BILL NO. 66

(ea) "outside member" means a member of the House who is ordinarily resident more than one hundred kilometres from the place where the House ordinarily sits;

(1B) In determining whether a member of the House is an outside member, the distance between the place where the member is ordinarily resident and the place where the House ordinarily sits is measured along the shortest normal route between the two places open to the travelling public.

(cb) establishing an appeal process to resolve disputes respecting where a member of the House of Assembly is ordinarily resident for the purpose of determining whether a member is an outside member as defined in the House of Assembly Act;

(3B) An allowance shall be paid in accordance with this Act to or in respect of a person who is a member on the first day of November, 2013, or becomes a member subsequent to that date, who has made payments into the General Revenue Fund of the Province pursuant to Section 6, 8, 9 or 10, who has served as a member for at least two years and who

(a) has ceased to be a member and has attained either

(b) has ceased to be a member and is totally and permanently disabled; or

(c) has died.

(3) Where a person

(a) is a member;

(b) has made payments into the General Revenue Fund of the Province pursuant to Section 6, 8, 9 or 10;

(c) has served as a member for less than two years; and

(d) while a member becomes totally and permanently disabled and ceases to be a member or dies,

there shall be paid

(e) to the person or, if deceased, to, subject to the limitation in the Income Tax Act (Canada), the spouse, children or dependants of the person who would be entitled if the person had served two years and upwards, an allowance calculated in accordance with Section 12 or 13 as if the person had served two years, provided that there shall be deducted from such allowance in each year for the time that the person has served less than two years an amount equal to the deductions that would have been made in such year if the person had continued to serve as a member and receive the same annual indemnity as the person was receiving at the time of the person's death or total disability; or

(f) a refund of the contributions paid by the person, at the option of the person or, if deceased, the person's spouse or, where there is no spouse, the person's personal representative, in accordance with Section 16.

(2) Effective the date of the next general election, a survivor allowance payable under the Registered Plan or the Supplementary Plan to a spousal, child or dependant survivor of a member or former member who participated in and contributed to the Canada Pension Plan must be integrated with the pension benefits earned under the Canada Pension Plan and must, notwithstanding Sections 12, 14 and 21A, be calculated as prescribed by the regulations.

(3) For greater certainty, subsections (1) and (2) do not apply to an allowance or survivor allowance in pay before the next general election.

(4) For the purpose of subsection (1), a person who is not exempt from participation in the Canada Pension Plan is deemed to be entitled to commencement of a pension under the Canada Pension Plan at age sixty-five, regardless of whether the person applies for and receives a pension under the Canada Pension Plan at that time.