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The Legislative Assembly Amendment and Consequential Amendments Act

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S.M. 1993, c. 53

The Legislative Assembly Amendment and Consequential Amendments Act

(Assented to July 27, 1993)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L110 amended

1           The Legislative Assembly Act is amended by this Act.

2           Section 1 is amended by adding the following definitions in alphabetical order:

"official opposition" means the members of the Assembly who belong to the political party that is represented in the Assembly by the second largest number of members; (« opposition officielle »)

"recognized opposition party" means the members of the Assembly who belong to a political party that is represented in the Assembly by four or more members and that is not

(a) the political party represented in the Assembly by the largest number of members, or

(b) the official opposition; (« parti d'opposition reconnu »)

3           The heading preceding section 2 is amended by striking out "PART I" and substituting "PART 1".

4           The following is added after section 52:

GENERAL PROVISIONS

Assembly records

52.1(1)     Notwithstanding any other Act, every record relating to a member or to the administration of the Assembly that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the Assembly.

Definition of "record"

52.1(2)      In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics.

5           The following is added as Part 2:

PART 2

INDEMNITIES, ALLOWANCES AND RETIREMENT BENEFITS

INTERPRETATION

Definitions

52.6        In this Part,

"allowance" means an allowance referred to in section 52.15; (« allocation »)

"commission" means the Indemnities and Allowances Commission established in section 52.8; (« Commission »)

"indemnity" means an indemnity referred to in section 52.15; (« indemnité »)

"Legislative Assembly Management Commission" means the Legislative Assembly Management Commission continued under The Legislative Assembly Management Commission Act; (« Commission de régie »)

"member of the Executive Council" means a person appointed to the Executive Council under The Executive Government Organization Act; (« membre du Conseil exécutif »)

"regulations" means the regulations made under this Part; (« règlements »)

"retirement benefits" means the retirement benefits referred to in section 52.16. (« prestations de pension »)

Interpretive rules re members

52.7(1)     The following interpretive rules apply in determining a member's entitlement to indemnities and allowances under clauses 52.15(1)(a) to (c):

(a) a member is entitled to be paid the indemnity and the allowance for expenses described in clauses 52.15(1)(a) and (b) as of the day of general polling in the election in which he or she is elected, and ceases to be entitled on the day he or she ceases to be a member;

(b) a member is entitled to be paid an indemnity for a position described in clause 52.15(1)(c) as of the day he or she first holds the position, and ceases to be entitled on the day he or she ceases to hold the position;

(c) a member who holds a position described in clause 52.15(1)(c) on the first day of the first session of the Assembly after a general election is deemed to have held the position as of the day of general polling at the general election;

(d) a member who holds a position described in clause 52.15(1)(c) on the day the Assembly is dissolved is deemed to continue to hold the position until the day before the day of general polling at the next general election;

(e) on the day a member who holds a position described in clause 52.15(1)(c) ceases to be a member, the member ceases to hold the position;

(f) a member ceases to be a member

(i) on the day the member dies or resigns,

(ii) when the Assembly is dissolved, on the day before the day of general polling at the next general election,

(iii) if the member's election is declared void under The Controverted Elections Act, on the day the judgment that sets out the declaration is delivered,

(iv) if the member's seat is vacated under section 18 or 20 for a reason other than disqualification from office under The Legislative Assembly and Executive Council Conflict of Interest Act, on the day the Speaker determines that the seat becomes vacant, and

(v) if the member is disqualified from office under The Legislative Assembly and Executive Council Conflict of Interest Act, on the day prescribed by that Act for the disqualification to occur or, if the disqualification results from a judgment of the Court of Queen's Bench, on the day the judgment is delivered.

Recognition of leader of the opposition

52.7(2)     When the Speaker recognizes a member as the leader of the official opposition or the leader of a recognized opposition party, the Speaker may recognize the member as holding the position retroactively to any day after the predecessor in that position ceased to hold the position.

Persons recognized by the Speaker

52.7(3)     If the Speaker is to recognize a member as holding a position described in clause 52.15(1)(c) and there is no Speaker and the Legislature is not in session, the Clerk of the Assembly may do so.

INDEMNITIES AND ALLOWANCES COMMISSION

Appointment of commission

52.8(1)     The Indemnities and Allowances Commission is established, consisting of five members appointed by the Legislative Assembly Management Commission.

Appointment of replacement members when no LAMC

52.8(2)     If a member of the commission resigns, becomes incapable of acting or dies when the Legislative Assembly Management Commission is without commissioners, the chairperson of the commission may appoint a replacement to complete the term of the member from a list of persons made by the Legislative Assembly Management Commission.

Responsibility of commission

52.9        It is the responsibility of the commission

(a) to decide on the indemnities, allowances and retirement benefits to be paid to members on and after polling day of the first general election following dissolution of the Assembly of the 35th Legislature and to implement those decisions; and

(b) to make recommendations about the means for determining the indemnities, allowances and retirement benefits in future, including how any future commission ought to be constituted, whether it ought to be permanent and, if so, how frequently it ought to meet.

Term of appointment

52.10(1)    The term of the members of the commission begins on the day they are appointed and ends one year after the regulations under section 52.18 are made or come into force, whichever is later.

Honorarium and expenses

52.10(2)    The chairperson of the commission is entitled to an honorarium of $7,500. and the other members of the commission are each entitled to an honorarium of $5,000., and all members are to be paid expenses incurred while performing duties under this Part.

Chairperson and vice-chairperson

52.11(1)    The Legislative Assembly Management Commission may designate one of the members of the commission as chairperson and another as vice-chairperson.

Duties of chairperson

52.11(2)    The chairperson is responsible for directing the commission in the discharge of its responsibilities and, if the chairperson is absent or unable to act, the vice-chairperson has the powers of the chairperson.

Interim chairperson

52.11(3)    The commission may designate a member as an interim chairperson if both the chairperson and vice-chairperson are absent or unable to act or have resigned, become incapable of acting or died.

Quorum

52.12(1)     Three members of the commission constitute a quorum.

Decision of commission

52.12(2)    A decision of the majority of the members of the commission present at a meeting is a decision of the commission and, if there is no majority, the decision of the chairperson is the decision of the commission.

Procedure

52.13(1)    The commission may determine its own procedure, but shall give full opportunity for persons to make submissions in writing about the matters described in sections 52.15 and 52.16.

Application of Part V of Evidence Act

52.13(2)    The commission has the powers, protection and privileges of a commissioner under Part V of The Manitoba Evidence Act.

Extension of time

52.14       The Legislative Assembly Management Commission or, if it is without commissioners, the chairperson of the commission may extend the time for the commission to make its decisions and recommendations for a period not exceeding three months at any one time.

INDEMNITIES AND ALLOWANCES

Commission to decide indemnities and allowances

52.15(1)    Before January 31, 1994, the commission shall make the following decisions about indemnities and allowances:

(a) the amount of an indemnity to be paid to every member by virtue of being a member;

(b) whether an additional allowance for expenses is to be paid to every member by virtue of being a member and, if so, the amount of the allowance;

(c) the amount of an additional indemnity to be paid to members holding the following positions:

(i) the Speaker and Deputy Speaker,

(ii) the member recognized by the Speaker as leader of the official opposition and the member recognized by the Speaker as leader of a recognized opposition party,

(iii) the member elected as deputy chairperson of the Committee of the Whole House,

(iv) a member who is a permanent member of a standing or special committee and who is elected as permanent chairperson or vice-chairperson of such a committee,

(v) the member recognized by the Speaker as government house leader, the member recognized by the Speaker as house leader of the official opposition and member recognized by the Speaker as the house leader of a recognized opposition party,

(vi) the member recognized by the Speaker as government whip, the member recognized by the Speaker as whip of the official opposition, and the member recognized by the Speaker as whip of a recognized opposition party,

(vii) a member appointed as a legislative assistant to a member of the Executive Council;

(d) the amount of an additional indemnity to be paid to members of the Executive Council;

(e) the amount of an additional living allowance to be paid to members who represent an electoral division that is wholly or partly outside the City of Winnipeg, and the circumstances in which it is to be paid;

(f) the amount of an additional allowance to be paid to members for access and service to constituents, and the circumstances in which it is to be paid;

(g) the amount of an additional allowance to be paid to members for travel, a vehicle allowance and mileage, and related expenses, and the circumstances in which any of them is to be paid;

(h) the amount of a severance allowance to be paid to members who are not entitled to a severance allowance under section 52.21, and the circumstances in which it is to be paid;

(i) whether or not an additional indemnity is to be paid to a member of a standing or special committee appointed by the Assembly or in accordance with the rules of the Assembly, who is not a member of the Executive Council or a member recognized by the Speaker as occupying the position as leader of the official opposition or leader of a recognized opposition party, and who attends a committee on a day when the Assembly is not in session or on a day when the Assembly is in session but is not sitting and has been adjourned for a period of four or more continuous days, and if such an indemnity is to be paid, the amount of the indemnity;

(j) whether any additional indemnity or allowance for expenses is to be paid to members and, if so, the amount of any additional payment and the circumstances in which it is to be paid.

Decisions about living allowance

52.15(2)    When deciding on the living allowance under clause (1)(e), the commission may also decide

(a) the types of expenses for which the allowance may be used, including expenses incurred in the period after a member ceases to be a member; and

(b) any other matter that the commission considers necessary or desirable to carry out its responsibilities effectively.

Decisions about access and service to constituents

52.15(3)    When deciding on the allowance for access and service to constituents under clause (1)(f), the commission may also decide

(a) the types of expenses for which the allowance may be used, including expenses incurred in the period after a member ceases to be a member;

(b) ownership of property acquired with the allowance;

(c) the terms and conditions on which a member, on ceasing to be a member, may acquire property purchased with the allowance; and

(d) any other matter that the commission considers necessary or desirable to carry out its responsibilities effectively.

Matters to be included

52.15(4)    In carrying out its responsibilities under this section, the commission shall also decide, in relation to indemnities and allowances,

(a) when and in what manner they are to be paid;

(b) the period for which they are to be paid;

(c) the circumstances and manner in which they are to be prorated;

(d) whether they are to be adjusted because of changes in the cost of living and, if so, when and in what manner;

(e) the information regarding indemnities and allowances to be disclosed to the public; and

(f) any other matter the commission considers necessary or desirable to carry out its responsibilities effectively.

RETIREMENT BENEFITS

Commission to decide retirement benefits

52.16(1)    Before January 31, 1994, the commission shall decide on

(a) the retirement benefits to be paid to members and the nature and amount of those benefits; and

(b) the information regarding retirement benefits to be disclosed to the public.

Plan may be established

52.16(2)    The commission may decide that a plan is to be established for the purpose of subsection (1).

Administrator of plan

52.16(3)    The Civil Service Superannuation Board shall administer any plan established under this section.

REPORT

Report of commission

52.17(1)    The commission shall report to the Speaker without delay after making its decisions and recommendations, and the Speaker shall cause the report to be laid before the Assembly without delay if the Assembly is in session, and, if the Assembly is not in session, within 15 days after the beginning of the session.

Availability of report

52.17(2)    The Speaker or, if there is no Speaker, the Clerk of the Assembly shall on receipt of the report make copies of it available to the public.

REGULATIONS

Regulations

52.18(1)    Without delay after making decisions under sections 52.15 and 52.16, the commission shall make any regulations it considers necessary or desirable to implement its decisions.

Transitional regulations

52.18(2)    The regulations under subsection (1) may provide for any transitional provisions that the commission considers necessary or desirable as a result of the coming into force of this Part.

Coming into force of regulations

52.18(3)    The regulations under subsection (1) are to come into force on polling day of the first general election after dissolution of the Assembly of the 35th Legislature, and they may be made retroactive if it is necessary to do so in order for them to come into force on that day.

Publication

52.18(4)    The commission shall ensure that the regulations are published without delay in Part I of The Manitoba Gazette.

Amendment by L.A.M.C.

52.19(1)    After the commission's term ends, the Legislative Assembly Management Commission may, by regulation, amend the regulations made under section 52.18 that deal with the matters described in subsections 52.15(2) (living allowance) and (3) (allowance for access and service to constituents).

Publication

52.19(2)     The Legislative Assembly Management Commission shall ensure that any amending regulations are published without delay in Part I of The Manitoba Gazette.

Amounts not to be altered for two years

52.20       The amount of an indemnity, allowance or retirement benefit determined in accordance with the regulations under section 52.18 shall not be altered for at least two years after the day the regulations are made or come into force, whichever is later.

SEVERANCE ALLOWANCE: TRANSITIONAL PROVISIONS

Definition

52.21(1)    In this section, "pay" means the annual indemnity and allowance described in clauses 52.15(1)(a) and (b).

Application

52.21(2)    This section applies only to members of the 35th Legislature who are members on or after the day this section comes into force.

Severance allowance

52.21(3)    Subject to subsection (4), a member who ceases to be a member for any reason other than under section 18 (conviction) or 20 (disqualification) is entitled to a payment calculated at a rate of one month's pay for each consecutive year that he or she has served as a member.

Calculation of payment

52.21(4)    Notwithstanding the number of periods of service as a member, a payment under this section is to be a minimum of three months' pay and a lifetime maximum of 12 months' pay, calculated pro rata for any period of service less than a year.

MAILING, TELEPHONE AND PRINTING PRIVILEGES

Mailing privileges

52.22(1)    In addition to any other privileges that a member has for sending letters by mail at government expense, each member may, three times in each fiscal year, mail letters at government expense to persons residing or carrying on business in the electoral division that the member represents.

Telephone privileges

52.22(2)     In addition to any other privileges that a member has for the use of telephones at government expense, the cost of long distance calls made by the member may, subject to any rules made by the Legislative Assembly Management Commission about telephone privileges, be charged to and paid out of the appropriations voted for the purpose of providing services to members.

Printing privileges

52.22(3)    In addition to any other privileges that a member has for printing written material at government expense, each member may, three times in each fiscal year, have printed at government expense written material for circulation to persons residing or carrying on business in the electoral division that the member represents, but the expense to the government of each printing must not exceed 1 1/2 times the cost that would be incurred by the government for a mailing of that printed material if it were mailed at government expense under subsection (1).

Privileges of new member

52.22(4)    Notwithstanding subsections (1) and (3), a person who becomes a member in a fiscal year in which he or she was not previously a member is entitled to the mailing and printing privileges referred to in subsections (1) and (3)

(a) once for each consecutive four month period the person serves as a member in the fiscal year; and

(b) once for any period of less than four months remaining at the end of the fiscal year.

Reduction of mailings and printings in 1993-94

52.22(5)    Notwithstanding subsections (1) and (3), during the fiscal year beginning on April 1, 1993 and ending on March 31, 1994, each member is entitled to

(a) one mailing under subsection (1) and three printings under subsection (3);

(b) three mailings under subsection (1) and one printing under subsection (3); or

(c) two mailings under subsection (1) and two printings under subsection (3).

SUPPLIES AND ASSISTANCE PAYMENTS

Payments for supplies and assistance

52.23(1)    There is to be paid in each fiscal year for each member the sum of $1,940. for special supplies and assistance, which shall be paid

(a) in the case of a member who belongs to a political party represented in the Assembly by four or more members, to the person

designated by the member recognized by the Speaker as holding the position of leader of that party; and

(b) in the case of any other member, to that member.

Cost of living increase

52.23(2)    For the purpose of any fiscal year beginning after March 31, 1994, the amount payable under this section shall be increased by the amount, rounded up to the nearest dollar, obtained by multiplying the amount of the payment by the percentage increase in the consumer price index for Canada between December 31 in the second fiscal year immediately preceding the fiscal year for which the payment is paid and December 31 in the fiscal year immediately preceding the fiscal year for which the payment is made.

GENERAL PROVISIONS

Approval of payments

52.24       The Speaker is responsible for approving the payment of indemnities and allowances under this Part, and the Speaker may delegate that power to any person employed in the offices required for the administration of this Act.

Method of payment

52.25       The indemnities and allowances described in clauses 52.15(1)(a) to (d) are to be paid in the same way the government pays salaries to its employees.

Payments made without votes

52.26       Any payment made to or in respect of a member under this Part, other than an indemnity paid to a person as a member of the Executive Council, shall be paid from the Consolidated Fund without appropriation or legislative authority other than this section.

Report on payments

52.27(1)    Within 90 days after the end of each fiscal year of the government if the Legislature is in session or, if the Legislature is not in session, within 15 days after the beginning of the next session, the Minister of Finance shall lay before the Assembly a statement showing the amounts paid from the Consolidated Fund during that fiscal year to each person who has been a member of the Assembly during that fiscal year, other than amounts paid as retirement benefits.

Report of income from Crown agencies

52.27(2)    Within 30 days after the end of each fiscal year of the government, each member who has received remuneration or expenses during that fiscal year for duties performed as a member of a Crown agency or a member of the board of management or board of directors of a Crown agency shall report the amount of that remuneration and those expenses to the Minister of Finance, who shall show those amounts in the statement laid before the Assembly under subsection (1).

Regulations re Income Tax Act status of retirement benefits

52.28       The Lieutenant Governor in Council may for taxation purposes make regulations respecting the nature or effect of retirement benefits of members or of any plan of retirement benefits for members established under section 52.16.

6           The heading "INDEMNITY OF MEMBERS" preceding section 53 is repealed and the following is substituted:

PART 2.1

INDEMNITIES AND ALLOWANCES FOR MEMBERS

Application of Part

52.29       This Part applies in respect of indemnities and allowances payable to members before the day the regulations under section 52.18 come into force.

7           Section 55.1 is repealed and the following is substituted:

Definition

55.1(1)     In this section, "pay" means the annual indemnity and allowance described in subsection 53(1).

Severance allowance

55.1(2)     Subject to subsection (3), a member who ceases to be a member for any reason other than under section 18 (conviction) or 20 (disqualification) is entitled to a payment calculated at a rate of one month's pay for each consecutive year that he or she has served as a member.

Calculation of payment

55.1(3)     Notwithstanding the number of periods of service as a member, a payment under this section shall be a minimum of three months' pay and a lifetime maximum of 12 months' pay, calculated pro rata for any period of service that is less than a year.

8           Subsection 56(6) is repealed.

9           Sections 61 to 64 are renumbered as sections 52.2 to 52.5 at the end of Part 1.

10          The following is added after subsection 66(4):

Privileges of new member

66(5)       Notwithstanding subsections (1) and (3), a person who becomes a member in a fiscal year in which he or she was not previously a member is entitled to the mailing and printing privileges referred to in subsections (1) and (3)

(a) once for each consecutive four month period the person serves as a member in the fiscal year; and

(b) once for any period of less than four months remaining at the end of the fiscal year.

Reduction of mailings and printings in 1993-94

66(6)       Notwithstanding subsections (1) and (3), during the fiscal year commencing on April 1, 1993 and ending on March 31, 1994, each member is entitled to

(a) one mailing under subsection (1) and three printings under subsection (3);

(b) three mailings under subsection (1) and one printing under subsection (3); or

(c) two mailings under subsection (1) and two printings under subsection (3).

11          The heading preceding section 69 is amended by striking out "PART II" and substituting "PART 3".

12          Section 69 is amended

(a) in the definition "additional remuneration", by adding in the part following clause (f) "any remuneration, allowance or salary received by a member on or after polling day of the first general election following dissolution of the Assembly of the 35th Legislature or" after "but does not include";

(b) by repealing the definition "annual indemnity" and substituting the following:

"annual indemnity" means the amount paid to a member in any numerical year under clauses 53(1)(a) and (b), as increased in accordance with subsection 53(3), as those provisions were on the day before polling day of the first general election following dissolution of the Assembly of the 35th Legislature; (« indemnité annuelle »)

(c) by repealing the definition "indemnity" and substituting the following:

"indemnity" means

(a) the amount payable to a member under clauses 53(1)(a) and (b), as increased in accordance with subsection 53(3), as those provisions were on the day before polling day of the first general election following dissolution of the Assembly of the 35th Legislature, or

(b) any amount payable to a member under subsection 59(4) as it was before dissolution of the Assembly of the 31st Legislature; (« indemnité »)

13          The following is added after section 69:

Part not to apply to members elected after 35th Legislature

69.1        This Part does not apply to a member who, not being a member on dissolution of the Assembly of the 35th Legislature, was elected on or after polling day of the first general election following dissolution of the Assembly of that Legislature.

Restriction on members before dissolution of 35th Legislature

69.2        Notwithstanding anything in this Part, no member who was a member before dissolution of the Assembly of the 35th Legislature shall be entitled to make contributions under this Part in respect of indemnities, allowances or renumeration or to accumulate service for the purpose of calculating his or her pension under this Part, on or after polling day of the first general election following dissolution of the Assembly of that Legislature, but nothing in this section shall affect the accumulation of service for the purpose of determining when a pension is payable.

14          Subsection 71(1) is repealed and the following is substituted:

Entitlement to pension

71(1)       A person

(a) who

(i) on the day before polling day of the first general election following dissolution of the Assembly of the 35th Legislature, has served as a member in not less than three Legislatures or for not less than eight years, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that polling day in not less than three Legislatures or in not less than eight years; or

(b) who

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before polling day of the first general election following dissolution of the Assembly of that Legislature;

is entitled to receive a pension under this Part when he or she

(c) has reached the age when the total of his or her age and years of service as a member, including service after polling day of the first general election following dissolution of the Assembly of the 35th Legislature, equals or exceeds 55 years; and

(d) has ceased to be a member.

15          Subsection 78(1) is repealed and the following is substituted:

Deferred pensions

78(1)       When

(a) a contributor

(i) on the day before polling day of the first general election following dissolution of the Assembly of the 35th Legislature, has served as a member in not less than three Legislatures or in not less than eight years,

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that polling day in not less than three Legislatures or in not less than eight years, and

(iii) ceases to be a member; or

(b) a contributor

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature,

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before polling day of the first general election following dissolution of the Assembly of that Legislature, and

(iii) ceases to be a member;

before the member has reached the age when the total of his or her age and years of service as a member equals or exceeds 55 years, the member is entitled to a deferred pension calculated under this Part which becomes payable commencing on the first day of the first month after the day on which the total of his or her age and years of service as a member equals 55 years.

16          Subsections 80(2), (3) and (4) are repealed and the following is substituted:

Refund to spouse on death

80(2)       When

(a) a contributor dies before he or she has contributed under this Part in respect of indemnities paid him or her in respect of all his or her service in not less than three Legislatures or in not less than eight years; or

(b) a contributor is a member on dissolution of the Assembly of the 35th Legislature and has not served as a member in three Legislatures or in eight years, including service after dissolution of the Assembly of that Legislature, and dies;

and is survived by a spouse, the minister shall pay to the spouse the total of the contributions made by the contributor together with interest at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date of the death of the contributor.

Pension to surviving spouse

80(3)       When

(a) a contributor

(i) on the day before polling day of the first general election following dissolution of the assembly of the 35th Legislature, has served as a member in not less than three Legislatures or in not less than eight years, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that polling day in not less than three Legislatures or in not less than eight years; or

(b) a contributor

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before polling day of the first general election following dissolution of the Assembly of that Legislature;

and dies before beginning to receive a pension and is survived by a spouse, the minister shall pay the spouse a monthly pension commencing on the first day of the first month following the death of the contributor, equal to 60% of the monthly pension that would have been paid to the contributor if he or she had ceased to be a member on the date of his or her death, had lived and had been eligible to receive a pension on the date of his or her death.

Pension to eligible survivors

80(4)       When

(a) a contributor

(i) on the day before polling day of the first general election following dissolution of the Assembly of the 35th Legislature, has served as a member in not less than three Legislatures or in not less than eight years, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that polling day in not less than three Legislatures or in not less than eight years; or

(b) a contributor

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before polling day of the first general election following dissolution of the Assembly of that Legislature;

and dies before beginning to receive a pension and is survived by eligible survivors but not by a spouse, the minister shall pay to each of the eligible survivors of the contributor, for as long as he or she remains an eligible survivor within the definition of that expression in section 69, equal monthly pensions, commencing on the first day of the first month following the death of the contributor, the aggregate of which, at any time, equals the monthly pension that would have been paid to the spouse of the contributor if the contributor had been survived by a spouse.

Consequential amendment, C.C.S.M. c. E170

17          Section 6 of The Executive Government Organization Act is repealed and the following is substituted:

Remuneration of ministers

6           Ministers shall be paid the indemnity provided for members of the Executive Council in the regulations made under Part 2 of The Legislative Assembly Act.

Legislative assistants

6.1(1)      The Lieutenant Governor in Council may appoint a member of the Legislative Assembly as a legislative assistant to a member of the Executive Council, but there must not be more than six legislative assistants at one time.

Remuneration

6.1(2)      Legislative assistants shall be paid the indemnity provided for legislative assistants in the regulations made under Part 2 of The Legislative Assembly Act.

Application of Public Sector Reduced Work Week and Compensation Management Act

18           Part 3 of The Public Sector Reduced Work Week and Compensation Management Act applies, with necessary modifications, to equivalent payments provided for in the regulations under section 52.18 of The Legislative Assembly Act, as enacted by section 5 of this Act.

Repeal

19          Part 2.1 of The Legislative Assembly Act is repealed.

Coming into force

20(1)       Except as provided in subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Coming into force: section 4

20(2)       Section 4 is retroactive and is deemed to have come into force on September 30, 1988, and it applies in respect of any proceeding pending on the day this Act receives royal assent.

Coming into force: various provisions

20(3)       The following provisions come into force on the day the regulations under section 52.18, as enacted by section 5 of this Act, come into force:

(a) section 5 to the extent that it enacts sections 52.21 to 52.28;

(b) sections 12 to 17;

(c) section 19.

Transitional

20(4)       If it is necessary that the regulations described in subsection (3) be made retroactive to the polling day of the first general election following dissolution of the Assembly of the 35th Legislature,

(a) payments made to or in respect of members under Part 2.1 of The Legislative Assembly Act and section 6 of The Executive Government Organization Act for the period following that polling day shall be deemed to have been made on account of the indemnities and allowances payable under the regulations, and a member is liable to repay any amount he or she receives that is in excess of the amounts payable under the regulations;

(b) the Minister of Finance, in respect of payments referred to in clause (a),

(i) shall make any adjustments that are necessary to give effect to the purpose and intent of the regulations, including payments out of the Consolidated Fund, and

(ii) may recover any money a member is liable to repay;

(c) contributions made under Part 3 of The Legislative Assembly Act for the period following that polling day shall be deemed to have been made on account of retirement benefits payable under the regulations; and

(d) such adjustments in respect of contributions referred to in clause (c) shall be made as are necessary to give effect to the purpose and intent of the regulations.