BILL NO. 36
(as passed)
5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013
Provincial Court Act
(amended)
CHAPTER 27 OF THE ACTS OF 2013
The Honourable Ross Landry
Minister of Justice
5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013
The Honourable Ross Landry
Minister of Justice
First Reading: April 8, 2013 (LINK TO BILL AS INTRODUCED)
Second Reading: April 25, 2013
Third Reading: May 2, 2013
Royal Assent: May 10, 2013
Be it enacted by the Governor and Assembly as follows:
1 Clause 2(b) of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, is amended by striking out "purposes of Sections 21 and 22" in the second and third lines and substituting "purpose of Sections 22 to 27".
2 Clause 21E(1)(d) of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by adding "and increases thereto in respect of increases in the cost of living" immediately after "benefits" in the first line. 3 (1) Subsection 23(1) of Chapter 238, as enacted by Chapter 29 of the Acts of 2000, is amended by adding "and Section 24" immediately after "Section" in the first line. (2) Subsection 23(4) of Chapter 238 is repealed and the following subsection substituted:(3) Subsection 23(6) of Chapter 238 is repealed and the following subsection substituted:
4 Chapter 238 is further amended by adding immediately after Section 23 the following Sections:
(a) has continued in office for at least twenty years, has attained the age of sixty years and ceases to hold office;
(b) has continued in office for at least ten years and resigns if, in the opinion of the Governor in Council, the resignation is conducive to the better administration of justice or in the public interest;
(c) has continued in office for at least five years and has ceased to hold office by reason of having attained the age of sixty-five years; or
(d) has continued in office for at least five years but fewer than ten years, has become afflicted with a mental or physical infirmity that disables the judge from the due execution of judicial duties, and has resigned as a judge or, by reason of such infirmity, is removed as a judge.
(2) Subject to subsection (1) of Section 25, a pension payable pursuant to subsection (1) shall be calculated as an amount equal to
(a) where the judge has not yet attained the age of sixty-five years, three and one-half per cent of the average of the judge's best three years' salaries multiplied by the number of years of service as a judge to a maximum of twenty years; or
(b) where the judge has attained the age of sixty-five years, the amount otherwise determined in accordance with clause (a) without reference to age, less an amount calculated as seven tenths of one per cent of the average of the best five years' salaries that are within the Year's Maximum Pensionable Earnings for those years, as determined pursuant to the Canada Pension Plan, multiplied by the number of years of pensionable service determined pursuant to the Public Service Superannuation Act.
(3) The spouse, common-law partner, child or dependant of a judge who dies and would have been entitled to receive a pension, if the judge had attained the age of sixty-five years immediately prior to death, or was in receipt of a pension pursuant to subsection (1) at the time of death, is entitled to a pension in the same percentages and payable terminating under the same terms and conditions as if the judge were receiving or would have received such pension pursuant to the Public Service Superannuation Act.
25 (1) A pension payable pursuant to subsection (1) or (3) of Section 24 shall be reduced by any amount payable pursuant to the Public Service Superannuation Act.
(2) A pension payable pursuant to subsection (1) or (3) of Section 24 in excess of any amount payable pursuant to the Public Service Superannuation Act shall be paid out of the General Revenue Fund of the Province.
(3) A pension payable pursuant to subsection (1) or (3) of Section 24 shall be increased in accordance with increases in the cost of living in the amount from time to time determined in the manner prescribed by the Governor in Council pursuant to the Public Service Superannuation Act.
26 (1) Notwithstanding Section 21N and subsection (3) of Section 23, sitting judges as of the thirty-first day of March, 2002, excluding retired judges and judges elevated from the Family Court to the Supreme Court (Family Division), may elect to receive pension benefits to which judges appointed on or after the first day of April, 2002, are entitled, and may make this election at the time of retirement.
(2) A judge who elects to retire before age sixty-five, shall give the Chief Judge notice of this election at least three months before retiring, unless the Chief Judge waives the whole or any portion of the notice period.
(3) The pension benefits of a judge appointed on or after the first day of April, 2002, is governed by Sections 24, 25 and this Section.
5 (1) Subsection 25(3) of Chapter 238, as enacted by this Act, is amended by striking out "A" in the first line and substituting "Subject to subsection (4), a".
(2) Section 25 of Chapter 238, as enacted by this Act, is further amended by adding immediately after subsection (3) the following subsection:
6 Chapter 238 is further amended by adding immediately after Section 26 the following Sections:
(2) Where the contributions determined and recommended by a tribunal exceed those required pursuant to the Public Service Superannuation Act, the contributions made in excess of those required by the Public Service Superannuation Act shall be paid to the General Revenue Fund of the Province.
(3) Where the contributions required pursuant to the Public Service Superannuation Act exceed those determined and recommended by a tribunal, the amount by which the contributions required pursuant to the Public Service Superannuation Act exceed those determined and recommended by a tribunal shall be paid out of the General Revenue Fund of the Province.
28 For the purpose of clause (c) of subsection (2) of Section 23, clause (c) of subsection (3) of Section 23 and subsection (3) of Section 24, a reference to the Public Service Superannuation Act is a reference to that Act as it read on the tenth day of May, 2010.
7 (1) Section 1, subsection 3(1) and Section 4 have effect on and after April 1, 2002.
(2) Section 6 has effect on and after May 11, 2010.
(3) Section 2, subsection 3(2) and Section 5 have effect on and after January 1, 2011.
(4) Subsection 3(3) has effect on and after April 1, 2012.