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Remuneration of Elected Provincial Officials Regulations made under Section 19 of theThe Governor in Council on the Report and Recommendation of the Minister of Finance dated the 18th day of January , 1984, pursuant to Section 15B of Chapter 181 of the R.S., 1967, as amended by Chapter 35 of the Acts of 1983, the Members' Retiring Allowances Act, is pleased to make the following regulations as being set forth as Schedule "A" attached to and forming part of the said Report and Recommendation for the purpose of implementing recommendations R-19 and R-23 of the June 23, 1982 Report of Inquiry on Remuneration of Elected Provincial Officials with respect to former members and members of the Executive Council who were ineligible for an allowance upon ceasing to be a member:
Members' Retiring Allowances Act
R.S.N.S. 1989, c. 282
O.I.C. 84-154 (February 7, 1984), N.S. Reg. 15/84
1 Notwithstanding subsection (1) of Section 7 of the Members' Retiring Allowances Act, an allowance shall be paid in accordance with that Act and the regulations made thereunder, other than that subsection, to or in respect of a person who has served as a member for at least five years during two or more General Assemblies, who was alive on the first day of January, 1982, who was not a member on that date and has not become a member subsequent to that date and who
(a) has not received a refund of his contributions pursuant to that Act; or
(b) has made the payments required by these regulations into the Members' Retiring Allowances Account,
and upon that person
(c) attaining the age of fifty-five years;
(d) becoming totally disabled; or
or upon an allowance otherwise becoming payable.
2 (1) The Minister shall give written notice to every person, or his personal representative or guardian, to whom or in respect of whom an allowance would be paid by virtue of these regulations.
(2) The Minister shall determine for each person
(a) the period within which the payments to be made pursuant to these regulations are to be made; and
(b) the lump sum payment or instalment payments which may be made, including the interest required by regulations made pursuant to
subsection[clause] (f) of [subsection 1 of] Section 19 of the Act, to be paid thereon.
(3) The payment into the Members' Retiring Allowances Account shall be the amount standing to the credit of the person at the time he ceased to be a member, together with interest as aforesaid.
3 The payments required to be made by these regulations may be made into the Members' Retiring Allowance Account in a lump sum or in such instalments as are approved by the Minister.
4 An allowance shall be paid to or in respect of a person in accordance with these regulations
(a) where the person has not received a refund of his contributions pursuant to the Member's Retiring Allowances Act; or
(b) upon all the payments required by these regulations being made,
and the allowance shall be paid retroactively to the date of entitlement thereto by virtue of these regulations or to the first day of January, 1982, whichever is later, but no allowance shall be paid before all payments required are made.
5 These regulations have effect on, from and after the first day of January, 1982, and shall accordingly be read, construed, interpreted and given effect on, from and after that date.