MPPs Pension Act, 1996

Bills that amended this Act0

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Sections158

• [s0]

  PART I interpretation Interpretation

• 1.
• 1Definitions

  1 (1) In this Act, “average Consumer Price Index” means the average Consumer Price Index as defined in subsection 8500 (1) of the Income Tax Regulations (Canada); (“moyenne de l’indice des prix à la consommation”) “Consumer Price Index” means the Consumer Price Index as defined in subsection 8500 (1) of the Income Tax Regulations (Canada); (“indice des prix à la consommation”) “dependent child” means, in relation to an individual, a child of the individual who, (a) is less than 18 years of age, or (b) is 18 or more years of age and since reaching 18 years of age has been continuously in full-time attendance at either or both of, (i) a secondary school, or (ii) for the five years following secondary school, a post-secondary educational institution recognized by the Board of Internal Economy of the Assembly; (“enfant à charge”) “plan” means the pension plan continued under subsection 2 (1)…

• PART II GENERAL
• [s2]

  PART II GENERAL

• 2.
• 2Pension plan continued

  2 (1) The pension plan set out in the Legislative Assembly Retirement Allowances Act is continued. Primary purpose of the plan (2) The primary purpose of the plan is to provide periodic payments of allowances to members of the Assembly after their retirement and until death in respect of their service as members of the Assembly. 1996, c. 6, Sched. A, s. 2.

• 3.
• 3Application of plan

  3 (1) The plan applies in respect of individuals who are members of the Assembly on or after January 1, 1992. Same (2) The plan applies in respect of the individuals who hold office as the Information and Privacy Commissioner or as Ombudsman on or after January 1, 1992. 1996, c. 6, Sched. A, s. 3.

• 4.
• 3.1Termination of membership

  3.1 Every member of the plan ceases to be a member of the plan. 2025, c. 2, s. 5. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 5 - 01/01/2026

• 5.
• 4Membership

  4 (1), (2) Repealed: 2025, c. 2, s. 6. Former member (3) An individual is a former member of the plan if he or she has ceased to be a member of the plan and is entitled to be paid an allowance under the plan either immediately or in the future. 1996, c. 6, Sched. A, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 6 - 01/01/2026

• 6.
• 5Credit for service as federal MP

  5 (1) If an individual is a former member of the House of Commons of Canada who is not entitled to or is not receiving an allowance in respect of service as a member of the House of Commons of Canada, his or her service may be counted as service under this Act if the individual pays into his or her registered plan account before June 8, 1995 an amount equal to the refund of contributions received from the account maintained to provide superannuation benefits for members of the House of Commons of Canada, with interest at the rate of 6 per cent per year. Limit (2) A period of service after 1989 shall not be counted under subsection (1) for the purposes of the registered plan unless the period is approved in accordance with the past service certification procedure under subsections 8307 (1) and (2) of the Income Tax Regulations (Canada). 1996, c. 6, Sched. A, s. 5.

• 7.
• 6Exemption from seizure, execution or attachment

  6 Section 66 of the Pension Benefits Act applies with necessary modifications with respect to money payable under this Act. 1996, c. 6, Sched. A, s. 6.

• PART III REGISTERED PLAN
• [s9]
• 7Effect on teachers’ pension

  7 Despite clause 2 (3) (b) of Schedule 1 to the Teachers’ Pension Act, 1989, this Act does not affect the rights of a person under that Act. 1996, c. 6, Sched. A, s. 7.

• 8.
• [s10]

  PART III REGISTERED PLAN

• 9.
• 10.
• 8Member contributions

  8 (1) Subject to subsection (3), every member of the plan shall contribute an amount equal to 10 per cent of his or her remuneration. Remittance (2) The member’s contribution must be deducted monthly from his or her remuneration and credited to the Legislative Assembly Retirement Allowances Account established under subsection 27 (1) of the Legislative Assembly Retirement Allowances Act. Contributions eliminated (3) A member is not entitled to make a contribution under the plan for any period after June 7, 1995. Refund (4) The member is entitled to a refund of contributions made for any period after June 7, 1995 together with interest calculated at an annual rate of 6 per cent. The refund is to be paid out of the Legislative Assembly Retirement Allowances Account. Same, Information and Privacy Commissioner and Ombudsman (5) If the Information and Privacy Commissioner or the Ombudsman, as…

• 9Entitlement to allowance

  9 (1) An individual who has been a member of the Assembly for at least five years and who ceases to be a member of the plan otherwise than by reason of death is entitled to be paid an annual allowance determined under section 10 during his or her lifetime. Same (2) The allowance under subsection (1) begins on the first day of the month coincident with or next following the later of, (a) the day on which the individual ceases to be a member of the plan; and (b) the day on which the sum of the individual’s age plus his or her years of service as a member of the Assembly equals 55. Allowance at age 69 (3) If an individual is a member of the plan at the end of the calendar year in which he or she reaches 69 years of age, the individual is entitled to be paid an allowance at the beginning of the next calendar year. 1996, c. 6, Sched. A, s. 9.

• 10Amount of allowance

  10 (1) The amount of an individual’s allowance under section 9 for the calendar year in which the allowance begins is calculated using the formula, (A × B)×(1 – 0.0025 × C) + D in which, “A” equals the lesser of, (a) 2 per cent of the individual’s average annual remuneration, and (b) the defined benefit limit for the year in which the allowance begins; “B” equals the amount of his or her service as a member of the Assembly after 1991 and before June 8, 1995; “C” equals the number of months in the period from the day on which the allowance begins to the day that is the earliest of, (a) the day on which the individual reaches 60 years of age, (b) the day on which the individual would have completed 30 years of service as a member of the Assembly, had the individual remained a member of the Assembly, and (c) the day on which the sum of the individual’s age and his or her years of service as…

• 11.
• 10.1Overall limit

  10.1 (1) Despite any other provision of this Part, the aggregate annual allowance payable under this Part to a member of the registered plan shall not exceed, (a) for the calendar year in which the allowance begins, 5 per cent of the member’s average annual remuneration multiplied by the member’s years of service as a member of the Assembly before June 8, 1995, up to a maximum amount equal to 75 per cent of the member’s average annual remuneration; and (b) for any subsequent calendar year, the amount referred to in clause (a) increased in the manner described in subsection 30 (6). Average annual remuneration (2) For the purposes of subsection (1), an individual’s average annual remuneration is his or her average annual remuneration during any 36 months of service as a member of the Assembly, which months need not be consecutive, during which his or her remuneration was highest. 1996, c. …

• 12.
• 11Post-retirement spousal allowance

  11 (1) If a former member of the plan who is receiving an allowance under this Part dies leaving a spouse, the spouse is entitled to be paid an allowance during his or her lifetime. Same (2) The amount of the allowance under subsection (1) is the sum of, (a) two-thirds of the allowance that the former member would have received as calculated under section 10 assuming that the value of D and H in subsections 10 (1) and (2) is zero; and (b) 60 per cent, plus 10 per cent for each dependent child of the former member at the date of death to a maximum of three children, of the allowance that the former member would have received as calculated under section 10 assuming that the value of all the variables in subsections 10 (1) and (2) other than D and H is zero. Children’s allowance (3) If a former member who is receiving an allowance under this Part dies leaving no spouse but leaving one or mo…

• 13.
• 12Pre-retirement spousal allowance

  12 (1) If a member of the plan dies leaving a spouse, the spouse is entitled to be paid an allowance during his or her lifetime. Amount of spousal allowance (2) The amount of the allowance under subsection (1) for the calendar year in which the member dies is the sum of, (a) two-thirds of the allowance that the member had earned to the date of death, determined in accordance with subsection 10 (1) assuming that the value of C and D in that subsection is zero; and (b) 60 per cent, plus 10 per cent for each dependent child of the member at the date of death to a maximum of three children, of the allowance that the member had earned to the date of death, determined in accordance with subsection 10 (1) assuming that the value of A, B and C in that subsection is zero. Same (3) The amount of the allowance under subsection (1) for a calendar year subsequent to the year of death is the sum of, (…

• 14.
• 13Former member, spousal allowance

  13 (1) If a former member of the plan dies before his or her allowance under the plan begins and if he or she leaves a spouse, the spouse is entitled to be paid an allowance during his or her lifetime. Same (2) The allowance under subsection (1) begins on the first day of the month coincident with or next following the day on which the sum of the individual’s age (had he or she not died) plus his or her years of service as a member of the Assembly equals 55. Amount of spousal allowance (3) The amount of the allowance under subsection (1) is the sum of, (a) two-thirds of the allowance that the former member would have received as calculated under section 10 assuming that the value of D and H in subsections 10 (1) and (2) is zero; and (b) 60 per cent, plus 10 per cent for each dependent child of the former member at the date of death to a maximum of three children, of the allowance that th…

• 15.
• 14Refund of contributions before vesting

  14 (1) An individual who ceases to be a member of the plan after 1991 but before becoming eligible for an allowance is entitled to a refund of his or her contributions together with interest calculated at an annual rate of 6 per cent. Application for refund (2) The individual is not entitled to be paid the refund until the Speaker has received a written application for it. 1996, c. 6, Sched. A, s. 14.

• 16.
• 15100 per cent rule (refund of contributions)

  15 (1) If a former member of the plan who is receiving an allowance or a member of the plan dies and no one becomes entitled to be paid an allowance under section 11, 12 or 13, his or her estate is entitled to payment of the amount, if any, by which A exceeds B, both as determined under subsection (2). Same (2) For the purposes of subsection (1), “A” equals the amount of the former member’s or the member’s contributions together with interest at an annual rate of 6 per cent up to the earlier of, (a) the date, if any, on which he or she began to be paid the allowance, and (b) the date of death; and “B” equals the total amount, if any, of the allowance paid to him or her up to the date of death. 1996, c. 6, Sched. A, s. 15.

• 17.
• 16Reinstatement of service

  16 (1) An individual who receives a refund and who again becomes a member of the plan on or before June 8, 1995 is entitled to reinstatement of the service in respect of which the refund was made if he or she pays the amount refunded together with interest calculated at the annual rate of 6 per cent to the Minister of Finance. Restriction (2) Despite subsection (1), the member is not entitled to a reinstatement of service after 1989 unless the service is approved in accordance with the past service certification procedure under subsections 8307 (1) and (2) of the Income Tax Regulations (Canada). 1996, c. 6, Sched. A, s. 16.

• PART IV CONVERSION OF THE REGISTERED PLAN
• [s21]
• 17Assignment prohibited

  17 (1) No right under the plan of a member or former member is capable of being assigned, charged, anticipated, given as security or surrendered except as provided in this section. Exception (2) A right may be assigned under a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a conjugal relationship between an individual and his or her spouse or former spouse. Same (3) A right may be assigned by the legal representative of a deceased individual on the distribution of the individual’s estate. 1996, c. 6, Sched. A, s. 17.

• 18.
• [s22]

  PART IV CONVERSION OF THE REGISTERED PLAN

• 19.
• 18Credit for service before June 8, 1995

  18 (1) Every individual who was a member of the Assembly on June 8, 1995 and who had been a member before that date is entitled to have his or her registered plan account credited with the amount determined under this section for his or her service before June 8, 1995. Amount of credit (2) The amount of the individual’s credit is the total of the commuted value of the benefits described in Part III for his or her service as a member before June 8, 1995 and interest on the commuted value. Part III benefits (3) For the purposes of subsection (2), the benefits described in Part III are calculated in accordance with that Part with the following modifications: 1. An individual shall be deemed to be entitled to the benefits described in Part III even if the individual was not a member of the Assembly for at least five years before June 8, 1995. 2. The benefits are based on the individual’s ave…

• 20.
• 19Effect of receiving credit

  19 No individual who receives credit under subsection 18 (1) is entitled to be paid benefits under Part III for service as a member of the Assembly. 1996, c. 6, Sched. A, s. 19.

• 21.
• 20Election re credit

  20 (1) An individual who receives credit under subsection 18 (1) shall elect whether to have the credit remain in the registered plan account or to transfer an amount equal to the credit to a locked-in retirement account. Statement re election (2) The Speaker shall give every individual required to make the election a statement describing the individual’s options. Same (3) The individual shall notify the Speaker in writing which option he or she elects, and shall do so within 60 days after receiving the statement. Deemed election (4) If the individual does not notify the Speaker within the 60-day period, the individual shall be deemed to have elected to have the credit remain in the registered plan account. 1996, c. 6, Sched. A, s. 20.

• PART V REGISTERED PLAN PAYMENTS
• [s26]
• 21Transfer to locked-in retirement account

  21 (1) This section applies if an individual elects the transfer described in subsection 20 (1) to a locked-in retirement account. 1996, c. 6, Sched. A, s. 21 (1). Payment (2) The Minister of Finance shall pay to the individual’s locked-in retirement account an amount equal to the individual’s credit in the registered plan account together with interest on the amount of the credit. The interest is calculated from the date on which the amount was credited to the registered plan account until the date on which the Minister makes the payment to the locked-in retirement account. 1996, c. 6, Sched. A, s. 21 (2). Same (3) The Minister shall make the payment within 90 days after the Speaker receives notice of the individual’s election. 1996, c. 6, Sched. A, s. 21 (3). (4) Repealed: 1999, c. 15, s. 20 (1). Same (5) The locked-in retirement account must not permit any payment to be made to the in…

• [s27]

  PART V REGISTERED PLAN PAYMENTS

• 23.
• 22.Trust established

  22. The Speaker shall establish a trust for the purpose of receiving contributions from the Minister of Finance under section 25, accruing interest and earnings on the contributions and making payments in accordance with the terms of the registered plan. 1996, c. 6, Sched. A, s. 22.

• 24.
• 23Registered plan account

  23 (1) The Speaker shall establish and maintain a registered plan account for each individual who is a member of the Assembly on or after June 8, 1995. Same (2) All payments or transfers made under the registered plan in respect of an individual must be charged to his or her registered plan account. Vesting (3) Amounts properly credited to a member’s registered plan account vest in the member when credited. Interest (4) Interest accumulates on amounts credited to a registered plan account under subsections 18 (1) and 24 (24). Interest must be credited to the account at least annually. Rate of interest (5) Interest is calculated at a rate equal to the annual rate of return, as determined by the Minister of Finance, on the assets held by the trust established in section 22 less one per cent. Same (6) Despite subsection (5), interest payable during the first year after the MPPs Pension and …

• 25.
• 24Money purchase credit

  24 (1) Every month, the Minister of Finance shall credit to a plan member’s registered plan account an amount equal to 10 per cent of the member’s remuneration for that month. 1996, c. 6, Sched. A, s. 24 (1); 2006, c. 36, s. 2 (1). Same, for certain members re-elected in 2007 (1.1) Despite subsection (1), if a plan member to whom section 61.1 of the Legislative Assembly Act applies gives the notice described in that section to the Speaker, this section, as it read immediately before it was amended by section 2 of the Legislative Assembly Statute Law Amendment Act, 2006, continues to apply with respect to the member. 2006, c. 36, s. 2 (2). Money purchase limit (2) Despite subsection (1), the Minister shall not credit a member’s registered plan account with an amount for a calendar year greater than the money purchase limit for the year as defined in subsection 147.1 (1) of the Income Tax …

• 26.
• 25Contributions by Minister

  25 (1) The Minister of Finance shall pay from the Consolidated Revenue Fund to the trust established under section 22 the amounts credited to all registered plan accounts in respect of members’ service after June 7, 1995. 1996, c. 6, Sched. A, s. 25 (1). Other payments by Minister (2) The Minister shall pay from the Consolidated Revenue Fund the amounts that are payable under subsection 24 (3). 2006, c. 36, s. 2 (4). Section Amendments with date in force (d/m/y) 2006, c. 36, s. 2 (4) - 21/12/2006

• 27.
• 26Statement of benefits and options

  26 (1) The Speaker shall give an individual who ceases to be a member of the plan otherwise than by reason of death a statement describing the individual’s benefits and options under sections 27 and 28. The Speaker shall do so within 30 days after the individual ceases to be a member. Same (2) The Speaker shall give a person entitled to a benefit under section 29 a statement describing the person’s benefits and options, if any, under that section. The Speaker shall do so within 30 days after receiving proof of the death of the individual who was the member. 1996, c. 6, Sched. A, s. 26.

• 28.
• 27Entitlement to lifetime pension

  27 (1) An individual who ceases to be a member of the plan otherwise than by reason of death is entitled to be paid the lifetime pension described in this section upon ceasing to be a member. 1996, c. 6, Sched. A, s. 27 (1). Size of pension (2) The pension is to be provided using the balance in the individual’s registered plan account when the pension is purchased. 1996, c. 6, Sched. A, s. 27 (2); 1999, c. 15, s. 21. Form of pension (3) The pension must meet the following requirements: 1. It must be in a form acceptable for pensions that are payable from money purchase pension plans registered under the Income Tax Act (Canada). 2. If the member has a spouse when he or she ceases to be a member of the plan, it must be payable in a joint and survivor form. The member must be permitted to waive the joint and survivor payments with the consent of his or her spouse. 3. If the member has a spo…

• 29.
• 28Portability rights

  28 (1) An individual who ceases to be a member of the plan otherwise than by reason of death may transfer the balance in his or her registered plan account to a locked-in retirement account or a life income fund that satisfies the conditions established under the Pension Benefits Act for those accounts or funds, with necessary modifications. Payment (2) The Minister of Finance shall pay from the Consolidated Revenue Fund to the individual’s locked-in retirement account or life income fund, as the case may be, an amount equal to the balance in the individual’s registered plan account. Effect of transfer (3) No individual who makes a transfer described in subsection (1) is entitled to a pension under section 27. Notice to Speaker (4) The individual shall notify the Speaker in writing if he or she wishes to make a transfer described in subsection (1) and shall do so within 60 days after rec…

• PART VI SUPPLEMENTARY PLAN
• [s35]
• 29Pre-retirement spousal entitlement

  29 (1) If a member of the plan dies leaving a spouse, the spouse is entitled upon the member’s death to be paid the balance in the member’s registered plan account as of the date of death. It is payable as a lump sum or as a lifetime pension in a form acceptable for pensions payable from money purchase pension plans registered under the Income Tax Act (Canada). 1996, c. 6, Sched. A, s. 29 (1); 1999, c. 6, s. 39 (3); 2005, c. 5, s. 43 (8). Election (2) The spouse shall notify the Speaker in writing which payment option he or she elects, and shall do so within 60 days after receiving the statement described in subsection 26 (2). 1996, c. 6, Sched. A, s. 29 (2); 1999, c. 6, s. 39 (4); 2005, c. 5, s. 43 (9). Deemed election (3) If the spouse does not notify the Speaker within the 60-day period, the spouse shall be deemed to have elected to be paid a lump sum. 1996, c. 6, Sched. A, s. 29 (3);…

• 30.
• [s36]

  PART VI SUPPLEMENTARY PLAN

• 31.
• 30Entitlement to allowance

  30 (1) An individual who has been a member of the Assembly for at least five years and who ceases to be a member of the plan otherwise than by reason of death is entitled to be paid an annual allowance during his or her lifetime. Same (2) The allowance begins on the first day of the month coincident with or next following the later of, (a) the day on which the individual ceases to be a member of the plan; and (b) the day on which the sum of the individual’s age plus his or her years of service as a member of the Assembly equals 55. Amount of allowance (3) The amount of the allowance for the calendar year in which it begins is calculated using the formula, A – B in which, “A” equals 5 per cent of the individual’s average annual remuneration multiplied by the individual’s years of service as a member of the Assembly before June 8, 1995 up to a maximum of 15 years; and “B” equals the amount…

• 32.
• 31Post-retirement spousal allowance

  31 (1) If a former member of the plan who is receiving an allowance under this Part dies leaving a spouse, the spouse is entitled to be paid an allowance during his or her lifetime. Same (2) The amount of the allowance under subsection (1) is the amount, if any, by which A exceeds B where, “A” equals the amount of the allowance that would have been paid to the spouse under subsection 19 (1) of the pre-reform plan if that subsection had applied in respect of the former member on the date of death; and “B” equals the amount of the allowance payable to the spouse under subsection 11 (1). Children’s allowance (3) If a former member who is receiving an allowance under this Part dies leaving no spouse but leaving one or more dependent children, the dependent children are entitled to be paid an allowance equal to the allowance that would have been paid to the spouse of the former member under s…

• 33.
• 32Pre-retirement spousal allowance

  32 (1) If a member of the plan dies leaving a spouse, the spouse is entitled to be paid an allowance during his or her lifetime. Amount of spousal allowance (2) The allowance under subsection (1) is the amount, if any, by which A exceeds B where, “A” equals the amount of the allowance that would have been paid to the spouse under clause 19 (3) (a) of the pre-reform plan, if that clause had applied in respect of the member on the date of death; and “B” equals the amount of the allowance payable to the spouse under subsection 12 (1). Children’s allowance (3) If a member dies leaving no spouse but leaving one or more dependent children, the dependent children are entitled to be paid an allowance equal to the allowance that would have been paid to the spouse of the member under subsection (1) if the spouse had survived the member. Survivor’s allowance (4) If a spouse entitled to an allowance…

• PART VII CONVERSION OF THE SUPPLEMENTARY PLAN
• [s40]
• 33Former member, spousal allowance

  33 (1) If a former member of the plan dies before his or her allowance under the plan begins and if he or she leaves a spouse, the spouse is entitled to be paid an allowance during his or her lifetime. Same (2) The allowance under subsection (1) begins on the first day of the month coincident with or next following the day on which the sum of the individual’s age (had he or she not died) and his or her years of service as a member of the Assembly equals 55. Amount of spousal allowance (3) The amount of the allowance under subsection (1) is calculated using the formula, A + B – C in which, “A” equals 60 per cent of the allowance to which the former member would have been entitled under the pre-reform plan on the day the allowance under subsection (1) begins, had the pre-reform plan applied in respect of the former member; “B” equals in respect of each dependent child of the former member …

• 34.
• [s41]

  PART VII conversion of the supplementary plan

• 35.
• 34Credit for service before June 8, 1995

  34 (1) Every individual who was a member of the Assembly on June 8, 1995 and who had been a member before that date is entitled to have his or her supplementary plan account credited with the amount determined under this section for his or her service before June 8, 1995. Amount of credit (2) The amount of the individual’s credit is the total of the commuted value of the benefits described in Part VI for his or her service as a member before June 8, 1995 and interest on the commuted value. Part VI benefits (3) For the purposes of subsection (2), the benefits described in Part VI are calculated in accordance with that Part with the following modifications: 1. An individual shall be deemed to be entitled to the benefits described in Part VI even if the individual was not a member of the Assembly for at least five years before June 8, 1995. 2. The benefits are based on the individual’s aver…

• 36.
• 35Effect of receiving credit

  35 No individual who receives credit under subsection 34 (1) is entitled to be paid benefits under Part VI. 1996, c. 6, Sched. A, s. 35.

• 37.
• 36Election re credit

  36 (1) An individual who receives credit under subsection 34 (1) shall elect whether to have the credit remain in the supplementary plan account or to be paid an amount equal to the credit as a lump sum. Statement re election (2) The Speaker shall give every individual required to make the election a statement describing the individual’s options. Same (3) The individual shall notify the Speaker in writing which option he or she elects, and shall do so within 60 days after receiving the statement. Deemed election (4) If the individual does not notify the Speaker within the 60-day period, the individual shall be deemed to have elected to have the credit remain in the supplementary plan account. 1996, c. 6, Sched. A, s. 36.

• PART VIII SUPPLEMENTARY PLAN PAYMENTS
• [s45]
• 37Lump sum payment

  37 (1) This section applies if an individual elects to receive the lump sum payment described in subsection 34 (1). Payment (2) The Minister of Finance shall pay to the individual an amount equal to the individual’s credit in the supplementary plan account together with interest on the amount of the credit. The interest is calculated from the date on which the amount was credited to the supplementary plan account until the date on which the Minister makes the lump sum payment to the individual. Same (3) The Minister shall make the payment within 90 days after the Speaker receives notice of the individual’s election. Effect of payment (4) The individual ceases to be entitled to any other benefit under the supplementary plan when the Minister pays him or her the lump sum. 1996, c. 6, Sched. A, s. 37.

• 38.
• [s46]

  PART VIII supplementary plan payments

• 39.
• 38Arrangements for payment

  38 The Minister of Finance may make whatever arrangements he or she considers appropriate to provide for the payment of pensions under this Part. 1996, c. 6, Sched. A, s. 38.

• 40.
• 39Supplementary plan account

  39 (1) The Speaker shall establish and maintain a supplementary plan account for each individual who is a member of the Assembly on or after June 8, 1995. Same (2) All payments made under the supplementary plan in respect of an individual must be charged to his or her supplementary plan account. Vesting (3) Amounts properly credited to a member’s supplementary plan account vest in the member when credited. Interest (4) Interest accumulates on the amount credited to a supplementary plan account under subsection 34 (1). Interest must be credited to the account at least annually. Rate of interest (5) Interest is calculated at a rate equal to the annual rate of return, as determined by the Minister of Finance, on the assets held by the trust established in section 22 less one per cent. Same (6) Despite subsection (5), interest payable during the first year after the MPPs Pension and Compensa…

• 41.
• 40Statement of benefits and options

  40 (1) The Speaker shall give an individual who ceases to be a member of the plan otherwise than by reason of death a statement describing the individual’s benefits and options under section 41 The Speaker shall do so within 30 days after the individual ceases to be a member. Same (2) The Speaker shall give a person entitled to a benefit under section 42 a statement describing the person’s benefits and options, if any, under that section. The Speaker shall do so within 30 days after receiving proof of the death of the individual who was the member. 1996, c. 6, Sched. A, s. 40.

• 42.
• 41Entitlement to lifetime pension

  41 (1) An individual who ceases to be a member of the plan otherwise than by reason of death is entitled to be paid the lifetime pension described in this section upon ceasing to be a member. Size of pension (2) The pension is to be provided using the balance in the individual’s supplementary plan account when he or she ceases to be a member. Form of pension (3) Subsections 27 (3) to (5) apply, with necessary modifications, with respect to the pension. 1996, c. 6, Sched. A, s. 41.

• PART IX ADMINISTRATION
• [s51]
• 42Pre-retirement spousal entitlement

  42 (1) If a member of the plan dies leaving a spouse, the spouse is entitled upon the member’s death to be paid the balance in the member’s supplementary plan account as of the date of death. It is payable as a lump sum or as a lifetime pension in a form acceptable for pensions payable from money purchase pension plans registered under the Income Tax Act (Canada). Election (2) The spouse shall notify the Speaker in writing which payment option he or she elects, and shall do so within 60 days after receiving the statement described in subsection 40 (2). Deemed election (3) If the spouse does not notify the Speaker within the 60-day period, the spouse shall be deemed to have elected to be paid a lump sum. Entitlement of beneficiary (4) If the member dies without a spouse but has notified the Speaker in writing that the member designates a beneficiary for the purposes of the plan, the benef…

• 43.
• [s52]

  PART IX administration

• 44.
• 43Administration of Act

  43 The Act is administered by the Speaker. 1996, c. 6, Sched. A, s. 43.

• 45.
• 44Consolidated Revenue Fund

  44 (1) All contributions to the plan made by plan members shall be paid to the Consolidated Revenue Fund and all amounts to be credited under the plan are credited to the Consolidated Revenue Fund. Same (2) All payments and transfers to be made under the plan are a charge on and payable from the Consolidated Revenue Fund. 1996, c. 6, Sched. A, s. 44.

• 46.
• 45Accounts in the CRF

  45 (1) The Minister of Finance shall establish an account in the Consolidated Revenue Fund in which all credits, receipts and disbursements under the registered plan must be entered, and one in which all credits, receipts and disbursements under the supplementary plan must be entered. Transfers from Consolidated Revenue Fund (2) Each year, the Minister of Finance shall credit to the applicable account in the Consolidated Revenue Fund such amounts as the Lieutenant Governor in Council may direct to provide for payments under the registered plan or the supplementary plan, as the case may be. 1996, c. 6, Sched. A, s. 45.

• 47.
• 46Extension of deadlines

  46 (1) The Speaker may extend any deadline established under the Act and may do so before or after the deadline has passed if, in the Speaker’s opinion, (a) there are special circumstances justifying the extension; and (b) the extension will not result in additional costs to the plan. 1996, c. 6, Sched. A, s. 46. Limitation (2) This section does not apply to a deadline under Part XI or a supplemental pension plan established by order under section 54. 2025, c. 2, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 7 - 01/01/2026

• 48.
• 47Payment of allowances

  47 (1) Unless otherwise provided in the Act, allowances payable under the plan shall be paid monthly in equal amounts. Same (2) Amounts paid under the plan in respect of an individual who becomes a former member before June 8, 1995 shall be paid out of the Legislative Assembly Retirement Allowances Account established under subsection 27 (1) of the Legislative Assembly Retirement Allowances Act. 1996, c. 6, Sched. A, s. 47.

• 48Purchase of annuities

  48 (1) The Minister of Finance may purchase an annuity contract to provide for payment of the pension to which an individual is entitled under the registered plan or the supplementary plan. Same (2) The annuity provided by the annuity contract must be subject to the same terms and conditions as the pension to which it relates. Discharge of rights (3) The purchase of an annuity contract discharges the rights under the Act of the individual and of any other person in respect of the individual. Authorized company (4) The annuity contract must be purchased from a company authorized under the laws of Canada or a province to carry on an annuities business in Canada. 1996, c. 6, Sched. A, s. 48.

• PART X TRANSITION
• [s59]
• 48.1Payment to purchase annuity contracts

  48.1 (1) The Minister of Finance may pay from the Consolidated Revenue Fund the amount required to purchase annuity contracts under section 48 of this Act or section 25.2 of the Legislative Assembly Retirement Allowances Act, and the amount standing to the credit of accounts maintained in the Consolidated Revenue Fund in connection with benefits under those Acts shall be reduced by the amount by which a person’s entitlement to benefits under those Acts is reduced by the purchase of the annuity contracts. Accounts held outside the Consolidated Revenue Fund (2) If the Speaker, with the approval of the Minister of Finance, enters into an arrangement under which registered plan accounts or supplementary plan accounts or both are held under this Act outside the Consolidated Revenue Fund, the Minister of Finance shall pay from the Consolidated Revenue Fund to the person by whom the accounts ar…

• 49.
• [s60]

  PART X TRANSITION

• 50.
• 49Benefits in lieu

  49 (1) The benefits provided under the plan in respect of individuals who were members of the Assembly on or after January 1, 1992 are in lieu of the benefits, if any, provided in respect of those individuals under the Legislative Assembly Retirement Allowances Act. Certain individuals (2) An individual who is a member of the Assembly on June 8, 1995 and who ceases to be a member of the Assembly before the day on which the MPPs Pension and Compensation Reform Act, 1996 receives Royal Assent is entitled only to the benefits provided under the plan. 1996, c. 6, Sched. A, s. 49.

• 51.
• 50Application of predecessor Act

  50 (1) Despite its repeal and except as otherwise provided in this section, the Legislative Assembly Retirement Allowances Act continues to apply in respect of individuals who had ceased to be members of the Assembly before January 1, 1992 and who were entitled on that date to receive an allowance under that Act. Deemed amendments (2) For the purposes of subsection (1), the Legislative Assembly Retirement Allowances Act shall be deemed to be the Act as it read on December 31, 1991, as amended by subsections (3) and (4). Same, suspension of allowances (3) For the purposes of subsection (1), sections 7, 10 and 20 of the Legislative Assembly Retirement Allowances Act shall be deemed to be repealed. Same, annual increases (4) For the purposes of subsection (1), section 25 of the Legislative Assembly Retirement Allowances Act, as it read on December 31, 1991, shall be deemed to be repealed an…

• 52.
• 51Conversion report

  51 (1) The Minister of Finance shall ensure that an actuary other than the plan actuary prepares a report on the conversion of the pension plan established under the Legislative Assembly Retirement Allowances Act into the plan described in this Act. Contents (2) The report must contain the information required under the Pension Benefits Act, with necessary modifications, for conversion reports. Approval (3) The Minister and the Speaker shall not implement the conversion until the Minister has approved the conversion report. 1996, c. 6, Sched. A, s. 51.

• 53.
• [s64]

  PART XI PUBLIC SERVICE PENSION PLAN PARTICIPATION, MPP SUPPLEMENTAL PENSION PLAN, OTHER MATTERS

• [s65]
• 52Interpretation

  52 (1) In this Part and Schedule 1, “MPP supplemental pension plan” means a supplemental pension plan established by order under section 54; (“régime de retraite complémentaire des députés”) “Public Service Pension Plan” means the pension plan continued under the Public Service Pension Act. (“Régime de retraite des fonctionnaires”) 2025, c. 2, s. 8. Same (2) For the purposes of this Part, Schedule 1, the Public Service Pension Plan and any applicable supplemental pension plan established under the Public Service Pension Act, (a) the employer of a member of the Assembly is the Assembly; (b) the period of service of a member of the Assembly shall be determined in accordance with subsection 61 (2) of the Legislative Assembly Act; and (c) the salary of a member of the Assembly is the amount paid to them under the Legislative Assembly Act, other than an amount paid to reimburse them for expen…

• 52 #66Interpretation
• 53MPP participation in Public Service Pension Plan

  53 (1) Members of the Assembly are members of the Public Service Pension Plan. 2025, c. 2, s. 8. Vesting of benefits for members of the 44th Parliament (2) For an individual who is a member of the Assembly during the 44th Parliament, benefits under the Public Service Pension Plan in respect of service as a member of the Assembly shall vest, despite the Pension Benefits Act, (a) on the day the 44th Parliament is dissolved, if the individual is still a member of the Assembly on that day; or (b) on the day the individual dies, if the individual dies before the 44th Parliament is dissolved and, on the day the individual dies, the individual is still a member of the Assembly. 2025, c. 2, s. 8. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 8 - 01/01/2026

• 54Supplemental pension plan

  54 (1) The Lieutenant Governor in Council may, by order, establish a supplemental pension plan for members of the Public Service Pension Plan who are members of the Assembly. 2025, c. 2, s. 8. Initial terms (2) A supplemental pension plan, when it is first established under subsection (1), shall include terms that are substantially similar to the terms set out in Schedule 1. 2025, c. 2, s. 8. Clarification (3) For greater certainty, a member of the Assembly may be a member of both a supplemental pension plan established under subsection (1) and a supplemental pension plan established under the Public Service Pension Act. 2025, c. 2, s. 8. Administrator (4) The Lieutenant Governor in Council may, by order, specify who the administrator of a supplemental pension plan established under subsection (1) will be. 2025, c. 2, s. 8. Legislation Act, 2006, Part III (5) Part III (Regulations) of th…

• 53 #68MPP participation in Public Service Pension Plan
• 55Consent required for certain changes

  55 (1) An order under section 54 that, after an MPP supplemental pension plan is established, would change the pension benefits, ancillary benefits or contribution rates of members of the MPP supplemental pension plan may be made only with the consent of the Board of Internal Economy described in section 87 of the Legislative Assembly Act. 2025, c. 2, s. 8. Exception (2) Subsection (1) does not apply to any order or part of an order that is required under the Income Tax Act (Canada), or otherwise by law, to be made. 2025, c. 2, s. 8. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 8 - 01/01/2026

• 56Consolidated Revenue Fund

  56 All amounts required, under the Public Service Pension Plan, any applicable supplemental pension plan established under the Public Service Pension Act or an MPP supplemental pension plan, to be paid by the employer in respect of a member of the Assembly are a charge on and payable from the Consolidated Revenue Fund. 2025, c. 2, s. 8. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 8 - 01/01/2026

• 57Allowances

  57 (1) The Lieutenant Governor in Council may, by order, provide for an allowance to be paid to a member of the Assembly who, (a) is not eligible to be a member of the Public Service Pension Plan; or (b) is not eligible to be a member of an MPP supplemental pension plan. 2025, c. 2, s. 8. Same (2) The Lieutenant Governor in Council may, by order, provide for an allowance to be paid to an individual who is not a member of the Assembly but who, (a) was a member of the Assembly on or after January 1, 2026; and (b) while a member of the Assembly on or after January 1, 2026, (i) was not eligible to be a member of the Public Service Pension Plan, or (ii) was not eligible to be a member of an MPP supplemental pension plan. 2025, c. 2, s. 8. Consolidated Revenue Fund (3) Allowances paid under an order under this section are a charge on and payable from the Consolidated Revenue Fund. 2025, c. 2, …

• 58Transition — registered plan account on ceasing membership

  58 (1) This section applies with respect to the balance in the registered plan account of an individual who ceases to be a member of the plan under section 3.1. 2025, c. 2, s. 8. Options (2) The individual may choose one or more of the following options for using the balance: 1. The individual may receive a pension purchased using all or part of the balance under section 27. 2. The individual may require all or part of the balance to be transferred to a locked-in retirement account or a life income fund under section 28. 3. The individual may require all or part of the balance to be transferred to another pension plan registered under the Income Tax Act (Canada), provided the administrator of that pension plan agrees to the transfer, in which case section 28 applies to the transfer, with necessary modifications. 4. The individual may require all or part of the balance to be transferred t…

• 59Regulations

  59 (1) The Lieutenant Governor in Council may make regulations respecting anything necessary or advisable for the purpose of implementing this Part, except as provided for under subsection (2). 2025, c. 2, s. 8. Regulations relating to s. 58 (5) (2) The Minister of Finance may make regulations for the purposes of subsection 58 (5). 2025, c. 2, s. 8. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 8 - 01/01/2026

• [s73]

  SCHEDULE 1 INITIAL TERMS FOR MPP SUPPLEMENTAL PENSION PLAN

• 1 #74Vesting of benefits

  1 Benefits shall vest, (a) for an individual who is a member of the Assembly during the 44th Parliament, (i) on the day the 44th Parliament is dissolved, if the individual is still a member of the Assembly on that day and, on that day, the individual has at least six years of service as a member of the Assembly, or (ii) on the day the individual dies, if the individual dies before the 44th Parliament is dissolved and, on the day the individual dies, the individual is still a member of the Assembly and has at least six years of service as a member of the Assembly; and (b) for an individual who is a member of the Assembly during a Parliament after the 44th Parliament but for whom subclause (a) (i) does not apply, on the day the individual has at least six years of service in the MPP supplemental pension plan.

• [s75]
• 2 #75Eligibility for pension

  2 To be eligible to receive a pension, an individual must be at least 55 years old and must have benefits in the MPP supplemental pension plan that have vested.

• 3 #76Salary average used for accrual of benefits

  3 The benefit accrual rate shall be applied to the highest average annual salary over 36 consecutive months of service in the MPP supplemental pension plan.

• 4 #77Amount of pension

  4 The annual amount of the pension payable to an individual shall be 3 per cent of the individual’s average annual salary multiplied by the individual’s years of service in the MPP supplemental pension plan, to a maximum of 35 years of service, subject to any reductions or adjustments under other sections of this Schedule.

• 5 #78Reduction at age 65

  5 The annual amount of an individual’s pension shall be reduced, when the individual reaches the age of 65 years or if the individual is already 65 years old or older when they begin to receive the pension, by the product of, (a) 0.7 per cent of the lesser of, (i) the individual’s average annual salary, and (ii) the individual’s average year’s maximum pensionable earnings; and (b) the individual’s years of service in the MPP supplemental pension plan, to a maximum of 35 years of service.

• 6 #79Reduction if begin to receive pension before age 65

  6 If an individual is less than 65 years old when they begin to receive their pension, the pension shall be reduced by 2 per cent for each year between when they begin to receive their pension and when the individual reaches the age of 65 years.

• 7 #80Inflation adjustment

  7 An individual’s pension shall be adjusted for inflation in the same manner and at the same time as pensions payable under the Public Service Pension Plan.

• 8 #81Reduction for amounts payable under other plans

  8 The pension payable under the MPP supplemental pension plan to an individual shall be reduced by any amount payable to the individual under the Public Service Pension Plan and any applicable supplemental pension plan established under the Public Service Pension Act in respect of the same period for which benefits accrued under the MPP supplemental pension plan.

• 9 #82Reduction while receiving an MPP salary

  9 The pension paid to an individual while they are receiving a salary as a member of the Legislative Assembly shall be reduced in accordance with the terms of the MPP supplemental pension plan, unless the terms of the MPP supplemental pension plan provide otherwise.

• 10 #83Member contributions not required

  10 A member of the MPP supplemental pension plan is not required to contribute to that plan.

• 11 #84Definitions

  11 In this Schedule, “average annual salary” means the highest average salary referred to in section 3 of this Schedule; (“traitement annuel moyen”) “average year’s maximum pensionable earnings”, with respect to a member, means the average of the year’s maximum pensionable earnings under the Canada Pension Plan for the year in which the member ceases to be a member of the MPP supplemental pension plan and for each of the two preceding years. (“moyenne des maximums des gains annuels ouvrant droit à pension”) 2025, c. 2, s. 9. Section Amendments with date in force (d/m/y) 2025, c. 2, s. 9 - 01/01/2026 ______________