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The Civil Service Superannuation Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2000, c. 50

THE CIVIL SERVICE SUPERANNUATION AMENDMENT ACT


 

(Assented to December 15, 2000)

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

C.C.S.M. c. C120 amended

1         The Civil Service Superannuation Act is amended by this Act.

2         Subsection 5(11) is repealed and the following is substituted:

Board may administer other plans

5(11)     The board may enter into an agreement to administer a pension or other benefit plan for some or all of the employees of any employer, and may do all things necessary to carry out its obligations under the agreement.

Board may invest funds for others

5(12)     The board may enter into an agreement to invest funds for a pension or other benefit plan or for the government, a government agency or any other organization, and may do all things necessary to carry out its obligations under the agreement.

3(1)      Subsection 6(1) is amended by striking out "Subject to subsection (1.1), the board" and substituting "The board".

3(2)      Subsection 6(1.1) is repealed.

3(3)      Subsection 6(3) is amended by adding the following after clause (n):

(o) some or all of the employees of any other employer.

4         Subsection 10.1(2) is amended by striking out "heretofore established to represent employees and pensioners in consultations with the Advisory Committee respecting pension benefits under this Act and proposals for changes thereto" and substituting "established to represent, in consultation with the Advisory Committee, employees and pensioners in respect of pension benefits under this Act and insurance benefits under The Public Servants Insurance Act and any proposed changes to such benefits".

5         The following is added after subsection 17(1):

Additional employee contribution

17(1.1)   Every employee shall, by reservation and deduction from his or her salary, contribute to the fund, in addition to the contribution required by subsection (1), 0.9% of his or her Canada pensionable earnings for any pay period ending after 2000.

Employer not required to match contribution

17(1.2)   Despite subsection 6(5), an employer required to make matching contributions under that subsection is not required to match contributions made under subsection (1.1).

6(1)      Subsection 17.1(1) is amended by striking out "subsection 17(1)" and substituting "section 17".

6(2)      The following is added after subsection 17.1(5):

Refund of additional contributions

17.1(6)   An employee who has made additional contributions under subsection (1) is entitled to a refund of those contributions, plus interest as determined by the board's actuary, if

(a) he or she moves from a correctional officer position to another position within the civil service; and

(b) at the time of the move, he or she is less than 60 years old and the total of his or her age and years of service is less than 75.

7         The following is added after subsection 20(5):

Employee purchase of service

20(6)     An employee may, by applying to the board and satisfying the terms and conditions set out in subsection (7), purchase a period of service with an employer to whom this Act applies, if the service cannot be, or can no longer be, purchased by the employee under any other provision of this Act.

Terms and conditions

20(7)     In order for a period of service to be purchased under subsection (6),

(a) the board must be satisfied that the employer was participating in the fund throughout the period;

(b) the board must receive the employer's acknowledgement, or other evidence satisfactory to the board, that the employee was employed by the employer, on leave or laid off during the period; and

(c) the employee must agree to contribute to the fund, as a lump sum or by instalments as prescribed for the purpose of clause 63(3)(b), an amount equal to the full actuarial cost to the fund of the service to be purchased, determined as at the application date.

No cost to employer

20(8)     Despite any other provision of this Act, no employer is required to contribute to the fund in respect of a purchase of service under subsection (6).

8(1)      Subsection 21.1(1) is amended

(a) by striking out the section heading and substituting "Parental leave"; and

(b) by striking out "maternity leave or a".

8(2)      The following is added after subsection 21.1(1):

Maternity leave

21.1(1.1) If an employee who is granted a period of maternity leave in accordance with The Civil Service Act or the policies of an agency of the government so elects before the period begins, she shall continue to contribute to the fund throughout the period the same amounts that she would have been required to contribute if she had not been on leave and her annual salary rate during the period had remained the same as her annual salary rate immediately before the period.

Refund or credit

21.1(1.2) The board shall refund or credit to an employee who, before subsection (1.1) came into force, made a contribution to the fund in respect of a period of maternity leave described in that subsection

(a) an amount equal to 1/2 of the contribution, and

(b) interest, as determined by the board's actuary, on the amount to be refunded under clause (a).

Transitional

21.1(1.3) If a contribution to be made under subsection (1) after subsection (1.1) comes into force relates to a period of maternity leave described in subsection (1.1), the amount to be contributed shall be determined as if subsection (1) were read without reference to "together with an amount equal to that amount,".

8(3)      Subsection 21.1(2) is amended by adding "or (1.1)" at the end.

8(4)      Subsection 21.1(3) is repealed and the following is substituted:

Purchase of service for prior maternity leave

21.1(3)   If, before subsection (1.1) came into force, an employee was granted a period of maternity leave described in that subsection but did not purchase service for the period, she may, if she is still an employee, purchase the service by

(a) filing with the board before July 3, 2002 an application in a form prescribed by the board; and

(b) agreeing to contribute to the fund, as a lump sum or by instalments as prescribed for the purpose of clause 63(3)(b), the amount that would have been her total contributions for the period if

(i) her annual salary rate during the period had been equal to her annual salary rate as at the date of the application, and

(ii) the employee contribution rates applicable to the period were the rates applicable to a period of employment after 2000.

9         Section 21.5 is amended by striking out "21.1(1)" and substituting "20(6), 21.1(1), (1.1)".

10        Section 21.6 is repealed and the following is substituted:

No cost to employer

21.6      Despite any other provision of this Act, neither the government nor any government agency is required to contribute any amount to the fund in respect of a purchase of service under subsection 21.1(1) or section 21.2 or 21.3.

11(1)     The formula in subsection 26(1) is amended by striking out ".006" and substituting ".004".

11(2)     The following is added after subsection 26(1.2):

Increase in benefits at no cost to employers

26(1.3)   The board shall ensure that the amounts billed to employers that are not required to make matching contributions under subsection 6(5) do not include any amount in respect of the increased cost to the fund that, according to the board's actuary, can reasonably be attributed to the fact that the formula under subsection (1) was changed, effective September 1, 2000, to refer to ".004" instead of ".006".

11(3)     The following is added after subsection 26(2):

Former Centra Gas employees

26(2.1)   In determining the values for A and C in the formula under subsection (1) for a person who was employed by Centra Gas Manitoba Inc. before January 1, 2001 and by Manitoba Hydro on that day,

(a) the person's period of service includes the period before 2001 during which he or she was employed by Centra Gas Manitoba Inc. and was a member of a Centra Gas Manitoba Inc. pension plan; and

(b) the person's salary for that period includes the remuneration received during the period as an employee of Centra Gas Manitoba Inc. that, if it had been paid by the government, would have been salary as defined in subsection 1(1).

12        Subsection 28(4) is repealed and the following is substituted:

Correctional officer's allowance

28(4)     The board shall grant an annual superannuation allowance calculated in accordance with subsection 26(1) to a retired correctional officer who

(a) became entitled to be paid the allowance before reaching the age of 60 years;

(b) is deemed by section 59.1 to have retired; and

(c) became a correctional officer before 2001 or made additional contributions under section 17.1 for at least five years.

13        Clause 31(1)(b) is repealed and the following is substituted:

(b) does not qualify for a superannuation allowance under subclause 28(1)(a)(i) or (ii) or (b)(i) or (ii);

14        Subsection 38(2) is repealed and the following is substituted:

Limitation on allowance

38(2)     The annual superannuation allowance granted to an employee under section 25 shall not exceed the amount that would be determined by the formula in subsection 26(1) if it were read as follows:

superannuation allowance =

(70% x A) + (.002 x C x T)

Coming into force

15(1)     Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force: subsections 11(1) and (2)

15(2)     Subsections 11(1) and (2) are retroactive and are deemed to have come into force on September 1, 2000.