RSNL1990 CHAPTER C-18 - CIVIL SERVICE TRANSFERRED EMPLOYEES ACT

Short title

1. This Act may be cited as the Civil Service Transferred Employees Act.

1978 c72 s1

Application of Act

2. This Act applies to persons who were on March 31, 1949, the date of Union of Newfoundland and Labrador with Canada, employees of the Government of Newfoundland and Labrador in the services taken over by the Government of Canada under the Terms of Union of Newfoundland with Canada set out in the Schedule to the Constitution Act, 1949, and who afterward accepted employment, in those or similar Canadian services including employment with the Canadian National Railways, which was offered to them under paragraph (l) of Term 39 of the Terms of Union.

1978 c72 s2; 2001 cN-3.1 s2

Retirement

3. (1) When a person referred to in section 2 retires or is retired from a Canadian service referred to in that section and a superannuation allowance, a retiring allowance or a pension is granted or awarded to that person in respect of his or her employment in the Canadian service, that person may, before the expiration of 90 days from the date of that retirement, elect

(a) to receive a pension in respect of his or her service with the Government of Newfoundland and Labrador to be calculated and paid in accordance with Term 39 of the Terms of Union

(i) when that person reaches retirement, if then he or she is not less than 60 years old,

(ii) when that person reaches 60 years of age, if at retirement he or she is less than 60 years old, or

(iii) when that person reaches 55 years of age or his or her retirement whichever is later, if he or she has accrued not less than 30 years of service with the Government of Newfoundland and Labrador and the Government of Canada for the purposes of pension; or

(b) to receive as soon as that person retires from the Canadian service a pension in respect of his or her service with the Government of Newfoundland and Labrador the rate of which shall be calculated so that based on his or her life expectancy the aggregate of the pension payments made to him or her under this paragraph shall not cast a heavier burden on the province than if he or she had elected to be pensioned under paragraph (a).

(2) Where a person to whom this section applies fails to exercise an election under subsection (1), a pension payable in respect of that person's service with the Government of Newfoundland and Labrador shall be paid in accordance with paragraph (a) of that subsection, and where that person exercises an election that person shall be paid in accordance with the method selected by him or her.

1978 c72 s3; 2001 cN-3.1 s2

Pension suspended

4. Where a person to whom pension payments are being made under this Act is employed or re-employed by the Government of Canada, by an agency of that government, by a corporation the main business of which is the management or administration of the property of that government or by the government of the province, the pension payments shall be suspended during the period of that employment or re-employment.

1978 c72 s4

Payment of pension

5. (1) When a person elects to be pensioned under paragraph 3(1)(b), the pension payable to that person under that paragraph may be paid to him or her directly by the province or the province may make an agreement with the Crown in right of Canada under which the pension payments would be made by the Crown in right of Canada and the province would reimburse the Crown in right of Canada in respect of those payments.

(2) All payments required to be made by the province under this Act shall be paid out of the Consolidated Revenue Fund of the province.

1978 c72 s5

No additional rights

6. Nothing in this Act confers on a person to whom it applies a right in respect of that person's service with the Government of Newfoundland before March 31, 1949 , that he or she did not enjoy before December 27, 1956 .

1978 c72 s6

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