Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 136

Members' Pension Review Implementation (2011) Act *

An Act to Amend Chapter 282 of the Revised Statutes, 1989, the Members' Retiring Allowances Act, and to Amend Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act *

Déposé par :
L'honorable Frank Corbett
Government House Leader

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 15 décembre 2011
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet On and after the first day of the month in which ordinary polling day for the next general election occurs except; s. 17 : November 3, 2011; s. 20-21 : December 15, 2011; 18 octobre 2017
2011 Statutes, Chapter 39

Note explicative (en anglais seulement)

Clause 1 provides a short title to this Act.

Clause 2 clarifies the definition of “Income Tax Act (Canada)” and adds definitions for “Registered Plan”, “service”, “spouse”, “Supplementary Plan” and “totally and permanently disabled”.

Clause 3 provides that

(a) the terms of the Members’ Retiring Allowances Plan (which provides the part of the MLAs’ retiring allowance that is registered under the federal Income Tax Act) are prescribed by Part I of the Members’ Retiring Allowances Act;

(b) the Minister of Finance is the trustee of the Plan;

(c) the Minister may appoint a person to be the administrator of the Plan; and

(d) a person’s rights under the Members’ Retiring Allowances Plan cannot be assigned, changed, anticipated, given as security or surrendered.

Clause 4 removes a restriction that is not required by the federal Income Tax Act.

Clause 5 requires that the Minister’s contributions be in accordance with the recommendations of the actuary for the Members’ Retiring Allowances Plan.

Clause 6 changes from 15 to 20 years the period after which members are not required to make contributions. Clause 6 also provides that a member is not required to make contributions after the member has become entitled to the maximum allowance.

Clause 7 repeals a spent provision.

Clause 8 provides expressly that a member’s pensionable service accrues as the member makes contributions.

Clause 9 amends the Members’ Retiring Allowances Act to expressly comply with the federal Income Tax Act.

Clause 10 amends the Members’ Retiring Allowances Act to

(a) expressly comply with the federal Income Tax Act;

(b) change the basis of the retiring allowance from the member’s average annual indemnity for the member’s last three years of service to the member’s average annual indemnity for the member’s best three years of service; and

(c) make language consistent.

Clause 11 relocates the early-retirement provision of the Members’ Retiring Allowances Act and revises it to

(a) expressly comply with the federal Income Tax Act; and

(b) raise the earliest age at which a member can take early retirement from forty-five to fifty years.

Clause 12 amends the Members’ Retiring Allowances Act to

(a) clarify that a surviving spouse of a deceased former member in receipt of or entitled to a retiring allowance receives an allowance equal to a specified portion of the unreduced benefit accrued by the deceased former member; and

(b) expressly comply with the federal Income Tax Act.

Clause 13 amends the Members’ Retiring Allowances Act to expressly comply with the federal Income Tax Act.

Clause 14 deletes a Section being replaced and expanded upon by Clauses 11 and 19.

Clause 15

(a) sets out the differences between the Members’ Retiring Allowances Plan and the Members’ Supplementary Retiring Allowances Plan and provides for the total annual allowances to be a combination of payments from the two Plans;

(b) provides that the Minister of Finance is the trustee of the Supplementary Plan;

(c) provides that the Minister may appoint a person to be the administrator of the Supplementary Plan; and

(d) provides that a person’s rights under the Supplementary Plan cannot be assigned, changed, anticipated, given as security or surrendered.

Clause 16 permits current members to receive a retiring allowance of up to 75% of the average of their annual indemnity for their best three years.

Clause 17 provides for a minimum retiring allowance of $1,000 per month for certain former members or their surviving spouses.

Clause 18 removes words made unnecessary by the new definition of “spouse” and corrects a typographical error.

Clause 19 relocates and expands the regulation-making authority of the Governor in Council.

Clause 20 provides that the transition allowance payable to persons who cease to be members is one twelfth of the annual indemnity for every year of service as a member.

Clause 21 allows a person entitled to a transition allowance to apply to the Speaker to receive retirement counselling, career counselling or career retraining services to a maximum value of $7,500.

Clause 22 clarifies that this Act does not reduce the amount of an allowance payable for service before this Act comes into force.

Clause 23 provides for the coming into force of this Act.