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An Act to amend certain Acts (S.C. 2004, c. 16)

Assented to 2004-05-06

16. Paragraph 11(b) of the Act is replaced by the following:

  • (b) prescribing the medical examination to be required to determine whether a contributor is disabled for the purposes of section 3; and

17. Section 13 of the Act is renumbered as subsection 13(1) and is amended by adding the following:

  • Marginal note:Exception

    (2) Despite subsection (1), a person to whom subsection 4.1(1) applies is required, in respect of the period referred to in subsection 4.1(2), to contribute to the Supplementary Retirement Benefits Account one per cent of the salary that he or she would have been paid during that period if the person had continued to hold office as a lieutenant governor of a province.

  • Marginal note:Manner of payment

    (3) The contributions that the contributor is required to make under subsection (2) are to be

    • (a) remitted directly by the contributor on a monthly, quarterly, semi-annual or annual basis if he or she becomes entitled to long-term disability insurance benefits under the Public Service Management Insurance Plan; or

    • (b) made by reservation from the disability allowance payable to him or her under section 5 of the Salaries Act.

Marginal note:2000, c. 12

MODERNIZATION OF BENEFITS AND OBLIGATIONS ACT

18. Section 174 of the Modernization of Benefits and Obligations Act is replaced by the following:

174. The Act is amended by adding the following after section 8:

Marginal note:Election for former Lieutenant Governor

  • 8.1 (1) If the person to whom a former Lieutenant Governor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to a pension under section 7 in the event of the former Lieutenant Governor's death, the former Lieutenant Governor may make an election, in accordance with the regulations, to reduce the amount of the pension to which he or she is entitled in order that the person could become entitled to a pension under subsection (2).

  • Marginal note:Payment

    (2) A person referred to in subsection (1) is entitled to a pension in an amount determined in accordance with the election and the regulations if the former Lieutenant Governor dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Lieutenant Governor at the time of his or her death, or was cohabiting with the former Lieutenant Governor in a relationship of a conjugal nature for a period of at least one year immediately before his or her death.

  • Marginal note:No entitlement

    (3) A person who is entitled to receive a pension under section 7 after the former Lieutenant Governor's death is not entitled to a pension under subsection (2) in respect of that former Lieutenant Governor.