BILL 46

An Act Respecting the Saint John Firefighters’ Association

WHEREAS the Saint John Firefighters’ Association, Local 771, prays that it be enacted as hereinafter set forth;

AND WHEREAS it is desirable that for certain occupational ailments, pensions be provided to permanent members of the Saint John Fire Department;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1                   Notwithstanding the provisions of any other Act a permanent member of the Saint John Fire Department rendered unable to carry on in the Saint John Fire Department as a result of any condition of impairment of health caused by hypertension or heart disease, or disease or permanent injury to the lungs resulting in total or partial disability or death shall be presumed to have been disabled in line of duty with the Saint John Fire Department.

2                   A permanent member of the Saint John Fire Department disabled as set out in section 1 shall be entitled to a pension provided for in the following manner:

(a)           a permanent member having fifteen years or more service with The City of Saint John shall receive a pension as set out in the City of Saint John Pension Act, and further if said pension is not sixty percent of the permanent member’s full wages at the time of the permanent member’s disability retirement, the balance shall be made up by The City of Saint John so that the permanent member shall receive sixty percent of his or her full wages at the time of the permanent member’s disability retirement;

(b)           a permanent member not having the required fifteen years service with the City, shall be paid a pension by The City of Saint John in the amount of sixty percent of the permanent member’s full wages at the time of the permanent member’s disability retirement and The City of Saint John shall claim all monies from the employees of The City of Saint John “Pension Plan” which the member has paid into said plan under the City of Saint John Pension Act;

(c)           in the event a member dies as the result of the disabilities set out in section 1, the dependents of such member shall be paid an annual pension equal to sixty percent of the annual salary such member was receiving at the time or death as follows:

(i)       in the case of a widow or widower with or without children the pension shall be paid to such widow or widower until his or her death;

(ii)      in the case of dependent children only, whether the spouse died before or after such employee, the pension shall be paid to such children or to the guardian of same until they have reached the age of eighteen years;

(iii)     in the case where the employee leaves neither widow or widower nor dependent children, the pension shall be paid to the employee’s mother, father, brother or sister in the order named, provided such recipient at the time of the death of such employee is and continues to be wholly dependent on the employee’s earnings or pension.

3                   In the event a permanent member, a recipient of pension, shall be employed while in receipt of the pension herein provided for and receives remuneration in excess of forty percent of the permanent member’s full wages at the time of the permanent member’s disability retirement, the amount of excess over forty percent shall be deducted from the amount of pension payable under this Act.

4 An Act Respecting the Saint John Firefighters’ Association, chapter 169 of the Acts of New Brunswick, 1960, is repealed.