This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Early Retirement Incentive Program (1994-98) Regulations made under Section 88 of the
Public Service Act
R.S.N.S. 1989, c. 376
O.I.C. 94-117 (February 8, 1994), N.S. Reg. 23/94
as amended up to and including O.I.C. 97-176 (Mar. 4, 1997), N.S. Reg. 29/971 These regulations may be cited as the Early Retirement Incentive Program (1994-98) Regulations.
2 The purpose of these regulations is to achieve a significant reduction in the size of the Province's public service during the eligible early retirement period.
3 All terms used in these regulations have the same meaning as defined in the Public Service Act, unless otherwise defined herein.
4 In these regulations
(a) "Act" means the Public Service Act;
(b) "eligible early retirement period" means the period April 1, 1994 through March 31, 1998;
(c) "eligible employee" means a person who is an employee within the meaning of the Public Service Superannuation Act on the first day of January, 1994 and who qualifies for retirement from the public service pursuant to subsection (6A) of Section 16 of the Public Service Superannuation Act;
(d) "Minister" means Minister of Human Resources.
5 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.
6 An eligible employee who is eligible to retire from the public service in accordance with these regulations by April 30, 1994, must elect, in writing, to retire by March 31, 1994 and retire as of April 30, May 31 or June 30, 1994, except as otherwise approved, in writing, by the Minister in exceptional circumstances.
7 An eligible employee who is eligible to retire from the public service in accordance with these regulations by May 31, 1994, must elect in writing to retire by April 30, 1994 and retire as of May 31 or June 30, 1994, except as otherwise approved, in writing, by the Minister in exceptional circumstances.
7A (1) Despite Sections 6 and 7, the deadlines set out in those Sections for written elections to be made by the eligible employees referred to in those Sections are extended to May 31, 1994.
(2) Where an eligible employee elects in writing pursuant to subsection (1), the employee shall retire as of June 30, 1994.
Section 7A added: O.I.C. 94-422, N.S. Reg. 85/94.8 An eligible employee who is eligible to retire from the public service in accordance with these regulations by June 30, 1994 or thereafter up to March 31, 1998, must elect, in writing, to retire not later than two months prior to the month in which the eligible employee becomes eligible to retire and must retire at the end of the month the eligible employee becomes eligible to retire, except as otherwise approved, in writing, by the Minister in exceptional circumstances.
8A (1) Despite Sections 6, 7, 7A and 8, the expired deadlines set out in those Sections for written election of early retirement are extended in each case to May 31, 1996.
(2) An eligible employee who elects to retire in accordance with subsection (1) must retire within 30 days of the date of election, except as otherwise approved in writing by the Minister, in which case Section 9A applies.
(3) For the purposes of this Section, "eligible employee" includes persons who were employees within the meaning of the Public Service Superannuation Act on or before January 31, 1994, and who qualify for retirement from the public service pursuant to (6A) of Section 16 of the Public Service Superannuation Act.
Section 8A added: O.I.C. 96-213, N.S. Reg. 59/96.8B (1) Any person who is an employee within the meaning of the Public Service Superannuation Act and who has reached the age of sixty years and who has 10 or more years service in the public service is entitled to elect early retirement in accordance with this Section.
(2) The persons referred to in subsection (1) are hereby designated a special class for the purpose of Section 88 of the Act and these regulations.
(3) An employee who is eligible to retire from the public service under this Section on or before June 30, 1996, must elect, in writing, to retire by May 31, 1996 and retire as of June 30 or July 31, 1996, except as otherwise approved in writing by the Minister in exceptional circumstances.
(4) An employee who becomes eligible to retire from the public service under this Section after June 30, 1996 and on or before July 31, 1996, must elect in writing to retire by June 30, 1996 and retire as of July 31 or August 31, 1996, except as otherwise approved in writing by the Minister in exceptional circumstances.
(5) An employee who becomes eligible to retire from the public service under this Section after July 31, 1996 up to March 31, 1998, must elect, in writing, to retire not later than two months prior to the month in which the eligible employee becomes eligible to retire under this Section, and must retire at the end of the month the eligible employee becomes eligible to retire, except as otherwise approved in writing by the Minister in exceptional circumstances.
(6) Upon retirement in accordance with this Section, an eligible employee shall be credited with an additional two 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.
(7) Notwithstanding anything in these regulations, where a person who was laid off from the public service, on or after September 1, 1995, within the meaning of the Civil Service Act and the regulations made pursuant thereto, and, except for such lay-off, would be eligible to retire under this Section, such person shall be deemed to be an employee eligible to retire under this Section, whether or not the person has retired prior to the coming into force of this Section.
(8) Subject to and in accordance with the Public Service Superannuation Act, the Minister shall pay into the Superannuation Fund the employee's contribution and the employer's contribution to May 31, 1996, in respect of any person who is deemed pursuant to subsection (7) to be an eligible employee and who elects to retire in accordance with this Section.
(9) Section 9A through 20, excepting Section 12, apply to persons eligible to retire under this Section with such changes as are required by the circumstances.
Section 8B added: O.I.C. 96-259, N.S. Reg. 71/96.9 Upon retirement in accordance with these regulations, an eligible employee 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.
9A Where an eligible employee
(a) elects to retire in accordance with these regulations; and
(b) is granted by the Minister, upon application in writing, an extension of the date upon which the employee would otherwise be required to retire under Sections 6, 7 and 8,
the additional pensionable service which would be credited to the employee upon retirement under Section 9 shall be reduced by the period of such extension beyond the retirement date elected by the eligible employee prior to having been granted the extension.
Section 9A added: O.I.C. 94-286, N.S. Reg. 59/94.9B In the application of Section 9 to an eligible employee who elects to retire under Section 8A, the additional years of pensionable service to be credited to the employee upon retirement shall be reduced by the amount of pensionable time earned by the employee between the earliest date on which the employee could have retired under these regulations and the date upon which an election of retirement under Section 8A becomes effective.
Section 9B added: O.I.C. 96-213, N.S. Reg. 59/96.10 An eligible employee who does not elect to exercise the option to retire early 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 9 of these regulations.
11 Notwithstanding anything in these regulations, 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 9 of these regulations, provided the Long-Term Disability Plan Administrator determines that the eligible employee will remain disabled and not be able to return to work prior to retirement from the public service pursuant to the Public Service Superannuation Act, otherwise than in accordance with these regulations.
12 (1) Notwithstanding anything in these regulations, where a person is laid off from the public service, on or before March 31, 1994, within the meaning of the Civil Service Act and the regulations made pursuant thereto, and, except for such lay-off would be an eligible employee, such person shall be deemed to be an eligible employee for the purpose of these regulations.
(2) The Minister shall pay into the Superannuation Fund the employee's contribution and the employer's contribution pursuant to the Public Service Superannuation Act to April 30, 1994, in respect of such person who is deemed pursuant to subsection (1) to be an eligible employee and who elects to retire in accordance with these regulations.
13 Notwithstanding anything in these regulations, where a person is laid off from the public service, during the eligible early retirement period, within the meaning of the Civil Service Act and the regulations made pursuant thereto, and except for such lay-off 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 to a superannuation allowance calculated in accordance with Section 16 of these regulations 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 9 of these regulations.
14 Additional pensionable service referred to in Section 9 of these regulations shall not be taken into account for the purposes of calculating a public service award.
15 Additional pensionable service credited pursuant to Section 9 of these regulations 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.
16 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 pursuant to Section 9 of the Public Service Superannuation Act and paid into the Superannuation Fund.
17 The cost of service credited pursuant to Section 15 and allowances payable pursuant to Section 16 shall be charged to the Consolidated Fund of the Province.
18 Employees of corporations, boards, commissions and other agencies of the Province who, for all purposes of the Public Service Superannuation Act, are deemed to be employed in the public service of the Province, may retire in accordance with these regulations, or under a similar early retirement program having substantially the same purpose, if separately approved by the Minister.
19 Without restricting the application of Section 18 hereof, these regulations apply, with the necessary changes as required by the circumstances, to employees of The Nova Scotia Liquor Commission, the Alcohol and Gaming Authority*, the Nova Scotia Research Foundation Corporation and the Cancer Treatment and Research Foundation of Nova Scotia.
*[Note: The Liquor License Board and the Gaming Control Commission were amalgamated as the Alcohol and Gaming Authority by O.I.C. 97-470 dated July 15, 1997. Reference to the Liquor License Board has been changed accordingly.]20 Without restricting the application of Section 18 hereof, these regulations continue to apply, with the necessary changes as required by the circumstances,
(a) to eligible employees employed at the Victoria General Hospital at Halifax who become employees of the Queen Elizabeth II Health Sciences Centre prior to April 1, 1998;
(b) to eligible employees at the Nova Scotia Community College, as constituted under Chapter 495 of the Revised Statutes of Nova Scotia, the Nova Scotia Community College Act, who become employees of the Nova Scotia Community College or of the Collège de l'Acadie prior to April 1, 1998;
(c) to eligible employees employed in the Department of Health in the public health or drug dependency services and who become employees of the Central Regional Health Board, the Western Regional Health Board, the Northern Regional Health Board, or the Eastern Regional Health Board prior to April 1, 1998.
Clause 20(c) added: O.I.C. 97-176, N.S. Reg. 29/97.
Section 20 added: O.I.C. 95-946, N.S. Reg. 188/95.