Public Service Superannuation Regulations

42 (1) Where a contributor to whom subsection 23(2) of the Act applies ceased or ceases to be employed in the public service not having reached 60 years of age, for any reason other than disability or abolition of post, the amount of any benefit payable to the contributor under the Act, other than a return of contributions, shall be adjusted until such time as the contributor reaches 60 years of age in such manner that only that proportion of the benefit to which they would be entitled if they were not a transferred pensionable Newfoundland employee that their Canadian service is of their total pensionable service shall be payable to them.

(1.1) Subsection (1) does not apply where a contributor to whom subsection 23(2) of the Act applies ceases or ceased to be employed in the public service subsequent to August 30, 1977 having reached 55 years of age and having 30 years of pensionable service to their credit.

(2) In this section,

abolition of post

abolition of post has the same meaning as in the Newfoundland Act; (suppression de poste)

Canadian service

Canadian service means any period of service, other than Newfoundland service, that may be counted as pensionable service for the purposes of the Act. (service canadienne)

(3) Where a person referred to in subsection (1) elected or elects under subsection 3(1) of The Civil Service (Transferred Employees) Act, 1956 of Newfoundland or subsection 3(1) of The Civil Service Transferred Employees Act, 1978 of Newfoundland to receive the pension specified in paragraph (b) of that subsection, there shall be paid to them, in respect of their service with the Government of Newfoundland and, in addition to any other payment to which they are entitled under the Act, a fraction of the pension related to their Newfoundland service that would have been payable to them had they retired upon reaching 60 years of age, such fraction to be determined as follows:

• (a) the numerator is the period of pensionable service to their credit; and

• (b) the denominator is the aggregate of

  • (i) the period of pensionable service to their credit, and

  • (ii) the number of years by which their age at the time they cease to be employed in the public service is less than 60.