BILL NO. 66

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                 An Act to Amend Chapter 377
                of the Revised Statutes, 1989,
            the Public Service Superannuation Act










                 
                                                               
                                                               
           The Honourable J. Bernard Boudreau, Q.C.
                     Minister of Finance


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                       Explanatory Note


         At present, if a former employee marries after retiring, the employee's spouse or child is
not entitled to survivor's benefits unless the marriage was at least three years before the retired
employee's death.  Also, at present, although there is recognition of a "common-law spouse" of
three years or more of an employee, there is not such recognition in respect of a retired
employee.  This Bill entitles the spouse and children of a retired employee to survivor's benefits
where the retired employee married after retiring and less than three years before the retired
employee's death if there was cohabitation before the marriage and the total period of a
cohabitation and marriage was at least three years.  This Bill also recognizes "common-law
spouses" of three years or more of retired employees.




                  An Act to Amend Chapter 377
                 of the Revised Statutes, 1989,
             the Public Service Superannuation Act



         Be it enacted by the Governor and Assembly as follows:


         1  Section 17 of Chapter 377 of the Revised Statutes, 1989, the Public Service
Superannuation Act, as amended by Chapter 39 of the Acts of 1993, is further amended by
adding immediately after subsection (5) the following subsection:

            (5A)    A surviving spouse or child of an employee is entitled to be granted a
         superannuation allowance pursuant to subsection (1) if, at the time of the employee's
         death, the employee and the spouse or parent

                (a) not being married to each other and neither being married to another
            person, have been living together as husband and wife and have been married to
            each other for a combined continuous period of at least three years; or

                (b) are spouses within the meaning of subclause (iv) of clause (k) of Section
            2.


         2  This Act has effect on and after January 1, 1995.