Legislation To Repeal Mandatory Retirement

Provincial government employees who turn 65 will find it easier to continue to work thanks to a legislative amendment introduced in the House of Assembly today, Sept. 30.

The amendment to the Public Service Superannuation Act will remove the mandatory retirement provision for employees within the Public Service Superannuation Plan. The plan covers all civil service employees, employees of Crown corporations, Workers' Compensation Board employees, some Nova Scotia Community College employees and many members of the health sector.

"We know that many older workers are qualified and capable of working," said Finance Minister Peter Christie, "and we value their knowledge and experience."

Section 16 of the act currently says that employees must retire at age 65 unless the Governor in Council determines it is in the public interest to retain their services. Over the past number of years, government has routinely allowed employees to work beyond age 65 by issuing an order in council. About eight or 10 requests are made per year. This will no longer be required when the amendment is enacted.

The courts have not found mandatory retirement provisions to be unconstitutional on the basis of the Canadian Charter of Rights and Freedoms. But the amendment will bring Nova Scotia's legislation in line with most public service pension legislation in other jurisdictions. The only provinces that currently have mandatory retirement provisions are Newfoundland and Labrador, Saskatchewan and Ontario. Ontario has introduced a bill that would repeal its provision.