BILL 48

An Act to Amend the Teachersí Pension Act

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

1 Subparagraph 4(1)(b)(ii) of the Teachersí Pension Act, chapter T-1 of the Revised Statutes, 1973, is amended:

(a) by repealing clause (B) and substituting the following:

(B) any period of service performed and credited after 1991, during which he or she was employed in full time employment as a teacher in a public school in any other province or territory of Canada or in Canadian Government Schools in Canada for children of military personnel or Indians, if the period of service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service an amount equal to twice 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,

(b) by repealing clause (E.1) and substituting the following:

(E.1) any period of service performed and credited after 1991, during which he or she served as a member of the Legislative Assembly, but in respect of which he or she is not entitled to a pension under the Members Superannuation Act or the Membersí Pension Act, if the period of service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service 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,

(c) by repealing clause (E.4) and substituting the following:

(E.4) any period of service during which the person was employed as a substitute teacher, if the period of service is in accordance with the Income Tax Regulations under the Income Tax Act (Canada), if there is written documentation acceptable to the Minister to verify such service, and if he or she elects to pay in respect of that period of service 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, except that this clause does not apply where the person has received credit for that period of service under this Act or under any other act of the Province or any other jurisdiction.

2 Subsection 7(2) of the Act is repealed and the following is substituted:

7(2) Subsection (1) does not apply to a contributor who has accumulated at least twenty-five years of pensionable service to his or her credit resulting from teaching service actually rendered in the Province of New Brunswick.

3 Subsection 12(2.1) of the Act is amended by striking out "(D), (E) or (E.1)" and substituting "(D) or (E)".

4 Subparagraphs 2(b)(iii) and (v) and paragraph 8(a) of An Act to Amend the Teachersí Pension Act, chapter 44 of the Acts of New Brunswick, 1999, are repealed.

5(1) Paragraphs 1(a) and (b) and sections 2, 3 and 4 of this Act come into force on July 1, 2000.

5(2) Paragraph 1(c) of this Act shall be deemed to have come into force on April 1, 1999.

EXPLANATORY NOTES

Section 1

1(a) The existing provision is as follows:

4(1) Subject to this Act, the following service may be counted by a contributor as pensionable service, namely,

(b) elective service, comprising,

(ii) with reference to any contributor,

(B) any period of service during which he was employed in full time employment as a teacher in the public schools of any other province in Canada or the territories or in any other country that is or was at the time the service occurred, a member of the British Commonwealth of Nations, or in Canadian Government Schools for children of military personnel or Indians, or teaching in a foreign country under the Department of External Affairs or the Canadian International Development Agency if he elects to pay in respect of that period of service an amount equal to twice the amount he would have been required to pay had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,

1(b) The existing provision is as follows:

4(1) Subject to this Act, the following service may be counted by a contributor as pensionable service, namely,

(b) elective service, comprising,

(ii) with reference to any contributor,

(E.1) any period of service during which he served as a Member of the Legislative Assembly, but in respect of which he is not entitled to a pension under the Members Superannuation Act, if he elects to pay in respect of that period of service an amount equal to the amount he would have been required to pay had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,

1(c) The existing provision is as follows:

4(1) Subject to this Act, the following service may be counted by a contributor as pensionable service, namely,

(b) elective service, comprising,

(ii) with reference to any contributor,

(E.4) any period of service, before the person became a contributor, during which the person was employed as a substitute teacher, if the period of service is in accordance with the Income Tax Regulations under the Income Tax Act (Canada), if there is written documentation acceptable to the Minister to verify such service, and if he or she elects to pay in respect of that period of service 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, except that this clause does not apply where the person has received credit for that period of service under this Act or under any other act of the Province or any other jurisdiction.

Section 2

The existing provision is as follows:

7(2) Subsection (1) does not apply

(a) to a contributor who has acquired a period of pensionable service under clause 4(1)(b)(ii)(B) prior to May 15, 1971, or

(b) to a contributor who has accumulated at least twenty-five years of pensionable service to his credit resulting from teaching service actually rendered in the Province of New Brunswick.

Section 3

The existing provision is as follows:

12(2.1) For the purposes of paragraph (2)(b), a contributor who has purchased service under clause 4(1)(b)(ii)(A), (C), (C.1), (D), (E) or (E.1) which occurred immediately prior to September 1, 1966 shall be deemed to be a person who immediately prior to September 1, 1966 was a contributor under the Teachersí Act.

Section 4

Repeal provision.

Section 5

Commencement provision.