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The Teachers' Pensions Amendment Act

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S.M. 2017, c. 11

Bill 12, 2 nd Session, 41st Legislature

The Teachers' Pensions Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

The main purpose of this Act is to update provisions of The Teachers' Pensions Act for consistency with changes to The Pension Benefits Act that came into force on May 31, 2010. Plan members have not been adversely affected by the inconsistencies because The Pension Benefits Act prevails in the event of a conflict with The Teachers' Pensions Act.

For this purpose, this Act amends provisions relating to

  • service requirements for unreduced pensions;
  • pension entitlements after age 55;
  • death benefits in respect of persons who die before they begin to receive their pension;
  • deferred pension entitlements;
  • locking-in requirements;
  • protection of pension benefits from creditors; and
  • rights to transfer pension entitlements to other plans.

This Act also makes various other amendments, including amendments to

  • modify the composition and duties of the investment committee of the Teachers' Retirement Allowances Fund Board (the "board") and allow the board to establish additional committees;
  • clarify the board's authority to make adjustments in response to a misrepresentation or error;
  • increase the board's borrowing authority;
  • provide immunity to persons carrying out their duties and exercising their powers under the Act in good faith;
  • allow a teacher with 10 years of service who becomes employed by the University College of the North to continue to accrue pension benefits as a teacher;
  • enable the government to make additional payments to the board to fund the government's pension liability under the Act; and
  • make minor corrections and deal with gender references.

(Assented to June 2, 2017)

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

C.C.S.M. c. T20 amended

1           The Teachers' Pensions Act is amended by this Act.

2(1)        Subsection 1(1) is amended

(a) in the definition "association", by striking out "Manitoba Association of School Trustees" and substituting "Manitoba School Boards Association";

(b) by adding the following definition:

"maximum eligibility age" means, subject to the regulations, the age of a person at the end of the calendar year in which the person reaches the age of 71 years; (« âge maximal d'admissibilité »)

(c) by replacing the definition "normal retirement age" with the following:

"normal retirement age" means, subject to the regulations, 65 years of age; (« âge normal de la retraite »)

2(2)        Subsection 1(3) is repealed.

3           Clause 3(h) is amended by striking out "or Université de Saint-Boniface" and substituting ", Université de Saint-Boniface or University College of the North".

4           Subsection 5(2) is repealed.

5(1)        The following is added after subsection 6(1.1):

Pension at normal retirement age

6(1.2)      A person who retires from employment as a teacher on the termination of his or her contract on or after May 31, 2010, is entitled to receive and must be granted, on application, a pension calculated under subsection (1) when the person reaches the normal retirement age.

5(2)        Subsection 6(2) is amended

(a) in the section heading, by striking out "normal retirement age" and substituting "maximum eligibility age";

(b) by adding "has not commenced his or her pension," before "and attains";

(c) by striking out "normal retirement age," and substituting "the maximum eligibility age"; and

(d) in the English version, by adding "or her" after "in respect of his".

5(3)        Subsection 6(3) is amended, in the part before clause (a), by striking out "on December 31 of the calendar year in which a teacher attains the normal retirement age, he" and substituting "when a teacher reaches the maximum eligibility age, he or she".

5(4)        Subsection 6(4) is amended

(a) by replacing the section heading with "Pension at age 65 with at least 15 years of service";

(b) in clause (b), by striking out "his age on December 31 of the calendar year in which he attains the normal retirement age" and substituting "the maximum eligibility age"; and

(c) in the part after clause (b) of the English version, by striking out "he" and substituting "the person".

5(5)        Subsection 6(6) is amended

(a) in clause (a) of the English version,

(i) by adding "or her" after "who has retired from his", and

(ii) by striking out "by terminating his" and substituting "on the termination of his or her";

(b) by replacing clause (b) with the following:

(b) who has a total of at least 10 years of service as a teacher and, if he or she has no service as a teacher on or after May 31, 2010, at least 2 years of service as a teacher in the 10 years immediately before he or she retires; and

(c) in clause (c), by striking out everything after "any greater age".

5(6)        Subsection 6(6.1) is amended

(a) in the section heading, by striking out "on and after January 1, 1992" and substituting "after 1991"; and

(b) by striking out everything before "the pension calculated" and substituting "For service after 1991, if the person applying for a pension under subsection (6) is less than 60 years old and the total of the person's age and years of service — including service before 1992 — is less than 80".

5(7)         The following is added after subsection 6(6.1):

Pension on retirement on or after May 31, 2010, after age 55 with less than 10 years of service

6(6.1.1)    A person who

(a) has service as a teacher on or after May 31, 2010;

(b) has less than 10 years of service as a teacher in total;

(c) retires from employment as a teacher on the termination of his or her contract;

(d) has reached the age of 55 years; and

(e) applies to receive a pension before reaching the normal retirement age;

is entitled to, and must be granted, an annual pension with an actuarial present value equal to the actuarial present value of the pension that would be payable to the person under subsection (1) if the pension were first paid on the date that the person reached the normal retirement age.

5(8)        Clause 6(12.1)(a) is amended by striking out "temporary suspension from employment" and substituting "a temporary interruption in employment as defined in The Pension Benefits Act".

5(9)        Subsection 6(13) is amended, in the part before the formula, by striking out "subsections (6) and (6.1)," and substituting "subsection (6)".

6           Section 7 is repealed.

7           The following is added as section 7.1:

Death benefit entitlement of surviving spouse or common-law partner if pension not commenced

7.1(1)      Upon the death of a person who has service as a teacher on or after May 31, 2010, and who has not yet begun to receive a pension, the fund must pay an annuity to the person's spouse or common-law partner, unless

(a) at the time of death, the person was living separate and apart from the spouse or common-law partner by reason of a breakdown of their relationship; or

(b) the spouse or common-law partner has executed a waiver in a form approved by the Superintendent of Pensions and the waiver has not been revoked.

Election to receive commuted value

7.1(2)      Subject to the regulations under The Pension Benefits Act, a person entitled to receive an annuity under subsection (1) may elect to receive the commuted value of that annuity. But the commuted value must be transferred into a prescribed plan as defined in that Act or into another prescribed arrangement under that Act or the regulations under that Act.

Death benefit if no surviving spouse or common-law partner

7.1(3)      Upon the death of a person who has service as a teacher on or after May 31, 2010, has not yet begun to receive a pension and does not have a spouse or common-law partner entitled to an annuity under subsection (1), the fund must pay a lump sum death benefit

(a) to the person's designated beneficiary; or

(b) if there is no designated beneficiary, to the person's estate.

Value of annuity or lump sum death benefit

7.1(4)      The actuarial present value of an annuity paid under subsection (1) or the amount of a lump sum death benefit paid under subsection (3) must be equal to the commuted value of the pension to which the teacher or former teacher was entitled at the time of death.

8           Section 8 is repealed.

9(1)        Subsection 9(1) of the English version is amended

(a) in clause (a),

(i) by adding "or her" after "who has retired from his", and

(ii) by striking out "by terminating his" and substituting "on the termination of his or her"; and

(b) in clause (b), by adding "or her" after "his" wherever it occurs.

9(2)        Subsection 9(3) is amended

(a) in clause (a),

(i) in the English version, by adding "or her" after "who has retired from his",

(ii) in the English version, by striking out "by terminating his" and substituting "on the termination of his or her", and

(iii) by adding ", and before May 31, 2010" at the end; and

(b) in clause (b) of the English version, by adding "or her" after "his".

9(3)        The following is added after subsection 9(3):

Deferred pension after age 55 but before the normal retirement age with less than 10 years of service

9(3.1)      Notwithstanding section 3 and subsections 21(11) and (13) of The Pension Benefits Act, a person who

(a) has no service as a teacher on or after May 31, 2010;

(b) has less than 10 years of service as a teacher in total, but has

(i) if the person retired on or after June 30, 1970, but before January 1, 1985, at least 5 consecutive years of service as a teacher immediately before the person retired, or

(ii) if the person retired on or after January 1, 1985, at least 2 years of service as a teacher in the 10 years immediately before the person retired;

(c) retired from employment as a teacher on the termination of his or her contract;

(d) has reached the age of 55 years; and

(e) applies to receive a pension before reaching the normal retirement age;

is entitled to, and must be granted, an annual pension with an actuarial present value equal to the actuarial present value of the pension that would be payable to the person under section 6 if the pension were first paid on the date that the person reached the normal retirement age.

9(4)        Subsection 9(5) is replaced with the following:

Pension adjustment for deferred pensions

9(5)        If a person's pension commences after the year in which the person last had service as a teacher, it must be adjusted by the percentage that applies in determining a monthly pension adjustment under subsection 10(7) for the period from the end of the year in which the person last had service as a teacher to the end of the year immediately before the year in which the pension is commenced.

10(1)       Subsection 11(1) is amended, in the part before clause (a),

(a) by striking out "Where a teacher" and substituting "Subject to subsection (7), if a person"; and

(b) in the English verison, by adding "or she" after "he" wherever it occurs.

10(2)       The following is added after subsection 11(1):

Pension may reduce on death of spouse or common-law partner

11(1.1)     Notwithstanding section 3 and subsection 23(1) of The Pension Benefits Act, a pension paid to a person under subsection (1) may be reduced on the death of the spouse or common-law partner of the person.

10(3)       Subsection 11(2) is amended

(a) by striking out "Where a teacher" and substituting "If a person"; and

(b) in the English version by adding "or she" after "he" wherever it occurs.

10(4)       Subsection 11(3) is amended

(a) in the part before clause (a),

(i) by striking out "Where a teacher" and substituting "If a person", and

(ii) by striking out "teacher" after "death of the" wherever it occurs and substituting "person";

(b) in clause (a),

(i) by striking out "such person as the teacher before or after he" and substituting "such other person as the person before or after he or she", and

(ii) by adding "or her" after "him";

(c) in clause (b),

(i) by adding "or she" after "he" wherever it occurs, and

(ii) by adding "or her" after "his" wherever it occurs; and

(d) in the part after clause (e),

(i) by adding "or her" after "his" wherever it occurs, and

(ii) by adding "or her" after "him".

10(5)       Subsection 11(7) is replaced with the following:

Joint pension or annuity

11(7)       Notwithstanding section 3 and clauses 23(1)(a) and (b) of The Pension Benefits Act and any other provision of this section, if the board begins paying a pension or annuity to a person who, at the time the pension or annuity is first paid, has a spouse or common-law partner, the person is deemed to have elected, under subsection (1), a joint pension or annuity payable during the lives of the person and the spouse or common-law partner — but reduced by 1/3 on the death of either the person or the spouse or common-law partner — unless

(a) at the time the pension or annuity is first paid, the person is living separate and apart from the spouse or common-law partner by reason of a breakdown of their relationship; or

(b) the spouse or common-law partner has executed a waiver in a form approved by the Superintendent of Pensions and the waiver has not been revoked.

11          Subsection 17(4) is amended, in the part before clause (a), by adding "other than a pension granted under subsection 6(4)," after "a pension,".

12          The following is added after subsection 18(2):

Effect of election — continuing employment and retiring on or after May 31, 2010

18(3)       Despite clauses (2)(a) and (c), if a person who has continued employment as a teacher and has made an election under subsection (1) retires on or after May 31, 2010, the board must pay, upon the person's retirement, only a single pension that is the greater of

(a) the pension otherwise determined under this Act; and

(b) the actuarial equivalent, at the time the person retires, of the pension or annuity that would have been payable to the person at the normal retirement age, had the person begun to receive a pension at that time.

For certainty, this subsection does not apply to a person who has become re-employed as a teacher.

13(1)       The following is added before subsection 26(1):

Non-application — service on or after May 31, 2010

26(0.1)      This section does not apply in respect of a person who has service as a teacher on or after May 31, 2010.

Information NoteSee section 7.1 for death benefits in relation to a person who has service as a teacher on or after May 31, 2010, and whose pension has not commenced.

13(2)       Subsection 26(3) is amended

(a) in clause (c) of the English version, by adding "or she" after "he";

(b) in the part after clause (c) and before clause (d),

(i) by striking out "and a benefit is not payable under section 8", and

(ii) in the English version, by adding "or her" after "his";

(c) in the part after clause (e) and before clause (f) of the English version,

(i) by adding "or her" after "him" wherever it occurs, and

(ii) by adding "or she" after "he"; and

(d) in the part after clause (h) of the English version,

(i) by adding "or her" after "his" wherever it occurs, and

(ii) by adding "or her" after "him".

13(3)       Subsection 26(8) is repealed.

14(1)       Subsection 27(1) is amended

(a) in clause (a), by adding ", and before May 31, 2010" at the end; and

(b) in the part after clause (c) of the English version,

(i) by adding "or her" after "his" wherever it occurs, and

(ii) by adding "or her" after "him".

14(2)       Subsection 27(2) is amended

(a) in the English version, by adding "or her" after "his" wherever it occurs;

(b) by striking out "section 6, 8, 9, 19 or 20" and substituting "section 6, 9, 19 or 20"; and

(c) in the English version, by adding "or she" after "he".

14(3)       Subsection 27(3) is amended

(a) in the part before clause (a), by adding "but subject to section 28," before "where a teacher";

(b) in clause (a), by adding ", and before January 1, 1990" after "1984";

(c) in clause (b) of the English version, by adding "or her" after "his"; and

(d) in the part after clause (b) of the English version,

(i) by adding "or her" after "his" wherever it occurs, and

(ii) by adding "or her" after "him".

14(4)       Subsection 27(3.1) is amended

(a) in the part before clause (a), by adding "but subject to section 28," before "where a teacher"; and

(b) in clause (a), by adding ", and before May 31, 2010" after "1989".

14(5)       The following is added after subsection 27(3.1):

No refund of contributions to person with service on or after May 31, 2010

27(3.2)     Notwithstanding any other provision of this Act and section 3 and subsection 21(13) of The Pension Benefits Act, but subject to section 28, if a person has any service as a teacher on or after May 31, 2010, none of his or her contributions and accruals to the fund made after July 1, 1976, may be refunded.

14(6)       Subsection 27(4) is amended

(a) in the English version, by adding "or her" after "his" wherever it occurs;

(b) by striking out "section 6, 8, 9, 19 or 20" and substituting "section 6, 9, 19 or 20"; and

(c) in the English version by adding "or she" after "he".

15          Section 28 is amended by adding ", or an amount payable under subsection 32(1)," before "may be paid".

16          Clause 30(1)(b) is repealed.

17(1)       Clauses 32(1)(a) and (b) are replaced with the following:

(a) to the transferee designated by the current or former spouse or common-law partner in writing addressed to the board, which may be

(i) another pension plan in which the current or former spouse or common-law partner is or was a member, or

(ii) a prescribed plan as defined in The Pension Benefits Act; and

(b) until a transferee is designated under clause (a), to a money purchase account in the accounts of the board.

17(2)       Subsection 32(2) is amended by striking out everything after "contributions made under this Act," and substituting "the amount of the pension, pension benefit credit or refund to which the teacher is entitled is to be adjusted in accordance with the regulations under The Pension Benefits Act.".

17(3)        Subsection 32(3) is amended by striking out everything after "payable to the person" and substituting "is to be adjusted in accordance with the regulations under The Pension Benefits Act.".

17(4)       Subsection 32(4) is amended by striking out everything after "in respect of the death of the teacher" and substituting ", the benefit is to be adjusted in accordance with the regulations under The Pension Benefits Act.".

18          Section 34 is repealed.

19          Subsection 35(3) is repealed.

20          Subsection 36(1) is amended

(a) in the part before clause (a) of the English version, by adding "or she" after "he" wherever it occurs;

(b) by replacing clause (a) with the following:

(a) the amount of the refund, together with interest on that amount, at the rate of return earned by the fund, between the time the refund was made and the time the amount of the refund is remitted to the fund; and

(c) in subclauses (b)(i) and (ii) of the English version, by adding "or her" after "his".

21          Section 38 is repealed.

22          Subsection 39(2) is amended

(a) in the English version, by adding "or she" after "he" wherever it occurs; and

(b) by striking out "under section 34, 36 or 55, or any or all of those sections" and substituting "under this Act, other than a contribution required under section 52".

23(1)       The following is added after subsection 41(6.1):

Chair of the investment committee

41(6.2)     The Lieutenant Governor in Council must appoint one of the members of the board as chair of the investment committee.

23(2)       Subsection 41(10) is amended

(a) by striking out "such out-of-pocket" and substituting "reasonable"; and

(b) by striking out ", as are approved by the Auditor General".

23(3)       The following is added after subsection 41(17):

Protection from liability

41(18)      No action or proceeding may be brought against a member or employee of the board or any person appointed to a committee of the board, for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act or the regulations made under this Act.

24          The following is added after section 41:

Board may establish other committees

41.1(1)     In addition to the investment committee, the board may establish other committees of the board and appoint members of the board and other individuals to these committees.

Board may delegate

41.1(2)     Except for the power to make regulations, the board may

(a) delegate any of its powers or duties to a committee of the board or to any person; and

(b) allow the further subdelegation of any of its powers or duties.

25(1)       Subsection 42(1) is amended

(a) by replacing clause (a) with the following:

(a) the chair;

(b) by striking out "and" at the end of clause (b), adding "and" at the end of clause (c), and adding the following after clause (c):

(d) up to two individuals who need not be members of the board and who are appointed by the board on the basis of their investment expertise or experience and for a term of not more than three years.

25(2)       Subsection 42(3) is amended by striking out "and as to the sale of any investments in which moneys in the fund are invested".

26          Subsection 43(2) is amended by striking out "secretary-treasurer" and substituting "chief executive officer".

27          Subsection 44(1) is amended

(a) by replacing clause (a) with the following:

(a) the reasonable expenses actually incurred by members of the board;

(b) in clause (d), by striking out "an amount, not exceeding $100. in any one year," and substituting "reasonable amounts". 28(1)

            Subsection 45(1) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):

(a.1) determine the rate of return earned by the fund during any period; and

28(2)       The following is added after subsection 45(1):

Adjustment because of misrepresentation or error

45(1.1)     Without limiting the powers of the board under subsection (1),

(a) the board may adjust or cancel a pension, annuity or other benefit that has been granted or paid as a result of an error or misrepresentation;

(b) if a pension, annuity or other benefit has been overpaid to a person as a result of an error or misrepresentation, the board may reduce, suspend or withdraw future payments of any pension, annuity or other benefit to the person until the amount has been partially or fully recovered; and

(c) if a pension, annuity or other benefit has been underpaid or delayed as a result of an error or misrepresentation, the board may make additional payments to rectify the underpayment or delay, together with interest as determined by the board.

28(3)       Subsection 45(5) is amended by striking out "or" at the end of clause (b) and repealing clause (c).

29          Clauses 48(1)(g) and (2)(b) are repealed.

30          Subsection 49(7) is repealed.

31(1)       Subsections 50(3), (4) and (6) are repealed.

31(2)       Subsection 50(7) is amended by striking out "shall be charged to Account A" and substituting "must be charged to the account in which the investment is held".

31(3)       Subsection 50(8) is replaced with the following:

Uninvested money

50(8)       The board must keep any uninvested money in the fund in a bank, credit union, trust company or other similar institution.

31(4)       Subsection 50(9) is amended

(a) in the section heading, by striking out "temporary";

(b) by striking out "for temporary purposes";

(c) by striking out "$5,000,000." and substituting "$50,000,000"; and

(d) by striking out ", for a term not exceeding 90 days".

32          The following is added after subsection 51(4):

Annual statements

51(5)       Despite any provision of The Pension Benefits Act — including section 3 — and the regulations under that Act, an annual statement required by that Act or the regulations under that Act must be provided within six months after July 31 of each calendar year, and need not be provided at any other time.

33(1)       Subsection 52(1) is amended

(a) in clause (a), by striking out "— or 6.8% if no percentage is prescribed for the purpose of this clause —";

(b) in clause (b), by striking out "— or 8.4% if no percentage is prescribed for the purpose of this clause —"; and

(c) by replacing everything after clause (b) with "and, if permitted by the board, may make additional contributions, subject to any restrictions under the Income Tax Act (Canada).".

33(2)       Subsection 52(1.0.2) is repealed.

33(3)       Subsection 52(1.1) is amended by striking out "total" and substituting "required".

33(4)       Subsection 52(2) is repealed.

33(5)       Subsection 52(7) is replaced with the following:

Reports by school districts

52(7)       Each school district must provide the board with a report relating to the deductions remitted by the school district under subsection (6) and the salary and pensionable service for each teacher from whom the deductions have been made, together with any other information reasonably requested by the board. The report must be provided at such times as are specified by the board and be in a form acceptable to the board.

34(1)       Subsection 55(1) is amended

(a) in clause (a),

(i) by striking out "subject to subsection (3),", and

(ii) in the English version, by adding "or she" after "he" wherever it occurs; and

(b) in clause (b) of the English version, by adding "or she" after "he".

34(2)       Subsections 55(2) to (4) are repealed.

35          Section 58 is amended by renumbering it as subsection 58(1) and adding the following as subsections 58(2) and (3):

Additional contributions to Account B

58(2)       At any time, the Minister of Finance may pay to the board, to be credited to Account B, an amount in excess of the amount required under subsection (1), but such a payment does not extinguish any obligation under that subsection.

Restriction on use of Account B money

58(3)       Money in Account B may be used only for transfers of money to Account A under one or more of subsections 47(3), (5) and (6).

36(1)       Subsection 59.1(1) is amended by striking out "Notwithstanding" and substituting "Subject to section 63.5, notwithstanding".

36(2)       Subsection 59.1(2) is repealed.

37          Section 61 is amended

(a) in the English version, by adding "or her" after "his";

(b) by striking out "Manitoba Teachers Society" and substituting "society"; and

(c) in the English version, by adding "or she" after "he".

38          Subsections 62(2) to (7) are repealed.

39(1)       Subsection 63(3) is amended

(a) in the part before clause (a) of the English version, by striking out "terminating his" and substituting "a termination of his or her";

(b) in clause (d), by striking out "52" and substituting "54"; and

(c) in the part after clause (d) of the English version,

(i) by adding "or she" after "he", and

(ii) by adding "or her" after "his".

39(2)       Subsection 63(4) is amended

(a) in the part before clause (a),

(i) by striking out "A teacher who" and substituting "Subject to section 63.5, a teacher who", and

(ii) in the English version, by adding "or her" after "his" wherever it occurs; and

(b) in the part after clause (b) of the English version, by adding "or she" after "he" wherever it occurs.

39(3)       Subsection 63(5) is amended

(a) in the part before clause (a), by striking out "A teacher who" and substituting "Subject to section 63.5, a teacher who";

(b) in the English verison, by adding "or her" after "his" wherever it occurs; and

(c) in the English version, by adding "or she" after "he".

40(1)       Subsection 63.1(1) is amended, in the part before clause (a), by striking out "If" and substituting "Subject to section 63.5, if".

40(2)       Subsection 63.1(2) is amended, in the part before clause (a), by striking out "A teacher who" and substituting "Subject to section 63.5, a teacher who".

40(3)       Subsection 63.1(3) is repealed.

41          Subclause 63.2(2)(a)(iii) is amended by striking out "or Université de Saint-Boniface" and substituting ", Université de Saint-Boniface or University College of the North".

42(1)       Subsection 63.3(1) is amended, in the part before clause (a), by striking out "If" and substituting "Subject to section 63.5, if".

42(2)       Subsection 63.3(2) is amended

(a) in the section heading of the English version, by striking out "Teacher's purchase" and substituting "Purchase"; and

(b) in the part before clause (a), by striking out "A teacher" and substituting "Subject to section 63.5, a teacher".

42(3)       Subsection 63.3(3) is repealed.

43          The following is added after section 63.4:

Maximum service credit — periods of leave or reduced pay

63.5        A period of credit for service as a teacher on a current service basis on or after January 1, 1991, under any of the following provisions is limited to the maximum period allowed under the Income Tax Act (Canada) and the regulations under that Act:

(a) subsection 59.1(1) (reduced work week program);

(b) subsection 63(4) (credit for educational leave);

(c) subsection 63(5) (late applications for educational leave);

(d) subsection 63.1(1) (contributions during maternity leave);

(e) subsection 63.1(2) (purchase of service for past maternity leave);

(f) subsection 63.3(1) (contributions during parental leave);

(g) subsection 63.3(2) (purchase of service for past parental leave).

44(1)       Subsection 68(1) is amended in clause (b) of the definition "qualifying teacher" by striking out "or Université de Saint-Boniface" and substituting ", Université de Saint-Boniface or University College of the North".

44(2)       Subsection 68(2) is amended by striking out "12 months after becoming a qualifying teacher or any longer period allowed by the board" and substituting "a time frame determined by the board".

45          Section 70 is replaced with the following:

Protection of interest in fund and payments out of fund

70          The interest of a teacher or beneficiary in the fund and any pension, disability allowance, annuity or any other payment out of the fund to either a teacher or a beneficiary

(a) is exempt from garnishment, attachment, execution or seizure except as provided in sections 31 and 31.1 of The Pension Benefits Act and sections 14 to 14.3 of The Garnishment Act; and

(b) cannot be assigned, charged, anticipated, given as security or surrendered except as provided in section 32 of this Act.

46          The following is added after clause 73(a):

(a.1) prescribing a normal retirement age;

(a.2) prescribing a maximum eligibility age;

47          Sections 75 and 76 are repealed.

TRANSITIONAL PROVISIONS

Calculation of retirement allowance under former Act

48          Despite the repeal of subsection 1(3) (calculation of retirement allowance under former Act), that subsection, as it read immediately before its repeal by this Act, continues to apply in relation to a person receiving a retirement allowance under it.

Disability allowance under former Act

49          Despite the repeal of subsection 5(2) (disability allowance under former Act), that subsection, as it read immediately before its repeal by this Act, continues to apply in relation to a person receiving a disability allowance under it.

Annuity on death of teacher

50          Despite the repeal of section 8 (annuity on death of teacher), that section, as it read immediately before its repeal by this Act, continues to apply in relation to a person receiving a pension or annuity under it.

RELATED AMENDMENTS

C.C.S.M. c. E10 amended

51          Clause 5(1)(b) and subclause 11(1)(e)(v) of The Education Administration Act are amended by striking out "The Manitoba Association of School Trustees" and substituting "the Manitoba School Boards Association".

C.C.S.M. c. P250 amended

52          Clauses 50(2)(b) and 79(9)(a) of The Public Schools Act are amended by striking out "Manitoba Association of School Trustees" and substituting "Manitoba School Boards Association".

COMING INTO FORCE

Coming into force

53          This Act comes into force on the day it receives royal assent.