Legislative Assembly of New Brunswick
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An Act to Amend the Teachers' Pension Act

Legislature :
55
Session :
3
Bill No. :
49
Member :
Hon. D. Graham
First Reading :
2006-4-25
Second Reading :
2006-4-26
Committee of the Whole :
Amended :
Third Reading :
2006-6-8
Royal Assent :
2006-6-22
Download PDF :
Bill 49

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



1                           Clause 4(1)(b)(ii)(E.2) of the Teachers' Pension Act, chapter T-1 of the Revised Statutes, 1973, is amended



(a)               in subclause (I) by striking out "and" at the end of the subclause;



(b)               by adding after subclause (II) the following:



(III)            with respect to any period of leave before 1992 for which service is credited after 1991, in the case of a teacher who was granted adoption leave of at least two consecutive weeks within one complete pay period, to a maximum of one year in respect of any one adoption, if that teacher resumes employment as a teacher and elects to pay in respect of that period an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date, and



(IV)            with respect to any period of leave after 1991 for which service is credited after 1991, in the case of a teacher who was granted adoption leave of at least two consecutive weeks within one complete pay period, to a maximum of one year in respect of any one adoption, if that period is in accordance with section 8507 of the Income Tax Regulations under the Income Tax Act (Canada), and if that teacher resumes employment as a teacher and elects to pay in respect of that period an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date,



2                           Section 14 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



14(1)               Where a contributor who had to the contributor's credit five or more years of pensionable service dies without leaving a surviving spouse or where a surviving spouse's pension ceases under subsection 13(5), a children's pension equal to the surviving spouse's pension that was being paid or could have been paid under section 13 is to be paid in equal shares to the children of the contributor who, at the time of the contributor's death, are both dependent on the contributor for support and



(a)               under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time,



(b)               under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution, or



(c)                dependent on the contributor by reason of mental or physical infirmity.



(b)               by repealing subsection (2);



(c)               in subsection (2.1) by striking out "subsections (1) and (2)" and substituting "subsection (1)";



(d)               by repealing paragraph (4)(c) and substituting the following:



(c)                in the case of a child described in paragraph (1)(c), if the child ceases to have a mental or physical infirmity.



EXPLANATORY NOTES



Section 1



(a)               Consequential amendment.



(b)               New provisions.



Section 2



(a)               The existing provision reads as follows:



14(1)               Where a contributor who had to the contributor's credit five or more years of pensionable service dies without leaving a surviving spouse or where a surviving spouse's pension ceases under subsection 13(5), a children's pension equal to the surviving spouse's pension that was being paid or could have been paid under section 13 is to be paid in equal shares to the children of the contributor who, at the time of the death of the contributor, are dependent on the contributor for support and who are



(a)               under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time, or



(b)               under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution.



(b)               Consequential amendment.



(c)                Consequential amendment.



(d)               Consequential amendment.

 

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