Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 25

AN ACT TO

AMEND THE OTHER POST-EMPLOYMENT BENEFITS ELIGIBILITY MODIFICATION ACT

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

TOM OSBORNE

Minister of Finance and

President of Treasury Board

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Other Post-Employment Benefits Eligibility

Modification Act to prescribe

the eligibility requirements to

qualify for other post-employment benefits for non-represented public sector

employees hired on or after June 1, 2018; and

the percentage of premiums a

non-represented public sector employee hired on or after June 1, 2018 who

qualifies for other post-employment benefits is required to pay upon

retirement.

A BILL

AN ACT TO AMEND THE OTHER POST-EMPLOYMENT

BENEFITS ELIGIBILITY MODIFICATION ACT

Analysis

S.2 Amdt.

Interpretation

S.3 Amdt.

Rights and eligibility extinguished

S.6.1 Added

Non-represented

public sector employees

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2014 cO-9

1. (1) Subsection 2(1) of the Other Post-Employment Benefits Eligibility Modification Act is

amended by renumbering paragraph (

a) as paragraph (a.1) and adding immediately

before that paragraph the following:

(a) "employee" means

(

i) a non-represented public sector employee, and

(ii) a represented public sector employee;

(2) Subsection 2(1) of the Act is amended by

adding immediately after paragraph (a.1) the following:

(a.2) "non-represented public sector

employee" means a person employed with the government or a participating employer

who is not a represented public sector employee;

(3) Subsection 2(1) of the Act is amended by deleting

the word "and" at the end of paragraph (

c) and by adding immediately

after that paragraph the following:

(c.1) "represented public sector employee"

means a person employed with the government or a participating employer in a

position represented by a bargaining agent certified

or recognized under

an Act of the province; and

2. Subsection 3(2) of the Act is repealed and the

following substituted:

(2) Nothing in this

section precludes the

government or a participating employer from establishing

an act or practice or

entering into a contract or collective agreement respecting OPEB eligibility during

the period after the coming into force of this Act and before June 1, 2018.

(3) Nothing in this

section precludes the government

or a participating employer from entering into a collective agreement with

represented public sector employees respecting OPEB eligibility on or after

June 1, 2018.

3. The Act is amended by adding immediately after

section 6 the following:

Non-represented

public sector employees

6.1

(1) Notwithstanding

an act or practice established under subsection 3(2) or a contract entered into

in accordance with subsection 3(2), a non-represented public sector employee

who commences employment with the government or a participating employer on or

after June 1, 2018 shall qualify for OPEB where he or she

(

a) is eligible for a pension;

(

b) has a minimum of 15 years of pensionable

service at the date of his or her retirement; and

(

c) retires and commences receipt of his or her

pension immediately on ceasing employment with the government or a participating

employer.

(2) A non-represented public sector employee who

qualifies for OPEB under subsection (1) shall, upon retirement, pay

(a) 85% of the required premiums for OPEB where he

or she has 15 to 19 years of pensionable service at the date of his or her retirement;

(b) 70% of the required premiums for OPEB where he

or she has 20 to 24 years of pensionable service at the date of his or her retirement;

(c) 55% of the required premiums for OPEB where he

or she has 25 to 29 years of pensionable service at the date of his or her retirement;

and

(d) 50% of the required premiums for OPEB where he

or she has 30 or more years of pensionable service at the date of his or her retirement.

(3) The government or a participating employer

shall pay that portion of the required premiums for OPEB not required to be

paid by a non-represented public sector employee under subsection (2).

Queen's Printer