The Civil Service Superannuation Act

The Civil Service Superannuation Act, C.C.S.M. c. C120 bilingual version (HTML) Table of Contents Section PART 1 REGISTERED PENSION PLAN 1 Definitions 1.1 Judicial compensation requirements prevail 2 Determining length of service 3 Common-law relationships 4 Crown bound 5 Civil Service Superannuation Board 5.1 Administration in accordance with Income Tax Act 6 Employment of professional personnel; application of Act to employees 7 Fund continued 8 Board as trustee of fund 9 Investment of fund 10 Investment committee 10.1 Liaison and Advisory Committees 11 Banking, borrowing and accounting 12 Accounts and composition of fund 13 Superannuation adjustment account 14 Actuarial report 15 Payments from fund and administrative costs 16 Fees for actuarial expenses 17 Employee contributions 17.1 Correctional officers' contributions 18 Contributions compulsory 19 Repealed 20 Return to civil service 20.1 Employee purchase of other service 21 Leave of absence 21.1 Maternity leave and parental leave 21.2 Seasonal employees 21.3 Reduced hours in last 5 years 21.4 Employer to verify 21.5 Employees eligible to purchase service 21.6 No cost to employer 21.7 Purchase of service by reservist 22 Government payments to fund 23 Repealed 24 Accrued liability of government 25 Repealed 26 Calculation of allowance 27 Repealed 28 Superannuation allowance 28.1 Additional temporary allowance 29 Optional annuity 29.1 Default if no election made 29.2 Election to integrate with CPP pension 29.3 Election to integrate with OAS allowance 30 Joint pension entitlement of spouse or common-law partner 31 Long term disability benefits 32 Repealed 33 Superannuation adjustments 34 Increase in deferred allowance 35 Determining length of service 36 Continuity of service 37-38 Repealed 39 Workers Compensation Act 40 Payment of allowances and annuities 41 Repayment 42 Entitlement to deferred pension; transfer or withdrawal 43 Contribution over 50% of commuted value 44 Division of pension benefit credit 45 Pre-retirement death benefit 46 Repealed 47 No repayment in certain cases 48 Deduction of insurance premiums 49 Mentally incapable annuitant 50 Interest on payments 51 Suspension of payments 52 Transferred employees 53 Reciprocating Manitoba employers 53.1 Reciprocating employer arrangements 54 Renumbered as section 68 55 Information required 56 Application to board 57 Regulations 58 Charge on Consolidated Fund 59-60 Repealed 61 Minister to administer Act and receive annual report 62 Civil Service Commission information 63 Application to include prior service 64 Money purchase account 64.1 Liability where commuted value transferred 65 Renumbered as section 69 66 Repealed 66.1 Sub-accounts for government and agencies 67 Repealed 67.1 Enhanced benefits re Manitoba Hydro employees 67.2 Regulations 67.3 No cost to government 67.4 Pension Benefits Act not to apply 67.5 Separate account for contributions 67.6 Phased retirement PART 2 OTHER 68 Special payments 69 Long term disability benefits HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 REGISTERED PENSION PLAN Definitions 1(1) In this Act, "agency of the government" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which (a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or (b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; (« organisme gouvernemental ») "annual salary rate" means an employee's basic hourly or daily or bi-weekly rate of pay, as the case may be, multiplied by the number of basic hours or days or bi-weekly periods in one year of continuous employment, but this amount shall not be less than the employee's salary during the immediately preceding 12 months of his employment; (« taux annuel de rémunération ») "board" means The Civil Service Superannuation Board appointed under this Act; (« Régie ») "Canada pensionable earnings" means for each calendar year after 1965 in which an employee has service, the salary of the employee for that year, or the maximum pensionable earnings for that year as determined under the Canada Pension Plan, whichever is the lesser; (« gains admissibles au Régime de pensions du Canada ») "civil service" or "service" means the core public service as that term is defined in The Public Service Act and any member, officer or employee of an agency of the government classified or designated under clause 2(1)⁠(b) or deemed to be in the civil service under subsection 6(3); (« fonction publique ») "common-law partner" of a person means (a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act , or (b) another person who, not being married to the person, cohabited with him or her in a conjugal relationship (i) for a period of at least three years, if either of them is married, or (ii) for a period of at least one year, if neither of them is married, as shown by written evidence satisfactory to the board; (« conjoint de fait ») "common-law relationship" means the relationship between two persons who are common-law partners of each other; (« union de fait ») "commuted value" means the present value of an accrued future benefit provided under this Act determined in accordance with subsection 1(8); (« valeur commuée ») "continuous employment" includes a period of employment before and after a temporary suspension of employment that is unbroken except for the temporary suspension of employment; (« emploi continu ») "correctional officer" means an employee of the government under The Public Service Act who is part of the Corrections Component of the Government Employees' Master Agreement; (« agent de correction ») "deferred member" means a former employee who is entitled to a pension under this Act that has not yet commenced; (« participant ayant droit à une pension différée ») "employee" means, subject to subsection 2(1) and to subsection 6(3), (a) any person who, on June 30, 1960, was an employee within the meaning of this Act, and (b) any person who, on or after July 1, 1960, is or became an employee within the meaning of The Civil Service Act as it read immediately before its repeal, (b.1) any person who, on or after the coming into force of section 17 of The Public Service Act , is or becomes a core public service employee under that Act, (b.2) any person who, on or after the coming into force of section 59 of The Public Service Act , is or becomes an employee of the government under that section, and (c) any person who is employed with the government in seasonal employment or as a term employee and who has given notice under subsection 2(4), or is deemed to be an employee under subsection 2(5) or 2(6), or who was an employee within the meaning of this Act immediately before becoming employed with the government in seasonal employment or as a term employee, but, subject to clause (a), to subsection 2(1), and to subsection 6(3), does not include (d) any person who is a member or employee of an agency of the government, (e) a term employee of the government to whom clause (c) does not apply or a casual employee, (f) any person employed in seasonal employment with the government to whom clause (c) does not apply, (g) a person who is a student on a substantially full-time basis who prior to the date on which he would be or be deemed to be an employee within the meaning of this Act, satisfies the employer that he is a student on a substantially full-time basis and notifies the employer that he does not wish to become an employee within the meaning of this Act, (h) a person who is a member of a religious group which has as one of its articles of faith the belief that members of the group are precluded from being members of a pension plan of the kind established under this Act and who, prior to the date on which he would be or be deemed to be an employee within the meaning of this Act satisfies the employer that he is a member of such a religious group and notifies the employer that he does not wish to become an employee within the meaning of this Act because of that other membership in the religious group, (i) [repealed] S.M. 2021, c. 11, s. 72 , (j) a teacher within the meaning of The Teachers' Pensions Act , (k) any person who, having been an employee, has ceased to be such by reason of his retirement, or his leaving the service, or otherwise, (l) a person who is in receipt of a pension under this Act in respect of his or her employment, (m) a person employed by the government under a collective agreement under which the government is required to make contributions to a retirement savings or benefit plan that is not provided for in or under this Act; (« employé ») "fund" means The Civil Service Superannuation Fund constituted under this Act; (« caisse ») "investment committee" means The Civil Service Superannuation Fund Investment Committee for which provision is made in section 10; (« Comité des placements ») "maximum retirement age" of a person means his or her age at the time at which, under the Income Tax Regulations (Canada), the person must cease to accumulate service under this Act and the person's pension under this Act must commence to be paid to the person; (« âge maximal de la retraite ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "minister's secretary" means a secretary of a minister of the Crown; (« secrétaire de ministre ») "money purchase account" means an account established in the accounts of the board in accordance with section 64; (« compte à cotisation déterminée ») "normal retirement age" means 65 years of age; (« âge normal de la retraite ») "optional annuity" means one of the annual superannuation allowances for which provision is made in subsection 29(1); (« rente facultative ») "pension" , when referring to a pension under this Act, means a superannuation allowance or an annuity payable under this Act; (« pension ») "pension benefit" means the aggregate monthly or other periodic payments of superannuation allowance to which an employee is or may become entitled under this Act upon retirement or to which any other person is entitled under this Act by virtue of the death of the employee after his retirement; (« prestation de pension ») "pension benefit credit" means the value at a particular time of the pension benefits and any other benefits provided under this Act to which the employee has become entitled as of that time; (« crédit de prestation de pension ») "person employed full time" means a person who, in whatever category or classification his employment was placed, was employed in a capacity in which he devoted at least half of his working time to the service of the government or agency of the government, but does not include a person excepted from the definition of "civil service" by subsection 1(1) of The Civil Service Act as it read immediately before its repeal; (« employé à plein temps ») "recognized Canadian scheme" means any plan or scheme established to provide pension, superannuation or disability benefits, or any of them, for and in respect of employees (a) of the Government of Canada, or (b) of the government of a province or territory of Canada, or (c) of an agency of the Government of Canada, or (d) of an agency of the government of a province or territory of Canada, or (e) of a municipality in Canada, or (f) of a school division, school district or school area in Canada, or (g) of an educational institution in Canada, or (h) of a hospital or associated health facility in Canada, or any of them and under which the employees make contributions towards the funding of the plan or scheme; (« régime canadien agréé ») "salary" means salary determined in accordance with subsections (4) and (5); (« traitement ») "temporary suspension of employment" means (a) a period ending after May 30, 2010, not exceeding 54 consecutive weeks during which a person who immediately before the period was employed by an employer is not performing duties as an employee of the employer and after the expiry of which the person is again employed by the employer, except where an actual termination of the employment of the person has occurred, and includes any leaves of absence authorized by the employer or required by law to be granted which do not extend the period to more than 54 consecutive weeks, (a.1) a period ending after December 31, 1983, and before May 31, 2010, not exceeding 52 consecutive weeks during which a person who immediately before the period was employed by an employer is not performing duties as an employee of the employer and after the expiry of which the person is again employed by the employer, except where an actual termination of the employment of the person has occurred, and includes any leaves of absence authorized by the employer or required by law to be granted which do not extend the period to more than 52 consecutive weeks, and (b) a period ending before January 1, 1984, not exceeding 30 days during which a person who immediately before the period was employed by an employer as an employee and the person is again employed by the employer except where an actual termination of employment of the person has occurred; (« suspension temporaire d'emploi ») "transferred employee" means an employee who has been designated as a transferred employee in an order of the Lieutenant Governor in Council made pursuant to section 52. (« employé réaffecté ») Words in The Public Service Act 1(2) Words and expressions used in this Act, other than those defined in this Act, have, for the purposes of this Act, the meanings assigned to them under The Public Service Act . Surviving common-law partner 1(3) For the purposes of this Act, a person is the surviving common-law partner of a deceased person only if, immediately before the deceased's death, they were in a common-law relationship with each other and were not living separate and apart by reason of a breakdown of that relationship. What "salary" includes 1(4) Subject to subsection (5), for the purpose of this Act, an employee's salary includes (a) wages; (b) living expenses or allowances received in cash where they form part of the remuneration of the employee; (c) any meals, food, living quarters, garage space, fuel, light, domestic or telephone service or similar emolument supplied, where they form part of the remuneration of the employee; and (d) vacation pay and any amount paid on termination of employment in respect of accrued vacations; that are paid or supplied to the employee by the employer, and any other remuneration designated as salary by a regulation made by the board and approved by the Lieutenant Governor in Council. What "salary" does not include 1(5) For the purpose of this Act, an employee's salary does not include (a) any fees or allowance or payment for overtime; (b) any other extra allowance or gratuity; (c) severance pay; (d) any amount paid instead of vacations to an employee who is not terminating his or her employment; (e) the employer's contributions to any Manitoba Health Services Insurance Plan or group insurance premium; (f) any retroactive salary paid to an employee who has resigned, died or been dismissed unless (i) the employee is entitled to an allowance under this Act, (ii) the employee's spouse or common-law partner is entitled to an allowance or annuity under this Act, or (iii) the employee has resigned and remains a deferred member or has transferred funds under a reciprocal agreement; or (g) any other remuneration designated not to be salary by a regulation made by the board and approved by the Lieutenant Governor in Council. Determination of interest payable 1(6) Except as otherwise provided in this Act, "interest" means interest as determined by the board, after consulting with its actuary, in accordance with any applicable provisions of The Pension Benefits Act or the regulations under that Act. Limitation re interest payable 1(7) Despite section 3 and any other provision of The Pension Benefits Act or the regulations under that Act, if (a) the amount of a monthly allowance or annuity payable under this Act is finally determined within six months after the commencement date for that allowance or annuity; (b) the board estimated the amount payable as soon as practicable after determining the recipient's eligibility for the allowance or annuity, and made monthly payments based on its estimate; and (c) within 30 days after determining the monthly amount payable, paid the amount, if any, by which the total of the amounts payable to date exceeds the total of the amounts paid; no interest is payable on the difference described in clause (c). Determination of commuted value 1(8) Despite The Pension Benefits Act , any commuted value must be determined by the board's actuary using the going concern valuation method set out in subsection 3570 of the Practice-Specific Standards for Pension Plans , as amended from time to time, published by the Actuarial Standards Board of the Canadian Institute of Actuaries. S.M. 1989-90, c. 59, s. 2 ; S.M. 1989-90, c. 91, s. 11 ; S.M. 1990-91, c. 4, s. 2 ; S.M. 1992, c. 57, s. 2 ; S.M. 1996, c. 55, s. 3 ; S.M. 1998, c. 45, s. 1 ; S.M. 2001, c. 37, s. 1 ; S.M. 2002, c. 48, s. 2 ; S.M. 2009, c. 30, s. 2 ; S.M. 2011, c. 34, s. 2 ; S.M. 2020, c. 16, s. 2 ; S.M. 2021, c. 11, s. 72 ; S.M. 2024, c. 35, s. 69 . Judicial compensation requirements prevail 1.1 Except for the requirement to administer this Act in accordance with the Income Tax Act (Canada), if a requirement of this Act or the regulations conflicts with a requirement under section 11.1 of The Provincial Court Act to implement the recommendation of a Judicial Compensation Committee, the requirement of that Act prevails to the extent of the inconsistency. S.M. 2020, c. 16, s. 3 . Power to extend meaning 2(1) The Lieutenant Governor in Council may (a) classify or designate any officers of, or persons employed by, the government not within the definition of "employee" in this Act as within that definition for the purposes of the Act; but the officers or employees so classified or designated shall only be deemed to have become employees from the date of the order for the purposes of this Act; (b) classify or designate any or all of the members, officers, and employees of an agency of the government as within the definition of "employee" for the purposes of this Act; (c) classify or designate any officers or employees who are within the definition of "employee" as not being within that definition for the purposes of this Act. Retroactive classification 2(2) Any classification or designation made under clause (1)⁠(b) or (c) may be made effective before the date on which the classification or designation is made but not more than one year before the date on which the classification or designation is made. 2(3) [Repealed] S.M. 1989-90, c. 91, s. 11. Inclusion of part-time employees 2(4) A person who is employed in seasonal, part-time or temporary employment, or is a term employee with the government or with an employer to the employees of which this Act applies, may, at any time after becoming so employed give written notice to the board and to the government or other employer as the case requires, that he desires to be an employee within the meaning of this Act and, upon giving such notice, he becomes an employee within the meaning of this Act on the first day of the first pay period in the second month after the month in which the notice is given, or on the first day of any subsequent pay period specified in the notice. Becoming employee after two years 2(5) A person who has been employed in seasonal, part-time or temporary employment or is a term employee with the government or with an employer to the employees of which this Act applies, during two consecutive calendar years after 1983 in each of which the person has earned from that employment not less than 1/4 of the maximum pensionable earnings as determined under the Canada Pension Plan for that year, shall be conclusively deemed to have become an employee within the meaning of this Act on the first day of the first pay period commencing in the first month after the month in the second year in which their earnings exceed 1/4 of the maximum pensionable earnings for that second year. Term employee becoming an employee 2(6) A term employee who has completed one year of continuous term employment with the government or an employer to the employees of which the Act applies and to whom subsection (5) does not apply, shall be conclusively deemed to have become an employee within the meaning of this Act on the first day of the pay period following the completion of the year of continuous term employment. Provisions re part-time employment 2(7) For the purposes of this Act, a person employed in seasonal, part-time or temporary employment with the government or an agency of the government to the employees of which this Act applies, shall accumulate service in that employment in any year in accordance with the following formula but in any case not more than one year of service for any year: T = H/U In this formula, T is the portion of a calendar year, not exceeding one year, of service or of salaried employment accumulated for the person in that calendar year; H is, in the case of a person employed at an hourly rate, the number of hours, not including overtime, for which the person was paid in that calendar year and, in the case of a person employed at a daily, weekly or monthly rate, the number of days, not including overtime, for which the person was paid in that calendar year; and U is, in the case of a person employed at an hourly rate, the number of hours, not including overtime, in that calendar year for which a full-time permanent employee in similar employment was paid and, in the case of a person employed at a daily, weekly or monthly rate, the number of days, not including overtime, in that calendar year for which a full-time permanent employee employed in similar employment was paid. Notice of date 2(8) Where, pursuant to an order in council passed under clause (1)⁠(b) or subsection 6(3) before or after the coming into force of this subsection, a person employed by or under a board, commission, association, or corporation to which that clause or that subsection applies becomes an employee under this Act, that board, commission, association, or corporation shall forthwith notify the board of the date upon which that person so becomes an employee. 2(9) to (11) [Repealed] S.M. 2020, c. 16, s. 4 . Reduced work week program 2(12) Notwithstanding any days of leave without pay that an employee must take by virtue of a reduced work week program established by the government or an agency of the government pursuant to an Act, collective agreement or other lawful arrangement, the employee accumulates pensionable service and earnings under this Act as though those days were normal working days. 2(13) [Repealed] S.M. 2020, c. 16, s. 4 . S.M. 1989-90, c. 91, s. 11 ; S.M. 1990-91, c. 4, s. 2 ; S.M. 1996, c. 55, s. 4 ; S.M. 2020, c. 16, s. 4 . Period of common-law relationship 3(1) For the purposes of section 44 of this Act and of any division of the pension benefit credit of a person under subsection 31(2) of The Pension Benefits Act , the period during which an employee shall be considered a party to a common-law relationship shall be determined in accordance with that Act and the regulations under that Act. Payment where not notified of common-law relationship 3(2) If, not having received written notice of a common-law relationship between a member and a surviving common-law partner of the member, the board pays out an amount under this Act by reason of the member's death as though the member were not survived by the common-law partner, the board is not liable in any way for not having made the payment to the common-law partner. S.M. 1992, c. 57, s. 3 ; S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 3 . Crown bound 4 This Act binds the Crown. S.M. 2020, c. 16, s. 5 . Superannuation board 5(1) The Act shall be administered by a board which shall be known as: "The Civil Service Superannuation Board", and consists of nine members of whom four shall be representatives of the employees. Corporate status of board 5(2) The members of the board are a body corporate and, in addition to the name "The Civil Service Superannuation Board" may use the name "Superannuation Investments Corporation" for purposes of holding property and investments in which money is invested under section 9. Corporations Act not to apply 5(3) The Corporations Act does not apply to the board. Capacity of natural person 5(4) The board has the capacity and, subject to this Act, all the rights, powers and privileges, of a natural person. Appointment of employee representatives 5(5) The Liaison Committee as defined in section 10.1 must appoint four members to the board to represent employees or groups of employees (referred to in this section as "employee representatives"). Representation of pensioners and Manitoba Hydro employees 5(5.1) Of the four employee representatives, (a) one person must be a former employee receiving a pension; and (b) one person, who may be the same person qualifying for appointment under clause (a), must represent the interests of the employees and former employees of Manitoba Hydro. Term of employee representative 5(5.2) An employee representative must be appointed for a term of no more than four years, and no employee representative may serve more than ten consecutive years. Terms to be staggered 5(5.3) When appointing an employee representative and establishing the person's term, the Liaison Committee is to have regard for the need to ensure that the terms of no more than two employee representatives expire in the same year. Appointment continues 5(5.4) An employee representative continues to hold office until the Liaison Committee re-appoints the person, revokes the appointment or appoints a successor. Appointment of employer representatives 5(6) The Lieutenant Governor in Council shall appoint the five members of the board representing employers and shall designate one of the members so appointed as chairperson of the board, and the members so appointed shall hold office for such term as may be fixed by the Lieutenant Governor in Council and shall continue to hold office thereafter until their successors are appointed. Remuneration of members 5(7) Those members of the board, including the chairperson, who are not employees of the government or of an agency of the government, or of another employer whose employees are contributing to the fund, shall be paid such remuneration for their services to the board as the Lieutenant Governor in Council may prescribe. Expenses of members 5(8) The members of the board, including the chairperson, may be reimbursed for such out-of-pocket expenses as they may actually incur in attending meetings of the board or otherwise in the discharge of their duties under this Act. Regulations as to procedure 5(9) The board, with the approval of the Lieutenant Governor in Council, may make regulations providing for the regulation and conduct of its meetings and proceedings, including the fixing of the quorum necessary for the transaction of business and the appointment from among its own members of such committees as it may deem necessary, and conferring upon any such committee power and authority to act for the board in and in relation to such matters as the board may deem expedient. Power of board to extend time limits 5(10) Where any person fails to meet any time limit set out in this Act for doing any act or thing required to be done under this Act to obtain a benefit under this Act, and the board is satisfied that the failure is due wholly or in a material way to any act, omission, or failure of the employer or employing authority of the person or of an employee of the board, the board may extend the time for doing the act or thing. Board may administer other plans 5(11) The board may enter into an agreement to administer a pension or other benefit plan for some or all of the employees of any employer, and may do all things necessary to carry out its obligations under the agreement. Board may invest funds for others 5(12) The board may enter into an agreement to invest funds for a pension or other benefit plan or for the government, a government agency or any other organization, and may do all things necessary to carry out its obligations under the agreement. S.M. 1989-90, c. 59, s. 3 ; S.M. 1996, c. 55, s. 5 ; S.M. 2000, c. 50, s. 2 ; S.M. 2020, c. 16, s. 6 . Administration in accordance with Income Tax Act 5.1 This Act shall be administered in accordance with the Income Tax Act (Canada) and, where there is a conflict between this Act and the Income Tax Act (Canada), the Income Tax Act (Canada) shall prevail. S.M. 1996, c. 55, s. 6 . Appointment of professional personnel 6(1) The board may appoint an actuary and such other professional advisors as it deems necessary for the administration of this Act and shall fix their remuneration. 6(1.1) [Repealed] S.M. 2000, c. 50, s. 3 . Employment of staff 6(1.2) The board may employ such additional personnel, other than the personnel appointed under subsection (1), as it deems necessary for the administration of this Act. Compensation 6(1.3) The board may determine the compensation for persons it employs under subsection (1.2) and may establish job classifications for that purpose. Employment of actuary 6(2) The minister responsible for the administration of this Act may employ an actuary for the purpose of making such reports and valuations as the minister may require; and the Minister of Finance shall, from and out of the Consolidated Fund, pay to the actuary such fees or other remuneration as the minister responsible for the administration of this Act may approve. Application of Act to certain employees 6(3) If the Lieutenant Governor in Council so directs and subject to the provisions of this Act, the following persons shall be deemed to be in the civil service for all purposes of this Act (a) employees of the board; (b) employees of The Teachers' Retirement Allowances Fund; (c) employees of The Manitoba Research Council; (d) employees of The Manitoba Government Employees' Association; (e) any employee of The National Union of Provincial Government Employees specifically designated by the Lieutenant Governor in Council; (f) any member, officer or employee of a marketing commission or producer board established under The Farm Products Marketing Act ; (g) any resident administrator of a local government district; (h) any employee under this Act who is on leave of absence from an employer under this Act to serve in an official position to which the employee has been elected or appointed in a labour union, or in an employees' organization, to represent exclusively employees of the government or agencies of the government; (i) any secretary, treasurer or secretary-treasurer of a watershed district under The Watershed Districts Act ; (j) employees of the Manitoba Water Services Board; (k) employees of a housing authority under The Housing and Renewal Corporation Act ; (l) any employee of a labour union which is the bargaining agent for a bargaining unit comprised of persons who are employees to whom this Act applies and whose duties consist primarily in representing that bargaining unit; (m) employees of the Province of Manitoba Human Resources Opportunity Centres; (n) employees of an agency of the government; (o) some or all of the employees of any other employer. Employees under clause (3)⁠(m) 6(4) This Act, except subsection 63(2), applies to employees mentioned in clause (3)⁠(m) only on, from and after October 10, 1986. Designation of employers 6(4.1) The Lieutenant Governor in Council may, by regulation, designate an employer as a pre-funding employer for the purpose of subsection (5) in respect of any or all of the employees of that employer. The designation may be retroactive to a date no earlier than one year before the designation is made. Contributions to fund by pre-funding employers 6(5) In each period during which an employee contributes to the fund by way of a deduction from salary, wages or other remuneration, the employer must contribute to the fund the amount determined under subsection (5.2) if (a) the employee (i) is making the contributions as a person who is deemed by subsection (3) to be a member of the civil service, and (ii) is not a person referred to in clause (3)⁠(b); or (b) the employer is designated under subsection (4.1) as a pre-funding employer in respect of that employee or the class of employees to which that employee belongs. Exemption from other provisions 6(5.1) An employer who makes pre-funding contributions in respect of an employee in accordance with subsection (5) is not required to make contributions under subsection 22(2) in respect of that employee for the period during which the pre-funding contributions were made. Pre-funding amount 6(5.2) For the purpose of subsection (5), the amount the employer must contribute in respect of an employee for a period is the amount of the employee's contribution for the period less 0.9% of the employee's Canada pensionable earnings for the period. Payment of actuarial liability 6(5.3) The Lieutenant Governor in Council may permit an employer who was not required to make pre-funding contributions in respect of its employees during a prior period to pay to the board the amount calculated by the board's actuary as representing the actuarial liability for the employer's share of benefits in respect of service during that period. Employer deemed to have made pre-funding contributions 6(5.4) An employer who makes a payment under subsection (5.3) in respect of a prior period is deemed for the purpose of subsection (5.1) to have made pre-funding contributions in respect of its employees for that period. Payments an administrative expense 6(6) Payments made by the board under subsection 22(2) shall be charged as an expense of the board in the administration of this Act. Prior non-contributory employment 6(7) Where an employee under subsection (5) applies under section 63 to have prior non-contributory, full-time, continuous employment or a portion thereof included in computing his service and agrees to pay to the fund the amount payable under section 63, if the employee had that employment with an employer under subsection (5), that employer shall contribute to the fund an amount equal to the amount contributed to the fund by the employee in respect of his employment with that employer. 6(8) [Repealed] S.M. 2020, c. 16, s. 7 . S.M. 1989-90, c. 59, s. 4 to 6; S.M. 1989-90, c. 91, s. 11 ; S.M. 2000, c. 50, s. 3 ; S.M. 2001, c. 16, s. 38 ; S.M. 2009, c. 30, s. 3 ; S.M. 2011, c. 34, s. 4 ; S.M. 2014, c. 35, s. 73 ; S.M. 2018, c. 6, s. 39 ; S.M. 2020, c. 16, s. 7 . Fund continued 7 The fund known as "The Civil Service Superannuation Fund" is hereby continued. Board as trustee of fund 8(1) The board is the trustee of the fund. Safekeeping of fund 8(2) The board may deliver the securities in which the fund is invested to the Minister of Finance for safekeeping. Investment of fund 9(1) Moneys in the fund, less such amount as the board may deem necessary to meet the payment of current superannuation allowances, withdrawals, costs, and expenses shall be invested in accordance with the directions of the investment committee by the board. Permissible investments 9(2) Moneys in the fund may be invested in any investments that are permissible under The Pension Benefits Act . 9(3) [Repealed] S.M. 2020, c. 16, s. 8 . Disposal of investments 9(4) The board may sell any stock, bonds, debentures or other securities of the fund on the direction of the investment committee and the proceeds of any sale shall be dealt with in the same manner as if the money had not been invested. Joint investments 9(5) Any investment authorized under subsection (2) may be made either alone or jointly with any insurance, loan or trust company transacting business in Canada, or any pension fund in Canada. Trustee Act investments 9(6) Notwithstanding subsection (2), and notwithstanding The Pension Benefits Act and the regulations made thereunder, moneys in the fund may be invested or loaned in any investments or on any security in or on which a trustee is authorized under The Trustee Act to invest or loan trust moneys. S.M. 1994, c. 20, s. 2 ; S.M. 2020, c. 16, s. 8 . Investment committee 10(1) The Civil Service Superannuation Fund Investment Committee is continued. Membership of investment committee 10(2) The investment committee consists of (a) subject to subsections (2.1) and (2.2), a chairperson who shall be appointed by the minister, for a term not to exceed five years, from a list of names submitted by the board; (b) the chairperson of the board; (c) the Deputy Minister of Finance; (d) a person appointed from among their number by the members of the board representing employees; (e) the general manager of the fund; and (f) subject to subsection (2.3), at least two but not more than four persons appointed by the board on the recommendation of the members of the investment committee appointed under clauses (a) to (e). Chairperson of both investment committee and board 10(2.1) The chairperson of the investment committee may also be the chairperson of the board. Investment experience: chairperson 10(2.2) The names submitted to the minister under clause (2)⁠(a) shall be selected by the board on the basis of investment experience and competence. Investment experience: clause (2)⁠(f) appointees 10(2.3) The persons recommended for appointment under clause (2)⁠(f) shall be selected by the members of the investment committee appointed under clauses (2)⁠(a) to (e) on the basis of investment experience and competence, and the appointments shall be for such terms and at such remuneration for services as the board may fix. Duties of A. D. M. Finance 10(3) In the absence of the Deputy Minister of Finance from The City of Winnipeg or in the event of his inability or incapacity, from any cause, to act, or at the request of the Minister of Finance or the Deputy Minister of Finance, the Assistant Deputy Minister of Finance shall act as a member of the investment committee; and while so acting he has all the powers, rights, and duties of the Deputy Minister of Finance as a member of the investment committee. Duties of investment committee 10(4) The investment committee shall regularly review the investments in which the fund is invested and, subject to subsection 9(2), shall give directions in writing, signed by the chairman, as to the investments in which moneys in the fund and available from time to time for investment shall be invested. S.M. 1992, c. 57, s. 4 . Definitions 10.1(1) In this section, "Advisory Committee" means the Employer Pension and Insurance Advisory Committee; (« Comité consultatif ») "Liaison Committee" means the Superannuation and Insurance Liaison Committee. (« Comité de liaison ») Liaison Committee 10.1(2) The Superannuation and Insurance Liaison Committee, consisting of the persons who are from time to time the members thereof in accordance with its constitution, established to represent, in consultation with the Advisory Committee, employees and pensioners in respect of pension benefits under this Act and insurance benefits under The Public Servants Insurance Act and any proposed changes to such benefits, is continued under the same name and with the same purpose and function. Liaison Negotiating Committee 10.1(3) The Liaison Negotiating Committee, consisting of the persons elected from time to time by the members of the Liaison Committee from among themselves, heretofore established to carry on the functions of the Liaison Committee for and on behalf of the Liaison Committee, is continued under the same name and with the same purpose and function. Advisory Committee 10.1(4) The Employer Pension and Insurance Advisory Committee, heretofore established to represent, in the consultations mentioned in subsection (2), those employers to which subsection 6(5) or 22(9) applies, is continued under the same name and with the same purpose and function. Expenses of Liaison Committee 10.1(5) The expenses of the Liaison Committee necessary to perform its function with respect to the Act shall be paid out of the fund. Regulations 10.1(6) The minister may make regulations for the purposes of this section (a) respecting the membership of the Liaison Committee and the Liaison Negotiating Committee; (b) respecting the expenses of the Liaison Committee necessary to perform its function. S.M. 1989-90, c. 59, s. 7 ; S.M. 2000, c. 50, s. 4 . Banking 11(1) Uninvested moneys of the fund shall be kept on deposit in the name of the fund in a bank. Authority for temporary borrowing 11(2) The board may, from time to time, borrow or raise money for temporary purposes by way of overdraft, line of credit, or a loan, or otherwise, upon the credit of the board in such amounts, not exceeding in aggregate the sum of $5,000,000. of principal outstanding at any one time, upon such terms and conditions and for such period as the board may determine. S.M. 2002, c. 47, s. 30 . Accounts to be kept 12(1) Accounts shall be kept by the board under the direction of the chairman of the board and the Auditor General, showing a separate account for each employee contributing to the fund and for each person receiving any payment out of the fund, and such other accounts as are necessary to show the financial condition of the fund. Where kept and audit thereof 12(2) The accounts of the fund shall be kept by an employee of the board, and the fund and the accounts shall be examined, checked and audited by the Auditor General from time to time and at least annually. What fund formed of 12(3) The fund shall be formed of contributions from the salaries of employees and payments made thereto by the government and by any board, commission, or corporation, as hereinafter provided, and shall include any gifts, grants, and legacies, to the fund from any source whatsoever, together with interest earned by the fund. S.M. 2001, c. 39, s. 31 . Superannuation adjustment account 13(1) The superannuation adjustment account is continued. Contributions to adjustment account 13(2) When the board receives (a) a contribution made under subsection 6(5) or 17(1); (b) a payment for a purchase of service under this Act; or (c) a payment in relation to a transfer under a reciprocal transfer agreement; the board must credit or transfer the percentage prescribed by regulation — or 10.2% if no percentage is prescribed — of that contribution or payment to the superannuation adjustment account. Regulation to prescribe contribution rate 13(2.1) On the joint recommendation of the Advisory Committee and the Liaison Committee referred to in section 10.1, supported by an actuarial report confirming the viability of the recommendation, the Lieutenant Governor in Council may make regulations prescribing a percentage for the purpose of subsection (2). Charges on adjustment account 13(3) At the end of each month there shall be charged to the superannuation adjustment account (a) 1/2 of all superannuation adjustments paid in accordance with section 33; and (b) the remaining 1/2 of all superannuation adjustments paid in accordance with section 33 to or in respect of former employees of employers mentioned in subsection 6(5). Interest on adjustment account 13(4) On June 30 and December 31 in each year, interest at a rate determined in accordance with subsection (5) shall be credited to the superannuation adjustment account for the 1/2 year ending on each of those dates and based on the average balance in the account at the beginning of each of the preceding six months. Rate of interest 13(5) For the purposes of this section, the rate of interest to be credited to the superannuation adjustment account shall be determined in accordance with such method as the board may determine. Transfer of surplus 13(6) If at any time the actuary, on the basis of his valuation of the fund and of the superannuation adjustment account, reports a surplus in the superannuation adjustment account, the board may allocate all or any portion of the surplus to the other purposes of the fund. S.M. 1988-89, c. 13, s. 5 ; S.M. 1992, c. 57, s. 5 ; S.M. 1996, c. 55, s. 7 ; S.M. 2009, c. 30, s. 4 ; S.M. 2011, c. 34, s. 5 . Actuarial report 14(1) The board must cause an actuarial report on the status of the fund to be prepared as at the end of the calendar year, at least once every three years, and may cause one to be prepared as at any other date but, despite section 3 of The Pension Benefits Act and the regulations under that Act, is not required to cause an actuarial report to be prepared more often than once every three years. Other actuarial reports 14(2) The board may cause an actuarial report to be made on the status of the fund at any time and as of any date that the board may deem it advisable to cause such a report to be made. Delivery and tabling of reports 14(3) The board shall cause a copy of each report made under subsection (1) or (2) to be delivered to the member of the Executive Council having general supervision of the administration of this Act who shall cause it to be laid before the Legislative Assembly forthwith if it is then in session, and, if not then in session, within 15 days of the opening of the first session that begins after the expiration of nine months from the date as of which the report is made. S.M. 2011, c. 34, s. 6 . Payments from fund 15(1) Payment of (a) all superannuation allowances, annuities and pensions; (b) all refunds; (c) all transfers of credits; and (d) subject to subsections (1.1) to (1.6), all administrative costs of the board; under this Act shall be made out of the fund. Administrative costs of pension benefits 15(1.1) Those administrative costs of the board that relate to the administration of this Act shall be paid by employers and employees on an equal basis and subject to subsections (1.2) to (1.6). Share of contributing employers 15(1.2) For the purposes of subsection (1.1), the share of those employers who have paid their contributions into the fund shall be paid out of the fund. Share of non-contributing employers 15(1.3) For the purposes of subsection (1.1), the share of the administrative costs of those employers who have not paid their contributions into the fund shall be paid by the employers, on a monthly basis, to the board directly, in accordance with the following formula: A = B × C/D In this formula, A is the amount payable to the board; B is one half of the monthly administrative cost; C is the number of the employees of the government or the individual agency of the government who were, on the preceding December 31, contributing to the fund; and D is the total number of the employees who were, on the preceding December 31, contributing to the fund.

Share of employees 15(1.4) For the purposes of subsection (1.1), the employees' share shall be paid out of the fund. Credit to employers 15(1.5) The share of any employer, whether paid under subsection (1.2) or (1.3), shall be credited with the fair value of any thing provided by the employer to the fund for its use free of charge in a form other than money. Investment of employee contributions 15(1.6) The expression "administrative costs" in this section does not include costs relating to the investment of the money in the fund or expenses of the Liaison Committee. Method of payment 15(2) Every payment out of the fund shall be made (a) by cheque of the board signed by; or (b) by direct transfer into the payee's account in a bank, trust company or credit union authorized to receive money on deposit pursuant to an arrangement authorized by the signature of; officers and employees of the board designated by the board for the purpose. Facsimile signature 15(3) The board may authorize the signing of cheques by the use of mechanical means of reproducing thereon facsimile signatures of the persons authorized to sign cheques. S.M. 1989-90, c. 59, s. 8 . Fees for actuarial expenses 16 Where (a) a person requests information; or (b) as the result of an election or decision of any person the board is required to obtain information; and in order to provide or obtain the information the board requires a report or calculation by an actuary, the board may either before or after providing or obtaining the information (c) charge and collect from the person requesting the information or making the election or decision a fee equal to the amount charged by the actuary for providing the report or calculation; or (d) charge and collect a flat fee prescribed by the board for providing or obtaining the information. Employee contributions 17(1) Every employee must contribute to the fund each year, by way of deductions from his or her salary, wages or other remuneration (a) the percentage prescribed by regulation — or 6% if no percentage is prescribed — of his or her Canada pensionable earnings for the year; and (b) the percentage prescribed by regulation — or 7% if no percentage is prescribed — of his or her salary for the year in excess of his or her Canada pensionable earnings for the year, up to the maximum salary allowed under the Income Tax Act (Canada) to be used for the purpose of pension accrual in the year in which the contributions are made. 17(1.1) and (1.2) [Repealed] S.M. 2011, c. 34, s. 7 . Employee contributions on excess earnings 17(2) Employees earning in excess of the maximum salary referred to in subsection (1) shall continue to contribute the percentage determined by clause (1)⁠(b) to the fund on that excess salary up to the maximum annual contribution allowed in that year under the Income Tax Act (Canada), and those contributions shall be accounted for separately by the board and shall be used to reduce the payments required under subsections 6(5), 22(1) and 22(2). Regulation to prescribe contribution rates 17(3) On the joint recommendation of the Advisory Committee and the Liaison Committee referred to in section 10.1, supported by an actuarial report confirming the viability of the recommendation, the Lieutenant Governor in Council may make regulations (a) prescribing a percentage for the purpose of clause (1)⁠(a); (b) prescribing a percentage for the purpose of clause (1)⁠(b). No contributions after maximum pension accrued 17(4) Despite subsection (1), no employee is required to make a contribution in respect of salary, wages or other remuneration earned after he or she has accrued the maximum annual superannuation allowance determined under clause 26(1.1)⁠(b). No contributions after maximum retirement age 17(5) Despite subsection (1), no contributions are payable to the fund with respect to salary earned by an employee after he or she reaches the maximum retirement age. S.M. 1992, c. 57, s. 6 ; S.M. 2000, c. 50, s. 5 ; S.M. 2011, c. 34, s. 7 . Correctional officers' contributions 17.1(1) Every correctional officer shall, by reservation and deduction from his or her salary, contribute to the fund, in addition to amounts required under section 17, 1% of his or her salary. Percentage may be adjusted 17.1(2) The Lieutenant Governor in Council may, on the recommendation of the actuary, adjust the percentage of salary required to be contributed under subsection (1). Separate account 17.1(3) The board shall maintain a separate account within the fund for contributions made under subsection (1), and the rate of interest to be credited to the account shall be determined in accordance with such method as the board may determine. Costs 17.1(4) The additional costs incurred by the fund in relation to a correctional officer's retirement that would not have been incurred if the retiree had not been a correctional officer are to be charged against the separate account established under subsection (3). Pension Benefits Act does not apply 17.1(5) Clause 26(1)⁠(a) of The Pension Benefits Act does not apply to this section. Refund of additional contributions 17.1(6) An employee who has made additional contributions under subsection (1) is entitled to a refund of those contributions, plus interest, if (a) he or she moves from a correctional officer position to another position within the civil service; and (b) at the time of the move, he or she is less than 60 years old and the total of his or her age and years of service is less than 75. S.M. 1996, c. 55, s. 8 ; S.M. 2000, c. 50, s. 6 ; S.M. 2011, c. 34, s. 8 . Contributions compulsory 18 The contributions to the fund shall be compulsory for every employee unless otherwise provided in this Act. 19 [Repealed] S.M. 2020, c. 16, s. 8 . Return to civil service within three years — deferred member 20(1) If a deferred member who has not withdrawn or transferred any part of his or her pension benefit credit (a) is re-appointed to the civil service within three years after leaving the civil service; (b) within that three-year period, becomes an employee within the meaning of this Act; and (c) within two years after again becoming an employee within the meaning of this Act, applies for reinstatement of the period of service accumulated by him or her before leaving the civil service; the period of service accumulated by him or her before returning to the civil service is to be included for all purposes of this Act, and he or she ceases to be a deferred member in respect of that period of service. Return to civil service within three years — non-member 20(2) The period of service accumulated by a former employee before returning to the civil service is to be included for all purposes of this Act if he or she (a) withdrew or transferred his or her pension benefit credit upon leaving the civil service because it was required by subsection 21(4) of The Pension Benefits Act (commutation of small pension) to be paid to him or her; (b) is re-appointed to the civil service within three years after leaving the civil service; (c) within that three-year period, becomes an employee within the meaning of this Act; and (d) within two years after again becoming an employee within the meaning of this Act, (i) applies for reinstatement of the period of service accumulated by him or her before leaving the civil service, and (ii) pays or agrees to pay to the fund, in a lump sum or by instalments acceptable to the board, an amount equal to the pension benefit credit that was withdrawn or transferred plus interest on that amount from the date that the pension benefit credit was withdrawn until it is repaid in full. Return to civil service after three years 20(3) If a deferred member is re-appointed to the civil service and his or her prior period of service is not included under subsection (1) or (2), (a) he or she remains a deferred member in relation to the prior period of service; (b) the prior period of service and the additional period of service accumulated after returning to the civil service are to be combined for the purpose of determining if the following eligibility requirements are met in relation to the deferred pension and in relation to the additional pension accrued after returning to the civil service: (i) the requirement in sections 28, 42 and 45 for the person to have at least 10 years of service, (ii) the requirement in section 28 for the person's age and service to total 80 years or more, (iii) the requirement in subsection 17.1(6) and clause 28(1)⁠(c) for the person's age and service to total 75 years or more. Length of service 20(4) Despite any other provision of this Act, the period during which a returning employee was out of the civil service shall not be included in computing his or her length of service for the purposes of this Act. 20(5) [Repealed] S.M. 2011, c. 34, s. 9 . S.M. 2011, c. 34, s. 9 . Employee purchase of other service 20.1(1) An employee may, by applying to the board and satisfying the terms and conditions set out in subsection (2), purchase a period of service with an employer to whom this Act applies, if the service cannot be, or can no longer be, purchased by the employee under any other provision of this Act. Terms and conditions 20.1(2) In order for a period of service to be purchased under this section, (a) the board must be satisfied that the employer was participating in the fund throughout the period; (b) the board must receive the employer's acknowledgement, or other evidence satisfactory to the board, that the employee was employed by the employer, on leave or laid off during the period; and (c) the employee must agree to contribute to the fund, as a lump sum or by instalments as prescribed for the purpose of clause 63(3)⁠(b), an amount equal to the full actuarial cost to the fund of the service to be purchased, effective as of the date the application is signed by the employee or, if the application is received by the board more than 30 days after it was signed by the employee, effective as of the date the application is received by the board. No cost to employer 20.1(3) Despite any other provision of this Act, no employer is required to contribute to the fund in respect of a purchase of service under this section. S.M. 2000, c. 50, s. 7 ; S.M. 2011, c. 34, s. 9 ; S.M. 2020, c. 16, s. 9 . Employee loaned may continue in fund 21(1) Notwithstanding anything in this Act, where an employee under this Act is loaned by his employer to another government, or to any other person, and leave of absence is granted for that purpose for a period not exceeding two years, which period may be extended for an additional period of two years, the employee may, within two months of the date of the loan, elect to continue as a contributor to the fund as herein provided. Exception 21(2) Subsection (1) does not apply to an employee who has been granted leave of absence from an employer to serve in an official position to which he has been elected or appointed in a labour union or an employees' organization to represent exclusively employees of the government or agencies of the government. Employee on loan without salary 21(3) Where the leave of absence on loan is without salary or the employer that loaned the employee does not directly or indirectly contribute to the salary of the employee while on loan, if the employee so elects, he shall continue to contribute to the fund amounts based on the percentage of the rate of annual salary of which he was in receipt at the date of the loan, together with an amount equal thereto and the contributions shall be payable monthly by the employee to the fund. Computation of service 21(4) Where the employee pays the contributions as aforesaid he shall be deemed an employee during that period of the loan for the purposes of this Act and to be in receipt of an annual salary at the rate aforesaid. Part of salary payable by government 21(5) If the leave of absence on loan is with a portion of his salary payable either directly or indirectly by the employer that loaned the employee, he shall be deemed to continue as an employee for the purposes of this Act and be liable to contribute to the fund during the period of the loan but to be in receipt, however, of only the salary payable directly or indirectly by the employer that loaned the employee; but the employee may elect in addition to continue to contribute to the fund amounts based on the percentage of the rate of annual salary equal to the difference between salary directly or indirectly payable by the employer that loaned the employee and the salary at the rate of which he was in receipt immediately prior to the loan together with an amount of contribution equal to the last mentioned contribution, and the contributions shall be payable monthly by the employee to the fund. Computation of salary 21(6) If the employee pays the contributions as aforesaid he shall be deemed during the period of the loan for the purposes of this Act to be in receipt of an annual salary at the rate of salary of which he was in receipt immediately prior to the loan. Regulations 21(7) The Lieutenant Governor in Council, on the recommendation of the board, may make regulations for the purpose of carrying into effect the intent of this section; but no regulations made hereunder shall be such as to impose an actuarial burden on the fund. Employee on educational leave 21(8) If an employee is granted an educational leave of absence without salary and, while the employee is on leave of absence, the government or the agency of the government, as the case may be, does not, directly or indirectly, contribute to his salary or pay to him any allowance to which subsection (10) applies, the employee may elect as in a case to which subsection (1) applies, and, if he does, subsections (3), (4), (6) and (7) apply with such modifications as the circumstances require. Employee on educational leave with salary 21(9) If an employee is granted an educational leave of absence and, while the employee is on leave of absence, the government or the agency of the government, as the case may be, contributes directly or indirectly to his salary, the employee may elect as in a case to which subsection (1) applies, and, if he does, subsections (5), (6) and (7) apply with such modifications as the circumstances require. Contributions where allowance paid 21(10) Where leave of absence is granted to an employee as mentioned in subsection (8), but the government or agency of the government, as the case may be, pays to him an allowance in lieu of salary during the period of leave of absence, (a) he may elect as in a case to which subsection (1) applies, and, if so, subsections (3), (4), (6) and (7) apply to the case, with such modifications as the circumstances require; or (b) he may elect to continue to contribute to the fund amounts based on the applicable percentage of the allowance paid to him by the government or agency of the government, as the case may be, together with an amount equal thereto; and, if so, (i) he shall be deemed to be an employee during that portion of the period of leave of absence that is the same proportion of the whole of that period that the allowance paid to him is of the salary of which he was in receipt when leave of absence was granted, and (ii) he shall, in the computation of his annual superannuation allowance, to be credited with having received, during the period of leave of absence, an amount of salary equal to the amount of the allowance paid to him by the government or agency of the government, as the case may be, as if the allowance so paid had been paid as salary. Allowance not salary 21(11) Notwithstanding anything in the definition "salary", an allowance paid by the government or the agency of the government, as the case may be, as mentioned in subsection (10) shall be deemed not to be salary, but shall be deemed to be an extra allowance or gratuity to which that clause refers. Alternative election for educational leave 21(12) Where an employee is granted an educational leave of absence as described in subsection (8) or (9) and he does not make an election as provided in subsection (8), (9) or (10), he may at any time before the expiration of 18 months after the completion of the educational leave of absence, apply to the board to have the whole or part of the period of educational leave of absence included in computing his service for the purposes of this Act. Where application to be granted 21(13) Where the board receives an application under subsection (12), it shall grant the application if (a) at the time the application is made the applicant is still on educational leave of absence or if the educational leave of absence is completed the applicant is an employee; and (b) the applicant agrees in writing to pay to the fund, in a lump sum or by instalments, the product obtained by multiplying the total amount determined as salary for the period to be included in computing the applicant's service, using the applicant's annual salary rate as at the date of the application, by two times the percentage determined under clause 17(1)⁠(b) as at that date, plus interest if the payment is to be made by instalments; and subsections (4) and (7) apply with such modifications as the circumstances require. Salary rate while on leave of absence 21(14) For the purposes of clause (13)⁠(b), where an employee makes an application under subsection (12) while he is still on educational leave of absence, his annual salary rate as at the date of making the application is his annual salary rate immediately preceding the date the leave of absence commenced. S.M. 1989-90, c. 91, s. 11 ; S.M. 2011, c. 34, s. 10 ; S.M. 2020, c. 16, s. 10 ; S.M. 2021, c. 11, s. 72 . Maternity leave and parental leave 21.1(1) An employee granted maternity leave or parental leave in accordance with The Public Service Act or the policies of an agency of the government may elect to continue to contribute to the fund during the leave, or to retroactively make contributions after the leave. Amount of contribution 21.1(2) The amount to be contributed in respect of each pay period during which the employee is on leave is (a) in the case of maternity leave, the same amount the employee would have to contribute if their salary during the leave were equal to their salary at the commencement of the leave; or (b) in the case of parental leave, twice the amount the employee would have to contribute if their salary during the leave were equal to their salary at the commencement of the leave. How to make payment 21.1(3) Contributions to the fund during or in respect of a period of maternity leave or parental leave must be made in the manner determined by the board, which may be (a) by instalments during the leave; (b) by lump sum at the end of the leave; or (c) by instalments after the leave. A person who makes contributions by instalments after the leave must pay interest on the instalments. Timing for election to contribute 21.1(4) An employee who elects to make contributions to the fund retroactively after a maternity leave or parental leave must make the election no later than 30 days after the end of the leave. Continuous absence 21.1(5) If a period of maternity leave is immediately followed by a period of parental leave, an election under subsection (1) must be made no later than 30 days after the end of the parental leave. S.M. 1996, c. 55, s. 9 ; S.M. 2000, c. 50, s. 8 ; S.M. 2020, c. 16, s. 11 ; S.M. 2021, c. 11, s. 72 . Seasonal employees 21.2(1) An employee whose work frequency is changed by the government or a government agency from full time to seasonal employment, if he or she so elects before beginning the seasonal employment, shall continue to contribute to the fund amounts based on the percentage of the rate of annual salary that he or she was receiving immediately before the seasonal employment commenced, together with an amount equal to that amount, and the contributions shall be payable monthly by the employee to the fund. Computation of service 21.2(2) Subsection 21(4) applies with any necessary modifications to an employee who elects to continue to contribute to the fund as authorized in subsection (1). 21.2(3) and (4) [Repealed] S.M. 2020, c. 16, s. 12 . S.M. 1996, c. 55, s. 9 ; S.M. 2020, c. 16, s. 12 . Reduced hours in last five years of employment 21.3(1) An employee who would be eligible within five years to receive an unreduced superannuation allowance under subsection 28(1) and who reduces his or her work frequency from full-time to less than full-time, if he or she so elects before reducing his or her hours of work, shall continue to contribute to the fund amounts based on the percentage of the rate of annual salary that he or she was receiving immediately before the reduced hours of work commenced, together with an amount equal to that amount. Computation of service 21.3(2) Subsection 21(4) applies with any necessary modifications to an employee who elects to continue to contribute to the fund as authorized in subsection (1). S.M. 1996, c. 55, s. 9 ; S.M. 2011, c. 34, s. 11 . Employer to verify 21.4 Where the board receives an application under section 21.1, 21.2 or 21.3, the board shall accept the application if the employer or former employer verifies that the person is eligible to purchase the applicable periods. S.M. 1996, c. 55, s. 9 . Only current employees eligible to purchase service 21.5 Only a person who is still an employee may purchase a period of service under this Act. S.M. 1996, c. 55, s. 9 ; S.M. 2000, c. 50, s. 9 ; S.M. 2011, c. 34, s. 12 ; S.M. 2020, c. 16, s. 13 . No cost to employer 21.6 Neither the government nor any agency of the government is required to contribute any amount to the fund in respect of (a) a purchase of service under section 21.1 in respect of parental leave; or (b) a purchase of service under section 21.2 or 21.3. S.M. 1996, c. 55, s. 9 ; S.M. 2000, c. 50, s. 10 ; S.M. 2020, c. 16, s. 13 . Purchase of service by reservist 21.7(1) An employee who receives a period of unpaid leave to which he or she is entitled under section 59.5 of The Employment Standards Code (unpaid leave for reservists) may, in accordance with the regulations, purchase a period of service in relation to that period of leave. Regulations 21.7(2) For the purpose of this section, the Lieutenant Governor in Council may make regulations (a) respecting the application for a purchase of service under this section, including prescribing a time limit for making the application; (b) prescribing the maximum length of service that may be purchased; (c) respecting the amount to be contributed by an employee for a period of service purchased under this section, including prescribing a method for determining the amount and how and when it is to be contributed; (d) respecting the amount to be contributed by the employer for a period of service purchased under this section, in the case of an employer to whom subsection 6(5) applies, including a method for determining the amount and how and when it is to be contributed. Past period of leave 21.7(3) A regulation under subsection (2) may apply to a period of unpaid leave that began or ended before the day this section came into force. S.M. 2011, c. 34, s. 13 . Monthly payment by government to fund 22(1) Out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, shall pay to the fund, on or before the last day of each month, in respect of persons who have retired from the civil service and who, at the time of their retirement, were not employed under an agency of the government, the following amounts: (a) an amount equal to one-half of the sum of the amounts payable in respect of the month on account of the annual superannuation allowances and the supplementary superannuation allowances and superannuation adjustments and annuities payable under this Act to persons who become entitled to such allowances and adjustments and annuities after March 31, 1961; (b) an amount equal to the sum of the amounts, if any, by which the annual superannuation allowances payable in respect of the month of March, 1961, to persons who became entitled to such allowances before April 1, 1961, were increased by the amendments to this Act that became effective on April 1, 1961; and (c) an amount equal to one-half of the sum of the amounts, if any, by which the annual superannuation allowances payable in respect of the month immediately preceding January 1, 1965, to persons who became entitled to such allowances before January 1, 1965, are increased by the amendments to this Act that became effective on January 1, 1965. Monthly payments to fund by agencies 22(2) Subject to subsections 6(5.1) and (5.4), where the Lieutenant Governor in Council, before the coming into force of this subsection, has designated, or hereafter designates, any members, officers, or employees of an agency of the government as being within the definition of "employee" or any person is deemed under section 6 to be in the civil service, the agency of the government, after the date this subsection comes into force, shall pay to the fund, on or before the last day of each month, in respect of persons who have retired from the civil service and who, at the time of their retirement, were employed under that agency of the government, amounts calculated in the same manner as that in which amounts payable by the Minister of Finance under subsection (1) are calculated. 22(3) [Repealed] S.M. 2020, c. 16, s. 14 . Permanent charge 22(4) The sums payable to the fund by the government under subsections (8) and 53(8) are a permanent and direct charge on the Consolidated Fund and, notwithstanding any provision of The Financial Administration Act , those sums may be paid although no annual appropriation for the purpose is made by the Legislature. Calculation re deferred allowances 22(5) In calculating the amounts payable by the government and by agencies of the government in respect of each month under subsections (1) and (2), the sum of the amounts by which the instalments payable to persons to whom clause (1)⁠(b) applies are increased from time to time, and which are credited to such deferred annuity accounts shall be deemed to be amounts payable in that month, under clauses (1)⁠(a) and (b), to persons who have become entitled to annual superannuation allowances. Milk Control Board employees 22(6) The Minister of Finance shall pay to the board from and out of moneys held in the Consolidated Fund for the purposes of liabilities of The Milk Control Board of Manitoba, amounts calculated by the actuary as representing the actuarial liability under this Act for the employer's share of benefits in respect of service prior to September 30, 1974, in respect of which applications are made under section 63 by persons who were members, officers or employees of The Milk Control Board of Manitoba, or retired employees of The Milk Control Board of Manitoba. Arrangements in respect of double benefits 22(7) Where an employee or retired employee is or will become entitled to be granted an annual superannuation allowance or annuity under this Act in respect of a period of recognized service and the board becomes aware that the employee or retired employee is or will become entitled to receive a pension benefit in respect of the same period of service under a plan or a scheme established by a reciprocating Manitoba employer, as that expression is defined in section 53, the board shall (a) in a manner approved by the member of the Executive Council charged with the administration of this Act reduce the amount of the annual superannuation allowance or annuity which the employee or retired employee is or will become entitled to receive under this Act to an amount based on his service but not including that period of service in respect of which he is or will become entitled to receive a pension benefit under the plan or scheme established by the reciprocating Manitoba employer, or make adjustments in its records of service of the employee or retired employee to exclude that period of service; and (b) refund to the employee or retired employee, or transfer on his written instruction, to another payee, any contributions he has made to the fund for that period of service in respect of which he is or will become entitled to receive a pension benefit from the plan or scheme established by the reciprocating Manitoba employer, together with interest. Certain payments and transfers 22(8) Where the board pays an amount from the fund under section 42 or subsection 44(1) or transfers an amount to a money purchase account under subsection 44(1) in respect of an employee or a former employee, it shall recover from the employer with whom the employee is employed or with whom the former employee was employed immediately before he ceased to be an employee within the meaning of this Act, and that employer shall pay to the fund, an amount equal to 1/2 of the amount paid or transferred by the board in respect of the employee on or before the last day of the month in which the board notifies the employer of the amount it is required to pay. Definition of "employer" 22(9) For the purposes of subsection (8), "employer" means the government or an agency of the government or any association, corporation, board, commission or body to the employees of which this Act applies but does not include any such employer who is required to make contributions to the fund under subsection 6(5). Payment to fund for defunct agencies 22(10) Where an agency of the government, to the employees and former employees of which this Act applies, ceases to exist and (a) no other agency of the government assumes or is charged with satisfying that agency's obligations under this Act; and (b) payments are required to be made by the board from the fund in respect of any of those former employees, and the agency that has ceased to exist would have been required if it had continued to exist to make payments to the fund in respect of those payments by the board; the Lieutenant Governor in Council may designate the source from which those payments of the agency that has ceased to exist shall be made to the fund. Payments for employees of more than one agency 22(11) Except as otherwise provided in this Act, where the board pays or transfers an amount from the fund in respect of an individual who ceases to be an employee on or after the day this subsection comes into force, it shall recover from the government or government agencies that employed the individual, other than an employer that made pre-funding contributions in respect of the individual, on a pro rata basis in accordance with the records of the board, 1/2 of the portion of the amount paid or transferred to the employee in respect of which no employer pre-funding contributions were made. S.M. 1989-90, c. 59, s. 9 ; S.M. 1989-90, c. 91, s. 11 ; S.M. 1992, c. 57, s. 7 ; S.M. 1996, c. 55, s. 10 ; S.M. 1996, c. 59, s. 86 ; S.M. 2009, c. 30, s. 5 ; S.M. 2011, c. 34, s. 14 ; S.M. 2014, c. 35, s. 73 ; S.M. 2020, c. 16, s. 14 . 23 [Repealed] S.M. 1989-90, c. 91, s. 11 ; S.M. 2001, c. 37, s. 1 ; S.M. 2009, c. 30, s. 5 ; S.M. 2011, c. 34, s. 15 ; S.M. 2014, c. 35, s. 73 ; S.M. 2020, c. 16, s. 15 . Accrued liability of government 24(1) An amount of $1,826,300. being an accrued liability assumed by the government for persons who were employees immediately before May 1, 1939, and who, at any time on or after May 1, 1939, continued to be employees or are in receipt of allowances, gratuities, or superannuation, is continued in the accounts of the fund as a debt due from the government to the fund. Interest 24(2) On March 31 and on September 30 in each year, the government in addition to the payment for which provision is made in section 22, shall pay to the fund one half year's interest at the rate of 4% per annum on the amount of the accrued liability assumed by it as mentioned in subsection (1). Payment of debt by government 24(3) The government may pay to the fund the whole or any part of the debt set up under subsection (1), either in cash or by delivery of a treasury bill or other form of government security; and in that case, if the whole of the debt is so paid, no interest is thereafter chargeable to the government under subsection (2); and if a part only of the debt is so paid, interest is thereafter payable by the government under subsection (2) upon the unpaid portion of the debt only. 25 [Repealed] S.M. 1992, c. 57, s. 8 ; S.M. 2011, c. 34, s. 16 . Calculation of allowance 26(1) Except as otherwise provided in this section and section 28, an annual superannuation allowance payable to a person under that section shall be calculated in accordance with the following formula: Superannuation allowance = (.02 × A × S) − (.004 × C × T) In this formula, A is the average annual salary during five years of the person's service or during the person's service if it does not total five years; C is, as determined by the board in accordance with its actuary's recommendation, the average annual Canada pensionable earnings received by the person during the period for which the value of A is determined; S is the number of years of the person's service including parts of years expressed in decimals to three or four decimal places; and T is the number of years of person's service after December 31, 1965, including parts of years expressed in decimals to three or four decimal places. Maximum annual superannuation allowance 26(1.1) A member's annual superannuation allowance must not exceed the lesser of (a) the maximum annual pension allowed under the Income Tax Act (Canada); (b) the amount that would be determined under subsection (1) if the formula were as follows: Superannuation allowance = 70% × A 26(1.2) [Repealed] S.M. 2020, c. 16, s. 16 . Increase in benefits at no cost to employers 26(1.3) The board shall ensure that the amounts billed to employers that are not required to make pre-funding contributions under subsection 6(5) do not include any amount in respect of the increased cost to the fund that, according to the board's actuary, can reasonably be attributed to the fact that the formula under subsection (1) was changed, effective September 1, 2000, to refer to ".004" instead of ".006". Employment after maximum age of retirement 26(1.4) Despite section 3 and subsection 21(9) of The Pension Benefits Act , no period of a person's employment after he or she reaches the maximum age of retirement shall be treated as a period of service under this Act or be included in computing the person's superannuation allowance or pension benefit credit. Last five years 26(2) Except as may be otherwise provided in this Act, the five years of service used for the calculation of an annual superannuation allowance shall be the last five years of the employee's service. Former Centra Gas employees 26(2.1) In determining the values for A and C in the formula under subsection (1) for a person who was employed by Centra Gas Manitoba Inc. before January 1, 2001, and by Manitoba Hydro on that day, (a) the person's period of service includes the period before 2001 during which he or she was employed by Centra Gas Manitoba Inc. and was a member of a Centra Gas Manitoba Inc. pension plan; and (b) the person's salary for that period includes the remuneration received during the period as an employee of Centra Gas Manitoba Inc. that, if it had been paid by the government, would have been salary as defined in subsection 1(1). Substitution of certain service 26(3) Where during service, the rate of salary of the employee within a calendar year that is not within the employee's last five years of service, is greater than the rate of the employee's salary during an equivalent period in the last five years of service of the employee, the period of service and the rate of salary of the employee during the calendar year that is not within the employee's last five years of service, shall be substituted for an equivalent period of service and the salary therefor that is within the employee's last five years of service, in determining the average annual salary of the employee for the purpose of calculating the annual superannuation allowance payable to the employee under subsection (1). 26(4) [Repealed] S.M. 2011, c. 34, s. 17 . Computation of earnings of partial year 26(5) Where it is necessary for earnings that were recorded at the end of a year to be used to determine an employee's earnings for part of that year, the earnings so recorded shall be deemed to have been received by him in equal monthly instalments. S.M. 1988-89, c. 11, s. 25 ; S.M. 1989-90, c. 59, s. 10 ; S.M. 1992, c. 57, s. 9 ; S.M. 1996, c. 55, s. 11 ; S.M. 2000, c. 50, s. 11 ; S.M. 2011, c. 34, s. 17 ; S.M. 2020, c. 16, s. 16 . 27 [Repealed] S.M. 2011, c. 34, s. 18 . Eligibility for superannuation allowance 28(1) Except as otherwise provided in this Act and subsection 21(9.1) of The Pension Benefits Act (value of pension after late retirement), the board must grant an annual superannuation allowance calculated in accordance with section 26 to the following persons: (a) a person who (i) ceases to be an employee on or after reaching the age of 55 years, (ii) at the time of ceasing to be an employee, is not receiving an allowance granted under clause (d), and (iii) applies to the board for the allowance within 185 days before ceasing to be an employee or within 30 days after ceasing to be an employee; (b) a deferred member who (i) has reached the age of 55 years, and (ii) applies to the board for an allowance within 185 days before the commencement date proposed in the application; (c) a correctional officer who (i) ceases to be an employee on or after reaching the age of 50 years and whose age and service total at least 75 years, (ii) became a correctional officer before 2001 or made additional contributions under section 17.1 for at least five years, (iii) did not receive and is not entitled to receive a refund of contributions under subsection 17.1(6), and (iv) applies to the board for an allowance within 185 days before ceasing to be an employee or within 30 days after ceasing to be an employee; (d) a person with at least 10 years of service who (i) has not been granted an allowance under clause (a), (b) or (c), (ii) has not reached the age of 60 years, (iii) has not reached the age of 55 years or, having reached that age, has not reached the age at which their age and service total 80 years, and (iv) applies to the board for an allowance and satisfies the board that they (A) have a qualifying disability as defined in section 31, and (B) are entitled to long term disability benefits or will no longer be an employee on the commencement date; (e) a person who remains an employee after November 30 of the year in which the person reaches the maximum retirement age. Application 28(1.1) An application under this section must be in a form acceptable to the board and must specify the date on which the applicant proposes the superannuation allowance to commence. Period of superannuation allowance 28(2) Except as otherwise provided in this Act, a person's superannuation allowance is payable for the period from the commencement date for the allowance to the end of the month in which the person dies. Commencement of allowance 28(3) The commencement date for a person's superannuation allowance is (a) in the case of an allowance granted under clause (1)⁠(a) or (c), the later of (i) the commencement date proposed in the person's application for the allowance, (ii) the date on which the person becomes entitled to the allowance, or (iii) if the completed application is received by the board more than 30 days after the person ceases to be an employee, the date that it is received by the board; (b) in the case of an allowance granted under clause (1)⁠(b), the commencement date proposed in the person's application for the allowance, or the date that the completed application is received by the board, whichever occurs last; (c) in the case of an allowance granted under clause (1)⁠(d), (i) if it is granted to an employee who is entitled to long term disability benefits, the effective date for the commencement of those long term disability benefits or the day that the employee's sick leave benefits expire, whichever occurs first, and (ii) in any other case, the day the person's completed application is received by the board or the person ceases to be an employee, whichever occurs last; and (d) in the case of an allowance granted under clause (1)⁠(e), December 1 of the year in which the person reaches the maximum retirement age. Reduction for early retirement — less than 10 years of service 28(4) The allowance otherwise payable under subsection (1) to a person with less than 10 years of service whose age at the commencement date of the allowance is less than the normal retirement age shall be reduced to the actuarial present value, as at the commencement date, of the allowance that would be payable to the person if it were commencing on the date that the person reached the normal retirement age. Reduction for early retirement — 10 or more years of service 28(5) An allowance granted under clause (1)⁠(a) or (b) to a person with at least 10 years of service whose age at the commencement date of the allowance is less than 60 years and whose age and service on that date total less than 80 years shall be reduced as follows: (a) for service accumulated under this Act before 1992, by the lesser of (i) 0.0625% for each full month beginning with the day on which payment of the allowance is to commence up to and including the day he or she reaches the age of 60 years, and (ii) 0.25% for each full month from the day on which payment of the allowance is to commence up to and including the day on which he or she reaches the age of 60 years or the age at which his or her age and service total 80 years, whichever occurs first; (b) for service accumulated under this Act after 1991, by 0.25% for each full month from the day on which payment of the allowance is to commence up to and including the day on which he or she reaches the age of 60 years or the age at which his or her age and service total 80 years, whichever occurs first. Reduction for allowance for partial disability 28(6) Subject to subsection 31(7), the reductions in clauses (5)⁠(a) and (b) also apply to an allowance granted under clause (1)⁠(d) to a person with a permanent partial disability as defined in section 31 who, as at the commencement date for the allowance, (a) has not reached the age of 60 years; and (b) has not reached the age of 55 years or, having reached that age, has not reached the age at which his or her age and service total 80 years. S.M. 1989-90, c. 91, s. 11 ; S.M. 1992, c. 57, s. 10 ; S.M. 1996, c. 55, s. 12 ; S.M. 2000, c. 50, s. 12 ; S.M. 2011, c. 34, s. 19 ; S.M. 2020, c. 16, s. 17 . Additional temporary allowance 28.1(1) If a person's superannuation allowance is reduced under clause 28(5)⁠(b), the board must pay the person an additional temporary allowance in equal monthly instalments from the commencement date for the allowance to the end of the month in which the person reaches the age of 65 years. Actuarial present value 28.1(2) The actuarial present value of the additional temporary allowance, as at the commencement date of the superannuation allowance, must be equal to the difference between (a) the actuarial present value, as at the commencement date, of the superannuation allowance that would be payable as of the commencement date if all of the service had been accumulated before 1992; and (b) the actuarial present value, as at the commencement date, of the reduced superannuation allowance. Calculation of actuarial present values 28.1(3) The actuarial present values to be calculated under subsection (2) are to be calculated in accordance with recommendations of the board's actuary that have been approved by the board. Death before age 65 — surviving spouse or common-law partner 28.1(4) If (a) a member receiving an additional temporary allowance under this section dies before reaching the age of 65 years; and (b) a surviving spouse or common-law partner of the member is entitled to optional annuity payments under section 29; the remaining monthly instalments of the additional temporary allowance that the member would have received had he or she not died are payable to the surviving spouse or common-law partner until the death of the spouse or common-law partner or the end of the month in which the member would have reached the age of 65 years, whichever is earlier. Death before age 65 — optional annuity for minimum period 28.1(5) If a member receiving an additional temporary allowance under this section dies (a) before reaching the age of 65 years; and (b) before the end of the minimum period for which instalments under the member's optional annuity under section 29 are payable; the remaining monthly instalments of the additional temporary allowance that the member would have received had he or she not died before the end of that minimum period are payable to the person entitled to the remaining optional annuity payments under section 29. S.M. 2011, c. 34, s. 19 . Optional annuity 29(1) Subject to sections 29.1 and 30, a member who is eligible for a superannuation allowance under section 28 may elect one of the following annuities in lieu of that superannuation allowance, and the board must pay the annuity elected by the member: Joint annuity — full pension to survivor (a) an annuity that is payable (i) until the death of the member or of his or her spouse or common-law partner, whichever is later, (ii) in equal monthly instalments throughout the term of the annuity, and (iii) to the member while he or she is alive and, after his or her death, to the surviving spouse or common-law partner; Joint annuity — 2/3 pension to survivor (b) an annuity that is payable (i) until the death of the member or of his or her spouse or common-law partner, whichever is later, (ii) in equal monthly instalments until the death of the member and, if he or she is survived by the spouse or common-law partner, in monthly instalments equal to 2/3 of the monthly instalments that were payable to the member, and (iii) to the member while he or she is alive and, after his or her death, to the surviving spouse or common-law partner; Joint annuity — 1/2 pension to survivor (c) an annuity that is payable (i) until the death of the member or of his or her spouse or common-law partner, whichever is later, (ii) in equal monthly instalments until the death of the member and, if he or she is survived by the spouse or common-law partner, in monthly instalments equal to 1/2 of the monthly instalments that were payable to the member, and (iii) to the member while he or she is alive and, after his or her death, to the surviving spouse or common-law partner; Minimum 10-year pension (d) an annuity that (i) is payable in equal monthly instalments to the member until he or she dies, and (ii) after the member's death, if he or she dies within 10 years after the commencement of the annuity, is payable in accordance with subsections (4) to (6); Minimum 15-year pension (e) an annuity that (i) is payable in equal monthly instalments to the member until he or she dies, and (ii) after the member's death, if the member dies within 15 years after the commencement of the annuity, is payable in accordance with subsections (4) to (6);

Other pension (f) any other form of annuity acceptable under the Income Tax Act (Canada) that (i) involves life contingencies, (ii) is approved by the board, and (iii) after the member's death, if the annuity is payable for a specified minimum period and the member dies within that period, is payable in accordance with subsections (4) to (6); (iii) après le décès du participant, est versée en conformité avec les paragraphes (4) à (6) si son versement doit avoir lieu pendant une période minimale déterminée et si le participant décède pendant celle-ci. Time and manner of making election 29(2) A member wishing to make an election under subsection (1) must do so in a form approved by the board and (a) if the member is eligible for a superannuation allowance under clause 28(1)⁠(a), (b) or (c), on or before the commencement date for the allowance or within 30 days after the board gives the member information about his or her options under this section; (b) if the member is granted a superannuation allowance under clause 28(1)⁠(d), on or before the commencement date for the allowance or within 30 days after the board gives the member a written notice confirming that the allowance has been approved; or (c) if the member is eligible for a superannuation allowance under clause 28(1)⁠(e), on or before the commencement date for the allowance. Calculation of annuity 29(3) An optional annuity payable under this section must be equal to the annuity that (a) can reasonably be provided based on (i) unisex tables in respect of the member as at the commencement date of the annuity, and (ii) the last valuation of the fund made before the commencement date of the annuity; and (b) is the actuarial equivalent of the superannuation allowance as of the commencement date. Death before expiry of minimum term 29(4) If a member who has elected an annuity under this section that is payable for a minimum number of months or years dies before the term of the annuity expires, the annuity becomes payable (a) firstly, to the person designated by the member in his or her will or in any other document signed by the member; (b) secondly, to the member's surviving spouse or common-law partner; and (c) thirdly, to the member's estate. Beneficiary dies or becomes ineligible 29(5) Subject to subsection (6), if an annuity has become payable under subsection (4) to a person designated by the member or to the member's surviving spouse or common-law partner, and the recipient dies before the term of the annuity expires, the remaining annuity payments become payable to the recipient's estate. Lump sum 29(6) On the application of a person entitled to receive annuity payments under subsection (4) or (5) as a result of the death of a member or recipient, the board may pay the applicant a lump sum equal to the commuted value of the remaining annuity payments, plus interest to the date of payment. The commuted value is to be determined as of the first day of the month following the month in which the death occurred. Change of designated beneficiary 29(7) A member who has designated a person to receive annuity payments under subsection (4) may at any time designate a different person by submitting to the board a document signed by the member and designating the other person. The later designation replaces the earlier one even if the earlier one was made in a provision of a will that is not revoked or amended. Designation by inoperative will 29(8) Subject to subsection (7), a designation contained in an instrument purporting to be a will is effective as a designation, even if the instrument is invalid as a testamentary instrument, unless it has been revoked otherwise than by operation of law. Information about age of surviving annuitant 29(9) If a member applies for an annuity that may continue to be paid after the death of the member to another person until that person dies, or until the end of a specified minimum period, the application must include the information the board requires to determine the age of the other person. References to "spouse or common-law partner" 29(10) In this section, "spouse or common-law partner" of a member means the individual who is the member's spouse or common-law partner on the commencement date of the member's annuity. S.M. 1989-90, c. 91, s. 11 ; S.M. 1990-91, c. 4, s. 2 ; S.M. 1992, c. 57, s. 11 ; S.M. 2001, c. 37, s. 1 ; S.M. 2009, c. 30, s. 6 ; S.M. 2011, c. 34, s. 19 ; S.M. 2020, c. 16, s. 18 (as amended by S.M. 2021, c. 45, s. 10 ). Default if no election made 29.1 A member who does not provide the notice required under subsection 29(2) within the time required is deemed to have elected (a) the annuity under clause 29(1)⁠(b) (joint annuity — 2/3 pension to survivor), if on the commencement date of the annuity the member has a spouse or common-law partner and they are not living separate and apart by reason of a breakdown in their relationship; and (b) in any other case, the annuity under clause 29(1)⁠(d) (minimum 10-year pension). S.M. 2011, c. 34, s. 19 ; S.M. 2020, c. 16, s. 19 . Election to integrate with CPP pension 29.2(1) A member to whom a superannuation allowance or annuity becomes payable under this Act before reaching the age of 60 years may elect, in a form approved by the board and within the time allowed for electing an optional annuity under section 29, to have the allowance or annuity integrated in accordance with this section with the member's pension under the Canada Pension Plan (referred to in this section as the "CPP pension"). Method of integration 29.2(2) If a member makes the election, (a) the board must increase the monthly instalment of the allowance or annuity otherwise payable by an amount such that the actuarial value, as at the date of retirement, of the increased instalments is equal to the total of (i) the actuarial value, as at that date, of the monthly allowance or annuity instalments without integration, and (ii) the actuarial value, as at that date, of the monthly CPP pension that would become payable to the member if (A) the CPP pension were commenced when the member reached the age of 60, (B) the CPP pension were based only on the member's service under this Act, and (C) no changes were made to the Canada Pension Plan ; (b) in the event of an increase in the monthly pension that will become payable under the Canada Pension Plan , the board may further increase the monthly instalment to reflect that increase, but is not required to do so; and (c) when the member reaches the age of 60 years, the board must reduce the monthly superannuation allowance or annuity payments by the monthly CPP pension amount used in the actuarial computations that resulted in an increase under clause (a) or (b). Effect of early death on integrated allowance or annuity 29.2(3) If the member dies before reaching the age of 60 years, the board must cease to pay any increase that would otherwise be payable under clause (2)⁠(a) or (b) and must not apply the decrease that would otherwise apply under clause (2)⁠(c). S.M. 2011, c. 34, s. 19 ; S.M. 2020, c. 16, s. 20 . Election to integrate with OAS allowance 29.3(1) A member to whom a superannuation allowance or annuity becomes payable under this Act before reaching the age of 65 years may elect, in a form approved by the board and within the time allowed for electing an optional annuity under section 29, to have the allowance or annuity integrated in accordance with this section with the member's allowance under the Old Age Security Act (Canada) (referred to in this section as the "OAS allowance"). Method of integration 29.3(2) If a member makes the election, (a) the board must increase the monthly instalment of the allowance or annuity otherwise payable by an amount such that the actuarial value, as at the date of retirement, of the increased instalments is equal to the total of (i) the actuarial value, as at that date, of the monthly allowance or annuity instalments without integration, and (ii) the actuarial value, as at that date, of the monthly OAS allowance that will become payable to the member when he or she reaches the age of 65 years, assuming that no changes are made to the Old Age Security Act (Canada); (b) in the event of an increase in the monthly OAS allowance that will become payable to the member, the board may further increase the monthly instalment to reflect that increase, but is not required to do so; and (c) when the member reaches the age of 65 years, the board must reduce the monthly superannuation allowance or annuity payments by the monthly OAS allowance amount used in the actuarial computations that resulted in an increase under clause (a) or (b). Effect of early death on integrated allowance or annuity 29.3(3) If the member dies before reaching the age of 65 years, (a) if the member elected an annuity under section 29 that is payable for a minimum 10-year, 15-year or other specified period, the board must continue to pay the increased amount under clause (2)⁠(a) or (b) until the date on which the member would have reached the age of 65 years if he or she had lived; and (b) in any other case, the board must cease to pay any increase that would otherwise be payable under clause (2)⁠(a) or (b) and must not apply the decrease that would otherwise apply under clause (2)⁠(c). S.M. 2011, c. 34, s. 19 . Joint pension entitlement of spouse or common-law partner 30 If, at the commencement date of a member's superannuation allowance or annuity under this Act, (a) the member has a spouse or common-law partner; (b) the member and the spouse or common-law partner are not living separate and apart by reason of a breakdown in their relationship; (c) the spouse or common-law partner has not waived, in accordance with subsection 23(4) of The Pension Benefits Act , his or her entitlement to a joint pension or, having waived it, has revoked the waiver by giving the board a written notice of the revocation; and (d) the member has failed to elect an annuity that provides for monthly payments to the surviving spouse or common-law partner that are at least 66 2/3% of the monthly payments payable to the member; the board must treat the member as having elected the optional annuity described in clause 29(1)⁠(b) and pay that annuity in lieu of a superannuation allowance calculated under section 26 or any other annuity elected by the member. S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 19 . Definitions 31(1) The following definitions apply in this section. "disability allowance" means a superannuation allowance granted to a person under clause 28(1)⁠(d) and any additional allowance payable under section 28.1 to the person. (« allocation d'invalidité ») "partial disability" means a person's disability that is not so severe as to make the person incapable of pursuing any substantially gainful occupation but is so severe that the person is incapable of pursuing the occupation that he or she pursued before the disability. (« invalidité partielle ») "permanent" , in relation to a partial disability or a total disability means prolonged, in the sense that the disability is likely to be long continued and of indefinite duration, or likely to result in death. (« permanente ») "qualifying disability" means (a) a permanent total disability; or (b) a permanent partial disability. (« invalidité admissible ») "total disability" means a person's disability that is so severe that the person is incapable of pursuing any substantially gainful occupation. (« invalidité totale ») Entitlement to long term disability benefits 31(2) For the purposes of section 28 and this section, a person is considered to be entitled to long term disability benefits if he or she (a) is receiving long term disability benefits provided under a contract or otherwise for employees of the government or an agency of the government; or (b) is entitled under the terms of the contract or program under which they are provided to receive such long term disability benefits after the expiry of an initial waiting period. Report by employer 31(3) If the applicant for a disability allowance is an employee, the head of the department or agency in or by whom the applicant is employed must provide to the board, on receipt of a written request from the board, a report in a form approved by the board. Medical reports 31(4) The board may require the applicant for a disability allowance to do one or both of the following: (a) submit to the board a medical report completed by the applicant's physician; (b) submit to one or more examinations by one or more physicians acceptable to the board, and submit copies of the resulting medical reports to the board. Determination of disability 31(5) A determination by the board as to whether a person has a qualifying disability, and whether a qualifying disability is a total disability or a partial disability, is final subject only to a redetermination by the board under subsection (7) or (9). Status of employee receiving disability allowance 31(6) An employee who is receiving a disability allowance is deemed for the purposes of this Act other than this section, not to be an employee, and is therefore not permitted or required to make contributions under section 17 or 17.1 and not entitled to accumulate service. Adjustment because of change in disability 31(7) The board may from time to time review the disability of a person receiving a disability allowance and (a) if it determines that the recipient no longer has a total disability but has a permanent partial disability, reduce the monthly allowance to the amount that would be payable monthly if subsection 28(6) had applied when the allowance was granted; (b) if it determines that the recipient's disability, previously determined to be a partial disability, was a permanent total disability as at the commencement date, increase the allowance retroactively to the commencement date, to the amount that would be payable monthly if subsection 28(6) had not applied when the allowance was granted; or (c) if it determines that the recipient's disability has become a permanent total disability, increase the allowance, effective as of the first month after making that determination, to the amount that would be payable monthly if subsection 28(6) had not applied when the allowance was granted. Superannuation adjustments 31(8) If a disability allowance includes any superannuation adjustments made under section 33 before it is increased or reduced under subsection (7), the increased or reduced allowance continues to include those adjustments, and any future adjustment under section 33 applies to the increased or reduced allowance. Termination of disability allowance 31(9) The board may terminate a disability allowance when (a) in the case of an allowance being paid to a person with a partial disability who has not reached the age of 55 years or, having reached that age, continues to be an employee, (i) the person is no longer entitled to long term disability benefits referred to in subsection (2), or (ii) the board determines, based on one or more medical reports, that the person no longer has a qualifying disability; and (b) in the case of an allowance being paid to a person with a total disability, (i) the board determines, based on one or more medical reports, that the person no longer has a qualifying disability, (ii) the person has not reached the age of 60 years, and (iii) the person has not reached the age of 55 years or, having reached that age, has not reached the age at which his or her age and service total 80 years. Effect of termination — return to service 31(10) If a person whose disability allowance is terminated under subsection (9) continues as an employee or is re-appointed to the civil service and again becomes an employee, the period of service accumulated before the commencement date for the disability allowance is to be included for all purposes of this Act, even though the person received a disability allowance in relation to that service. Effect of termination — no return to service 31(11) If a person whose disability allowance is terminated under subsection (9) does not continue as an employee and is not re-appointed to the civil service, the person becomes a deferred member in relation to the period of service accumulated before the commencement date of the disability allowance and the person's pension benefit credit is not reduced as a result of the payment of the disability allowance. S.M. 1989-90, c. 59, s. 11 and 12; S.M. 1992, c. 57, s. 12 ; S.M. 2000, c. 50, s. 13 ; S.M. 2011, c. 34, s. 19 . 32 [Repealed] S.M. 1992, c. 57, s. 13 . Superannuation adjustments 33(1) Where on July 1 in any year, a superannuation allowance is payable to a person who retired on or before January 1 in the next preceding year, a monthly superannuation adjustment as determined under subsection (7) shall be paid to that person from and after the month of July in that year. Partial superannuation adjustment 33(2) Where, on July 1 in any year, a superannuation allowance is payable to a person who retired after January 1 and before August 1 in the next preceding year, there shall be paid to that person from and after the month of July in that year the percentage of the monthly superannuation adjustment that would have been payable to him under subsection (1) if he had retired before January 1 in the next preceding year which percentage is set out in column 2 of the following table opposite the month set out in column 1 of the following table in which he retired or became eligible for the superannuation allowance: Column 1 Month of Retirement Column 2 Percentage of Superannuation Adjustment payable January 91.67% February 83.33% March 75% April 66.67% May 58.33% June 50% Interim superannuation adjustment 33(3) Where, on the first day of a month, a superannuation allowance is payable to a person who retired in that month in the preceding year, there shall be paid to that person commencing in the 13th month after the month in which he retired the percentage of the monthly superannuation adjustment that would have been payable to him under subsection (1) if he had retired or become eligible for the superannuation allowance before January 1 of the next preceding year which percentage is set out in column 2 of the following table opposite the month set out in column 1 of the following table in which he retired: Column 1 Month of Retirement Column 2 Percentage of Superannuation Adjustment payable July 45.83% August 41.67% September 37.5% October 33.33% November 29.17% December 25% January 20.83% February 16.67% March 12.5% April 8.33% May 4.17% Superannuation adjustment to beneficiary 33(4) Where an employee or a retired employee has died or dies and any benefits, other than a refund, are payable to any other person under this Act in respect of that employee or retired employee, if this section would have applied to the deceased had he continued to live and had retired not later than the day of his death, the person to whom the benefits are payable shall be paid a monthly superannuation adjustment equal to 2/3 of the monthly superannuation adjustment that the deceased would have received had he continued to live, commencing (a) on the first day of the month following the date of the deceased's death; or (b) on the date on which the deceased would have commenced receiving the superannuation adjustment; whichever is the later and ceasing on the date the benefits cease to be payable. 33(5) and (5.1) [Repealed] S.M. 1992, c. 57, s. 14 . Approval of superannuation adjustment 33(6) A superannuation adjustment calculated under subsection (7) or (7.1) does not become effective until it is approved by the board and may at any time before it becomes effective, upon the recommendation of the actuary and if the board deems it warranted by prevailing circumstances and except where the Lieutenant Governor in Council directs that the amendment shall not be made, be amended by the board to reduce the amounts thereof to such lesser amounts as the board deems advisable. No entitlement to adjustment before effective date 33(6.1) For greater certainty, (a) no person is entitled to a superannuation adjustment under this section before the day it becomes effective; and (b) a superannuation adjustment under this section must not be included in determining the commuted value of a pension under this Act before the day the adjustment becomes effective. Calculation of superannuation adjustment 33(7) Subject to subsections (7.1) and (8), the amount of the monthly superannuation adjustment payable to a person under subsection (1) in any year is the amount calculated for that person in accordance with the following formula: Monthly superannuation adjustment = I × A In this formula, I is the percentage increase in the Consumer Price Index for Canada on December 31 next preceding July 1 in the year in which payment is to be made under subsection (1) over the Consumer Price Index for Canada at December 31 in the next preceding year; and A is the monthly superannuation allowance that would be payable to him if calculated under section 26 or 28 together with any supplementary allowance and any superannuation adjustment that is already being paid to him. Calculation for 20 year pre-funding 33(7.1) Whenever in the opinion of the actuary the superannuation adjustment account is not in a state of pre-funding sufficient to ensure its ability to make all required adjustment payments on a continuing basis for the immediately ensuing period of 20 years, the percentage increase used in I of the formula set out in subsection (7) shall be reduced by one third. Actuarial reduction in adjustment 33(8) If, in the opinion of the actuary, payment in any year of the total superannuation adjustments provided for under this section would result in an unfunded liability, as at December 31 of the preceding year, in the superannuation adjustment account established for the payment of the fund's share of such adjustments, the level of the Consumer Price Index for Canada at the end of the year in which the calculations under subsection (7) are based shall be deemed to be at such a level as will, in the opinion of the actuary, result in no unfunded liability in the superannuation adjustment account. Adjustment after break-up 33(9) Where, pursuant to subsection 31(2) of The Pension Benefits Act , the pension benefit credit of a person has been divided between the person and the spouse or the former spouse of the person or the former common-law partner of the person, and the person becomes eligible for a superannuation adjustment payable under subsection (1), for the purpose of the calculation required under subsection (7), the years of service of the person shall be the number of years calculated in accordance with the following formula: Y = S − (S × V/A) In this formula, Y is the number of years of service, including parts of years expressed in decimals to three or four decimal places, of the person for the purposes of the calculation required under subsection (7); S is the number of years of service, including parts of years to three or four decimal places, of the person as an employee under this Act; V is the value as of the date of retirement of the person that the part of the person's pension benefit credit, which on division under subsection 31(2) of The Pension Benefits Act was transferred to or to the account of the person's spouse, former spouse or former common-law partner, would have had if it had been transferred to a separate money purchase account and been left there accumulating interest until that date of retirement; and A is the commuted value, as of the date of retirement of the person, of a superannuation allowance calculated under subsection 26(1) with no reduction because of any optional pension selected or required under section 29 or 30 or due to the division of the person's pension benefit credit but with any reduction calculated under section 29 or 30. Funding of adjustment account 33(10) The surplus in the fund as at December 31, 1986, shown in the actuarial report of the fund as at that date to be $31,788,810., shall be transferred to the superannuation adjustment account on January 1, 1989, subject to the following conditions, to be used for funding adjustments made on or after July 1, 1990: (a) Out of the surplus so transferred, the board may authorize $8,156,600., being that portion of the surplus attributed to the excess investment earnings on the assets supporting the liabilities for participants who were receiving pension benefits during the valuation period ending December 31, 1986, to be used, if required, to finance superannuation adjustments calculated in accordance with subsection (7). (b) Where the $8,156,600. authorized to be used under clause (a) is insufficient to pay the required superannuation adjustments, the board may authorize such additional amount out of the surplus so transferred that, as determined by the actuary, may be attributed to the excess investment earnings on the assets supporting the liabilities for participants who began receiving pension benefits subsequent to December 31, 1986, to be used to finance superannuation adjustments calculated in accordance with subsection (7). (c) Any balance remaining out of the surplus so transferred, after using the amounts, if any, authorized under clauses (a) and (b), shall remain in the adjustment account until the actuary is satisfied that 20 year pre-funding of the adjustment account on a continuing basis has occurred, and while so held in the adjustment account the balance shall be credited with the adjustment account's prevailing rate of return. Additional funding of adjustment account 33(10.1) The sum of $145,000,000. shall be transferred from the indexing reserve established in the fund as of December 31, 2007, to the superannuation adjustment account as soon as practicable after this subsection comes into force, and shall be used for future indexing over a 30-year period in a manner to be determined by the board on the recommendation of its actuary. Adjustment applicable to additional allowance 33(11) Where a person is entitled to an additional allowance under section 28.1, a monthly adjustment to the allowance, calculated in accordance with subsection 33(7), shall also be granted, but the adjustment shall cease to be payable on the date the allowance ceases to be payable. S.M. 1989-90, c. 59, s. 13 to 18; S.M. 1992, c. 57, s. 14 ; S.M. 2001, c. 37, s. 1 ; S.M. 2002, c. 47, s. 1 ; S.M. 2009, c. 30, s. 7 ; S.M. 2011, c. 34, s. 20 . Increase in deferred allowance 34 The annual superannuation allowance or annuity granted to a person who, prior to retirement, had elected to leave his contributions in the fund and to have the provisions of this Act continue to apply to him or granted to another person by reason of his death shall, on his retirement or death, be increased by any percentage increases in the consumer price index for Canada, for the years after December 31 in the year in which he ceased to be an employee and ending on December 31 immediately preceding his retirement or death as the case may be, that are equivalent to the percentage increases for those years in the consumer price index for Canada, adjusted in accordance with subsection 33(8) in respect of any year in which the actuary adjusts the level of the consumer price index for Canada under that subsection, that are used in the calculation of supplementary allowances or superannuation adjustments paid to persons who have retired. Period of war service counted as service 35(1) Where a person at any time before his enlistment or engagement as hereinafter mentioned was an employee and enlisted or was engaged in such capacity that he would be entitled to receive a preference under section 14 of The Civil Service Act as it read immediately before it was repealed if he applied to be appointed or assigned to a position in the civil service of the province as that term was defined in The Civil Service Act as it read immediately before it was repealed, and (a) in the case of enlistment or engagement during the First Great War, 1914-1918, again became an employee within two years after his discharge or release from the service in which he was enlisted or engaged; or (b) in the case of enlistment or engagement during the Second Great War or during the military operations undertaken by the United Nations to restore peace in the Republic of Korea, again became an employee (i) within two years after his discharge or release from the service in which he was enlisted or engaged, or (ii) within one year after the cessation of any disability that, in the opinion of the board (which shall be conclusive in the matter) prevented him from performing the duties of an employee, and that resulted from, or was caused by, wounds or injuries received during his service as aforesaid or resulted from illness contracted by reason of that service, or (iii) within one year after completion, to the satisfaction of the board, of a course of vocational, technical, educational, or other training which he began within one year after his discharge or release as aforesaid or the cessation of a disability mentioned in subclause (ii); the period of his enlistment or engagement as mentioned in clause (a) or (b) shall be included in computing his years of service for the purposes of this Act. 35(1.1) to (4) [Repealed] S.M. 2020, c. 16, s. 21 . Determining length of service 35(5) An employee's length of service must be computed for the purposes of this Act from the date on which the employee first contributed to the fund. 35(6) [Repealed] S.M. 2020, c. 16, s. 21 . Leave of absence without pay 35(7) Subject to sections 21 and 21.1, any period of leave of absence without salary granted to an employee or any period of suspension of an employee without pay must not be included in computing the employee's length of service for the purposes of this Act. Employee transferred 35(8) Where an employee is transferred from one position in the civil service, including any extension of the meaning of the civil service under subsection 2(1), to another position in the service, the length of service of the employee shall be computed for the purposes of this Act as though the transfer had not been made. Leave of absence with partial pay 35(9) Unless section 21 applies, if an employee is granted a leave of absence with a portion of their salary during the leave payable directly or indirectly by the government, (a) the employee must be deemed to continue as an employee during the leave for the purposes of this Act; (b) the employee must contribute to the fund during the leave, but only in respect of that portion of their salary paid directly or indirectly by the government; and (c) the employee continues to accumulate service for the purposes of this Act, but the accumulated service, at any time during the leave, must be determined in accordance with the following formula: A = B × C/D In this formula, A is the length of service that has accumulated during the leave; B is the elapsed period of the leave; C is the salary received by the employee during the elapsed period of the leave paid directly or indirectly by the government; and D is the total salary the employee would have received during the elapsed period of the leave, paid directly or indirectly by the government, if the employee had not been on leave and instead had continued in their regular employment. Disability allowance and early retirement 35(10) Where, immediately before becoming an employee under this Act, a person was employed for a period (a) by a corporation or other organization the business, undertaking, or operations of which, or that part of that business, undertaking, or operations in connection with which he or she was employed, have been acquired, assumed, or taken over by the government; or (b) by the government or by an agency of the government in such a capacity or manner that he or she was not an employee under this Act; or (c) consecutively by (i) the government and any one or more of the corporations, organizations, or agencies to which clauses (a) and (b) apply, or (ii) any two or more of those corporations, organizations, or agencies; the person's service under this Act includes, for the purpose of determining whether clause 28(1)⁠(d) or subsection 28(4) or (5) or 45(1) applies, any period during which he or she was employed as described in clause (a), (b) or (c). Corporations included 35(11) Without restricting the generality of subsection (10) (a) the corporations or other organizations to which reference is made therein include Manitoba Hospital Service Association, Manitoba Medical Service, Winnipeg Electric Company, and The Metropolitan Planning Commission; and (b) the persons to whom that subsection applies include any person who, having been employed in connection with the work of full-time health districts under The Public Health Act , subsequently becomes or became employed under the government, and his period of service in connection with a full-time health district is the period of service to which subsection (10) relates. Accrued vacations on retirement 35(12) Where a person ceases to be an employee or retires and is entitled to payment of an amount in respect of accrued vacations, his service shall not include the period of the accrued vacations in respect of which the payment is made and the person's salary shall not include more than two years vacation accrued up to a maximum of 50 vacation days. Qualifying service 35(13) The total of the periods of continuous employment that a person has in the fund shall be used to determine the person's eligibility for benefits accrued as a result of separate periods of service. S.M. 1989-90, c. 59, s. 19 ; S.M. 1989-90, c. 91, s. 11 ; S.M. 2011, c. 34, s. 21 ; S.M. 2020, c. 16, s. 21 ; S.M. 2021, c. 11, s. 72 . Continuity of service 36 Subject to section 20 and subsection 31(10), if an employee leaves the civil service and subsequently re-enters the civil service, the person must be treated as a new employee and any former service must not be considered in computing the employee's length of service for the purposes of this Act. S.M. 2011, c. 34, s. 22 ; S.M. 2020, c. 16, s. 22 . 37 [Repealed] S.M. 1989-90, c. 91, s. 11 ; S.M. 2020, c. 16, s. 23 . 38 [Repealed] S.M. 1989-90, c. 59, s. 20 ; S.M. 1989-90, c. 91, s. 11 ; S.M. 1992, c. 57, s. 15 ; S.M. 2000, c. 50, s. 14 ; S.M. 2011, c. 34, s. 23 . Workers Compensation Act 39(1) Subject to subsection (2), where an employee, who is otherwise entitled to receive a superannuation allowance under this Act because of being retired from the service on account of total and permanent disability, is also entitled to compensation under or in accordance with The Workers Compensation Act , he shall not receive the allowance under this Act. Alternative privileges 39(2) An employee to whom subsection (1) applies shall elect, at the time of his retirement from the service, either (a) to be paid from the fund a sum equal to the amount of the contributions made by him to the fund, without interest; or (b) to receive an annual superannuation allowance equal to one-half of the annual superannuation allowance, computed in accordance with section 26, that he would have received if he had not been totally and permanently disabled. Payment of benefits under subsection (2) 39(3) An employee to whom subsection (1) applies shall be paid from the fund the sum mentioned in clause (2)⁠(a) or the superannuation allowance mentioned in clause (2)⁠(b) according to his election; and, if he elects to receive an allowance as mentioned in clause (2)⁠(b), (a) he shall begin to receive the allowance at the time, fixed under section 28, when he would have received a superannuation allowance if he had not been totally and permanently disabled; and (b) he shall, from the time he so elects, and for the purposes of section 41 only, be deemed to be a person to whom a superannuation allowance has been granted. Election re temporary total disability 39(4) Where, under The Workers Compensation Act , an employee is awarded compensation for a temporary total disability caused by an accident arising out of and in the course of his employment as an employee, he may, within two months after the date that the award is made under that Act by notice in writing to the board, elect to continue as a contributor during the period he is receiving the compensation for the temporary total disability. Contributions required 39(5) Where an employee makes an election under subsection (4), he shall, during the period he is receiving the compensation for the temporary total disability, contribute to the fund on the basis of the salary he would be entitled to receive from time to time had he continued to be employed in the position he had at the time of the accident causing the disability and, if at that time, he was a person deemed to be an employee under subsection 6(3), his employer at that time shall continue to make contributions during that period as required under subsection 6(5) on the basis of that salary as though the employee continued to be an employee of that employer during that period. Late election under Workers Compensation 39(6) Where, under The Workers Compensation Act , an employee is awarded compensation for a temporary total disability caused by an accident arising out of and in the course of his employment as an employee, he may at any time before the expiration of 18 months after the end of the period in respect of which the compensation is paid apply to the board to have the whole or a part of that period included in computing his service for the purposes of this Act. Where application to be granted 39(7) Where the board recàeives an application under subsection (6), it shall grant the application if (a) at the time the application is made the applicant is still receiving compensation for the temporary total disability or has returned to his employment and is an employee or has retired under this Act and is receiving an allowance other than a disability allowance under this Act; and (b) the applicant agrees in writing to pay to the fund, in a lump sum or by instalment, the amount determined by the following formula plus interest on that amount determined in accordance with subsection 63(8): C = 2P × S × Y In this formula, C is the amount of the contribution to be paid by the applicant; P is the percentage determined by clause 17(1)⁠(b) as at the date of the application; S is the applicant's annual salary rate as at the date of the application; Y is the period to be included in computing the applicant's service, expressed as a number of years, including any part of a year, to four decimal places. Annual salary rate while on compensation 39(8) For the purpose of clause (7)⁠(b), where an applicant makes an application under subsection (6) while he is receiving compensation under The Workers Compensation Act , his annual salary rate as at the date of making the application is his annual salary rate immediately preceding the date of commencement of the disability in respect of which the compensation is paid. Computation of service 39(9) Where an employee makes an election under subsection (4) or an application of an employee under subsection (6) is granted, the period during which he receives compensation for the temporary total disability under The Workers Compensation Act , or that part of the period to which his application refers, shall be included in computing his service for the purposes of this Act. S.M. 2011, c. 34, s. 24 . Payment of allowances and annuities 40(1) Subject to any adjustment required by this or any other Act of the Legislature, the Income Tax Act (Canada) or the regulations under that Act, an allowance or annuity payable under this Act is to be paid in equal monthly instalments beginning on or before the last day of the month following the month that includes the commencement date for the allowance or annuity, but (a) the monthly instalments may be based on an estimate until the monthly amount is accurately determined by the board; and (b) in the case of an allowance granted under clause 28(1)⁠(d) (disability), payment of any monthly instalment that falls due before the board makes the decision to grant the allowance may be deferred until the end of the month following the month in which the board makes that decision. Final payment for month of death 40(2) When a person entitled to an allowance or annuity dies, the last monthly instalment payable to that person is the payment due for the month in which death occurred. S.M. 2011, c. 34, s. 25 . Repayment 41 Notwithstanding any other provision of this Act, where an employee, or a retired employee to whom an annual superannuation allowance or annuity has been granted, or any other person to whom, after the death of the employee or the retired employee, an allowance or annuity becomes payable or the superannuation allowance or annuity continues to be payable, dies before the aggregate of the instalments of the superannuation allowance or annuity that have been paid, including any increased amounts payable under sections 29.2 and 29.3, the supplementary allowance payable under section 33 and any excess employee contributions previously paid, are equal to the total of (a) the contributions of the retired or deceased employee to the fund; (b) the interest on those contributions made for service before January 1, 1984, at the rate of 3% per year compounded yearly and computed in respect of the period between the date on which the employee made to the fund the contributions to be refunded and the date on which he retired or died; (c) the interest on those contributions made for service after December 31, 1983 up to the date on which he retired or died; and (d) any amounts paid to the fund under section 63, other than (i) amounts credited to a postponed pension account, or (ii) accrued interest, where an employee chose to pay the amount required in instalment payments; the board shall pay to the deceased's estate a sum equal to the remaining portion of that total. S.M. 1989-90, c. 59, s. 21 ; S.M. 1989-90, c. 91, s. 11 ; S.M. 1992, c. 57, s. 16 ; S.M. 2011, c. 34, s. 26 ; S.M. 2020, c. 16, s. 24 . Election to remain entitled to deferred pension 42(1) Within 90 days after ceasing to be an employee or any extended period allowed by the board, a former employee who has not yet reached the maximum retirement age may elect, in the form and manner approved by the board, to remain a member entitled to a deferred pension until (a) he or she becomes eligible to receive it, and applies for it; or (b) his or her pension benefit credit is withdrawn or transferred from the fund. Request for withdrawal or transfer 42(2) Subject to subsection (2.1), a former employee, including a deferred member, may, at any time before the commencement of his or her pension under this Act, make a request to the board, in the form and manner approved by the board, for the withdrawal or transfer in accordance with The Pension Benefits Act of (a) his or her pension benefit credit determined as of (i) the date of termination of his or her employment, if the request is made within 90 days after that date or within any extended period authorized by board, or (ii) the date of the request, if it is made after the end of the 90-day or extended period referred to in subclause (i); and (b) interest on that amount from the date as of which the pension benefit credit is determined to the date of the withdrawal or transfer. No repayment 42(2.1) Subject to subsection 20(2) (return to civil service within three years), a former employee who has withdrawn or transferred an amount under subsection (2) is not entitled to repay the amount into the fund. Reciprocal transfer not considered repayment 42(2.2) A transfer into the fund from another pension plan under the terms of a reciprocal transfer agreement does not constitute a repayment for the purpose of subsection (2.1). Calculation of pension benefit credit 42(3) Unless the member requesting the withdrawal or transfer has accumulated at least 10 years of service and reached the age of 55 years, the commuted value to be included in the pension benefit credit (a) is the actuarial present value, as determined by the board's actuary as at the date of the withdrawal or transfer, of the allowance that would be payable to the member if it were commencing on the date that the member reached the normal retirement age; and (b) for greater certainty, does not include the commuted value of any early retirement benefits (such as the benefits resulting from the application of subsection 28(5) and section 28.1) to which the member would have been entitled if he or she had accumulated at least 10 years of service and reached the age of 55 years. Board to comply 42(4) If the requested withdrawal or transfer meets the requirements of The Pension Benefits Act and the regulations under that Act, the board must comply with the request. S.M. 1989-90, c. 59, s. 22 to 25; S.M. 1989-90, c. 91, s. 11 ; S.M. 1992, c. 57, s. 17 ; S.M. 1996, c. 55, s. 13 ; S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 27 ; S.M. 2020, c. 16, s. 25 . Contributions over 50% of commuted value 43(1) Where an employee or former employee or the surviving spouse or common-law partner of a former employee commences to receive a superannuation allowance, optional annuity or pension, or applies to transfer a deferred pension, the board shall calculate the commuted value of that part of the superannuation allowance, optional annuity, pension, survivor benefit or deferred pension which is calculated in respect of service after December 31, 1984, and if the contributions of the employee or former employee to the fund for service after December 31, 1984, and interest accumulated thereon, exceed 50% of that commuted value the board shall (a) transfer the excess into a separate money purchase account for the employee, former employee, surviving spouse or common-law partner to provide an additional benefit to the employee, former employee, surviving spouse or common-law partner by way of an annuity payable for life or in accordance with the regulations under section 64; or (b) if the employee, former employee, surviving spouse or common-law partner, within 90 days of being informed by the board of the amount of the excess so requests the board in writing, refund the excess to the employee, former employee, surviving spouse or common-law partner, or transfer it to any registered retirement savings plan or registered pension account designated in the request. Adjustment account credits 43(2) For the purposes of subsection (1) the contributions of an employee or former employee to the fund shall be calculated by deducting from the actual amounts contributed to the fund by the employee or former employee, any portion thereof credited to the superannuation adjustment account under subsection 13(2) and the interest on the contributions of an employee or former employee to the fund shall be calculated by deducting from the interest on the actual amounts contributed to the fund, any interest accumulated on the portion of the contributions credited to the superannuation adjustment account under subsection 13(2). Transferred amount may not be repaid 43(3) No person is entitled to (a) repay to a money purchase account an amount transferred to the account under clause (1)⁠(a) — or any portion of such an amount — that has been withdrawn from the money purchase account under subsection 64(5);

or (b) repay to the fund an amount that has been refunded or transferred under clause (1)⁠(b). However, this subsection does not apply to an amount to which subsection 20(2) applies. S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 28 ; S.M. 2020, c. 16, s. 26 . Division of family assets 44(1) Where pursuant to subsection 31(2) of The Pension Benefits Act , the pension benefit credit of an employee or former employee is divided, the portion of the pension benefit credit to which the spouse, former spouse or common-law partner of the employee or former employee is entitled on the division shall be transferred by the board (a) to a registered retirement savings plan or registered pension account designated by the spouse, former spouse or common-law partner in writing addressed to the board; and (b) until the spouse, former spouse or common-law partner so designates a registered retirement savings plan or registered pension account, to a money purchase account in the accounts of the board. Reduction in credits on division of assets 44(2) Where the pension benefit credit of an employee has been divided pursuant to subsection 31(2) of The Pension Benefits Act , and the employee subsequently becomes entitled to payment of a superannuation allowance, annuity or pension under this Act, or a transfer of pension benefit credits, (a) any superannuation allowance, annuity or pension to which the employee would be entitled under this Act, other than this section, shall be reduced by 1/2 of the pension accrued during the period on the basis of which the division was made and which would have been payable to the employee in the month of his retirement if the employee had retired on the date used for the calculation of the division of the pension benefit credit and had been granted a pension which was not subject to any penalty for early retirement and which had been adjusted in accordance with section 33 to the month of retirement; and (b) the amount of any transfer of pension benefit credits made in respect of the employee shall be the amount which would be transferred under this Act, other than this section, reduced by the actuarial present value, at the time of the transfer, of the pension reduction described in clause (a). Reduction of pension on division of assets 44(3) Where the pension benefit credits of a person receiving a superannuation allowance, annuity or pension under this Act are divided pursuant to subsection 31(2) of The Pension Benefits Act , the superannuation allowance, annuity or pension payable to the person shall be reduced as of the date of the division to a pension which can, in the opinion of the actuary, be provided by an amount equal to (a) the commuted value of the superannuation allowance, annuity or pension payable to the person under this Act, other than this section, as of the date of the division; less (b) the amount which was transferred to the credit of the spouse, former spouse or common-law partner of the person. S.M. 1992, c. 57, s. 18 ; S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 29 . Pre-retirement death benefit entitlement of surviving spouse or common-law partner 45(1) A spouse or common-law partner of an employee or deferred member is entitled to a death benefit under this section if (a) the employee or deferred member dies before his or her date of retirement and is survived by the spouse or common-law partner; (b) immediately before the death, they were not living separate and apart from each other by reason of a breakdown in their relationship; and (c) the spouse or common-law partner has not waived his or her right to the death benefit. Death benefit 45(2) Subject to subsection (3), the death benefit payable to the surviving spouse or common-law partner entitled to a death benefit under this section is (a) if the deceased had less than 10 years of service, a pension with a commuted value equal to the lump sum that would have been payable to the estate under subsection (5) if the deceased had not been survived by the spouse or common law-partner; or (b) if the deceased had at least 10 years of service, a pension with a commuted value equal to the greater of (i) the lump sum that would have been payable to the estate under subsection (5) if the deceased had not been survived by the spouse or common law-partner, and (ii) the commuted value, based on the life of the spouse or common-law partner, of a monthly pension equal to 60% of the monthly pension that would have been payable to the deceased if he or she had not died but had retired on the day of his or her death and had reached the age of 65 years on that day. Limitation 45(3) The monthly pension payable under subsection (2) cannot exceed the maximum monthly pension that, according to the regulations applicable to registered pension plans under the Income Tax Act (Canada), may be paid to the surviving spouse or common-law partner of a deceased employee. Transfer by surviving spouse or common-law partner 45(4) The surviving spouse or common-law partner may, instead of receiving a pension under this section, request the board to transfer the commuted value of the pension in accordance with The Pension Benefits Act and the regulations under that Act. Pre-retirement death — refund to estate 45(5) If an employee or a deferred member dies before the commencement of his or her pension under section 28 and is not survived by a spouse or common-law partner who is entitled to a death benefit under this section, the board must refund or pay to the deceased's estate, an amount equal to the greater of (a) the deceased's accumulated contributions plus interest as determined by the board in accordance with The Pension Benefits Act and the regulations under that Act; and (b) the amount determined under subclause (i) or (ii), whichever applies: (i) if the deceased had accumulated 10 or more years of service, the pension benefit credit, as at the date of death, to which he or she would have been entitled under this Act if (A) he or she had not died but had ceased to be an employee on the date of his or her death, (B) section 28 were read without the requirement to have reached the age of 55 years, and (C) in circumstances where the deceased did not reach the age of 60 years and his or her age and service at the time of death totalled less than 80 years, subsections 28(5) and (6) and subsections 28.1(1) to (3) had applied in determining the pension benefit credit, (ii) if the deceased had accumulated less than 10 years of service, the pension benefit credit, as at the date of death, to which he or she would have been entitled under this Act if (A) he or she had not died but had ceased to be an employee on the date of his or her death, and (B) in circumstances where the deceased did not reach normal retirement age, subsection 28(4) had applied in determining the pension benefit credit. S.M. 1996, c. 55, s. 14 ; S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 30 ; S.M. 2020, c. 16, s. 27 . 46 [Repealed] S.M. 2011, c. 34, s. 31 . No repayment in certain cases 47 Except as provided in sections 39, 41, 43 and 45, no person is entitled to the return of any contributions or any part thereof made to the fund. S.M. 2011, c. 34, s. 32 . Deduction of certain insurance premiums 48 Where a person to whom a superannuation allowance is payable is liable for the payment of any premium for benefits under a group insurance scheme or plan covering employees or persons to whom superannuation allowances are payable, if he applies to the board for the purpose, the board may deduct from the payments of the superannuation allowance the amounts of that premium and remit the amounts so deducted to the person to whom the premiums are payable. Mentally incapable annuitant 49 The board may pay an annual allowance payable to a person under this Act to (a) the person's committee under The Mental Health Act ; or (b) the person's substitute decision maker for property appointed under The Adults Living with an Intellectual Disability Act , if the substitute decision maker has the power to receive payments on behalf of the person; and the payment shall be a discharge of any liability of the board under this Act. S.M. 1993, c. 29, s. 174 ; S.M. 2020, c. 16, s. 28 ; S.M. 2023, c. 19, s. 84 . Interest on payments 50 If an amount is payable under section 41 or subsection 45(5), the board must pay interest on the amount from the date of death to the date of payment. S.M. 1989-90, c. 91, s. 11 ; S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 33 ; S.M. 2020, c. 16, s. 29 . Payment may be suspended 51 The board may at any time suspend further payments on account of an annual superannuation allowance pending the production to the board of proof satisfactory to it that the person entitled thereto is still alive. Transferred employees 52(1) Where, by agreement between the Government of Canada and the Government of Manitoba, employees of the executive government of the province, or of any agency of the government, some or all of the members, officers, and employees of which have been classified or designated under clause 2(1)⁠(b), are transferred as a group to the service of the Government of Canada, and thereby become members of the Civil Service of Canada, the Lieutenant Governor in Council may, by order in council, designate those employees, or any one or more of them as transferred employees, and fix the date of the transfer. Designation of certain teachers 52(2) The Lieutenant Governor in Council may designate as a transferred employee a person who was, immediately before the transfer of the Manitoba Teachers' College to The University of Manitoba, an employee and a teacher in the Manitoba Teachers' College, and is, immediately after the transfer, a member of the teaching staff of The University of Manitoba in the Faculty of Education. 52(3) [Repealed] S.M. 2011, c. 34, s. 34 . Eligibility for disability allowance 52(4) In determining for the purpose of clause 28(1)⁠(d) whether a person designated as transferred employee under subsection (2) has met the 10-year service requirement, his or her years of service include any period of service on the teaching staff of The University of Manitoba. Benefit of section 42 52(5) A person designated as a transferred employee under subsection (2) is entitled to the benefit of section 42 and in such a case, the expression "ceases to be an employee" as used in that section shall be deemed to refer to his ceasing to be employed on the teaching staff of The University of Manitoba. Section 17 not applicable 52(6) A transferred employee, from the date of his transfer, is not subject to section 17. Allowance for transferred employees 52(7) The board shall grant to each transferred employee as of the first day of the month next following the month in which he reaches the age of 65 years, an annual superannuation allowance computed in accordance with section 26 or section 29, as the case may be. Early allowance for transferred employee 52(8) A transferred employee may apply to the board for a superannuation allowance under section 28 to commence on the day that he or she reaches the age of 55 years, the date specified in the application or the day the completed application is received by the board, whichever is the latest. Disabled transferred employees 52(9) Where a transferred employee has served in the civil service and in the Civil Service of Canada for a combined total period of 15 years or upwards, and is retired from the Civil Service of Canada on account of total and permanent disability, he is entitled to the benefits of section 31. 52(10) [Repealed] S.M. 2011, c. 34, s. 34 . Service of transferred employee 52(11) In computing the annual superannuation allowance payable to a transferred employee the expression "service" where it appears in section 26 shall be deemed to mean service in the civil service of the province only. 52(12) [Repealed] S.M. 2011, c. 34, s. 34 . S.M. 1989-90, c. 91, s. 11 ; S.M. 2011, c. 34, s. 34 . Definitions 53(1) In this section, "reciprocating employer" means (a) the Government of Canada, or an agency thereof, or (b) the government of a province or territory in Canada, other than Manitoba, or an agency thereof, or (c) a municipality in Canada but not in Manitoba, or (d) a school division, school district or school area in Canada but not in Manitoba, or (e) an educational institution in Canada but not in Manitoba, or (f) a hospital or associated health care facility in Canada but not in Manitoba, or (g) an employer in Canada, and in Manitoba, other than any of the employers set out in clause (a) to (f), designated by the Lieutenant Governor in Council as a reciprocating employer for the purposes of this section, if the employer has established or is participating in any plan or scheme that provides pension, superannuation or disability benefits for and in respect of its employees; (« employeur participant ») "reciprocating Manitoba employer" means (a) the government, or an agency thereof, or (b) a school division, school district or school area in Manitoba, or (c) a university in Manitoba, or (d) a municipality in Manitoba, or (e) a hospital or associated health care facility in Manitoba, or (f) an employer in Manitoba, other than any of the employers set out in clauses (a) to (e), whose employees are eligible to contribute to the fund, or (g) an employer in Manitoba, other than any of the employers set out or described in clauses (a) to (f), designated by the Lieutenant Governor in Council, if the employer has established or is participating in any plan or scheme that provides pension, superannuation or disability benefits for and in respect of its employees. (« employeur participant du Manitoba ») Application of section 53(1.1) This section applies to every person who transferred under a reciprocating Manitoba employer arrangement before January 1, 1996. Periods of employment to be combined 53(2) Where a person, after June 30, 1973, (a) ceases to be employed with a reciprocating Manitoba employer and becomes an employee under this Act; or (b) ceases to be an employee under this Act and becomes employed with a reciprocating Manitoba employer; the total of the period of service that the person has under this Act and the period of service that the person has under the plan operated in respect of employees of the reciprocating Manitoba employer shall be the person's period of service under this Act for the purposes of (c) determining his or her eligibility for an allowance, annuity or pension under this Act; and (d) determining the eligibility of the person's spouse or common-law partner to an allowance, annuity or pension under this Act; (e) [repealed] S.M. 2011, c. 34, s. 35 ; but otherwise the amount of allowance, annuity or pension payable to him under this Act shall be based on his period of service under this Act and shall be determined as at the date that the payment of the allowance, annuity or pension is to commence. Arrangements re periods of service 53(3) Subject to subsection (4), the board may enter into an agreement with any reciprocating employer, or authority charged with the administration of a pension, superannuation or disability benefits plan or fund for or in respect of employees of a reciprocating employer, whereby (a) a person who becomes an employee under this Act after June 30, 1973 may, for the purposes of this Act, obtain credit for all or part of a period of service credited to him under the plan operating in respect of employees of the reciprocating employer; and (b) a person who becomes employed with the reciprocating employer after June 30, 1973 may, for the purposes of any plan operating in respect of employees of that employer, obtain credit for all or part of a period of service as an employee under this Act. Restriction on reciprocal agreements 53(4) Where an agreement with a reciprocal employer or an authority charged with the administration of a pension, superannuation or disability benefits plan or fund for or in respect of employees of a reciprocating employer, provide for payment from the fund in respect of the transfer of any employee of an amount that exceeds twice the total of the aggregate of the contributions of the employee to the fund and the accumulated interest in respect of the employees contribution to the fund, the board shall not enter into the agreement without the consent of the Lieutenant Governor in Council. Contents of agreement 53(5) An agreement entered into under subsection (3) may include (a) the terms and conditions upon which superannuation allowances or refunds may be granted; (b) the amount and date of payment of any superannuation allowance or refund granted; (c) the rate of interest payable with respect to any superannuation allowance or refund granted; (d) provisions respecting the amount of credit allowable for any prior period of employment, and the amount of moneys transferable between employers for the purposes of that credit; (e) provisions allowing a person who terminated service on or after July 1, 1973, and received a refund of his contributions and interest to pay the amount refunded to the fund from which the refund came and to be included under the agreement as if he had left his contributions in the fund. 53(6) [Repealed] S.M. 1996, c. 55, s. 17 . Maximum limit of allowance 53(7) Where the amount of a superannuation allowance calculated under this section exceeds the amount of a superannuation allowance calculated under this Act but without the benefit of this section, for the same number of years of service and for equivalent employment under this Act, the amount of the superannuation allowance shall be reduced to the amount calculated without the benefit of this section. Recovery of payments 53(8) Where the board pays from the fund, in respect of a person who becomes employed by a reciprocating employer, an amount determined in accordance with an agreement entered into under subsection (3), it shall recover from the employer with whom the person was employed immediately before he ceased to be an employee within the meaning of this Act, and that employer shall pay to the board, an amount equal to 1/2 of the amount paid by the board in respect of that person in accordance with the agreement together with interest thereon at the rate determined under subsection 63(8) calculated from the date the board notified the employer of the amount required to be paid to the date the voucher for the payment is issued by the employer. Payment of portion of amounts received 53(9) Where the board receives, in respect of a person who was previously employed by a reciprocating employer, an amount determined in accordance with an agreement entered into under subsection (3), it shall pay to the employer with whom the person has become, following the termination of his employment with the reciprocating employer, an employee within the meaning of this Act, an amount equal to 1/2 of the amount received by the board in respect of that person in accordance with the agreement together with interest thereon at the rate determined under subsection 63(8) calculated from the date the board receives the amount to the date it issues a voucher for the payment. Definition and application 53(10) In subsections (8) and (9), "employer" when not used as part of the expression "reciprocating employer" means the government or an agent of the government or any person, association, board, commission or other entity, persons employed by which are employees within the meaning of this Act, but subsections (8) and (9) do not apply in respect of an employer who was required to make contributions under subsection 6(5). Receipt of moneys 53(11) Where a person who ceased to be employed with a reciprocating Manitoba employer and became an employee under this Act and to whom subsection (2) applies, becomes employed with a reciprocating employer to whose employees an agreement made under subsection (3) applies, if the agreement provides for the transfer of moneys in respect of service with the reciprocating Manitoba employer the board may receive moneys from the reciprocating Manitoba employer in respect of the employee's service with the reciprocating Manitoba employer for transfer under the agreement. Payment of moneys 53(12) Where a person who ceased to be an employee under this Act and became employed with a reciprocating Manitoba employer and to whom subsection (2) applies becomes employed with an employer (in this subsection referred to as "the new employer") to whose employees an agreement made by the reciprocating Manitoba employer respecting a transfer of pension, superannuation and disability benefits contributions made by the person and the recognition of service with the reciprocating Manitoba employer for the purpose of calculating pension, superannuation or disability benefits under a plan or scheme established for the benefit of the employees of the new employer, if the agreement provides for the transfer of moneys in respect of service as an employee under this Act, the board may transfer to the reciprocating Manitoba employer an amount not exceeding twice the total of the aggregate of the contributions of the employee to the fund and the accumulated interest in respect of the employee's contributions to the fund and subsection (8) applies with such modifications as the circumstances require to the payments from the fund to the reciprocating Manitoba employer. Agreements re qualifying service 53(13) The board may enter into an agreement with an employer, other than a reciprocating Manitoba employer, under which (a) the board agrees to treat, in accordance with the terms of the agreement, as service of an employee or former employee, for the purposes only of determining eligibility of the employee or former employee for benefits under section 28, 31, 42 or 45, periods during which the employee or former employee was employed by the employer; and (b) that employer agrees to treat, in accordance with the terms of the agreement, as service of a member or former member of any pension plan provided for the benefit of persons employed by the employer for the purpose only of determining eligibility for disability pension benefits, early retirement pension benefits, deferred annuity benefits and benefits on death under that pension plan, periods during which that member or former member of the pension plan was an employee under this Act. Effect of agreement 53(14) Where the board enters into an agreement under subsection (13), it may administer this Act as though the terms of the agreement were part of this Act for the purpose of determining eligibility for benefits under section 28, 31, 42 or 45. S.M. 1989-90, c. 59, s. 26 ; S.M. 1989-90, c. 91, s. 11 ; S.M. 1996, c. 55, s. 15 and 17; S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 35 . Definition of "reciprocating employer" 53.1(1) In this section , "reciprocating employer" means any employer in Canada that has established or is participating in any plan or scheme that provides pension or superannuation benefits for and in respect of its employees, if the board has entered into an agreement under subsection (3) with that employer. Application of section 53.1(2) This section applies to every person who transfers under a reciprocating employer arrangement entered into under subsection (3) on or after January 1, 1996. Arrangements re periods of service 53.1(3) The board may enter into an agreement with any reciprocating employer, or authority charged with the administration of a pension or superannuation benefits plan or fund for or in respect of employees of a reciprocating employer, whereby (a) a person who becomes an employee under this Act after June 30, 1973 may, for the purposes of this Act, obtain credit for all or part of a period of service credited to him or her under the plan operating in respect of employees of the reciprocating employer; and (b) a person who becomes employed with the reciprocating employer after June 30, 1973 may, for the purposes of any plan operating in respect of employees of that employer, obtain credit for all or part of a period of service as an employee under this Act. Contents of agreement 53.1(4) An agreement entered into under subsection (3) may include (a) application deadlines or other dates to determine who is eligible to transfer benefits under the agreement; (b) provisions respecting the amount of credit allowable for any prior period of employment, and the amount of moneys transferable between employers for the purposes of that credit; (c) provisions concerning the calculation of the amount to be transferred between employers; and (d) any other term or condition that the board considers appropriate. Recovery of payments 53.1(5) Where the board pays from the fund, in respect of a person who becomes employed by a reciprocating employer, an amount determined in accordance with an agreement entered into under subsection (3), it shall recover from the employer with whom the person was employed immediately before he or she ceased to be an employee within the meaning of this Act, and that employer shall pay to the board, an amount equal to 1/2 of the amount paid by the board in respect of that person in accordance with the agreement. Retention of amounts received 53.1(6) Where the board receives, in respect of a person who was previously employed by a reciprocating employer, an amount determined in accordance with an agreement entered into under subsection (3), it shall reduce the payments required under subsections 6(5), 22(1) and 22(2) by crediting the employer sub-account under subsection 66.1(1) for the employer with whom the person has become, following the termination of his employment with the reciprocating employer, an employee within the meaning of this Act, an amount equal to 1/2 of the amount received by the board in respect of that person in accordance with the agreement. Employers under subsection 6(5) 53.1(7) Subsections (5) and (6) do not apply to pre-funding employers under subsection 6(5). S.M. 1996, c. 55, s. 16 ; S.M. 2020, c. 16, s. 30 . 54 [Renumbered as section 68] 55(1) [Repealed] S.M. 2011, c. 34, s. 36 . Information required by board 55(2) The board may refuse to pay an allowance or annuity under this Act, or a refund, to any person who fails to provide the board with any information or evidence that it requires to satisfy itself that the person is eligible for the allowance, annuity or refund. 55(3) [Repealed] S.M. 2011, c. 34, s. 36 . S.M. 1989-90, c. 59, s. 27 ; S.M. 2011, c. 34, s. 36 . Application to board and its decision 56 No employee or other person is entitled to receive any payment on account of an annual superannuation allowance or any return of contributions or otherwise until the board is satisfied that he is entitled thereto under this Act; and the decision of the board in respect thereto is final and conclusive. Regulations 57 The board, with the approval of the Lieutenant Governor in Council, may make regulations, (a) providing for the proofs to be furnished before granting any annual superannuation allowance hereunder or making any repayment of contributions; (b) providing that student attendants and pupil nurses employed in mental institutions on May 1, 1939, may on graduation be deemed to be employees within the meaning of this Act as from the date of their becoming student attendants and pupil nurses; and providing for the contributions to be made by them covering the period during which they served as student attendants and pupil nurses, which contributions shall provide for interest compounded at the rate of 4% per annum; (c) in cases where the designation of any members, officers or employees of an agency of the government as being in the civil service is made retrospective, providing for additional contributions by the agency of the government and the members, officers, and employees so designated covering the period back to the date so retrospectively fixed, which contributions shall provide for interest compounded at the rate of 4% per annum; (d) generally for the carrying out of this Act; (d.1) for the purpose of the definition "salary" in subsection 1(1), designating any type of remuneration to be, or not to be, salary; (e) providing for and regulating the transfer from the fund to any other fund established under a recognized Canadian scheme of an amount equal to the contributions made by an employee to the fund under this Act, government contributions or liability in respect thereof, and accumulated interest thereon, or equal to any one or more of them; (f) prescribing the conditions under which credit for service that is recognized under a recognized Canadian scheme may be allowed as service under this Act where moneys are transferred to the fund from any other fund established under a recognized Canadian scheme, and prescribing the method of determining the period of service in respect of which credit shall be given; (g) respecting the recovery of moneys by the board from the government, agencies of the government or other employers of employees transferring service under this Act to a recognized Canadian scheme representing the liability of the government, agencies of the government or other employers in respect of that service; (h) respecting the payment by the board from the fund of part of the moneys received under an agreement made under section 53 to the government or agencies of the government and that represents the liability being assumed by the government or agencies of the government in respect of persons transferring service under a recognized Canadian scheme to service under this Act. S.M. 2011, c. 34, s. 37 . Charge on Consolidated Fund 58 The payments required to be made by the government to the fund under sections 22 and 24 are a charge upon and are payable out of the Consolidated Fund. 59 [Repealed] S.M. 2011, c. 34, s. 38 . 59.1 [Repealed] S.M. 1996, c. 55, s. 19 ; S.M. 2011, c. 34, s. 38 . 60 [Repealed] S.M. 1998, c. 45, s. 1 ; S.M. 2009, c. 30, s. 8 ; S.M. 2011, c. 34, s. 38 . Minister to supervise administration 61(1) The Minister of Finance or such other member of the Executive Council as may be designated by order of the Lieutenant Governor in Council (hereinafter in this section called "the minister") shall, subject as herein provided, have general supervision of the administration of this Act. Report by board 61(2) The board shall prepare an annual report containing such information, and in such form, as the minister directs. Report to Legislature 61(3) A copy of the report shall be laid before the Legislative Assembly by the minister within 15 days after the commencement of the session next following the receipt of the report. Public Service Commission 62 Any information in possession of The Public Service Commission deemed necessary for the administration of this Act shall upon request be made available to the board. S.M. 2021, c. 11, s. 72 63(1) [Repealed] S.M. 2020, c. 16, s. 31 . Application to include prior employment 63(2) An employee who was employed with the government, an agency of the government or other employer to whom this Act applies before the date established by the board's records may apply to the board to have the prior employment included in their service for the purposes of this Act, but only if (a) the prior employment was full-time continuous employment to the date the person began contributing to the fund; (b) the employment of the person since the date they began contributing to the fund has been continuous employment to the date the application is made; and (c) for each position, class or category of prior employment included in the application, the employee would be required, or could elect, to contribute to the fund if they were in a similar position, class or category at the time the application is made. 63(2.1) and (2.2) [Repealed] S.M. 2020, c. 16, s. 31 . When board must grant application 63(3) The board must grant an application under subsection (2) if (a) the employer to whom the application relates verifies, in accordance with the regulations, (i) that during the period of the prior employment, the employee was prevented from accumulating service under this Act, and the reason they were prevented from accumulating service, and (ii) that a person employed in the same or a similar position, class or category at the time the application is made would be required, or could elect, to contribute to the fund; and (b) the employee agrees in writing to pay to the fund — in a lump sum or by such instalments as may be prescribed in the regulations made under this section — the amount determined in accordance with the following formula: A = B × C × D In this formula, A is the amount payable to the board; B is the contribution rate applicable under clause 17(1)⁠(b) to earnings in excess of Canada pensionable earnings; C is the employee's annual salary rate as of the date of the application; and D is the number of years of employment included in the application, including parts of years expressed in decimals. Date of application 63(3.1) An application under this section is deemed to be made on the date the application is signed by the employee or, if the application is received by the board more than 30 days after it was signed by the employee, on the date the application is received by the board. Employee retiring 63(4) Where an applicant who is an employee retires and there is an amount outstanding that is required to be paid by them as a result of an application under this section, the amount paid by them prior to retirement as a result of the application will determine the period of employment that is to be included as part of their service at retirement. 63(5) [Repealed] S.M. 2020, c. 16, s. 31 . Employee dying 63(6) Where an employee dies and there is an amount outstanding that is required to be paid by them as a result of an application under this section, the amount paid by them prior to their death as a result of the application will determine the period of employment that is to be included as part of their service at the date of death. 63(7) [Repealed] S.M. 2020, c. 16, s. 31 . Rate of interest 63(8) For the purposes of this section, the rate of interest payable by members purchasing prior employment by instalment payments shall be determined in accordance with such method as the board may determine. 63(9) and (10) [Repealed] S.M. 2020, c. 16, s. 31 . Regulations 63(11) The board, with the approval of the Lieutenant Governor in Council, may make regulations (a) prescribing the method of verifying the matters required to be verified under subsection (3); (b) prescribing the number of instalments and the amount thereof payable by any person under this section; (c) prescribing the date on which any interest payable under this section begins to accrue; (d) prescribing the manner of calculating any interest payable under this section. Limitation on double benefits 63(12) Notwithstanding any other provision of this Act, no period of full time and continuous employment with an employer in respect of which an employee, retired employee or former employee earned service credit under a scheme or plan to provide pension, superannuation or disability benefits for the persons employed by the employer and for the purposes of which that employer made contributions, directly or indirectly, shall be included in computing the service of the employee, retired employee or former employee for the purposes of this Act. Contributions and benefits 63(13) Contributions received and benefits paid in any year pursuant to this section shall be limited to the maximum permitted for that year under the Income Tax Act (Canada). S.M. 1992, c. 57, s. 20 ; S.M. 1996, c. 55, s. 20 ; S.M. 2011, c. 34, s. 39 ; S.M. 2020, c. 16, s. 31 . MONEY PURCHASE ACCOUNT Establishment of money purchase accounts 64(1) The board shall establish in the accounts of the board and maintain in accordance with the regulations separate money purchase accounts, as may be required under this Act or the regulations, for employees, recipients of superannuation allowances, annuities or pensions payable under this Act, or persons on whose behalf the board is required or requested to transfer moneys to a money purchase account. Not liable to general liabilities of board 64(2) Moneys showing in the accounts of the board to the credit of a person in a money purchase account are not subject to the general liabilities of the board other than the liability of the board to the person in respect of the money purchase account. Charges to money purchase accounts 64(3) The board may charge administration fees as prescribed by the board to each person who is shown in the accounts of the board to have money in a money purchase account and may deduct from the moneys and transfer to the general funds of the board the amount of those fees. Participation in earnings 64(4) Where a money purchase account has been established for a person, the moneys shown to the credit of the person in the account shall, for the purposes of investment and earning income and interest be conclusively deemed to be part of the fund. Transfers from money purchase accounts 64(5) Where a money purchase account has been established for a person, subject to any restrictions imposed on the transfer of moneys in such accounts under the regulations made under The Pension Benefits Act , the board may transfer the moneys to the credit of the person in the money purchase account, or any part thereof, on the written direction of the person, to the person or to any financial institution designated by the person. Conversion to annuity 64(6) Where a money purchase account has been established for a person in the accounts of the board, the board may, on the written direction of the person, convert the moneys to the credit of the person in the account to an obligation of the board to pay an annuity to the person or to a nominee of the person under such terms and conditions as may be prescribed by the regulations and in such amount as may be determined by a formula approved by the board on the advice of the actuary. Obligations of fund for annuity 64(7) Where the board converts moneys in a money purchase account of a person to an obligation of the board to pay an annuity, the money required to fund the obligation of the board to pay the annuity, as certified by the actuary, shall be transferred from the money purchase account to the general accounts of the board and the obligation to pay the annuity is thereafter a general obligation of the board payable from the fund without any liability in respect thereof falling on any moneys to the credit of the money purchase account. Adjustments not to apply to annuities 64(8) Where the board converts moneys in a money purchase account of a person to an obligation to pay an annuity, the person to whom the annuity is payable is not entitled to any superannuation adjustment under section 33 in respect of that annuity and that section does not apply to that annuity or to the person in respect of that annuity. Regulations 64(9) The Lieutenant Governor in Council may make regulations respecting the administration of money purchase accounts established in the accounts of the board and, without limiting the generality of the foregoing, may make regulations (a) respecting authorization for the establishment of money purchase accounts in the accounts of the board for moneys transferred from other registered pension plans or from registered retirement pension plans; (b) respecting the types of annuities to which moneys to the credit of a money purchase account may be converted; (c) prescribing the times when persons with moneys to the credit of a money purchase account may request conversion of the moneys or a part thereof to annuities. No further liability where commuted value transferred 64.1 Where pursuant to this or any other Act or any agreement, an amount equal to the commuted value of contributions in the fund of or with respect to an employee or to the actuarial liability of the fund for benefits to an employee is transferred by the fund to any person, body or pension plan for the benefit of that employee, employee's spouse or common-law partner or employee's estate, the commuted value or actuarial liability established for the purposes of the transfer is deemed to be final, and the fund is deemed to have no further obligation with respect to that employee in connection with those contributions, the period of service in respect of which those contributions were made, any rights to benefits otherwise payable out of the fund or the amount established as the commuted value or actuarial liability for those contributions, and no employee, former employee or other person shall commence any action or legal proceeding of any kind against the fund with respect to any such matter. S.M. 1991-92, c. 41, s. 3 ; S.M. 2001, c. 37, s. 1 . 65 [Renumbered as section 69] 66 [Repealed] S.M. 2020, c. 16, s. 32 . Establishment of account 66.1(1) For the purposes of this section, the board shall establish, within the fund, an account consisting of separate sub-accounts for the government and each agency of the government, and shall administer the account for the government and the agencies of the government, and in this section "account" means the account so established. Agreements respecting account 66.1(2) The board shall enter into an agreement with the government and each agency of the government respecting the administration and use of their respective sub-accounts in the account. Rate of interest 66.1(3) For the purposes of this section, the rate of interest to be credited to each sub-account shall be determined in accordance with such method as the board may determine. 66.1(4) and (5) [Repealed] S.M. 2020, c. 16, s. 32 . S.M. 1992, c. 57, s. 21 ; S.M. 1996, c. 55, s. 22 ; S.M. 2020, c. 16, s. 32 . 67 [Repealed] S.M. 1989-90, c. 91, s. 11 ; S.M. 1996, c. 55, s. 23 . ENHANCED BENEFITS FOR ELIGIBLE MANITOBA HYDRO EMPLOYEES Definitions 67.1 The following definitions apply in this section and sections 67.2 to 67.5. "advisory group" means an advisory group established by agreement between Manitoba Hydro and the collective bargaining agents for its employees and consisting of a number of employer representatives and an equal number of persons representing those who are or will be eligible for enhanced benefits. (« groupe consultatif ») "core benefits" means the pension benefits provided under this Part, other than the enhanced benefits. (« prestations de base ») "enhanced benefits" means enhanced pension benefits provided or to be provided for by regulation under section 67.2. (« prestations améliorées ») "Manitoba Hydro" includes any subsidiary of Manitoba Hydro that is participating as an employer in relation to the core benefits. (« Hydro-Manitoba ») S.M. 2009, c. 30, s. 9 . Regulations 67.2(1) The Lieutenant Governor in Council may make regulations to provide enhanced pension benefits to persons entitled to core benefits in respect of a period of employment with Manitoba Hydro, including regulations (a) establishing criteria for eligibility for the enhanced benefits; (b) prescribing the enhanced benefits and how they are to be calculated; (c) respecting the funding for the enhanced benefits; (d) respecting the administration of the enhanced benefits. Regulations may only implement recommendation 67.2(2) The Lieutenant Governor in Council may make a regulation under this section only if (a) the advisory group has recommended it; and (b) in the case of a recommendation affecting benefits or the funding of benefits, an actuarial report confirms that the recommendation is viable. Retroactive effect 67.2(3) A regulation under this section may be retroactive to the extent necessary to give effect to a recommendation of the advisory group. Income Tax Act requirements prevail 67.2(4) If a regulation under this section conflicts with a requirement or restriction of the Income Tax Act (Canada) or a regulation under that Act that applies to registered pension plans, that requirement or restriction prevails to the extent of the inconsistency. Minister to give reasons for not implementing recommendation 67.2(5) If the advisory group makes a recommendation and the Lieutenant Governor in Council does not make a regulation to implement it, the minister must give the advisory group written reasons for the decision not to implement it. S.M. 2009, c. 30, s. 9 . No cost to government 67.3 Despite any other provision of this Act, the government is not required to contribute any amount in respect of the enhanced benefits. S.M. 2009, c. 30, s. 9 . Pension Benefits Act not to apply 67.4 Clause 26(1)⁠(a) of The Pension Benefits Act does not apply in respect of the enhanced benefits. S.M. 2009, c. 30, s. 9 . Separate account for contributions 67.5(1) The board must maintain, within the fund, a separate account for contributions made to pay, or to fund the payment of, the enhanced benefits. Rate of return 67.5(2) Subject to the regulations made under section 67.2, the account is to be credited with investment income at the market value rate of return that is earned by the fund, which is to be calculated in accordance with such method as the board determines. Use of account 67.5(3) The amounts credited to the account may be used only for the following purposes: (a) paying the amounts to be paid as or in respect of the enhanced benefits; (b) paying any administration costs or fees payable under the regulations made under section 67.2 or under an agreement between the advisory group and the board respecting the administration of the enhanced benefits; (c) any other purpose recommended by the advisory group and approved by the Lieutenant Governor in Council. S.M. 2009, c. 30, s. 9 . PHASED RETIREMENT Regulations 67.6(1) The Lieutenant Governor in Council may by regulation establish a phased retirement program under which participating employees may begin receiving their pension while continuing to work and accrue benefits. Same 67.6(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations (a) establishing eligibility criteria for participation in the phased retirement program; (b) respecting applications to participate in the program; (c) respecting the pension benefits to be paid under the program; (d) respecting the accrual of benefits under the program and the funding of those benefits; (e) respecting the provision of information (i) by the board to an applicant or participating employee or to a participating employer, (ii) by a participating employer to its employees, or (iii) by a participating employee or employer to the board; (f) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for establishing or administering the program. Joint recommendation required 67.6(3) Regulations under this section may be made only on a joint recommendation of the Advisory Committee and the Liaison Committee referred to in section 10.1 that is supported by an actuarial report confirming the viability of the recommendation. Income Tax Act requirements prevail 67.6(4) If a regulation under this section conflicts with a requirement or restriction of the Income Tax Act (Canada) or a regulation under that Act that applies to registered pension plans, that requirement or restriction prevails to the extent of the inconsistency. S.M. 2011, c. 34, s. 40 .

PART 2 OTHER Special payments for special allowances 68(1) The Lieutenant Governor in Council may direct the board to make payments, in addition to the superannuation allowance which would otherwise be paid, from and out of the fund to an employee who retires on or after July 1, 1973, or to a surviving spouse or common-law partner of an employee, if the employee dies on or after July 1, 1973, where the payments are made in accordance with the applicable provisions of an agreement between the employee and the government or an agency of the government and in recognition of the pension which is not paid to the retired employee or to his surviving spouse or common-law partner by a previous employer of such employee because, at the request of the government, the employee accepted employment with the government or agency of the government; and the board shall comply with the direction. Payments in addition to superannuation allowance 68(2) Unless otherwise directed by the Lieutenant Governor in Council, the board shall make payments in addition to the superannuation allowance or payment that would otherwise be paid from and out of the fund to or in respect of an employee or class of employees entitled to a benefit on or after January 1, 1992, or to a surviving spouse or common-law partner of the employee or class of employees if the employee dies on or after January 1, 1992, where payments are made to provide an amount that, in combination with the superannuation allowance paid or payment made from and out of the fund, is equal to the allowance or payment that would have been paid or made if the benefit entitlement had occurred prior to January 1, 1992. Payments from Consolidated Fund 68(3) In addition to any other amounts required to be paid under this Act, the Minister of Finance shall pay from and out of the Consolidated Fund to the board in respect of each month a sum equal to the total of the amounts that the board has paid in respect of that month under subsection (1) or (2), in respect of persons who, at the time of their benefit entitlement, were not employed by an agency of the government, to provide the increases in allowances or payments that are required under subsection (1) or (2), and the sums so payable are a permanent and direct charge on the Consolidated Fund and notwithstanding any provision of The Financial Administration Act , those sums may be paid although no further appropriation for the purpose is made by the Legislature. Payment by agencies 68(4) Where the board makes payments under subsection (1) or (2) in respect of an employee of an agency of the government or an employee or employer under subsection 6(3), the agency or employer shall pay to the board an amount calculated and paid in the same manner as amounts payable by the Minister of Finance under subsection (3). Administration of this section 68(5) The board may approve administrative policies respecting record keeping, the collection of required contributions and employer payments, and the determination and payment of benefits, to ensure that benefits under this section are maintained in a manner that is consistent with those in effect prior to January 1, 1992. S.M. 1992, c. 57, s. 19 ; S.M. 1996, c. 55, s. 18 ; S.M. 2001, c. 37, s. 1 ; S.M. 2011, c. 34, s. 41 . LONG TERM DISABILITY Definitions 69(1) The following definitions apply in this section. "disability superannuation allowance" means a superannuation allowance granted under clause 28(1)⁠(d). (« allocation de retraite pour invalidité ») "long term disability benefit" means a benefit payable to a person under a program. (« prestations d'invalidité à long terme ») "program" means a program for long term disability benefits — other than a disability superannuation allowance — provided, under a contract of insurance or otherwise, by one of the following for its employees: (a) the government; (b) an agency of the government; (c) a service provider. (« programme ») "service provider" means a service provider as defined in The Real Property Act whose employees are deemed to be in the civil service for the purpose of this Act. (« fournisseur de services ») Regulations 69(2) The Lieutenant Governor in Council may make regulations (a) providing for the payment by the board of enhanced pensions to persons who (i) have been granted a long term disability benefit, (ii) have ceased to be eligible for continued long term disability benefits, and (iii) have retired and would be entitled, on or after ceasing to be eligible for continued long term disability benefits, to be granted superannuation allowances solely on the basis of age and years of service and not by reason of any disability, notwithstanding that they were previously in receipt of a disability superannuation allowance; (b) providing for the method of calculating enhanced pensions payable to persons under the regulations. Board reimbursed for enhanced pensions 69(3) Where the board pays an enhanced pension to a person in accordance with the regulations made under subsection (2), the government, agency of the government or service provider, as the case may be, with whom the person was last employed prior to their retirement, shall, on or before the last day of each month, pay to the board the full amount of the enhanced pension payment paid to the person by the board in the next preceding month. Position of recipients 69(4) Where a person is receiving long term disability benefits, (a) the person shall be deemed not to have ceased being an employee for the purposes of obtaining a refund of contributions made to the fund under this Act; (b) the person shall be deemed not to have retired under the Act except for the sole purpose of applying for and being granted a disability superannuation allowance; and (c) the period during which the person is receiving long term disability benefit shall not, except for the purpose of calculating an enhanced pension and for the purposes of determining eligibility for benefits under section 28, 31, 42 or 45, be considered as service as an employee under this Act. Eligibility for certain benefits 69(5) Where a person is receiving long term disability benefits, for the purposes of determining eligibility for benefits under sections 28, 31, 42 and 45, the period during which the person receives the long term disability benefits shall be included as service of the employee under this Act but not for the purpose of calculating the amount of benefits under those sections. 69(6) [Repealed] S.M. 1996, c. 55, s. 21 . S.M. 1989-90, c. 91, s. 11 ; S.M. 1996, c. 55, s. 21 ; S.M. 2011, c. 34, s. 42 ; S.M. 2020, c. 16, s. 33 .