Supplementary Retiring Allowances Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.52
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 2. Duration of Legislative Assembly 2.1. Administra- tion of Act 2.2. Definitions 3. Allowance 4. Definition: "qualifying member" 5. Definition: "qualifying member" 5.1. Definitions 5.2. Allowance 5.21. Subsequent election 5.3. Election to include prior service 5.31. Tabling of elections 5.4. Definition: "qualifying member" 5.5. Definition: "qualifying member" 5.6. Definition: "qualifying member" 6. Allowances to surviving spouse and children 7. Lump sum 7.1. Lump sum payable in respect of member with- out dependants 7.2. Designation of beneficiary 8. Post- retirement increase 9. Election to receive allowance at other time 10. Allowance not paid during 10.1. Pay out from plan 10.2. Assignment prohibited 10.3. Definitions 11. Consolidated Revenue Fund 11.1. Annual report on administration 12. Regulations 13. Repealed
Regulations
Supplementary Retiring Allowances Regulations

PART 1

S.N.W.T. 2002,c.4,s.27

INTERPRETATION

Definitions

1.

In this Act,

"actuary" means a Fellow of the Canadian Institute of Actuaries engaged by the Board of Management under subsection 2.1(3); (actuaire)

"adjustment" means the post-retirement increase payable under section 8; (rajustement)

"allowance" means an allowance payable under this Act; (allocation)

"basic allowance" means

(a) in the case of a member, the annual allowance the member would have been eligible to receive under this Act, if he or she had ceased to be a member on the day immediately before his or her death, and

(b) in the case of a former member who is in receipt of an annual allowance, the annual allowance that the former member was receiving under this Act at the time of his or her death; (allocation de base)

"Benefit Index" means the Benefit Index defined in the Supplementary Retirement Benefits Act (Canada); (indice de prestation)

"Board of Management" means the Legislative Assembly Board of Management continued under subsection 36(1) of the Legislative Assembly and Executive Council Act; (Bureau de régie)

"child" means the child, stepchild or adopted child of a member or former member who

(a) has not attained the age of majority,

(a.1) would qualify for a tax credit pursuant to section 118.3 of the Income Tax Act (Canada) for a mental and physical impairment and who is dependent on the member for the necessities of life, or

(b) has attained the age of majority but is less than 25 years of age, and is in full-time attendance at a school or university, having been in attendance substantially without interruption since he or she reached the age of majority or since the member or former member died, whichever occurred later; (enfant)

"Deputy Speaker" means the Deputy Speaker and chairperson of the Committee of the Whole; (président adjoint)

"earnings" means the indemnity payable to a member for service in a required capacity; (gains)

"member" means a member of the Legislative Assembly; (député)

"pensionable remuneration" means an annual, daily or other indemnity payable to a member under the Legislative Assembly and Executive Council Act; (revenu admissible)

"recipient" means a person who

(a) is a member or former member who is in receipt of an annual allowance under this Act, or

(b) is a person in receipt of an annual allowance by virtue of being a former spouse, surviving spouse or child of a member or former member; (prestataire)

"required capacity" means the capacity of the Speaker, the Deputy Speaker, a deputy chairperson of the Committee of the Whole, a chairperson of a standing committee of the Legislative Assembly, the Premier or a Minister; (charge)

"service" means service as a member; (mandat)

"Speaker" means the Speaker of the Legislative Assembly; (président)

"spouse" means a person who

(a) is married to a member or former member,

(b) has been married in good faith to a member or former member in a marriage that is voidable or void and has entered that marriage in good faith, or

(c) has lived together in a conjugal relationship outside marriage with a member or former member, if

(i) the person and the member or former member have so lived for a period of at least two years, or

(ii) the relationship is one of some permanence and the person and the member or former member are together the natural or adoptive parents of a child. (conjoint)

S.N.W.T. 1996,c.9,Sch.C,s.7; S.N.W.T. 1998,c.31, Sch.A,s.6; S.N.W.T. 1999,c.22,s.114(2),(4)(a); S.N.W.T. 2002,c.4,s.28; S.N.W.T. 2011,c.12,s.22; S.N.W.T. 2015,c.15,s.6.

Duration of Legislative Assembly

2.

(1) For the purposes of this Act, a Legislative Assembly that is not dissolved before the expiration of the period fixed for its duration is deemed to be dissolved on the expiration of that period.

Ceasing to be member

(2) For the purposes of this Act,

(a) a person does not cease to be a member by reason only of a dissolution of the Legislative Assembly; and

(b) a person who was a member immediately before a dissolution of the Legislative Assembly ceases to be a member if he or she is not elected as a member of the Legislative Assembly at the general election next following the dissolution, and is deemed to have ceased to be a member on the day on which the general election was held.

S.N.W.T. 2011,c.12,s.23(1),24.

PART 2

ADMINISTRATION

Administra- tion of Act

2.1.

(1) The Board of Management shall administer this Act and the regulations made under this Act.

Engagement of persons and delegation of powers

(2) The Board of Management may engage the persons that it considers necessary for carrying out the provisions of this Act and it may delegate all or any of its powers of administration to those persons.

Engagement of professionals

(3) The Board of Management

(a) may engage the professionals that it requires to assist and advise it in the administration of this Act, and

(b) shall fix the functions, duties and remuneration of the professionals that it engages,

and such professionals shall be paid out of the Consolidated Revenue Fund out of money appropriated for that purpose.

(4) Repealed, S.N.W.T. 2011,c.12,s.25(1).

Valuation of liabilities

(5) The actuary shall value the liabilities under this Act no less frequently than as of April 1 in the year after a general election, and shall provide a report of the valuation to the Board of Management. S.N.W.T. 2002, c.4,s.29; S.N.W.T. 2011,c.12,s.25.

RESPECT OF SERVICE CREDITED PRIOR TO

PART 3

RETIRING ALLOWANCES PAYABLE IN

THE FOURTEENTH LEGISLATIVE

ASSEMBLY

Definitions

2.2.

In this Part,

"credited service" means

(a) the years of service of a member or a former member after 1988 and

(i) before April 1, 1996, in the case of a member who ceased to be a member or has given at least six years of service before April 1, 1996, or

(ii) in the case of a returning member to the Thirteenth Legislative Assembly who has not given at least six years of service before April 1, 1996, before the earliest of

(A) the day he or she attains six years of service,

(B) the day he or she ceases to be a member,

(C) April 1, 1999, where he or she ceases to be a member of the Council of the Northwest Territories by virtue of subsection 76(1) of the Nunavut Act, and

(D) the dissolution of the Thirteenth Legislative Assembly, and

(b) the years of service between March 10, 1975 and 1988 where the member or former member has filed with the Speaker an election before the end of 1990 to include those years in the determination of an allowance and a benefit and the Speaker has accepted the election made by the member; (service admissible)

"returning member to the Thirteenth Legislative Assembly" means a member who

(a) first became a member for the Twelfth Legislative Assembly,

(b) had not less than two years of service during the Twelfth Legislative Assembly, and

(c) was re-elected to the Thirteenth Legislative Assembly. (député de retour pour la treizième Assemblée législative)

S.N.W.T. 2002,c.4,s.29.

Allowance

3.

(1) An allowance shall be paid in accordance with this Part and Part 5 to or in respect of a member or former member.

Monthly payments

(2) Except as otherwise provided in this Act or in the regulations, an annual allowance is payable to a recipient monthly during his or her lifetime. S.N.W.T. 2002,c.4,s.30; S.N.W.T. 2011,c.12,s.26.

Definition: "qualifying member"

4.

(1) In this section, "qualifying member" means a member who, at the time he or she ceases to be a member,

(a) has given at least six years of credited service; or

(b) is a returning member to the Thirteenth Legislative Assembly who continues as a member until

(i) it is dissolved, or

(ii) April 1, 1999, where the member ceases to be a member of the Council of the Northwest Territories by virtue of the coming into force of subsection 76(1) of the Nunavut Act.

Calculation of annual allowance of member

(2) Subject to sections 9 and 10, a qualifying member shall be paid, on attaining 55 years of age, an annual allowance in an amount equal to

(a) the number of years of credited service not exceeding 15 years,

multiplied by

(b) where the member has served four or more years, 3% of the average annual pensionable remuneration received by the member during any period selected by him or her or on his or her behalf consisting of non-overlapping periods of credited service totalling four years; or

(c) where the member has served less than four years, 3% of the average annual pensionable remuneration received by the member during the total period of credited service.

Limitation

(3) The number of years of credited service referred to in paragraph (2)(a) must not include any period after November 30 in the year in which the member attains 71 years of age. S.N.W.T. 1996,c.9, Sch.C, s.8; S.N.W.T. 1998,c.31,Sch.A,s.7; S.N.W.T. 2002,c.4,s.31; S.N.W.T. 2011,c.12,s.23(2),27.

Definition: "qualifying member"

5.

(1) In this section, "qualifying member" means a member who, at the time he or she ceases to be a member,

(a) is eligible for an allowance under section 4; and

(b) has served in a required capacity.

Allowance based on earnings

(2) Subject to sections 9 and 10, a qualifying member shall be paid, on attaining 55 years of age, in addition to the annual allowance payable under section 4, an annual allowance equal to

(a) the number of years of credited service in that capacity, not exceeding 15 years;

multiplied by

(b) where the member has served four or more years in that capacity during his or her period of credited service, 3% of the average annual earnings received by the member during any period selected by him or her or on his or her behalf consisting of non-overlapping periods of credited service in that capacity totalling four years; or

(c) where the member has served less than four years in that capacity during his or her period of credited service, 3% of the average annual earnings received by the member during the total period of credited service in that capacity.

Limitation

(3) The number of years of credited service referred to in paragraph (2)(a) must not include any period after November 30 in the year in which the member attains 71 years of age. S.N.W.T. 1996,c.9, Sch.C,s.9; S.N.W.T. 1999,c.22,s.114(4)(b); S.N.W.T. 2002,c.4,s.32; S.N.W.T. 2011,c.12,s.23(2),27(2),28. THE THIRTEENTH LEGISLATIVE ASSEMBLY

PART 4

RETIRING ALLOWANCES PAYABLE IN

RESPECT OF SERVICE CREDITED AFTER

Definitions

5.1.

In this Part,

"credited service" means

(a) the years of service of a member or former member after December 6, 1999, and

(b) if the member or former member files an election in accordance with section 5.3, the years of service as a member of the Thirteenth Legislative Assembly that are not included in his or her credited service as calculated under Part 3; (service admissible)

"pensionable age" means the earliest of

(a) 60 years of age,

(b) 30 years of service, or

(c) the aggregate of an age in years and years of service equal to 80. (âge d’admissibilité)

S.N.W.T. 2002,c.4,s.33.

Allowance

5.2.

(1) Subject to subsection (2), an allowance shall be paid in accordance with this Part and Part 5 to or in respect of a member or former member.

Election of member

(2) No allowance shall be paid in respect of service to which this Part applies unless the member files with the Speaker an election in the form approved by the Speaker,

(a) in respect of a member of the Fourteenth Legislative Assembly, within 30 days after April 1, 2002; or

(b) in any other case, within 60 days after the commencement of the first session of the Legislative Assembly immediately following the first election of the member that occurs after April 1, 2002.

Monthly payments

(3) Except as otherwise provided in this Act or in the regulations, an annual allowance is payable to a recipient monthly during his or her lifetime. S.N.W.T. 2002,c.4,s.33; S.N.W.T. 2011,c.12,s.29,30.

Subsequent election

5.21.

(1) Notwithstanding subsection 5.2(2), a member who did not, after his or her first election as a member, file with the Speaker the election provided for in paragraph 5.2(2)(b), may file an election if he or she is elected to a subsequent Legislative Assembly.

Filing requirements

(2) An election under subsection (1) must be

(a) in the form approved by the Speaker; and

(b) filed within 60 days after commencement of the first session of the Legislative Assembly following the election of the member.

No election to include prior service

(3) For greater certainty, a member who files an election under subsection (1) may not elect to include as credited service any period of service in a Legislative Assembly that dissolved before the election is filed. S.N.W.T. 2006,c.13,s.2.

Election to include prior service

5.3.

(1) A member of the Fourteenth Legislative Assembly who was a member of the Thirteenth Legislative Assembly and who files an election in accordance with subsection 5.2(2) may elect to include as credited service that part of his or her period of service as a member of the Thirteenth Legislative Assembly that is not included in his or her credited service as calculated under Part 3.

Form of election

(2) A member may make an election under subsection (1) by filing with the Speaker, within 30 days after April 1, 2002, an election in the form approved by the Speaker.

Amount of payment in respect of prior service

(3) A member who makes an election under subsection (1) shall pay an amount, as determined by an actuary in accordance with the recommendations of the Canadian Institute of Actuaries and generally accepted actuarial principles, equal to the actuarial present value of the allowance in respect of his or her service as a member of the Thirteenth Legislative Assembly that is not included in the member’s credited service as calculated under Part 3.

How payment must be made

(4) The amount payable under subsection (3) shall be paid before the dissolution of the Fourteenth Legislative Assembly or on the member ceasing to be a member, whichever is earlier, into the Consolidated Revenue Fund.

Amount returned if total payment not made

(5) If the entire amount payable by a member under subsection (3) is not paid within the time provided by subsection (4), the amount paid by the member, with interest at the rate fixed by the Board of Management, shall be returned to the member and the member is deemed to have not filed an election in accordance with this section. S.N.W.T. 2002,c.4,s.33; S.N.W.T. 2011, c.12,s.29.

Tabling of elections

5.31.

The Speaker shall, as soon as possible after the end of each fiscal year, lay before the Legislative Assembly copies of the elections filed by members under subsections 5.2(2), 5.21(1) and 5.3(2). S.N.W.T. 2002,c.4,s.33; S.N.W.T. 2006,c.13,s.3.

Definition: "qualifying member"

5.4.

(1) In this section, "qualifying member" means a member who, before he or she ceases to be a member, files an election in accordance with subsection 5.2(2), and who, at the time he or she ceases to be a member,

(a) has given at least four years of credited service; or

(b) was elected to the Legislative Assembly at a general election held on or after December 6, 1999, continued as a member of that Legislative Assembly until its dissolution, and ceased to be a member before October 18, 2007.

Calculation of annual allowance of member

(2) Subject to sections 9 and 10, a qualifying member shall be paid, on attaining pensionable age, an annual allowance in an amount equal to

(a) the number of years of credited service,

multiplied by,

(b) where the member has served four or more years, 2% of the average annual pensionable remuneration received by the member during any period selected by him or her or on his or her behalf consisting of non-overlapping periods of credited service totalling four years; or

(c) where the member has served less than four years, 2% of the average annual pensionable remuneration received by the member during the entire period of credited service.

Limitation

(3) The number of years of credited service referred to in paragraph (2)(a) must not include any period after November 30 in the year in which the member attains 71 years of age. S.N.W.T. 2002,c.4, s.33; S.N.W.T. 2011,c.12,s.23(2), 27(2),30.

Definition: "qualifying member"

5.5.

(1) In this section, "qualifying member" means a member who, at the time he or she ceases to be a member,

(a) is eligible for an allowance under section 5.4; and

(b) has served in a required capacity.

Allowance based on earnings

(2) Subject to sections 9 and 10, a qualifying member shall be paid, on attaining pensionable age, in addition to the annual allowance payable under section 5.4, an annual allowance equal to

(a) the number of years of credited service in that capacity,

multiplied by

(b) where the member has served four or more years in that capacity during his or her period of credited service, 2% of the average annual earnings received by the member during any period selected by him or her or on his or her behalf consisting of non-overlapping periods of credited service in that capacity totalling four years; or

(c) where the member has served less than four years in that capacity during his or her period of credited service, 2% of the average annual earnings received by the member during the total period of credited service in that capacity.

Limitation

(3) The number of years of credited service referred to in paragraph (2)(a) must not include any period after November 30 in the year in which the member attains 71 years of age. S.N.W.T. 2002,c.4, s.33; S.N.W.T. 2011,c.12,s.23(2),27(2),28.

Definition: "qualifying member"

5.6.

(1) In this section, "qualifying member" means a member who ceases to be a member after October 17, 2007, and

(a) has given at least four years of credited service at the time he or she ceases to be a member;

(b) was elected to the Legislative Assembly at a general election and has continued as a member of that Legislative Assembly until it is dissolved; or

(c) attains 71 years of age while he or she is serving as a member.

Retiring allowance based on pensionable remuneration and earnings

(2) Subject to sections 9 and 10, a qualifying member shall, on attaining pensionable age, be paid an annual allowance equal to

(a) the number of years of credited service,

multiplied by

(b) 2% of the average annual pensionable remuneration and earnings received by the member during any period selected by him or her or on his or her behalf consisting of non-overlapping periods of credited service totalling four years; or

(c) where a member has given less than four years of credited service, 2% of the average annual pensionable remuneration and earnings received by the member during the period of total credited service.

Limitation

(3) The number of years of credited service referred to in subsection (2) must not include any period after November 30 in the year in which the member or former member attains 71 years of age. S.N.W.T. 2011, c.12,s.32.

PART 5

GENERAL PROVISIONS

Allowances on Death

Allowances to surviving spouse and children

6.

(1) Where a member or former member dies, on his or her death an annual allowance shall be paid to the surviving spouse and to each child of the member or former member as follows:

(a) to the surviving spouse, an annual allowance equal to,

(i) in respect of service to which Part 3 applies, 75% of the basic allowance of the member or former member, and

(ii) in respect of service to which Part 4 applies,

(A) 100% of the basic allowance of the member or former member for the first 60 monthly payments beginning the day on which an allowance under this Act commences to be paid, and

(B) 66 2/3% of the basic allowance of the member or former member after the first 60 monthly payments;

(b) if the member or former member dies leaving a surviving spouse, to each child of the member or former member, an annual allowance equal to 10% of the basic allowance of the member or former member;

(c) if the member or former member dies without leaving a surviving spouse, to each child of the member or former member, an annual allowance equal to,

(i) in respect of service to which Part 3 applies, 25% of the basic allowance of the member or former member, and

(ii) in respect of service to which Part 4 applies,

(A) 100% of the basic allowance of the member or former member, divided by the number of children, for the first 60 monthly payments beginning the day on which an allowance under this Act commences to be paid, and

(B) 25% of the basic allowance of the member or former member after the first 60 monthly payments.

Duration of allowance

(2) An allowance payable under paragraph (1)(a) is payable for the lifetime of the surviving spouse.

Allowance to child

(3) An allowance payable to a recipient under paragraph (1)(b), subparagraph (1)(c)(i) or clause (1)(c)(ii)(B) is payable until the recipient ceases to be a child as defined in section 1.

Five year guarantee

(4) An allowance payable under clause (1)(c)(ii)(A) and, notwithstanding subsection (2), an allowance payable under clause (1)(a)(ii)(A) is payable for the remainder of the 60 monthly payments made after the day on which an allowance under this Act commences to be paid to or in respect of the former member.

Where more than one allowance payable

(5) Where more than one allowance is payable under subsection (1), the total amount of the allowances must not exceed 100% of the basic allowance of the member or former member.

Reduction of allowances payable to children

(6) If the allowances payable under subsection (1) are reduced as a result of the application of subsection (5), the reduction shall be made from the allowances payable to the children of the member or former member. S.N.W.T. 1998,c.4,s.12; S.N.W.T. 2002,c.4, s.34; S.N.W.T. 2015,c.15,s.7.

Lump sum

7.

(1) Where a member or former member who is not in receipt of an allowance under this Act dies and there is no person to whom an allowance may be paid in respect of that member or former member, a lump sum approved by the Board of Management shall be paid to the beneficiary designated by the member or former member.

Amount

(2) A lump sum referred to in subsection (1) shall be equal to the actuarial present value of the basic allowance that would have been paid to the member or former member in respect of service after 1988 as determined by an actuary in accordance with the regulations. S.N.W.T. 1996,c.9,Sch.C,s.10; S.N.W.T. 1999,c.22,s.114(3)(a); S.N.W.T. 2002,c.4, s.34.

Lump sum payable in respect of member with- out dependants

7.1.

Where a former member who is in receipt of an allowance dies and there is no person to whom an allowance may be paid in respect of that former member, a lump sum equal to the actuarial present value of the allowance that would have been paid to the former member for the period commencing on the day of the former member’s death and ending on the day before the tenth anniversary of the day that payment of the allowance to the former member commenced shall be paid to the beneficiary designated by the former member. S.N.W.T. 1996, c.9,Sch.Cs.11.

Designation of beneficiary

7.2.

(1) A member or former member may designate a beneficiary for the purposes of subsection 7(1) and section 7.1.

Deemed designation of beneficiary

(2) A member or former member who does not make a designation of a beneficiary under subsection

(1) is deemed to have designated his or her estate as beneficiary. S.N.W.T. 1996,c.9,Sch.C,s.11; S.N.W.T. 2002,c.4,s.35.

Post-Retirement Increases

S.N.W.T. 2002,c.4,s.36

Post- retirement increase

8.

(1) A post-retirement increase shall be paid to every recipient.

Calculation

(2) The post-retirement increase payable to a recipient for a month in a year is an amount equal to the amount obtained by multiplying

(a) the amount of the annual allowance payable to the recipient for that month,

by

(b) the ratio that the Benefit Index for the year in which that month falls bears to the Benefit Index for the year in which

(i) the member ceases to earn credited service, in the case of an allowance payable under Part 3, or

(ii) the member or former member ceases to be a member or dies, in the case of an allowance payable under Part 4,

and by subtracting from that product the amount of the annual allowance payable to the recipient for that month.

Payment

(3) A post-retirement increase payable to a recipient is payable at the same time and in the same manner and subject to the same terms and conditions as the annual allowance payable to the recipient. S.N.W.T. 1996,c.9,Sch.C,s.12; S.N.W.T. 2002, c.4, s.36.

Retirement

Election to receive allowance at other time

9.

(1) Subject to subsection (4), a member who ceases to be a member may elect, in accordance with the regulations, to begin receiving, at any time, any allowance to which he or she would otherwise be entitled under this Act.

Adjustment of amount for service to which Part 3 applies

(2) Where a member or former member elects under subsection (1) to commence receiving an allowance on a date before his or her 55th birthday, the amount of the allowance payable to him or her, in respect of service to which Part 3 applies, shall be adjusted to be the actuarial equivalent of the allowance payable from 55 years of age.

Adjustment of amount for service to which Part 4 applies

(3) Where a member or former member elects under subsection (1) to commence receiving an allowance before he or she has attained pensionable age, the amount of the allowance payable to him or her, in respect of service to which Part 4 applies, shall be reduced by 0.25% for each month or part of a month that precedes the day the member attains pensionable age.

Deemed election

(4) A member or former member who fails to make an election before December 1 of the year in which he or she attains 71 years of age is deemed to have elected to commence receiving an allowance on December 1 of that year. S.N.W.T. 2002,c.4,s.37; S.N.W.T. 2011,c.12,s.27(2).

Allowance not paid during

10.

(1) A member is not entitled to receive any allowance until

(a) he or she ceases to be a member, or

(b) December 1 in the year in which the member attains 71 years of age,

whichever first occurs.

Former member returns as member

(2) A former member who is entitled to an allowance under section 4, 5, 5.4, 5.5 or 5.6, whether or not he or she is in receipt of such allowance, and who again becomes a member after October 17, 2007 and before November 30 of the year in which he or she attains 71 years of age, shall have that allowance cancelled, and shall instead be entitled to an allowance based on his or her cumulative period of credited service calculated under section 5.6 and payable no sooner than is permitted under subsection (1). S.N.W.T. 1998,c.4, s.10; S.N.W.T. 2002,c.4,s.37; S.N.W.T. 2011,c.12, s.27(2),33.

(3) Repealed, S.N.W.T. 2011,c.12,s.33.

Pay out from plan

10.1.

A member who first becomes a member during the Thirteenth Legislative Assembly, or a member re- elected to the Thirteenth Legislative Assembly who first became a member during the Twelfth Legislative Assembly but had less than two years of service in the Twelfth Legislative Assembly, shall, on ceasing to be a member, be paid an amount equal to 6.5% of the member’s yearly pensionable remuneration and earnings, as calculated under the Legislative Assembly Retiring Allowances Act, beginning on the day on which the member first became a member and ending March 31, 1996, plus interest at the rate fixed by the Board of Management. S.N.W.T. 1996,c.9,Sch.C,s.13; S.N.W.T. 1998,c.31,Sch.A,s.8; S.N.W.T. 1999,c.22, s.114(3)(b).

Assignment prohibited

10.2.

(1) No right of a person under this Act is capable of being assigned, charged, anticipated, given as security or surrendered.

Assignments not included

(2) For the purposes of subsection (1), assignment does not include

(a) a division and distribution under section 10.3; or

(b) assignment by the legal representative of a deceased member or former member on the distribution of his or her estate.

S.N.W.T. 2002,c.4,s.39; S.N.W.T. 2011,c.12,s.34.

Division of Allowances

Definitions

10.3.

(1) In this section and in section 12,

"court order" means an order of the court under section 38 of the Family Law Act or a similar judgment of a court outside the Northwest Territories that is enforceable in the Territories; (ordonnance judiciaire)

"separation agreement" means a written agreement in settlement of rights arising out of a marriage or a conjugal relationship outside marriage between a member or former member and his or her former spouse, on or after the breakdown of that marriage or relationship; (accord de séparation) "share" means, with respect to a member or former member or to his or her former spouse, that person’s portion of the total pre-division benefit resulting from the division of the member or former member’s allowance under this section; (part)

"total pre-division benefit" means the benefit accrued to the member or former member under this Act immediately before the division under this section. (total des prestations avant partage)

Application

(2) This section applies with respect to the division and distribution of allowances under this Act where, as between a member or former member and his or her former spouse, a court order or separation agreement containing the prescribed information is filed with the Board of Management, and this section further applies notwithstanding any other provision of this Act unless the contrary is specifically stated, and notwithstanding any other rule of law or equity.

Entitlement subject to court order, separation agreement

(3) The entitlement of any person to an allowance under this Act is subject to rights arising under a court order or a separation agreement that has been filed with the Board of Management.

Value of total pre-division benefit

(4) The value of the total pre-division benefit and of the share of a former spouse must be calculated in the prescribed manner.

Distribution

(5) The share of a former spouse arising under this Act may be distributed under the prescribed conditions.

Satisfaction of entitlements, obligations

(6) If the full amount of the share of a former spouse arising under this Act has been distributed in accordance with subsection (5),

(a) the former spouse shall not receive any further benefit under this Act, and

(b) the Board of Management has no further obligation to the former spouse and has no liability to the member or former member, the former spouse or to any other person by reason only that the court order or separation agreement has been complied with.

Adjustment of share

(7) After a division of a member or former member’s allowance under this section, the Board of Management shall adjust the member or former member’s share in the prescribed manner and adjust its records accordingly.

Allowance payable to child

(8) Where a member or former member’s entitlement to an allowance has been divided under this section, and he or she dies, the allowance payable to a child under this Act shall be paid in the prescribed manner.

No combination of share and allowance

(9) Where a former spouse has received or is entitled to receive a share of a member or former member’s allowance under this section, no portion of such share and no right associated with that share may be combined with any allowance to which the former spouse may become entitled as a result of the former spouse being or becoming a member or as a result of a subsequent division of another member or former member’s allowance. S.N.W.T. 2011,c.12,s.35.

Payment from Consolidated Revenue Fund

S.N.W.T. 2002,c.4,s.40

Consolidated Revenue Fund

11.

An allowance, adjustment or other amount payable under this Act shall be paid out of the Consolidated Revenue Fund out of money appropriated for that purpose. S.N.W.T. 2002, c.4,s.40.

Report to Legislative Assembly

Annual report on administration

11.1.

The Board of Management shall, as soon as possible after the end of each fiscal year, lay before the Legislative Assembly a report on the administration of this Act during the preceding fiscal year and shall include in the report

(a) any report prepared during the preceding fiscal year by the actuary under subsection 2.1(5); and

(b) any other information that in the opinion of the Board of Management should be brought to the attention of the Legislative Assembly.

S.N.W.T. 2002, c.4,s.41.

Regulations

S.N.W.T. 2002,c.4,s.42

Regulations

12.

The Speaker, on the recommendation of the Board of Management, may make regulations

(a) respecting the administration of this Act and the regulations made under this Act;

(a.1) prescribing any form that may be necessary for the administration of this Act;

(a.2) respecting fees that may be charged by the Board of Management for services provided under this Act;

(b) respecting the calculation of the following:

(i) the actuarial present value of the allowances under subsection 5.3(3) and section 7.1,

(ii) the actuarial present value of the basic allowance under subsection 7(2),

(iii) the actuarial equivalent of the allowance under subsection 9(2);

(b.1) respecting the registration of members and their spouses and any changes to or deletion of a registration;

(b.2) respecting the designation of a beneficiary, and the revocation of a designation, under subsection 7.2(1);

(b.3) respecting elections that may be made by a member under subsection 5.2(2), 5.3(1) and 9(1);

(b.4) respecting the information to be provided by a member for the purpose of the administration of this Act;

(c) setting out when every allowance and adjustment must be paid and when payment to a recipient must commence and cease, and providing that, where a person receiving an allowance ceases to be entitled to the allowance, payment may be made in respect of the full month in which that person ceases to be entitled to an allowance;

(d) providing that an allowance may be paid to a person on behalf of a recipient, if the recipient is incapable of managing his or her affairs;

(e) defining the expression "full-time attendance at a school or university" for the purposes of this Act;

(f) specifying the circumstances under which attendance at a school or university is deemed to be substantially without interruption, for the purposes of this Act;

(f.1) respecting the division and distribution of allowances under section 10.3 on or after the breakdown of a marriage or conjugal relationship outside marriage, including

(i) the information required to be contained in a court order or separation agreement in respect of the division or distribution of allowances,

(ii) the calculation of the value of the total pre-division benefit,

(iii) the conditions for the distribution of the share of a former spouse,

(iv) the adjustment of a member or former member’s share after a division or distribution of allowances, and

(v) the payment of an allowance to a child on the death of a member or former member; and

(g) for any other purpose considered necessary to give effect to this Act.

S.N.W.T. 1998,c.31,Sch.A,s.9; S.N.W.T. 1999,c.22, s.114(3)(b); S.N.W.T. 2002,c.4,s.42; S.N.W.T. 2011, c.12,s.23(1),36.

13.

Repealed, S.N.W.T. 2010,c.16,Sch.B,s.28.