these regulations (N.S. Reg. 88/1999) (just regulations regs tplanreg.htm)

N.S. Reg. 88/1999

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

Teachers’ Pension Plan Regulations

made under Sections 14 and 20 of the

Teachers’ Pension Act

S.N.S. 1998, c. 26

N.S. Reg. 88/1999 (effective March 31, 1999)

amended to N.S. Reg. 142/2025 (effective August 1, 2025)

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

Click here to go to the text of the regulations .

Part I -

Interpretation

Definitions

Part II - Participation in the Plan

Eligibility for membership

Credit for pensionable service

Part III - Contributions

Contribution rates

General

Part IV - Retirement Eligibility

Normal retirement

Postponed retirement

Retirement Eligibility Criteria

Unreduced service pension

Reduced service pension

Part V - Service Pensions

General

Pension calculation

Maximum service pension

Part VI - Disability Pensions

Partial disability pension

Total disability pension

Calculation of disability pension

Rules and procedures

Part VII - Survivor Pensions and other Death Benefits

General

Calculation of survivor pension

Death of a member not vested

Death of a Vested Member or a Pensioner

Survivor pension to a spouse

Survivor pension to children

Survivor pension to dependants

If no person entitled to survivor pension

Election of options prior to retirement date

Actuarial values

Benefits payable pursuant to an election

Revocation of election

Marriage breakdown

Non-application of

Section

Interpretation

Effective date

Part VIII - Deferred Pensions, Transfers and Refunds

General

Minimum deferred pension

Deferred pension option

Portability options–refunds and transfers

Refunds

Transfers

Part IX - Benefits and Payments

Commencement of pensions

Integration with the Canada Pension Plan

Definitions for Sections 27 to 27C

Indexing of pensions with an effective date before August 1, 2006

Indexing of pensions with an effective date on or after August 1, 2006

Contributions to the Fund if actuarial deficit of more than 10%

Payments by the Plan if actuarial surplus

Determination of commuted value

Calculation of interest

Cash payment of small pensions

Part X - Purchase of Pensionable Service

Eligible purchases

Reciprocal transfer agreements

Public Service Superannuation Plan

Part XI - General

Information to members

Assignment, surrender, and commutation

Proof requirements

Payments to pensioners incapable of managing their own affairs

Reduced life expectancy

Records requirements

Pension entitlement upon a marriage breakdown

Amendment to avoid revocation of registration

Appendix 1— Rates of Adjustments for Inflationto Pensions in Payment Prior to January 1,

Schedule “B”—

Schedule of Special Quarterly Payments Payable to the Fund by the Province

Commencing November 1, 1993 and Ending August 1, 2003

Part I -

Interpretation

(1) These regulations may be cited as the Teachers’ Pension Plan Regulations .

(2) The purpose of the Teachers’ Pension Plan is to provide eligible members with a

service pension on retirement or a disability pension, and to provide a survivor

pension to eligible survivors on the death of a member or pensioner who was a

former member, in accordance with the regulations of the Plan.

(3) The Plan was established effective August 1, 1949, and has been amended from

time to time.

(4) Regulations that specify compliance with the Income Tax Act (Canada) are

effective January 1, 1992.

(5) Benefits payable to members who retired, terminated employment, or died, prior to

the passage of these regulations shall be based on the Plan in place at the time of

the event unless the regulations provide otherwise.

Definitions

(1) Words conveying the masculine include the feminine and words conveying the

singular include the plural, and vice-versa, as the context requires.

(2) In these regulations,

“absent from duty” means, with respect to a teacher, that the teacher is not

performing any duties for, nor being paid by, a participating employer, for a period

commencing immediately after either

(

i) a continuous period of at least 150 days in a school year and the

previous school year combined during which the teacher was

performing duties for, and being paid by, a participating employer, or

(ii) a leave of absence pursuant to subsection 31(1);

“actuarial equivalent” means an actuarially equal value computed at the rate of

interest and using actuarial tables recommended by the actuary for purposes of the

Plan, but the calculation of an actuarial equivalent value shall not differentiate on

the basis of gender;

“actuarial assumptions and methods” means the assumptions and methods adopted

by the Minister and the Union for the purpose of computing an actuarial value;

“actuarial deficit” means the amount by which the actuarial liabilities exceed the

assets of the Fund as stated on a going-concern basis in the Actuarial Valuation

Report, excluding any future payments to the Fund under subsection 27C(1);

“actuarial liabilities” mean the liabilities of the Plan calculated by the actuary in

accordance with the actuarial assumptions and methods;

“actuarial surplus” means the amount by which the assets of the Fund exceed the

actuarial liabilities as stated on a going-concern basis in the Actuarial Valuation

Report, excluding any future payments from the Fund under subsection 27C(2);

“Actuarial Valuation Report” means the annual report by the actuary on the

actuarial valuation of the Plan for funding purposes;

“actuarial value” means a value computed in accordance with the actuarial

assumptions and methods;

“actuary” means the actuary of the Plan appointed by the Trustee;

“Administrator” means the provider of administrative and investment services for

the Plan appointed in accordance with subsection 11(2) of the Act;

“Canada Pension Plan” means the pension plan that is established under the

Canada Pension Plan Act (Canada) or the Quebec Pension Plan of the Province of

Quebec;

“child,” unless the context otherwise requires, means a person who is the natural or

adopted child of a member, or the natural or adopted child of a pensioner who is a

former member, or who is a person to whom a deceased member, or a deceased

pensioner who was a former member, stood in loco parentis at the time of the

death of the member or the pensioner who was a former member;

“commuted value” means the amount of a lump sum actuarial equivalent of a

deferred pension as determined in

Section 28;

“deferred pension” means a service pension, payment of which is deferred until the

first date that the member becomes eligible for commencement of a service

pension pursuant to

Part IV;

“dependant” means the father, mother, grandfather, grandmother, brother or sister,

or child or grandchild of any age, of a member who, at the date of the death of the

member, or the pensioner who was a former member, is dependent on the member

or the pensioner for support due to a mental or physical disability;

“disability pension” means a monthly pension payable or paid under the Plan

pursuant to

Part VI;

“employed” means engaged by a participating employer in a teaching, supervisory,

or other professional capacity relating to education;

“fiscal year” means the 12-month period beginning on January 1 and ending on

December 31 of the same year;

“former member” means a person who has terminated employment with a

participating employer and who has ceased participation and membership in the

Plan;

“Fund” means the Nova Scotia Teachers’ Pension Fund established by the

Teachers’ Pension Act ;

“Governor in Council” means the Lieutenant Governor acting by and with the

advice of the Executive Council of the Province;

“ Income Tax Act (Canada)” means the Income Tax Act , R.S.C., 1995, c. 1 (5th

supp.) and regulations;

“indexing” means an adjustment to the amount of a pension being paid under the

Plan in relation to increases in the cost of living;

“layoff” means that period during which a teacher, who has a permanent contract

or a probationary contract as defined by the Education Act, and who is a member

of the Plan, has been discharged for reasons other than just cause and shall include

the period up to the date the member is re-employed by a participating employer;

“leave of absence” means a period during which the member is absent from duty

that is approved by the participating employer and includes periods of maternity

leave;

“long-term disability plan” means a long-term disability plan to which a

participating employer contributes;

“medical consultant” means a medical doctor licensed to practice in Canada who is

retained by the Plan administrator to provide medical advice on disability pensions;

“member” means a person who is required to participate in the Plan pursuant to

Section 3 and includes a person who has pensionable service in the Plan for which

the person has neither received a refund of contributions nor is receiving a service

pension under the Plan;

“Minister” means the Minister of Finance and Treasury Board;

“normal retirement date” means the last day of the month in which the member

attains age 65 or, if the member so elects, the end of the school year in which the

member attains age 65;

“participating employer” means any of:

(

i) an education entity as defined in the Education Act ,

(ii) Atlantic Provinces Special Education Authority,

(iii) Nova Scotia Community College,

(iv) [repealed]

(

v) Nova Scotia Teachers’ Union, and

(vi) Canadian Teachers’ Federation;

“pension” means any monthly pension paid or payable under the Plan;

“Pension Benefits Act” means the Pension Benefits Act and regulations;

“pension fund” has the same meaning as Fund;

“Pension Plan” means the Teachers’ Pension Plan set out herein;

“pensionable earnings” means all money paid by a participating employer to a

member as remuneration but shall not include any additional payments received by

the member for:

(

i) teaching in evening classes,

(ii) teaching or supervision of teaching in summer schools conducted by

participating employers,

(iii) instructing cadets,

(iv) teaching driver education,

(

v) a travel-related allowance,

(vi) attending meetings, or

(vii) fees, bonuses, or payments for overtime, unused sick leave, or long

service awards, or extra allowances or gratuities;

“pensionable service” means the period or periods in respect of a member for

which contributions have been made to the Fund, and shall include any periods

established by the Plan as pensionable service, subject to the regulations of the

Income Tax Act (Canada);

“pensioner” means a person receiving any pension from the Plan;

“period of reduced service” means a continuous period in respect of a member for

which the member is in receipt of pensionable earnings in each school year in the

period in an amount less than the pensionable earnings which the member received

in the school year immediately prior to the period and during which the member

was employed for a lesser number of days in each school year in the period than in

the school year immediately prior to the period;

“permanent contract” has the same meaning as set out in clause 3(

r) of the

Education Act ;

“Plan administrator” means the Minister or a person appointed Plan administrator

in accordance with subsection 11(2) of the Act;

“Plan” has the same meaning as “Pension Plan”;

“Province” means Her Majesty the Queen in right of the Province of Nova Scotia;

“school year” means the period beginning on August 1 in a year and ending on

July 31 of the following year;

“service pension” means a monthly pension paid or payable under the Plan

pursuant to

Part V;

“spouse” means either of two persons who

(

i) are married to each other,

(ii) are married to each other by a marriage that is voidable and has not

been annulled by a declaration of nullity,

(iii) have gone through a form of marriage with each other, in good faith,

that is void and are cohabiting or, if they have ceased to cohabit, have

cohabited within the year immediately preceding the date of

entitlement,

(iiia) are domestic partners within the meaning of

Section 52 of the Vital

Statistics Act , or

(iv) are neither married to each other nor to another person and have

cohabited in a conjugal relationship for three consecutive years

immediately preceding the relevant time and are cohabiting in a

conjugal relationship at the relevant time;

“substitute teacher” is a teacher or other qualified person engaged on a day-to-day

basis to take the place of a person regularly employed as a teacher by an education

entity;

“survivor pension” means a monthly pension payable or paid from the Plan to an

eligible spouse, child, or dependant on the death of a member or on the death of a

pensioner who was a former member;

“teacher” has the same meaning as set out in subclause 3(zf)(

i) of the Education

Act ;

“Trustee” means, effective April 1, 2006, the Teachers’ Pension Plan Trustee Inc.,

a corporation appointed by the Minister under subsection 6(3) of the Act;

“Teachers’ Pension Board” means the Teachers’ Pension Board established under

an agreement concerning the Pension Plan and the Fund dated June 22, 2005,

between the Province and the Union, and continued under an agreement

concerning the Pension Plan and the Fund dated July 2, 2014, between the

Province and the Union;

“Union” means the Nova Scotia Teachers’ Union;

“vested” means entitlement to a service pension based on the attainment of

(i) 10 years of pensionable service, for employment before January 1,

1988, or

(ii) 2 years of pensionable service, any part of which was for

employment on and after January 1, 1988;

“Y.M.P.E.” means the Year’s Maximum Pensionable Earnings as defined by the

Canada Pension Plan Act .

Part II - Participation in the Plan

Eligibility for membership

(1) A person who is a teacher as defined in subclause 3(zf)(

i) of the Education Act

(

a) who is employed as defined in subclause 3(zf)(ii) of the Education Act ; or

(

b) who is employed by a participating employer,

shall be a member of, and contribute to, the Plan.

(2) Despite subsection (1), a person receiving a service pension under the Plan who

becomes re-employed by a participating employer and teaches less than 70 days in

a school year shall not be a member of the Plan.

(2A) Despite subsection (2), a person receiving a service pension under the Plan who

becomes re-employed by a participating employer and teaches less than 120 days

as a substitute teacher in one school year between August 1, 2025, and July 31,

2026, shall not be a member of the Plan.

(2B) When determining if a person referred to in subsection (2A) teaches less than 120

days as a substitute teacher in one school year between August 1, 2025, and July

31, 2026, re-employment pursuant to subsection (2) must be combined with

re-employment as a substitute teacher pursuant to subsection (2A).

(3) Despite clause (1)(b), a person who is employed in a teaching capacity by the

Atlantic Provinces Special Education Authority who holds a teacher’s license

issued by the Province of New Brunswick and who requests an exemption from

the Plan by notice in writing to the Plan administrator, shall be exempted from

participation in the Plan.

(4) A person

(

a) who becomes an employee of the Nova Scotia Community College in either

the Faculty bargaining unit or the Professional Support bargaining unit after

July 31, 1998; or

(

b) who elected to remain in or to join the Teachers’ Pension Plan pursuant to

clauses 95(1)(

b) and (

c) of the Community Colleges Act ,

shall be a member of, and contribute to, the Plan.

Credit for pensionable service

(1) A member shall be credited with the appropriate amount of pensionable service for

each day or part day for which the member was employed and paid by a

participating employer and for which the contributions required by the Plan were

made.

(2) Despite subsection (1), no member shall accrue pensionable service of a period

greater than 35 years.

(2A) Notwithstanding subsection (1), a member who commences a period of reduced

service in any school year commencing on or after August 1, 2000, shall be

credited with an amount of pensionable service for each year in the period of

reduced service, equal to the amount of pensionable service with which the teacher

was credited in the school year immediately prior to the period of reduced service,

provided that

(

a) during the period of reduced service, the member makes the contributions

which would otherwise be required to be made if the member were

employed on the same basis as they were employed in the school year

immediately prior to the period of reduced service;

(

b) for school years commencing on or after August 1, 2008, the member

teaches at least 40% of the school year; and

(

c) the period or periods of reduced service do not apply to more than two

school years during the member’s lifetime, unless all of the service is prior

to August 1, 2008.

(d) [repealed]

(3) Subject to the Income Tax Act (Canada), a member may be credited with

pensionable service on purchase of pensionable service pursuant to Sections 31,

32, and 33 or on transfer of pensionable service from another pension plan under

the terms of a reciprocal transfer agreement pursuant to

Section 34.

(4) (

a) In computing the number of years for which a member was employed, a

school year in which the member was employed for, or for which the

member purchases, 195 days shall count as one school year.

(

b) Despite clause (a), a member who was employed for a number of days or

part days totalling 175 or more in a school year shall receive credit for one

school year.

(5) Despite the provisions of this Section, no person shall receive credit for

pensionable service under the Plan if the person is credited with pensionable

service for the same period under any other registered pension plan.

Part III - Contributions

Contribution rates

(1) Every employed member shall contribute to the Fund the sum of

(a) 8.3% of the portion of the member’s annual pensionable earnings that are

equal to or less than the Y.M.P.E.; and

(b) 9.9% of the portion of the member’s annual pensionable earnings that are in

excess of the Y.M.P.E.

(2) Despite subsection 5(1), effective August 1, 2014, every employed member shall

contribute to the Fund the sum of

(a) 9.3% of the portion of the member’s annual pensionable earnings that are

equal to or less than the Y.M.P.E.; and

(b) 10.9% of the portion of the member’s annual pensionable earnings that are

in excess of the Y.M.P.E.

(2A) Despite subsections 5(1) and 5(2), effective August 1, 2015, every employed

member shall contribute to the Fund the sum of

(a) 10.3% of the portion of the member’s annual pensionable earnings that are

equal to or less than the Y.M.P.E.; and

(b) 11.9% of the portion of the member’s annual pensionable earnings that are

in excess of the Y.M.P.E.

(2B) Despite subsections 5(1), 5(2) and 5(2A), effective August 1, 2016, every

employed member shall contribute to the Fund the sum of

(a) 11.3% of the portion of the member’s annual pensionable earnings that are

equal to or less than the Y.M.P.E.; and

(b) 12.9% of the portion of the member’s annual pensionable earnings that are

in excess of the Y.M.P.E.

(2C) A member who commences receiving benefits under a long-term disability plan on

or after August 1, 2014 shall contribute to the Fund and accumulate pensionable

service on the same basis as an employed member who is in receipt of pensionable

earnings from a participating employer.

(2D) A member who is contributing to the Fund under subsection (2C) shall make

contributions based on the pensionable earnings they would receive for the position

they held immediately prior to being absent from duty on unpaid sick leave or

commencing to receive benefits under a long-term disability plan.

(3) (

a) The Minister shall match the contributions made by members employed by

education entities, the Union or the Canadian Teachers’ Federation,

including members who are contributing to the Fund under subsection (2C).

(

b) Participating employers other than those in clause (

a) shall match the

contributions made by the members they employ, including members who

are contributing to the Fund under subsection (2C).

(

c) Matching contributions made to the Fund by the Minister pursuant to clause

(

a) and by participating employers pursuant to clause (

b) shall be eligible

contributions under the Income Tax Act (Canada).

General

6 (1) (

a) Despite subsections 3(1), 5(1), and 5(2), a member shall not contribute to

the Fund after

(

i) the member has accumulated 35 years of pensionable service; or

(ii) the end of the calendar year in which the member attains the age at

which a service pension must begin to be paid as specified in

regulations prescribed under the Income Tax Act (Canada).

(

b) Contributions made to the Fund by members shall not exceed the limits

specified in regulations prescribed under the Income Tax Act (Canada).

(

c) For greater certainty, a member who is enrolled in a deferred salary program

or who is on a sabbatical leave shall make contributions based on the salary

that would have been paid had the member been employed for the full

school year corresponding to the leave period and on making such

contributions the member shall be credited with pensionable service for the

corresponding leave period.

(2) The Minister shall remit the matching contributions referred to in clause 5(3)(

a) to

the Fund within 5 business days of receiving the request from the Plan

administrator.

(3) All participating employers shall

(

a) deduct the contributions required by subsection 5(1) for each employed

member from each payment of pensionable earnings paid by the

participating employer to the member; and

(

b) within 5 business days from the date of deduction, deposit the contributions

referred to in clause (

a) and the matching contributions required by clause

5(3)(

b) to the account of the Fund or deliver the contributions to the Plan

administrator who shall deposit the contributions to the Fund.

(4) When a participating employer fails to remit the contributions referred to in

subsection (3),

(

a) the Minister may deduct an amount equivalent to the total amount of those

contributions from any amounts payable by the Province to the participating

employer and the Minister shall deposit the amount to the Fund;

(

b) interest shall be charged, as set out in

Section 29;

(

c) no credit for pensionable service shall be given under the Plan until

unremitted member contributions and participating employer contributions

are paid to the Fund.

(5) A member for whom contributions have not been remitted by the participating

employer may make the contributions directly to the Fund in accordance with the

procedures established by the Plan administrator for that purpose.

(6) No pensioner shall make contributions to the Fund.

(7) Despite subsection (6), a member who is employed and who is receiving

(

a) a survivor pension pursuant to

Part VII; or

(

b) a service pension resulting from a court order splitting the service pension

of the member’s spouse on marriage breakdown,

shall contribute to the Fund in accordance with

Section 5. Part IV - Retirement Eligibility

Normal retirement

7 A member whose interest in the Plan is vested is entitled to a service pension calculated

in accordance with

Section 12, payable in equal monthly installments effective on the

first day of the month following the member’s normal retirement date.

Postponed retirement

(1) A member employed after the normal retirement date shall contribute to the Fund

until

(

i) the member has accumulated 35 years of pensionable service; or

(ii) the end of the calendar year in which the member attains the age at

which a service pension must begin to be paid as specified in

regulations prescribed under the Income Tax Act (Canada).

(2) Payment of a service pension to a member employed after the normal retirement

date shall commence not later than the end of the calendar year in which the

employment terminates or the member attains the age at which a service pension

must begin to be paid as specified in regulations prescribed under the Income Tax

Act (Canada).

Retirement Eligibility Criteria

Unreduced service pension

(1) A member may elect to retire with an unreduced service pension before the normal

retirement date where the member

(

a) has 35 or more years of pensionable service;

(

b) is age 60 and has at least 10 years of pensionable service;

(

c) is age 55, and the member’s age and years of pensionable service equal at

least 85.

Reduced service pension

(2) A member may elect to retire with a reduced service pension where the member

(

a) is age 55 and has at least 20 years of pensionable service, and in such case

the service pension shall be reduced by

(i) 0.4% for each complete month of the first 24 months, and

(ii) 0.3% for each complete month beyond 24 months,

by which the commencement date of the reduced service pension precedes

the earliest date when an unreduced service pension would be otherwise

payable;

(

b) is age 55, and has 10 years, but not 20 or more years, of pensionable

service, and in such case, the reduced service pension shall be calculated as

the actuarial equivalent of the unreduced service pension otherwise payable

at age 60, with the reduction being no less than 0.25% per month for each

month that the early retirement date precedes the date when age 60 would

be attained;

(

c) was employed on or after January 1, 1988, is age 55 and has 2 years, but not

10 or more years, of pensionable service, and in such case the reduced

service pension shall be calculated as the actuarial equivalent of the

unreduced service pension otherwise payable at the normal retirement date,

with the reduction being no less than 0.25% per month for each month that

the early retirement date precedes the normal retirement date;

(

d) is at least age 50 and has at least 30 years of pensionable service and in such

case the service pension otherwise calculated in accordance with

subsections (1) and (2) of

Section 12, shall be reduced by 5% for each year,

with part years being prorated accordingly, calculated to three decimal

places, by which

(

i) the member’s age is less than 55 or

(ii) the member’s pensionable service is less than 35,

whichever is lesser.

Part V - Service Pensions

General

(1) No member shall receive more than one service pension for the same pensionable

service accrued by the member under the Plan.

(2) No member shall be eligible to receive a service pension while in receipt of a

disability pension under the Plan or while receiving benefits under a long-term

disability plan.

(1) A pensioner who receives a service pension and who subsequently becomes

employed by a participating employer for 70 days or more in a school year, other

than as a substitute teacher, shall notify the Plan administrator immediately.

(1A) Despite subsection (1), a pensioner who receives a service pension and who

subsequently becomes employed as a substitute teacher by a participating employer

for 120 days or more in one school year between August 1, 2025, and July 31,

2026, shall notify the Plan administrator immediately.

(2) The service pension of a pensioner who is re-employed by a participating employer

for 70 days or more in one school year, other than as a substitute teacher, shall

cease effective on the 70th day of the employment and shall be resumed without

adjustment when

(

a) the pensioner ceases to be re-employed; and

(

b) the total period of re-employment is less than 1 school year.

(2A) The service pension of a pensioner who is re-employed by a participating employer

as a substitute teacher for 120 days or more in one school year between August 1,

2025, and July 31, 2026, shall cease effective on the 120th day of the

re-employment and shall be resumed without adjustment when

(

a) the pensioner ceases to be re-employed; and

(

b) the total period of re-employment is less than 1 school year.

(2B) When determining if a pensioner who is re-employed by a participating employer

as a substitute teacher pursuant to subsection 11(2A) has been re-employed for 120

days or more in one school year between August 1, 2025, and July 31, 2026,

re-employment pursuant to subsection 11(2) must be combined with

re-employment as a substitute teacher pursuant to subsection 11(2A).

(3) When a pensioner becomes re-employed and accrues 1 or more years of

pensionable service and subsequently ceases re-employment, the pensioner shall

make application for a new service pension to the Plan administrator.

(4) For greater certainty, no pensioner who becomes re-employed while in receipt of a

service pension under the Plan, other than a substitute teacher to whom subsection

(4A) applies, shall receive credit for pensionable service

(

a) for the first 70 days of re-employment in a school year; or

(

b) for any period in respect of the period of re-employment if the pensioner has

already earned the maximum pensionable service under the Plan or has

attained the age at which a service pension must begin to be paid as

specified in regulations prescribed under the Income Tax Act (Canada).

(4A) For greater certainty, no pensioner who becomes re-employed by a participating

employer between August 1, 2025, and July 31, 2026, while in receipt of a service

pension under the Plan shall receive credit for pensionable service

(

a) for the first 120 days of re-employment, as a substitute teacher, in a school

year; or

(

b) for any period in respect of the period of re-employment if the pensioner has

already earned the maximum pensionable service under the Plan or has

attained the age at which a service pension must begin to be paid as

specified in regulations prescribed under the Income Tax Act (Canada).

(4B) When determining if a pensioner who is re-employed by a participating employer

as a substitute teacher pursuant to subsection 11(4A) has been re-employed for 120

days or more in a school year between August 1, 2025, and July 31, 2026,

re-employment pursuant to subsection 11(4) must be combined with

re-employment as a substitute teacher pursuant to subsection 11(4A).

(5) Notwithstanding subsection (2), a service pension in pay to a retired member who

has attained the age at which a service pension must begin to be paid as specified

in regulations prescribed under the Income Tax Act (Canada) cannot be stopped for

any reason other than the death of the member.

Pension calculation

(1) An unreduced service pension payable pursuant to

Section 9(1) to a member who

is less than age 65 at commencement of the unreduced service pension shall be the

sum of

(a) (i) 1.3% of the average of the member’s best 5 years of annualized

pensionable earnings up to the average of the Y.M.P.E. for the same

5 years plus 2% of the average of the member’s best 5 years of

annualized pensionable earnings that are in excess of the average of

the Y.M.P.E. for the same 5 years, the sum of which is multiplied by

the number of years of pensionable service that are also pensionable

under the Canada Pension Plan, plus

(ii) 2% of the average of the member’s best 5 years of annualized

pensionable earnings multiplied by the number of years of

pensionable service that are not pensionable under the Canada

Pension Plan; and

(

b) a bridge benefit payable from commencement of the unreduced service

pension until attainment of age 65, calculated as 0.7% of the average of the

member’s best 5 years of annualized pensionable earnings up to the average

of the Y.M.P.E. for the same 5 years multiplied by the number of years of

pensionable service that are also pensionable under the Canada Pension

Plan.

(1A) Earnings received by a permanent contract teacher while working as a substitute

teacher shall not be included in the calculation of annualized pensionable earnings

if the rate of pay as a substitute teacher is less than the teacher’s regular rate of pay.

(2) A service pension payable to a member who is age 65 or greater shall be calculated

as set out in clause 12(1)(a).

(3) For greater certainty,

(

a) if a member’s total pensionable service includes pensionable service earned

prior to January 1, 1966, all of the years of pensionable service prior to

January 1, 1966 shall be counted for the purposes of subclause 12(1)(a)(ii);

and

(

b) the total amount of the bridge benefit paid pursuant to clause 12(

b) that shall

cease at age 65 shall include the total of accumulated indexing amounts

applied to the bridge benefit during the period of payment of the bridge

benefit; and

(

c) where a member has less than 5 years of annualized pensionable earnings,

the average annualized pensionable earnings shall be the average of the

actual number of years of annualized earnings.

Maximum service pension

(1) Despite any other provision of the Plan, no service or disability pension shall be

payable in an amount that exceeds the maximum permitted for that pension by the

Income Tax Act (Canada).

(2) Despite any other provision of these regulations but subject to this Section, the

commuted value of a pension paid to a member pursuant to

Section 9, 14 or 15

shall not be less than the total of the member’s contributions plus interest as

specified in subsection 29(1), as at the date of retirement.

Part VI - Disability Pensions

Partial disability pension

14 Every member who, while employed, becomes mentally or physically incapacitated to a

degree that renders the member incapable of being further employed shall, subject to

Section 17, be entitled to a partial disability pension during the member’s lifetime.

Total disability pension

(1) Every member who, while employed, becomes mentally or physically

incapacitated to a degree that renders the member incapable of earning a livelihood

by engaging in any employment for which the member is reasonably suited by

education, training or experience, shall, subject to

Section 17, be entitled to a total

disability pension during the member’s lifetime.

(2) Despite subsection 15(1), no total disability pension shall be granted on an

unreduced basis unless the disability is total and permanent as defined by the

Income Tax Act (Canada).

Calculation of disability pension

(1) The partial disability pension paid pursuant to

Section 14 shall be calculated

pursuant to the service pension calculation set out in

Section 12, reduced by 0.25%

for each month by which the date of the partial disability pension is effective

precedes the earliest date on which

(

a) the member would attain 60 years of age;

(

b) the member would attain 30 years of pensionable service; or

(

c) the aggregate of the member’s age plus years of pensionable service,

expressed in years and fractions of a year, would equal 80, all calculated as

if the member had continued in employment and been credited with

pensionable service on a full-time basis.

(1A) Notwithstanding subsection 16(1), the partial disability pension paid pursuant to

Section 14 shall not exceed the amount calculated pursuant to the service pension

calculation set out in

Section 12, determined as if the bridge benefit under clause

12(1)(

b) continued for the lifetime of the member, less the greater of

(a) 17% of the amount so calculated; and

(b) 0.25% for each month from the date the partial disability pension is

effective to the earliest date at which the member would otherwise be

eligible for an unreduced pension pursuant to subsection 9(1).

(2) Subject to subsection 16(3), a total disability pension shall be calculated as the

greater of the following:

(

a) the unreduced service pension that would be payable to the member under

clause 12(1)(

a) based on pensionable earnings and pensionable service to

the date of commencement of the total disability pension,

and

(

b) the lesser of the following:

(

i) the Y.M.P.E. in the year of disability retirement; and

(ii) the unreduced service pension that would be payable to the member

under clause 12(1)(

a) at age 65 assuming the member continued in

employment to age 65 at the same rate of pensionable earnings.

(3) Notwithstanding the foregoing, the total disability pension paid pursuant to

subsections 15(1) and (2) shall not exceed 2% of the average of the member’s best

5 years of annualized pensionable earnings multiplied by the member’s number of

years of pensionable service.

(4) If the total disability pension calculated under subsection 16(2) is less than the cap

under subsection 16(3), a bridge benefit equal to the difference shall be payable

from commencement of the total disability pension until attainment of age 65.

(5) For greater certainty:

(

a) a member receiving a total disability pension calculated under subsection

16(2) or 16(3) is not eligible to receive the bridge benefit described in clause

12(1)(b);

(

b) subject to subsections 19(4), (5) and (6), for purposes of determining

benefits payable under

Part VII on the death of a member in receipt of a

total disability pension calculated under subsection 16(2) or 16(3),

references to service pension in

Part VII shall be deemed to include

references to the total disability pension calculated under subsection 16(2)

or 16(3);

(

c) the benefits of a member in receipt of a partial disability pension calculated

under subsection 16(1) shall be based on the integrated formula described in

subsection 12(1), adjusted to reflect the reduction under subsection 16(1),

and no portion of the disability benefit attributable to the bridge benefit

described in clause 12(1)(

b) shall be payable following the member’s

attainment of age 65.

Rules and procedures

(1) No application for a disability pension shall be received by the Plan administrator

after July 31, 2014, unless

(

a) the applicant was absent from duty on unpaid sick leave as at June 30, 2014;

(

b) the applicant was absent from duty on paid sick leave as at June 30, 2014,

and was not enrolled in the Union Long Term Disability Plan as at July 31,

2014; or

(

c) the applicant was absent from duty on leave as at June 30, 2014, was not

enrolled in the Union Long Term Disability Plan as at July 31, 2014, and

became disabled prior to August 1, 2014;

and provided that

(

d) the applicant does not return to work after July 31, 2014; and

(

e) the application is made within 2 years from the date that the member last

contributed to the Plan.

(2) Despite clause (1)(e), if the applicant is, in the opinion of the medical consultant,

mentally incapacitated, the Plan administrator may extend the period for receiving

an application for a disability pension.

(3) An application for a disability pension shall not be considered for approval unless

the Plan administrator receives

(

a) a report on the applicant from a medical doctor licensed to practice in

Canada certifying that the applicant became mentally or physically

incapacitated while employed and specifying the medical diagnosis of, and

the prognosis for, the incapacitation; and

(

b) a report from the medical consultant advising the Plan administrator as to

the course of action the medical consultant considers appropriate with

respect to the granting of a disability pension to the applicant.

(4) (

a) The Plan administrator in his/her sole discretion may require any

information, in addition to the reports specified in subsection (3), to

substantiate an application for disability pension.

(

b) Members shall provide to the Plan administrator such medical reports and

participate in such independent medical assessments as may be required in

the absolute discretion of the administrator at least bi-annually, or more

frequently as the Plan administrator may request. Such reports must be duly

completed by a medical doctor licensed to practice in Canada, and must be

provided up to the date the member attains age 65 as a condition for the

continuation of a disability pension. The medical report shall be in the form

and contain the information necessary, as determined by the Administrator.

The report must provide a confirmation of whether the member is able to

perform the regular duties of his employment, and shall include information

to assist in the accommodation of the member in the workplace, as relevant.

(

c) If a person fails to provide all the necessary information required by the Plan

administrator under clause 3(

a) or 4(

b) on a timely basis and in the form and

manner specified by the Plan administrator, payment of a disability pension

may be delayed, suspended, or denied.

(5) (

a) Despite

Section 14, a pensioner who is receiving a partial disability pension

shall become ineligible to continue to receive a partial disability pension on

becoming engaged in any teaching activity in an educational institution for

which remuneration is received and payment of the partial disability pension

shall cease, effective on the date such teaching activity commenced.

(

b) Despite

Section 15, a pensioner who is receiving a total disability pension

shall be ineligible to continue to receive a total disability pension on

becoming engaged in any activity from which the pensioner earns a

livelihood and the total disability pension shall cease, effective on the date

such activity commenced.

(

c) A pensioner who is receiving a disability pension and who becomes

engaged in the activities specified in either clause (

a) or (b), as the case may

be, shall inform the Plan administrator immediately in writing, providing the

details of, and the remuneration related to, the activity in which the

pensioner is engaged.

(

d) Failure to inform the Plan administrator in the manner specified in clause (

c) may result in the loss of current and future disability pension entitlement

under the Plan.

(

e) On receiving the information specified in clause (c), the Plan administrator

shall confirm the eligibility status of the pensioner and, if the Plan

administrator decides that the pensioner is ineligible to continue to receive a

disability pension, the Plan administrator shall cease payment of the

disability pension and shall recover from the pensioner any ineligible

payments made to the pensioner.

(

f) A person who ceases the activity specified in either clause (

a) or (

b) and

who subsequently applies for a disability pension shall be treated as a new

applicant for a disability pension.

(

g) A person who received a disability pension that ceased pursuant to this

Section, and who terminated employment with a participating employer and

membership in the Plan, and who is consequently entitled to receive either a

service pension or a refund under the Plan shall, pursuant to clause (e),

reimburse the Plan for any ineligible disability pension payments the person

received and the Plan administrator shall effect this reimbursement by

reducing the service pension or refund by the amount of the unpaid

reimbursement.

(6) For greater certainty, no member shall receive more than one type of disability

pension under the Plan at the same time.

(7) (

a) Notwithstanding

Section 14, a partial disability pension shall not be granted

to any member who, at the date of application for a partial disability

pension, is entitled to an unreduced service pension under

Section 7 or

subsection 9(1).

(

b) Notwithstanding subsection 15(1), a total disability pension shall not be

granted to any member who, at the date of application for a total disability

pension, is entitled to a unreduced service pension under

Section 7 or

subsection 9(1).

Part VII - Survivor Pensions and other Death Benefits

General

(1) In accordance with the Income Tax Act (Canada),

(

a) the maximum survivor pension payable from the Plan to an individual

beneficiary shall not exceed 66.667% of the service pension of a deceased

member, or a deceased pensioner who was a former member, as the case

may be; and

(

b) the sum of all survivor pensions paid from the Plan as a result of the death

of a member, or of a pensioner who was a former member, shall not exceed

100% of the service pension entitlement of the deceased member, or of the

deceased pensioner who was a former member, as the case may be.

(2) (

a) No spouse shall be entitled to a survivor pension if,

(

i) with respect to spouses who are married, the marriage took place

after the pensioner’s retirement but less than 3 years before the

pensioner died, or

(ia) with respect to spouses who are domestic partners as defined in the

Vital Statistics Act , registration of the domestic partnership took

place after the pensioner’s retirement but less than 3 years before the

pensioner died, or

(ii) with respect to spouses who have cohabited in a conjugal

relationship, the relationship began less than 3 years before the

pensioner’s death.

(

b) In determining if the 3-year requirement contained in subclauses (a)(i), (ia)

and (iii) [(ii)] has been met, a period of cohabitation in a conjugal

relationship may be added to a period of legal marriage that immediately

follows the period of cohabitation in a conjugal relationship.

(3) A child who is receiving a survivor pension while in full time attendance at an

educational institution approved by the Plan administrator shall annually submit

evidence of that attendance to the Plan administrator, in the form requested by the

Plan administrator.

Calculation of survivor pension

(1) On the death of a member whose interest is vested, the survivor pension payable to

a spouse, child or dependant shall be based on the sum of

(

a) the service pension as calculated under clauses 12(1)(

a) and (

b) for that

portion of the deceased member’s pensionable service earned before

January 1, 1992; and

(

b) the service pension as calculated under clause 12(1)(

a) for that portion of

the deceased member’s pensionable service earned on and after January 1,

(2) Where a pensioner who was a former member dies prior to age 65, the amount of a

survivor pension payable to a spouse, child or dependant shall be based on the

amount of the service pension in payment at the time of the deceased pensioner’s

death and, on the date when the deceased pensioner would have reached age 65,

the amount of the survivor pension shall be adjusted to reflect the removal of the

portion of the bridge benefit provided under clause 12(1)(

b) from the deceased

former member’s earned pension in respect of service on and after January 1, 1992.

(3) Where a pensioner who was a former member dies on or after reaching age 65, a

survivor pension payable to a spouse, child or dependant shall be based on the

service pension in payment at the date of the death of the pensioner.

(4) Where a pensioner in receipt of a total disability pension calculated under

subsection 16(2) or 16(3) dies before reaching age 65, the amount of a survivor

pension payable to a spouse, child or dependent shall be based on the amount of

the service pension that would have been in payment at the time of the deceased

pensioner’s death if it had been calculated under subsection 12(1) at the date of

retirement rather than under subsection 16(2) or 16(3), and on the date the

deceased pensioner would have reached age 65, the amount of the survivor pension

shall be adjusted to reflect the cessation of the portion of the bridge benefit that

would have been provided under clause 12(1)(

b) from the deceased pensioner’s

earned pension in respect of service on and after January 1, 1992.

(5) Where a pensioner in receipt of a total disability pension calculated under

subsection 16(2) or 16(3) dies on or after reaching age 65, the amount of a survivor

pension payable to a spouse, child or dependent shall be based on the amount of

the service pension that would have been in payment at the date of the death of the

pensioner if it had been calculated under subsection 12(1) at the date of retirement

rather than under subsection 16(2) or 16(3).

(6) Notwithstanding the foregoing, survivor pensions in pay as of April 1, 2011, where

the disabled member would have been over 65 years of age as at that date, shall not

be recalculated or adjusted except to the extent necessary to ensure compliance

with the Income Tax Act (Canada), as described in subsection 18(1). For greater

certainty, no survivor pension in pay as of April 1, 2011 to an individual

beneficiary may exceed 66.667% of the total disability pension that would be

payable to the applicable pensioner, if living, as would be calculated under

subsection 16(2) or 16(3), and subsection 16(4), as applicable.

(7) Subsections 19(4), (5), and (6) apply mutatis mutandis to survivor pensions

payable as a result of the death of a pensioner in receipt of a partial disability

pension, except that the amount otherwise calculated under subsection 12(1) shall

be reduced as set out in subsection 16(1) or (1A), as applicable.

Death of a member not vested

20 On the death of a member whose interest is not vested, the contributions made to the

Fund by the deceased member, with interest as specified in

Section 29, shall be paid in a

lump sum, less any applicable income tax, to

(

a) the deceased member’s spouse as of the date of death; or

(

b) where the deceased member had no spouse as of the date of death, to

(

i) a designated beneficiary, or

(ii) if there is no designated beneficiary, to the estate of the deceased

member.

Death of a Vested Member or a Pensioner

Survivor pension to a spouse

(1) Subject to subsection 18(2), on the death of a member whose interest is vested or

of a pensioner who was a former member, a survivor pension shall be paid to the

spouse during the lifetime of the spouse, in an amount equal to 60% of either

(

a) the service pension to which the deceased vested member would have been

entitled under

Part V if a service pension had been granted on the date of

death; or

(

b) the service pension in pay immediately before the death of the pensioner,

adjusted, where applicable, to reflect the requirements of

Section 19.

(2) Despite subsection (1), if the service pension entitlement of the deceased member,

or the service pension of the deceased pensioner who was a former member, was

related to pensionable service earned entirely before January 1, 1988, “50%” shall

be substituted for “60%” where it appears in subsection 21(1).

Survivor pension to children

(3) On the death of a vested member or a pensioner who was former member, a

survivor pension shall be paid to each child of the member in an amount equal to

10% of either

(

a) the service pension that the deceased vested member would have been

entitled to if a service pension had been granted on the date of death; or

(

b) the service pension in pay immediately before the death of a pensioner,

adjusted, where applicable, to reflect the requirements of

Section 19.

(4) A survivor pension payable pursuant to subsection (3) shall be paid to a child

(

a) under age 18, until the end of the month of the earlier of

(

i) the child reaching age 18, and

(ii) the death of the child;

(

b) age 18 or over and having commenced full-time attendance at an

educational institution approved by the Plan administrator by the later of the

date of death of the former member and the end of the calendar year in

which the child attains age 18, until the end of the month in which occurs

the earliest of

(

i) the child attaining age 25,

(ii) the date the child ceases full-time attendance at the approved

educational institution, and

(iii) the death of the child.

(5) Despite subsection 21(3), if the number of surviving children exceeds 4 at the date

of death of the member or of the pensioner who was a former member, the

survivor pension payable to each surviving child who meets the eligibility

requirements of clauses 21(4)(

a) or (

b) shall be a prorated portion of 40% of the

whole service pension related to the deceased member or to the deceased pensioner

who was a former member, and as each child’s survivor pension ceases as a result

of the eligibility requirements of clauses 21(4)(

a) and (b), the survivor pension

payable to the remaining eligible children shall again be prorated among them,

subject always to a maximum survivor pension of 10% of the service pension per

individual child, and a maximum of 40% of the service pension for all the children.

(6) Despite subclause 21(4)(a)(i), the survivor pension will continue to be paid to a

child for the life of the child where the child is a dependant.

(7) If a member, or a pensioner who was a former member, dies without leaving a

spouse but leaves children, the survivor pension specified in clauses 21(1)(

a) or

(b), shall be divided equally among and paid to the children who satisfy the

requirements of clauses 21(4)(

a) and (b).

(8) Subject to clauses 18(1)(

a) and (b), where the portion of the service pension

entitlement paid to a spouse as a survivor pension under

Section 21 has ceased

because of the death of the spouse, the portion shall be redistributed and paid to a

child who satisfies the requirements of clauses 21(4)(

a) and (b), and shall be in

addition to, and for the same duration as, a survivor pension payable to the child

under clause 21(3)(

a) or (b).

(9) If there is no child who satisfies the requirements of clauses 21(4)(

a) and (b), but

there is a dependent child who is age 18 or older at the date of the death of the

deceased spouse, then the benefit payable under subsection (8) shall be paid to the

dependent child while the child is a dependant.

Survivor pension to dependants

(10) If a member, or a pensioner who was a former member, dies without leaving a

spouse or without leaving a child who satisfies the requirements of clauses 21(4)(

a) and (

b) and subsection 21(9), then a survivor pension equivalent to one that would

be paid to a spouse in clauses 21(1)(

a) or (

b) shall be paid to a dependant, if any,

until the dependant’s mental or physical disability ceases or the dependant dies,

whichever occurs first.

(11) If a survivor pension payable to a child ceases because the child no longer satisfies

the requirements of clauses 21(4)(

a) and (

b) and subsection 21(9), the survivor

pension in the amount as of that time shall cease but shall be paid instead to a

dependant, if any, until the dependant’s mental or physical disability ceases or the

dependant dies, whichever occurs first.

If no person entitled to survivor pension

(12) Where there is no spouse, child or dependant eligible to receive a survivor pension,

then on the death of

(

a) a member, the total contributions of the member, with interest as set out in

Section 29, shall be paid to

(

i) a designated beneficiary, or

(ii) if there is no designated beneficiary, to the estate of the deceased

member;

(

b) a pensioner who was a former member, all of the pensions paid under the

Plan to the former member, and the former member’s spouse, children and

dependants shall be totalled and, if the total of all of those pensions is less

than the former member’s total contributions, with interest thereon

calculated according to

Section 29, then the difference between the total of

all of those pensions and the former member’s total contributions plus

interest shall be paid

(

i) in equal shares, to the deceased former member’s surviving children

who received, but are no longer receiving, a survivor pension under

the Plan, and where any child is deceased, to the estate of the child,

(ii) in the absence of children specified in subclause (i), to

(

A) a designated beneficiary, or

(

B) if there is no designated beneficiary, the estate of the deceased

former member, or

(

C) if there is no designated beneficiary and the estate of the

deceased former member has been closed, the estate of the

deceased spouse of the deceased former member, provided the

spouse was the last person to receive a survivor pension.

Election of options prior to retirement date

21A

(1) Subject to subsections (2) and (4), a member may, at any time during the three

months prior to the member’s retirement date, elect in writing on the prescribed

form either or both of the following options:

(

a) a survivor pension payable in an amount equal to

(i) 80% or

(ii) 100%

of the pension payable to the member upon retirement;

(

b) a pension payable in respect of the member’s pension for a guaranteed

period of

(

i) five years

(ii) ten years, or

(iii) fifteen years.

Actuarial values

(2) Where a member makes an election pursuant to subsection (1), the actuarial value

of the optional form of pension selected shall be the same as the actuarial value of

the pension for which the member is eligible under

Section 9 calculated in

accordance with

Section 12.

(3) The actuarial value referred to in subsection (2) shall be determined based on the

actuarial assumptions and methods adopted for the purposes of this Section.

Benefits payable pursuant to an election

(4) Where a member makes an election pursuant to subsection (1), the benefits paid in

accordance with the election are in substitution for, and not in addition to, the

benefits payable pursuant to

Section 12 and subsection 21(1).

(5) Where a member elects a guaranteed period pursuant to clause (1)(

b) and dies

before the end of the selected guaranteed period, the pension payable in accordance

with such an election shall be paid for the remaining guaranteed period to the

member’s surviving spouse, child, dependant, designated beneficiary or estate, as

the case may be, in accordance with the priority of payment set out in

Section 21.

(6) Where a pension is payable pursuant to subsection (5) to a surviving spouse, child

or dependant, the pension shall be paid in accordance with subsection 25(4).

(7) Where an amount is payable pursuant to subsection (5) to a designated beneficiary

or estate, the amount shall be in the form of a lump sum payment equal to the

commuted value of the pension payments for the remaining guarantee period.

(8) Where, upon the death of a pensioner who has made an election pursuant to

subsection (1), there are children who would be eligible for a pension pursuant to

subsection 21(3), the total of any amounts payable to the children shall be reduced

pro rata so that the amount payable under subsection (1) plus the amount payable

to the children shall not be greater than the amount payable to the pensioner

immediately prior to his death.

(9) Where the spouse of a member who has made an election pursuant to subsection

(1) predeceases the member after the member’s retirement date, any subsequent

spouse of the member shall be entitled, upon the death of a member, to a pension

pursuant to clause 21(1)(b), unless the member has elected a guaranteed period, in

which case the pension payable pursuant to clause 21(1)(

b) shall commence

immediately after the end of the guaranteed period selected in clause (1)(b).

(10) Subject to subsections (5) and (9), the spouse in respect of whom a member makes

an election pursuant to subsection (1) shall be the member’s spouse at the

member’s retirement date.

(11) Where the member’s spouse predeceases the member after the member’s

retirement date, the amount of the pension payable to the member shall be the

amount payable pursuant to subsection (1).

Revocation of election

(12) A member may revoke an election made pursuant to subsection (1) prior to the

member’s retirement date by providing a notice in writing on the prescribed form

signed by the member.

(13) Where the spouse of a member who has made an election pursuant to subsection

(1) dies before the member’s retirement date, the election is revoked and the

member may make a subsequent election no later than the member’s retirement

date or thirty days after the death of the spouse, whichever is later.

(14) Where a member who has made an election pursuant to subsection (1) dies before

the member’s retirement date, the election is not revoked and any benefits payable

will be determined in accordance with such an election.

(15) An election may not be revoked after a member’s retirement date.

Marriage breakdown

(16) Where an application is made for a division of pension benefits pursuant to

Section

41, any division shall be based on the pension benefits payable pursuant to an

unrevoked election.

Non-application of Section

(17) This

Section does not apply to a person who is eligible for, or in receipt of, a

pension pursuant to Sections 14 to 17.

Interpretation

(18) For purposes of this Section, “retirement date” for a member means the day a

member’s pension becomes effective pursuant to

Section 25.

Effective date

(19) This

Section has effect on, from and after the 1st day of April, 2003.

Part VIII - Deferred Pensions, Transfers and Refunds

General

(1) A member who terminates employment shall advise the Plan administrator within

30 days of the date of termination of employment.

(2) A member whose interest is vested who terminates employment and who qualifies

for an immediate unreduced pension pursuant to subsection 9(1), shall receive

payment of that pension effective from the first day of the month following the

month the employment was terminated.

(3) A member whose interest is vested who terminates employment and who does not

qualify for an immediate unreduced service pension pursuant to subsection 9(1)

shall elect, not earlier than 90 days and not later than 180 days from the date of the

member’s termination of employment, either

(

a) the deferred pension option pursuant to

Section 23; or

(

b) a portability option pursuant to

Section 24.

(4) When a vested member who terminates employment fails to inform the Plan

administrator of an election pursuant to subsection (3), the member shall be

deemed to have elected the deferred pension option.

(5) A member who elects, or who is deemed to have elected, the deferred pension

option shall inform the Plan administrator of any change in the member’s mailing

address.

Minimum deferred pension

(6) A member whose interest is vested and who has pensionable service in respect of

employment on or after January 1, 1988, is entitled to a deferred pension for the

corresponding period, the minimum commuted value of which shall not be less

than the member’s contributions, plus interest as set out in

Section 29.

Deferred pension option

23 Payment of the service pension of a member whose interest is vested who elects the

deferred pension option pursuant to clause 22(3)(

a) shall commence effective from the

first day of the month following the date that the member qualifies for either

(

a) an unreduced service pension pursuant to

Section 7 or subsection 9(1), as

applicable; or

(

b) a reduced service pension pursuant to subsection 9(2), as elected by the

Member.

Portability options–refunds and transfers

(1) A refund or transfer shall be made only upon application by the member to the

Plan administrator using the form specified by the Plan administrator.

(2) No member shall apply for a refund or transfer until the member has terminated

employment and has not been subsequently employed for at least 90 days.

(3) A refund of contributions or a transfer shall be a full discharge of the obligations of

the Plan to the member in respect of the period of pensionable service that

corresponds with the refund or transfer.

(4) Subject to the applicable provisions of the Income Tax Act (Canada), if a member

received a refund or a transfer under this

Section and subsequently becomes

employed for a period of not less than 50 days, the member may repay or have

transferred to the Fund the amount originally refunded or transferred, plus interest

as set out in subsection 29(2), and upon so doing shall be credited with the amount

of pensionable service in respect of which the original transfer or refund was made.

Refunds

(5) A member who terminates employment is entitled to a refund of the member’s

contributions, plus interest as set out in subsection 29(1), in respect of the

member’s pensionable service before January 1, 1988.

(6) A member who terminates employment and whose interest has not vested in

respect of pensionable service on and after January 1, 1988 is entitled to a refund

of contributions, plus interest as set out in subsection 29(1), in respect of that

pensionable service.

(7) For greater certainty, no member whose interest is vested and who terminates

employment shall be entitled to a refund of contributions in respect of pensionable

service earned on and after January 1, 1988.

(8) A member who terminates employment and who chooses a refund under

subsections (5) or (6) may request that the refund be

(

a) transferred to the member’s registered retirement savings plan;

(

b) paid to the member in a lump sum, less applicable income tax; or

(

c) transferred under clause (

a) and paid to the member under clause (

b) in the

proportions directed by the member.

Transfers

(9) Subject to subsection 22(3), a member may choose to transfer the value of the

member’s deferred pension.

(10) For greater certainty, the value of the member’s deferred pension for the purpose of

a transfer under subsection (9) shall be the sum of

(

a) the amount of the member’s contributions plus interest for pensionable

service related to employment before January 1, 1988; and

(

b) the commuted value of the portion of the deferred pension for pensionable

service related to employment on and after January 1, 1988.

(11) A member who chooses a transfer under subsection (9) may,

(

a) with respect to the amount of the member’s contributions plus interest

related only to pensionable service before January 1, 1988,

(

i) transfer that amount to a registered retirement savings plan,

(ii) transfer that amount to the pension plan of another employer, if

permitted by that pension plan, or

(iii) take that amount as a lump sum payment, less applicable income tax;

(

b) with respect to the amount of the commuted value related only to

pensionable service on and after January 1, 1988, transfer that commuted

value

(

i) to the pension plan of a subsequent employer, if permitted by the

terms of such pension plan, or

(ii) to a locked-in registered retirement savings arrangement that meets

the requirements of the Pension Benefits Act .

(12) (

a) The commuted value under clause (10)(

b) shall not be less than the

member’s contributions, plus interest as set out under

Section 29, for the

corresponding period.

(

b) If the requirement of clause (12)(

a) is not met, the member shall be notified

and may elect either

(

i) a refund of the excess contributions and interest, less applicable

income tax, or

(ii) a transfer of the excess contributions and interest to a registered

retirement savings arrangement.

(13) If the value calculated for a transfer under subsection (9) is greater than the

maximum permitted by the Income Tax Act (Canada), the excess shall be paid to

the member in a lump sum, less applicable income tax.

(14) For greater certainty, the transfer entitlement in subsection (9) does not apply to a

member who terminates employment and is, at the time of termination of

employment, eligible for commencement of a service pension under subsection

9(1), or is age 55 or older.

Part IX - Benefits and Payments

Commencement of pensions

(1) A pension shall be effective on

(

a) the first day of the month following the month during which the member

ceases to be employed;

(

b) the first day of the month following the month during which the member

attains all the qualifications for the pension; or

(

c) the date the pension otherwise becomes payable under the Plan,

whichever date is the latest, provided that the pension is put into pay no later than

the age at which a service pension must begin to be paid as specified in regulations

prescribed under the Income Tax Act (Canada).

(2) For greater certainty, if a member receives credit for a full school year in the

member’s last year of employment and retires, the last day of employment shall be

June 30 and the effective date of the pension shall be July 1.

(3) A survivor pension payable under the Plan shall commence

(

a) in the case of death of a member, on the day following the death;

(

b) in the case of death of a pensioner who was a former member, on the first

day of the month following the date of death.

(4) A pension payment shall

(

a) commence only on application being made to the Plan administrator or on

attainment of the age at which a service pension must begin to be paid as

specified in regulations prescribed under the Income Tax Act (Canada);

(

b) be in monthly instalments and be paid no later than the last day of each

month for which the instalment is due; and

(

c) be made only by direct deposit to the account of the pensioner in a financial

institution that accepts direct deposits.

(5) A pension shall end on the last day of the month in which the pensioner dies.

(6) A survivor pension that is payable to a child who is less than age 19 shall be paid

on behalf of the child to the parent of the child, or to the legal guardian of the child

in the absence of a living parent.

Integration with the Canada Pension Plan

(1) The service pension earned under the Plan by a member who participates in and

has contributed to the Canada Pension Plan shall be integrated with the pension

benefits earned under the Canada Pension Plan and shall be calculated as set out

under

Part V of the Plan.

(2) For the purposes of subsection (1), a person who is not exempt from participation

in the Canada Pension Plan is deemed to be entitled to commencement of a

pension under the Canada Pension Plan at age 65, whether the person applies for

and receives a pension under the Canada Pension Plan at that time.

Definitions for Sections 27 to 27C

27 For the purposes of Sections 27 to 27C,

(a) “indexing period” means,

(

i) from January 1, 1993, to December 31, 2005, each 12-month period

beginning on January 1 and ending on December 31 of each calendar

year;

(ii) from January 1, 2006, to June 30, 2006, the 6-month period

beginning on January 1, 2006 and ending on June 30, 2006; and

(iii) beginning July 1, 2006, each 12-month period beginning on July 1

and ending on June 30 of the following calendar year;

(b) “pension index” means,

(

i) for the indexing periods from January 1, 1993, to December 31,

2005, the average of the Consumer Price Index for all items for

Canada published by Statistics Canada for each month in the 12-month period ending on October 31 of the preceding calendar year,

(ii) for the indexing period beginning January 1, 2006, the average of the

Consumer Price Index for all items for Canada published by

Statistics Canada for each month in the 12-month period ending on

October 31 of the preceding calendar year,

(iii) for the indexing period beginning July 1, 2006, the average of the

Consumer Price Index for all items for Canada published by

Statistics Canada for each month in the 6-month period ending on

April 30, 2006, and

(iv) for the indexing period beginning July 1, 2007, and each subsequent

July 1, the average of the Consumer Price Index for all items for

Canada published by Statistics Canada for each month in the 12-month period ending on April 30 of the preceding indexing period.

Indexing of pensions with an effective date before August 1, 2006

27A

(1) Effective January 1, 1994, to June 30, 2006, every pension paid from the Plan shall

be indexed for inflation beginning on January 1 following the effective date of the

pension and on each subsequent January 1 that the pension continues to be

payable.

(2) Effective July 1, 2006, every pension paid from the Plan shall be indexed for

inflation beginning on July 1 following the effective date of the pension and on

each subsequent July 1 that the pension continues to be payable.

(3) Except as provided in subsection (4), for pensions with an effective date before

August 1, 2006, the amount of the indexing shall be the lesser of

(a) 6%; and

(

b) the percentage increase in the pension index for the indexing period over the

pension index for the immediately preceding indexing period, minus 1%,

but no less than zero.

(4) For the indexing period beginning July 1, 2006, the amount of the indexing shall

be the lesser of

(a) 3%; and

(

b) the percentage increase in the pension index for the indexing period over the

pension index for the immediately preceding indexing period, minus 0.5%,

but no less than zero.

(5) Effective January 1, 1994, any indexing to a pension under subsections (1) to

(4) shall be prorated according to the number of months in the preceding indexing

period that the pension was paid.

(6) Indexing paid before January 1, 1994, shall be calculated at the rates set out in

Appendix 1.

(7) A pensioner entitled to a pension with an effective date before August 1, 2006,

may elect to replace the application of subsections (1) to (5) regarding indexing for

the pension with Sections 27B and 27C

(

a) effective the indexing period beginning July 1, 2006; or

(

b) effective the indexing period beginning July 1, 2007.

(8) A pensioner’s election under clause (7)(

a) must be made in writing and received by

the Administrator no later than May 31, 2006.

(9) A pensioner’s election under clause (7)(

b) must be made in writing and received by

the Administrator no later than July 31, 2006.

(10) An election made by a pensioner under clause (7)(

a) or (7)(

b) is irrevocable and is

binding on the pensioner and the pensioner’s survivors.

(11) Indexing for a pension with an effective date before August 1, 2006, for which no

election is received by the Administrator under clause (7)(

a) or (7)(

b) shall be

calculated in accordance with subsections (1) to (5).

Indexing of pensions with an effective date on or after August 1, 2006

27B

(1) Except as provided in subsection (5), indexing under this

Section shall be paid at a

rate not higher than 6%.

(2) Indexing of a pension under this

Section shall be prorated according to the number

of months in the preceding indexing period that the pension was paid.

(3) Except as provided in subsections (4) and (5), indexing for a pension with an

effective date on or after August 1, 2006, or a pension with an effective date before

August 1, 2006, for which an election is made under subsection 27A(7), shall be

calculated and paid in the following manner:

(

a) if the Actuarial Valuation Report as at the end of the immediately preceding

fiscal year of the Plan states there is an actuarial deficit of more than 10%,

no indexing shall be authorized by the Trustee;

(

b) if the Actuarial Valuation Report as at the end of the immediately preceding

fiscal year of the Plan states there is an actuarial deficit of less than 10%,

indexing may be paid at the discretion of the Trustee at a rate equal to one-half of the percentage increase in the pension index for that indexing period

over the pension index for the preceding indexing period;

(

c) subject to subsections 27C(2) to (5), if the Actuarial Valuation Report as at

the end of the immediately preceding fiscal year of the Plan states there is an

actuarial surplus, the Trustee shall authorize the payment of indexing at the

highest rate possible, subject to the maximum rate set in subsection (1), in

accordance with the following:

(

i) at the full percentage increase in the pension index for that indexing

period over the pension index for the preceding indexing period as

long as payment of the indexing does not produce an actuarial deficit,

(ii) at a level greater than one half of but less than the full percentage

increase in the pension index for that indexing period over the

pension index for the preceding indexing period as long as payment

of the indexing does not produce an actuarial deficit, or

(iii) at one half of the full percentage increase in the pension index for

that indexing period over the pension index for the preceding

indexing period regardless of whether payment of the indexing

produces an actuarial deficit.

(4) Despite the provisions of clauses (3)(

a) and (3)(b), if the Actuarial Valuation

Report as at the end of the immediately preceding fiscal year of the plan states

there is an actuarial deficit, indexing calculated under subsection (3) for the

indexing periods beginning July 1, 2006, and July 1, 2007, respectively, shall be

paid at a rate not less than one-half of the percentage increase in the pension index

for each indexing period over the pension index for the preceding indexing period.

(5) Indexing to be paid July 1, 2006, only, under subsection 27A(7) shall be paid at a

rate not to exceed 3%.

Contributions to the Fund if actuarial deficit of more than 10%

27C

(1) Starting with the indexing period beginning July 1, 2008, in any indexing period in

which there is an actuarial deficit and clause 27B(3)(

a) applies, the Minister shall

contribute to the Fund, no later than the beginning of the following indexing

period, an amount equal to the actuarial value, as calculated by the actuary at the

beginning of the indexing period, of the difference between

(

a) the indexing of all pensions to which subsection 27B(3) applies for that

indexing period at a rate of one-half of the percentage increase in the

pension index for that indexing period over the pension index for the

preceding indexing period to a maximum of 6% and, for all future indexing

periods, at a rate of one-half of the assumed percentage increase in the

pension index determined in accordance with the actuarial assumptions and

methods; and

(

b) no indexing of all pensions to which subsection 27B(3) applies for that

indexing period and, for all future indexing periods, indexing at a rate of

one-half of the assumed percentage increase in the pension index

determined in accordance with the actuarial assumptions and methods.

Payments by the Plan if actuarial surplus

(2) In any indexing period in which there is an actuarial surplus and clause 27B(3)(

c) applies, the Plan shall pay to the Province no later than the beginning of the

following indexing period an amount equal to the actuarial value as calculated by

the actuary, as at the beginning of the indexing period, of the difference between

the following:

(

a) the indexing of all pensions in pay subject to subsection 27B(3) for that

indexing period and, for all future indexing periods, at a rate of one-half of

the assumed percentage increase in the pension index determined in

accordance with the actuarial assumptions and methods; and

(

b) the amount of indexing that would have been paid on all pensions subject to

subsection 27B(3) for that indexing period if indexing had been paid at a

rate of one-half of the percentage increase in the pension index for that

indexing period over the pension index for the preceding indexing period

and, for all future indexing periods, at a rate of one-half of the assumed

percentage increase in the pension index determined in accordance with the

actuarial assumptions and methods.

(3) A payment to the Province under subsection (2) must not produce an actuarial

deficit.

(4) The cumulative amount of the payments made under subsection (2) shall not

exceed the aggregate amount of the Minister’s contribution to the Fund under

Article 7.1 of the Agreement between the Province and the Union dated June 22,

2005, and the cumulative contributions made by the Minister to the Fund under

subsection (1).

(5) Subject to subsections (2) to (4), any actuarial surplus available to authorize

indexing in excess of one-half of the full percentage increase in the pension index

over the preceding indexing period shall be calculated and used on an equal basis

to increase indexing up to the full percentage increase and to fulfill the

requirements of

Article 8.1(

d) of the Agreement between the Province and the

Union dated June 22, 2005.

Determination of commuted value

28 The commuted value of a deferred pension shall

(

a) be calculated according to the recommended computation of minimum

transfer values of deferred pensions issued by the Canadian Institute of

Actuaries dated December 1987 or any subsequent recommendation of that

body; and

(

b) be acceptable under the Income Tax Act (Canada).

Calculation of interest

(1) The interest rate, for a given school year, attributable to interest payable in respect

of refunds of contributions, on which interest shall be calculated from August 1

following the end of the school year for which the contributions were made to the

date of payment of the refund, shall be at a rate equal to the average yield for the

12-month period ending on October 31 in the preceding calendar year, of the 5-year personal fixed term chartered bank deposit rate as determined from the

Canadian Socio-Economic Information Management (CANSIM) Series B 14045

published in the Bank of Canada Review, and shall be compounded annually.

(1A) The interest rate attributable to interest payable in respect of payments of

commuted values, on which interest shall be calculated from the effective date of

the commuted value to the date payment of the commuted value is made, shall be

at a rate equal to the rate used to calculate the commuted value.

(2) The interest rate, for a given school year, attributable to interest payable to the

Fund in respect of

(

a) contributions remitted by participating employers after the due date, on

which interest shall be calculated from the due date of the contributions to

the date the contributions are received in the Fund;

(

b) an actuarial transfer value, on which interest shall be calculated from the

effective date of the actuarial transfer value to the date payment of the

actuarial transfer value is made to the Fund; and

(

c) a repayment of a refund of contributions, on which interest shall be

calculated from the date that the refund of contributions was paid from the

Fund, to the date the repayment is made to the Fund,

(

d) an amount required to be paid under clause 12A(

b) or subsection 31(4A),

shall be equal to the nominal interest rate assumed in the most recent

Actuarial Valuation Report of the Pension Plan.

Cash payment of small pensions

30 If the annual pension is less than 2% of the Y.M.P.E. in the last year of service of the

member in respect of a service pension payable under

Part IV, or less than 2% of the

Y.M.P.E. at the date of death in respect of a survivor pension payable under

Section 21,

the person entitled to the pension may elect to receive a lump sum payment of the

commuted value of the pension instead of a pension.

Part X - Purchase of Pensionable Service

Eligible purchases

(1) If a member was absent from duty on unpaid sick leave, having previously used all

paid sick leave to which the member was entitled, and was subsequently re-employed for not fewer than 50 days in a school year, the member may purchase a

period of pensionable service equal to the period of absence, or to a maximum as

set out in subsection 31(2).

(1A) Despite subsection 1, a member who commences receiving benefits under a

long-term disability plan on or after August 1, 2014 may purchase a period of

pensionable service equal to the period during which the member was absent from

duty on unpaid sick leave without being subsequently re-employed for a period of

not fewer than 50 days in a school year.

(1B) If a member was absent from duty on leave other than unpaid sick leave, the

member may purchase a period of pensionable service equal to the period of

absence, or to a maximum as set out in subsection 31(2). Categories of leave for

the purpose of this subsection shall include:

(

a) maternity leave;

(

b) adoption leave;

(

c) parental leave;

(

d) study leave;

(

e) absence to take an academic or professional course of study or to engage in

an activity approved by the Plan administrator as an equivalent;

(

f) layoff; or

(

g) compassionate care leave; or

(

h) any leave of absence not otherwise specified under this subsection or

subsection 31(1).

(2) The maximum amounts of pensionable service that may be purchased under

subsection (1) are:

(

a) for maternity leave, 85 days;

(

b) for adoption leave, 175 days;

(

c) for parental leave, 175 days;

(

d) for study leave, 2 years;

(

e) for an absence for taking an academic or professional course of study or for

engaging in some activity considered by the Plan administrator to be the

equivalent, 2 years;

(

f) for unpaid sick leave, no limit;

(

g) for layoff, 2 years;

(

h) for compassionate care, the maximum period permitted under the

Employment Insurance Act (Canada) for employment insurance

compassionate care benefits;

(

i) for any leave of absence not otherwise specified in this subsection, the

maximum period permitted pursuant to the Income Tax Act (Canada).

(3) The aggregate of the periods referred to in subsection (2) shall not exceed the

limits in the regulations prescribed under the Income Tax Act (Canada).

(4) For the purposes of subsection (1), the member shall pay as contributions the

following percentage of actuarial cost of the pensionable service, as determined by

the Teachers’ Pension Board from time to time on the advice of the actuary:

(

a) for maternity leave, 50%;

(

b) for adoption leave, 100%;

(

c) for parental leave, 100%;

(

d) for study leave, 50%;

(

e) for an absence for taking an academic or professional course of study or

engaging in an activity approved by the Plan administrator as an equivalent,

50%;

(

f) for unpaid sick leave, 50%;

(

g) for layoff, 100%;

(

h) for compassionate care, 100%;

(

i) for any leave of absence not otherwise specified in this subsection, 100%.

(4A) Notwithstanding subsection (4), where a member was absent from duty for any of

the reasons set out in subsection (1) for a period which commenced on or after

August 1, 2004, the member may purchase pensionable service equal to the period

of absence by making the contributions the member would have made had they not

been absent, at the percentages provided in subsection (4B), together with interest

at the rates prescribed in subsection 29(2), provided the member pays the required

amount within twelve months of the end of the period of absence.

(4B) For the purposes of subsection (4A) the contribution percentages are as follows:

(

a) for maternity leave, 100%;

(

b) for adoption leave, 200%;

(

c) for parental leave, 200%;

(

d) for study leave, 100%;

(

e) for an absence for taking an academic or professional course of study or

engaging in an activity approved by the Plan administrator as an equivalent,

100%;

(

f) for unpaid sick leave, 100%;

(

g) for layoff, 200%;

(

h) for compassionate care, 200%;

(

i) for any leave of absence not otherwise specified in this subsection, 200%.

(4C) Notwithstanding the requirement in subsection (1) that the member be

subsequently re-employed for not fewer than 50 days in a school year after the

absence from duty, the member may make contributions pursuant to subsection

time to time by the Plan administrator provided that they shall only be given credit

for the period of absence after they have been subsequently re-employed for not

fewer than 50 days in a school year after the absence from duty.

(5) For greater certainty, a member may, subject to subsection (2), purchase all or part

of any period listed in subsection (1) and on payment of the required contributions,

the member shall be credited with the amount of pensionable service so purchased.

(6) Where a member employed by an education entity, the Union, or the Canadian

Teachers’ Federation

(

a) is required to pay 50% of the actuarial cost pursuant to subsection (4), the

Minister shall pay the remaining 50%; or

(

b) is required to pay 100% of the contributions pursuant to subsection (4A),

the Minister shall pay an equal amount.

(7) Where a member employed by a participating employer other than one set out in

subsection (6)

(

a) is required to pay 50% of the actuarial cost pursuant to subsection (4), the

participating employer shall pay the remaining 50%; or

(

b) is required to pay 100% of the contributions pursuant to subsection (4A),

the participating employer shall pay an equal amount.

(1) Subject to the Income Tax Act (Canada), a member whose interest is vested may

make contributions to the Fund in payment of the purchase of an equal period of

pensionable service for any period of

(

a) service as a teacher in any public or private school in Canada recognized by

the Minister of Education and Early Childhood Development, if the person

while teaching held a teacher’s certificate or permit or subsequently

obtained a teacher’s certificate or permit;

(

b) service as an instructor or teacher in a post secondary educational institution

in Canada if the person while teaching held a teacher’s certificate or permit

or subsequently obtained a teacher’s certificate or permit;

(

c) service in accordance with the Public Service Superannuation Act pursuant

to subsection 34(3).

(2) For purposes of subsection (1), the member shall make contributions equal to

100% of the actuarial cost of the pensionable service being purchased, as

determined by the Plan administrator on the advice of the actuary.

33 Where payment is made by a participating employer to a member who is on a leave of

absence approved by the participating employer where the leave is a sabbatical for travel

and study of not more than 2 years, the participating employer shall remit to the Fund for

the member with respect to that period the amounts that would have been paid to the

Fund if the member was employed by the participating employer at the salary that the

member would have received were the member not on the leave of absence.

Reciprocal transfer agreements

(1) Subject to the approval of the Trustee, the Plan administrator may enter into

reciprocal transfer agreements with other pension authorities regarding the

recognition of pensionable service with a previous employer and the transfer of

funds from one pension plan to another pension plan, provided that the Plan shall

receive funds equal to the actuarial liability assumed by it on recognition of

pensionable service with a previous employer.

Public Service Superannuation Plan

(2) (

a) If a member terminates employment and is subsequently employed in

accordance with the Public Service Superannuation Act , each year of

pensionable service under the Plan shall count as a year of service under the

Public Service Superannuation Act if there is transferred to the Public

Service Superannuation Fund from the Fund a sum equal to the actuarial

cost to the Public Service Superannuation Plan of the transferred service as

determined by the actuary of that plan.

(

b) If the amount transferred to the Public Service Superannuation Fund is less

than the actuarial cost of the transferred service as determined under clause

(a), the amount of pensionable service credited to the member under the

Public Service Superannuation Plan shall be the amount of transferred

service prorated according to the ratio that the amount paid or transferred to

the Public Service Superannuation Fund is to the actuarial cost of the total

amount of transferred service.

(

c) The person specified in clause (

a) may elect to pay directly to the Public

Service Superannuation Fund, at the same time as the transfer from the

Fund is made, part or all of the difference between the amount transferred

from the Fund and the amount required by the Public Service

Superannuation Fund under clause (b), and in doing so shall be given credit

for the corresponding pensionable service in the Public Service

Superannuation Plan.

(3) (

a) If a member of the Public Service Superannuation Plan terminates

employment and is subsequently employed in accordance with the Plan,

each year of pensionable service in the Public Service Superannuation Plan

shall count as a school year of employment for the purposes of the Plan if

there is transferred to the Fund from the Public Service Superannuation

Fund a sum equal to the actuarial cost of the transferred service under the

Plan as determined by the actuary.

(

b) If the amount transferred to the Fund is less than the actuarial cost of the

transferred service as determined under clause (a), the amount of

pensionable service credited to the member under the Plan shall be the

amount of transferred service prorated according to the ratio that the amount

transferred to the Fund is to the actuarial cost of the total amount of

transferred service.

(

c) The person specified in clause (

a) may elect to pay directly to the Fund, at

the same time as the transfer from the Public Service Superannuation Fund

is made, part or all of the difference between the amount transferred from

the Public Service Superannuation Fund and the amount required by the

Fund under clause (

b) and in doing so shall be given credit for the

corresponding pensionable service in the Plan.

Part XI - General

Information to members

(1) The Plan administrator shall provide,

(

a) to a member on becoming eligible for membership in the Plan, a written

explanation of the Plan and the rights and obligations of the member under

the Plan;

(

b) within 6 months of the fiscal year end of the Plan, an annual statement to

each member reporting the member’s current and accumulated

contributions, the accrued benefits available to the member, and an

explanation of any Plan amendments made during the fiscal year that affect

the member’s rights or obligations under the Plan;

(

c) within 30 days after receiving notification of the date of retirement or

termination of employment of a member, a written statement to the member

explaining the member’s benefits; and

(

d) within 30 days after receiving notification of the date of death of a member

or a pensioner who was a former member, a written statement to the

surviving spouse or dependant explaining the benefits available from the

Plan.

(2) The Trustee shall annually make a report to members showing the condition of the

Fund.

(3) Once in each calendar year a member, a member’s spouse, or, if authorized in

writing by the member or the spouse, the agent of the member or the spouse may

examine Plan documents or order a photocopy of any Plan documents and the Plan

administrator shall provide copies of the requested Plan documents on receiving

payment of reasonable fees as determined by the Plan administrator.

Assignment, surrender, and commutation

(1) No benefit under the Plan shall be assigned, charged, anticipated, given as security

or surrendered, nor shall such benefit be subject to garnishment, attachment,

seizure or any legal process.

(2) For greater certainty, for the purposes of subsection (1) a benefit does not include a

refund of contributions or interest payable with respect to the refund of

contributions.

(3) For greater certainty, an assignment referred to in subsection (1) does not include

(

a) an assignment of pension credits to a spouse under a decree, order or

judgment of a competent tribunal arising from the breakdown of the

marriage or other relationship in accordance with the Matrimonial Property

Act ;

(

b) an assignment by the legal representative of a deceased person on the

distribution of the deceased person’s estate;

(

c) an assignment as a result of a garnishment order issued under the

Maintenance Enforcement Act .

(4) Where pension benefits are attached as a result of an order issued pursuant to the

Maintenance Enforcement Act , the total value of the pension benefits payable

separately to the member or former member and to the recipient of benefits under

such order shall not exceed the value of the pension benefits that would have been

otherwise payable to the member or former member had such order not been

issued.

(5) For greater certainty, a surrender referred to in subsection (1) does not include a

reduction in benefits made to avoid the revocation of the registration of the Plan by

Revenue Canada.

Proof requirements

(1) The Plan administrator may require any person or any participating employer to

provide the Plan administrator with any information that may be required to

substantiate, to the satisfaction of the Plan administrator, a claim for the

commencement or continuation of any benefits under the Plan, the accrual of any

rights under the Plan, or for the proper administration of the Plan including, but not

limited to,

(

a) certificates of birth, marriage, domestic partnership or death;

(

b) evidence of cohabitation in a conjugal relationship for the required period;

(

c) information or documentation relating to the health, teaching service,

remuneration, employment contracts and discharge, or termination of

employment, of a member, and each person or participating employer shall

comply with a directive of the Plan administrator requesting such

information.

(2) If a person or participating employer fails to provide the documentation or

information required pursuant to subsection (1), the Plan administrator may delay

commencement of payments of benefits, suspend payment of benefits that have

commenced, or suspend the accrual of rights under the Plan, as applicable, until the

person or participating employer complies with the documentation or information

requirements.

Payments to pensioners incapable of managing their own affairs

(1) Despite

Section 36, if the Plan administrator is presented with satisfactory evidence

that a pensioner receiving a pension under this Plan is incapable of managing his or

her own affairs, the Plan administrator may direct that any pension payable to that

pensioner shall be made payable to the spouse of the pensioner, or to another

member of the pensioner’s family or household, or to another person whom the

Plan administrator considers to be qualified to administer the pension in the best

interests of the pensioner, and, the receipt of payments by the designated person

shall be a sufficient discharge of the obligations of the Fund relating to that

payment.

(2) Payments under subsection (1) shall not be made unless the payee indemnifies the

Plan for the payment.

Reduced life expectancy

(1) Where a pensioner establishes, by a written statement to the Plan administrator

from a medical doctor licensed to practice in Canada, that the life expectancy of

the pensioner is considerably shorter than the life expectancy for persons of

comparable age and gender according to the Canada Life Tables published by

Statistics Canada, as updated from time to time, and the pensioner makes a written

request for an equivalent lump sum payment in lieu of a pension or other benefits

under the Plan, the Plan administrator may direct that an actuarial equivalent lump

sum settlement be paid to the pensioner.

(2) Subsection (1) does not apply to a pensioner who has a spouse, a child or children

under age 18, or a dependant.

Records requirements

(1) The Plan administrator shall keep all accounts and records that are necessary for

the administrative, actuarial and financial requirements of the Plan.

(2) The Plan administrator shall establish the forms to be used for purposes of the

Plan.

Pension entitlement upon a marriage breakdown

(1) In this Section,

(a) “court” means the Trial Division of the Supreme Court;

(b) “pension benefit earned during the marriage” means the pension benefit

earned by the member or former member during the period of

(

i) marriage,

(ia) domestic partnership, as defined under the Vital Statistics Act , or

(ii) cohabitation in a conjugal relationship of three years or more.

(2) Where a member or former member is entitled to a benefit, or where a former

member is receiving pension payments, and any of the following apply, the spouse

of the member or former member may apply to the court for a division of the

pension benefits earned during the marriage:

(

a) a petition for divorce is filed;

(

b) an application is filed for a declaration of nullity;

(

c) the member and the member’s spouse or the former member and the former

member’s spouse, as the case may be, have been living separate and apart

and there is no reasonable prospect of the resumption of cohabitation.

(3) The Court may, having regard to all the circumstances, order that the spouse of the

member or former member shall receive such proportion, not exceeding one-half,

of the pension benefit earned during marriage as the Court may order.

(4) Where, pursuant to this Section, a Court orders the division of a pension benefit

earned during the marriage,

(

a) the spouse is entitled to payment of a pension based on that division

commencing on

(

i) in the case of a member who is entitled to a benefit, the date on

which payment of a pension to the member commences, or the

normal retirement date of the member, whichever is earlier,

(ii) in the case of a former member who is receiving monthly pension

payments, the month following the effective date established in the

court order;

(

b) the spouse is entitled, upon the member exercising the right to transfer

pension benefits on termination of employment pursuant to

Part VIII of the

Plan, to require the plan administrator to pay the commuted value of the

spouse’s pension entitlement pursuant to that Part;

(

c) the estate of the spouse of the member or former member is entitled to a

refund of the contributions plus interest made in respect of that spouse’s

portion of the pension benefit earned during the marriage if the spouse dies

before receiving the pension;

(

d) a subsequent spouse of the spouse of a member or former member is not

entitled to any pension benefit or other benefit under the Plan;

(

e) the pension of the spouse is not affected by the death of the member or

former member;

(

f) the pension of the member or former member is not affected by the death of

the spouse;

(

g) the plan administrator shall provide information to the spouse pursuant to

Section 35.

(5) A Court order made pursuant to this

Section shall not entitle the spouse of the

member or former member to other pension benefits under the Plan.

(6) Nothing in this

Section precludes a division of assets pursuant to

Section 13 of the

Matrimonial Property Act in settlement of the value to either spouse of any

pension or other benefit under the Plan that, by reason of the termination of the

marriage relationship, that spouse will lose the chance of acquiring, and where

there is an unequal division upon such grounds, subsections (2) to (5) inclusive do

not apply.

(7) Where pension benefits of the member or former member are to be distributed to

the spouse pursuant to this Section, the total value of the pension benefits payable

separately to the member or former member and the spouse shall not exceed the

value of the pension benefits that would have been otherwise payable to the

member or former member had a marriage breakdown specified in subsection

(2) not occurred.

Amendment to avoid revocation of registration

42 Despite anything else in this Plan, the Plan may be amended and contributions refunded

or benefits reduced solely to avoid revocation of the Plan under the Income Tax Act

(Canada).

________________________________________________________________

Appendix 1— Rates of Adjustments for Inflation

to Pensions in Payment Prior to January 1, 1994

1 The amount of a pension that first became payable under the Plan during the periods set

forth below shall be increased by the percentage set forth opposite the said periods as

follows:

The years prior to January 1, 1961

20%

The period from Jan. 1, 1961 to Dec. 31, 1961, both dates inclusive

22%

The period from Jan. 1, 1962 to Dec. 31, 1962, both dates inclusive

20%

The period from Jan. 1, 1963 to Dec. 31, 1963, both dates inclusive

18%

The period from Jan. 1, 1964 to Dec. 31, 1964, both dates inclusive

16%

The period from Jan. 1, 1965 to Dec. 31, 1965, both dates inclusive

14%

The period from Jan. 1, 1966 to Dec. 31, 1966, both dates inclusive

12%

The period from Jan. 1, 1967 to Dec. 31, 1967, both dates inclusive

10%

The period from Jan. 1, 1968 to Dec. 31, 1968, both dates inclusive

The period from Jan. 1, 1969 to Dec. 31, 1969, both dates inclusive

The period from Jan. 1, 1970 to Dec. 31, 1970, both dates inclusive

The period from Jan. 1, 1971 to Dec. 31, 1971, both dates inclusive

2 The increases in pensions payable pursuant to

Section 1 shall be made after the

calculation of the amount of the pension has been made according to the Plan and the

increases shall be payable only in respect of pension payments made on and after January

1, 1972.

3 The amount of a pension payable under the Plan immediately before the dates set forth in

this

Section shall be increased on each of the particular dates by the percentage set forth

opposite the respective dates as follows:

January 1, 1973

January 1, 1974

January 1, 1975

January 1, 1976

April 1, 1976

January 1, 1977

January 1, 1978

January 1, 1979

January 1, 1980

January 1, 1981

January 1, 1982

January 1, 1983

January 1, 1984

January 1, 1985

January 1, 1986

January 1, 1987

January 1, 1988

January 1, 1989

4.1%

January 1, 1990

4.8%

January 1, 1991

4.8%

January 1, 1992

5.8%

January 1, 1993

1.8%

4 The increase payable on January 1, 1993 and in each subsequent year shall be prorated

according to the number of months in the preceding calendar year that the pension was

paid.

________________________________________________________________

Schedule “B”—

Schedule of Special Quarterly Payments Payable to the Fund by the

Province Commencing November 1, 1993 and Ending August 1, 2003

Payment Date

Payment Amount

01 Nov 1993

$2,500,000

01 Feb 1994

2,500,000

01 May 1994

2,500,000

01 Aug 1994

2,500,000

$10,000,000

01 Nov 1994

$2,687,500

01 Feb 1995

2,687,500

01 May 1995

2,687,500

01 Aug 1995

2,687,500

$10,750,000

01 Nov 1995

$2,889,063

01 Feb 1996

2,889,063

01 May 1996

2,889,063

01 Aug 1996

2,889,063

$11,556,250

01 Nov 1996

$3,105,742

01 Feb 1997

3,105,742

01 May 1997

3,105,742

01 Aug 1997

3,105,742

$12,422,969

01 Nov 1997

$3,338,673

01 Feb 1998

3,338,673

01 May 1998

3,338,673

01 Aug 1998

3,338,673

$13,354,691

01 Nov 1998

$3,589,073

01 Feb 1999

3,589,073

01 May 1999

3,589,073

01 Aug 1999

3,589,073

$14,356,293

01 Nov 1999

$3,858,254

01 Feb 2000

3,858,254

01 May 2000

3,858,254

01 Aug 2000

3,858,254

$15,433,015

01 Nov 2000

$4,147,623

01 Feb 2001

4,147,623

01 May 2001

4,147,623

01 Aug 2001

4,147,623

$16,590,491

01 Nov 2001

$4,458,695

01 Feb 2002

4,458,695

01 May 2002

4,458,695

01 Aug 2002

4,458,695

$17,834,778

01 Nov 2002

$4,793,097

01 Feb 2003

4,793,097

01 May 2003

4,793,097

01 Aug 2003

4,793,097

$19,172,387

Legislative History

Reference Tables

Teachers’ Pension Plan Regulations

N.S. Reg.

88/1999

Teachers’ Pension Act

Note: The

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

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

Source Law

The current consolidation of the Teachers’

Pension Plan Regulations made under the Teachers’ Pension

Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

88/1999

Mar 31, 1999

date specified

Sep 24, 1999

147/2001

Jul 1,

date specified

Dec

28, 2001

39/2001

Apr 4,

date specified

Apr

20, 2001

25/2002

Mar 5,

date specified

Mar

22, 2002

139/2002

Apr 1,

date specified

Nov

29, 2002

60/2006

Apr

24, 2006

date filed (not filed within 7 days)

May

12, 2006

387/2007

Sep

11, 2007

date filed (not filed within 7 days)

Sep

28, 2007

15/2009

Aug 1,

date specified

Feb 13,

16/2009

Aug 1,

date specified

Feb 13,

38/2009

Feb

19, 2009

date filed (not filed within 7 days)

Feb

27, 2009

39/2009

Feb

19, 2009

date filed (not filed within 7 days)

Feb

27, 2009

40/2009

Feb

19, 2009

date filed (not filed within 7 days)

Feb

27, 2009

41/2009

Feb

19, 2009

date filed (not filed within 7 days)

Feb

27, 2009

265/2009

Aug

21, 2009

date filed (not filed within 7 days)

Sep

11, 2009

160/2011

Apr 1,

date specified

Apr

22, 2011

161/2011

Apr 1,

date specified

Apr

22, 2011

135/2012

Apr 1,

date specified

Jul

13, 2012

136/2012

Jun 4,

date specified

Jul

13, 2012

224/2012

Dec 20,

date filed

Jan

11, 2013

40/2014

Mar

10, 2014

date specified

Apr 4,

93/2014

Aug 1,

date specified

Jul

11, 2014

94/2014

Aug 1,

date specified

Jul

11, 2014

206/2015

Mar

25, 2015

date specified

May

15, 2015

64/2018

Feb 1,

date specified

Apr

27, 2018

51/2019

Apr 1,

date specified

Apr

12, 2019

133/2020

Aug 1,

date specified

Oct 9,

45/2021

Aug 1,

date specified

Mar

26, 2021

140/2022

Aug 1,

date specified

Jul

15, 2022

82/2023

Aug 1,

date specified

Jun 2,

113/2024

Aug 1,

date specified

Jun

28, 2024

142/2025

Aug 1,

date specified

Aug 8,

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

1(2) ...................................................

am. 51/2019

2(2) ...................................................

am. 51/2019 (clause lettering removed)

2(2)(

a) defn . of “absent

from duty” ..................................................

rs . 39/2001

2(2)(

c) defn . of “actuarial

assumptions and methods” .......

rs . 60/2006

2( 2)( ca) defn . of “actuarial deficit” ..................................................

ad. 60/2006

2( 2)( cb ) defn . of “actuarial liabilities” ..................................................

ad. 60/2006

2(2)(

d) defn . of

“actuarial surplus” ..................................................

rs . 60/2006

2( 2)( da) defn . of “Actuarial Valuation Report” .....................................

ad. 60/2006

2( 2)( db ) defn . of “actuarial value” ..................................................

ad. 60/2006

2(2)(

e) defn . of “actuary” ............

rs . 60/2006

2(2)(

f) defn . of

“Administrator” .

rs . 60/2006

2( 2)( ra ) defn . of “indexing” ........

ad. 60/2006

2(2), defn . of “long-term

disability plan” .........................................

ad. 51/2019

2(2), defn . of “medical

consultant” ..................................................

am. 51/2019

2(2)(

w) defn . of

“Minister” .........

am. 64/2018

2(2)(

y) defn . of

“participating employer”, (iv) .........................

rep. 64/2018

2(2), defn . of “participating

employer”, (i) ...........................

am. 51/2019

2(2), defn . of “ Pension

Benefits Act ” ..................................................

am. 51/2019

2( 2)( af1) defn . of “period of reduced service” ....................................

ad. 147/2001

2( 2)( af2) defn . of “permanent contract” ...................................

ad. 224/2012

2(2), defn . of “permanent

contract” ..................................................

am. 51/2019

2( 2)( al) defn of “spouse” ............

am. 64/2018

2( 2)( al) defn of “spouse ” , (iii) ...

am. 64/2018

2( 2)( al) defn of “spouse ” , ( iiia ) ..

ad. 64/2018

2( 2)( al1) defn . of “substitute teacher” ..................................................

ad. 224/2012

2(2), defn . of “substitute

teacher”

am. 51/2019

2( 2)( ana) defn . of “Trustee” ........

ad. 60/2006

2(2), defn . of “teacher” ...............

am. 51/2019

2( 2)( anb ) defn , of “Teachers’ Pension Board” ......................................

ad. 64/2018

3(1) ...................................................

am. 51/2019

3(1)(a) ..........................................

am. 51/2019

3(2A) ................................................

ad. 51/2019 ; am. 45/2021,

140/2022, 82/2023, 113/2024, 142/2025

3(2B) .................................................

ad. 45/2021 ; am. 140/2022,

82/2023, 113/2024, 142/2025

4(2A) ................................................

ad. 147/2001 ; rs .

387/2007, 16/2009, 39/2009, 41/2009, 161/2011, 40/2014; am. 64/2018

4(2 A)( a)-(c) .................................

am. 64/2018

4(2 A)( d) ......................................

rep. 64/2018

5(1) ...................................................

am. 39/2001

5(2) ...................................................

rep. 39/2001 ;

ad. 93/2014

5(2 A)-( 2B) ........................................

ad. 93/2014

5(2 C)-( 2D) ........................................

ad. 94/2014 ; am 51/2019

5(3)(a) ...............................................

rs . 94/2014; am. 51/2019

5(3)(b) ...............................................

rs . 94/2014

6(1)(a) ...............................................

rs . 265/2009

6(1)(d) ...............................................

ad. 147/2001 ; rs . 39/2009; rep. 41/2009

8(1)-(2) .............................................

rs . 265/2009

9(2)(d) ...............................................

ad. 147/2001

10(2) .................................................

am. 51/2019

11(1) .................................................

am. 51/2019

11(1A) ..............................................

ad. 51/2019 ; am. 133/2020,

45/2021, 140/2022, 82/2023, 113/2024, 142/2025

11(2) .................................................

am. 51/2019, 133/2020

11(2)(a)-(b) ..................................

am. 51/2019

11(2A) ..............................................

ad. 51/2019 ; am. 133/2020,

45/2021, 140/2022, 82/2023, 113/2024, 142/2025

11(2B) ...............................................

ad. 133/2020 ; am. 45/2021,

140/2022, 82/2023, 113/2024, 142/2025

11(3) .................................................

am. 51/2019 11

11(4) .................................................

rs . 136/2012; am. 51/2019

11(4)(a)-(b) ..................................

am. 51/2019

11(4A) ..............................................

ad. 51/2019 ; am. 133/2020,

45/2021, 140/2022, 82/2023, 113/2024, 142/2025

11(4 A)( a) .....................................

am. 113/2024

11(4B) ...............................................

ad. 133/2020 ; am. 45/2021,

140/2022, 82/2023, 113/2024, 142/2025

11(5) .................................................

ad. 136/2012

12(1)(b) .............................................

am. 39/2001

12(1A) ..............................................

ad. 224/2012

12(3)(a) .............................................

am. 64/2018

12A ...................................................

ad. 147/2001 ; rep. 39/2009

13 ......................................................

ra. as 13(1) 25/2002

13(1) ............................................

ra. from 13 25/2002 ; rs .

160/2011, 135/2012

13(2) ............................................

ad. 25/2002 ; am. 64/2018

16(1) .................................................

rs . 135/2012

16(1A) ..............................................

ad. 135/2012

16(2) .................................................

rs . 160/2011, 135/2012

16(3)-(5) ...........................................

ad. 160/2011 ; rs . 135/2012

17(1)-(2) ...........................................

rs . 206/2015

17(2A) ..............................................

ad. 94/2014 ; rep. 206/2015

17(4) .................................................

rs . 160/2011, 135/2012

17(7) .................................................

ad. 160/2011 ; ad. 135/2012 4

18(2)( a)( ia ) .......................................

ad. 51/2019

18(2)(b) .............................................

am. 64/2018; am. 51/2019

19(4)-(6) ...........................................

ad. 160/2011 ; rs . 135/2012

19(7) .................................................

ad. 135/2012

20(b) .................................................

am. 25/2002; rs . 64/2018

21(8) .................................................

am. 39/2001

21(12)(a) ...........................................

am. 25/2002; rs . 64/2018

21(12)(b)(ii) ......................................

am. 25/2002; rs . 64/2018

21A ...................................................

ad. 139/2002

21 A( 3) .........................................

am. 60/2006

21 A( 6) .........................................

am. 64/2018

21 A( 19) .......................................

am. 64/2018

25(1) .................................................

rs . 136/2012

25(4)(a) .............................................

rs . 136/2012

27 ......................................................

rs . 60/2006

27A-27C ...........................................

ad. 60/2006

29(1) .................................................

am. 39/2001; rs . 64/2018

29(1A) ..............................................

ad. 64/2018

29(2) .................................................

am. 25/2002, 60/2006

29(2)(d) .......................................

ad. 147/2001 ; rs . 38/2009

31(1) .................................................

rs . 40/2009

31(1)(a) ........................................

ra. as 31(1) 64/2018

31( 1)( aa) 7 ....................................

ad. 94/2014 ; ra. as 31(1A) 64/2018

31(1)(b) .......................................

ra. as 31(1B) 64/2018 8

31(1)(b)(7) ...............................

rs . 15/2009

31(1)(b)(8) ...............................

ad. 15/2009

31(1)(c) ........................................

am. 39/2001

31(1)(h) .......................................

ad. 39/2001

31(1) .................................................

ra. from 31(1)(a) 64/2018

31(1A) ..............................................

ra. from 31( 1)( aa) 7 64/2018 ; am. 64/2018; am. 51/2019

31(1B) ...............................................

ra. from 31(1)(b) 64/2018 8 ; am. 64/2018

31(2)(b) .............................................

am. 39/2001

31(2)(c) .............................................

rs . 39/2001

31(2)(f) ...............................

Document details

Collection	Nova Scotia — Regulations
Citation	N.S. Reg. 88/1999
Date	1999-01-01
Type	regulation
Volume / chapter	just regulations regs tplanreg.htm
Language	en
Format	htm
Source	PROVINCIAL
Identifier	df56cdac559518c726d1576319ac67a3b3dca34d

Source file is stored in the law ingest library (htm).

these regulations (N.S. Reg. 88/1999) (just regulations regs tplanreg.htm)

Part II .

Table of Contents

Part I -

Interpretation

Interpretation

Definitions

Part II - Participation in the Plan

Part III - Contributions

Part IV - Retirement Eligibility

Part V - Service Pensions

Part VI - Disability Pensions

Part VII - Survivor Pensions and other Death Benefits

Non-application of

Section

Interpretation

Part VIII - Deferred Pensions, Transfers and Refunds

Part IX - Benefits and Payments

Definitions for Sections 27 to 27C

Part X - Purchase of Pensionable Service

Part XI - General

Schedule “B”—

Schedule of Special Quarterly Payments Payable to the Fund by the Province

Part I -

Interpretation

Interpretation

Definitions

Section 28;

Part IV;

Part VI;

Section 3 and includes a person who has pensionable service in the Plan for which

Part V;

Section 52 of the Vital

Part II - Participation in the Plan

Section 34.

Part III - Contributions

Section 29;

Part VII; or

Section 5.

Part IV - Retirement Eligibility

Section 12, payable in equal monthly installments effective on the

Section 12, shall be reduced by 5% for each year,

Part V - Service Pensions

Section 9(1) to a member who

Section 9, 14 or 15

Part VI - Disability Pensions

Section 17, be entitled to a partial disability pension during the member’s lifetime.

Section 17, be entitled to a total

Section 14 shall be calculated

Section 12, reduced by 0.25%

Section 14 shall not exceed the amount calculated pursuant to the service pension

Section 12, determined as if the bridge benefit under clause

Part VII on the death of a member in receipt of a

Part VII shall be deemed to include

Section 14, a pensioner who is receiving a partial disability pension

Section 15, a pensioner who is receiving a total disability pension

Section, and who terminated employment with a participating employer and

Section 14, a partial disability pension shall not be granted

Section 7 or

Section 7 or

Part VII - Survivor Pensions and other Death Benefits

Section 29, shall be paid in a

Part V if a service pension had been granted on the date of

Section 19.

Section 19.

Section 21 has ceased

Section 29, shall be paid to

Section 29, then the difference between the total of

Section 9 calculated in

Section 12.

Section 12 and subsection 21(1).

Section 21.

Section

Non-application of Section

Section does not apply to a person who is eligible for, or in receipt of, a

Interpretation

Section 25.

Section has effect on, from and after the 1st day of April, 2003.

Part VIII - Deferred Pensions, Transfers and Refunds

Section 23; or