33

 


Second Session, 46th General Assembly

58 Elizabeth II, 2009

BILL 33

AN ACT TO AMEND THE MEMORIAL UNIVERSITY PENSIONS ACT

Received and Read the First Time...................................................................

Second Reading..............................................................................................

Committee......................................................................................................

Third Reading.................................................................................................

Royal Assent...................................................................................................

HONOURABLE DARIN KING

Minister of Education

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTE

This Bill would amend the Memorial University Pensions Act to remove mandatory retirement provisions in order to ensure consistency with the Human Rights Code.

A BILL

AN ACT TO AMEND THE MEMORIAL UNIVERSITY
PENSIONS ACT

Analysis


        1.   S.15 Amdt.
Retirement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cM-8
as amended

        1. (1) Subsection 15(1) of the Memorial University Pensions Act is repealed and the following substituted:

Retirement

      15. (1) An employee shall be retired under the pension plan

             (a)  when he or she terminates employment on reaching normal retirement age;

          (a.1)  when he or she makes an election under subsection (2) or (3) or section 15.2;

          (a.2)  where he or she continues past normal retirement age, at the earlier of termination of employment or reaching the age at which a pension benefit is required to begin under the Income Tax Act (Canada); or

             (b)  if he or she is not participating in the long term disability insurance plan of the university or a similar plan substituted for it and is unable to perform his or her duties effectively owing to a physical or mental incapacity medically certified to the satisfaction of the board or an employer referred to in paragraphs 3(1)(b) and (c) and approved by the board as likely to be permanent.

             (2)  Subsections 15(7) and 15(8) of the Act are repealed.