Public Service Superannuation Regulations

42 (1) Where a contributor to whom subsection 23(2) of the Act applies ceased or ceases to be employed in the Public Service not having reached 60 years of age, for any reason other than disability or abolition of post, the amount of any benefit payable to the contributor under the Act, other than a return of contributions, shall be adjusted until such time as the contributor reaches 60 years of age in such manner that only that proportion of the benefit to which he would be entitled if he were not a transferred pensionable Newfoundland employee that his Canadian service is of his total pensionable service shall be payable to him.

(1.1) Subsection (1) does not apply where a contributor to whom subsection 23(2) of the Act applies ceases or ceased to be employed in the Public Service subsequent to August 30, 1977 having reached 55 years of age and having 30 years of pensionable service to his credit.

(2) In this section,

abolition of post

abolition of post has the same meaning as in the Newfoundland Act; (suppression de poste)

Canadian service

Canadian service means any period of service, other than Newfoundland service, that may be counted as pensionable service for the purposes of the Act. (service canadienne)

(3) Where a person referred to in subsection (1) elected or elects under subsection 3(1) of The Civil Service (Transferred Employees) Act, 1956 of Newfoundland or subsection 3(1) of The Civil Service Transferred Employees Act, 1978 of Newfoundland to receive the pension specified in paragraph (b) of that subsection, there shall be paid to him, in respect of his service with the Government of Newfoundland and, in addition to any other payment to which he is entitled under the Act, a fraction of the pension related to his Newfoundland service that would have been payable to him had he retired upon reaching 60 years of age, such fraction to be determined as follows:

• (a) the numerator is the period of pensionable service to his credit; and

• (b) the denominator is the aggregate of

  • (i) the period of pensionable service to his credit, and

  • (ii) the number of years by which his age at the time he ceases to be employed in the Public Service is less than 60.