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Public Service Allowance Regulations

made under Section 19 of the
Members' Retiring Allowances Act
R.S.N.S. 1989, c. 282
O.I.C. 80-934 (July 4, 1980), N.S. Reg. 109/80

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;

(c) "public service", for the purpose of a Member's allowance, means service in an elected public office;

(d) "service in an elected public office" means service as a result of election in Nova Scotia to public office

(i) pursuant to the Elections Act,

(ii) as a mayor, alderman, warden or member of a council of a municipality, an incorporated town, or a city in the Province of Nova Scotia.

2 Any Member electing to purchase elected public service as service as a Member shall make such application in writing to the Minister within 12 months from either

(a) in respect of a Member who is a Member of the House of Assembly, May 26, 1980; or

(b) the date he is sworn in as a Member of the House of Assembly and signs the Roll.

3 Payments made, and interest calculated thereon, pursuant to clause (k) of Section 15 of the Act, shall be made in accordance with the following: [Note: Clause 15(k) of the Act repealed by Section 7, S.N.S. 1983, c. 35.]

(a) the Members share and the share normally paid by the Minister shall be based on the annual indemnity at the time of becoming a Member or the annual indemnity at the time the Member elects to purchase his elected public service, whichever is the greater;

(b) the interest shall be calculated and paid in respect of the period commencing from the date the Member assumed elected public office to the date the Member elects to purchase his prior elected public service;

(c) for the purposes of calculating interest payments pursuant to the Act, interest rates used for calculations shall be the same as rates set forth in Section 6 of the Act.

4 The maximum period over which a Member may pay for the purchase of service in an elected public office by payroll deductions or instalments shall be the lesser of the length of service being purchased or five years.

5 The applicable rate of interest required by the payroll deduction or instalment provisions of Regulation 4 of these regulations shall be at the rate of 9 1/2% per annum during the amortized instalment payment period.

6 Notwithstanding the provisions of these regulations,

(a) Members of the House of Assembly shall make contributions in respect of each year of service as a Member of the House to a maximum of 15 years of service;

(b) in any case where a Member has contributed in respect of 10 years of service in the House, he shall be refunded the payment made by him, including the interest payment, in respect of his public service years in elected public office, or where a Member retires and his combined years of service as a Member of the House and elected public office are in excess of 10 years service, he shall be refunded the payment made by him, including the interest payment in respect of the public service years which are in excess of 10 years.


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