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Copyright © 2004: City of St. John's,
St. John's, Newfoundland, Canada
Important Information
(Includes disclaimer and copyright information and details about the availability of printed and electronic versions of the By-Laws.) |
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Pursuant to the powers vested in it under the City of St. John’s Act, R.S.N. 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to the establishment of a pension plan for members of Council.
BY-LAW
1. This By-Law may be cited as the “Council Pension By-Law”.
(1) This By-Law shall apply to only those persons who have served on Council prior to July 1, 2013;
(2) (i) Persons subject to this By-Law may opt out of its provisions by giving notice to the City Clerk on October 7, 2013;
(ii) Persons who choose to opt out of this By-Law on October 7, 2013, shall not be able to choose to be subject to this By-Law at a later date and shall receive no credit for service accumulated pursuant to the terms of this By-Law. (Amended 07/08/2013; #1568)
2. In this By-Law:
(a) “base annual salary” shall mean the salary paid to Mayor, Deputy Mayor or Councillor in any year, excluding any allowance for expenses or other benefits;
(b) “term” shall mean the term of office of a Council from the date the Council is sworn in until the date a subsequent Council takes office;
3. (1) (a) A person who is elected to Council in a by-election and serves more than 24 months of the term during which he is elected shall, upon the expiration of the term, be considered to have served a full term for the purpose of determining pensionable service.
(b) A person who retires from Council before the end of a term, but who has served at least 24 months of the term during which he retires shall be considered to have served a full term for the purpose of determining pensionable service.
(2) Notwithstanding the provisions of subsection (1), a person who was elected in 1992 to represent the former municipalities of Town of Goulds or Town of Wedgewood Park shall be considered to have served the full term, which term ended November, 1993, for the purpose of determining pensionable service.
4. A pension shall be payable to persons who have served as Mayor, Deputy Mayor or Councillor for not less than two terms and who have reached the age of 55 years.
5. (1) The pension payable shall be a percentage of the Mayor, Deputy Mayor or Councillors’ base annual salary as of the date he left elected office calculated as follows:
2 terms - 20% of base annual salary
3 terms - 40% of base annual salary
4 or more terms - 60% of base annual salary
and shall be indexed in the same manner as the employees pension plan may be from time to time.
(2) The base annual salary to be used in calculating pension for a person who has served as either Mayor, Deputy Mayor or Councillor shall be the final salary received by the person as either Mayor, Deputy Mayor or Councillor, whichever is greater.
6. (1) A pension shall be paid bi-weekly, commencing the week following which the Mayor, Deputy Mayor or Councillor, having attained the age of 55 years, leaves office. For persons who leave office and have not attained the age of 55 years, pension shall commence upon such person attaining the age of 55 years.
(2) Notwithstanding the foregoing a pension paid under section 6(1) shall be suspended should the person in receipt of same become a member of Council and shall remain suspended until such time as the person is no longer a member of Council.
(3) Pension payable to a person whose pension is reinstated following a suspension under section 6(2) shall be based upon total Council service and calculated based upon the base annual salary in section 5 herein. (Amended 11/06/09; #1531)
7. (1) The spouse of a deceased Mayor, Deputy Mayor or Councillor shall be entitled to receive 2/3 of the pension being received by the deceased spouse at the time of the deceased spouse’s death. If the deceased spouse was not 55 years of age at the time of his death, the surviving spouse shall not be entitled to any pension benefit until such time as the deceased spouse would have attained the age of 55 years.
(2) Pension benefits payable to a surviving spouse shall terminate upon either the death of the surviving spouse.
8. The Mayor and Councillors’ Pension By-Law enacted April 9, 1980, and all amendments thereto, is hereby repealed. |
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