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Bill C-41

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Survivors

Pension of survivor

7. (1) If a contributor who has ceased to hold office as the lieutenant governor of a province, or who has ceased to contribute under subsection 4.1(3), but who is entitled to be paid an immediate pension or a deferred pension under section 3 dies, his or her survivor is to be paid a pension equal to one half of the immediate pension or deferred pension to which the contributor was entitled under that section.

Pension of survivor

(2) If a contributor who has ceased to be required to contribute under subsection 4(1) by reason of subsection 4(2) dies while holding office as the lieutenant governor of a province, his or her survivor is to be paid a pension equal to one half of the immediate pension or deferred pension to which the contributor would have become entitled under section 3 had he or she, immediately prior to his or her death, ceased, for any reason other than death, to hold office as the lieutenant governor of the province.

Apportion-
ment when two survivors

(3) If a pension is payable under subsection (1) or (2) and there are two survivors of the contributor, the total amount of the pension is to be apportioned so that

    (a) the survivor referred to in paragraph (a) of the definition ``survivor'' in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and

    (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the contributor while the contributor was a lieutenant governor of a province is of the number of years that the contributor was a lieutenant governor of a province.

Inclusion

(4) For the purposes of paragraph (3)(b), the period during which a contributor contributed under subsection 4.1(3) is to be included in determining the number of years that he or she was a lieutenant governor of a province.

Years

(5) In determining a number of years for the purpose of paragraph (3)(b), a part of a year is to be counted as a full year if the part is six or more months and ignored if it is less.

Commenceme nt of pension to survivor

(6) A pension that is payable under this section to a survivor of a contributor commences to be payable immediately after the death of the contributor.

Return of contributions to survivor

8. (1) If a contributor dies while holding office as the lieutenant governor of a province or while being required to contribute under subsection 4.1(3) and his or her survivor is not entitled to a pension under section 7, his or her survivor is to be paid the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated under subsection 3(5).

Apportion-
ment when two survivors

(2) If a return of contributions is payable under subsection (1) and there are two survivors of the contributor, the total amount of the return of contributions is to be apportioned so that

    (a) the survivor referred to in paragraph (a) of the definition ``survivor'' in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and

    (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the contributor while the contributor was a lieutenant governor of a province is of the number of years that the contributor was a lieutenant governor of a province.

Inclusion

(3) For the purposes of paragraph (2)(b), the period during which a contributor contributed under subsection 4.1(3) is to be included in determining the number of years that he or she was a lieutenant governor of a province.

Years

(4) In determining a number of years for the purpose of paragraph (2)(b), a part of a year is to be counted as a full year if the part is six or more months and ignored if it is less.

Death Benefit

9. If, on the death of a contributor, there is no survivor to whom a pension or return of contributions under this Act may be paid, or if the contributor's survivor dies, any amount by which the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated under subsection 3(5), exceeds the total amount paid to the contributor and his or her survivor under this Part is to be paid, as a death benefit, to the contributor's estate or succession or, if less than $1,000, as the President of the Treasury Board may direct.

16. Paragraph 11(b) of the Act is replaced by the following:

    (b) prescribing the medical examination to be required to determine whether a contributor is disabled for the purposes of section 3; and

17. Section 13 of the Act is renumbered as subsection 13(1) and is amended by adding the following:

Exception

(2) Despite subsection (1), a person to whom subsection 4.1(1) applies is required, in respect of the period referred to in subsection 4.1(2), to contribute to the Supplementary Retirement Benefits Account one per cent of the salary that he or she would have been paid during that period if the person had continued to hold office as a lieutenant governor of a province.

Manner of payment

(3) The contributions that the contributor is required to make under subsection (2) are to be

    (a) remitted directly by the contributor on a monthly, quarterly, semi-annual or annual basis if he or she becomes entitled to long-term disability insurance benefits under the Public Service Management Insurance Plan; or

    (b) made by reservation from the disability allowance payable to him or her under section 5 of the Salaries Act.

2000, c. 12

MODERNIZATION OF BENEFITS AND OBLIGATIONS ACT

18. Section 174 of the Modernization of Benefits and Obligations Act is replaced by the following:

174. The Act is amended by adding the following after section 8:

Election for former Lieutenant Governor

8.1 (1) If the person to whom a former Lieutenant Governor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to a pension under section 7 in the event of the former Lieutenant Governor's death, the former Lieutenant Governor may make an election, in accordance with the regulations, to reduce the amount of the pension to which he or she is entitled in order that the person could become entitled to a pension under subsection (2).

Payment

(2) A person referred to in subsection (1) is entitled to a pension in an amount determined in accordance with the election and the regulations if the former Lieutenant Governor dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Lieutenant Governor at the time of his or her death, or was cohabiting with the former Lieutenant Governor in a relationship of a conjugal nature for a period of at least one year immediately before his or her death.

No entitlement

(3) A person who is entitled to receive a pension under section 7 after the former Lieutenant Governor's death is not entitled to a pension under subsection (2) in respect of that former Lieutenant Governor.

1993, c. 31

NATIONAL ROUND TABLE ON THE ENVIRONMENT AND THE ECONOMY ACT

19. (1) The definition ``Executive Director'' in section 2 of the National Round Table on the Environment and the Economy Act is repealed.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

``President''
« président-di recteur général »

``President'' means the President of the Round Table appointed under section 10;

20. Subsections 9(1) and (2) of the Act are replaced by the following:

Executive committee

9. (1) There shall be an executive committee of the Round Table consisting of the Chairperson and the President and not fewer than five or more than seven other members of the Round Table to be appointed by the members for any term of office that they consider appropriate.

Functions of executive committee

(2) The executive committee shall assist the President in supervising the work of the Round Table and shall perform the duties and functions that are imposed, or exercise the powers that are conferred, on the executive committee by or under the by-laws or resolutions of the Round Table.

21. Section 10 of the Act and the heading before it are replaced by the following:

PRESIDENT

President

10. (1) There shall be a President of the Round Table, who shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term of not more than five years.

Chief executive officer

(2) The President is the chief executive officer of the Round Table and has supervision over and direction of the work and staff of the Round Table and shall perform the duties and functions that are imposed, or exercise the powers that are conferred, on the President by or under the by-laws or resolutions of the Round Table.

Reappointmen t

(3) The President is eligible for reappointment.

Absence or incapacity

(4) If the President is absent or unable to act or the office of President is vacant, the executive committee may authorize an employee of the Round Table to act as President.

22. Subsection 12(2) of the Act is replaced by the following:

President's salary

(2) The President is to be paid the salary or other remuneration that the Governor in Council may fix.

23. Subsection 13(2) of the Act is replaced by the following:

President's expenses

(2) The President is entitled to be paid reasonable travel and living expenses incurred by him or her in performing duties under this Act.

24. Section 21 of the Act is replaced by the following:

Compensation

21. The President and employees of the Round Table are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

R.S., c. P-1

PARLIAMENT OF CANADA ACT

Retroactive coming into force

24.1 Despite Order in Council P.C. 2003-1118 of July 24, 2003 and registered as SI/2003-142, paragraphs 60(g) and (h) of the Parliament of Canada Act, as enacted by subsection 10(2) of An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act, being chapter 16 of the Statutes of Canada, 2003, are deemed to have come into force on January 1, 2001.

R.S., c. S-3

SALARIES ACT

25. The Salaries Act is amended by adding the following after section 4:

DISABILITY ALLOWANCE AND OTHER BENEFITS FOR FORMER LIEUTENANT GOVERNORS

Entitlement to disability allowance

5. (1) A lieutenant governor who resigns by reason of disability, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, may elect to receive an annual disability allowance equal to 70% of his or her annual salary on the date of resignation if, at the time of resignation, he or she is

    (a) 65 years of age or over; and

    (b) incapable, because of the disability, of performing his or her duties.

Entitlement to disability allowance

(2) A former lieutenant governor who is in receipt of long-term disability insurance benefits under the Public Service Management Insurance Plan immediately before reaching the age of 65 years, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, is entitled, on becoming 65 years of age, to receive an annual disability allowance equal to 70% of his or her annual salary at the time he or she resigned as lieutenant governor.

Adjustments

(3) The disability allowance is to be adjusted to take into account changes in the annual salary on which it was based.

Duration of allowance

(4) The disability allowance is to be paid until the earlier of

    (a) the day on which the recipient of the allowance dies, and

    (b) the day that is five years after the day on which he or she commenced to hold office as lieutenant governor.

Exception

(5) This section does not apply to a lieutenant governor who has elected under section 5 of the Lieutenant Governors Superannuation Act not to contribute pursuant to section 4 of that Act.

Regulations

6. (1) The Governor in Council may make regulations respecting disability allowances, including regulations respecting

    (a) the determination of eligibility for disability allowances and medical examinations that are required;

    (b) elections to receive disability allowances and the revocation of elections; and

    (c) the administration and payment of disability allowances.

Retroactive regulations

(2) Regulations made under subsection (1) may, if they so provide, be retroactive.