Bill 11 - An Act Respecting Pensions under the Public Service Superannuation Act

BILL 11

An Act Respecting Pensions under the Public Service Superannuation Act

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

Short title

1 This Act may be cited as An Act Respecting Public Service Pensions.

Repeal of Public Service Superannuation Act

2 The Public Service Superannuation Act, chapter P-26 of the Revised Statutes, 1973, is repealed.

Repeal of regulations under the Public Service Superannuation Act

3( 1) New Brunswick Regulation 84-105 under the Public Service Superannuation Act is repealed.

3( 2) New Brunswick Regulation 92-152 under the Public Service Superannuation Act is repealed.

3( 3) New Brunswick Regulation 98-8 under the Public Service Superannuation Act is repealed.

Repeal of Special Retirement Program Act

4( 1) The Special Retirement Program Act, chapter S-12.11 of the Acts of New Brunswick, 1985, is repealed.

4( 2) Despite subsection (1), on the commencement of this section, the Special Retirement Program Act continues to apply to a contributor as defined in paragraph (b) of the definition of “contributor” in section 1 of that Act as if the Act were not repealed, and sections 7 and 8 of this Act do not apply to the pension received by such a contributor under the Special Retirement Program Act.

TRANSITIONAL PROVISIONS

Definitions

5 The following definitions apply in sections 6 to 9.

“converted plan” means the pension plan converted to a shared risk plan in accordance with subsection 6(1). (régime converti)

“escalated adjustment” means an escalated adjustment as defined in New Brunswick Regulation 91-195 under the Pension Benefits Act and includes an adjustment to a benefit under the Public Service Superannuation Act made in accordance with section 8 or 8.1 of the Public Service Superannuation Act and a similar adjustment to a benefit or amount referred to in section 8 of this Act. (rajustement actualisé)

Conversion of pension plan

6( 1) On the commencement of this section, the pension plan under the Public Service Superannuation Act shall be converted to a shared risk plan in accordance with Part 2 of the Pension Benefits Act, and that Part applies to the converted plan.

6( 2) For greater certainty, on the commencement of this section, a benefit earned, accrued or vested under the Public Service Superannuation Act before the commencement of this section becomes a base benefit of the converted plan, and the definitions of “base benefit” and “vested base benefit” in section 100.2 of the Pension Benefits Act apply to those benefits.

6( 3) For the purposes of subsection 10(1) of the Pension Benefits Act, the converted plan shall be deemed to have been established on the date of the coming into force of this section.

Benefits under the Public Service Superannuation Act

7( 1) The following definitions apply in this section.

“contributor” means a contributor as it was defined in the Public Service Superannuation Act immediately before the commencement of this section, but does not include a person referred to in subsection (3). (cotisant)

“survivor’s pension” means a joint and survivor pension, a surviving spouse’s pension, a surviving common-law partner’s pension, a child’s pension or other dependant’s pension. ( pension de survivant)

7( 2) On the commencement of this section, all benefits as defined under the Public Service Superannuation Act, including adjustments made to those benefits in accordance with section 8 or 8.1 of the Public Service Superannuation Act, earned, accrued or vested before the commencement of this section may be revoked, suspended, increased or reduced in accordance with the converted plan registered under Part 2 of the Pension Benefits Act.

7( 3) Despite subsection (2) and Part 2 of the Pension Benefits Act and subject to subsection (8), on and after the commencement of this section, a person in receipt of a benefit under the Public Service Superannuation Act immediately before the commencement of this section is entitled to a base benefit under the converted plan that is no less than the benefit he or she was receiving under the Public Service Superannuation Act, exclusive of any escalated adjustments not granted before the commencement of this section.

7( 4) Despite subsection (2) and Part 2 of the Pension Benefits Act and subject to subsection (8), on and after the commencement of this section, a contributor is entitled to a base benefit under the converted plan that is no less than the value of his or her benefit under the Public Service Superannuation Act immediately before the plan’s conversion, exclusive of any escalated adjustments not granted before the commencement of this section.

7( 5) For the purposes of subsection (4), a base benefit includes an ancillary benefit provided for in subsection 7(3) of the Public Service Superannuation Act before the commencement of this section.

7( 6) Despite subsection (2) and Part 2 of the Pension Benefits Act, when a person referred to in subsection (3) or (4) dies after the commencement of this section, a person entitled to a survivor’s pension as a result of that death is entitled to an amount under the converted plan that is no less than the benefit the survivor would have been entitled to under the Public Service Superannuation Act if the deceased had died immediately before the plan’s conversion, exclusive of any escalated adjustments not granted before the commencement of this section.

7( 7) If the converted plan would require that a base benefit be reduced below the amount referred to in subsection (3), (4) or (6), the amount payable under subsection (3), (4) or (6) that exceeds the base benefit under the converted plan shall be paid from the Consolidated Fund.

7( 8) When a person referred to in subsection (3) or (4) attains the age at which he or she is eligible for an unadjusted retirement pension under the Canada Pension Plan (Canada), his or her base benefit under the converted plan may be reduced in accordance with the converted plan’s provisions for bridging with the pension plan under the Canada Pension Plan (Canada).

Other vested or accrued benefits and amounts

8( 1) Despite sections 2 and 4 and subject to subsection (4), on the commencement of this section, entitlement to the following benefits or amounts continues, and the benefit or amount shall be paid from the Consolidated Fund:

(a) an amount that was being paid from the Consolidated Fund under subsection 7(3.3) of the Public Service Superannuation Act immediately before the commencement of this section;

(b) a pension benefit or a portion of a pension benefit to which a deputy head or former deputy head was entitled under subsection 10(4) of the Public Service Superannuation Act immediately before the commencement of this section;

(c) a pension benefit to which a contributor was entitled under section 3 of the Special Retirement Program Act immediately before the commencement of this section;

(d) an amount or benefit to which a person, immediately before the commencement of this section, was entitled in accordance with any of the following:

( i) Special Retirement for Deputy Ministers program approved by Board of Management on May 15, 1985, and any amendments made to that program by Board of Management;

( ii) Pension/Termination Benefits - Active Deputy Ministers program approved by Board of Management on February 10, 1993, and any amendments made to that program by Board of Management; and

( iii) approval of supplemental pensionable service for Acting Deputy Ministers by Board of Management on September 14, 2011, and any amendments made to that approval by Board of Management;

(e) an amount or benefit to which a person, immediately before the commencement of this section, was entitled in accordance with any of the following programs or policies approved by Board of Management and any amendments made to them by Board of Management:

( i) Early Retirement Outplacement, approved on February 21, 1990;

( ii) Early Retirement Program, approved on October 30, 1991;

( iii) Early Retirement Program for Part II, approved by Board of Management Minute 92-0155, only with respect to contributors under the Public Service Superannuation Act;

( iv) Early Retirement Program for Part III, approved on April 8, 1992;

( v) Early Retirement Program for Part I, approved on November 25, 1992;

( vi) Business Case Early Retirement Policy, approved on December 15, 1993;

( vii) Workforce Adjustment Program, approved on February 7, 1996;

( viii) Workforce Adjustment Program, approved on March 27, 1996;

( ix) Voluntary Early Retirement Window, approved on January 19, 2000;

( x) Exit Strategy 2004, approved on March 24, 2004, including the Temporary Early Retirement Program and a Bridge to Age 55 Program; and

( xi) Part III Exit Strategy, approved on July 10, 2008, including the Early Retirement Program and the Bridge to Age 55 Program; and

(f) an amount or benefit to which a person, immediately before the commencement of this section, was entitled in accordance with a Board of Management Minute listed in Schedule A and any amendments made to that minute by Board of Management.

8( 2) Despite sections 2 and 4 and subject to subsections (4) and (5), on the commencement of this section, entitlement to the following benefits or amounts continues, and the benefit or amount shall continue to be paid by the employer:

(a) an amount or benefit to which a person, immediately before the commencement of this section, was entitled under any of the following programs offered by the New Brunswick Power Corporation or a predecessor corporation or its subsidiaries:

( i) the 1993-1994 Early Retirement Program, presented to the board of directors of the Corporation on July 28, 1993, and offered to employees until October 15, 1993;

( ii) the NB Power Selective Early Retirement Program (1995-1996), presented to the board of directors of the Corporation by memorandum dated February 1, 1995, and offered to employees until April 30, 1995;

( iii) the Genco Staffing Strategy Program, offered to employees of the Corporation in 2000, and that required employees to retire no later than July 1, 2000, which date was extended for select employees to April 30, 2002;

( iv) the Selective Voluntary Severance/Retirement Program (2003-2004 Nuclear Integrated Business Plan), approved by the human resources committee of the board of directors of the Corporation on September 19, 2002;

( v) the Human Resources Restructuring Program, based on the 2003-2004 Nuclear Integrated Business Plan, offered to employees of the Corporation in 2004, and that required employees to retire between the dates of April 1, 2004, and June 30, 2004, inclusive of both dates;

( vi) the Staff Reduction Plan, approved by the board of directors of the Corporation on September 14, 2004;

( vii) the Staff Reduction Program, authorized for development by the board of directors of the Corporation on August 5, 2009; and

( viii) the Staff Reduction Program, approved by the board of directors of the Corporation on April 6, 2010;

(b) a supplemental retirement benefit provided under an executive employment contract, and any amendments to the contract, approved by the board of directors of the New Brunswick Power Corporation, or a predecessor corporation or its subsidiaries, and to which the following former employees of the Corporation or their survivors were entitled immediately before the commencement of this section:

( i) the former employee whose employment with the Corporation terminated on March 31, 1995;

( ii) the former employee whose employment with the Corporation terminated on August 31, 1996;

( iii) the former employee whose employment with the Corporation terminated on September 30, 1996;

( iv) the former employee whose employment with the Corporation terminated on June 30, 1998;

( v) the former employee whose employment with the Corporation terminated on July 31, 2000;

( vi) the former employee whose employment with the Corporation terminated on December 31, 2001;

( vii) the former employee whose employment with the Corporation terminated on March 31, 2002;

( viii) the former employees whose employment with the Corporation terminated on March 31, 2004;

( ix) the former employee whose employment with the Corporation terminated on October 31, 2004;

( x) the former employee whose employment with the Corporation terminated on May 31, 2005;

( xi) the former employee whose employment with the Corporation terminated on January 31, 2008;

( xii) the former employee whose employment with the Corporation terminated on June 30, 2008;

( xiii) the former employee whose employment with the Corporation terminated on January 29, 2010;

( xiv) the former employee whose employment with the Corporation terminated on January 31, 2010;

( xv) the former employee whose employment with the Corporation terminated on May 28, 2010;

( xvi) the former employee whose employment with the Corporation terminated on June 30, 2010;

( xvii) the former employee whose employment with the Corporation terminated on February 28, 2011;

( xviii) the former employee whose employment with the Corporation terminated on February 29, 2012; and

( xix) the former employee whose employment with the Corporation terminated on December 31, 2012;

(c) an amount or benefit to which a person, immediately before the commencement of this section, was entitled under any of the following:

( i) the early retirement program approved by the board of directors of the New Brunswick Liquor Corporation that adopted the provisions of the Business Case Early Retirement Policy approved by Board of Management on December 15, 1993;

( ii) the early retirement program approved by the board of directors of the New Brunswick Liquor Corporation that adopted the provisions of the Workforce Adjustment Program approved by Board of Management on February 7, 1996;

( iii) the early retirement program approved by the board of directors of the New Brunswick Liquor Corporation that adopted the provisions of the Workforce Adjustment Program approved by Board of Management on March 27, 1996; and

( iv) a retirement benefit package granted under Bylaw #4 of the New Brunswick Liquor Corporation and of which the board of directors of the Corporation were advised on the following dates:

( A) August 25, 2005;

( B) August 30, 2006;

( C) November 29, 2007;

( D) January 31, 2008; and

( E) May 1, 2008;

(d) a supplemental retirement benefit to which a person, immediately before the commencement of this section, was entitled in accordance with a motion approved by the board of directors of the New Brunswick Liquor Corporation on September 27, 2001;

(e) an amount or benefit to which a person, immediately before the commencement of this section, was entitled under the following:

( i) the Job Elimination/Redundancy Policy implemented in April 1995 by the Workplace Health, Safety and Compensation Commission; and

( ii) an agreement executed on March 19, 2003, that amended Article 10 of an employment contract entered into with the Workplace Health, Safety and Compensation Commission on or about October 27, 2000;

(f) a supplemental retirement benefit to which the following former employees of the Workplace Health, Safety and Compensation Commission or their survivors were entitled immediately before the commencement of this section:

( i) the former employee who agreed in writing to an early retirement arrangement on May 15, 2002, and who retired from his or her employment with the Commission on October 31, 2002;

( ii) the former employee who was offered an early retirement arrangement in writing on May 5, 2003, and who retired from his or her employment with the Commission on August 31, 2003; and

( iii) the former employee who was offered an early retirement arrangement in writing on July 14, 2003, and who retired from his or her employment with the Commission on December 31, 2003;

(g) an amount or benefit to which a person, immediately before the commencement of this section, was entitled under an early retirement program approved by the board of directors of Service New Brunswick, or a predecessor corporation, that adopted the provisions of the Workforce Adjustment Program approved by Board of Management on February 7, 1996;

(h) a supplemental retirement benefit to which a person, immediately before the commencement of this section, was entitled in accordance with a motion approved by the New Brunswick Securities Commission on March 19, 2007; and

(i) a supplemental retirement benefit to which the following former employees of the New Brunswick Healthcare Association or their survivors were entitled immediately before the commencement of this section:

( i) the former employee whose employment with the Association terminated on April 30, 1996; and

( ii) the former employee whose employment with the Association terminated on May 31, 2001.

8( 3) Despite section 6 and the definitions of “base benefit” and “vested base benefit” in section 100.2 of the Pension Benefits Act, a benefit or amount referred to in subsection (1) or (2) shall not be included in the base benefit or the vested base benefit of the converted plan.

8( 4) A benefit or amount referred to in subsection (1) or paragraph (2)(i) that was earned, accrued or vested before the commencement of this section may be revoked, suspended, increased or reduced by Board of Management.

8( 5) A benefit or amount referred to in subsection (2) that was earned, accrued or vested before the commencement of this section shall be revoked, suspended, increased or reduced by an employer referred to in that subsection when directed to do so by Board of Management, and the employer shall revoke, suspend, increase or reduce the benefit or amount in the manner and in the amount directed by Board of Management.

8( 6) Despite subsections (4) and (5) and subject to subsection (8), a person in receipt of a benefit or amount referred to in subsection (1) or (2) immediately before the commencement of this section is entitled to, on and after the commencement of this section, a benefit or amount under subsection (1) or (2), as the case may be, that is no less than what he or she was receiving immediately before the commencement of this section, exclusive of any escalated adjustments not granted before the commencement of this section.

8( 7) Despite subsection (4) and subject to subsection (8), a person entitled to, but not in receipt of, an amount referred to in paragraph (1)(a) immediately before the commencement of this section is entitled to, on and after the commencement of this section, an amount that would have been payable under subsection 7(3.3) of the Public Service Superannuation Act that is no less than what he or she was entitled to immediately before the commencement of this section, exclusive of any escalated adjustments not granted before the commencement of this section.

8( 8) When a person referred to in subsection (6) or (7) attains the age at which he or she is eligible for an unadjusted retirement pension under the Canada Pension Plan (Canada), the benefit or amount referred to in subsection (6) or (7) may be reduced to provide for bridging with the pension plan under the Canada Pension Plan (Canada), if bridging was provided for when the benefit or amount was granted to that person.

Immunity

9( 1) The Crown in right of the Province, a Minister of the Crown, a person designated to act on behalf of a Minister, the Financial and Consumer Services Commission, the Superintendent of Pensions or an administrator or any of their officers, directors, employees or members is not liable under this Act, the Pension Benefits Act or the regulations under that Act if the Minister, person designated to act on behalf of a Minister, Financial and Consumer Services Commission, Superintendent of Pensions or administrator or any of their officers, directors, employees or members exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on a report of a person whose profession lends credibility to a statement made by that person.

9( 2) Despite section 12 of the Pension Benefits Act, the Public Service Superannuation Act and the regulations under that Act, the Special Retirement Program Act and any contract or trust, including a document that creates or supports a pension plan or pension fund, no cause of action, claim or demand arises and no action for damages or other proceeding shall be instituted against the Crown in right of the Province, a Minister of the Crown, a person designated to act on behalf of a Minister, the Financial and Consumer Services Commission, the Superintendent of Pensions, an administrator, a trustee, a board of trustees, an employer, a trade union that represents the members, an employee organization that is the bargaining agent of the members or any other person, board or committee with the right to amend a pension plan or any of their officers, directors, employees, members, agents or advisers in relation to any of the following:

(a) the enactment of, or the exercise of authority under, this Act or the repeal of the Public Service Superannuation Act or the Special Retirement Program Act;

(b) a breach of any contract or trust, including a document that creates or supports a pension plan or pension fund, arising out of the enactment of, or the exercise of authority under, this Act;

(c) a breach of any legal duty or obligation arising out of the enactment of, or the exercise of authority under, this Act;

(d) a breach of any contract or trust, including a document that creates or supports a pension plan or pension fund, with respect to any matter referred to in subsections 100.52(1) to (4) of the Pension Benefits Act as they apply to the conversion under this Act of the converted plan; or

(e) a breach of any legal duty or obligation with respect to any matter referred to in subsections 100.52(1) to (4) of the Pension Benefits Act as they apply to the conversion under this Act of the converted plan.

Pension Board

10( 1) In this section, “Pension Board” means the Pension Board appointed under subsection 23(1) of the Public Service Superannuation Act.

10( 2) The Pension Board appointed under subsection 23(1) of the Public Service Superannuation Act is abolished.

10( 3) All appointments of members of the Pension Board are revoked.

10( 4) All contracts, agreements or orders relating to the allowance or expenses to be paid to members of the Pension Board are null and void.

10( 5) Despite the provisions of any contract, agreement or order, no allowance or expenses shall be paid to a member of the Pension Board.

10( 6) No cause of action, claim or demand arises and no action for damages or other proceeding shall be instituted against the Minister of Finance or the Crown in right of the Province as a result of the abolition of the Pension Board or the revocation of the appointments of its members.

University of New Brunswick

11 This Act applies in relation to the academic employees of the University of New Brunswick who have to their credit pensionable service under the Public Service Superannuation Act before January 1, 1993, and to the University of New Brunswick in respect of those employees.

CONSEQUENTIAL AMENDMENTS

Auditor General Act

12( 1) Subsection 3(7) of the Auditor General Act, chapter 118 of the Revised Statutes, 2011, is repealed and the following is substituted:

3( 7) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Auditor General.

12( 2) Subsection 4(6) of the Act is repealed and the following is substituted:

4( 6) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to all persons employed in the Office of the Auditor General.

Child and Youth Advocate Act

13( 1) Subsection 4(2) of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is repealed and the following is substituted:

4( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Advocate.

13( 2) Subsection 11(3) of the Act is repealed and the following is substituted:

11( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to all persons employed in the Office of the Child and Youth Advocate.

Consumer Advocate for Insurance Act

14( 1) Subsection 3(2) of the Consumer Advocate for Insurance Act, chapter C-17.5 of the Acts of New Brunswick, 2004, is repealed and the following is substituted:

3( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Consumer Advocate.

14( 2) Subsection 6(2) of the Act is repealed and the following is substituted:

6( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Office of the Consumer Advocate.

Economic and Social Inclusion Act

15( 1) Section 1 of the Economic and Social Inclusion Act, chapter E-1.105 of the Acts of New Brunswick, 2010, is amended by adding the following definition in alphabetical order:

“public service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions. (services publics)

15( 2) Section 19 of the Act is amended

(a) in subsection (5) by striking out “the public service as defined in the Public Service Superannuation Act” and substituting “the public service”;

(b) by repealing subsection (6) and substituting the following:

19( 6) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President.

15( 3) Subsection 20(4) of the Act is repealed and the following is substituted:

20( 4) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Corporation.

15( 4) Subsection 21(1) of the Act is amended by striking out “the public service as defined in the Public Service Superannuation Act” and substituting “the public service”.

Elections Act

16 Subsection 5(1.5) of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is repealed and the following is substituted:

5( 1.5) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Chief Electoral Officer.

Energy and Utilities Board Act

17 Subsection 14(1) of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is repealed and the following is substituted:

14( 1) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the members and employees of the Board.

Energy Efficiency and Conservation Agency of New Brunswick Act

18( 1) Subsection 14(5) of the Energy Efficiency and Conservation Agency of New Brunswick Act, chapter 103 of the Revised Statutes, 2012, is repealed and the following is substituted:

14( 5) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President.

18( 2) Subsection 17(3) of the Act is repealed and the following is substituted:

17( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to employees of the Agency.

Expropriation Act

19 Section 3 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, is amended

(a) by repealing subsection (2.5);

(b) by repealing subsection (2.7);

(d) by repealing subsection (2.9);

(e) by repealing subsection (2.91);

(f) by repealing subsection (2.92).

Financial and Consumer Services Commission Act

20( 1) Subsection 7(2) of the Financial and Consumer Services Commission Act, chapter 30 of the Acts of New Brunswick, 2013, is repealed and the following is substituted:

7( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the chair of the Commission.

20( 2) Subsection 18(6) of the Act is repealed and the following is substituted:

18( 6) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to employees of the Commission.

Invest New Brunswick Act

21 Subsection 15(2) of the Invest New Brunswick Act, chapter 24 of the Acts of New Brunswick, 2011, is repealed and the following is substituted:

15( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Chief Executive Officer and all other employees of Invest NB.

Kings Landing Corporation Act

22 Subsection 4(3) of the Kings Landing Corporation Act, chapter K-1 of the Revised Statutes, 1973, is repealed and the following is substituted:

4( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the general manager and to the staff of the Corporation.

Land Titles Act

23 Subsection 5(6) of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is repealed and the following is substituted:

5( 6) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Registrar General and to a registrar and to the deputies of either of them.

Legal Aid Act

24 Subsection 40(3) of the Legal Aid Act, chapter L-2 of the Revised Statutes, 1973, is repealed and the following is substituted:

40( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Commission.

Legislative Assembly Act

25( 1) Subsection 32.2(1) of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “full time employment” and substituting the following:

“full time employment” means employment in the Public Service requiring continuous service in an office or position and that the employee work at least 29 hours per week; (emploi à plein temps )

(b) by repealing the definition “Public Service” and substituting the following:

“Public Service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions; (services publics )

25( 2) Subsection 34(7) of the Act is repealed and the following is substituted:

34( 7) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to all officers and employees in the Office of the Legislative Assembly, other than the Speaker and the Deputy Speakers.

Members’ Pension Act

26 Subsection 18(1) of the Members’ Pension Act, chapter M-7.1 of the Acts of New Brunswick, 1993, is amended

(a) by repealing the definition “full time employment” and substituting the following:

“full time employment” means employment in the Public Service requiring continuous service in an office or position and that the employee work at least 29 hours per week; (emploi à plein temps )

(b) by repealing the definition “Public Service” and substituting the following:

Members Superannuation Act

27( 1) Subsection 1(1) of the Members Superannuation Act, chapter M-8 of the Revised Statutes, 1973, is amended by adding the following definitions in alphabetical order:

“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act (Canada); (indice des prix à la consommation)

“pension index” means (indice de pension)

( a) for the year 1972, the average of the Consumer Price Index for the twelve month period ending June 30, 1971, and

( b) for each year following 1972, the average of the Consumer Price Index for the twelve month period ending June 30 in the year preceding that year unless the average is less than 1.01 times the pension index for the preceding year, in which case the pension index for the year is the pension index for the preceding year;

27( 2) Subsection 10.1(1) of the Act is repealed.

27( 3) Subsection 10.2(3) of the Act is repealed.

27( 4) Subsection 10.3(3) of the Act is repealed.

27( 5) Subsection 10.4(3) of the Act is repealed.

27( 6) Subsection 10.5(4) of the Act is repealed.

27( 7) Subsection 18(1) of the Act is amended

(a) by repealing the definition “full time employment” and substituting the following:

“full time employment” means employment in the Public Service requiring continuous service in an office or position and that the employee work at least 29 hours per week; (emploi à plein temps )

(b) by repealing the definition “Public Service” and substituting the following:

27( 8) Subsection 22.2(3) of the Act is repealed.

New Brunswick Community Colleges Act

28( 1) Subsection 15(5) of the New Brunswick Community Colleges Act, chapter N-4.05 of the Acts of New Brunswick, 2010, is repealed and the following is substituted:

15( 5) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to each president and chief executive officer.

28( 2) Subsection 39(2) of the Act is repealed and the following is substituted:

39( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to an employee of a corporation.

New Brunswick Highway Corporation Act

29( 1) Subsection 20(5) of the New Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New Brunswick, 1995, is repealed and the following is substituted:

20( 5) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President.

29( 2) Subsection 21(3) of the Act is repealed and the following is substituted:

21( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Corporation.

New Brunswick Housing Act

30 Subsection 7(3) of the New Brunswick Housing Act, chapter N-6 of the Revised Statutes, 1973, is repealed and the following is substituted:

7( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President, vice-president and to the staff of the Corporation except when the Corporation directs otherwise.

New Brunswick Internal Services Agency Act

31( 1) Subsection 17(5) of the New Brunswick Internal Services Agency Act, chapter N-6.005 of the Acts of New Brunswick, 2010, is repealed and the following is substituted:

17( 5) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President.

31( 2) Subsection 20(3) of the Act is repealed and the following is substituted:

20( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Agency.

New Brunswick Investment Management Corporation Act

32( 1) Subparagraph 6(d)(ii) of the New Brunswick Investment Management Corporation Act, chapter N-6.01 of the Acts of New Brunswick, 1994, is repealed and the following is substituted:

( ii) one of whom shall be a member of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions,

32( 2) Subsection 12(5) of the Act is repealed and the following is substituted:

12( 5) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President.

32( 3) Subsection 13(3) of the Act is repealed and the following is substituted:

13( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Corporation

32( 4) Paragraph 14(1)(a) of the Act is repealed.

New Brunswick Liquor Corporation Act

33 Subsection 10(3) of the New Brunswick Liquor Corporation Act, chapter N-6.1 of the Revised Statutes, 1973, is repealed and the following is substituted:

10( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President and the employees of the Corporation.

Official Languages Act

34 Subsection 43(7) of the Official Languages Act, chapter O-0.5 of the Acts of New Brunswick, 2002, is repealed and the following is substituted:

43( 7) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Commissioner and the employees of the Office of the Commissioner.

Ombudsman Act

35( 1) Subsection 2.1(2) of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is repealed and the following is substituted:

2.1( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Ombudsman.

35( 2) Section 8 of the Act is amended by adding after subsection (3) the following:

8( 4) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Office of the Ombudsman.

Personal Health Information Privacy and Access Act

36 Subsection 59(3) of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is repealed and the following is substituted:

59( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to all persons appointed by the Commissioner under subsection (1).

Provincial Court Act

37 Section 15.1 of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is repealed.

Provincial Court Judges’ Pension Act

38 Subsection 29(1) of the Provincial Court Judges’ Pension Act, chapter P-21.1 of the Acts of New Brunswick, 2000, is amended

(a) by repealing the definition “full time employment” and substituting the following:

“full time employment” means employment in the Public Service requiring continuous service in an office or position and that the employee work at least 29 hours per week; (emploi à plein temps )

(b) by repealing the definition “Public Service” and substituting the following:

Public Service Labour Relations Act

39( 1) Subsection 63(2) of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended

(a) in paragraph (a) by striking out “or” at the end of the paragraph;

(b) by adding after paragraph (a) the following:

(a.1) that has been or may be established by the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions, or

39( 2) Section 112 of the Act is repealed.

39( 3) The Second Schedule of the Act is amended by striking out “Public Service Superannuation Act”.

Public Trustee Act

40( 1) Section 4 of the Public Trustee Act, chapter P-26.5 of the Acts of New Brunswick, 2005, is amended

(a) by adding before subsection (1) the following:

4( 0.1) In this section, “public service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions. (services publics )

(b) in subsection (2) by striking out “Public Service as defined in the Public Service Superannuation Act” and substituting “public service”.

40( 2) Subsection 4.1(3) of the Act is repealed and the following is substituted:

4.1( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees in the office of the Public Trustee.

Research and Productivity Council Act

41 Section 12 of the Research and Productivity Council Act, chapter R-8 of the Revised Statutes, 1973, is repealed and the following is substituted:

12 The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Executive Director and the staff of the Council.

Right to Information and Protection of Privacy Act

42( 1) Subsection 51(2) of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is repealed and the following is substituted:

51( 2) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Commissioner.

42( 2) Subsection 58(3) of the Act is repealed and the following is substituted:

58( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to all persons employed in the Office of the Access to Information and Privacy Commissioner.

Seafood Processing Act

43( 1) Section 1 of the Seafood Processing Act, chapter S-5.3 of the Acts of New Brunswick, 2006, is amended by adding the following definition in alphabetical order:

43( 2) Subsection 64(1) of the Act is amended by striking out “as defined in the Public Service Superannuation Act”.

Regulation under the Seafood Processing Act

44 Subsection 24(1) of New Brunswick Regulation 2009-20 under the Seafood Processing Act is amended by striking out “as defined in the Public Service Superannuation Act”.

Service New Brunswick Act

45 Subsection 13(3) of the Service New Brunswick Act, chapter S-6.2 of the Acts of New Brunswick, 1989, is repealed and the following is substituted:

13( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President and all employees of the Corporation.

Teachers’ Pension Act

46( 1) Subsection 1(1) of the Teachers’ Pension Act, chapter T-1 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “Public Service” and substituting the following:

(b) in paragraph (a.1) of the definition “teacher” by striking out “deputy head as defined under the Public Service Superannuation Act” and substituting “deputy head”;

“deputy head” means deputy head as defined in the Civil Service Act and includes the chief executive officer or head of a board, commission, corporation, agency or educational institution whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions; (administrateur général)

46( 2) Clause 4(1)(b)(ii)(A.1) of the Act is amended by striking out “the Public Service Superannuation Act” and substituting “the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions”.

46( 3) Subsection 5(1) of the Act is amended by striking out “, as defined in the Public Service Superannuation Act,”.

46( 4) Paragraph 6(2)(a) of the Act is amended by striking out “the Public Service Superannuation Act” and substituting “the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions”.

46( 5) Subsection 18(1) of the Act is amended by striking out “the Public Service Superannuation Act” and substituting “the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions”.

Regulation under the Teachers’ Pension Act

47 Subsection 8(2) of New Brunswick Regulation 84-106 under the Teachers’ Pension Act is amended by striking out “the Public Service Superannuation Act” and substituting “the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions”.

COMMENCEMENT

Commencement

48 This Act comes into force on January 1, 2014.

SCHEDULE A

72-480	85-0947	88-0649	88-0650
88-0651	88-0653	88-0654	88-0655
88-0868	88-1159	89-0547	89-0949
90-0037	90-0038	90-0039	90-0061
90-0062	90-0401	90-0789	91-0022
91-0261	91-0262	91-0329	91-0343
91-0771	91-0772	92-0076	92-0407
92-0893	93-0790	94-0208	94-0333
94-0415	94-0512	96-0798	97-0618
98-0092	98-0114	98-0565	98-0567
99-0324	99-0325	00-0303	01-0131
01-0132	01–0315	03-0049	03-0270A
04-0007A	04-0329	06-00233	06-0057
06-0065	06-0107A	06-0198	06-0233
06-0283	06-0284	06-0286	06-0287
06-0288	06-0341	07-0012A	07-1003
08-0099	08-0203	08-0236A	09-0345A
10-1005	10-1006	10-1007	10-1008
10-1009	10-1010	10-1011	10-1013
10-1014