BILL 10

An Act to Amend the City of Saint John Pension Act

1Subsection 1(1) of the City of Saint John Pension Act, chapter 112 of the Acts of New Brunswick, 1994, is amended

(a)by repealing the definition "average salary'' and substituting the following:

"average salary'' means the average annual salary received by a member during the period of three consecutive years of employment with the City during which that member's salary was highest, and where a member during any period is in receipt of benefits under the Worker's Compensation Act, chapter W-13 of the Revised Statutes of New Brunswick, 1973, the member is deemed, for the purpose of calculating that member's pension, to have received the salary that member would have received had the member been employed during that period;

(b)by repealing paragraph (d) of the definition "spouse'' and substituting the following:

(d)not being married to each other, have cohabited

(i)continuously for a period of not less than 3 years in a conjugal relationship, or

(ii)in a relationship of some permanence where there is a child born of whom they are the natural parents,

and have cohabited within the preceding year,

(c)by repealing the definition "pensionable service'' and substituting the following:

"pensionable service'' means any period of employment in respect of which the member has made contributions to the plan;

2Section 8 of the Act is amended

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

8(1)A member may elect to count as pensionable service any period of full-time employment, or less than full-time employment, upon paying into the pension fund the contributions such member would have been required to pay had the member been a member during that period, together with interest.

(b)by repealing subsection (3).

3Section 19 of the Act is repealed and the following substituted:

19A member is not entitled to a disability pension if the member is eligible for a pension under section 10 on the date of becoming totally and permanently disabled.

4Section 23 of the Act is amended

(a)by repealing subsection (3) and substituting the following:

23(3)Upon the death of a member while employed, as a result of accident arising out of or in the course of that member's employment,

(a)the surviving spouse of that member is entitled, subject to section 26, to an annual pension equal to 60 per cent of the salary if such member at the date of the member's death, and

(b)the dependent child of that member, or if there is more than one child the dependent children in equal shares, is entitled to an annual pension equal to the excess, if any, of the amount calculated under section 26 where the number 100 is substituted for the number 66 2/3, or of 60% of the salary of the member, whichever is the lesser, over the annual pension payable to the surviving spouse under paragraph (a), for the period beginning on the first day of the month following the day of the death of the member and ending on the earliest of

(i)where the dependent child is not in full-time attendance at an educational institution, December 31 of the calendar year in which the dependent child attains 18 years of age,

(ii)where the dependent child is in full-time attendance at an educational institution, the day on which the dependent child ceases to be in full-time attendance at an educational institution, but not later than the day the dependent child attains 25 years of age, and

(iii)the day of death of the dependent child.

(b)by repealing subsection (4) and substituting the following:

23(4)Where, under this Act or the previous Act, a spouse becomes a spouse after the former member commenced receiving a pension, on the death of the former member

(a)if the surviving spouse was more than 10 years younger than the former member, the surviving spouse's pension shall be reduced by 5% for each year of the difference in age in excess of 10 years, and

(b)the surviving spouse is not entitled to a surviving spouse's pension if the spouse became a spouse within 1 year of the death of the former member unless the Pension Board is satisfied that the former member was, at the time the surviving spouse became a spouse, in such a condition of health as to justify the former member in having an expectation of surviving for at least 1 year thereafter.

5Section 24 of the Act is amended

(a)by repealing subsection (2) and substituting the following:

24(2)Where a member mentioned in subsections 23(1) or (3) dies without leaving a surviving spouse, a child's pension is to be paid to the dependent child of the member, or if there is more than one child to the dependent children in equal shares, as follows:

(a)if the member died while employed, as a result of accident arising out of or in the course of that member's employment, the total amount of the pension to the dependent child shall equal the total pension which would have been payable under subsection 23(3) had there been a surviving spouse at the time of the member's death and a surviving dependent child,

(b)if the death of the member was not the result of accident arising out of or in the course of that member's employment, the total amount of the pension to the dependent child shall equal the surviving spouse's pension that could have been paid under subsection 23(1),

for the period beginning on the first day of the month following the day of the death of the member and ending on the earliest of

(c)where the dependent child is not in full-time attendance at an educational institution, on December 31 of the calendar year in which the dependent child attains 18 years of age,

(d)where the dependent child is in full-time attendance at an educational institution, the day on which the dependent child ceases to be in full-time attendance at an educational institution, but not later than the day the dependent child attains 25 years of age, and

(e)the day of death of the dependent child.

(b)by adding after subsection (2) the following:

24(2.1)Where a surviving spouse's pension ceases pursuant to subsection (1), a child's pension is to be paid to the dependent child of the member or former member, of if there is more than one child to the dependent children in equal shares, equal to the pension that was being paid to the surviving spouse in addition to any pension that was being paid to the dependent child under subsection 24(2) and ceasing on the earliest of the dates mentioned in paragraphs 24(2)(c), (d) and (e).

(c)by repealing subsection (4.1) and substituting the following:

24(4.1)Where on the death of a member or former member there is no surviving spouse and no dependent child the Pension Board may grant to a dependant of the member or former member a pension not exceeding

(a)an amount equal to the amount of the surviving spouse's pension that could have been paid under subsection 23(1) had the spouse survived the member or former member, or where applicable, an amount equal to the total amount of pension that could have been paid had a spouse and a dependent child survived the member under subsection 23(3), or

(b)an amount equal to 60% of the adjusted pension, if the former member was in receipt of an adjusted pension under section 13,

for such period of time as the Pension Board directs but not exceeding a period beginning on the day of death of the member or former member and ending on the day on which the dependant ceases to be infirm, or if there is no such day, the day of death of the dependant.

(d)by repealing subsection (5) and substituting the following:

24(5)In this Act, "dependant'' of a member or former member means a parent, grandparent, brother, sister, child or grandchild of the member or former member who is both dependent on the member or former member for support and

(a)under 19 years of age and will not attain 19 years of age in the calendar year in which the pension to the dependant becomes payable,

(b)in the case of a child under the age of 25, is in full-time attendance at an educational institution, or

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


Last Modified: 10:55am , November 28, 1997