Members’ Retiring Allowances Regulations
made under Section 25 of the
Members’ Retiring Allowances Act
R.S.N.S. 1989, c. 282
O.I.C. 2025-260 (effective April 1, 2018), N.S. Reg. 186/2025
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Definitions
Calculation of interest for credit to pension accounts
Calculation of interest for repayment of amount withdrawn
Calculation of interest for back payments
Calculation of interest for credit to withdrawals or refunds of balance of contributions
Payment of allowance
Payment of allowance to trustee
Proof of age, relationship or disability
Allowance payable to retired member who is elected and again retires
Integration with Canada Pension Plan after age 65
Integration with Canada Pension Plan—survivor allowance
Citation
1 These regulations may be cited as the Members’ Retiring Allowances Regulations.
Definitions
2 In these regulations,
“Act” means the Members’ Retiring Allowances Act;
“discount rate” for a fiscal year means the discount rate used to measure the
accrued benefit liabilities under the pension accounts in the consolidated financial
statements of the Province for the fiscal year;
“pension accounts” means the Account and the Supplementary Account
established under the Act;
“Public Service Superannuation Plan” means the Public Service Superannuation
Plan established under the Public Service Superannuation Act;
“recipient” means a person receiving an allowance payable under the Act;
“retired member” means a member receiving an allowance under the Act;
“year’s maximum pensionable earnings” means Year’s Maximum Pensionable
Earnings as defined in the Canada Pension Plan.
Calculation of interest for credit to pension accounts
3 The interest rate calculated for amounts representing the interest on balances credited to
the pension accounts in each fiscal year under clauses 4(1)(b) and 21C(1)(b) of the Act is
a rate equal to the discount rate for the current fiscal year.
Calculation of interest for repayment of amount withdrawn
4 (1) Interest on an amount withdrawn under clause 16(1)(a) or (3)(a) of the Act and
repaid to the General Revenue Fund under Section 10 of the Act is charged on and
from the date the amount is withdrawn under clause 16(1)(a) or (3)(a) of the Act to
the date the amount is repaid under Section 10 of the Act.
(2) The interest rates for repayments into the General Revenue Fund under Section 10
of the Act are as follows:
(a) for the period before July 1, 1982, 4% per year compounded semi-annually;
(b) for the period on and after July 1, 1982, to December 31, 1986, 13.15% per
year compounded semi-annually;
(c) for the period on and after January 1, 1987, to March 31, 2018, 10% per
year compounded semi-annually; and
(d) for each fiscal year of that portion of the period on and after April 1, 2018, a
rate equal to the rate charged for outstanding amounts payable to the Public
Service Superannuation Plan for that fiscal year.
Calculation of interest for back payments
5 Subsection 4(2) applies with any necessary modifications to the calculation of interest for
any amount paid by a person under subsection 6(3) of the Act.
Calculation of interest for credit to withdrawals or refunds of balance of contributions
6 (1) Interest on an amount paid to a person under Section 16 of the Act is calculated on
and after the first day of the fiscal year following the fiscal year in which the
contribution to which the amount paid relates was made and before the day on
which the amount is paid.
(2) For the purpose of determining whether a refund of the balance of contributions is
owing to a member’s designated beneficiary or estate under Section 17 of the Act,
interest is calculated on contributions made by the member as of the first day of the
fiscal year immediately following the fiscal year to which the contribution related
until the day before the member’s retirement began.
(3) The interest rates for the calculation of a withdrawal of member contributions
under Section 16 of the Act or a refund of the balance of member contributions
under Section 17 of the Act are as follows:
(a) for the period before April 1, 2018, 4% per year compounded semi-annually; and
(b) for the period on and after April 1, 2018, the average of the weekly 5-year
personal fixed term chartered bank administered interest rates as reported by
the Bank of Canada for the 12-month period ending on October 31st of the
previous calendar year for which interest is to be calculated, compounded
annually.
(4) Despite clause (3)(b), if a person ceases to be a member before September 1, 2025,
and is entitled to a withdrawal of member contributions under Section 16 of the
Act, the interest rate for the period on and after April 1, 2018, until August 31,
2025, is calculated at the rate and in the manner set out in clause (3)(a).
(5) Despite clause (3)(b), if before September 1, 2025, a beneficiary of the member or
the estate of a member becomes entitled to a refund of the balance of member
contributions under Section 17 of the Act, the interest rate for the period on and
after April 1, 2018, until August 31, 2025, is calculated at the rate and in the
manner set out in clause (3)(a).
Payment of allowance
7 (1) Except as provided in subsection (2) for the first month, an allowance must be paid
in equal monthly instalments on the last day of each month.
(2) The amount of allowance paid in the first month in which it is payable must be the
amount determined by the following formula:
amount of allowance = I × D ÷ TD
in which
I = the amount of the instalment payable for a full month
D = the number of days remaining in the month after the person became entitled to
an allowance, including the day on which the person became entitled
TD = the total number of days in the month
(3) For the month in which a recipient dies,
(a) the instalment payable for that month is the amount payable for a full
month; and
(b) the instalment may be paid to the recipient’s personal representative.
Payment of allowance to trustee
8 (1) An allowance payable to a recipient who is incapable of managing their affairs
may be paid to an attorney, guardian or decision-making representative appointed
by or for the benefit of the recipient.
(2) An allowance payable to a recipient who is incapable of managing their affairs and
for whom no attorney, guardian or decision-making representative has been
appointed may be paid to a trustee named by the Minister for the benefit of the
recipient.
Proof of age, relationship or disability
9 A member or other person who claims to be entitled to any benefit under the Act must
provide the Minister with the proof of age, relationship or disability that the Minister
requires.
Allowance payable to retired member who is elected and again retires
10 If a retired member becomes a member for a period and their allowance is discontinued
under Section 15 of the Act, the member’s allowance must be recalculated when they
cease to be a member to account for their annual indemnity, annual salary and years of
service during the period.
Integration with Canada Pension Plan after age 65
11 (1) An allowance payable under the Act must be reduced in accordance with this
Section beginning in the month immediately after the month in which the member
or retired member reaches 65 years of age.
(2) The reduction referred to in subsection (1) is applied to the allowance paid from
the Registered Plan and the Supplementary Plan allowance must not be increased
as a result of the reduction applied to the Registered Plan.
(3) The amount of the reduction is the amount determined by the following formula:
amount of reduction = P × AE × YS
in which
P = 0.7%
AE = the average year’s maximum pensionable earnings during the 3 years in
which the member’s or retired member’s annual indemnity was the highest
YS = the number of years of the member’s or retired member’s service that are
subject to integration
(4) The following periods of service are subject to integration:
(a) for members or retired members who were members immediately before the
dissolution of the 62nd General Assembly on April 30, 2017, service on and
after June 1, 2017, during which the member made payments to the General
Revenue Fund of the Province under Section 6, 8, 9 or 10 of the Act; and
(b) for all other members or retired members, service on or after the later of the
following dates during which the member made payments to the General
Revenue Fund of the Province under Section 6, 8, 9 or 10 of the Act:
(i) May 1, 2017, and
(ii) the first day of the month in which the member was elected.
(5) On and after the date a member or retired member ceases making contributions on
the member’s or retired member’s annual indemnity, no further service is subject
to integration.
(6) For a reduced allowance payable under Section 12A of the Act, the reduction
calculated under subsection (3) must be reduced by the same percentage as the
reduced allowance.
Integration with Canada Pension Plan—survivor allowance
12 (1) If a member dies before retiring and before reaching 65 years of age, any survivor
allowance under Section 13 of the Act must be reduced by the percentage
reduction calculated under subsection 11(3).
(2) If a retired member dies before reaching 65 years of age, any survivor allowance
under Section 13 of the Act must be reduced as of the first day of the month
immediately after the month that the retired member would have reached 65 years
of age by the percentage reduction calculated under subsection 11(3).
(3) If a member or a retired member dies after reaching 65 years of age, any survivor
allowance under Section 13 of the Act must be calculated as a percentage of the
allowance, as reduced under subsection 11(1), that the member or retired member
would have been entitled to receive if retired, or that they were receiving at the
time of the member’s or retired member’s death.
The following regulations are not
yet in force and are not included in the current consolidation: