Deputy Minister Pension Arrangement Regulations
made under Section 88 of the
Public Service Act
R.S.N.S. 1989, c. 376
O.I.C. 2024-44 (effective February 13, 2024), N.S. Reg. 30/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Pension arrangement continued
Eligibility for retirement with benefit
Annual benefit calculation, terms, conditions, rights and obligations
Retirement before effective date
Citation
1 These regulations may be cited as the Deputy Minister Pension Arrangement
Regulations.
Definitions
2 In these regulations,
“Deputy Minister Pension Arrangement” means the pension arrangement
established by Order in Council 81-1097G dated August 28, 1981, as amended;
“eligible person” means a person who is eligible to receive a Deputy Minister
Pension Arrangement benefit when they retire under Section 4;
“Pension Plan” has the same meaning as in the Public Service Superannuation Act;
“pensionable service” has the same meaning as in the Public Service
Superannuation Act;
“PSSA regulations” means regulations made under the Public Service
Superannuation Act;
“Superannuation Fund” has the same meaning as in the Public Service
Superannuation Act.
Pension arrangement continued
3 (1) The Deputy Minister Pension Arrangement and all of its liabilities are continued
subject to these regulations.
(2) All rights under the Deputy Minister Pension Arrangement that accrued to any
person prior to the effective date of these regulations are continued.
Eligibility for retirement with benefit
4 (1) A person is eligible to receive a benefit under the Deputy Minister Pension
Arrangement when they retire if they meet all of the following requirements:
(a) the person meets 1 of the following conditions:
(i) the person holds or has held 1 or more of the following positions,
other than in an interim or acting capacity:
(A) Clerk of the Executive Council of the Province,
(B) Deputy Minister of the Province,
(C) Chief Legislative Counsel of the Province,
(D) Chief Clerk of the House of Assembly,
(E) Auditor General of the Province,
(F) Director of Public Prosecutions of the Province,
(G) Associate Deputy Minister of the Province,
(ii) the person is a person or member of a class of persons designated by
the Governor in Council;
(b) the person has served at least 20 years as a member of the Pension Plan, not
including service with a public authority other than the Government of
Canada that has been transferred into the Pension Plan;
(c) for a person described in subclause (a)(i), the person’s service in 1 or more
of the positions described in subclause (a)(i) totals at least 5 years;
(d) the person is at least 50 years old.
(2) Despite subclause (1)(a)(i), the years of service described in clause (1)(c) may
include service in an interim or acting capacity as a Deputy Minister of the
Province, provided that such period of time served as an interim or acting Deputy
Minister of the Province immediately preceded the person’s appointment as a
Deputy Minister of the Province.
Annual benefit calculation, terms, conditions, rights and obligations
5 (1) An annual benefit paid to an eligible person under the Deputy Minister Pension
Arrangement must be calculated in accordance with the following formula:
annual benefit = A × 0.02 × B
in which
A = the eligible person’s average annual salary for the 3 years of the eligible
person’s service in the public service of the Province during which the
eligible person’s annual salary was highest
B = the total number of years of pensionable service.
(2) Despite subsection (1),
(a) the annual benefit payable by the Deputy Minister Pension Arrangement
must be calculated to take into account any benefit to which the eligible
person is entitled or is deemed to be entitled under the Canada Pension
Plan; and
(b) the calculation described in clause (a) must be made in the same manner as
the calculation used to adjust a superannuation allowance under the Pension
Plan to take into account any benefit to which a person is entitled or is
deemed to be entitled under the Canada Pension Plan.
(3) Except as provided in these regulations,
(a) the annual benefit payable by the Deputy Minister Pension Arrangement is
subject to the same terms and conditions as a superannuation allowance
under the Pension Plan; and
(b) all rights and obligations contained in the Pension Plan and the PSSA
regulations apply, with the necessary changes in detail, to an eligible person.
Retirement before effective date
6 Despite Section 4, no person who would be eligible to receive a benefit under the Deputy
Minister Pension Arrangement as a member of the class of persons described in
paragraph 4(1)(a)(i)(G) will receive a benefit under the Deputy Minister Pension
Arrangement if the person retired before the effective date of these regulations.
The following regulations are not
yet in force and are not included in the current consolidation: