This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Cost of Living Regulations

made under Section 19 of the
Members' Retiring Allowances Act
R.S.N.S. 1989, c. 282
O.I.C. 75-342 (April 1, 1975), N.S. Reg. 67/75
as amended up to and including O.I.C. 93-175 (Feb. 16, 1993), N.S. Reg. 28/93

Schedule "A"

1 In these regulations

(a) "Act" means the Members' Retiring Allowances Act;

(b) "Member" means a Member of the House of Assembly as defined in the Act.

2 A Member who has ceased to be a Member before attaining age fifty-five, and would if he had attained age fifty-five be entitled to an allowance pursuant to the provisions of the Act, may be paid an allowance at a reduced level. The reduced level allowance shall be calculated by determining the allowance to which the Member would be entitled at age fifty-five years and multiplying that allowance by the Factor for his present age shown opposite the ages in the Table set forth here below. For non-integral ages the Factor shall be calculated from the Factors for the integral ages above and below the actual age of linear interpolation.

Table

Age of member at date pension commences Factor
40.4141
41.4362
42.4597
43.4849
44.5118
45.5406
46.5716
47.6050
48.6411
49.6800
50.7223
51.7684
52.8185
53.8734
54.9337
551.0000

3 These regulations shall be effective from and including the 28th day of November, 1974.

Schedule "B"

1 In these regulations

(a) "Act" means the Members' Retiring Allowances Act and any regulations made pursuant thereto;

(b) "Member" means a member of the House of Assembly as defined in the Act.

2 The annual allowance payable under the Act on retirement to a Member who had become entitled or becomes entitled to receive the same during the periods set forth immediately here below and is alive at the time these regulations are made by the Governor in Council shall be increased by the percentage set forth opposite the said period as follows:

The years prior to January 1, 196533%
The period from Jan. 1, 1966 to Dec. 31, 1966, both dates inclusive30%
The period from Jan. 1, 1967 to Dec. 31, 1967, both dates inclusive27%
The period from Jan. 1, 1968 to Dec. 31, 1968, both dates inclusive24%
The period from Jan. 1, 1969 to Dec. 31, 1969, both dates inclusive21%
The period from Jan. 1, 1970 to Dec. 31, 1970, both dates inclusive18%
The period from Jan. 1, 1971 to Dec. 31, 1971, both dates inclusive15%
The period from Jan. 1, 1972 to Dec. 31, 1972, both dates inclusive12%
The period from Jan. 1, 1973 to Dec. 31, 1973, both dates inclusive9%
The period from Jan. 1, 1974 to Dec. 31, 1974, both dates inclusive6%
The period from Jan. 1, 1975 to Dec. 31, 1975, both dates inclusive3%

3 Any allowance payable pursuant to Section 13 or Section 14 of the Act to any person other than a Member who had become entitled or becomes entitled to receive the same during the periods set forth in Regulation 2 hereof and is alive at the time these regulations are made by the Governor in Council, shall be increased by the percentage set forth opposite the periods in Regulation 2 hereof except that this regulation shall not apply where the allowance has been increased pursuant to Regulation 2 hereof.

4 The increases added hereunder shall be made after the calculation of the allowance has been made in accordance with Section 12 of the Act and Regulation 2 of regulations made February 2, 1971 by the Governor in Council pursuant to the Act, and shall be payable only in respect of the allowance payments made on and after April 1, 1975.

5 The annual allowance payable on retirement to a Member or the allowance payable pursuant to Section 13 or Section 14 of the Act to any person other than a Member shall, effective January 1, 1976, be increased annually on each January 1 thereafter by multiplying the amount of the said allowance, or the said portion thereof, by the percentage ratio that the Pension Index for the year bears to the pension for the previous year. Notwithstanding this, however, the said ratio multiplier shall not in any given year commencing January 1, 1976 to December 31, 1979, exceed 2%.
Section 5 replaced: O.I.C. 80-260, N.S. Reg. 31/80.

5A The annual allowance payable on retirement to a Member, or the allowance payable pursuant to Section 13 or Section 14 of the Act to any person other than a Member shall be increased on January 1, 1980 and annually on each January 1 thereafter by multiplying the amount of the said allowance or the said portion thereof by the percentage ratio that the Pension Index for the year bears to the pension for the previous year. Notwithstanding this, however, the said ratio multiplier shall not in any given year commencing January 1, 1980, exceed 6%.
Section 5A added: O.I.C. 80-260, N.S. Reg. 31/80.

6 In these regulations "Pension Index" shall mean as follows:

(a) the Pension Index for the year 1967 is the average of the Consumer Price Index for Canada, as published by the Dominion Bureau of Statistics under the authority of the Statistics Act, for each month in the twelve months' period ending October 31, 1966;

(b) Pension Index for subsequent years - subject to paragraph (c), the Pension Index for the year 1968 and each following year shall be calculated in the prescribed manner as the average of the Consumer Price Index referred to in paragraph (a) for each month in the twelve months' period ending October 31 in the preceding year, or 1.02 times the Pension Index for the preceding year whichever is the lesser;

(c) exception - For any year for which the calculation required by paragraph (b) yields a Pension Index that is less than 1.01 times the Pension Index for the preceding year, the Pension Index shall be taken to be the Pension Index for the preceding year;

(d) adjustment of Index - whenever the Consumer Price Index for Canada is revised to a new time basis with a resulting percentage adjustment being made in the figures for such Index, a corresponding percentage adjustment shall be made in all values then existing of the Pension Index.

7 Notwithstanding anything in these regulations, on, from and after January 1, 1993, the calculation of increases to the annual allowance provided for in these regulations shall be qualified by multiplying the number expressed as a percentage which is the result of such calculation by the fraction (expressed as a decimal fraction and rounded to the nearest one-thousandth or, where the fraction is equidistant from two consecutive one-thousandths, to the higher thereof) the numerator for which shall be the number of months during the calendar year immediately preceding the applicable January 1 calculation date during which a member was in receipt of or a person other than a member was entitled to an annual allowance and the denominator for which shall be the number twelve (12).
Section 7 added: O.I.C. 93-175, N.S. Reg. 28/93.

8 These regulations shall be effective from and including the first day of April, 1975.