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Part II .

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Members’ Retiring Allowances Regulations

made under

Section 25 of the

Members’ Retiring Allowances Act

R.S.N.S. 1989, c. 282

O.I.C. 2025-260 (effective April 1, 2018), N.S. Reg. 186/2025

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Calculation of interest for credit to pension accounts

Calculation of interest for repayment of amount withdrawn

Calculation of interest for back payments

Calculation of interest for credit to withdrawals or refunds of balance of contributions

Payment of allowance

Payment of allowance to trustee

Proof of age, relationship or disability

Allowance payable to retired member who is elected and again retires

Integration with Canada Pension Plan after age 65

Integration with Canada Pension Plan—survivor allowance

Citation

1 These regulations may be cited as the Members’ Retiring Allowances Regulations .

Definitions

2 In these regulations,

“Act” means the Members’ Retiring Allowances Act ;

“discount rate” for a fiscal year means the discount rate used to measure the

accrued benefit liabilities under the pension accounts in the consolidated financial

statements of the Province for the fiscal year;

“pension accounts” means the Account and the Supplementary Account

established under the Act;

“Public Service Superannuation Plan” means the Public Service Superannuation

Plan established under the Public Service Superannuation Act ;

“recipient” means a person receiving an allowance payable under the Act;

“retired member” means a member receiving an allowance under the Act;

“year’s maximum pensionable earnings” means Year’s Maximum Pensionable

Earnings as defined in the Canada Pension Plan .

Calculation of interest for credit to pension accounts

3 The interest rate calculated for amounts representing the interest on balances credited to

the pension accounts in each fiscal year under clauses 4(1)(

b) and 21C(1)(

b) of the Act is

a rate equal to the discount rate for the current fiscal year.

Calculation of interest for repayment of amount withdrawn

(1) Interest on an amount withdrawn under clause 16(1)(

a) or (3)(

a) of the Act and

repaid to the General Revenue Fund under

Section 10 of the Act is charged on and

from the date the amount is withdrawn under clause 16(1)(

a) or (3)(

a) of the Act to

the date the amount is repaid under

Section 10 of the Act.

(2) The interest rates for repayments into the General Revenue Fund under

Section 10

of the Act are as follows:

(

a) for the period before July 1, 1982, 4% per year compounded semi-annually;

(

b) for the period on and after July 1, 1982, to December 31, 1986, 13.15% per

year compounded semi-annually;

(

c) for the period on and after January 1, 1987, to March 31, 2018, 10% per

year compounded semi-annually; and

(

d) for each fiscal year of that portion of the period on and after April 1, 2018, a

rate equal to the rate charged for outstanding amounts payable to the Public

Service Superannuation Plan for that fiscal year.

Calculation of interest for back payments

5 Subsection 4(2) applies with any necessary modifications to the calculation of interest for

any amount paid by a person under subsection 6(3) of the Act.

Calculation of interest for credit to withdrawals or refunds of balance of contributions

(1) Interest on an amount paid to a person under

Section 16 of the Act is calculated on

and after the first day of the fiscal year following the fiscal year in which the

contribution to which the amount paid relates was made and before the day on

which the amount is paid.

(2) For the purpose of determining whether a refund of the balance of contributions is

owing to a member’s designated beneficiary or estate under

Section 17 of the Act,

interest is calculated on contributions made by the member as of the first day of the

fiscal year immediately following the fiscal year to which the contribution related

until the day before the member’s retirement began.

(3) The interest rates for the calculation of a withdrawal of member contributions

under

Section 16 of the Act or a refund of the balance of member contributions

under

Section 17 of the Act are as follows:

(

a) for the period before April 1, 2018, 4% per year compounded semi-annually; and

(

b) for the period on and after April 1, 2018, the average of the weekly 5-year

personal fixed term chartered bank administered interest rates as reported by

the Bank of Canada for the 12-month period ending on October 31st of the

previous calendar year for which interest is to be calculated, compounded

annually.

(4) Despite clause (3)(b), if a person ceases to be a member before September 1, 2025,

and is entitled to a withdrawal of member contributions under

Section 16 of the

Act, the interest rate for the period on and after April 1, 2018, until August 31,

2025, is calculated at the rate and in the manner set out in clause (3)(a).

(5) Despite clause (3)(b), if before September 1, 2025, a beneficiary of the member or

the estate of a member becomes entitled to a refund of the balance of member

contributions under

Section 17 of the Act, the interest rate for the period on and

after April 1, 2018, until August 31, 2025, is calculated at the rate and in the

manner set out in clause (3)(a).

Payment of allowance

(1) Except as provided in subsection (2) for the first month, an allowance must be paid

in equal monthly instalments on the last day of each month.

(2) The amount of allowance paid in the first month in which it is payable must be the

amount determined by the following formula:

amount of allowance = I × D ÷ TD

in which

I = the amount of the instalment payable for a full month

D = the number of days remaining in the month after the person became entitled to

an allowance, including the day on which the person became entitled

TD = the total number of days in the month

(3) For the month in which a recipient dies,

(

a) the instalment payable for that month is the amount payable for a full

month; and

(

b) the instalment may be paid to the recipient’s personal representative.

Payment of allowance to trustee

(1) An allowance payable to a recipient who is incapable of managing their affairs

may be paid to an attorney, guardian or decision-making representative appointed

by or for the benefit of the recipient.

(2) An allowance payable to a recipient who is incapable of managing their affairs and

for whom no attorney, guardian or decision-making representative has been

appointed may be paid to a trustee named by the Minister for the benefit of the

recipient.

Proof of age, relationship or disability

9 A member or other person who claims to be entitled to any benefit under the Act must

provide the Minister with the proof of age, relationship or disability that the Minister

requires.

Allowance payable to retired member who is elected and again retires

10 If a retired member becomes a member for a period and their allowance is discontinued

under

Section 15 of the Act, the member’s allowance must be recalculated when they

cease to be a member to account for their annual indemnity, annual salary and years of

service during the period.

Integration with Canada Pension Plan after age 65

(1) An allowance payable under the Act must be reduced in accordance with this

Section beginning in the month immediately after the month in which the member

or retired member reaches 65 years of age.

(2) The reduction referred to in subsection (1) is applied to the allowance paid from

the Registered Plan and the Supplementary Plan allowance must not be increased

as a result of the reduction applied to the Registered Plan.

(3) The amount of the reduction is the amount determined by the following formula:

amount of reduction = P × AE × YS

in which

P = 0.7%

AE = the average year’s maximum pensionable earnings during the 3 years in

which the member’s or retired member’s annual indemnity was the highest

YS = the number of years of the member’s or retired member’s service that are

subject to integration

(4) The following periods of service are subject to integration:

(

a) for members or retired members who were members immediately before the

dissolution of the 62nd General Assembly on April 30, 2017, service on and

after June 1, 2017, during which the member made payments to the General

Revenue Fund of the Province under

Section 6, 8, 9 or 10 of the Act; and

(

b) for all other members or retired members, service on or after the later of the

following dates during which the member made payments to the General

Revenue Fund of the Province under

Section 6, 8, 9 or 10 of the Act:

(

i) May 1, 2017, and

(ii) the first day of the month in which the member was elected.

(5) On and after the date a member or retired member ceases making contributions on

the member’s or retired member’s annual indemnity, no further service is subject

to integration.

(6) For a reduced allowance payable under

Section 12A of the Act, the reduction

calculated under subsection (3) must be reduced by the same percentage as the

reduced allowance.

Integration with Canada Pension Plan—survivor allowance

(1) If a member dies before retiring and before reaching 65 years of age, any survivor

allowance under

Section 13 of the Act must be reduced by the percentage

reduction calculated under subsection 11(3).

(2) If a retired member dies before reaching 65 years of age, any survivor allowance

under

Section 13 of the Act must be reduced as of the first day of the month

immediately after the month that the retired member would have reached 65 years

of age by the percentage reduction calculated under subsection 11(3).

(3) If a member or a retired member dies after reaching 65 years of age, any survivor

allowance under

Section 13 of the Act must be calculated as a percentage of the

allowance, as reduced under subsection 11(1), that the member or retired member

would have been entitled to receive if retired, or that they were receiving at the

time of the member’s or retired member’s death.

Legislative History

Reference Tables

Members’ Retiring Allowances Regulations

N.S. Reg.

186/

Members’ Retiring Allowances Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Members’ Retiring Allowances Regulations made

under the Members’ Retiring Allowances Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

186/2025

Apr 1, 2018

date specified

Oct 3, 2025

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

26/1956

Rates of Interest Regulations

Nov 15, 1956

Apr 1, 2018

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.