BILL 64




An Act Respecting Pensions

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

Members' Pension Act

1(1)Section 1 of the Members' Pension Act, chapter M-7.1 of the Acts of New Brunswick, 1993, is amended

(a)by renumbering the section as subsection 1(1);

(b)in subsection (1) by adding the following definition in alphabetical order:

"spouse" means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;

(c)by adding after subsection (1) the following:

1(2)For the purposes of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or have reached the specified age at the beginning of the calendar month following the calendar month in which he or she actually reached or will reach that age.

1(2)The Act is amended by adding after section 1 the following:

1.1(1)For the purposes of this Act and the regulations under this Act, the date of marriage of two persons who are spouses shall be

(a)if the persons are spouses because they were married to each other, the date on which they were married,

(b)if the persons are spouses because they were parties to a voidable marriage, the date on which they were married,

(c)if the persons are spouses because they were parties to a void marriage, the date on which they went through a form of marriage, or

(d)if the persons are spouses because they cohabited together in a conjugal relationship as provided for in the definition "spouse" in subsection 1(1), deemed to be the date on which they commenced to cohabit.

1.1(2)If, by reason of the operation of subsection (1), more than one date could be deemed to be or would be the date of marriage of two persons, the date of marriage of the two persons shall be deemed to be the earlier or earliest of those dates.

1(3)Section 9 of the Act is amended by adding after subsection (2) the following:

9(2.1)If two persons claim to be the surviving spouse of a member referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the member at the time of the member's death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 20.1(3), unless there is a valid written agreement between the member and that spouse, or a court order or judgment, that bars that spouse's claim.

1(4)Section 13 of the Act is amended

(a)in subsection (1) in the portion preceding paragraph (a) by striking out "Subject to subsections (2) and (3)" and substituting "Subject to subsections (2), (3) and (4)";

(b)by adding after subsection (3) the following:

13(4)If two persons claim the surviving spouse's pension under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the person referred to in subsection (1) at the time of that person's death, that spouse is entitled to the surviving spouse's pension, if otherwise eligible and subject to subsection 20.1(3), unless there is a valid written agreement between the person referred to in subsection (1) and that spouse, or a court order or judgment, that bars that spouse's claim.

1(5)Paragraph 15(a) of the Act is repealed and the following is substituted:

(a)to the recipient's surviving spouse who is entitled to the surviving spouse's pension under section 13,

1(6)Subsection 20.1(3) of the Act is repealed and the following is substituted:

20.1(3)If a benefit has been divided under subsection (1), the spouse has no further right

(a)to a division of any other benefit of the member or minister, or of the former member or former minister,

(b)to a surviving spouse's pension with respect to the member or minister, or the former member or former minister, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the member or minister, or the former member or former minister, or

(c)in relation to the Members' Pension Account,

and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.

1(7)The Act is amended by adding after section 31 the following:

32(1)The Lieutenant-Governor in Council may make regulations respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time.

32(2)A regulation under subsection (1) may be made retroactive.

Members Superannuation Act

2(1)Section 1 of the Members Superannuation Act, chapter M-8 of the Revised Statutes, 1973, is amended

(a)by renumbering the section as subsection 1(1);

(b)in subsection (1) by adding the following definition in alphabetical order:

"spouse" means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;

(c)by adding after subsection (1) the following:

1(2)For the purposes of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or have reached the specified age at the beginning of the calendar month following the calendar month in which he or she actually reached or will reach that age.

2(2)The Act is amended by adding after section 1 the following:

1.01(1)For the purposes of this Act and the regulations under this Act, the date of marriage of two persons who are spouses shall be

(a)if the persons are spouses because they were married to each other, the date on which they were married,

(b)if the persons are spouses because they were parties to a voidable marriage, the date on which they were married,

(c)if the persons are spouses because they were parties to a void marriage, the date on which they went through a form of marriage, or

(d)if the persons are spouses because they cohabited together in a conjugal relationship as provided for in the definition "spouse" in subsection 1(1), deemed to be the date on which they commenced to cohabit.

1.01(2)If, by reason of the operation of subsection (1), more than one date could be deemed to be or would be the date of marriage of two persons, the date of marriage of the two persons shall be deemed to be the earlier or earliest of those dates.

2(3)Section 10 of the Act is amended by adding after subsection (2) the following:

10(2.1)If two persons claim to be the surviving spouse of a member referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the member at the time of the member's death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 20.01(3), unless there is a valid written agreement between the member and that spouse, or a court order or judgment, that bars that spouse's claim.

2(4)Section 13 of the Act is amended

(a)in subsection (1) in the portion preceding paragraph (a) by striking out "Subject to subsections (2) and (3)" and substituting "Subject to subsections (2), (3) and (4)";

(b)by adding after subsection (3) the following:

13(4)If two persons claim the surviving spouse's pension under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the person referred to in subsection (1) at the time of that person's death, that spouse is entitled to the surviving spouse's pension, if otherwise eligible and subject to subsection 20.01(3), unless there is a valid written agreement between the person referred to in subsection (1) and that spouse, or a court order or judgment, that bars that spouse's claim.

2(5)Paragraph 15(a) of the Act is repealed and the following is substituted:

(a)to the recipient's surviving spouse who is entitled to the surviving spouse's pension under section 13,

2(6)Subsection 20.01(3) of the Act is repealed and the following is substituted:

20.01(3)If a benefit has been divided under subsection (1), the spouse has no further right

(a)to a division of any other benefit of the member or minister, or of the former member or former minister,

(b)to a surviving spouse's pension with respect to the member or minister, or the former member or former minister, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the member or minister, or the former member or former minister, or

(c)in relation to the Members Superannuation Account,

and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.

2(7)The Act is amended by adding after section 21 the following:

22(1)The Lieutenant-Governor in Council may make regulations respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time.

22(2)A regulation under subsection (1) may be made retroactive.

Provincial Court Act

3(1)Subsection 1(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended

(a)in the definition "panel" in the English version by striking out the period at the end of the definition and substituting a semicolon;

(b)by adding the following definition in alphabetical order:

"spouse" means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition.

3(2)The Act is amended by adding after section 1 the following:

1.1(1)For the purposes of this Act and the regulations under this Act, the date of marriage of two persons who are spouses shall be

(a)if the persons are spouses because they were married to each other, the date on which they were married,

(b)if the persons are spouses because they were parties to a voidable marriage, the date on which they were married,

(c)if the persons are spouses because they were parties to a void marriage, the date on which they went through a form of marriage, or

(d)if the persons are spouses because they cohabited together in a conjugal relationship as provided for in the definition "spouse" in subsection 1(1), deemed to be the date on which they commenced to cohabit.

1.1(2)If, by reason of the operation of subsection (1), more than one date could be deemed to be or would be the date of marriage of two persons, the date of marriage of the two persons shall be deemed to be the earlier or earliest of those dates.

3(3)Section 15 of the Act is amended by adding after subsection (5) the following:

15(5.1)If two persons claim the surviving spouse's annuity under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the judge at the time of the judge's death, that spouse is entitled to the surviving spouse's annuity under subsection (4), if otherwise eligible and subject to subsection 17.3(3), unless there is a valid written agreement between the judge and that spouse, or a court order or judgment, that bars that spouse's claim.

3(4)Paragraph 16(c) of the Act is amended by striking out "within two years of" and substituting "within two years after the date of".

3(5)Section 17.11 of the Act is amended by adding after subsection (2) the following:

17.11(3)If two persons claim to be the surviving spouse of a judge referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the judge at the time of the judge's death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 17.3(3), unless there is a valid written agreement between the judge and that spouse, or a court order or judgment, that bars that spouse's claim.

3(6)Subsection 17.3(3) of the Act is repealed and the following is substituted:

17.3(3)If a benefit has been divided under subsection (1), the spouse has no further right

(a)to a division of any other benefit of the judge, or former judge,

(b)to a surviving spouse's annuity under subsection 15(4) with respect to the judge, or the former judge, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the judge, or the former judge, or

(c)in relation to the pension trust fund under this Act,

and the benefit of the judge, or of the former judge, shall be revalued in accordance with the regulations.

3(7)Section 23 of the Act is amended

(a)by adding after paragraph (1)(i.5) the following:

(i.6)respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;

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

23(3)A regulation under paragraph (1)(i.6) may be made retroactive.

Public Service Superannuation Act

4(1)Subsection 1(1) of the Public Service Superannuation Act, chapter P-26 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

"spouse" means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;

4(2)The Act is amended by adding after section 1 the following:

1.1(1)For the purposes of this Act and the regulations under this Act, the date of marriage of two persons who are spouses shall be

(a)if the persons are spouses because they were married to each other, the date on which they were married,

(b)if the persons are spouses because they were parties to a voidable marriage, the date on which they were married,

(c)if the persons are spouses because they were parties to a void marriage, the date on which they went through a form of marriage, or

(d)if the persons are spouses because they cohabited together in a conjugal relationship as provided for in the definition "spouse" in subsection 1(1), deemed to be the date on which they commenced to cohabit.

1.1(2)If, by reason of the operation of subsection (1), more than one date could be deemed to be or would be the date of marriage of two persons, the date of marriage of the two persons shall be deemed to be the earlier or earliest of those dates.

4(3)Subsection 6(1) of the Act is amended by striking out "paid to the surviving spouse" and substituting "paid to the surviving spouse who is entitled to the surviving spouse's pension under section 11".

4(4)Section 9 of the Act is amended by adding after subsection (2) the following:

9(3)If two persons claim to be the surviving spouse of a contributor referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the contributor at the time of the contributor's death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 19.1(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse's claim.

4(5)Section 11 of the Act is amended

(a)in subsection (7)

(i)by striking out "within one year after" and substituting "within one year after the date of";

(ii)by striking out "at the time of" and substituting "at the time of the date of";

(b)by adding after subsection (7) the following:

11(8)If two persons claim the surviving spouse's pension under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the contributor at the time of the contributor's death, that spouse is entitled to the surviving spouse's pension, if otherwise eligible and subject to subsection 19.1(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse's claim.

4(6)Subsection 19.1(3) of the Act is repealed and the following is substituted:

19.1(3)If a benefit has been divided under subsection (1), the spouse has no further right

(a)to a division of any other benefit of the contributor, or the former contributor,

(b)to a surviving spouse's pension with respect to the contributor, or the former contributor, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the contributor, or the former contributor, or

(c)in relation to the pension trust fund under this Act,

and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.

4(7)Paragraph 28(h) of the Act is repealed and the following is substituted:

(h)respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;

4(8)Section 28.1 of the Act is amended by adding after subsection (1.1) the following:

28(1.2)Regulations made under paragraph 28(h) may be made retroactive.

Teachers' Pension Act

5(1)Subsection 1(1) of the Teachers' Pension Act, chapter T-1 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

"spouse" means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;

5(2)The Act is amended by adding after section 1 the following:

1.1(1)For the purposes of this Act and the regulations under this Act, the date of marriage of two persons who are spouses shall be

(a)if the persons are spouses because they were married to each other, the date on which they were married,

(b)if the persons are spouses because they were parties to a voidable marriage, the date on which they were married,

(c)if the persons are spouses because they were parties to a void marriage, the date on which they went through a form of marriage, or

(d)if the persons are spouses because they cohabited together in a conjugal relationship as provided for in the definition "spouse" in subsection 1(1), deemed to be the date on which they commenced to cohabit.

1.1(2)If, by reason of the operation of subsection (1), more than one date could be deemed to be or would be the date of marriage of two persons, the date of marriage of the two persons shall be deemed to be the earlier or earliest of those dates.

5(3)Subsection 8(1) of the Act is amended by striking out "paid to the surviving spouse" and substituting "paid to the surviving spouse who is entitled to the surviving spouse's pension under section 13".

5(4)Section 11 of the Act is amended by adding after subsection (2) the following:

11(3)If two persons claim to be the surviving spouse of a contributor referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the contributor at the time of the contributor's death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 22.01(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse's claim.

5(5)Section 13 of the Act is amended

(a)in subsection (7)

(i)by striking out "within one year after" and substituting "within one year after the date of";

(ii)by striking out "at the time of" and substituting "at the time of the date of";

(b)by adding after subsection (7) the following:

13(8)If two persons claim the surviving spouse's pension under this section, and one of those persons is a spouse because he or she was married, other than in a void or voidable marriage, to the contributor at the time of the contributor's death, that spouse is entitled to the surviving spouse's pension, if otherwise eligible and subject to subsection 22.01(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse's claim.

5(6)Subsection 22.01(3) of the Act is repealed and the following is substituted:

22.01(3)If a benefit has been divided under subsection (1), the spouse has no further right

(a)to a division of any other benefit of the contributor, or the former contributor,

(b)to a surviving spouse's pension with respect to the contributor, or the former contributor, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the contributor, or the former contributor, or

(c)in relation to the Teachers' Pension Fund under this Act,

and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.

5(7)Section 27 of the Act is amended

(a)by repealing paragraph (1)(f) and substituting the following:

(f)respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time;

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

27(3)A regulation under paragraph (1)(f) may be made retroactive.

Commencement

6Subsections 1(6), 2(6), 3(6), 4(6) and 5(6) shall be deemed to have come into force on January 1, 1997.

EXPLANATORY NOTES

Section 1

(1)(a)The section is renumbered.

(1)(b)A definition is added.

(1)(c)A provision respecting determination of age is added.

(2)Provisions respecting determination of the date of marriage are added.

(3)A provision respecting entitlement to benefits is added.

(4)(a)The existing provision is as follows:

13(1)Subject to subsections (2) and (3), on the death of a person who at the time of his or her death

(a)was receiving an annual pension,

(b)was entitled to receive an annual pension suspended under subsection 18(2), or

(c)was a member who had to his or her credit eight or more sessions of pensionable service,

the person's surviving spouse is entitled to receive immediately a surviving spouse's pension equal to one-half the amount of the person's annual pension calculated in accordance with subsection 10(2) and, where applicable, one-half of the amount of the minister's pension calculated in accordance with subsection 11(3), regardless of the age of the person at his or her death.

(4)(b)A provision respecting entitlement to benefits is added.

(5)The existing provision is as follows:

15Where a benefit, other than a return of contributions, becomes payable under this Part, it shall be paid in equal monthly instalments in arrears and continues, subject to this Part, during the lifetime of the recipient, until the end of the month in which the recipient dies and any amount in arrears that remains unpaid at the time of the recipient's death shall be paid

(a)to the surviving spouse of the recipient,....

(6)The existing provision is as follows:

20.1(3)If a benefit has been divided under subsection (1), the spouse has no further right in relation to the Members' Pension Account, and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.

(7)Regulation-making authority is added.

Section 2

(1)(a)The section is renumbered.

(1)(b)A definition is added.

(1)(c)A provision respecting determination of age is added.

(2)Provisions respecting determination of the date of marriage are added.

(3)A provision respecting entitlement to benefits is added.

(4)(a)The existing provision is as follows:

13(1)Subject to subsections (2) and (3), upon the death of a person who at the time of his death

(a)was receiving an annual pension,

(b)was entitled to receive an annual pension suspended under subsection 18(2), or

(c)was a member who had to his credit ten or more sessions of pensionable service,

his surviving spouse is entitled to receive immediately a surviving spouse's pension equal to one-half the amount calculated under sections 11 and 12.

(4)(b)A provision respecting entitlement to benefits is added.

(5)The existing provision is as follows:

15Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and continues, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies and any amount in arrears thereof that remains unpaid at the time of his death shall be paid

(a)to his surviving spouse,....

(6)The existing provision is as follows:

20.01(3)If a benefit has been divided under subsection (1), the spouse has no further right in relation to the Members Superannuation Account, and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.

(7)Regulation-making authority is added.

Section 3

(1)(a)A punctuation change is made.

(1)(b)A definition is added.

(2)Provisions respecting determination of the date of marriage are added.

(3)A provision respecting entitlement to benefits is added.

(4)The existing provision is as follows:

16Section 15 does not apply....

(c)to a surviving spouse of a judge who dies within two years of his marriage if the Minister is not satisfied that the judge at the time of his marriage was in such a condition of health as to justify him in expecting to survive for at least two years.

(5)A provision respecting entitlement to benefits is added.

(6)The existing provision is as follows:

17.3(3)If a benefit has been divided under subsection (1), the spouse has no further right in relation to the pension trust fund under this Act, and the benefit of the judge, or of the former judge, shall be revalued in accordance with the regulations.

(7)(a) and (b)Regulation-making authority is added.

Section 4

(1)A definition is added.

(2)Provisions respecting determination of the date of marriage are added.

(3)The existing provision is as follows:

6(1)Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and is to continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies and any amount in arrears thereof that remains at any time after his death is to be paid to the surviving spouse, or if there is no surviving spouse or he cannot be found in equal shares to the children, or if there are no children or they cannot be found to the estate of the recipient.

(4)A provision respecting entitlement to benefits is added.

(5)(a)(i) and (ii)The existing provision is as follows:

11(7)Where a contributor dies within one year after his marriage, no surviving spouse's pension is payable to his surviving spouse if the Minister is not satisfied that the contributor was at the time of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.

(5)(b)A provision respecting entitlement to benefits is added.

(6)The existing provision is as follows:

19.1(3)If a benefit has been divided under subsection (1), the spouse has no further right in relation to the pension trust fund under this Act, and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.

(7) and (8)Regulation-making authority is added.

Section 5

(1)A definition is added.

(2)Provisions respecting determination of the date of marriage are added.

(3)The existing provision is as follows:

8(1)Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and is to continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies, and any amount in arrears thereof that remains at any time after his death is to be paid to the surviving spouse, or if there is no surviving spouse or he cannot be found in equal shares to the children, or if there are no children or they cannot be found to the estate of the recipient.

(4)A provision respecting entitlement to benefits is added.

(5)(a)(i) and (ii)The existing provision is as follows:

13(7)Where a contributor dies within one year after his marriage, no surviving spouse's pension is payable to his surviving spouse if the Minister is not satisfied that the contributor was at the time of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.

(5)(b)A provision respecting entitlement to benefits is added.

(6)The existing provision is as follows:

22.01(3)If a benefit has been divided under subsection (1), the spouse has no further right in relation to the Teachers' Pension Fund, and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.

(7)(a) and (b)Regulation-making authority is added.

Section 6

Commencement provision.

Chapter Outline Update

Section 1:Members' Pension Act

(1)(a)Strike out s.1 and substitute the following:

Definitions 1(1)

(1)(b)In s.1(1) add the following definition in alphabetical order:

spouse -- conjoint

(1)(c)Add after s.1(1) the following:

Determination of age 1(2)

(2)Add after s.1(2) the following:

Determination of date of marriage 1.1

(3) - (6)

No change required.

(7)Add after s.31 the following:

Regulations 32

Section 2:Members Superannuation Act

(1)(a)Strike out s.1 and substitute the following:

Definitions 1(1)

(1)(b)In s.1(1) add the following definition in alphabetical order:

spouse -- conjoint

(1)(c)Add after s.1(1) the following:

Determination of age 1(2)

(2)Add after s.1(2) the following:

Determination of date of marriage 1.01

(3)Add after s.10(2) the following:

Entitlement 10(2.1)

(4) - (6)

No change required.

(7)Add after s.21 the following:

Regulations 22

Section 3:Provincial Court Act

(1)(a)No change required.

(1)(b)In s.1(1) add the following definition in alphabetical order:

spouse -- conjoint

(2)Add after s.1(2) the following:

Determination of date of marriage 1.1

(3) - (7)

No change required.

Section 4:Public Service Superannuation Act

(1)In s.1(1) add the following definition in alphabetical order:

spouse -- conjoint

(2)Add the following after s.1(2):

Determination of date of marriage 1.1

(3) and (4)

No change required.

(5)(a)(i) and (ii)No change required.

(5)(b)Add the following after s.11(7):

Entitlement 11(8)

(6) - (8)

No change required.

Section 5:Teachers' Pension Act

(1)In s.1(1) add the following definition in alphabetical order:

spouse -- conjoint

(2)Add after s.1(2) the following:

Determination of date of marriage 1.1

(2) - (4)

No change required.

(5)(a)(i) and (ii)No change required.

(5)(b)Add after s.13(7) the following:

Entitlement 13(8)

(6) - (7)

No change required.

Section 6

No change required.

Endorse:Hon. Edmond P. Blanchard, Q.C.


Last Modified: 04:23pm , February 17, 1998