Bill 50 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 50 Pension Plan Statutes Amendment Act, 1985 the Provincial Treasurer (Legislature 20, Session 3)

L20 S3 3388

Alberta — Bills

1985 BILL 50 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 50 PENSION PLAN STATUTES AMENDMENT ACT, 1985 THE PROVINCIAL TREASURER First Reading Second Reading *. »»»>.. Committee ofthe Whole .•*..^. •, Third Reading Royal Assent ••c?^f

Bill 50 BILL 50 1985 PENSION PLAN STATUTES AMENDMENT ACT, 1985 (Assented to , 1985) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: Public Service Management Pension Plan Act 1(1) The Public Service Management Pension Plan Act is amended by this section.

(2) Section 1(2) is amended by striking out "in this section".

(3) Section 4(1) is amended by striking out "Legislature" and substi tuting "Legislative Assembly".

(4) The following is added after

section 10(2):

(3) Where (

a) a benefit choice has been made, and (

b) the Board is sadsfied that (

i) the choice communicated to the Minister was not that which the person making the choice actually intended, and (ii) the application mentioned in this

section does not result from a change in a person's circumstances affecting the choice, the Board may, on application made to it within 3 months from the date when the benefit was received or commenced to be paid, treat the choice as revoked, substitute for it the choice that, in the Board's opinion, the person originally intended to make and order any consequential adjustments in the benefits.

(5) Section 17(

b) is amended by striking out "and" at the end of subclause (ii), by adding ", and" at the end of subclause (iii) and by adding the following after subclause (iii):

Explanatory Notes Public Service IVIanagement Pension Plan Act 1(1) This

section will amend

chapter P-34.1 ofthe Statutes of Alberta, 1984.

(2) Section 1(2) presently reads:

(2) The Lieutenant Governor in Council may, for the purposes ofthis Act, by regulation define any expression used in this Act but not defined in this section, and the expression has the meaning so defined.

(3) Section 4(1) presently reads: 4(1) The Minister shall prepare and lay before the Legislature a report on the operation ofthe Plan with respect to each fiscal year

(4) Board powers respecting benefit choices.

(5) Section 17(

b) presently reads: 17 In this Part, (b) "employee contributions" means Explanatory Notes

(iv) any contribudons made under secdon 16(2) for service de scribed in

section 16(l)(b)(iii) that are recognized by the Minister as employee contributions;

(6) Section 20 is amended by striking out "normal pensionable age" and substituting "the age of 65 years".

(7) Section 23(3) is amended by striking out "is entided to receive or".

(8) Section 25 is amended (

a) by repealing subsection (l)(

b) and substituting the following: (b) "spouse" means the person, if any, who is or was the spouse of a pensioner at the time (

i) when he makes his choice as to the form of pension pursuant to a request by the Minister under

section 26, or (ii) if he does not make that choice, when he is deemed under that

section to have chosen the pension mentioned in that section. (

b) in subsection (2) by adding "and

section 18(4)" after "subsec don (3)"; (

c) in subsection (3) by striking out ", or" at the end of clause (

a) and repealing clause (b).

(9) Section 28(

b) is amended by striking out ", or, if there are 2 or more persons so entided, shared equally between them".

(

i) current service contributions, (ii) any contributions for prior service made by a participant, and (iii) any part of a sum transferred into the Plan under a reciprocal agreement that is recognized by the Minister as employee contri butions;

(6) Section 20 presently reads: 20 Notwithstanding anything in the Plan, in the case of pensions comm encing before normal pensionable age, the Minister may prescribe bases for co-ordinating pensions with the estimated Canada Pension Plan retire ment pension and Old Age Security benefit on an actuarial equivalency basis.

(7) Section 23(3) presently reads:

(3) A person is not entitled to receive any pension if he is entitled to receive or is receiving benefits under a disability plan that satisfies the criteria prescribed for disability plans and is filed with the Minister

(8) Section 25 presently reads: 25(1) In this section. (a) "pensioner" includes a prospective pensioner; (b) "spouse" means the person, if any, who is or was the spouse of a pensioner at the effective date ofthe commencement of a pension.

(2) Notwithstanding anything in this Act except subsection (3), a person who is to receive a pension and who has a spouse shall be deemed for the purposes ofthe Plan to have chosen a normal pension, if he was married to or lived with that spouse for at least 5 years before the commencement ofthe pension. (3) Subsection (2) does not apply where (

a) there is filed with the Minister before the pension commences to be paid, (

i) a statutory declaration in the form prescribed by the Minister by the spouse that (

A) contains a statement indicating that the spouse is aware of his rights under this

section and waiving those rights, and (

B) is signed by the spouse in the presence ofthe person before whom the declaration is administered and outside the im mediate presence ofthe pensioner or (ii) a matrimonial property order or (

b) the pensioner has chosen a joint life pension referred to in

section 19(l)(b)(

i) or (ii) with the spouse as the designated nominee.

(9) Section 28 presently reads: 28 Where a person, other than a pensioner who has employee contribu tions in the Plan that have not been returned to him dies, an amount equal to the unretumed employee contributions, with interest, shall be (

a) paid to his surviving spouse, or (

b) if he has no spouse surviving him. paid to the person entitled to receive any benefit on his death, or if there are 2 or more persons so entitled, shared equally between them. Explanatory Notes

(10) Section 29(1) is amended (

a) by striking out ", in the case ofthe surviving spouse or where there is only 1 such child,"; (

b) by striking out", and where there are 2 or more such children to the amount of those contributions, with interest, divided by the number of children so entitled".

(11) Section 33 is amended (

a) in subsection (4)(

b) by striking out "(6)" and substituting "(5)"; (

b) by repealing subsection (5); (

c) in subsection (6) by striking out "after expiry of the 2-month period referred to in subsection (5)"; (

d) by renumbering subsections (6), (7), (8) and (9) as subsections (5), (6), (7) and (8) respectively.

(12) Section 40(2) is amended by adding "and (3)" after "section 10(2)".

(10) Section 29 presently reads: 29(1) Where (

a) the person entitled to payment under

section 28 is (

i) the surviving spouse ofthe deceased, or (ii) a dependent minor child of his, and (

b) the deceased has accumulated at least 5 years' pensionable service or died while he was an employee. the spouse or the dependent minor child is also entitled to receive a further amount equal, in the case ofthe surviving spouse or where there is only 1 such child, to the current service contributions and any other prescribed employee contributions not previously returned to the deceased, with inter est, and where there are 2 or more such children, to the amount of those contributions, with interest, divided by the number of children so entitled.

(2) Where the deceased had accumulated at least 5 years' pensionable service and had a surviving spouse entitled to payment under

section 28. his spouse may elect to be paid, instead ofthe payments under subsection (1) and

section 28, (

a) the pension that would have been payable if the deceased, imme diately before his death, had ceased to be an employee and a partici pant under the circumstances referred to in

section 23(1) and had been entitled to exercise and had exercised the option described in

section 19(l)(b)(

i) with his spouse as the designated nominee, or (

b) subject to

section 19(4), a pension, payable for the term selected by the spouse of 5, 10, 15 or 20 years or the life ofthe spouse, which ever is the longer that is actuarially equivalent to the pension provided for under clause (a).

(11) Section 33(4), (5) and (6) presently read:

(4) Where (

a) at the date of the death of a person on whose death a benefit is payable, there is no valid designation by him filed with the Minister or (

b) after his death, but before any payment is made under subsection (6), there is filed with the Minister a valid revocation by him of a designation filed with the Minister and no valid designation is filed with the Minister before any such payment is made, the person entitled to receive any benefit payable on his death is the deceased's spouse, if he is survived by a spouse, or the personal repre sentative ofthe deceased's estate, if there is no surviving spouse.

(5) A benefit shall not be paid by virtue ofthe operation of subsection (4) until at least 2 months after the date of death.

(6) When a benefit is paid to a surviving spouse or the personal represent ative of an estate by virtue ofthe operation of subsection (4) after expiry ofthe 2-month period referred to in subsection (5). the payment is validly made as against the Government notwithstanding that a designation is filed under the Plan after the payment is made, and the person who would have been entitled under the designation has no right to any benefit as a resuh ofthe designation.

(12) Section 40(2) presently reads:

(2) Subject to

section 10(2). a choice made, including a choice deemed to be made, in relation to a benefit is irrevocable when, and is not irrevocable until, the benefit is received or commences to be paid. 3 Explanatory Notes

(13) Section 45 is amended by striking out "may" and substituting "shall".

(14) Section 48(1) is amended (

a) by adding the following after clause (d): (d.

l) respecting rates of interest; (

b) by adding the following after clause (j): (j.

l) prescribing the death benefit payable where a person who is entitled to a pension, or who would be so entitled but for its postponement, dies before making a choice as to the form of pension to be taken;

(15) Section 49(

d) is repealed. (16)

Section 50(2) is amended by striking out "sections" and substi tuting "section".

(17) The following is added after

section 51(1):

(1.1) Section 5(1 )(

c) ofthe Pension Fund Act is amended by add ing "Plan"after "Pension". Public Service Pension Plan Act 2(1) The Public Service Pension Plan Act is amended by this section.

(2) Section 1(2) is amended by striking out "in this section".

(3) Section 4(1) is amended by striking out "Legislature" arui substi tuting "Legislative Assembly".

(4) The following is added after

section 10(2):

(3) Where (

a) a benefit choice has been made, and (

b) the Board is satisfied that (

i) the choice communicated to the Minister was not that which the person making the choice actually intended, and (ii) the application mentioned in this

section does not result from a change in a person's circumstances affecting the choice.

(13) Section 45 presently reads: 45 If the Minister finds that a person paid a contribution that was not. or was in excess of what was, payable, the Minister may repay the contri bution or the excess, with interest.

(14) Regulation making powers.

(15) Section 49(

d) presently reads: 49 The Minister may make regulations (

d) fixing and otherwise respecting the computing of rates of interest;

(16) Singularizing "sections".

(17) Consequential. Public Service Pension Plan Act 2(1) This

section will amend

chapter P-35.1 ofthe Statutes of Alberta, 1984.

(2) Section 1(2) presendy reads:

(2) The Lieutenant Governor in Council may, for the purposes ofthis Act, by regulation define any expression used in this Act but not defined in this section, and the expression has the meaning so defined.

(3) Section 4(1) presently reads: 4(1) The Minister shall prepare and lay before the Legislature a report on the operation ofthe Plan with respect to each fiscal year

(4) Board powers respecting benefit choices. Explanatory Notes

the Board may, on application made to it within 3 months from the date when the benefit was received or commenced to be paid treat the choice as revoked, substitute for it the choice that, in the Board's opinion, the person originally intended to make and order any consequential adjustments in the benefits.

(5) Section 17(

b) is amended by striking out "and" at the end of subclause (ii), by adding ", and" at the end of subclause (iii) and by adding the following after subclause (iii): (iv) any contributions made under

section 16(2) for service de scribed in

section 16(l)(b)(iii) that are recognized by the Minister as employee contributions;

(6) Section 20 is amended by striking out "normal pensionable age' and substituting "the age of 65 years".

(7) Section 23(3) is amended by striking out "is entitled to receive or".

(8) Section 25(l)(

b) is repealed and the following is substituted: (b) "spouse" means the person, if any, who is or was the spouse of a pensioner at the time (

i) when he makes his choice as to the form of pension pur suant to a request by the; Minister under

section 26, or (ii) if he does not make that choice, when he is deemed under that

section to have chosen the pension mentioned in that section.

(9) Section 28(

b) is amended by striking out ", or, if there are 2 or more persons so entitled, shared equally between them".

(10) Section 29(1) is amended (

a) by striking out ", in the case ofthe surviving spouse or where there is only 1 such child,"; (

b) by striking out", and where there are 2 or more such children, to the amount of those contributions, with interest, divided by the number of children so endtled".

(5) Section 17(

b) presently reads: 17 In this Part, (b) "employee contributions" means (

i) current service contributions, (ii) any contributions for prior service made by a participant, and (iii) any part of a sum transferred into the Plan under a reciprocal agreement that is recognized by the Minister as employee contri butions;

(6) Section 20 presently reads: 20 Notwithstanding anything in the Plan, in the case of pensions comm encing before normal pensionable age, the Minister may prescribe bases for co-ordinating pensions with the estimated Canada Pension Plan retire ment pension and Old Age Security benefit on an actuarial equivalency basis.

(7) Section 23(3) presently reads:

(3) A person is not entitled to receive any pension if he is entitled to receive or is receiving benefits under a disability plan that satisfies the criteria prescribed for disability plans and is filed with the Minister

(8) Section 25(1 )(

b) presently reads: 25(1) In this section, (b) "spouse" means the person, if any, who is or was the spouse of a pensioner at the effective date ofthe commencement of a pension.

(9) Section 28 presently reads: 28 Where a person, other than a pensioner who has employee contribu tions in the Plan that have not been returned to him dies, an amount equal to the unretumed employee contributions, with interest, shall be (

a) paid to his surviving spouse, or (

b) if he has no spouse surviving him, paid to the person entitled to receive any benefit on his death, or if there are 2 or more persons so entitled, shared equally between them.

(10) Section 29 presently reads: 29(1) Where (

a) the person entitled to payment under

section 28 is (

i) the surviving spouse ofthe deceased, or (ii) a dependent minor child of his, and Explanatory Notes

(11) Section 33 is amended (

a) in subsection (4)(

b) by striking out "(6)" and substituting "(5)"; (

b) by repealing subsection (5); (

c) in subsection (6) by striking out "after expiry of the 2-month period referred to in subsection (5)"; (

d) by renumbering subsections (6). (7), (8) and (9) as subsections (5), (6), (7) and (8) respectively.

(12) Section 40(2) is amended by adding "and (3)" after "section 10(2)".

(13) Section 45 is amended by striking out "may" and substituting "shall".

(

b) the deceased had accumulated at least 5 years' pensionable service or died while he was an employee, the spouse or the dependent minor child is also entitled to receive a further amount equal, in the case ofthe surviving spouse or where there is only 1 such child, to the current service contributions and any other prescribed employee contributions not previously returned to the deceased, with inter est, and where there are 2 or more such children, to the amount of those contributions, with interest, divided by the number of children so entitled.

(2) Where the deceased had accumulated at least 5 years' pensionable service and had a surviving spouse entitled to payment under

section 28, his spouse may elect to be paid, instead ofthe payments under subsection (1) and

section 28. (

a) the pension that would have been payable if the deceased, imme diately before his death, had ceased to be an employee and a partici pant under the circumstances referred to in

section 23(1) and had been entitled to exercise and had exercised the option described in

section 19(l)(c)(

i) with his spouse as the designated nominee, or (

b) subject to

section 19(4). a pension, payable for the term selected by the spouse of 5. 10. 15 or 20 years or the life ofthe spouse, which ever is the longer that is actuarially equivalent to the pension provided for under clause (a).

(11) Section 33(4), (5) and (6) presently read:

(4) Where (

a) at the date of the death of a person on whose death a benefit is payable, there is no valid designation by him filed with the Minister or (

b) after his death but before any payment is made under subsection (6), there is filed with the Minister a valid revocation by him of a designation filed with the Minister and no valid designation is filed with the Minister before any such payment is made, the person entitled to receive any benefit payable on his death is the deceased's spouse, if he is survived by a spouse, or the personal repre sentative ofthe deceased's estate, if there is no surviving spouse.

(5) A benefit shall not be paid by virtue ofthe operation of subsection (4) until at least 2 months after the date of death.

(6) When a benefit is paid to a surviving spouse or the personal represent ative of an estate by virtue ofthe operation of subsection (4) after expiry ofthe 2-month period referred to in subsection (5), the payment is validly made as against the Government notwithstanding that a designation is filed under the Plan after the payment is made, and the person who would have been entitled under the designation has no right to any benefit as a resuh ofthe designation.

(12) Section 40(2) presently reads:

(2) Subject to

section 10(2), a choice made, including a choice deemed to be made, in relation to a benefit is irrevocable when, and is not irrevocable until, the benefit is received or commences to be paid.

(13) Section 45 presently reads: 45 If the Minister finds that a person paid a contribution that was not, or was in excess of what was. payable, the Minister may repay the contri bution or the excess, with interest. Explanatory Notes

(14) Section 48(1) is amended (

a) by adding the following after clause (c): (e.

l) respecting rates of interest; (

b) by adding the following after clause (h): (h.

l) prescribing the death benefit payable where a person who is entitled to a pension, or who would be so entitled but for its postponement, dies before making a choice as to the form of pension to be taken;

(15) Section 49(

e) is repealed. Commencement 3 This Act comes into force on Proclamation.

(14) Additional regulation making power.

(15) Section 49(

e) presently reads: 49 The Minister may make regulations (

e) fixing and otherwise respecting the computing of rates of interest; Commencement 3 Coming into force. Explanatory Notes Title: 1985 (20th, 3rd) Bill 50, Pension Plan Statutes Amendment Act, 1985

Document details

Collection	Alberta — Bills
Citation	L20 S3 3388
Type	bill
Volume / chapter	L20 S3 3388
Language	en
Format	json
Source	PROVINCIAL
Identifier	1327397a658412d20f7d100a2689c0c3a730b531

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