Public Service Superannuation Act — P-36 35
Definitions 35 (1) In this section, Newfoundland Act means the Civil Service Acts, 1947-1949 of Newfoundland; ( loi de Terre-Neuve ) Newfoundland service means pensionable service as defined in the Newfoundland Act ; ( temps passé au service de Terre-Neuve ) transferred pensionable Newfoundland employee means a person who was (a) an established civil servant, as defined in the Newfoundland Act , (b) an employee of the Newfoundland Fisheries Board, or (c) a civil servant to whom section 41 of the Newfoundland Act applied, in a service of the Government of Newfoundland that has been taken over by Canada pursuant to the Terms of Union of Newfoundland with Canada and who became an employee of the Government of Canada pursuant to an offer of employment made in accordance with the Terms of Union. ( employé transféré de Terre-Neuve ayant droit à pension ) Newfoundland service countable (2) A contributor who, being a transferred pensionable Newfoundland employee, did not elect in accordance with the Superannuation Act and the regulations thereunder not to count his Newfoundland service as service in the Civil Service is entitled to count such Newfoundland service as pensionable service for the purposes of subsection 6(1). Average annual salary (3) For the purposes of subparagraph 11(1)(a)(ii), the average annual salary of a contributor to whom subsection (2) applies is the average annual salary received by the contributor (a) during either period specified in subparagraph 11(1)(a)(ii), or (b) during the period of the contributor’s Canadian service and the last three years of the contributor’s Newfoundland service, whichever period is the shorter. Adjustment of benefits in certain cases (4) Notwithstanding anything in this Part, where a contributor to whom subsection (2) applies ceases to be employed in the public service, not having reached sixty years of age, the amount of any benefit payable to the contributor under this Part, other than a return of contributions, shall be adjusted in accordance with the regulations. Where an election not to count Newfoundland service (5) Where a contributor who, being a transferred pensionable Newfoundland employee, elected in accordance with the Superannuation Act and the regulations thereunder not to count his Newfoundland service as service in the Civil Service ceases to be employed in the public service, the Governor in Council may grant to him, in respect of his Newfoundland service, a pension or gratuity similar to the pension or gratuity that might have been granted to him in respect of that service, under the Newfoundland Act , on his retirement under that Act under circumstances similar to those under which he ceased to be employed in the public service, the payment of which pension or gratuity may be suspended or terminated by the Governor in Council under circumstances similar to those under which it might have been suspended or terminated had the pension or gratuity been granted under the Newfoundland Act . Saving provision (6) Notwithstanding subsection (5), no pension or gratuity may be granted pursuant to that subsection under the circumstances set out in section 26 of the Newfoundland Act . Idem (7) Subsection 10(4) does not apply in respect of a transferred pensionable Newfoundland employee. Application of Part I of Superannuation Act (8) For the purposes of this Part and the Superannuation Act , Part I of the Superannuation Act shall be deemed to have applied to every transferred pensionable Newfoundland employee from and after the day on which he became an employee of the Government of Canada pursuant to an offer of employment made in accordance with the Terms of Union. R.S., 1985, c. P-36, s. 35; 1992, c. 46, s. 18; 2003, c. 22, s. 225(E)