BILL 47

An Act to Amend the Legislative Assembly Act

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

1 Section 32.2 of the Legislative Assembly Act, chapter L-3 of the Revised Statutes of New Brunswick, 1973, is amended

(a)  in subsection (1)

(i) by repealing the definition “benefit”;

(ii) by adding the following definitions in alphabetical order:

“full time employment” means full time employment as defined in Public Service Superannuation Act; (emploi à plein temps)

“Public Service” means Public Service as defined in the Public Service Superannuation Act; (services publics)

(b)  in subsection (2.1) by striking out “re-establishment allowance” and substituting “transition allowance”;

(c)  by adding after subsection (2.1) the following:

32.2(2.2) Despite subsection (2.1), a person who is a member of the Legislative Assembly immediately before it is dissolved and who does not, for any reason, become a member of the next following Assembly shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member if, immediately after the person ceases to be a member, the member

(a)  is entitled to receive an annual pension under subsection 10(1) of the Members’ Pension Act, or

(b)  elects to receive an annual pension reduced under subsection 10(3.1) of the Members’ Pension Act.

(d)  by repealing subsection (3.1) and substituting the following:

32.2(3.1) Subject to subsection (4.1), a person who is a member of the Legislative Assembly and resigns as a member or otherwise ceases to be a member for any reason, before the Legislative Assembly is dissolved, shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member.

(e)  in subsection (4.1) by striking out “re-establishment allowance” and substituting “transition allowance”;

(f)  in subsection (5)

(i) by repealing the portion preceding paragraph (a) and substituting the following:

32.2(5) Despite subsections (2.1), (2.2), (3.1) and (4.1), a transition allowance shall not be paid under those subsections

(ii) in paragraph (b) by striking out “re-establishment allowance” and substituting “transition allowance”;

(g)  by adding after subsection (5) the following:

32.2(6) Despite subsections (2.1), (2.2), (3.1) and (4.1), a person’s entitlement to receive a transition allowance ceases if he or she

(a)  obtains full time employment in the Public Service,

(b)  is required in respect of his or her employment to participate in a pension plan sponsored by the Province, other than employment referred to in paragraph (a),

(c)  is appointed as a judge in accordance with the Provincial Court Act,

(d)  is appointed as a judge who is subject to the Judges Act (Canada),

(e)  is appointed as a member of the Senate of Canada,

(f)  is elected as a member of the House of Commons of Canada,

(g)  is appointed as the Lieutenant-Governor of New Brunswick, or

(h)  is appointed as the Governor General of Canada.

32.2(7) Despite subsection (2.1), a person who is paid a transition allowance under subsection (2.1) instead of the transition allowance payable under paragraph (2.2)(b), ceases to be entitled to receive the transition allowance under subsection (2.1) if he or she elects to receive an annual pension reduced under subsection 10(3.1) of the Members’ Pension Act.

32.2(8) The Legislative Administration Committee shall determine the manner, frequency and dates of payment of a transition allowance to be paid or expended under this section.