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Early Retirement Eligibility Designation and Regulations
made under Section 88 of the
Public Service Act
R.S.N.S. 1989, c. 376
O.I.C. 1998-332 (June 30, 1998), N.S. Reg. 46/98
as amended up to O.I.C. 2003-352 (August 1, 2003), N.S. Reg. 146/2003
Definitions
1 In these regulations,
(a) “Act” means the Public Service Act;
(b) “eligible early retirement period” means the period from April 1, 1998, until such time as all eligible employees reach their eligibility dates for early retirement;
Clause 1(b) amended: O.I.C. 2002-277, N.S. Reg. 81/2002; amended: O.I.C. 2003-352, N.S. Reg. 146/2003.
(c) “eligible employee” means a person who
(i) is one of the group of employees to whom the Memorandum of Agreement applies or is an employee to whom the Memorandum of Agreement would apply if they were not an excluded civil service employee;
(ii) is an employee in respect of whom the IIU process has been completed;
(iii) is not discharged as a result of the outcome of the IIU process;
(iv) has served any employment related discipline imposed in consequence of the IIU process;
(v) is a person designated by the Governor in Council for the purpose of subsection 88(1) of the Act; and
Subclause 1(c)(v) added: O.I.C. 2003-352, N.S. Reg. 146/2003.
(vi) is an employee within the meaning of the Public Service Superannuation Act
Subclause 1(c)(v) renumbered (vi): O.I.C. 2003-352, N.S. Reg. 146/2003.
(A) on April 1, 1998, who qualifies for retirement from the public service during the eligible early retirement period pursuant to subsection 16(6A) of the Public Service Superannuation Act, or
(B) who has reached the age of 60 years and who has 10 or more years of service in the public service.
(d) “IIU process” means the investigation of allegations of abuse conducted by the Internal Investigation Unit of the Department of Justice;
(e) “Memorandum of Agreement” means the agreement dated May 27, 1998, between the NSGEU and the Departments of Justice, Community Services and Human Resources concerning the options to be made available to employees, other than those discharged, on completion of the IIU process;
(f) “Minister” means Minister of the Public Service Commission.
Clause 1(f) amended: O.I.C. 2002-277, N.S. Reg. 81/2002.
Designation of special class
2 All eligible employees are hereby designated as a special class of persons for the purpose of Section 88 of the Act and these regulations, and shall have the right to retire from the public service in accordance with these regulations during the eligible early retirement period.
Opportunity to elect early retirement
3 An eligible employee shall be provided, by notice in writing, with an opportunity to elect early retirement upon becoming eligible in accordance with these regulations, and
(a) the employee must make an election for early retirement in writing to the Minister of Finance and Treasury Board within 30 days of the date of the notice;
Clause 3(a) amended: O.I.C. 2003-352, N.S. Reg. 146/2003.
[Note: The reference to the Minister of Finance has been updated in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 22, 2013.]
(b) where no election is made within 30 days, early retirement will be deemed to have been declined; and
(c) where the employee elects early retirement, the retirement shall be effective on the last day of the month in which the election is made.
Additional pensionable service
4 (1) Upon retirement, in accordance with these regulations,
(a) an eligible employee to whom paragraph 1(c)(v)(A) applies shall be credited with an additional 5 years of pensionable service, to a maximum of 35 years of service, or service equal to the difference between age 65 and the eligible employee’s age at retirement, whichever is the lesser, or
(b) an eligible employee as to whom paragraph 1(c)(v)(B) applies shall be credited with an additional 2 years of pensionable service, to a maximum of 35 years of service, or service equal to the difference between age 65 and the eligible employee’s age at retirement, whichever is the lesser.
(2) The additional pensionable service to be credited to the eligible employee under subsection (1) shall be reduced by:
(a) in the case of an eligible employee to whom paragraph 1(c)(v)(A) or (B) applies, the period, if any, between the end of the month in which the employee becomes eligible to take retirement under subsection 16(6A) of the Public Service Superannuation Act and the date on which the employee becomes an eligible employee under these regulations;
(b) the period of any extension granted by the Minister under Section 3.
Employees who do not elect early retirement
5 An eligible employee who does not elect to take early retirement from the public service during the eligible early retirement period in accordance with these regulations shall not be eligible to be credited with the additional pensionable service referred to in Section 4.
Employees eligible for long term disability
6 For greater certainty, an eligible employee who is eligible to retire from the public service in accordance with these regulations and who is eligible for long-term disability payments shall be entitled to the benefit of the additional pensionable service referred to in Section 4.
Employees laid off
7 Despite anything in these regulations, where a person is laid off from the public service within the meaning of the Civil Service Act and the regulations made pursuant thereto during the eligible early retirement period, and except for such layoff would be an eligible employee, such person shall be deemed to be an eligible employee for the purpose of these regulations and shall be eligible for a superannuation allowance in accordance with Section 10, based upon such person’s years of service at the time that person is laid off from the public service, and shall be credited with the additional pensionable service referred to in Section 4.
Public service award
8 Additional pensionable service referred to in Section 4 shall not be taken into account for the purposes of calculating a public service award pursuant to Section 84 of the general civil service regulations made pursuant to Section 45 of the Civil Service Act.
Pension benefits
9 Additional pensionable service credited pursuant to Section 4 shall accrue pension benefits at the rate of 2% for each year of service in the calculation of an eligible employee’s superannuation allowance, together with additions thereto in respect of the cost of living as provided in the Public Service Superannuation Act and regulations made pursuant thereto.
Annual superannuation allowance
10 The annual superannuation allowance payable to an eligible employee shall be calculated in accordance with Section 13 of the Public Service Superannuation Act with reference to salary in respect of which deductions have been made by the Minister of Finance and Treasury Board pursuant to Section 9 of the Public Service Superannuation Act and paid into the Superannuation Fund.
[Note: The reference to the Minister of Finance has been updated in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 22, 2013.]
11 The portion of the superannuation allowance attributable to the service credited pursuant to Section 4 shall be
(a) charged to the General Revenue Fund of the Province; and
[Note: the reference to the Consolidated Fund has been updated in accordance with Section 84 of the Finance Act, S.N.S. 2010, c. 2.]
(b) calculated as the total superannuation allowance payable times the fraction that the service credited under Section 4 is of the total pensionable service upon which the total superannuation allowance is calculated.