The Civil Service Special Supplementary Severance Benefit Act (1983)

The Civil Service Special Supplementary Severance Benefit Act (1983), C.C.S.M. c. C119 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Interpretation 3 Retirement benefit formulas 4 Selection of best six years 5 Refunds 6 Optional and integrated annuities 7 Application of principal Act 8 Additional payments by government 9 Additional payments by agencies 10 Act supersedes other Acts HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "agency" means an agency of the government as defined in the principal Act and includes any association, authority, board, commission, council, district labour union, union or other employer by whom or of whom an employee, member or officer deemed by reason of subsection 6(3) of the principal Act to be in the civil service for the purpose of the principal Act is employed or is a member, but does not include The Manitoba Government Employees Association or Locals 2034 and 435 of the International Brotherhood of Electrical Workers; (« organisme ») "agency retiree" means a person who, immediately prior to retirement during the special retirement period, was an employee employed by an agency; (« personne retraitée d'un organisme ») "allowance" means an annual superannuation allowance granted under this Act including any optional or integrated annuity that may be granted under section 6 in lieu of an annual superannuation allowance payable under subsection 3(1) and also including any superannuation adjustment payable to a person to whom an annual superannuation allowance or any optional or integrated annuity has been granted under this Act; (« allocation ») "civil service retiree" means a person who, immediately prior to retirement during the special retirement period, was an employee employed by an employer other than an agency; (« personne retraitée de la fonction publique ») "employee" means an employee as defined in the principal Act but not including a person who is employed by the Manitoba Government Employees Association or by Locals 2034 or 435 of the International Brotherhood of Electrial Workers; (« employé ») "pension" means an annual superannuation allowance granted under the principal Act to a person and includes any optional or integrated annuity granted under the principal Act in lieu of an annual superannuation allowance to which a person may be entitled under the principal Act and also includes any superannuation adjustment payable under the principal Act in respect of a pension; (« pension ») "principal Act" means The Civil Service Superannuation Act ; (« loi principale ») "service" means the period that would be used as the service of an employee for the purpose of calculating a pension of the employee under the principal Act; (« service ») "special civil servant" means a person employed on February 28th, 1983, by the government under The Civil Service Act as it read immediately before it was repealed but who, during any period of continuous employment prior to that date, contributed to the Teachers' Retirement Allowances Fund in lieu of contributing to the Civil Service Superannuation Fund; (« fonctionnaire spécial ») "special retiree" means a person who, immediately prior to retirement during the special retirement period, was a special civil servant; (« retraité spécial ») "special retirement period" means the period beginning on and including March 1, 1983 and ending on and including June 30, 1983. (« période spéciale de retraite ») S.M. 2021, c. 11, s. 71 . Interpretation based on principal Act 2(1) Except as provided in section 1, words and expressions used in this Act have the same meaning as they have in the principal Act. Retirement as of Feb. 28, 1983 2(2) A person who retired from employment as an employee or a special civil servant as of February 28, 1983, shall be deemed to have been an employee or special civil servant on February 28, 1983 and to have retired during the special retirement period. Retirement during special retirement period 3(1) Every person who (a) was on February 28, 1983 an employee; (b) has accumulated two years of service; (c) has reached the age of 55 years; and (d) retires during the special retirement period from employment as an employee; shall be granted an annual superannuation allowance to be calculated in accordance with the following formula: FORMULA Annual Superannuation Allowance = (.02 x A x S) - (.006 x B x T) In this formula A is the average annual salary during six years of the person's service or during the person's service if it does not total six years. B is the average annual Canada pensionable earnings received by the person during the six years used for the purpose of determining the value of A for the person or during the person's service if it does not total six years. S is the number of years of the person's service including parts of years expressed in decimals to three or four decimal places. T is the number of years of the person's service after December 31, 1965, including parts of years expressed to three or four decimal places. Retirement of special civil servant 3(2) Every person who, (a) was on February 28, 1983 a special civil servant; (b) has been employed in aggregate for two or more years as a special civil servant or an employee; (c) has reached the age of 55 years; and (d) retires during the special retirement period from employment as a special civil servant or an employee; shall be granted an annual superannuation allowance to be calculated in accordance with the following formula: FORMULA Annual Superannuation Allowance = A - B In this formula: A is the superannuation allowance that would have been granted to the person under subsection (1) if the person had, during the period he was a special civil servant, been an employee and had qualified for a superannuation allowance under subsection (1) and whose service for the purposes of calculating that superannuation allowance was the period during which he had been employed as a special civil servant. B is the superannuation allowance that would have been granted to the person under the principal Act if the person had, during the period he was a special civil servant, been an employee under the principal Act and had qualified for a superannuation allowance under the principal Act and whose service for the purpose of calculating that superannuation allowance was the period during which he had been employed as a special civil servant. Limitation on application of subs. (1) and (2) 3(3) A person who has, during the special retirement period, been dismissed for cause from employment as an employee or a special civil servant shall be deemed not to have retired during the special retirement period. Application of both sub. (1) and (2) 3(4) For the purposes of this Act, a person may be both an employee for the purposes of subsection (1) and a special civil servant for the purposes of subsection (2), but a person shall not be granted an allowance under subsection (1) for or in respect of any period of employment during which he was a special civil servant and shall not be granted an allowance under subsection (2) for or in respect of any period during which the person was not a special civil servant. Selection of best six years 4 Subsection 26(1.1) of the principal Act applies with such modifications as the circumstances require for the purpose of determining the six years of service used for the calculation under section 3 of an allowance payable to a person. Refund not payable to employee 5(1) Notwithstanding the principal Act, where a person is granted an allowance under this Act, he is not entitled to a refund of contributions under the principal Act or to an annual superannuation allowance calculated under subsection 26(1) of the principal Act. Refunds payable to government 5(2) Where a civil service retiree is granted an allowance on the basis of retirement on a date in the special retirement period after accumulating less than five years service and before attaining the age of 65 years, the Board shall pay from the fund to the government as general revenue of the government a sum equal to the amount of the refund to which the civil service retiree would have been entitled under the provisions of the principal Act if he had ceased to be an employee on that date and this Act had not been enacted. Refunds payable to agencies 5(3) Where an agency retiree is granted an allowance on the basis of retirement on a date in the special retirement period after accumulating less than five years service and before attaining the age of 65 years, the Board shall pay from the fund to the agency as revenue of the agency a sum equal to the amount of the refund to which the agency retiree would have been entitled under the provisions of the principal Act if he had ceased to be an employee on that date and this Act had not been enacted. Optional and integrated annuities 6 In lieu of an annual superannuation allowance payable under subsection 3(1), a person to whom an allowance may be paid under section 3 may be granted an allowance of a kind that may be granted to a person under section 30 of the principal Act. Application of principal Act 7 Except (a) for the calculation of the annual superannuation allowance in accordance with section 3; and (b) for the eligibility of a person to be granted an annual superannuation allowance under section 3; the principal Act and every provision thereof apply to and in respect of allowances payable under this Act in every way as though the allowances were pensions, and where an allowance is payable to a person under this Act it shall be deemed for the purposes of the principal Act to be a pension payable under the principal Act. Additional payments by government 8 In addition to payments and contributions required to be made under the principal Act to the fund by the Minister of Finance, the Minister of Finance from and out of the Consolidated Fund, with moneys authorized under an Act of the Legislature to be so paid and applied, shall pay to the fund (a) in respect of the allowance paid to each civil service retiree who has been granted an allowance on the basis of retirement on a date within the special retirement period after accumulating more than 10 years service, or after attaining the age of 65 years, on or before the last day of each month, an amount equal to 1/2 the difference between the allowance paid to the civil service retiree in that month and the pension that would have been payable to the civil service retiree in the month if the civil service retiree had retired on the same date and had been granted a pension under the principal Act exercising the same options under section 30 of the principal Act as he excercised in respect of the allowance; (b) in respect of the allowance paid to each civil service retiree who is granted an allowance on the basis of retirement on a date within the special retirement period, after accumulating less than five years service, and before attaining the age of 65 years, on or before the last day of each month, an amount equal to 1/2 of the allowance paid to the civil service retiree in that month; (c) in respect of the allowance paid to each civil service retiree who is granted an allowance on the basis of retirement on a date within the special retirement period after accumulating five or more years service but less that 10 years service and before attaining the age of 65 years, (i) on or before the last day of each month to and including the month in which the civil service retiree reaches the age of 65 years, an amount equal to 1/2 of the allowance payable to the civil service retiree in that month, and (ii) on or before the last day of each month after the month in which the civil service retiree reaches the age of 65 years, an amount equal to 1/2 the difference between the allowance payable to the civil service retiree in that month and the pension that would have been payable to the civil service retiree in that month if the civil service retiree had retired on the same date and had been granted a pension under the principal Act exercising the same options under section 30 of the principal Act as he exercised in respect of the allowance; (d) in respect of the allowance paid to each special retiree who is granted an allowance on the basis of retirement on a date within the special retirement period, on or before the last day of each month, an amount equal to 1/2 of the allowance payable to the special retiree in that month; (e) on or before December 31, in each year the cost incurred in that year by the board (i) in providing additional administrative, informational and counselling services to employees as a consequence of the program of special retirement benefits available under this Act, (ii) in developing or acquiring additional computer programs to administer this Act, and (iii) for services of the actuary required in the administration of this Act. Additional payments by agencies 9 In addition to payments and contributions required to be made under the principal Act to the fund by that agency, each agency shall pay to the fund (a) in respect of the allowance paid to each agency retiree who has been granted an allowance on the basis of retirement from the agency on a date within the special retirement period after accumulating more than 10 years service, or after attaining the age of 65 years, on or before the last day of each month, an amount equal to 1/2 the difference between the allowance paid to the agency retiree in that month and the pension that would have been payable to the agency retiree in that month if the agency retiree had retired on the same date and had been granted a pension under the principal Act exercising the same options under section 30 of the principal Act as he excercised in respect of the allowance; (b) in respect of the allowance paid to each agency retiree who is granted an allowance on the basis of retirement from the agency on a date in the special retirement period, after accumulating less than five years service and before attaining the age of 65 years, on or before the last day of each month, an amount equal to 1/2 of the allowance paid to the agency retiree in that month; (c) in respect of the allowance paid to each agency retiree who is granted an allowance on the basis of retirement on a date within the special retirement period after accumulating five or more years service but less that 10 years service and before attaining the age of 65 years, (i) on or before the last day of each month to and including the month in which the agency retiree reaches the age of 65 years, an amount equal to 1/2 of the allowance payable to the agency retiree in that month, and (ii) on or before the last day of each month after the month in which the agency retiree reaches the age of 65 years, an amount equal to 1/2 the difference between the allowance payable to the agency retiree in that month and the pension that would have been payable to the agency retiree in that month if the agency retiree had retired on the same date and had been granted a pension under the principal Act exercising the same options under section 30 of the principal Act as he exercised in respect of the allowance. Act supersedes other Acts 10 This Act shall be construed and administered as though The Pension Benefits Act and The Human Rights Act had not been enacted and where any provision or requirement of this Act is inconsistent with or differs from any provision or requirement of The Pension Benefits Act or The Human Rights Act , the provision or requirement of this Act supersedes the provision or requirement of the other Act.