Bill 1439 — An Act To Amend the Pensions Funding Act and the Public Service Pensions Act, 1991 (47th General Assembly, 3rd Session)
Bill 1439
Newfoundland and Labrador — Bills
Third
Session, 47th General Assembly
Elizabeth II, 2014
BILL 39
AN ACT TO AMEND THE
PENSIONS FUNDING ACT AND THE PUBLIC SERVICE PENSIONS ACT, 1991
Received and Read the First Time .................................................................................................
Second Reading .................................................................................................................................
Committee ..........................................................................................................................................
Third Reading .....................................................................................................................................
Royal Assent ......................................................................................................................................
HONOURABLE
ROSS WISEMAN
Minister of Finance and President of Treasury Board
Ordered
to be printed by the Honourable House of Assembly
EXPLANATORY NOTES
This Bill would amend the Pensions
Funding Act and the Public Service Pensions Act, 1991 to reflect the
Public Service Pension Plan Reform Agreement executed on September 2, 2014.
The Pensions Funding Act would
be amended to exempt the public service pension plan under the Public
Service Pensions Act, 1991 from the Act, and, in particular, from the deficiency
guarantee under the Act.
The Bill would also transfer the
value of the assets contained in the pooled fund under the Pensions Funding Act respecting the public service pension plan to
the pension fund established under the Public
Service Pensions Act, 1991 .
The Public Service Pensions Act, 1991 would be amended to
establish
the Public Service Pension Plan Corporation, which would act as administrator
of the pension plan and trustee of the fund;
transfer the assets relating to the pension plan
under the Act from the pooled fund under the Pensions Funding Act into the Public Service Pension Plan Fund;
require
that the corporation and the board be bound by the joint sponsorship agreement;
require
government to deliver a promissory note that will amortize $2,685,000,000 over 30
years;
change
contribution rates and the method of pension and early retirement benefits calculation
in accordance with the reform agreement; and
make those other amendments as are necessary to
reflect the reform agreement, and to provide for the future administration of
the plan and management of the fund by the corporation.
A BILL
AN ACT TO AMEND THE PENSIONS FUNDING ACT
AND THE PUBLIC SERVICE PENSIONS ACT, 1991
Analysis
PENSIONS FUNDING ACT
S.3 Amdt.
Interpretation
2. S.5.1 Added
Transfer
3. S.9 Amdt.
Deficiency guarantee
PUBLIC
SERVICE PENSIONS ACT, 1991
S.2 Amdt.
Definitions
S.3 Amdt.
Application
S.4.1 Added
Fund established
S.5 Amdt.
Employee contributions
8. S.6 Amdt.
Deductions paid to fund
Ss.6.01 & 6.02 Added
6.01 Government payments
6.02 Termination and
wind-up
S.13 Amdt.
Transfer from Government Money Purchase Pension Plan
11. S.14 Amdt.
Reciprocity
12. S.16 R&S
Retirement
S.18 Amdt.
Calculation of pension
S.19 R&S
19. Pension upon
retirement
19.1 Pension upon
retirement - transitional
S.21 Amdt.
Offer of re-employment
16. S.25 Amdt.
When pensions payable
S.25.1 R&S
25.1 Indexing - persons in
receipt on coming into
force of
section
25.2 Indexing - persons in
receipt after the
coming into force
section
S.26 Amdt.
Pension payments
S.29 Amdt.
Error or misrepresentation
S.30 Amdt.
Rectification
S.31 Rep.
Committee
22. S.34 Amdt.
Regulations re certain employees
23. S.34.1 R&S
Directive of corporation or sponsor body
24. S.35 Amdt.
Appeal
25. S.36 Amdt.
Procedure
26. Ss.36.1 to 36.8 Added
36.1 Corporation
established
36.2 Application of Acts
to corporation
36.3 Objects of
corporation
36.4 Board
36.5 Corporation and board bound
36.6 Funded status of plan
36.7 No liability
36.8 Binding effect
27. S.37 R&S
Application of Acts, conflict
28. S.41 Amdt.
Income Tax Act ( Canada )
29. No liability
Act does not affect Provincial Court judges
31. Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
PENSIONS FUNDING ACT
RSNL1990 cP-6
as amended
1. Paragraph 3(
d) of the Pensions Funding Act is repealed.
2. The Act is amended by adding immediately after
section 5 the following:
Transfer
5.1 The
assets in the fund relating to the plan under the Public Service Pensions Act, 1991 are transferred to the Public
Service Pension Plan Fund established under
section 4.1 of that Act.
Section 9 of the Act is amended by renumbering it as subsection 9(1) and by adding
immediately after that subsection the following:
(2) Subsection (1) does not apply to the plan
established by the Public Service Pensions
Act, 1991.
PUBLIC SERVICE PENSIONS ACT, 1991
SNL1991 c12
as amended
(1) Paragraph 2(
a) of the Public Service Pensions Act, 1991 is
repealed and the following substituted:
(a) "actuarially reduced pension" means
a pension that has been reduced by an amount determined by an actuary that reflects
the fact that the pension is being paid from a date that is earlier than the
date the employee, based on his or her service, would be eligible for an
unreduced pension;
(a.1) "advanced retirement age" means the
end of the month in which the employee reaches the age of 58 years;
(2) The Act is amended by adding immediately after
paragraph 2(a.1) the following:
(a.2) "board" means the board of directors
of the corporation;
(3) Section 2 of the Act is amended by adding the
following:
(a.3) "Canada Pension Plan" means the Canada Pension Plan ,
chapter C-8 of the
Revised Statutes of Canada, 1985;
(4) The Act is amended by adding immediately after
paragraph 2(
c) the following:
(c.1) "corporation" means the Public
Service Pension Plan Corporation established under
section 36.1;
(5) Section 2 of the Act is amended by adding the
following:
(c.2) "deferred pensioner" means a person
who, under
section 7.1 has elected or is considered to have elected to receive
a deferred pension;
(c.3) "early retirement age" means the end
of the month in which the employee reaches the age of 60 years;
(6) The Act is amended by adding immediately after
paragraph 2(
e) the following:
(e.1) "employer" means an employer of
those persons included in the pension plan by
an Act of the Legislature or a
directive made under
section 34;
(7) The Act is amended by adding immediately after
paragraph 2(
f) the following:
(f.1) "fund" means the Public Service
Pension Plan Fund established under
section 4.1;
(f.2) "funding policy" means the funding
policy attached as Appendix A to the joint sponsorship agreement;
(8) Paragraphs 2(f.1) and (f.2) of the Act are
repealed and the following substituted:
(f.3) "government" means the government of
the province;
(9) The Act is amended by adding immediately after
paragraph 2(f.3) the following:
(f.4) "joint sponsorship agreement" means
the agreement relating to the joint sponsorship of the pension plan between government,
on the one part, and the Association of Allied Health Professionals, the
Canadian Union of Public Employees, the International Brotherhood of Electrical
Workers, the Newfoundland and Labrador Association of Public and Private
Employees and the Newfoundland and Labrador Nurses' Union, on the other part,
dated December 10, 2014 and includes the appendices to the agreement;
(10) Section 2 of the Act is amended by adding the
following:
(f.5) "life income fund" means life income
fund as defined in the Pension Benefits
Act Regulations ;
(f.6) "locked in retirement account" means
locked in retirement account as defined in the Pension Benefits Act Regulations ;
(11) Paragraph 2(
k) of the Act is repealed.
(12) Paragraph 2(
o) of the Act is repealed and the
following substituted:
(o) "prescribed", except as otherwise
indicated, means prescribed by the corporation;
(13) The Act is amended by adding immediately after
paragraph 2(
q) the following:
(q.1) "sponsor body" means the body appointed
in accordance with
section 4 of the joint sponsorship agreement;
(14) Paragraph 2(t.1) of the Act is repealed and
the following substituted:
(t.1) "terminating employee" means an
employee who terminates his or her employment or whose employment is terminated
for reasons other than disability and who is not retired, or entitled to
receive a pension under subsection 19(3), (4) or (5);
(t.2) "transitional period" means the
period of 5 years beginning on January 1, 2015;
5. Paragraph 3(2)(
a) of the Act is repealed and
the following substituted:
(
a) is excluded from this Act by a directive of
the corporation;
6. The Act is amended by adding immediately after
section 4 the following:
Fund established
4.1
(1) There
is established a fund to be known as the Public Service Pension Plan Fund.
(2) The fund shall be held in trust by the corporation.
(3) The assets relating to the pension plan contained
in the Newfoundland
and Labrador Pooled Pension Fund under the Pensions
Funding Act are transferred to the fund under the authority of
section 5.1
of that Act.
(4) In addition to subsection (3), there shall be
deposited into the fund
(
a) contributions made by employees and employers
under this Act;
(
b) the income of the fund; and
(
c) any other income arising from the operation of
the pension plan.
(5) Where an employer does not make a contribution
or deposit to the pension plan in the manner required by this Act, a penalty
shall be assessed and levied upon the amount of that contribution or deposit in
a manner directed by the corporation.
(6) There shall be paid out of the fund
(
a) pensions, refunds and payments as they fall
due under the pension plan;
(
b) the operating costs of the fund; and
(
c) other expenditures arising from the operation
of the pension plan.
(7) The assets of the fund may be pooled with the
assets of other pension plans, including government pension plans, for
investment purposes as directed by the corporation.
7. (1) Subsection 5(2) of the Act is repealed
and the following substituted:
(2) There shall be deducted from the salary of
every employee to whom the pension plan applies
(a) 10.75% of that portion of his or her salary
which is the basic exemption under the Canada Pension Plan;
(b) 8.95% of that portion of his or her salary in
excess of the basic exemption referred to in paragraph (
a) up to and including
the YMPE; and
(c) 11.85% of the portion of his or her salary which
is in excess of the YMPE.
(2) Section 5 of the Act is amended by adding
immediately after subsection (2) the following:
(2.1) Notwithstanding subsection (2), the sponsor
body may prescribe different amounts to be deducted from the salary of every employee
to whom the pension plan applies.
(3) Subsection 5(5) of the Act is amended by
deleting the words "pension fund" and substituting the word
"fund".
(4) Subsection 5(6) of the Act is amended by
deleting the words "pension fund" and substituting the word
"fund".
8. (1) Subsections 6(1) and (2) of the Act
are repealed and the following substituted:
Deductions paid
to fund
(1) The
government of the province shall pay out of the Consolidated Revenue Fund and
pay into the fund an amount equal to the contributions of its employees under
this Act unless otherwise directed by the sponsor body.
(2) The employers of those persons included in the
pension plan under
an Act of the Legislature or by a directive made under
section 34 shall pay into the fund an amount equal to the contributions of
their employees under this Act unless otherwise directed by the sponsor body.
(2) Subsection 6(4) of the Act is amended by
deleting the words "pension fund" and substituting the word
"fund".
(1) The Act is amended by adding
immediately after
section 6 the following:
Government payments
6.01
(1) The
government shall deliver a fully enforceable promissory note to the corporation
with the terms set out in this section.
(2) The promissory note shall amortize
$2,685,000,000 over 30 years in equal annual amounts of $195,000,000 payable in
quarterly instalments beginning on March 31, 2015.
(3) Payments made under subsection (2) shall be
fixed and made regardless of the funded status of the pension plan in the
future.
(4) The present value of the residual payments
described in subsection (2), discounted at 6%, shall be considered an asset of
the pension plan.
(5) The asset referred to in subsection (4) is a
non-investment asset which is non-marketable and non-transferrable and which
shall be used solely for the purpose of determining the funded ratio of the pension
plan.
Termination and
wind-up
6.02
(1) Where
the fund is to be terminated and wound up in accordance with the joint
sponsorship agreement, the assets of the fund shall be used to meet the accrued
benefit entitlements of employees, pensioners, deferred pensioners and any
other persons entitled to a benefit under the pension plan before any other
distribution may be made.
(2) Where the assets of the fund are insufficient to
secure the benefit entitlements referred to in subsection (1), the assets of
the fund shall be allocated to employees, pensioners, deferred pensioners and
any other persons entitled to a benefit under the pension plan on a pro-rated basis,
based on the actuarial present value of the accrued benefits of those persons
as of the date of the wind-up, and distributed in the manner determined by the
corporation.
(3) The government, an employee or an employer is not
required to pay any additional amount to the pension plan in respect of a
shortfall in the fund upon the wind-up of the pension plan.
(4) Nothing in subsection (3) affects in any way
government's obligation to continue to make payments under subsection 6.01(2)
in the manner contemplated in that subsection.
Section 13 of the Act is amended by deleting
the word "minister" and substituting the word "corporation".
11. Subsection 14(2) of the Act is repealed and the
following substituted:
(2) The corporation may enter into a reciprocal
agreement with a government, company, corporation, institution or legal entity
referred to in subsection (1) to give effect to the purposes set out in that
subsection and to provide for payments to be made into and out of the fund
under that agreement.
Section 16 of the Act is repealed and the
following substituted:
Retirement
(1) An
employee shall be retired under the pension plan
(
a) where he or she
makes an election under
section 19 or terminates employment upon reaching
normal retirement age, or, where he or she continues working past normal
retirement age, at the earlier of termination of employment or reaching the age
at which a pension benefit is required to begin under the Income Tax Act (Canada); or
(
b) where, after the employee has used up all sick
leave entitlement, he or she is unable to perform efficiently the duties of his
or her position or the duties of an alternative position owing to incapacity
that is medically certified to the satisfaction of the corporation as likely to
be permanent, from a date to be determined by the corporation.
(2) Notwithstanding subsection (1), where, during
the period an employee is on sick leave,
(
a) the employee's employment is terminated by
reason of redundancy;
(
b) the employee has not used up all his or her
sick leave benefits; and
(
c) the employee meets the requirements of this
section,
the employee shall be retired under the
pension plan from the date the employee's employment is terminated.
13. (1) Subsections 18(1) and (1.1) of the Act
are repealed and the following substituted:
Calculation of
pension
(1) A
pension awarded to an employee or seasonal employee is the product of 2% of the
average annual salary of the employee or seasonal employee for the highest 6
years of pensionable service before retirement, multiplied by the number of
years and months of credited pensionable service, but where the average of the
highest 5 years of the employee's pensionable service before the coming into
force of this
section is higher than the employee's highest 6 years, the
highest 5 years of pensionable service applies to the years and months of pensionable
service worked before the coming into force of this section.
(1.1) For the purpose of subsection 19(4), the pension
awarded under subsection (1) shall be reduced by 6% for each year that the employee's
age is less than the age at which his or her unreduced pension would start.
(2) Subsection 18(1.4) of the Act is amended by
deleting the word "minister" wherever it occurs and substituting the
word "corporation".
Section 19 of the Act is repealed and the
following substituted:
Pension upon
retirement
(1) This
section applies to all employees who accrue pensionable service after the coming
into force of this section, whether or not the employee also accrued pensionable
service before the coming into force of this section.
(2) Upon retirement in accordance with
section 16
or subsections (3) or (4), an employee shall be awarded a pension.
(3) An employee who
(
a) has reached normal retirement age and has not
less than 5 years of pensionable service;
(
b) has reached early retirement age and has not
less than 10 years of pensionable service; or
(
c) has reached advanced retirement age and has not
less than 30 years of pensionable service
may elect to retire and receive a pension
calculated and paid in accordance with
section 18 and the other provisions of
this Act.
(4) Notwithstanding subsection (3), an employee
who
(
a) has reached the age of 53 years and has not
less than 30 years of pensionable service; or
(
b) has reached the age of 58 years and the aggregate
of that employee's age and years of pensionable service is not less than 88
years
may elect to retire and receive a reduced
pension in accordance with subsection 18(1.1).
(5) Notwithstanding subsection (4), an employee or
former employee who has reached the age of 55 years and has been credited with
not less than 5 years of pensionable service may elect to retire and receive an
actuarially reduced pension.
Pension upon
retirement - transitional
19.1
(1) This
section applies to those persons who are eligible for retirement on the coming
into force of this
section or who become eligible for retirement in the
transitional period.
(2) In this
section
(a) "eligible for retirement" means
eligible for retirement under
section 19 of the Act as it existed before this
section came into force; and
(b) "prescribed employee" means an
employee who, by a directive of the minister under the Act as it existed before
this
section came into force, is eligible for retirement at the age of 55 years
with not less than 25 years of pensionable service.
(3) An employee or a prescribed employee who is or
who becomes eligible for retirement with an unreduced pension in the transitional
period may elect to retire in accordance with
section 19 as it existed before
this
section came into force at any time after reaching eligibility.
(4) A deferred pensioner who becomes eligible for
retirement with an unreduced pension in the transitional period shall retire in
the transitional period in accordance with
section 19 as it existed before this
section came into force.
(5) An employee or deferred pensioner who is or
who becomes eligible for retirement with a reduced pension in the transitional
period may elect to retire in that period in accordance with
section 19 as it
existed before this
section came into force.
(6) An employee who has at least 30 years of
pensionable service by the end of the transitional period may elect to retire
at any time after reaching the age of 55 years in accordance with
section 19 as
it existed before this
section came into force.
15. Subsection 21(2) of the Act is repealed.
16. Subsection 25(1) of the Act is repealed and the
following substituted:
When pensions
payable
(1) Pensions
shall be paid as directed by the corporation.
Section 25.1 of the Act is repealed and the
following substituted:
Indexing -
persons in receipt on coming into force of
section
25.1
(1) Persons
in receipt of a pension or a survivor benefit at the date of the coming into
force of this
section shall have their pensions indexed in accordance with
subsections (2) and (3).
(2) On October 1 in a year the amount of a pension
or survivor benefit being paid to a person who has reached the age of 65 shall
be adjusted by multiplying
(
a) the annual amount of the pension or survivor
benefit;
(b) 60% of the ratio that the Consumer Price Index
for the previous calendar year bears to the Consumer Price Index for the
calendar year immediately before the previous calendar year,
but the amount of any increase shall not
exceed 1.2% of the annual pension or survivor benefit.
(3) The amount of a pension or survivor benefit
being paid to a person shall not decrease by reason only of an adjustment under
subsection (2).
Indexing - persons
in receipt after the coming into force of
section
25.2
(1) Employees
who retire after the coming into force of this
section shall have their
pensions and survivor benefits indexed in accordance with subsections (2) and
(3).
(2) On October 1 in a year the portion of a
pension or survivor benefit being paid to a person who has reached age 65
relating to years and months of service credited before the coming into force
of this
section shall be adjusted by multiplying
(
a) the annual amount of the portion of pension or
survivor benefit relating to years and months of service credited before the
coming into force of this section;
(b) 60% of the ratio that the Consumer Price Index
for the previous calendar year bears to the Consumer Price Index for the
calendar year immediately before the previous calendar year,
but the amount of any increase shall not
exceed 1.2% of the annual pension or survivor benefit relating to the years and
months of service credited before the coming into force of this section.
(3) The amount of a pension or survivor benefit
being paid to a person shall not decrease by reason only of an adjustment under
subsection (2).
Section 26 of the Act is amended by deleting
the words "pension fund" wherever they occur and substituting the
word "fund".
Section 29 of the Act is amended by deleting
the word "minister" wherever it occurs and substituting the word
"corporation".
Section 30 of the Act is amended by deleting
the word "minister" and substituting the word "corporation".
Section 31 of the Act is repealed.
22. (1) Subsection 34(1) of the Act is amended
by deleting the word "minister" and substituting the words "corporation".
(2) Section 34 of the Act is amended by adding
immediately after subsection (3) the following:
(4) Where, before the coming into force of this subsection,
the minister issued a directive including in the pension plan persons employed
on a full-time basis, that directive shall continue in force for 3 months after
the coming into force of this subsection as if it had been made by the corporation
unless it has been superseded by a directive of the corporation under subsection
(1).
(5) A directive which has not been superseded
under subsection (4) shall expire at the end of the period referred to in that
subsection.
Section 34.1 of the Act is repealed and the
following substituted:
Directive of corporation
or sponsor body
34.1
(1) The
corporation or sponsor body, as applicable, may issue directives to give effect
to the purpose of this Act.
(2) Where, before the coming into force of this section,
the minister issued a directive to give effect to the purpose of this Act, that
directive shall continue in force for 3 months after the coming into force of
this subsection as if it had been made by the corporation or sponsor body, as
appropriate, unless it has been superseded by a directive of the corporation or
the sponsor body under the authority of subsection (1).
(3) A directive which has not been superseded
under subsection (2) shall expire at the end of the period referred to in that
subsection.
24. (1)
Section 35(1) of the Act is amended by
deleting the phrase "the minister or of the Lieutenant-Governor in Council"
and substituting the words "the corporation".
(2) Subsection 35(2) of the Act is amended by
deleting the phrase "the minister or the Lieutenant-Governor in Council"
and substituting the words "the corporation".
Section 36 of the Act amended by deleting the
word "minister" wherever it occurs and substituting the word
"corporation".
26. The Act is amended by adding immediately after
section 36 the following:
Corporation established
36.1
(1) There
is established a corporation without share capital to be known as the Public
Service Pension Plan Corporation.
(2) The head office of the corporation shall be at
St. John's .
(3) The corporation is not an agent of the Crown.
(4) The provisions of this
section and sections
36.2 to
section 36.7 constitute the articles of the corporation.
(5) A director or a person employed by the
corporation does not become, by reason of that office or employment only, an
officer or employee of the Crown.
Application of
Acts
to corporation
36.2
(1) The
Corporations Act , except
section 27,
paragraphs 31(a), (
d) and (e), sections 32, 167, 172, 190, 191, 198, 199, 200,
201, 204, 277, 278, 378, and subsection 422(1), does not apply to the corporation.
(2) The Lieutenant-Governor in Council, on the
recommendation of the sponsor body, may make regulations directing that additional
provisions of the Corporations Act
apply to the corporation, provided that those regulations do not conflict with
this Act.
(3) Where there is a conflict between a provision
referred to in subsection (1) and this Act, this Act prevails.
Objects of corporation
36.3 The
objects of the corporation are
(
a) to act as trustee of the fund; and
(
b) to act as administrator of the pension plan,
and to exercise those other powers and perform those other duties as may be
expressly conferred upon the corporation under the joint sponsorship agreement.
Board
36.4
(1) For
the exercise and discharge of the powers and duties of the corporation, there
shall be a board of directors comprised of not less than 6 and not more than 16
persons.
(2) A director of the corporation, in exercising his
or her powers and discharging his or her duties, shall
(
a) act honestly and in good faith with a view to
the best interests of the pension plan and for the benefit of all employees,
pensioners and deferred pensioners; and
(
b) exercise the care, diligence and skill that a
reasonably prudent person would exercise in comparable circumstances.
(3) The board, by resolution, may make, amend or
repeal by-laws that regulate the business or affairs of the corporation.
(4) By-laws made by the board shall not conflict
with the joint sponsorship agreement.
Corporation and
board bound
36.5 The
corporation and the board are bound by and shall act in accordance with the
joint sponsorship agreement as provided for in that agreement.
Funded status of
plan
36.6 Actuarial
surpluses and deficits relating to the pension plan shall be shared in
accordance with the funding policy as follows:
(a) 50% shall be shared with and borne by
government; and
(b) 50% shall be shared with and borne by the
members of the pension plan.
No liability
36.7 The
corporation is not liable for loss or damage suffered by another person because
of anything done or omitted to be done under or in the exercise or supposed
exercise of the powers conferred by this Act, where those powers have been
exercised in accordance with subsection 36.4(2).
Binding effect
36.8
(1) The
sponsor body's decisions, rules, policies and procedures made or established in
accordance with the joint sponsorship agreement, the pension plan or the fund
shall be binding on the corporation, employers, employees, pensioners and
deferred pensioners and their respective beneficiaries, dependents, estates,
heirs, executors, administrators, successors and assigns.
(2) The corporation's decisions, rules, policies
and procedures shall be binding on the sponsor body, employers, employees,
pensioners and deferred pensioners and their respective beneficiaries, dependents,
estates, heirs, executors, administrators, successors and assigns.
(3) Notwithstanding subsection (1) or (2), nothing
referred to in those subsections binds or in any way affects a Provincial Court
judge who is a member of the pension plan or a pensioner at the date of the coming
into force of this
section or at any time in the future.
Section 37 of the Act is repealed and the
following substituted:
Application of
Acts, conflict
(1) The
Pension Benefits Act, 1997 does not
apply to this Act.
(2) Where this Act conflicts with the Public Employees Act or another Act, this
Act shall prevail.
28. Paragraph 41(
c) of the Act is amended by
deleting the word "minister" and substituting the word "corporation".
No liability
29. An action or proceeding does not lie or shall
not be instituted or continued against the Crown or a minister, employee or
agent of the Crown or a participating employer based on a cause of action
arising from, resulting from or incidental to the operation of this Act.
Act does not
affect Provincial Court
judges
(1) Except as provided in subsection (2),
nothing in this Act binds or affects in any way a Provincial Court judge who
was a member of the pension plan or a pensioner or his or her spouse at the
date of the coming into force of this Act or at any time in the future.
(2) A pension or survivor benefit for a Provincial Court
judge shall be paid by the corporation out of the pension fund in accordance
with the Act as it existed before this Act came into force.
Commencement
31. (1) Subsections 4(1), (3), (5), (6), (8),
(10) and (14), 7(1), and 13(1), sections 14, 17, 21 and 29 and subsection 30(1)
of this Act come into force on January 1, 2015.
(2) A section, subsection, paragraph, subparagraph
or clause of this Act not referred to in subsection (1) comes into force on a
day or days to be proclaimed by the Lieutenant-Governor in Council.
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