(3) When a civil servant who has been superannuated on account of ill-health or physical or mental incapacity is re-employed his allowance shall be suspended during the period of his re-employment and the time during which such re-employment continues shall be counted in determining the superannuation allowance to which he is entitled on his final retirement. AMOUNTS OF ALLOWANCES. of super determined 11. The superannuation allowance payable hereunder, How amount except as provided for in section 12 shall be calculated annuation upon the average yearly salary of the civil servant during the last three years of service, and shall be one-fiftieth part of such salary multiplied by the total number of his years of continuous service and any fraction of a year, including service previous to appointment by order in council where such service has been continuous and the civil servant has contributed as provided by section 22; but no more than thirty-five years of service shall be reckoned, nor shall the yearly allowance exceed in any case the sum of $2,000, nor, in case a civil servant is superannuated under section 4, shall such allowance be less than $360, and in no case shall the annual allowance exceed the final annual salary of the civil servant. superannuation service before 12. A civil servant who is in the service at the com- Payment of mencement of this Act and has been so continuously for to persons in ten years before that date, and who is retired at any time Act on account of having reached the age of retirement, shall receive annually as a superannuation allowance one-half of the salary which he was receiving immediately preceding his superannuation, but such allowance shall in no case exceed annually the sum of $2,000. If, however, such civil servant has served more than twenty-five years continuously the amount of the allowance shall be computed in accordance with the provisions of section 11. civil servant less than ten years 13. A civil servant who is in the service at the com- When retiring mencement of this Act and who retires on account of has served having reached the age of retirement before he has been ten years in the service, shall be paid in a lump sum an amount equal to one-tenth of the annual salary which he was receiving immediately before retirement multiplied by the number of years he has been continuously in the service, but such amount shall in no case exceed $2,000. in North Territories 14. Employment in that part of the North-West Employment Territories now included in Saskatchewan, under the west government of the Territories or of Canada, or employment under the government of Canada in Saskatchewan prior to the first day of January, 1907, shall, if continuous with employment under the government of Saskatchewan, Board to decide eligibility be deemed for the purposes of this Act to have been employment under the government of Saskatchewan and the employee to have been a member of the civil service of Saskatchewan during the whole period of his employment under either government; and such period shall be taken into account in reckoning the amount of any superannuation allowance to which the employee becomes entitled under this Act. 15. No allowance shall be granted to a civil servant unless the board reports that he is eligible within the meaning of this Act. PAYMENTS TO FAMILY. Payments on death of 16. (1) If a superannuate dies leaving a widow, superannuate one-half of the allowance to which he was entitled shall be paid to his widow for life or during widowhood; and there shall be paid to each child under the age of eighteen years, if any, until it attains that age, a sum equal to 10 per cent. of the allowance, the total amount payable to the children not to exceed one-quarter of the allowance and to be divided equally between them. If the superannuate's wife has predeceased him or if she, having survived him, dies or remarries, her one-half allowance shall be paid to those of his children, if any, who have not attained the age of eighteen years and shall be paid until they attain that age, in lieu of the sums to which they were entitled before the death or remarriage of their mother. Payments on death of a civil servant (2) When a superannuate dies before receiving an amount equal to one year's allowance, and leaving neither widow nor children, there shall be paid to his personal representative or nominee, or to a member of his family, as the board may direct, a sum equal to the remainder of such amount. 17.-(1) If a civil servant dies after having served for at least ten years continuously, and leaving a widow, one-half of the allowance to which he would have been entitled, had he been superannuated at the date of his death, shall be paid to the widow for life or during widowhood; and there shall be paid to each child under the age of eighteen years, if any, until it attains that age, a sum equal to 10 per cent. of the allowance, the total amount payable to the children not to exceed one-quarter of the allowance and to be divided equally between them. If the civil servant's wife has predeceased him or if she, having survived him, dies or remarries, her one-half allowance shall be paid to those of his children, if any, who have not attained the age of eighteen years and shall be paid until they attain that age, in lieu of the sums to which they were entitled before the death or remarriage of their mother. (2) When a civil servant dies after having served for at least ten years continuously, and leaving neither widow nor children, there shall be paid to his personal representative or to a member of his family, as the board may direct, a lump sum not exceeding the contributions made by him during his lifetime with interest. 18. Where a civil servant dies before he has served Death before ten years' for ten years, there shall be granted to his widow, if any, service or if no widow to those of his children, if any, who have not attained the age of eighteen years, or if neither widow nor any such children to such of his next of kin as the board may direct, a lump sum not exceeding his total contributions with accrued interest. or children 19.-(1) Subject to the provisions of subsection (2), Where widow no allowance shall be granted to the widow or child of get no a superannuate or civil servant: (a) if such widow or child is in the opinion of the (b) if the deceased married after superannuation; or (c) if the deceased married after this Act came into Provided, however, that a breach of the conditions as to the marriage shall not prejudice the right of a child of an earlier marriage to an allowance. (2) No allowance shall be granted to the adopted child of a superannuate or civil servant: (a) if such child was adopted after the superannua- (b) was adopted after this Act came into force, his allowance allowance reduced 20. If a civil servant marries after this Act comes when into force and if his age exceeds that of his wife by twenty to widow years or upwards, the allowance to such wife shall be reduced by such an amount as the board may by regulation prescribe. discontinuance 21. The allowance to a widow or child may be suspend- Suspension or ed or discontinued if in the opinion of the board such of allowance widow or child becomes unworthy of it. TEMPORARY AND PERMANENT EMPLOYMENT. 22. A person who: (a) before this Act comes into force was temporarily employed in the civil service, and is so employed at that date; or (b) is temporarily employed after that date; and in either case is subsequently appointed to a permanent position in the service, and whose temporary employment has been continuous up to the time of his permanent employment, may, within one month after such permanent appointment, give notice in writing to the board to deduct from his salary the amount which would have been payable had he been appointed permanently at the date when this Act comes into force or at the date of his temporary employment, whichever is later, and in the event of his so doing, shall be entitled to credit for the period of his temporary employment in reckoning the amount of any annual allowance subsequently payable to him; but, in the event of his failure to give notice, the period of temporary employment shall not be included in such reckoning. Refund to certain civil servants Refunds-no right to demand Manner of payment of super annuation allowance Payments to be made by requisition of chairman of board REFUNDS. 23. When a civil servant retires voluntarily or is dismissed from the service, or his office is abolished and he is no longer employed, the sums which have been deducted from his salary shall be forthwith refunded to him with accrued interest. 24. Except as herein expressly provided nothing in this Act shall be construed to confer upon any person any right to demand or enforce the repayment of his contributions or the payment of interest. MISCELLANEOUS. 25. The superannuation allowance payable to a retired civil servant, or to his widow or children, shall be paid in monthly instalments in the manner hereinafter provided. 26. (1) The payment of any benefit under this Act, or of any expense incurred in its administration, shall be made upon a requisition in writing signed by the chairman of the board, directing the issue of a cheque by the Provincial Treasurer for the amount named in the requisition. Such direction shall be final and conclusive. (2) Cheques shall be signed by the Deputy Provincial Treasurer and the Provincial Auditor, or by such other officials as may be designated for the purpose by the Treasury Board. 27. The Provincial Auditor shall conduct a continuous Audit audit of the affairs of the board. fund 28. Contributions by civil servants shall form part Consolidated of the consolidated fund, and superannuation allowances, lump sum payments and refunds, together with any accruals of interest thereon shall be a charge on that fund and shall be paid therefrom. 29. Interest shall be calculated at the rate of five Interest per cent. per annum or such other rate as may from time to time be prescribed by the Treasury Board, compounded half yearly. moneys in 30. Where money is payable to or in respect of a civil Retention of servant retired, dismissed or deceased, who has made default default in accounting for public moneys, the Provincial Treasurer may retain the amount so payable or so much thereof as is necessary for repayment of the moneys in default. certificate 31. Where a civil servant is retired on account of ill- Doctor's health or physical or mental incapacity or is re-employed, required the physical or mental condition of such civil servant shall be established by certificate of a duly qualified medical practitioner, nominated by the board. of allowance 32. Any payments to be made under the provisions Assignment of this Act shall be exempt from provincial and municipal prohibited taxes, and shall not be subject to garnishment or attach- and tax ment or seizure or any legal process, and shall be unassignable. exempt 33. If a civil servant was absent on active service in Absence the Great War, with or without leave, such absence shall Great War during not be deemed a discontinuance of service, but such civil servant shall be deemed to have been in the employ of the government during the period of his absence. application 34. The Lieutenant Governor in Council may at any Extending the time by order declare that the members of any board of the Act or commission whose members are appointed by the Lieutenant Governor in Council, and the employees of such board or commission, or any class or description of persons in the employ of the Government of Saskatchewan, shall be entitled to the benefit of this Act, and thereupon such members or employees or the persons of that class or description shall be deemed, for the purposes of this Act, to be included in the civil service, and the provisions of this Act shall apply to them. accordingly. |