Bill 93 (Legislature 10, Session 5)

L10 S5 7340

Alberta — Bills

Bill No. 93 of 1948. A BILL TO AMEND THE PUBLIC SERVICE PENSION ACT. NOTE. This Bill amends The Public Service Pension Act.

Section 2 (

c) is amended so that a person must be employ ed for a period of one year before becoming an employee within the meaning of this Act.

Section 2 (

e) is amended as to the definition of salary. The salary at which the Pension Fund contribution is calculated does not include travelling expenses, subsistence allowances, honorariums, fees, sales of transcripts, over time payor any other moneys naid in addition to ordinary wages or salary as a result of this amendment.

Section 2 (

f) is amended so that service includes any employment after a period or periods totalling one year. A new paragranh is added to subsection (1) of

section 5. Paragraph (

d) provides that no married woman shall contribute to the Pension Fund unless she is legany separ ated from her husband or unless she proves to the satis fa'ction of the Board that her husband is dependent upon her for support. Subsection (4) of

section 5 is amended to provide for monthly contributions from the Government in lieu of semi-annual contributions. Subsection (6) of se,ction 5 makes a minor amendment in the wording for the purpose of clarifying the intentio.n and to make it dear that interest accrues on Government con tributions as well as employees' deductions. Subsection (1) of

section 6 is struck out and three new subsections are substituted therefor. The effect of this amendment is simply to divide the present subsection (1) into two subsections which have the same effect, and to. add one new subse,ction. The new subsection provides that if an employee has elected for a pension payable for life or for a term of years certain whichever is the longer, the term of years certain shall commence from the date the emplo.yee attained the age of sixty-five years, notwithstanding that ar,rangements may be made for the continuation of his service. A new subsection (4) is added to

section 6 which pro vides that no person receiving a pension under this Act

ii who is re-employed shall be paid his pension during the period of his re-employment except to the extent that his pension exceeds his salary. Paragraph (

c) of subsection (1) of

section 7 is struck out and a new paragraph substituted. The pe~s~onable se: vice o.f an employee who comes under the proyI~lOns of thIS Act but who did not come under the prOVISIons of The Superannuation Act was defined as including one-half of the continuous service of the employee prior to. the coming into force of this Act in respect of which he would not have been entitled to. receive an annuity under the provisions of The Superannuation Act.

The effect of the amendment is that if the employee pays up his ba.ck co.ntributions he will be entitled to a pension for the full perio.d instead of for one half this period. He will also. be credited with one-half of any seasonal employment after having been employed for one year. Paragraph (

d) o.f subsection (1) of

section 7 is amended. Under the amendment a person who was in the employ of the Government at the time of his enlistment is entitled to have one-half of his service' with the Armed Services in cluded as pensionable service if he makes no contributions in respect of that period, or all of his service in the Armed Services will count as pensionable service if he does make contributions to. the Pension Fund in respect o.f the period of his service with the Armed Services. The Alberta Civil Servants War Service Act was so.mewhat restricted in its application and did not apply to all civil servants who en listed.

This amendment places all civil servants who enlisted in the same position with regard to the Pension Fund. Subsection (3) of

section 7 is amended. The effect of this amendment is that in the case of retirement of an employee under subsectio.n (3) of s~tio.n 6 all contributory ,service and one-half of any non-~ontributory service prior to. the employee attaining the age of thirty years shall be deemed to. be pensionable service. Subsectio.n (4) of

section 7 is slightly amended. It presently requires an employee upon re-employment to pay Interest on the moneys he redeposits in the Pension Fund fGr .the period during which he was not employed. As this period does not beco.me pensionable service, this requirement regarding interest is struck out. Under the amended

section the e~nplo.yee upon re-employment if he pays up everything he WIthdrew from the Fund will have no. interest to pay, ~nd if he does not pay it up immediately, he will pay Interest only from the date of his re-employment. Subsection (1) of

section 9 is amended. At present a pension is based on two per cent of the average annual salary paid to the employee during the last five years Gf his p~nsionable . servic~. NGrmally, the employee's salary is hIghest durIng thIS period. However, in some cases an

iii employee may be on sick leaye at one-half payor no pay during the last five years of Ius service or an employee who has been doing st~enuous skilled labouI: out-of-doors at high rates of pay durIng the majority of his service may take an office job at lesser rates of pay for the last few years of his employment when he is physically unable to continue with his normal duties. A hardship is worked on these persons so the effect of the amendment is that the pension is calculated on the five consecutive years of pensionable service during which salary was the highest.

Section 11 is amended by substituting "Secretary of the Board" for "l)irector of Personnel" as it is in the first mentioned capacity that the official is a,cting.

Section 14 is struck out and two new sections are substi tuted. The new

section 14 provides procedure for an employee filing a notice in writing with the Secretary of the Board designating a person as his beneficiary for the purpose of this Act. The new

section 14((, is practically the same as the present

section 14, although it has been reworded for clarification. If a deceased employee's beneficiary is his dependent child or children under the age of eighteen years such child or children shall also be entitled to receive the further sum which was previously payable only to the widow. Subsections (1) and (2) of

section 17 have been reworded slightly for clarification. A birth certificate or other proof of age is now required to be delivered to the Secreta'ry of the Board within one year of the commencement of the em ... ployment of the employee.

Section 18 is amended to the effect that the Board is also the final judge "as to the amount of any pension or other benefits payable under this Act".

Section 25 is amended to include the Life Insurance Company of Alberta and the Alberta Government General Insurance Company as organizations to which the provisions of this Act may be extended by order in council. These two organizations are replacing the present Alberta Gov~~nment Insurance Office which is presently under the prOVIsions of this Act. W. S. GRAY, Legislative Counsel. (This note does not fOTfn any ]Jart of the Bill but is olfered in explanaUon of its provisions.)

BILL No .. 93 of 1948.

An Act to amend The Public Service Pension Act. (Assented to , 19.i8.) HIS MAJ~ST~, by and with the advice. and consent of the LegIslative Assembly of ·.the PrOVlnee, of ::Allberta, enacts as follows: '.' 'll ,1. The Public Service Pension Act, being .chapter 7 of the. Statute$ of .Alberta, 1947, is hereby. amEmd-ed as to ~~~~-' . ~ . . .... (

a) by adding at the end of paragraph (c)'ithereof the .words '~who in either case has beep. employed by the Government- or the Legislative . Assembly for a period. or periods totalling:one yea~;'" . (b) . by striking out paragraph (e). thereof and by sub~ stit"ting :therefor the following: .. . " (e) 'Salary' means the' gross amount;'(jf an em ployee's ordinary 'salary or wage~fbut'shall not include 'moneys paid for ·travelling expenses, subsistence allowances, honorariums, fees, sales .of trans'cripts, 'overtime pay,.,.oost~of~liv~ ing bonus, or any other moneys paidjn.addition to his ordinary salary or wages;,".; < (

c) by striking out paragraph (

I) thereof and by sub~ stituting ·therefor the following: "(f) 'Service' means any period Of 'periods during which a person is or has' been employed by the Government of the . Legisla ti v;eAss..etrlbly 1 after having been .so employed for .a period or periods totalling one year ;". 2. The said Act is. further :amended as to

section 5, Ca)" by adding immediately after paragrap~ (

c) of subsection (1) thereof the following new para~ graph: "(

d) by any married woman unless s4e is legally separated' from her husband· ()tunlessT,~he proves to th~.satisfaction of. the. BQar~ t~~ h~r husband'.is depeildentupon·h~r. f{)~·I~:upport. ; (1;»' by striking' out. subsection (~) .. ~~~.~eof and by sub- ,stituting tperefor the. folloWIng: . . ' "

(4) On the last"day. of each month, a contri?u~ tion .shall,be made by theGov:e,rp,m~ntJ,,() the PenSIon

(c) 2 Fund in an amount which shall be not less than the total amount contributed by the employees during that month."; by striking out the words "in respect of each employee's acco~nt such interest shall. con~inue to ~e so credited untll the date of termInatIOn of hIS service.", where the same occur in subsection (6) thereof, and by substituting therefor the words "in respect of every account such interest shall con tinue to be so credited until the date of termina tion of the employee's service.". 3. The said Act is further amended as to

section 6,- (

a) by striking out subsection (1), thereof and by sub stituting therefor the following: , '~6.-(1)Subject to the other provisions of this Act, every employee shall retire from the service of the Government upon attaining the age of sixty.;five years. "(la) If there be special reasons therefor, the Lieutenant Governor in Council upon the recom mendation of the Pension Board may arrange for the continuation of the service of any employee after he has attained the age of sixty-five years, in which case, the employee's retirement shall be effective, for the purposes 'Of

section 8 of this Act, upon the date of actual termination of his service. " (lb) If arrangements are made for the continu ation of the service of any employee after he has attained the age of sixty-five years, and that employee has elected for a pension payable for life or for a term of years certain whichever is the longer, the term of years certain shall commence ,and be calculated from the date the employee attained the age of sixty-five years."; (

b) by adding immediately after subsection (3) thereof, the following new subsection: "( 4) No person receiving a pension under this A,ct who is re-employed for any peri'Od or periods, shall be paid his pension or any' part thereof during any such period or periods except when the pension exceeds his salary, in which case he shall receive the amount of that excess.". 4. The said Act is further amended ,as to

section 7, (

a) by striking out paragraph (

c) of subsection (1) thereof and by substituting therefor the following: "(

c) on~-half of any service of a person employed prIOr to the coming into force of this Act, which is not included under the 'provisions of paragraphs (

a) and (

b) of this subsection:

3 , "Provided, .h,owever, that if such person pays Into the PenslOll Fund in such manner and upon such terms as the Board may direct, an amount equal to the' ·contributions which he would have made in respect of any period or periods of his full~time'continuous service had he been subject to the provisions of The Super~ annuation Act, or this Act, together with interest which would have accumulated thereon during such peJ:iod, the whole of such period or 'periods of full-time continuous servIce with the ex<;eptioll of the first year thereof,' shall be deemed to be pensionable service;"; (

b) by striking out paragraph (

d) of subsection (1) thereof and by substituting therefor the following: "(

d) in the case of a person who was in the employ of the Government at the time of his enlistment and regardless of his sta tus under the pro visions of The Alberta Civil Servants' War Ser vice Act, any period of absence on account of service in the British or Allied Forces during the Second World War, the whole of which period shall be deemed to be pensionable service if such person has contributed to the Superannuation Fund or to the Pension Fund an amount equal to that which has been or would have been contributed Iby the Govern ment in respect· of him during such period under the provisions of The Alberta Civil Ser vants Wa1' Se1'vice Act if he was or had been entitled to the benefits provided by the said Act: "Provided that if he has not so ,contributed, then one-half of such period shall be deemed to be pensionable service,"; (

c) by striking out subsection (3) thereof and by sub stituting therefor the following: "

(3) Notwithstanding o the provisions of subsec tion (1) no portion of any employee's service prior to his attaining the age of thirty years shall be deemed to be pensionable service, except in the case of retirement of an employee under the con ditions specified in subsection (3) of

section 6, in which case all contributory service 'and one-half of any non-contributory service prior to the employee attaining the age of thirty years shall be deemed to be pensionable service.":; (

d) by striking out the words "to the date of his re employment or re-appointment", where th~ sa,me occur in subsection (4) thereof, ,and by, substItutIng therefor the words "from the date of hIS re-em'pl?y ment or re-appointment to the ,date of completIon of such payment in full",

4 5. The· said Act :is further amended as to

section 9 by striking out the .word$; "during the last flve:.years of his pensionable seryice", where the~.same 'Qceu~ ,'In sUbsection (1) thereof,and by' substitut~ngj,th~reforthe ~ords "for the five consecutive years of hIS pensIonable.'$ervIce during whi'ch his salary- .was the highest" .. 6.

The s'aid Act'is further al1,lended'~~ to ~ection 11 by striking out the . words "'Pirecto:r ot Pers9p;n.~1", where the same .occur therein, arid .bY substitti.ti;ng therefor the words "Se~retary of the J3oard"., . . 7., The said, Act is further, amended .as: t.o, .section 14 by striking ·out the sanie and by, substit~t~'ng:, ,th,~,r:efo'r' the :following,: '. . . . , "14.- (1) for the. purposes of this Act,. any employee .may designat~· any, person .or, person~ as 'his, ~eneficiary by a notice· in writing signed hy him and by on~ witness and filed with the S,ecretary of the Board.' . "

(2) Any employee rn'aYichange .:his, be;~ficiary from time to time by anoti(!e:in writing, ~ign~ by him and by one ·witness and filedwjth theSecr~t'lry!of .t1,ie Board. "

(3) Upon the filing with,the SecretarY'of;the Board of any notice in writing 'changing his beneficiary .or UP.on the marriage of any employee, any: notice' filed :prior t.o the filing ·.of the notice ,changing the . beneficiary', or .. 'prior to the marriage, as the case,' may be"shaH 'be null and void for all purposes: and shall. he cancelled -by' the, ,8ecretary of the Board. " ( 4) If any employee fails' t() designate: a: beneficiary as aforesaid, or if his designation is null and :void by reason of his subsequent marriage" or if. the ,beneficiary so designated is dead, the employee's: estate shall·be deemed to be his beneficiary. ' "14aw-

(1) If an employe~ <:lieswhi~ejl.l·th.e·s~rvjce of the Government, the s'q.m offift.e~n h\lndred'doll;~is:together with the arn.olJ-nt, ifaijY, standing; .. ±othe ,·cItedit of his ,account in the pe~sion. Fund,'shallbe paid t~ his:l;>.epeficiary. "

(2) The amount payable. under this ~ectio» may be paid in aluIPP sum, .or, ·jn such: :instalnientsas th~: Bpard may dire,ct~ . "

(3) If a deceased employee's'beneficiary is his :widow or his dependent child or children under. the age of. eighteen years, the beneficiary shall"alsp be ·entitled to: reneive from the Fund 'a further sum ,equal to the amount .hy<'·which the amount at the credit of the employee~s. acC.ount in the Fund exceeds fifteen bundr,ed:d911ars.: "( 4) If 'an 'empl'oye:e's:age':atthe date of hie death exceeds fifty.;five years, and if his'beneficiarY:i is his widow, she may be paid, in lieu . .of. ;the said":pajiinents and :with,the approval .of the B.oard, a pension for ·.life . or :until re-maTriage, in an

5 amount of one~half the normal pension which the employee would have been entitled to receive had he retired at the date of his death.". 8. The said Act is further amended as to

section 17 by striking out subsections (1) and (2) thereof and by substi tuting therefor the following: "17.-

(1) Every employee of the Government shall de liver to the Secretary of the Board, a birth certificate, setting out the date of the employee's birth, or in case such a certifi cate is not procurable, shall deliver to him a statutory declaration or such other proof of age as may be required by the Board. "

(2) Every employee shall deliver such certifi'cate, statu tory declaration or other acceptable proof of age, as the case may be, to the Secretary of the Board, within one year of the commencement of the employment of the employee,". 9. The said Act is further amended as to

section 18 by adding immediately after the words ",as to the extent of his pensionable service", where the same occur therein, the words "or as to the amount of any pension or other benefits paya ble under this Act". 10. The said Act is further amended as to

section 25 by adding immediately after the words "the Civil Service Association of Alberta", where the same occur therein, the 'words "the Life Insurance Company of Alberta, the Alberta Government General Insurance Company.", 11. This Act shall come into force on the day upon which it is assented to and upon so coming into force, paragraph (

a) of

section 1 and paragraph (

a) of

section 2 hereof shall be deemed to have been in force at all times since the first day of April, 1947.

FIFr.rH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act to amend The Public Service Pension Act. Received and read the First time .................................. . Second time .................................... . Third time .. HON. MR. HOOKE. Title: 1948 (10th, 5th) Bill 93,

An Act to amend The Public Service Pension Act

Document details

Collection	Alberta — Bills
Citation	L10 S5 7340
Type	bill
Volume / chapter	L10 S5 7340
Language	en
Format	json
Source	PROVINCIAL
Identifier	1b3fd026690f5710b1500152d63b98a7e69e222b

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