BILL NO. 80

(as introduced)

5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013

Government Bill

Members' Retiring Allowances Act
(amended)

The Honourable Frank Corbett
Government House Leader

First Reading: May 6, 2013

(Explanatory Note)

Second Reading: May 7, 2013

Third Reading: May 9, 2013 (LINK TO BILL AS PASSED)

This Bill provides that, where a member or former member of the House of Assembly is convicted of an indictable offence that is punishable by imprisonment for a maximum of more than 5 years, the member or former member is not entitled to a retiring allowance under the Members' Retiring Allowances Act if the offence occurred while the member or former member was a member of the House. Such a member or former member receives a refund of contributions plus interest but minus any retiring allowance paid to the member or former member, any entitlement of a former spouse and any court-ordered restitution. The Minister of Finance may also deduct any amounts owing to the Province. This Bill applies to convictions after the introduction of this Bill.

1 (1) Section 16 of Chapter 282 of the Revised Statutes, 1989, the Members' Retiring Allowances Act, is amended by adding immediately after subsection (3) the following subsection:

(3A) Where a person is convicted of an indictable offence that is punishable by imprisonment for a maximum of more than five years, and the offence occurred in whole or in part while the person was a member of the House and regardless of whether the offence occurred before or after the coming into force of this subsection, any amounts paid by that person under this Act, with interest at a rate fixed by the regulations, shall be paid to the person upon such conviction.

(a) striking out "or" the second time it occurs in the second line and substituting a comma; and

(b) adding "or subsection (3A),".

(3) Section 16 is further amended by adding immediately after subsection (4) the following subsections:

(5) From any amount payable to a person pursuant to subsection (3A) shall be deducted the amount of any allowance paid under this Act to the person.

(6) From any amount payable to a person pursuant to clause (d) of subsection (3) or subsection (3A) may be deducted by the Minister all sums ordered by a court of competent jurisdiction to be owing to the Province in connection with the conviction referred to in subsection (3A).

(7) Nothing in this Section affects any entitlement of a person who is a former spouse of a member or former member at the time the member is expelled from the House or the member or former member is convicted as set out in subsection (3A).

(8) Any amount referred to in this Section to be payable to the member or former member shall have deducted from it an actuarially determined sum required to fund the entitlement of a former spouse described in subsection (7).

(9) For the purpose of subsection (4), the determination of the amount paid by a person in respect of subsection (3A) is deemed to include any sums deducted pursuant to subsection (5), (6) or (8).

16A Where, in the opinion of the Minister, a debt is due by a member or former member to Her Majesty in right of the Province and regardless whether the debt was incurred before or after the coming into force of this Section, the Minister may deduct from any amount under this Act to the credit of a member or former member, or any pension income entitlement under this Act in favour of a member or former member, sums necessary to make good the debt.