BILL 46
An Act to Amend the Public Service Superannuation Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection 1(1) of the Public Service Superannuation Act, chapter P-26 of the Revised Statutes, 1973, is amended
(a)  by repealing the definition “disabled” and substituting the following:
“disabled” means, in relation to a contributor, suffering from a physical or mental impairment that prevents the contributor from engaging in any employment for which the contributor is reasonably suited by virtue of the contributor’s education, training or experience and that can reasonably be expected to last for the remainder of the contributor’s lifetime; (invalide)
(b)  by repealing the definition “salary” and substituting the following:
“salary” means the compensation received by a person for the performance of the regular duties of a position or office and, where applicable, includes prescribed amounts under the definition “compensation” in subsection 147.1(1) of the Income Tax Act (Canada) that are related to disability and eligible periods of reduced pay and temporary absences and, subject to the regulations, where a person receives only a portion of his or her salary for a period, he or she is deemed, for the purpose of calculating his or her pension contributions, to have received the full salary for that period; (traitement)
2 Section 3.2 of the Act is amended by striking out “annual maximum deductible contributions” and substituting “annual maximum permissible contributions”.
3 Subparagraph 4(1)(b)(ii) of the Act is amended
(a)  by repealing clause (A.1);
(b)  by repealing clause (A.3) and substituting the following:
(A.3) with respect to service performed and credited after 1991, any period of such service during which the contributor was employed in full time employment with the Government of Canada, including any Crown corporation or agency of that Government, or with the Government of a Province or Territory of Canada, during which he or she was a person required to contribute under the Public Service Superannuation Act (Canada) or under any similar legislation of the Province or Territory of Canada specified by regulation, as the case may be, and in respect of which the contributor has received a return of contributions, if the period of such service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service an amount equal to twice the amount he or she would have been required to pay had he or she been a contributor during that period but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date,
(c)  by adding after clause (A.7) the following:
(A.8) with respect to service performed before 1992 and credited after 1991, any period of such service in respect of which the contributor has received, from the same employer as his or her current employer or a predecessor employer of his or her current employer, any amount by way of a return of contributions and interest upon cessation of employment, if he or she elects to pay in respect of that period of service an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date,
(d)  by repealing clause (B) and substituting the following:
(B) with respect to service performed and credited after 1991, any period of such service in respect of which the contributor has received any amount by way of a return of contributions and interest under this Act, the Superannuation Act, the Teacher’s Act or the Teachers’ Pension Act, if the period of such service is in accordance with subparagraph 8503(3)(a)(i) or (v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date,
(e)  by repealing clause (C.1) and substituting the following:
(C.1) with respect to service performed and credited after 1991, any period of such service during which the contributor served as a member of the Legislative Assembly, but in respect of which he or she is not entitled to a pension under the Members Superannuation Act or the Members’ Pension Act, if the period of service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date,
4 Section 7 of the Act is amended by adding after subsection (3) the following:
7(3.01) Notwithstanding subsection (3), the total amount of any pension calculated under subsection (3) shall not exceed the amount permitted under paragraph 8503(2)(b) of the Income Tax Regulations under the Income Tax Act (Canada).
5 Section 7.1 of the Act is repealed.
6 Subsection 10(2.1) of the Act is amended by striking out “clause 4(1)(b)(ii)(A), (B) or (C.1)” and substituting “clause 4(1)(b)(ii)(A) or (A.8)”.
7 Section 10.4 of the Act is amended
(a)  by renumbering the section as subsection 10.4(1);
(b)  by adding after subsection (1) the following:
10.4(2) An annual allowance under paragraph (1)(b) is subject to paragraph 8503(3)(c) of the Income Tax Regulations under the Income Tax Act (Canada).
8 Section 10.5 of the Act is amended
(a)  by renumbering the section as subsection 10.5(1);
(b)  by adding after subsection (1) the following:
10.5(2) An annual allowance under paragraph (1)(b) is subject to paragraph 8503(3)(c) of the Income Tax Regulations under the Income Tax Act (Canada).
9 Section 10.9 of the Act is amended by striking out “the age of seventy-one” and substituting “the age prescribed in clause 8502(e)(i)(A) of the Income Tax Regulations under the Income Tax Act (Canada)”.
10 Section 11 of the Act is amended by adding after subsection (9) the following:
11(10) Notwithstanding subsections (1) to (4), the total of a surviving spouse’s pension and any additional allowance under subsections (1) to (4) shall not exceed the amounts permitted under paragraphs 8503(2)(d) and (e) of the Income Tax Regulations under the Income Tax Act (Canada).
11 Section 12 of the Act is repealed and the following is substituted:
Children’s pension
12(1) Where a contributor who had to the contributor’s credit 5 or more years pensionable service dies without leaving a surviving spouse or where a surviving spouse’s pension ceases under subsection 11(5), a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid under section 11 is to be paid in equal shares to the children of the contributor who, at the time of the contributor’s death, are both dependent on the contributor for support and
(a)  under 19 years of age and will not attain the age of 19 years in the calendar year that includes that time,
(b)  under 25 years of age and will not attain the age of 25 years in the calendar year that includes that time and who are in full-time attendance at an educational institution, or
(c)  dependent on the contributor by reason of mental or physical infirmity.
12(2) Where a children’s pension is payable under this section, it is to be paid to the person having custody and control of the child and where there is no such person, it is to be paid to the child or to such other person as the Minister directs.
12(3) A children’s pension ceases to be payable
(a)  in the case of a child described in paragraph (1)(a), on December 31 of the calendar year in which the child attains the age of 18 years,
(b)  in the case of a child described in paragraph (1)(b), when the child attains the age of 25 years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c)  in the case of a child described in paragraph (1)(c), if the child ceases to be infirm.
12(4) Notwithstanding subsections (1) to (3), the total of a children’s pension under this section shall not exceed the amounts permitted under paragraphs 8503(2)(d) and (e) of the Income Tax Regulations under the Income Tax Act (Canada).
12 Section 13 of the Act is repealed and the following is substituted:
Pension for dependant of contributor
13(1) Where a contributor who had to the contributor’s credit 5 or more years pensionable service dies without leaving a surviving spouse or children or where a surviving spouse’s pension or a children’s pension is no longer payable under this Act, the Lieutenant-Governor in Council may grant to a person, who, being a member of the contributor’s family and a “dependant” of the contributor as defined in subsection 8500(1) of the Income Tax Regulations under the Income Tax Act (Canada), was at the time of the death of the contributor wholly or partly dependent upon the contributor’s earnings, a pension in an amount not exceeding the amount of the surviving spouse’s pension that was being paid or could have been paid under section 11.
13(2) A pension referred to in subsection (1) shall end no later than at the end of the person’s “eligible survivor benefit period” as defined in subsection 8500(1) of the Income Tax Regulations under the Income Tax Act (Canada).
13 Section 19 of the Act is repealed and the following is substituted:
Protection of interests and rights
19(1) Subject to subsection (2), the interest or right of any person in the Superannuation Account and his or her entitlement to any benefit under this Act are not subject to garnishment, attachment, seizure or any legal process except in respect of a failure by that person to account for public money.
19(2) A benefit paid out of the Superannuation Account, other than a benefit referred to in section 20, is subject to garnishment, attachment, seizure or any legal process in satisfaction of an order for support or maintenance made in favour of a spouse or child and enforceable in the Province, whether the order is made before, on or after the commencement of this subsection, to a maximum of 50% of the benefit.
19(3) If a benefit has been divided between a contributor and his or her spouse under section 19.1, then subsection (2) does not apply to any order for support or maintenance made in favour of that spouse.
19(4) Subsection (3) applies whether the benefit is divided before, on or after the commencement of subsection (3) and whether the order is made before, on or after the commencement of subsection (3).
19(5) The interest or right of any person in the Superannuation Account and his or her entitlement to any benefit under this Act are not capable of being assigned, charged, anticipated, given as security or surrendered.
19(6) For the purposes of subsection (5),
(a)  assignment does not include
(i) assignment pursuant to a decree, order or judgment made by a competent tribunal on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a contributor or former contributor is or may be entitled to under this Act,
(ii) assignment pursuant to a written agreement, entered into on or after January 1, 1997, in settlement of rights arising as a consequence of the breakdown of a marriage between a contributor and the contributor’s spouse or former spouse, or
(iii) assignment by the legal representative of a deceased contributor on the distribution of the contributor’s estate, and
(b)  surrender does not include a reduction in benefits to avoid the revocation of the registration of the pension plan provided for in this Act.
14 Subsection 21(5) of the Act is amended by adding “and if that amount is transferred from a registered pension plan, deferred profit sharing plan or registered retirement savings plan of that person” after “the date of the payment by the Minister”.
COMMENCEMENT
15(1) Paragraph 3(a) of this Act shall be deemed to have come into force on January 1, 1996.
15(2) Paragraphs 3(b), (c), (d) and (e) and section 6 of this Act come into force on a day or days to be fixed by proclamation.
15(3) Section 9 of this Act shall be deemed to have come into force on January 1, 1997.
EXPLANATORY NOTES
Section 1
(a)  The existing definition is as follows:
“disabled” means incapable of pursuing regularly any substantially gainful employment; (invalide)
(b)  The existing definition is as follows:
“salary” means the compensation received by a person for the performance of the regular duties of a position or office during any period of service, and, subject to the regulations, where a person receives only a portion of his salary for a period, he is deemed, for the purpose of calculating his pension contributions, to have received the full salary for that period; (traitement)
Section 2
The existing provision is as follows:
3.2 Notwithstanding subsection 3(1) and sections 3.01 and 3.1, a contributor shall not in any year contribute to the Superannuation Account an amount in excess of the amount of the annual maximum deductible contributions to a registered pension plan as that amount is established under the Income Tax Act (Canada) and the regulations under that Act.
Section 3
(a)  The existing provision is as follows:
(A.1) any period of continuous full time service during which the contributor was, immediately before becoming employed in full time employment in the Public Service, an employee of a municipality within the meaning of section 26, who became employed in the Public Service immediately after ceasing to be employed by the municipality because the contributor’s function, which was the responsibility of the municipality, became the responsibility of the Province, and in respect of which the contributor has no pensionable service to the contributor’s credit under this Act, if the contributor elects, before January 1, 1996, to pay in respect of that period of service an amount equal to the amount the contributor would have been required to contribute had the contributor been a contributor during that period but based on the salary authorized to be paid to the contributor at the date of election and the applicable contribution rates at that date,
(b)  The existing provision is as follows:
(A.3) any period of service with the Government of Canada, including any Crown corporation or agency of that Government, or with the Government of a Province or Territory of Canada, during which the contributor was a person required to contribute under the Public Service Superannuation Act (Canada) or under any similar legislation of the Province or Territory of Canada specified by regulation, as the case may be, and in respect of which the contributor received a return of contributions, if the contributor elects to pay in respect of that period of service an amount equal to twice the amount the contributor would have been required to pay had the contributor been a contributor during that period but based on the salary authorized to be paid to the contributor at the date of election and the contribution rates applicable at that date,
(c)  New provision.
(d)  The existing provision is as follows:
(B) any period of service in respect of which he has received any amount by way of a return of contributions or interest under this Act, the Superannuation Act, the Teachers’ Act or the Teachers’ Pension Act if he elects to pay in respect of that period of service an amount equal to the amount he would have been required to contribute had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,
(e)  The existing provision is as follows:
(C.1) any period of service during which he served as a Member of the Legislative Assembly, but in respect of which he is not entitled to a pension under the Members Superannuation Act, if he elects to pay in respect of that period of service an amount equal to the amount he would have been required to contribute had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,
Section 4
New provision.
Section 5
The existing provision is as follows:
7.1(1) Where a contributor is in receipt of an immediate pension or an annual allowance, the minimum amount payable, including any adjustments under section 8, shall not be less than three thousand dollars annually, if the total period of pensionable service is thirty-five or more years, and if the total period of pensionable service is less than thirty-five years, the minimum amount payable, including any adjustments under section 8, expressed in annual terms, shall be calculated by multiplying three thousand dollars by the ratio that the period of pensionable service bears to thirty-five.
7.1(2) Where a person is entitled to or is receiving a surviving spouse’s pension, children’s pension or a pension under section 13, the amount of such pension shall be calculated in accordance with the immediate pension or annual allowance referred to in section 11, 12 or 13, as the case may be, or in accordance with the immediate pension or annual allowance calculated under subsection (1), whichever is the greater.
Section 6
Consequential amendment. The existing provision is as follows:
10(2.1) For the purposes of subsection (2), a contributor who has purchased service under clause 4(1)(b)(ii)(A), (B) or (C.1) which occurred immediately prior to September 1, 1966 shall be deemed to be a person who immediately prior to September 1, 1966 was a contributor under the Superannuation Act.
Section 7
(a)  Consequential amendment.
(b)  New provision.
Section 8
(a)  Consequential amendment.
(b)  New provision.
Section 9
The existing provision is as follows:
10.9 Notwithstanding any other provision of this Act, a contributor shall not continue to contribute to the Superannuation Account or accumulate pensionable service after the last day of the year in which the contributor reaches the age of seventy-one, and any benefit to which the contributor is entitled under this Act shall commence to be paid no later than that day.
Section 10
New provision.
Section 11
The existing provision is as follows:
12(1) Where a contributor who had to his credit five or more years pensionable service dies without leaving a surviving spouse or where a surviving spouse’s pension ceases pursuant to subsection 11(5), a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid pursuant to section 11 is to be paid in equal shares to the children of the contributor who are under eighteen years of age.
12(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may grant a children’s pension to or on behalf of a child eighteen or more years of age who is disabled.
12(3) Where a children’s pension is payable under this section, it is to be paid to the person having custody and control of the child and where there is no such person, it is to be paid to the child himself or to such other person as the Minister directs.
Section 12
The existing provision is as follows:
13 Where a contributor who had to his credit five or more years pensionable service dies without leaving a surviving spouse or children or where a surviving spouse’s or children’s pension is no longer payable under this Act, the Lieutenant-Governor in Council may grant to a person, who, being a member of the contributor’s family, was at the time of the death of the contributor wholly or partly dependent upon his earnings, a pension in an amount not exceeding the amount of the surviving spouse’s pension that was being paid or could have been paid pursuant to section 11.
Section 13
The existing provision is as follows:
19 The interest of any person in the Superannuation Account and his entitlement to any benefit under this Act is not subject to garnishment, attachment, seizure or any legal process, except in respect of a charge of failure to account for public money, and any such interest or benefit is not assignable.
Section 14
The existing provision is as follows:
21(5) Any person mentioned in subsection (1) who subsequently is re-employed in the public service may elect, in accordance with this Act, to count the period of pensionable service in respect of which payment was made pursuant to subsection (1), if he pays to the Minister, within a period prescribed by the Minister, an amount equal to the payment made pursuant to that subsection together with interest from the date of the payment by the Minister.
Section 15
Commencement provisions.