S.M. 1986-87, c. 40
An Act to amend The Civil Service Superannuation Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsecs. 6(2) and (3) rep. and sub.
Subsections 6(2) and (3) of The Civil Service Superannuation Act, being chapter Cl20 of the Continuing Consolidation of the Statutes of Manitoba are repealed and the following subsections are substituted therefor:
The minister responsible for the administration of this Act may employ an actuary for the purpose of making such reports and valuations as the minister may require; and the Minister of Finance shall, from and out of the Consolidated Fund, pay to the actuary such fees or other remuneration as the minister responsible for the administration of this Act may approve.
Application of Act to employees of certain organizations.
If the Lieutenant Governor in Council so directs and subject to the provisions of this Act, the following persons shall be deemed to be in the civil service for all purposes of this Act:
(a) Any employee of the board.
(b) Any employee of The Teachers' Retirement Allowances Fund.
(c) Any employee of The Manitoba Research Council.
(d) Employees of The Manitoba Government Employees' Association.
(e) Employees of The National Union of Provincial Government Employees.
(f) Any member, officer or employee of a marketing commission or producer board established under The Natural Products Marketing Act.
(g) Any resident administrator of a local government district.
(h) Any employee under this Act who is on leave of absence from an employer under this Act to serve in an official position to which the employee has been elected or appointed in a labour union, or in an employees' organization, to represent exclusively employees of the government or agencies of the government.
(i) Any secretary, treasurer or secretary-treasurer of a watershed district under The Conservation Districts Act.
(j) Any employee of the Manitoba Water Services Board.
(k) Any employee of a housing authority under The Housing and Renewal Corporation Act.
(l) Any employee of a labour union which is the bargaining agent for a bargaining unit comprised of persons who are employees to whom this Act applies and whose duties consist primarily in representing that bargaining unit, (m) Any employee of the Province of Manitoba Human Resources Opportunity Centres.
Application of Act to employees under cl. (3)(m).
This Act, except subsection 60(2), applies to employees mentioned in clause (3)(m) only on, from and after the date on which that clause comes into force.
Subsection 20(5) of the Act is amended by striking out the word "for" in the 5th line thereof and substituting therefor the word "or".
Subsection 22(5) of the Act is repealed.
Subsection 26(1) of the Act is amended by striking out the figure "6" wherever it appears in the 3rd, 4th, 6th and 8th lines of the formula set out thereunder and substituting therefor, in each case, the figure "5".
Subsection 26(1.1) of the Act is repealed and the following subsections are substituted therefor:
Except as may be otherwise provided in this Act, the 5 years of service used for the calculation of an annual superannuation allowance payable to an employee under subsection (1) and to which reference is made in section 25, shall be the last 5 years of the employee's service.
Substitution of certain service.
Where during an employee's last 12 years of service, the rate of salary of the employee within a calendar year that is not within the employee's last 5 years of service, is greater than the rate of the employee's salary during an equivalent period in the last 5 years of service of the employee, the period of service and the rate of salary of the employee during the calendar year that is not within the employee's last 5 years of service, shall be substituted for an equivalent period of service and the salary therefor that is within the employee's last 5 years of service, in determining the average annual salary of the employee for the purpose of calculating the annual superannuation allowance payable to the employee under subsection (1).
Subsection 30(1) of the Act is amended by adding thereto immediately after the word "fund" in the 11th line of clause (c) thereof, the words "based on unisex tables".
Subsection 31(5) of the Act is amended by striking out therefrom the figures and sign ".125%" and substituting therefor the figures and sign ". 0625%".
Subsection 33(12) of the Act is amended by adding thereto at the end thereof the words and figures "and the person's salary shall not include more than 2 years vacation accrued up to a maximum of 50 vacation days".
Subsection 40(1) of the Act is amended
(a) by striking out the words and figures "but less than 10 years of service" after the word "service" where it appears for the first time in the 2nd line thereof; and
(b) by adding thereto at the end of clause (c) thereof the words "or the accumulated contributions plus interest, whichever is the greater".
Subsection 40(1.1) of the Act is amended by adding, after the word "death" in the last line of clause (b) thereof and again in the last line of clause (c) thereof, in each case, the words "or the accumulated contributions plus interest, whichever is the greater".
Section 40 of the Act is further amended by adding thereto immediately after subsection (1.2) thereof the following subsection:
Payment to eligible survivors.
Notwithstanding clause (1.2)(b) where the annuity is paid to a surviving spouse for life if
(a) the surviving spouse dies before the annuity is paid to the spouse for 120 months; and
(b) at the date of the death of the spouse there are one or more eligible survivors of the employee; the annuity shall continue to be paid to each eligible survivor within the meaning of subsection 2(1) for the balance of the 120 months.
Subsection 40(5) of the Act is amended by striking out the words and figures "the year 1981 or 1982 or 1983" in the 1st line thereof and substituting therefor the words and figures "any of the years 1981 to 1986, both inclusive, ".
Subsection 40(11) of the Act is amended by striking out the word and figures "1970, 1971, 1972, 1973, 1974, 1975, 1976, 1977, 1978, 1979, 1980, 1981, 1982 or 1983" in the 5th and 6th lines thereof and substituting therefor the words and figures "1970 to 1986, both inclusive".
Clause 41. l(1)(c) of the Act is amended by adding thereto immediately after the word "pay" in the 4th line thereof the words "to each eligible survivor as defined in subsection 2(1)".
Subsection 61(1) of the Act is amended by adding thereto immediately after the word "moneys" in the 5th line thereof, the words "or accept moneys as voluntary contributions".
Subsection 61(7) of the Act is amended by striking out the word "following" in the 7th line thereof and substituting therefor the word "falling".
Subsection 61(9) of the Act is amended by striking out the words "pension plans" at the end of clause (a) thereof and substituting therefor the words "savings plans or accept moneys as voluntary contributions".
The Act is further amended by adding thereto immediately after section 65 thereof, the following section:
Additional payments to government and agencies.
The board shall credit the government and each agency of the government or such other agencies as the Lieutenant Governor in Council may approve an amount, each month for 36 consecutive months commencing in September, 1986 calculated in accordance with the following formula:
FORMULA
A = B x C/E
In this Formula:
A is the amount payable to the government or to any agency of the government;
B is $83,853.;
C is the number of employees of the government or of the individual agency of the government, as the case may be, who were, on December 31, 1985 contributing to the Civil Service Superannuation Fund; and
E is the total number of employees of the government and of agencies of the government who were, on December 31, 1985 contributing to the Civil Service Superannuation Fund.
Effective date of increased benefits.
Where, as a result of the amendments to The Civil Service Superannuation Act as set out in this Act, increased pension benefits or superannuation allowances become payable
(a) to a retired employee; or
(b) to the spouse of the retired employee; or
(c) to an eligible survivor of the employee; or
(d) to a person entitled to a deferred pension benefit;
those increased benefits or allowances shall take effect and be paid out on, from and after September 1, 1986 but not retroactively.
This Act, except sections 1, 4, 5, 7, 8, 15, 17 and 18, comes into force on the day it receives the royal assent.
Section 7 comes into force on royal assent but is retroactive and shall be deemed to have been in force on, from and after August 1, 1984.
Commencement September 1, 1986.
Sections 4, 5, 8 and 18 come into force on, from and after September 1, 1986.
Commencement October 10, 1986.
Section 1 comes into force on, from and after October 10, 1986.
Sections 15 and 17 come into force on a day fixed by proclamation.