BILL 64
An Act Respecting
the Members’ Pension Act and the Members Superannuation Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
Members’
Pension Act
1(1) Section 13 of the Members’ Pension
Act, chapter M-7.1 of the Acts of New Brunswick, 1993, is amended
(a) in subsection
(1) in the portion preceding paragraph (a) by striking out “subsections
(2), (3) and (4)” and substituting “subsections (1.1), (1.2), (1.3),
(2) and (4)”;
(b) by adding
after subsection (1) the following:
13(1.1) Where a person described in subsection (1) dies within one
year after the date of his or her marriage, no surviving spouse’s
pension is payable to his or her surviving spouse unless the Minister
considers it would be just and reasonable in the circumstances for
the surviving spouse to be paid a surviving spouse’s pension.
13(1.2) Subsection (1.1) applies whether the marriage occurs before,
on or after the commencement of this subsection.
13(1.3) For the purposes of subsection (1.1), the surviving spouse
must show the Minister that the marriage was entered into in good
faith.
(c) by repealing
subsection (3).
1(2) The
Act is amended by adding after section 14.1 the following:
Annual adjustment
of deferred pension
14.2(1) The following definitions apply in this section.
“Consumer Price Index” means
Consumer Price Index as defined in subsection 14.1(1). (indice des prix à la consommation)
“pension index” means pension
index as defined in subsection 14.1(1). (indice de pension)
14.2(2) Where, on or after January 1, 2007, the payment of an annual
pension is deferred under subsection 10(1), the amount of the pension shall be adjusted in accordance with
subsection (4) until the time of payment of the pension.
14.2(3) Where, on or after January 1, 2007, the payment of a minister’s
pension is deferred under subsection 11(2), the amount of the pension shall be adjusted in accordance with
subsection (4) until the time of payment of the pension.
14.2(4) The amount of a pension referred to in subsection (2) or (3)
shall be adjusted as of the first day of each year, beginning on January
1, 2007, by multiplying the amount of the pension that would have
been payable for that year if no adjustment had been made under this
subsection with respect to that following year, by the ratio that
the pension index for that year bears to the pension index for the
preceding year or 1.06, whichever is the lesser.
14.2(5) Notwithstanding subsection (4), the first adjustment under subsection
(4) shall be the amount determined by multiplying the increase, if
any, that would otherwise be payable under subsection (4) by a fraction
the denominator of which is 12 and the numerator of which is equal
to the number of months following the month in which the person ceased
to be a member or minister, as the case may be, in the year preceding
the year in which the first adjustment is made.
14.2(6) Notwithstanding subsection (4), any increase in the amount of
pension payable under this Act by virtue of any adjustment made under
subsection (4) relating to any period before January 1, 2007, shall
be implemented
(a) so as to be effective January 1,
2007, and
(b) without any retroactive payment
being made in respect of any period before January 1, 2007.
1(3) Subsection
20.1(8) of the Act is amended by striking out “Subject to subsection
(9), a” and substituting “A”.
1(4) The
Act is amended by adding after section 29.01 the following:
Annual adjustment
of deferred supplementary allowance
29.02 Section 14.2 applies with the necessary modifications to a supplementary allowance
referred to in section 21 or 23.
Members Superannuation
Act
2(1) The Members Superannuation Act, chapter
M-8 of the Revised Statutes, 1973, is amended by adding before section
3 the following:
PART 1
BENEFITS
2(2) The
Act is amended by adding after section 22 the following:
PART 2
ALLOWANCE FOR SURVIVING SPOUSES
Allowance payable to a surviving
spouse
23(1) Subject to subsections (2) to (7),
upon the death of a person who was receiving an annual pension prior
to the date of his or her marriage to his or her surviving spouse,
that surviving spouse is entitled to receive immediately an allowance
equal to one-half the amount calculated under sections 11 and 12.
23(2) A surviving spouse who is entitled
to a surviving spouse’s pension is not entitled to an allowance
under this Part.
23(3) Where a person described in subsection (1) dies within one year
after the date of his or her marriage, no allowance is payable to
his or her surviving spouse unless the Minister considers it would
be just and reasonable in the circumstances for the surviving spouse
to be paid an allowance.
23(4) Subsection (3) applies whether the marriage occurs before, on
or after the commencement of this subsection.
23(5) For the purposes of subsection (3), the surviving spouse must
show the Minister that the marriage was entered into in good faith.
23(6) A children’s pension is not payable at the same time as
an allowance is being paid to a surviving spouse.
23(7) A children’s pension is payable upon the death of a surviving
spouse who was receiving an allowance under this Part.
Allowance payable out of
the Consolidated Fund
24 An allowance payable under this Part shall be paid out of the Consolidated
Fund.
Annual
adjustment of allowance
25 Section 10.5 applies with the necessary
modifications to an allowance under this Part, except that the reference
to “December 31, 1996” in subsection 10.5(1) shall be read as a reference to “December
31, 2006” and the references to “January 1, 2001”
in subsections 10.5(1) and (3) shall
be read as references to “January 1, 2008”.
Division of allowance on
marriage breakdown
26 Section 20.01 and any regulation
made under section 20.02 apply with
the necessary modifications to an allowance under this Part.
Payment of allowance
27 Except as otherwise provided in this Part, an allowance payable under
this Part shall be paid at the same time, in the same manner and under
the same terms and conditions as a surviving spouse’s pension
is or would be payable under Part 1, and the provisions of Part 1
apply, with the necessary modifications, in relation to the payment
of an allowance payable under this Part.
COMMENCEMENT
3 Subsections 1(2) and (4) of this Act shall
be deemed to have come into force on January 1, 2007.