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This is an unofficial archived version of The Civil Service Superannuation Act

as enacted by SM 1988-89, c. 1 on October 19, 1988.

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R.S.M. 1988, c. C120

The Civil Service Superannuation Act

Table of contents

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1(1)

In this Act,

"agency of the government" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which

(

a) are appointed by

an Act of the Legislature or by the Lieutenant Governor in Council; or

(

b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; ("organisme gouvernemental")

"annual salary rate" means an employee's basic hourly or daily or bi-weekly rate of pay, as the case may be, multiplied by the number of basic hours or days or bi-weekly periods in one year of continuous employment, but this amount shall not be less than the employee's salary during the immediately preceding 12 months of his employment; ("taux annuel de rémunération")

"approved benefit index" means a benefit index calculated under subsection 32(2) and approved under subsection 32(3); ("indice agréé de prestation")

"board" means The Civil Service Superannuation Board appointed under this Act; ("Régie")

"Canada pensionable earnings" means for each numerical year after the year 1965 in which an employee has service, the salary of the employee for that numerical year, or the maximum pensionable earnings for that numerical year as determined under the Canada Pension Plan, whichever is the lesser; ("gains admissibles au Régime de pensions du Canada")

"civil service" means the civil service as that expression is defined in The Civil Service Act but not including any member, officer, or employee of an agency of the government unless classified or designated under clause 2(1)(

b) or deemed to be in the civil service under subsection 6(3); ("fonction publique")

"common-law relationship" means the relationship between a man and a woman who are common-law spouses; ("relation maritale")

"common-law spouse" means a person publicly represented by another person as the spouse of that other person

(

a) where either of the persons is prevented by law from marrying the other, for a period of not less than three years, or

(

b) where neither of them is prevented by law from marrying the other, for a period of not less than one year; ("conjoint de fait")

"commuted value" means the present value of an accrued future benefit provided under this Act computed in accordance with procedures determined by the actuary in accordance with The Pension Benefits Act and the regulations made thereunder; ("valeur commuée")

"continuous employment" includes a period of employment before and after a temporary suspension of employment that is unbroken except for the temporary suspension of employment; ("emploi continu")

"eligible survivor" when used in respect of a deceased employee means a person who is a child of the deceased employee, is unmarried and is either

(

a) under the age of 18 years, or

(

b) between the age of 18 years and 25 years and in full time attendance in an educational institution that is considered acceptable by the board; ("survivant admissible")

"employee" means, subject to subsection 2(1) and to subsection 6(3),

(

a) any person who, on June 30, 1960, was an employee within the meaning of this Act; and

(

b) any person who, on or after July 1, 1960, is or becomes an employee within the meaning of The Civil Service Act; and (

c) any person who is employed with the government in seasonal employment or as a term employee and who has given notice under subsection 2(4), or is deemed to be an employee under subsection 2(5) or 2(6), or who was an employee within the meaning of this Act immediately before becoming employed with the government in seasonal employment or as a term employee;

but, subject to clause (a), to subsection 2(1), and to subsection 6(3), does not include

(

d) any person who is a member or employee of an agency of the government;

(

e) a term employee of the government to whom clause (

c) does not apply or a casual employee;

(

f) any person employed in seasonal employment with the government to whom clause (

c) does not apply;

(

g) a person who is a student on a substantially full-time basis who prior to the date on which he would be or be deemed to be an employee within the meaning of this Act, satisfies the employer that he is a student on a substantially full-time basis and notifies the employer that he does not wish to become an employee within the meaning of this Act;

(

h) a person who is a member of a religious group which has as one of its articles of faith the belief that members of the group are precluded from being members of a pension plan of the kind established under this Act and who, prior to the date on which he would be or be deemed to be an employee within the meaning of this Act satisfies the employer that he is a member of such a religious group and notifies the employer that he does not wish to become an employee within the meaning of this Act because of that other membership in the religious group;

(

i) a minister's secretary who was not an employee under this Act at the time of his appointment as a minister's secretary and does not thereafter become an employee under The Civil Service Act;

(

j) a teacher within the meaning of The Teachers' Pensions Act;

(

k) any person who, having been an employee, has ceased to be such by reason of his retirement, or his leaving the service, or otherwise; ("employé")

"fund" means The Civil Service Superannuation Fund constituted under this Act; ("caisse")

"integrated annuity" means the amount to which an ordinary allowance or an optional annuity may be increased as provided in subsection 29(3); ("rente intégrée")

"investment committee" means The Civil Service Superannuation Fund Investment Committee for which provision is made in

section 10; ("Comité des placements")

"minister's secretary" means a secretary of a minister of the Crown; ("secrétaire de ministre")

"money purchase account" means an account established in the accounts of the board in accordance with

section 64; ("compte à cotisation déterminée")

"normal retirement age" means the age of 70 years and 11 months; ("âge normal de la retraite")

"optional annuity" means one of the annual superannuation allowances for which provision is made in subsection 29(1); ("rente facultative")

"ordinary allowance" means an annual superannuation allowance payable as provided in

section 25, and in subsection 28(1); ("allocation ordinaire")

"pension benefit" means the aggregate monthly or other periodic payments of superannuation allowance to which an employee is or may become entitled under this Act upon retirement or to which any other person is entitled under this Act by virtue of the death of the employee after his retirement; ("prestation de pension")

"pension benefit credit" means the value at a particular time of the pension benefits and any other benefits provided under this Act to which the employee has become entitled as of that time; ("crédit de prestation de pension")

"person employed full time" means a person who, in whatever category or classification his employment was placed, was employed in a capacity in which he devoted at least half of his working time to the service of the government or agency of the government, but does not include a person excepted from the definition of "civil service" by

section 1 of The Civil Service Act; ("employé à plein temps")

"recognized Canadian scheme" means any plan or scheme established to provide pension, superannuation or disability benefits, or any of them, for and in respect of employees

(

b) of the government of a province or territory of Canada, or

(

d) of an agency of the government of a province or territory of Canada, or

(

e) of a municipality in Canada, or

(

f) of a school division, school district or school area in Canada, or

(

g) of an educational institution in Canada, or

(

h) of a hospital or associated health facility in Canada,

or any of them and under which the employees make contributions towards the funding of the plan or scheme; ("régime canadien agréé")

"salary" includes

(

a) wages;

(

b) living expenses or allowances received in cash where they form part of the remuneration of the employee;

(

c) any meals, food, living quarters, garage space, fuel, light, domestic or telephone service or similar emolument supplied, where they form part of the remuneration of the employee; and

(

d) vacation pay and any amount paid on termination of employment in respect of accrued vacations;

where the salary, wages, expenses, or allowances, or emoluments are paid or supplied to the employee by the government or the commission, board or corporation, as the case may be, and any other remuneration designated by regulations made by the board and approved by the Lieutenant Governor in Council as salary, but does not include any fees or allowance or payment for overtime or other extra allowance or gratuity, or severance pay or any amount paid instead of vacations to an employee who is not terminating his employment, or the employer's contributions to any Manitoba Health Services Insurance Plan or group insurance premium, or any retroactive salary paid to an employee who has resigned, has been dismissed or has died, unless he is entitled to an allowance or annuity or his spouse or eligible survivor is entitled to an allowance or unless he has resigned and elected to leave his contributions and accruals in the fund under

section 42 or has transferred funds under a reciprocal agreement and any other remuneration designated not to be salary by regulations made by the board approved by the Lieutenant Governor in Council; ("traitement")

"temporary suspension of employment" means

(

a) a period ending after December 31, 1983 not exceeding 52 consecutive weeks during which a person who immediately before the period was employed by an employer is not performing duties as an employee of the employer and after the expiry of which the person is again employed by the employer,

except where an actual termination of the employment of the person has occurred, and includes any leaves of absence authorized by the employer or required by law to be granted which do not extend the period to more than 52 consecutive weeks, and

(

b) a period ending before January 1, 1984, not exceeding 30 days during which a person who immediately before the period was employed by an employer as an employee and the person is again employed by the employer except where an actual termination of employment of the person has occurred; ("suspension temporaire d'emploi")

"transferred employee" means an employee who has been designated as a transferred employee in an order of the Lieutenant Governor in Council made pursuant to

section 52. ("employé réaffecté")

(

a) classify or designate any officers of, or persons employed by, the government not within the definition of employee in this Act as within that definition for the purposes of the Act; but the officers or employees so classified or designated shall only be deemed to have become employees from the date of the order for the purposes of this Act;

(

b) classify or designate any or all of the members, officers, and employees of an agency of the government as within the definition of "employee" for the purposes of this Act;

(

c) classify or designate any officers or employees who are within the definition of employee as not being within that definition for the purposes of this Act.

Retroactive classification.

2(2)

Any classification or designation made under clause (l)(

b) or (

c) may be made effective before the date on which the classification or designation is made but not more than one year before the date on which the classification or designation is made.

Salary rec. from San. Bd. and gov.

2(3)

Where an employee of The Sanatorium Board of Manitoba is classified or designated pursuant to clause (l)(b), if he is during any period thereafter in receipt of salary or remuneration both from that board and from the government, he shall contribute to the fund under

section 16 during that period in respect of the salary or remuneration received by him from each of those sources; and, for the purpose of determining his annual superannuation allowance, the total of the salary or remuneration received from both sources shall be deemed to be his salary during that period.

Inclusion of part-time employees

2(4)

A person who is employed in seasonal, part-time or temporary employment, or is a term employee with the government or with an employer to the employees of which this Act applies, may, at any time after becoming so employed give written notice to the board and to the government or other employer as the case requires, that he desires to be an employee within the meaning of this Act and, upon giving such notice, he becomes an employee within the meaning of this Act on the first day of the first pay period in the second month after the month in which the notice is given, or on the first day of any subsequent pay period specified in the notice.

Becoming employee after two years.

2(5)

A person who has been employed in the seasonal, part-time or temporary employment or is a term employee with the government or with an employer to the employees of which this Act applies, during two consecutive numerical years after December 31, 1983, in each of which the person has earned from that employment not less than 1/4 of the maximum pensionable earnings as determined under the Canada Pension Plan for that numerical year, shall be conclusively deemed to have become an employee within the meaning of this Act on the first day of the first pay period commencing in the first month after the month in the second numerical year in which his earnings exceed 1/4 of the maximum pensionable earnings for that second numerical year.

Term employee becoming an employee.

2(6)

A term employee who has completed one year of continuous term employment with the government or an employer to the employees of which the Act applies and to whom subsection (5) does not apply, shall be conclusively deemed to have become an employee within the meaning of this Act on the first day of the pay period following the completion of the year of continuous term employment.

Provisions re. part-time employment.

2(7)

For the purposes of this Act, a person employed in seasonal, part-time or temporary employment with the government or an agency of the government to the employees of which this Act applies, shall accumulate service in that employment in any year in accordance with the following formula but in any case not more than one year of service for any year:

T = H/U

In this Formula

is the portion of a numerical year, not exceeding one year, of service or of salaried employment accumulated for the person in that numerical year;

is, in the case of a person employed at an hourly rate, the number of hours, not including overtime, for which the person was paid in that numerical year and, in the case of a person employed at a daily, weekly or monthly rate, the number of days, not including overtime, for which the person was paid in that numerical year; and

is, in the case of a person employed at an hourly rate, the number of hours, not including overtime, in that numerical year for which a full-time permanent employee in similar employment was paid and, in the case of a person employed at a daily, weekly or monthly rate, the number of days, not including overtime, in that numerical year for which a full-time permanent employee employed in similar employment was paid.

Notice of date.

2(8)

Where, pursuant to an order in council passed under clause (1)(

b) or subsection 6(3) before or after the coming into force of this subsection, a person employed by or under a board, commission, association, or corporation to which that clause or that subsection applies becomes an employee under this Act, that board, commission, association, or corporation shall forthwith notify the board of the date upon which that person so becomes an employee.

Period of common-law relationship.

3(1)

For the purposes of this Act and of any division of the pension benefit credit of a person under subsection 31(2) of The Pension Benefits Act, the period during which an employee shall be considered a party to a common-law relationship commences on the day on which the board receives a declaration in the form prescribed in the regulations under The Pension Benefits Act declaring that the employee is a party to a common-law relationship with another person identified in the declaration and ending on the day the employee notifies the board in writing that the existence of the common-law relationship has been terminated.

Payments before notice.

3(2)

Where the board is authorized to pay any amount under this Act by reason of the death of any person, and that person was not lawfully married at the time of his death, if the board, before it received written notice, either by service on the board or by registered mail, of an application made under subsection (1), paid the amount as though the person was not survived by a spouse, the board is not liable in any way for not having made the payment to an applicant who is declared to be a surviving spouse of that person under subsection (1).

Application of Act to Crown.

This Act applies to

(

a) the Crown in right of the province;

(

b) every person who was an employee immediately before May 1, 1939, and who continues to be an employee at any time on or after May 1, 1939;

(

c) every person who was not an employee immediately before May 1, 1939, and who becomes an employee on or after May 1, 1939.

Superannuation board.

5(1)

The Act shall be administered by a board which shall be known as:" The Civil Service Superannuation Board" , and consists of nine members of whom four shall be representatives of the employees.

Corporate status of board.

5(2)

The members of the board are a body corporate and, in addition to the name "The Civil Service Superannuation Board" may use the name "Superannuation Investments Corporation" for purposes of holding property and investments in which money is invested under

section 9.

Corporations Act not to apply.

5(3)

The Corporations Act does not apply to the board.

Capacity of natural person.

5(4)

The board has the capacity and, subject to this Act, all the rights, powers and privileges, of a natural person.

Election of employees' representatives.

5(5)

The Lieutenant Governor in Council may make regulations providing for the method of election by the employees of four persons whose names shall be submitted to the Lieutenant Governor in Council with a view to the appointment of those persons as representatives of the employees on the board.

Appointment of members.

5(6)

The Lieutenant Governor in Council shall appoint, and fix the terms of office of, the members of the board, one of whom he shall designate as chairman thereof; and, unless it is deemed inadvisable in the interests of the public or of the employees to appoint any one or more of such persons, the Lieutenant Governor in Council shall appoint as representatives of the employees the persons whose names have been submitted as provided in subsection (5).

Remuneration of chairman.

5(7)

The chairman of the board, but no other member thereof, shall be paid such remuneration as the Lieutenant Governor in Council prescribes.

Expenses of members.

5(8)

The members of the board may be repaid such out-of-pocket expenses actually incurred by them in attending meetings of the board or otherwise in the discharge of their duties under this Act.

Regulations as to procedure.

5(9)

The board, with the approval of the Lieutenant Governor in Council, may make regulations providing for the regulation and conduct of its meetings and proceedings, including the fixing of the quorum necessary for the transaction of business and the appointment from among its own members of such committees as it may deem necessary, and conferring upon any such committee power and authority to act for the board in and in relation to such matters as the board may deem expedient.

Power of board to extend time limits.

5(10)

Where any person fails to meet any time limit set out in this Act for doing any act or thing required to be done under this Act to obtain a benefit under this Act, and the board is satisfied that the failure is due wholly or in a material way to any act, omission, or failure of the employer or employing authority of the person or of an employee of the board, the board may extend the time for doing the act or thing.

Board may administer other pension plans.

5(11)

Subject to the approval of the Lieutenant Governor in Council, the board may enter into an agreement under which the board undertakes to administer a pension, superannuation or other benefit plan for employees, or some of the employees, of an agency of the government, or a pension, superannuation or other benefit plan established pursuant to

an Act of the Legislature.

Appointment of actuary.

6(1)

The board, with the approval of the Lieutenant Governor in Council, may appoint an actuary and such other employees as may be necessary and fix their remuneration.

Employment of actuary.

6(2)

The minister responsible for the administration of this Act may employ an actuary for the purpose of making such reports and valuations as the minister may require; and the Minister of Finance shall, from and out of the Consolidated Fund, pay to the actuary such fees or other remuneration as the minister responsible for the administration of this Act may approve.

Application of Act to certain employees.

6(3)

If the Lieutenant Governor in Council so directs and subject to the provisions of this Act, the following persons shall be deemed to be in the civil service for all purposes of this Act

(

a) any employee of the board;

(

b) any employee of The Teachers' Retirement Allowances Fund;

(

c) any employee of The Manitoba Research Council;

(

d) employees of The Manitoba Government Employees' Association;

(

e) employees of The National Union of Provincial Government Employees;

(

f) any member, officer or employee of a marketing commission or producer board established under The Natural Products Marketing Act;

(

g) any resident administrator of a local government district;

(

h) any employee under this Act who is on leave of absence from an employer under this Act to serve in an official position to which the employee has been elected or appointed in a labour union, or in an employees' organization, to represent exclusively employees of the government or agencies of the government;

(

i) any secretary, treasurer or secretarytreasurer of a watershed district under The Conservation Districts Act;

(

j) any employee of the Manitoba Water Services Board;

(

k) any employee of a housing authority under The Housing and Renewal Corporation Act;

(

l) any employee of a labour union which is the bargaining agent for a bargaining unit comprised of persons who are employees to whom this Act applies and whose duties consist primarily in representing that bargaining unit;

(

m) any employee of the Province of Manitoba Human Resources Opportunity Centres.

Employees under cl. (3)(m).

6(4)

This Act, except subsection 63(2), applies to employees mentioned in clause (3)(

m) only on, from and after October 10, 1986.

Contributions to fund by certain employers.

6(5)

Where an employee, member or officer who by reason of subsection (3) is deemed to be in the civil service for the purpose of this Act, the employer of the employee or the board, association, commission, council, union, labour union, organization, district or authority by which he is employed or of which he is a member or officer, except The Teachers' Retirement Allowances Fund Board, shall, in each period during which the employee, member or officer contributes to the fund by way of deduction from salary, wages or remuneration, contribute to the fund an equal amount to the amount contributed to the fund by the employee, member or officer in respect of that period; and the employer, board, association, commission, council, union, labour union, organization, district or authority, except The Teachers' Retirement Allowances Fund Board, is not required to contribute to the fund in respect of that employee, member or officer under subsection 22(2) or 23(2).

Payments an administrative expense.

6(6)

Payments made by The Civil Service Superannuation Board under subsection 22(2) shall be charged as an expense of the board in the administration of this Act.

Prior non-contributory employment.

6(7)

Where an employee under subsection (5) applies under

section 63 to have prior non-contributory, full-time, continuous employment or a portion thereof included in computing his service and agrees to pay to the fund the amount payable under

section 63, if the employee had that employment with an employer under subsection (5), that employer shall contribute to the fund an amount equal to the amount contributed to the fund by the employee in respect of his employment with that employer.

Payments into fund re war service.

6(8)

Where

(

a) a person deemed to be an employee under subsection (3); or

(

b) a person who was, before retirement, a person deemed to be an employee under subsection (3); or

(

c) a person who is receiving or who may be entitled to receive an allowance, pension or annuity under this Act in respect of a person who was formerly a person deemed to be an employee under subsection (3);

applies under subsection 35(2) to have all or part of the period of enlistment in the forces of the Crown as described in subsection 35(1) of the employee, retired employee or former employee included in computing the service of the employee, retired employee or former employee, and agrees to pay to the fund the amount payable under

section 35, the employer of the employee, or the employer of the employee at the time he retired, or the employer of the former employee at the time the former employee died or ceased to be employed, shall contribute to the fund an amount equal to the amount contributed to the fund by the employee, retired employee, or person receiving or entitled to receive the benefit, in respect of the period of enlistment.

Fund continued.

The fund known as "The Civil Service Superannuation Fund" is hereby continued.

Board as trustee of fund.

8(1)

The board is the trustee of the fund.

Safekeeping of fund.

8(2)

The board may deliver the securities in which the fund is invested to the Minister of Finance for safekeeping.

Investment of fund.

9(1)

Moneys in the fund, less such amount as the board may deem necessary to meet the payment of current superannuation allowances, withdrawals, costs, and expenses shall be invested in accordance with the directions of the investment committee by the board.

Permissible investments.

9(2)

Moneys in the fund may be invested in any investments that are permissible under The Pension Benefits Act and the regulations made thereunder, but the moneys in the fund shall not be used to purchase common stocks at any time when 25% of the book value of the investments of the fund are common stocks.

Exception for previously held investments.

9(3)

Notwithstanding The Pension Benefits Act, or the regulations made thereunder, any investments held by the fund as at January 1, 1977, may be held for such period as the investment committee deems advisable whether the investments are or are not permissible under that Act and the regulations made thereunder.

Disposal of investments.

9(4)

The board may sell any stock, bonds, debentures or other securities of the fund on the direction of the investment committee and the proceeds of any sale shall be dealt with in the same manner as if the money had not been invested.

Joint investments.

9(5)

Any investment authorized under subsection (2) may be made either alone or jointly with any insurance, loan or trust company transacting business in Canada, or any pension fund in Canada.

Trustee Act investments.

9(6)

Notwithstanding subsection (2), and notwithstanding The Pension Benefits Act and the regulations made thereunder, moneys in the fund may be invested or loaned in any investments or on any security in or on which a trustee is authorized under The Trustee Act to invest or loan trust moneys.

Investment committee.

10(1)

The Civil Service Superannuation Fund Investment Committee is continued.

Membership.

10(2)

The investment committee consists of (

a) the chairman of the board, who is the chairman of the committee;

(

b) subject to subsection (3), the Deputy Minister of Finance;

(

c) a member of the board appointed by order of the Lieutenant Governor in Council, to represent all the employees, for such term as may be fixed in the order in council appointing him.

Duties of A. D. M. Finance.

10(3)

In the absence of the Deputy Minister of Finance from The City of Winnipeg or in the event of his inability or incapacity, from any cause, to act, or at the request of the Minister of Finance or the Deputy Minister of Finance, the Assistant Deputy Minister of Finance shall act as a member of the investment committee; and while so acting he has all the powers, rights, and duties of the Deputy Minister of Finance as a member of the investment committee.

Duties of investment committee.

10(4)

The investment committee shall regularly review the investments in which the fund is invested and, subject to subsection 9(2), shall give directions in writing, signed by the chairman, as to the investments in which moneys in the fund and available from time to time for investment shall be invested.

Banking.

11(1)

Uninvested moneys of the fund shall be kept on deposit in the name of the fund in a chartered bank.

Authority for temporary borrowing.

11(2)

Accounts to be kept.

12(1)

Accounts shall be kept by the board under the direction of the chairman of the board and the Provincial Auditor, showing a separate account for each employee contributing to the fund and for each person receiving any payment out of the fund, and such other accounts as are necessary to show the financial condition of the fund.

Where kept and audit thereof.

12(2)

The accounts of the fund shall be kept by an employee of the board, and the fund and the accounts shall be examined, checked and audited by the Provincial Auditor from time to time and at least annually.

What fund formed of.

12(3)

The fund shall be formed of contributions from the salaries of employees and payments made thereto by the government and by any board, commission, or corporation, as hereinafter provided, and shall include any gifts, grants, and legacies, to the fund from any source whatsoever, together with interest earned by the fund.

Superannuation adjustment account

13(1)

The superannuation adjustment account is continued.

Contributions to adjustment account.

13(2)

There shall be credited to the superannuation adjustment account

(a) 10.2% of the employee's contributions under

section 17 as those contributions are received by the board; and

(b) 10.2% of the contributions made by employers under subsection 6(5) as those contributions are received by the board.

Charges on adjustment account.

13(3)

At the end of each month there shall be charged to the superannuation adjustment account

(a) 1/2 of all superannuation adjustments paid in accordance with

section 33; and

(

b) the remaining 1/2 of all superannuation adjustments paid in accordance with

section 33 to or in respect of former employees of employers mentioned in subsection 6(5).

Interest on adjustment account.

13(4)

On June 30 and December 31 in each year, interest at a rate determined in accordance with subsection (5) shall be credited to the superannuation adjustment account for the 1/2 year ending on each of those dates and based on the average balance in the account at the beginning of each of the preceding six months.

Rate of interest

13(5)

For the purposes of this section, the rate of interest to be credited to the superannuation adjustment account shall be determined by the board and shall be based on the rate earned on all mortgages, bonds and debentures in the fund.

Transfer of surplus.

13(6)

If at any time the actuary, on the basis of his valuation of the fund and of the superannuation adjustment account, reports a surplus in the superannuation adjustment account, the board may allocate all or any portion of the surplus to the other purposes of the fund.

Triennial actuarial report.

14(1)

The board shall cause an actuarial report to be made on the status of the fund as at December 31 in the year 1986 and in every third year thereafter.

Other actuarial reports.

14(2)

The board may cause an actuarial report to be made on the status of the fund at any time and as of any date that the board may deem it advisable to cause such a report to be made.

Delivery and tabling of reports.

14(3)

The board shall cause a copy of each report made under subsection (1) or (2) to be delivered to the member of the Executive Council having general supervision of the administration of this Act who shall cause it to be laid before the Legislative Assembly forthwith if it is then in session, and, if not then in session, within 15 days of the opening of the first session that begins after the expiration of nine months from the date as of which the report is made.

Payments from fund.

15(1)

Payments of superannuation allowances, annuities and pensions payable under this Act and all payments of refunds and transfer of credits under this Act, and all payments of administrative costs of the board shall be made out of the fund.

Method of payment.

15(2)

Every payment out of the fund shall be made

(

a) by cheque of the board signed by; or

(

b) by direct transfer into the payee's account in a bank, trust company or credit union authorized to receive money on deposit pursuant to an arrangement authorized by the signature of;

officers and employees of the board designated by the board for the purpose.

Facsimile signature.

15(3)

The board may authorize the signing of cheques by the use of mechanical means of reproducing thereon facsimile signatures of the persons authorized to sign cheques.

Fees for actuarial expenses.

Where

(

a) a person requests information; or

(

b) as the result of an election or decision of any person the board is required to obtain information;

and in order to provide or obtain the information the board requires a report or calculation by an actuary, the board may either before or after providing or obtaining the information

(

c) charge and collect from the person requesting the information or making the election or decision a fee equal to the amount charged by the actuary for providing the report or calculation; or

(

d) charge and collect a flat fee prescribed by the board for providing or obtaining the information.

Employees' contributions.

Every employee shall, by reservation and deduction from his salary, contribute to the fund

(a) 5.1% of his Canada pensionable earnings; and

(b) 7% of any part of his salary in excess of his Canada pensionable earnings.

Contributions compulsory.

The contributions to the fund shall be compulsory for every employee unless otherwise provided in this Act.

Valuation of subsistence supplied.

Where any part of the salary of the employee comes within clause (

c) of the definition "salary" in

section 1, the board shall fix the value thereof for the purposes of this Act, and the reservation and deduction required by this Act shall be made from the cash salary received by the employee.

Employee returning to service.

20(1)

(

a) repays the fund an amount equal to any amount paid to the employee out of the fund on leaving the civil service; and

(

b) pays to the fund an additional amount actuarially determined, and sufficient to reinstate the account of the employee in the fund and the employee's rights thereunder in the same position, as nearly as may be, as that in which the account was, and those rights were, at the time the employee left the civil service;

the board may reinstate the account of the employee in the fund accordingly.

Length of service.

20(2)

Notwithstanding any other provision of this Act, the period during which the employee was out of the civil service shall not be included in computing his length of service for the purposes of this Act.

Instalment payments.

20(3)

Subject to the approval of the board, an employee may repay to the fund the sum of the amounts payable by him under clauses (l)(

a) and (

b) in instalments as approved by the board together with interest on the portion of that sum remaining unpaid, from time to time, at a rate determined by the board compounded yearly.

Reinstatement of service.

20(4)

Where

(

a) under

section 63, the board grants an application to have included in computing, for the purposes of this Act, the service of any person any full time or continuous employment that the person had immediately prior to the date his service as an employee began as established by the records of the board; and

(

b) by reason of the inclusion of that employment, the service of that person for the purposes of this Act began on a date within three years after the date of his having previously left the civil service;

the employee, retired employee or recipient, as the case may be, who made the application under

section 63, may apply under this

section for reinstatement of the service of that person prior to the date that that person previously left the civil service.

Persons receiving commuted value.

20(5)

Where the board has paid to or to the credit of a former employee the commuted value of a deferred pension to which the former employee would, except for the payment, be entitled under the Act the person is not eligible to apply under subsection (1) for reinstatement of any part of the period of service on which the deferred pension was based or any service prior to that period of service and the board shall not reinstate such service or accept any payment under subsection (1) in respect of such service.

Employee loaned may continue in fund.

21(1)

Notwithstanding anything in this Act, where an employee under this Act is loaned by his employer to another government, or to any other person, and leave of absence is granted for that purpose for a period not exceeding two years, which period may be extended for an additional period of two years, the employee may, within two months of the date of the loan, elect to continue as a contributor to the fund as herein provided.

Exception.

21(2)

Subsection (1) does not apply to an employee who has been granted leave of absence from an employer to serve in an official position to which he has been elected or appointed in a labour union or an employees' organization to represent exclusively employees of the government or agencies of the government.

Employee on loan without salary.

21(3)

Where the leave of absence on loan is without salary or the employer that loaned the employee does not directly or indirectly contribute to the salary of the employee while on loan, if the employee so elects, he shall continue to contribute to the fund amounts based on the percentage of the rate of annual salary of which he was in receipt at the date of the loan, together with an amount equal thereto and the contributions shall be payable monthly by the employee to the fund.

Computation of service.

21(4)

Where the employee pays the contributions as aforesaid he shall be deemed an employee during that period of the loan for the purposes of this Act and to be in receipt of an annual salary at the rate aforesaid.

Part of salary payable by gov.

21(5)

If the leave of absence on loan is with a portion of his salary payable either directly or indirectly by the employer that loaned the employee, he shall be deemed to continue as an employee for the purposes of this Act and be liable to contribute to the fund during the period of the loan but to be in receipt, however, of only the salary payable directly or indirectly by the employer that loaned the employee; but the employee may elect in addition to continue to contribute to the fund amounts based on the percentage of the rate of annual salary equal to the difference between salary directly or indirectly payable by the employer that loaned the employee and the salary at the rate of which he was in receipt immediately prior to the loan together with an amount of contribution equal to the last mentioned contribution, and the contributions shall be payable monthly by the employee to the fund.

Computation of salary.

21(6)

If the employee pays the contributions as aforesaid he shall be deemed during the period of the loan for the purposes of this Act to be in receipt of an annual salary at the rate of salary of which he was in receipt immediately prior to the loan.

Regulations.

21(7)

The Lieutenant Governor in Council, on the recommendation of the board, may make regulations for the purpose of carrying into effect the intent of this section; but no regulations made hereunder shall be such as to impose an actuarial burden on the fund.

Employee on educational leave.

21(8)

Where, pursuant to The Civil Service Act or any practice established in an agency of the government, an employee is granted an educational leave of absence without salary and, while the employee is on leave of absence, the government or the agency of the government, as the case may be, does not, directly or indirectly, contribute to his salary or pay to him any allowance to which subsection (10) applies, the employee may elect as in a case to which subsection (1) applies, and, if he does, subsections (4), (6) and (7) apply with such modifications as the circumstances require.

Employee on educational leave with salary.

21(9)

Where, pursuant to The Civil Service Act or any practice established in an agency of the government, an employee is granted an educational leave of absence and, while the employee is on leave of absence, the government or the agency of the government, as the case may be, contributes directly or indirectly to his salary, the employee may elect as in a case to which subsection (1) applies, and, if he does, subsections (5), (6) and (7) apply with such modifications as the circumstances require.

Contributions where allowance paid.

21(10)

Where leave of absence is granted to an employee as mentioned in subsection (8), but the government or agency of the government, as the case may be, pays to him an allowance in lieu of salary during the period of leave of absence,

(

a) he may elect as in a case to which subsection (1) applies, and, if so, subsection (3), (4), (6) and (7) apply to the case, with such modifications as the circumstances require; or

(

b) he may elect to continue to contribute to the fund amounts based on the applicable percentage of the allowance paid to him by the government or agency of the government, as the case may be, together with an amount equal thereto; and, if so,

(

i) he shall be deemed to be an employee during that portion of the period of leave of absence that is the same proportion of the whole of that period that the allowance paid to him is of the salary of which he was in receipt when leave of absence was granted; and

(ii) he shall, in the computation of his annual superannuation allowance, to be credited with having received, during the period of leave of absence, an amount of salary equal to the amount of the allowance paid to him by the government or agency of the government, as the case may be, as if the allowance so paid had been paid as salary.

Allowance not salary.

21(11)

Notwithstanding anything in the definition "salary", an allowance paid by the government or the agency of the government, as the case may be, as mentioned in subsection (10) shall be deemed not to be salary, but shall be deemed to be an extra allowance or gratuity to which that clause refers.

Alternative election for educational leave.

21(12)

Where an employee is granted an educational leave of absence as described in subsection (8) or (9) and he does not make an election as provided in subsection (8), (9) or (10), he may at any time before the expiration of 18 months after the completion of the educational leave of absence, apply to the board to have the whole or part of the period of educational leave of absence included in computing his service for the purposes of this Act.

Where application to be granted.

21(13)

Where the board receives an application under subsection (12), it shall grant the application if

(

a) at the time the application is made the applicant is still on educational leave of absence or if the educational leave of absence is completed the applicant is an employee; and

(

b) the applicant agrees in writing to pay to the fund by lump sum or by instalment an amount equal to 14% of the annual salary rate as at the date of making the application for each year and each part of a year of the period which he applied to have included in computing his service plus interest in accordance with subsection 63(8);

and subsections (4) and (7) apply with such modifications as the circumstances require.

Salary rate while on leave of absence.

21(14)

For the purposes of clause (13)(b), where an employee makes an application under subsection (12) while he is still on educational leave of absence, his annual salary rate as at the date of making the application is his annual salary rate immediately preceding the date the leave of absence commenced.

Monthly payment by government to fund.

22(1)

Out of the Consolidated Fund, with moneys authorized by

an Act of the Legislature to be so paid and applied, the Minister of Finance, shall pay to the fund, on or before the last day of each month, in respect of persons who have retired from the civil service and who, at the time of their retirement, were not employed under an agency of the government, the following amounts:

(

a) an amount equal to one-half of the sum of the amounts payable in respect of the month on account of the annual superannuation allowances and the supplementary superannuation allowances and superannuation adjustments and annuities payable under this Act to persons who become entitled to such allowances and adjustments and annuities after March 31, 1961;

(

b) an amount equal to the sum of the amounts, if any, by which the annual superannuation allowances payable in respect of the month of March, 1961, to persons who became entitled to such allowances before April 1, 1961, were increased by the amendments to this Act that became effective on April 1, 1961; and

(

c) an amount equal to one-half of the sum of the amounts, if any, by which the annual superannuation allowances payable in respect of the month immediately preceding January 1, 1965, to persons who became entitled to such allowances before January 1, 1965, are increased by the amendments to this Act that became effective on January 1, 1965.

Monthly payments to fund by agencies.

22(2)

Subject to subsection 6(4), where the Lieutenant Governor in Council, before the coming into force of this subsection, has designated, or hereafter designates, any members, officers, or employees of an agency of the government as being within the definition of "employee" or any person is deemed under

section 6 to be in the civil service, the agency of the government, after the date this subsection comes into force, shall pay to the fund, on or before the last day of each month, in respect of persons who have retired from the civil service and who, at the time of their retirement, were employed under that agency of the government, amounts calculated in the same manner as that in which amounts payable by the Minister of Finance under subsection (1) are calculated.

Payments into fund re increases.

22(3)

Out of the Consolidated Fund, the Minister of Finance shall pay to the fund on or before the last day of each month a sum equal to the total of the amounts that the board has paid in that month in respect of service included while the employee was in the civil service prior to May 1, 1939 under subsection 63(2), to provide for the increases in the annual superannuation allowances and supplementary superannuation allowances of employees who have retired.

Permanent charge.

22(4)

The sums payable to the fund by the government under subsections (3), (8) and 53(7) are a permanent and direct charge on the Consolidated Fund and, notwithstanding any provision of The Financial Administration Act, those sums may be paid although no annual appropriation for the purpose is made by the Legislature.

Calculation re. deferred allowances.

22(5)

In calculating the amounts payable by the government and by agencies of the government in respect of each month under subsections (1) and (2), the sum of the amounts by which the instalments payable to persons to whom clause (1)(

b) applies are increased from time to time, and which are credited to such deferred annuity accounts shall be deemed to be amounts payable in that month, under clauses (l)(

a) and (b), to persons who have become entitled to annual superannuation allowances.

Milk Control Board employees.

22(6)

The Minister of Finance shall pay to the board from and out of moneys held in the Trust and Special Division of the Consolidated Fund for the purposes of liabilities of The Milk Control Board of Manitoba, amounts calculated by the actuary as representing the actuarial liability under this Act for the employer's share of benefits in respect of service prior to September 30, 1974, in respect of which applications are made under subsection 37(2) and

section 63 or either of those provisions by persons who were members, officers or employees of The Milk Control Board of Manitoba, or retired employees of The Milk Control Board of Manitoba.

Arrangements in respect of double benefits.

22(7)

Where an employee or retired employee is or will become entitled to be granted an annual superannuation allowance or annuity under this Act in respect of a period of recognized service and the board becomes aware that the employee or retired employee is or will become entitled to receive a pension benefit in respect of the same period of service under a plan or a scheme established by a reciprocating Manitoba Employer, as that expression is defined in

section 53, the board shall

(

a) in a manner approved by the member of the Executive Council charged with the administration of this Act reduce the amount of the annual superannuation allowance or annuity which the employee or retired employee is or will become entitled to receive under this Act to an amount based on his service but not including that period of service in respect of which he is or will become entitled to receive a pension benefit under the plan or scheme established by the reciprocating Manitoba employer, or make adjustments in its records of service of the employee or retired employee to exclude that period of service; and

(

b) refund to the employee or retired employee, or transfer on his written instruction, to another payee, any contributions he has made to the fund for that period of service in respect of which he is or will become entitled to receive a pension benefit from the plan or scheme established by the reciprocating Manitoba employer, together with interest thereon calculated at the rate and in the manner provided under subsection 42(1).

Certain payments and transfers.

22(8)

Where the board pays an amount from the fund under subsection 42(14) or 44(1) or transfers an amount to a money purchase account under subsection 44(1) in respect of an employee or a former employee, it shall recover from the employer with whom the employee is employed or with whom the former employee was employed immediately before he ceased to be an employee within the meaning of this Act, and that employer shall pay to the fund, an amount equal to 1/2 of the amount paid or transferred by the board in respect of the employee on or before the last day of the month in which the board notifies the employer of the amount it is required to pay.

Definition of "employer".

22(9)

For the purposes of subsection (8), "employer" means the government or an agency of the government or any association, corporation, board, commission or body to the employees of which this Act applies but does not include any such employer who is required to make contributions to the fund under subsection 6(5).

Payments by gov. interest.

23(1)

Out of the Consolidated Fund, with moneys authorized by

an Act of the Legislature to be so paid and applied, the Minister of Finance shall pay to the fund, on or before the last day of each month, an amount equal to

(

a) the amount of any interest accumulated on contributions refunded in that month to any person under

section 41 or 42 in respect of a person who

(

i) died while he was employed in the civil service and not employed under an agency of the government, or

(ii) died after he had retired and was not employed under an agency of the government at the time of his retirement; and

(

b) the amount of the interest portion of the present actuarial value of any annuity granted in that month under subsection 50(3) to the spouse of a deceased person who

(

i) died while he was employed in the civil service and not employed under an agency of the government; or

(ii) died after he had retired and was not employed under an agency of the government at the time of his retirement.

Payments by agencies re. interest.

23(2)

Subject to subsection 6(5), where the Lieutenant Governor in Council, before the coming into force of this subsection, has designated, or hereafter designates, any members, officers, or employees, of an agency of the government as being within the definition of "employee" or any person is deemed under

section 6 to be in the civil service, the agency of the government shall pay to the fund, on or before the last day of each month, an amount equal to

(

a) the amount of any interest accumulated on contributions refunded in that month to any person under

section 41 or 42 in respect of a person who

(

i) died while he was employed in the civil service and not employed under an agency of the government, or

(ii) died after he had retired and was not employed under an agency of the government at the time of his retirement; and

(

b) the amount of the interest portion of the present actuarial value of any annuity granted in that month under subsection 50(1) to the spouse of a deceased person who

(

i) died while he was employed under the agency of the government, or

(ii) died after he had retired and was employed under the agency of the government at the time of his retirement.

Accrued liability of government.

24(1)

An amount of $1,826,300. being an accrued liability assumed by the government for persons who were employees immediately before May 1, 1939, and who, at any time on or after

May 1, 1939, continued to be employees or are in receipt of allowances, gratuities, or superannuation, is continued in the accounts of the fund as a debt due from the government to the fund.

Interest.

24(2)

On March 31 and on September 30 in each year, the government in addition to the payment for which provision is made in

section 22, shall pay to the fund one half year's interest at the rate of 4% per annum on the amount of the accrued liability assumed by it as mentioned in subsection (1).

Payment of debt by government.

24(3)

The government may pay to the fund the whole or any part of the debt set up under subsection (1), either in cash or by delivery of a treasury bill or other form of government security; and in that case, if the whole of the debt is so paid, no interest is thereafter chargeable to the government under subsection (2); and if a part only of the debt is so paid, interest is thereafter payable by the government under subsection (2) upon the unpaid portion of the debt only.

Granting of superannuation allowance.

Subject as herein otherwise provided, the board shall grant to an employee who retires on or after reaching normal retirement age an annual superannuation allowance computed in accordance with subsection 26(1) and ceasing with the monthly instalment payable for the month in which his death occurs.

Calculation of allowance.

26(1)

Subject as hereinafter provided, an annual superannuation allowance payable to a person and to which reference is made in

section 25 shall be calculated in accordance with the following formula:

Superannuation allowance = (.02 × A × S) − (.004 × C ×

T) In this formula:

is the average annual salary during five years of the person's service or during the person's service if it does not total five years;

is the average annual Canada pensionable earnings received by the person during the five years used for the purposes of determining the value of A for the person or during the person's service if it does not total five years;

is the number of years of the person's service including parts of years expressed in decimals to three or four decimal places; and

is the number of years of person's service after December 31, 1965, including parts of years expressed in decimals to three or four decimal places.

Best five years.

26(2)

Except as may be otherwise provided in this Act, the five years of service used for the calculation of an annual superannuation allowance payable to an employee under subsection (1) and to which reference is made in

section 25, shall be the last five years of the employee's service.

Substitution of certain service.

26(3)

Where during an employee's last 12 years of service, the rate of salary of the employee within a calendar year that is not within the employee's last five years of service, is greater than the rate of the employee's salary during an equivalent period in the last five years of service of the employee, the period of service and the rate of salary of the employee during the calendar year that is not within the employee's last five years of service, shall be substituted for an equivalent period of service and the salary therefor that is within the employee's last five years of service, in determining the average annual salary of the employee for the purpose of calculating the annual superannuation allowance payable to the employee under subsection (1).

Canada pensionable earnings in partial year.

26(4)

An employee's Canada pensionable earnings from the beginning of the period of earnings to be averaged for the purposes of determining the value of C in the formula set out in subsection (1) to the end of the calendar year in which that period began are

(

a) his salary from the beginning of that period to the end of that calendar year; or

(

b) the year's maximum pensionable earnings as determined under the Canada Pension Plan reduced by his salary from the beginning of that calendar year to the beginning of that period;

whichever is the lesser; but, where that period began before December 31, 1965, the number "$5,000." shall be substituted in clause (

b) for the phrase "the year's maximum pensionable earnings as determined under the Canada Pension Plan".

Computation of earnings of partial year.

26(5)

Where it is necessary for earnings that were recorded at the end of a year to be used to determine an employee's earnings for part of that year, the earnings so recorded shall be deemed to have been received by him in equal monthly instalments.

Transferred credits.

Where a person becomes an employee and, under a pension plan or superannuation plan of his previous employer, he is entitled to a refund of his contributions made under that plan or is entitled to transfer, or have transferred, credits that he has under that plan, he may pay the amount of the refund, or transfer or have transferred, the credits that he has under that plan, to the fund; and the board shall, upon his being granted an annual superannuation allowance or disability allowance under any other

section of this Act, grant him such additional annuity as can reasonably be provided by the amount so paid or transferred to the fund under this

section together with interest thereon from the date of payment or transfer to the date of retirement at 3% per year, as that annuity is actuarially calculated on the basis of the amount so paid or transferred to the fund with such interest and of the valuation of the fund last made preceding the calculation.

Allowance on early retirement.

Subject as herein otherwise provided, the board shall grant to an employee who is deemed to have retired under

section 60, or to a person who makes an application under subsection 42(19),

(

a) where the allowance is to commence being paid after the employee reaches the age of 60 years, an annual superannuation allowance computed in accordance with subsection 26(1); or

(

b) where the allowance is to commence being paid before the employee reaches the age of 60 years, an annual superannuation allowance computed in accordance with subsection 26(1) and reduced by .0625% for each full month beginning with the month in which the allowance is to commence being paid up to and including the month in which the employee reaches or would reach the age of 60 years;

and the superannuation allowance shall be calculated and payable as of the date of retirement of the employee.

Optional annuities.

29(1)

Subject to subsections (5) and (6),

(

a) where a person who is granted an annual superannuation allowance under

section 25 applies to the board in writing for an optional annuity under this

section not later than the date of his retirement, or not later than 30 days after the board is supplied with proof of age that results in his retroactive retirement; or

(

b) where a person who is granted an annual superannuation allowance under

section 31 applies to the board in writing for an optional annuity under this

section not later than the date of his retirement or 30 days after the meeting at which the board granted him that allowance, whichever is the later; or

(

c) where a person who is granted an annual superannuation allowance under

section 29 or subsection 42(19) applies to the board in writing for an optional annuity under this

section not later than 30 days after the day the board receives his application to have the provisions of

section 60 apply to him, or not later than the day of his retirement, whichever is the later;

the board shall, subject as herein provided, in lieu of the annual superannuation allowance, grant and thereafter pay to him an optional annuity as hereinafter in this subsection described for which he has applied; that is to say an annuity that is equal to the annuity that can reasonably be provided by the amount of the net accrued liability of the fund based on unisex tables in respect of the employee as at the date of his retirement and that is the actuarial equivalent of the superannuation allowance he would receive if he retired as provided in

section 59 and his superannuation allowance was computed as provided in

section 26, but computing the allowance on the basis that it is

(

d) payable until the death of the retired employee and thereafter a continuing annuity equal to two-thirds of the annuity is payable to not more than one person designated by him, if that designated person has survived him, until the death of that designated person; or

(

e) payable until the death of the retired employee and thereafter a continuing annuity equal to one-half of the annuity is payable to not more than one person designated by him, if that designated person has survived him, until the death of that designated person; or

(

f) payable until the death of the retired employee or until the death of not more than one person designated by him as the continuing recipient of the annuity, whichever death first occurs, and thereafter a continuing annuity equal to two-thirds of the annuity is payable for life to the retired employee or that designated person, whichever is the survivor; or

(

g) payable until the death of the retired employee or until the death of not more than one person designated by him as the continuing recipient of the annuity, whichever death first occurs, and thereafter a continuing annuity equal to one-half of the annuity is payable for life to the retired employee or that designated person, whichever is the survivor; or

(

h) guaranteed payable until the death of the retired employee or for 120 months as provided in subsection (8), whichever period is the longer; or

(

i) any other form of annuity that involves life contingencies and that is approved by the board, and, where any continuing annuity is of greater value than continuing annuity described in clause (d), the approval of the board is subject to evidence, at the retirement of the applicant or at the time of his application under subsection 42(19), of the satisfactory health of the applicant.

Applications after death.

29(2)

Where an employee who ceases to be an employee due to retirement is prevented, by ill health or death, from applying for a superannuation allowance under

section 28 or 31 or for an optional annuity under subsection (1), he shall be deemed to have made an application for an allowance under

section 28 or 31 or for an optional annuity under subsection (1), as the case may be, within the times mentioned in clauses (l)(a), (

b) or (c), as the case may require and to have applied

(

a) if he is survived by a spouse, for the annuity payable as described in clause (1)(

d) and to have designated his spouse as the continuing recipient of the annuity; and

(

b) if he is not survived by a spouse but is survived by one or more eligible survivors, for an annuity under clause (1)(

i) which would provide for an annuity to the employee and after his death for payment to each eligible survivor for as long as he remains an eligible survivor as defined in subsection 1(1), but not exceeding 120 months including any time in which the annuity was paid to the employee, of equal annuities the aggregate of which, at any time, shall equal the amount that can be provided under clause (1)(h);

and the board shall grant such an annuity.

Integrated annuities.

29(3)

Subject to subsection (4), where an ordinary allowance or an optional annuity is payable, if the person to whom it is payable has applied therefor in writing to the board not later than the dates mentioned in clause (l)(a), (

b) or (c), as the case may be, the board shall, as hereinafter in this subsection provided, integrate the allowance or annuity payable to that person with the pension payable to him under the Old Age Security Act (Canada) and the Canada Pension Plan, or either; that is to say

(

a) the board shall increase the amount of the monthly instalment of the allowance or annuity payable on his retirement by an amount, actuarially computed, that is equal to the value, at the time of his retirement of

(

i) the monthly pension that will become payable under the Old Age Security Act (Canada) to persons who have the same date of birth as he has; or

(ii) the monthly pension that will become payable to him under the Canada Pension Plan; or

(iii) both those monthly pensions;

as the case requires;

(

b) if, after the retirement of the applicant, but before he reaches the age at which a monthly pension will become payable to him under the Old Age Security Act (Canada) or the Canada Pension Plan, or both, the monthly pension payable to him under either or both of those Acts is increased, the board may forthwith further increase the amount of the monthly instalment of the allowance or annuity payable under this Act by the amount, actuarially computed, that is equal to the value, at the time of the increase, of the increase in the amount of either or both of the monthly pensions aforesaid, or the board may refuse to alter the increase previously established under this subsection; and

(

c) on the applicant reaching the age at which a monthly pension becomes payable under the Old Age Security Act (Canada) or the Canada Pension Plan or both to persons who have the same date of birth as he has, the board shall reduce the amount of the monthly instalment of the allowance or annuity as so increased by an amount equal to the monthly pension or pensions used in making the actuarial computation or computations that has or have been made under clause (

a) or (b), as the case may be, respecting the allowance or annuity payable to the applicant.

Effect of death before 65.

29(4)

Where a retired employee in receipt of an integrated annuity dies before reaching the age at which he would become eligible to receive a monthly pension under the Old Age Security Act (Canada), subject as in this subsection provided, the increased amount payable under clause (3)(

a) shall not thereafter be paid, and, if the retired employee was in receipt of an optional annuity, no reduction thereof shall be made; but in the case of a guaranteed annuity payable under clause (l)(

h) or (i), the board shall continue to pay the increased amount until the date on which the deceased person would have reached the age at which he would have become eligible to receive a monthly pension under the Old Age Security Act (Canada), had he lived.

Calculation of net accrued liabilities.

29(5)

The net accrued liability to which reference is made in clauses (l)(

d) to (

i) shall be calculated on the basis of the valuation of the fund last made before the retirement of the employee.

Revocation of application.

29(6)

An employee who has applied for an optional annuity or an integrated annuity may revoke his application at any time before the dates mentioned in clauses (l)(a), (

b) or (c), as the case may be.

Payment of guaranteed allowance.

29(7)

Subject to subsection (2), where a retired employee to whom an optional annuity is payable under clause (l)(

h) or (

i) dies before he has received the optional annuity for the period of 120 months mentioned in clause (1)(h), or for any other guaranteed period that may be provided in an optional annuity granted under clause (l)(i), the board shall continue to pay the optional annuity

(

a) to such person as he may designate in writing signed by him, by a will or otherwise; or

(

b) if he has designated no such person, or if the person so designated has died, or dies

(

i) to his surviving spouse; or

(ii) if there is no surviving spouse, to the legal guardian of his infant children living at the time of his death; or

(iii) if there is neither surviving spouse nor infant children, to his legal personal representative;

for such additional period as, when added to the period during which the allowance was paid to the retired employee who has so died, makes a total period of 120 months or a total period equal to any other guaranteed period that may be provided in an optional annuity granted under clause (1)(e), as the case may be.

Lump sum.

29(8)

Where, under subsection (7), an optional annuity becomes payable to the legal personal representative of a person dying, the board, at its option, in lieu of paying an optional annuity as herein provided, may, on application by the legal personal representative, pay to him a lump sum calculated by the actuary and equal to the commuted value, at the time of payment of that sum, of the then remaining unpaid instalments of the optional annuity payable to the legal personal representative.

Change of designated recipient

29(9)

A person who has designated another to receive payment of the balance of an optional annuity under subsection (7) may, at any time, change the person so designated by signing a later writing to that effect; and any designation made as provided in this section, even if contained in a will, shall notwithstanding

section 22 of The Wills Act, have effect from the time of its execution.

Designation by inoperative will.

29(10)

A designation contained in an instrument purporting to be a will which has not been revoked otherwise than by operation of law is effective as a designation, notwithstanding that the instrument is invalid as a testamentary instrument.

Annuity for married persons.

Where, after December 31, 1983, the board begins paying a superannuation allowance, annuity or pension to a former employee, if the former employee is married on the date the payment begins, unless the former employee and the spouse of the former employee jointly agree, in writing, in a form approved by The Manitoba Pension Commission, filed with the board not later than 30 days after the date on which the first payment is actually paid, to the payment of the superannuation allowance, annuity or pension in some other form of annuity approved by the board, the board shall pay the superannuation allowance, annuity or pension in the form of the optional allowance described in clause 29(l)(d).

Application for disability allowance.

31(1)

Where an employee

(

a) has 10 or more years of service;

(

b) has not reached the age of 60 years;

(

c) suffers from a disability; and

(

d) has filed with the board a medical report completed by a duly qualified medical practitioner in a form prescribed by the board;

he may apply to the board for a disability superannuation allowance.

Report by employer.

31(2)

Where an employee applies to the board for a superannuation allowance under this section, the board may require the head of the department of government or the agency of the government in or by whom the employee is employed for a report, and the head of the department or agency shall furnish the board with a report in a form prescribed by the board.

Further medical examination.

31(3)

Where an employee applies for a disability superannuation allowance under this

section the board may require the employee to submit to a medical examination by a duly qualified medical practitioner appointed by the board for the purpose before it considers his application.

Total and permanent disability allowance.

31(4)

Where upon application under this

section the board is satisfied that an employee has retired or will retire from the civil service, on account of total and permanent disability, the board shall grant a disability superannuation allowance to the employee calculated in accordance with

section 26.

Partial and permanent disability allowance.

31(5)

Where upon an application under this

section the board is satisfied that an employee has retired or will retire from the civil service on account of a partial and permanent disability, the board shall grant a disability superannuation allowance to the employee calculated in accordance with

section 26 reduced by .0625% for each full month beginning with the month in which he retires from the civil service up to and including the month in which he reaches, or would reach, the age of 60 years.

Commencement of disability allowance.

31(6)

Subject to subsection 42(20), a disability superannuation allowance granted to a person under this

section shall be paid commencing as of the day following the day on which the person retires from the civil service on account of the disability.

Recipients under disability programs.

31(7)

Solely for the purpose of granting disability superannuation allowances under this section, a person who is receiving long term disability benefits provided under a contract or otherwise by the government for its employees or by any agency of the government for its employees, or, except for a waiting period under the terms of the program before becoming entitled to begin receiving the benefits, would be eligible to receive such benefits, shall be deemed to have retired from the civil service.

Review of allowance.

31(8)

The board may review the case of a person in receipt of an allowance under this section, and,

(

a) if it sees fit, cancel or suspend the allowance;

(

b) in the case of an allowance under subsection (4), if it decides that the disability of the person is no longer total and permanent, may reduce the allowance to an amount equal to the allowance that would have been granted to him under subsection (5) if, on his retirement, an allowance had been granted to him under that subsection; and the reduced allowance shall be effective from the first day of the month next following the decision;

(

c) in the case of an allowance under subsection (5), if it decides that the disability of the person at the date of granting the allowance was total and permanent, may increase the allowance to an amount not exceeding the allowance that may be granted to him under subsection (4); and the increased allowance shall be effective from the date on which the allowance was granted; and

(

d) in the case of an allowance under subsection (5), if it decides that the disability of the person has become total and permanent, and if that person has not reached the age at which under

section 59 employees are required to be retired, may increase the allowance to an amount not exceeding the allowance that may be granted to him under subsection (4); and the increased allowance shall be effective from the first day of the month next following the decision.

War pensioner's allowance.

31(9)

Re-entry into service - total disability.

31(10)

Where an employee receives an allowance under subsection (4) and is subsequently re-employed in the civil service, the account of the employee in the fund and the employee's rights thereunder shall be reinstated in the same position as near as may be to that which they were at the time of his leaving the service; but the period during which he was in receipt of allowance shall not be considered in computing the length of service of the employee for the purposes of this Act.

Re-entry into service - partial disability.

31(11)

Where an employee receives an allowance under subsection (5) and is subsequently re-employed in the civil service, the account of the employee in the fund and the employee's rights thereunder shall, subject to the lien or charge hereinafter provided, be reinstated in the same position as near as may be to that which they were at the time of his leaving the service; but the period during which he was in receipt of allowance shall not, except for the purpose of calculating an enhanced pension pursuant to the regulations made under

section 65, be considered in computing the length of service of the employee for the purposes of this Act.

Lien on account.

31(12)

The account shall be subject to a lien or charge for all moneys received by the employee as an allowance from the fund under subsection (5) together with interest thereon computed at the rate of 4% per annum.

Incidence of lien.

31(13)

The amount of the lien or charge shall, with interest at the rate aforesaid, remain a first lien or charge against the account of the employee until paid by him; and any allowance to which the employee may become entitled shall be reduced by the proportion that the amount of the lien or charge outstanding at the date the employee is retired bears to the accrued liability of the fund in respect of the employee as calculated by the actuary.

Definitions for section.

31(14)

In this

section

"partial" where used in the expression "partial and permanent disability" means disability that is not so severe as to make the employee incapable of pursuing any substantially gainful occupation but is so severe that the employee is incapable of pursuing the occupation he pursued prior to the disability; ("partiel")

"permanent" where used in the expression "total and permanent disability" or the expression "partial and permanent disability" means prolonged, in the sense that the disability is likely to be long continued and of indefinite duration, or likely to result in death; ("permanent") and

"total" where used in the expression "total and permanent disability" means disability that is severe, in the sense that the employee is incapable of pursuing any substantially gainful occupation. ("totale")

Determination of disability.

31(15)

The decision as to whether a disability exists or not in any person, and whether any disability that exists in any person is temporary or permanent, and whether any permanent disability that exists in any person is total or partial, is in the discretion of the board.

Calculation of benefit index.

32(1)

The actuary shall calculate a benefit index that is applicable to any year of retirement of an employee and that is a monthly amount based on the amount obtained by multiplying

(

a) the percentage increase in the consumer price index for Canada between December 31 in the year of retirement and December 31 immediately prior to July 1 on which the supplementary allowance becomes payable or on which any variation in supplementary allowance is to become effective;

(

b) the average monthly salary received by all the persons who made contributions to the fund and who were between 60 and 65 years of age on December 31 in that year of retirement;

and multiplying the product so obtained by 2%; but, if the consumer price index on December 31 in any year varies less than 1% from the consumer price index used in calculating the latest benefit index approved by the board and the Lieutenant Governor in Council, the latest benefit index approved by the board and the Lieutenant Governor in Council shall continue to be used.

Approval of index.

32(2)

A benefit index calculated under subsection (1) does not become effective until it is approved by the board and the Lieutenant Governor in Council.

Superannuation adjustments.

33(1)

Where on July 1 in any year, a superannuation allowance is payable to a person who retired on or before January 1 in the next preceding year, a monthly superannuation adjustment as determined under subsection (7) shall be paid to that person from and after the month of July in that year.

Partial superannuation adjustment.

33(2)

Where, on July 1 in any year, a superannuation allowance is payable to a person who retired after January 1 and before August 1 in the next preceding year, there shall be paid to that person from and after the month of July in that year the percentage of the monthly superannuation adjustment that would have been payable to him under subsection (1) if he had retired before January 1 in the next preceding year which percentage is set out in column 2 of the following table opposite the month set out in column 1 of the following table in which he retired or became eligible for the superannuation allowance:

Column 1

Column 2

Month of Retirement

Percentage of Superannuation Adjustment payable

January

February

March

April

May

June

91.67%

83.33%

75%

66.67%

58.33%

50%

Interim superannuation adjustment.

33(3)

Where, on the first day of a month, a superannuation allowance is payable to a person who retired in that month in the preceding year, there shall be paid to that person commencing in the 13th month after the month in which he retired the percentage of the monthly superannuation adjustment that would have been payable to him under subsection (1) if he had retired or become eligible for the superannuation allowance before January 1 of the next preceding year which percentage is set out in column 2 of the following table opposite the month set out in column 1 of the following table in which he retired:

Column 1

Column 2

Month of Retirement

Percentage of Superannuation Adjustment payable

July

August

September

October

November

December

January

February

March

April

May

45.83%

41.67%

37.5%

33.33%

29.17%

25%

20.83%

16.67%

12.5%

8.33%

4.17%

Superannuation adjustment to beneficiary.

33(4)

Where an employee or a retired employee has died or dies and any benefits, other than a refund, are payable to any other person under this Act in respect of that employee or retired employee, if this

section would have applied to the deceased had he continued to live and had retired not later than the day of his death, the person to whom the benefits are payable shall be paid a monthly superannuation adjustment equal to 2/3 of the monthly superannuation adjustment that the deceased would have received had he continued to live, commencing

(

a) on the first day of the month following the date of the deceased's death; or

(

b) on the date on which the deceased would have commenced receiving the superannuation adjustment;

whichever is the later and ceasing on the date the benefits cease to be payable.

Calculation of benefit index.

33(5)

The actuary shall calculate a benefit index that is applicable to any year of retirement of an employee after 1941 and that is a monthly amount based on the amount obtained by multiplying

(

a) the percentage increase in the Consumer Price Index for Canada between December 31 in the year of retirement and December 31 immediately prior to July 1 on which a superannuation adjustment becomes payable under subsection (1);

(

b) the average monthly salary received by all the persons who made contributions to the fund and who were between 58 and 65 years of age on December 31 in that year of retirement;

and multiplying the product so obtained by 2%.

Approval of benefit index.

33(6)

A benefit index calculated under subsection (5) does not become effective until it is approved by the board.

Calculation of superannuation adjustment.

33(7)

Subject to subsection (8), the amount of the monthly superannuation adjustment payable to a person under subsection (1) in any year is the amount calculated for that person in accordance with the following formula:

Monthly superannuation adjustment = 1/2 (D x Y) + 1/2 (I x

A) In this formula

is the difference between the latest approved benefit index for the year in which the person retired and the approved benefit index used in determining his supplementary allowance or superannuation adjustment, if any, in the previous year;

is the lesser of his years of service, including any fractional year of service, or 35;

is the percentage increase in the Consumer Price Index for Canada on December 31 next preceding July 1 in the year in which payment is to be made under subsection (1) over the Consumer Price Index for Canada at December 31 in the next preceding year; and

is the monthly superannuation allowance that would be payable to him if calculated under

section 26 or 28 together with any supplementary allowance and any superannuation adjustment that is already being paid to him.

Actuarial reduction in adjustment.

33(8)

If, in the opinion of the actuary, payment in any year of the total superannuation adjustments provided for under this

section would result in an unfunded liability, as at December 31 of the preceding year, in the superannuation adjustment account established for the payment of the fund's share of such adjustments, the level of the Consumer Price Index for Canada at the end of the year in which the calculations under subsection (7) are based shall be deemed to be at such a level as will, in the opinion of the actuary, result in no unfunded liability in the superannuation adjustment account.

Adjustment after marriage break-up.

33(9)

Where, pursuant to subsection 31(2) of The Pension Benefits Act, the pension benefit credit of a person has been divided between the person and the spouse or former spouse of the person or the former common-law spouse of the person, and the person becomes eligible for a superannuation adjustment payable under subsection (1), for the purpose of the calculation required under subsection (7), the years of service of the person shall be the number of years calculated in accordance with the following formula:

Y = S-(SxV) A

In this formula

is the number of years of service, including parts of years expressed in decimals to three or four decimal places, of the person for the purposes of the calculation required under subsection (7);

is the number of years of service, including parts of years to three or four decimal places, of the person as an employee under this Act;

is the value as of the date of retirement of the person that the part of the person's pension benefit credit, which on division under subsection 31(2) of The Pension Benefits Act was transferred to or to the account of the person's spouse, former spouse or former common-law spouse, would have had if it had been transferred to a separate money purchase account and been left there accumulating interest until that date of retirement; and

is the commuted value, as of the date of retirement of the person, of a superannuation allowance calculated under subsection 26(1) with no reduction because of any optional pension selected or required under

section 29 or 30 or due to the division of the person's pension benefit credit but with any reduction calculated under

section 29 or 30.

Increase in deferred allowance.

The annual superannuation allowance or annuity granted to a person who, prior to retirement, had elected to leave his contributions in the fund and to have the provisions of this Act continue to apply to him or granted to another person by reason of his death shall, on his retirement or death, be increased by any percentage increases in the consumer price index for Canada, for the years after December 31 in the year in which he ceased to be an employee and ending on December 31 immediately preceding his retirement or death as the case may be, that are equivalent to the percentage increases for those years in the consumer price index for Canada, adjusted in accordance with subsection 33(8) in respect of any year in which the actuary adjusts the level of the consumer price index for Canada under that subsection, that are used in the calculation of supplementary allowances or superannuation adjustments paid to persons who have retired.

Period of war service counted as service.

35(1)

Where a person at any time before his enlistment or engagement as hereinafter mentioned was an employee and enlisted or was engaged in such capacity that he would be entitled to receive a preference under

section 14 of The Civil Service Act if he applied to be appointed or assigned to a position in the civil service of the province, and

(

a) in the case of enlistment or engagement during the First Great War, 1914 - 1918, again became an employee within two years after his discharge or release from the service in which he was enlisted or engaged; or

(

b) in the case of enlistment or engagement during the Second Great War or during the military operations undertaken by the United Nations to restore peace in the Republic of Korea, again became an employee

(

i) within two years after his discharge or release from the service in which he was enlisted or engaged, or

(ii) within one year after the cessation of any disability that, in the opinion of the board (which shall be conclusive in the matter) prevented him from performing the duties of an employee, and that resulted from, or was caused by, wounds or injuries received during his service as aforesaid or resulted from illness contracted by reason of that service, or

(iii) within one year after completion, to the satisfaction of the board, of a course of vocational, technical, educational, or other training which he began within one year after his discharge or release as aforesaid or the cessation of a disability mentioned in sub-clause (ii);

the period of his enlistment or engagement as mentioned in clause (

a) or (

b) shall be included in computing his years of service for the purposes of this Act.

First Great War Service.

35(2)

In addition to any other amounts required to be paid under this Act, the Minister of Finance shall pay from and out of the Consolidated Fund to the fund in respect of each month, a sum equal to 1/2 of the total amounts that the board has paid in respect of that month to provide increases in allowances, pensions and annuities in respect of any period of enlistment or engagement during the First Great War, 1914-1918, included under subsection (1) in computing the service of a retired employee or former employee for the purposes of this Act.

First Great War service.

35(3)

Where a person who was under the age of 80 years as of July 1, 1976, was enlisted or engaged in the First Great War, 1914-1918, and has made application under subsection (1) or (2) by reason of which a period of his enlistment or engagement is included in computing his service for the purposes of this Act, he shall receive the increase in pension.

Computation of length of service.

35(4)

In the case of a person who was an employee immediately before May 1, 1939, and who continues to be an employee at any time on or after May 1, 1939, the date from which the length of service of the employee shall be computed for the purposes of this Act is the date when the employee became a permanent employee.

Length of service of new employees.

35(5)

In the case of a person who was not an employee immediately before May 1, 1939, the date from which the length of service of the employee shall be computed for the purposes of this Act is the date when the employee made his first contribution to the fund.

Leave of absence before April 1, 1961.

35(6)

Where it occurred before April 1, 1961, any period of leave of absence without salary granted to an employee, or any period of suspension of an employee without pay shall be included in computing the length of service of the employee for the purposes of this Act.

After March 31, 1961.

35(7)

Where it occurs after March 31, 1961, any period of leave of absence without salary granted to an employee, except as provided in

section 21, or any period of suspension of an employee without pay shall not be included in computing the length of service of the employee for the purposes of this Act.

Employee transferred.

35(8)

Where an employee is transferred from one position in the civil service, including any extension of the meaning of the civil service under subsection 2(1), to another position in the service, the length of service of the employee shall be computed for the purposes of this Act as though the transfer had not been made.

Leave of absence.

35(9)

In any case to which

section 21 does not apply, if an employee is granted leave of absence with a portion of his salary payable either directly or indirectly by the government,

(

a) he shall be deemed to continue as an employee for the purposes of this Act and be liable to contribute to the fund during the period of his leave of absence but to be in receipt, during that period, however, of only the salary payable directly or indirectly by the government; and

(

b) in computing the length of service of the employee for the purposes of this Act

(

i) any such period of leave of absence that occurred before April 1, 1961, shall be included as full service; and

(ii) only that portion of any such period of leave of absence that occurs after March 31, 1961, shall be included which bears the same proportion to the full period as the portion of his salary of which he is in receipt during the leave of absence bears to his full salary.

Disability allowance and early retirement.

35(10)

Where, immediately before he becomes an employee under this Act, a person was employed for a period

(

a) by a corporation or other organization the business, undertaking, or operations of which, or that part of that business, undertaking, or operations in connection with which he was employed, have been acquired, assumed, or taken over by the government; or

(

b) by the government or by an agency of the government in such a capacity or manner that he was not an employee under this Act; or

(

c) consecutively by

(

i) the government and any one or more of the corporations, organizations, or agencies to which clauses (

a) and (

b) apply; or

(ii) any two or more of those corporations, organizations, or agencies;

in order to determine the length of his service for the purposes of

section 31, or subsection 42(1), (2), (6) or (10) or

section 46 or 60, the period during which he was employed as mentioned in clause (a), (b), or (

c) shall be included in his period of service as an employee.

Corporations included.

35(11)

Without restricting the generality of subsection (10)

(

a) the corporations or other organizations to which reference is made therein include Manitoba Hospital Service Association, Manitoba Medical Service, Winnipeg Electric Company, and The Metropolitan Planning Commission; and

(

b) the persons to whom that subsection applies include any person who, having been employed in connection with the work of full-time health districts under The Public Health Act, subsequently becomes or became employed under the government, and his period of service in connection with a full-time health district is the period of service to which subsection (10) relates.

Accrued vacations on retirement.

35(12)

Where a person ceases to be an employee or retires and is entitled to payment of an amount in respect of accrued vacations, his service shall not include the period of the accrued vacations in respect of which the payment is made and the person's salary shall not include more than two years vacation accrued up to a maximum of 50 vacation days.

Continuity of service after May 1, 1939.

36(1)

Subject to

section 20, subsection 31(10) and (11), where an employee on or after May 1, 1939, voluntarily or otherwise leaves the civil service and subsequently re-enters it he shall be treated on his re-entry as a new employee and no former service shall be considered in computing the length of service of the employee for the purposes of this Act.

Continuity of service before May 1, 1939.

36(2)

Subject to subsection 35(1), where an employee before May 1, 1939, voluntarily or otherwise left the civil service and re-entered it he shall be treated as a new employee from the date of re-entry only and no former service shall be considered in computing the length of service of the employee for the purposes of this Act.

Meaning of "employee of the government".

37(1)

In this

section the expression "employee of the government" includes the members, officers, and employees of The Milk Control Board of Manitoba, the officers and employees of the Manitoba Milk Producers Marketing Board and the employees of the board and of The Teachers' Retirement Allowances Fund Board, but does not include the members, officers, or employees of any other agency of the government.

Augmented allowance.

37(2)

Subject as hereinafter in this

section provided, where an employee of the government has been, before April 1, 1958, in the actual employment of the government, or of an agency of the government, during any period or periods before the date on which, as established in the records of the board, his service as an employee began, and at least part of which period or periods was before May 1, 1939, if

(

a) during that period or those periods, or any part thereof, he was a person employed full time; and

(

b) he makes application to the board for an augmented superannuation allowance;

the board shall, on the making of an order in council as provided in subsection (10), pay to the employee on his retirement in accordance with this Act, an augmented superannuation allowance determined as provided in subsection (11).

Where application deemed to be made.

37(3)

Where an employee who is eligible to make an application under subsection (2) is prevented from doing so by reason of his ill health or death, if another person makes an application under subsection (2) on his behalf, that application shall be deemed to have been made by the employee.

Contents of application.

37(4)

An application under subsection (2) or (3)

(

a) shall be in such form, and contain such information, as the board may require; and

(

b) subject to subsection (6), may be accompanied by an amount equal to the present value, as actuarially determined, at the date the application is made, of that portion of the augmented superannuation allowance for which he has applied that arises from the contributions to the fund that the applicant would have been required to make under

section 17, had he been an employee, during any part of the additional length of service in which he was employed as mentioned in clause (2)(

a) and that was subsequent to April 30, 1939.

Smaller allowance.

37(5)

An applicant may, in an application made under subsection (2) or (3) request that the Lieutenant Governor in Council determine for him, under this section, an augmented superannuation allowance smaller than that to which under subsections (10) and (11) he would be entitled to receive and the amount of which is stated in the application.

Payment in instalments.

37(6)

In lieu of paying in one sum the amount to which reference is made in clause (4)(b), an applicant may pay it in monthly instalments of such amounts as may be fixed by the board and will, before the applicant reaches the age of 65 years, satisfy the full amount payable, together with interest on the portion thereof remaining unpaid from time to time at 4% per annum; and, if the applicant desires to pay in instalments as provided in this subsection, the application shall be accompanied by the first instalment.

Forwarding of application.

37(7)

On receipt of an application under subsection (2) or (3) accompanied as provided in subsection (4) or in subsection (6), the board shall forward it to the Minister of Finance accompanied by its report thereon; and the Minister of Finance shall lay the application and the report before a committee of the Executive Council.

Disposal of application.

37(8)

If, upon considering the application and the accompanying material and obtaining such further or other evidence, information, or reports from the board, The Civil Service Commission, and otherwise as it may see fit, a committee of the Executive Council

(

a) is satisfied that the applicant has established the length of the period or periods during which he was employed as mentioned in clause (2)(

a) and the amount of his salary earnings during that period; and

(

b) approves the application in writing, either as submitted or with such changes as it may, in its absolute discretion, deem advisable;

the committee of the Executive Council may in its absolute discretion, cause the application as so approved to be laid before the Lieutenant Governor in Council.

Allowance for certain earnings and service.

37(9)

In ascertaining the earnings and length of service of an applicant under subsection (7), the committee of the Executive Council

(

a) if he has made a remittance as authorized in clause (4)(

b) or in subsection (6), shall deem him to have been an employee during the period of additional service to which reference is made in clause (4)(b), and shall credit him with his full earnings and the whole of his service for that period; and

(

b) if he has made no such remittance, shall deem him to have been an employee during one-half of the period of additional service to which reference is made in clause (4)(b), and shall credit him with his full earnings and one-half of his service for that period.

Action of L. G. in C. thereon.

37(10)

On receipt from a committee of the Executive Council of an application approved under subsection (8), the Lieutenant Governor in Council, in order to give effect to this

section may, by order in council,

(

a) fix in respect of the applicant the length of his service during the period or periods to which reference is made in subsection (1) and the amount of his salary earnings during those periods; and

(

b) direct the board to pay to the applicant an augmented superannuation allowance computed as provided in subsection (11);

and, on the making of the order, the matters fixed as provided in clause (

a) shall be conclusively deemed to be established for the purposes of this Act.

Determination of allowance.

37(11)

The augmented superannuation allowance payable pursuant to an order made under subsection (10) shall be an amount equivalent to

(

a) the superannuation allowance he would receive under this Act if the order in council under subsection (10) had not been passed;

increased by

(

b) such amount as may be required to make the total augmented superannuation allowance equal to the amount that would be payable to him if his length of service and salary earnings were increased by the period or periods and amounts respectively, fixed under clause (10)(a);

or such lesser amount as the applicant may request under subsection (5); and the board shall pay the augmented superannuation allowance as so determined.

Reimbursement of fund.

37(12)

From and out of the Consolidated Fund, the Minister of Finance shall pay to the board in respect of each month a sum equal to the total of the amounts that the board has paid in respect of that month under subsection (11) to provide for the increases in the annual superannuation allowances of employees who have retired and that are required by reason of clause (11)(b); and the sums so payable are a permanent and direct charge on the Consolidated Fund and, notwithstanding any provision of The Financial Administration Act, those sums may be paid although no annual appropriation for the purpose is made by the Legislature.

Payments by agencies.

37(13)

Each agency of the government, shall pay to the fund, on or before the last day of each month, in respect of persons who have retired from the agency of the government, a sum equal to the total of the amounts the board has paid in respect of service included while the employee was employed by that agency of the government prior to May 1, 1939, under subsection 63(2), to provide for the increases under subsection 63(2) in the annual superannuation allowances and supplementary allowances of employees who have retired.

Limitation on allowances.

38(1)

Notwithstanding anything herein, the superannuation allowance granted to an employee shall in no case be less than $360. per annum, but that minimum amount does not apply

(

a) where the employee who was an employee immediately before May 1, 1939, and who continues to be an employee at any time on or after May 1, 1939, has had a length of service of less than 20 years;

(

b) where the employee who was not an employee immediately before May 1, 1939, and who becomes an employee on or after May 1, 1939, has had a length of service of less than 25 years;

(

c) where subsections 31(11), (12), and (13) or

section 32, applies;

(

d) where the superannuation allowance is paid to a transferred employee pursuant to

section 52.

Limitation on allowance.

38(2)

The annual superannuation allowance granted to an employee under

section 25 shall not exceed 70% of his average annual salary used in that part of the calculation of his allowance made under clause 26(l)(a).

Workers Compensation Act.

39(1)

Subject to subsection (2), where an employee, who is otherwise entitled to receive a superannuation allowance under this Act because of being retired from the service on account of total and permanent disability, is also entitled to compensation under or in accordance with The Workers Compensation Act, he shall not receive the allowance under this Act.

Alternative privileges.

39(2)

An employee to whom subsection (1) applies shall elect, at the time of his retirement from the service, either

(

a) to be paid from the fund a sum equal to the amount of the contributions made by him to the fund, without interest; or

(

b) to receive an annual superannuation allowance equal to one-half of the annual superannuation allowance, computed in accordance with

section 26, that he would have received if he had not been totally and permanently disabled.

Payment of benefits under subsection (2).

39(3)

An employee to whom subsection (1) applies shall be paid from the fund the sum mentioned in clause (2)(

a) or the superannuation allowance mentioned in clause (2)(

b) according to his election; and, if he elects to receive an allowance as mentioned in clause (2)(b),

(

a) he shall begin to receive the allowance at the time, fixed under

section 59, when he would have received a superannuation allowance if he had not been totally and permanently disabled; and

(

b) he shall, from the time he so elects, and for the purposes of

section 41 only, be deemed to be a person to whom a superannuation allowance has been granted.

Election re. temp. total disability.

39(4)

Where, under The Workers Compensation Act, an employee is awarded compensation for a temporary total disability caused by an accident arising out of and in the course of his employment as an employee, he may, within two months after the date that the award is made under that Act by notice in writing to the board, elect to continue as a contributor during the period he is receiving the compensation for the temporary total disability.

Contributions required.

39(5)

Where an employee makes an election under subsection (4), he shall, during the period he is receiving the compensation for the temporary total disability, contribute to the fund on the basis of the salary he would be entitled to receive from time to time had he continued to be employed in the position he had at the time of the accident causing the disability and, if at that time, he was a person deemed to be an employee under subsection 6(3), his employer at that time shall continue to make contributions during that period as required under subsection 6(5) on the basis of that salary as though the employee continued to be an employee of that employer during that period.

Late election under Workers Compensation.

39(6)

Where, under The Workers Compensation Act, an employee is awarded compensation for a temporary total disability caused by an accident arising out of and in the course of his employment as an employee, he may at any time before the expiration of 18 months after the end of the period in respect of which the compensation is paid apply to the board to have the whole or a part of that period included in computing his service for the purposes of this Act.

Where application to be granted.

39(7)

Where the board receives an application under subsection (6), it shall grant the application if

(

a) at the time the application is made the applicant is still receiving compensation for the temporary total disability or has returned to his employment and is an employee or has retired under this Act and is receiving an allowance other than a disability allowance under this Act; and

(

b) the applicant agrees in writing to pay to the fund by lump sum or by instalment an amount equal to 14% of the annual salary rate as at the date of making the application for each year and each part of a year of the period which he applied to have included in computing his service plus interest in accordance with subsection 63(8).

Annual salary rate while on compensation.

39(8)

For the purpose of clause (7)(b), where an applicant makes an application under subsection (6) while he is receiving compensation under The Workers Compensation Act, his annual salary rate as at the date of making the application is his annual salary rate immediately preceding the date of commencement of the disability in respect of which the compensation is paid.

Computation of service.

39(9)

Where an employee makes an election under subsection (4) or an application of an employee under subsection (6) is granted, the period during which he receives compensation for the temporary total disability under The Workers Compensation Act, or that part of the period to which his application refers, shall be included in computing his service for the purposes of this Act.

Payment of allowances.

40(1)

The annual superannuation allowances payable under this Act shall be paid in equal monthly instalments commencing on the last day of the month following the date of retirement.

Payment including month of death.

40(2)

Where a person entitled to an annual superannuation allowance dies, the monthly instalment payable for the month in which death occurred shall be paid to the person hereinafter specified.

Payment less frequently than monthly.

40(3)

Where the instalment of the annual superannuation allowance payable to any person in any month is $10. or less the board, on the request of the person entitled thereto may pay the annual superannuation allowance in quarterly, semi-annual, or annual instalments as requested.

Repayment.

Notwithstanding any other provision of this Act, where an employee, or a retired employee to whom an annual superannuation allowance or annuity has been granted, or any other person to whom, after the death of the employee or the retired employee, an allowance or annuity becomes payable or the superannuation allowance or annuity continues to be payable, dies, or where the eligible survivor of a deceased employee ceased to be an eligible survivor, before the aggregate of the instalments of the superannuation allowance or annuity that have been paid, including any increased amounts payable under clauses 29(3)(

a) and (b), and the supplementary allowance payable under

section 32, are equal to the total of

(

a) the contributions of the retired or deceased employee to the fund;

(

b) the interest on those contributions made for service before January 1, 1984, at the rate of 3% per year compounded yearly and computed in respect of the period between the date on which the employee made to the fund the contributions to be refunded and the date on which he retired or died;

(

c) the interest on those contributions made for service after December 31, 1983 credited thereon under subsection 42(22) up to the date on which he retired or died; and

(

d) any amounts paid to the fund under

section 63, other than

(

i) amounts credited to a postponed pension account, or

(ii) accrued interest, where an employee chose to pay the amount required in instalment payments;

the board shall pay out of the fund in the manner and to the persons specified in

section 50 a sum equal to the remaining portion of that total.

Refund with more than five years service.

42(1)

Where an employee dies before retiring and has five or more years of service but is not survived by a spouse or an eligible survivor, the board shall pay in the manner and to the person specified in

section 50,

(

a) the amount of contributions made by the employee to the fund for service before January 1, 1984, with interest thereon at the rate of 3% per year compounded yearly and computed for the period between the date on which the contribution to be refunded was made and the date the employee died;

(

b) the amount of contributions made by the employee to the fund for service after December 31, 1983 and before January 1, 1985 with interest credited thereon under subsection (21); and

(

c) the amount of the commuted value, as at the date the employee died, of the deferred life annuity to which he would have been entitled under subsection (8) in respect of service after December 31, 1984, if he had not died but had ceased to be an employee on the date of his death, or the accumulated contributions plus interest, whichever is the greater.

Refund if survivors.

42(2)

Where an employee dies before retiring and has five or more years of service but less than 10 years of service and is survived by a spouse or an eligible survivor, the board shall

(

a) pay, in the manner and to the persons specified in

section 50,

(

i) the amount of contributions made by the employee to the fund for service before January 1, 1984, with interest thereon at the rate of 3% per year compounded yearly and computed for the period between the date on which the contribution to be refunded was made and the date the employee died, and

(ii) the amount of contributions made by the employee to the fund for service after December 31, 1983, and before January 1, 1985, with interest credited thereon under subsection (21);

(

b) if the employee is survived by a spouse, pay an annuity for life to the surviving spouse the value of which, as of the date of death of the employee, is equal to the commuted value as of the date of death of the employee of the deferred life annuity to which he would have been entitled under subsection (8) in respect of service after December 31, 1984, if he had not died but had ceased to be an employee on the date of his death or the accumulated contributions plus interest, whichever is the greater; and

(

c) if the employee is not survived by a spouse but is survived by one or more eligible survivors, pay to each eligible survivor for as long as he remains an eligible survivor as defined in subsection 1(1), but not exceeding 120 months, equal annuities the aggregate value of which as of the date of death of the employee is, in the opinion of the actuary, equal to the commuted value, as at the date of death of the employee, of the deferred life annuity to which the employee would have been entitled under subsection (8) in respect of service after December 31, 1984, if he had not died but had ceased to be an employee on the date of his death or the accumulated contributions plus interest, whichever is the greater.

Refund with less than five years service.

42(3)

Where an employee dies before retiring and has less than five years of service the board shall pay in the manner and to the persons specified in

section 50,

(

a) the amount of contributions made by the employee to the fund for service before January 1, 1984, with interest thereon at the rate of 3% per year compounded yearly and computed for the period between the date on which the employee made to the fund the contribution to be refunded and the date on which the employee died; and

(

b) the amount to the credit of the account of the employee in respect of contributions made by the employee to the fund for service after December 31, 1983 including interest credited thereto under subsection (8).

Payment to eligible survivors.

42(4)

Notwithstanding clause (3)(

b) where the annuity is paid to a surviving spouse for life if

(

a) the surviving spouse dies before the annuity is paid to the spouse for 120 months; and

(

b) at the date of the death of the spouse there are one or more eligible survivors of the employee;

the annuity shall continue to be paid to each eligible survivor within the meaning of subsection 1(1) for the balance of the 120 months.

Refund on ceasing to be an employee.

42(5)

Where an employee ceases to be an employee after June 30, 1970, and before he reaches the normal retirement age, if he has had less than five years of service, and is not granted a superannuation allowance under

section 28, he shall be paid out of the fund a sum equal to the amount of the contributions paid by the employee to the fund with any accruals.

Certain contributions not refundable.

42(6)

Notwithstanding any other provision of this Act, where an employee

(

a) ceases to be an employee after June 30, 1977;

(

b) has accumulated 10 years of continuous servi