Minister from among the chief officers of the railway (one of whom shall always act as chairman in the absence of the General Manager), and the remaining two shall be elected annually by the employees contributing to the fund.

2. The head office of the Board shall be at Moncton, in the Head office. province of New Brunswick, where all meetings of the Board shall be held.

8. The Board may, subject to the approval of the Minister, Regulations by Board. and to the provisions of this Act, make rules and regulations for the following purposes:—

(a) The government of the Board, and the time when, and the manner in which, meetings of the Board shall be held;

(b) The time, place and manner of holding elections for those members of the Board to be elected by the employees, and the manner in which vacancies among them shall be filled;

(c) The eligibility of employees or persons to contribute to, or participate in the benefits of, the fund;

(d) The determination of the amount of the contribution to be made or the allowance to be received in any case by any employee;

(e) The times when, the manner in which, and all conditions under which such allowance shall be payable and payments made;

(f) The distribution and expenditure of the fund for the efficient operation thereof; and

(g) Generally for the proper and efficient carrying out of the objects of this Act.

2. The General Manager may, with the approval of the Minis- Regulations by general ter, make rules and regulations fixing and determining the manager. time, place and manner of holding the first election for those members of the Board to be elected by the employees for the first year of the existence of the Board.

Board.

9. The Board shall from time to time, and as often as the Reports by Minister requires, make written reports of its action to the Minister.

of Board.

10. A secretary of the Board shall be appointed by the Secretary Governor in Council.

2. The secretary shall be paid out of the fund such salary as the Minister, on the recommendation of the Board, determines. 3. The secretary shall be subject to the Board, and shall obey all orders and directions of the Board touching his duties and the conduct of his office.

tion of fund.

11. The fund shall be administered by the Minister through Administrathe Board in accordance with this Act and with the rules and regulations of the Board.

allowances to

12. The following classes of persons shall, upon the recom- Retiring mendation of the Board and the approval of the Minister, but employees.

Amount of allowance.

Reckoning of

average pay.

Minimum and maximum

allowance.

First payment.

Reckoning service.

subject to this Act and to the rules and regulations of the Board, upon being retired by the Minister from service, be entitled for the remainder of their lives to monthly allowances as provided for in this Act:

Class A. Those who have attained the age of seventy years after being fifteen years in the service;

Class B. Those who, after being fifteen years in the service, become physically or mentally incapacitated from following their usual occupation in the service;

Class C. Those who have attained the age of sixty years after being fifteen years in the service, and request to be retired from the service;

Class D. Those who are permanently disabled from following their usual occupation in the service as a result of injuries received while on duty and actually at work in the service;

Class E. Those who, previous to the coming into force of this Act, entered the service at such an advanced age as to cause them to reach the age of seventy years before being fifteen years in the service; provided that on attaining the age of seventy years they have been at least ten years in the service.

13. The allowance to be paid under this Act shall be a monthly allowance of one and one-half per cent of the average monthly pay received by an employee for the eight years immediately preceding his retirement for each year of his service, and shall be paid monthly from the fund upon retirement for the remainder of his life.

2. In ascertaining the average monthly pay received by an employee for the said eight years, if in any month the employee did not receive an amount equal to one-half of his then regular monthly salary or wage, such month and the amount received. by him for such month shall not be included; and in the case of an employee in the service at the time of the coming into force of this Act whose salary or wage has been reduced for a period at the end of his service on account of inability from old age, or mental or physical infirmity, to perform the duties required of him, the average monthly pay, in the discretion of the Board with the approval of the Minister, shall be reckoned for the eight years immediately preceding the date at which his salary or wage was so reduced.

3. In no case shall the monthly allowance to any person be less than twenty dollars per month, or more than two-thirds of the said average monthly pay.

4. The monthly allowance shall be payable from the first day of the month next succeeding the date of retirement under this Act, and thereafter shall become due and payable on the first day of each month.

14. For the purposes of this Act, service shall be reckoned from the date of entry into service to the date of retirement; provided that no period of service, rendered after the coming

into force of this Act, and after an employee has attained the age of seventy years shall be included in the computation; provided also that, if the service has not been continuous, for any reason, the period or periods during which the service has been interrupted and for which the employee has received no remuneration shall not be counted; provided further that a fraction of a month less than one-half shall not be counted, and that a fraction equal to or more than one-half shall be counted as one month.

and certi

15. Every person entering the service after the coming into Medical force of this Act shall, although he contributes to the fund as examination provided by this Act, before being entitled to participate in any ficate of of the benefits to be derived therefrom, work at least six months competency. in the service on probation, and at the end of such probationary period pass before a duly qualified medical practitioner a medical examination satisfactory to the Board and obtain from the General Manager a certificate in writing that he considers him competent to perform the duties required of him. Upon any such person failing to pass such medical examination or to obtain such certificate he shall no longer be a contributor to the fund, and shall be refunded the whole amount of his contributions to the fund, without interest.

16. No person shall be entitled to an allowance under this Disabled Act on account of physical or mental incapacity, or permanent allowances to disability, unless he is first examined and his case is passed

upon by the physician appointed by the Board, and unless his allowance is approved under this Act.

2. The decision of the Board upon the report of the physician Decision of as to the employee's physical or mental capacity or permanent Board. disablement shall be final.

3. The cost and expense of such medical examination or any Cost of other medical examination required under this Act, or by the medical exBoard, shall be a charge against, and shall be paid out of, the fund.

amination.

employees.

17. The following employees, notwithstanding anything in Non-partithis Act, shall not participate in any of the benefits of the fund cipating under this Act, nor be entitled to a refund of any portion of the contributions made by them to the fund, that is to say:

(a) those, except as in this Act provided, who voluntarily retire from the service:

(b) those who are discharged from the service on account of wilful default, misconduct, negligence in the performance of their duties, drunkenness, fraud or dishonesty.

18. This Act shall not apply to any employee who is subject Exempted to the provisions of The Civil Service Superannuation Act, nor employees. to any person entering the service after the coming into force

of this Act, and after having attained the age of thirty-five

Refund to discharged employees.

Refund if employee dies in service.

Membership in I.C.R.

Employees

Relief and Insurance

years, if inexperienced in railway work, or of forty-five years, if experienced in railway work or professionally employed; and the question as to whether such person at the time of his entry is a person experienced or not in railway work, or professionally employed, shall be for the determination of the Minister on the report of the Board.

19. Employees who are discharged from the service, for any cause other than those mentioned in paragraph (b) of section 17, after they have been three or more years contributors to the fund, may be paid out of the fund the total amount of their contributions to the fund, but without interest and less the cost and expenses of medical examinations.

20. In the event of an employee who has been a contributor to the fund dying while in the service, the Board, with the approval of the Minister, may pay out of the fund to the beneficiary named by the employee, or, failing such beneficiary, to his widow, or if he should leave no widow, then to his child or children, parent or other relative or relatives as, and in such proportions as, in its uncontrolled discretion, the Board with the approval of the Minister determines a sum equal to ninety per cent of the total amount of such employee's contributions to the fund, but without interest.

21. Any person in receipt of a monthly allowance under this Act shall cease to be regular member of the Association and shall thereby relinquish all claim to any sick or accident beneAssociation. fits from the Association; provided that he may, if he so desires, retain his membership in the Association in regard to the life insurance feature of the Association, in which case the Board may each month deduct and pay over to the Association out of his monthly allowance, the monthly death-levy due by him to the Association.

Limitation.

Insufficiency of fund; increase of contributions

of allow

ances.

2. No person shall be entitled to receive both a monthly allowance under this Act and the total-disability allowance from the Association, but it shall be optional with him, at the time of his retirement, to designate which he shall receive.

22. Whenever it is determined by the Board or the Minister (a) that the monthly allowances to be paid under this Act create or reduction demands in excess of the contributions to the fund, or greater than the fund will provide for, or that the fund is not, or is not likely to be, sufficient to continue the payment of such allowances, or (b) that the monthly contributions to be paid by the employees under this Act are in excess of the requirements of the fund, and as often as any or either of such conditions arise, the Board may, with the approval of the Minister, and shall at the request of the Minister, with respect to (a), either increase the amount of the contribution by the employees, or create a new basis ratably reducing the monthly allowances so that

the expense may be brought within the limit of the fund, and, with respect to (b), decrease the amount of the monthly contributions to be paid by the employees, and the action of the Board in increasing or decreasing the contributions or establishing such new basis shall, upon being approved by the Minister, be conclusive and binding upon the employees.

2. Notice of such increase or decrease or new basis shall be Notice of change. given, in such manner as the Board prescribes, at least one month prior to the date fixed for the taking effect thereof.

not alienable or attachable.

23. The monthly allowance to which any person shall be Allowance entitled under this Act shall not be alienable or liable to attachment, levy or seizure by or under any legal process.

inconsistent with receipt

24. The acceptance of a monthly allowance by any person Business not under this Act shall not debar him from engaging in any other business or occupation; provided that the Board, with the of allowance. approval of the Minister, may, in the case of any recipient of a monthly allowance under the age of sixty years being wholly or partially so engaged, modify or reduce his allowance or deal with his case as it thinks fit; but should he re-enter the service, his monthly allowance shall cease.

defined.

25. Except as in this Act expressly provided, nothing in Rights this Act, and no action taken or payment made by virtue hereof, shall be construed as giving or deemed to give any person or employee any right to be retained in the service, or any right or claim to any allowance or refund; and the right is expressly reserved to the Minister to discharge at any time any employee when the interests of the railway in his judgment so require, without any liability on the part of His Majesty, or any officer acting under this Act, for any claim. for or on account of any contribution, refund or allowance under this Act.

26. Nothing in this Act, and no action taken, thing done or Liability for payment made by virtue hereof, shall relieve His Majesty from damages. liability in the event of damage arising from the negligence, omission or default of any officer, employee or servant of the Minister.

27. This Act shall come into force on the first day of April, Commence1907.

ment of Act.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's

most Excellent Majesty.