Bill 86 — A Bill Respecting the T'Eachers' Retirement Fund Ron. (Legislature 15, Session 2)

L15 S2 1526

Alberta — Bills

No. 86 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 86 A Bill respecting the T'eachers' Retirement Fund RON. MR. McKINNON Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note General. This Bill will repeal and replace The Teachers' Retire ment Fund Act, which is

chapter 330 of the Revised Statutes. It is a revision of that Act with some new provisions added. The

section references in the explanatory not'es are to the equivalent provisions in the present Act. 2.

Definitions. The present

section 2 revised.

BILL No. 86 of 1965

An Act respecting ·the Teachers' Retirement Fund (Assented to , 1965) HER MAJE.ST~, by and with the advice and consent of the LegIslatIve Ass,embly of the Province of Alberta enacts as follows: ' 1. This Act may be cited as "The Teachers' Retirement Fund Act, 1965". 2. In this Act, (a) "Board" means the Board of Administrators here tofore constituted, and continued asa corporation by thi.s Act; (b) "Fund" means the Teachers' Retirement Fund here tofore constituted and continued by this Act; (c) "Minis,ter" means the Minister of Education; (d) "private school" means a school 'approved by the Minister under

section 8 of The Department of Education Act; (e) "private school teacher" means a person holding a permanent or temporary certificate of qualification as a teacher issued by the Minister under The De partment of Education Act who is employed by a p~ivate school as a full-time member of its academic staff; (f) ",salary" means the compensation paid for the regular and ordinary services of a teacher; (g) ";s'chool board" means the board of trustees of a school district or a school division constituted under The School Act, or the school committee .of a county ·councHappointed under The County Act, or the school committee appointed by the council of a city or town under The Municipal and School Adminis tration Act,and includes the board of trustees of the Lloydminster Public School District and the Lloydminster Roman Catholic Separate School District; ( h) "teacher" means a person holding a permanent or temporary certificate of qualification as a teacher issued by the Minister of Education under The De partment of Education Act who is employed

3. Continuation of the Board of Administrators. See present

section 4 (1). 4. Composition of the Board. The present sections 4, 5, 6 and 7 5. Expenses. The present

section 24. 6. Vacancy on the Board. The present

section 8. 2

(

i) pursuant to

Part XII .of The SChOO'l Act, .or (ii) by ascho.ol board as librarian engaging his full time as such in its school libraries, or (iii) by a school board as a supedntendent, a super visor, .or in any other position the duties of which include administrative or supervisory jurisdiction over teaching or the curriculum of its 'schools, or (iv) by a school board in any position, not included in ,subclauses (i), (ii) and (iii), if it is a con dition of his empl.oyment imposed by the school board that he hold a certificate of qualification as aforesaid, and the condition is app'roved by the Board, or (

v) by The Alberta Teachers' Association or by the Board on a full-time basis; (

f) Uluniversity teacher" means a person holding a per manent or temporary certif.icate of qualification as a teacher issued by the Minister of Education under The Department O'f EducatiO'n Act wh.o is employed by the Board of Governors of the University .of Alberta as a full-time member of the academic staff of the University. 3. The Board of Administrators is continued as a corpora tion with aU the powers and ,immunities provided by law for such bodies. 4.

(1) The Board shall be composed of (

a) two persons who shall be appointed by the Lieuten ant IGovernor in Council during pleasure, and (

b) two teachers thereunto nominated by The Alberta T,eachers' Association and appointed by the Lieu tenant Governor in Council for a term of four years each and in each case until his successor is appointed, but subject to revocation of the appoint ment for cause.

(2) Three members of the Board shall constitute a quorum. 5. The members of the Board shall serve without re muneration, but they shall be paid out .of the Fund their proper expenses, including travelling expenses incurred in the course of their duties. 6. When a vacancy occurs in the Board it shall be filled by appointment by the Lieutenant Governor in Council as 'soon as is practicable in c.onformity with

section 4 and, in the case.of the app.ointment.of a nominee of The Alberta T'each ers' Ass.ociation, f.or the unexpired portion of the term of the member whom the appointee replaces. 2

7. Failure of The Alberta Teachers" Association to nominate members. 8. Continuation of the Teachers' Retirement Fund. See the pres ent

section 9 (1). 9. Investment powers. The present

section 20 (2). 10. Record of contributions. Present

section 9 (2). II. Annual audit required. See present

section 20 (4). 12. Costs of administration, Present

section 25. 13. Actuarial survey of Fund. New. 14. Payments to Fund by Provincial Treasurer in respect of certain pensions. Pres:ent

section 16. 3

7. If The Alberta Teachers' Association fails to nominate a teacher .for 'appointment to the B.oard at any time when it has the right to do SD, the Lieutenant Govern.or in Council may nevertheless in his discretion app.oint a teacher to the office and such appointment shall be valid. 8. (1) 'rr:he T'eachers' Retirement Fund is continued, and the Board IS the trustee and custodian thereof. (2.) 'The Fund shall consist of (

a) contributions required .or permitted to be made by this Act Dr the by-laws of the Board, (

b) gifts made to or for the general purposes .of the Fund, (

c) payments by the Provincial Treasurer, and (

d) interest.or other inc.ome earned by the Fund. 9. The Board shall invest the Fund in securities of the kind, but not limited to the proportions, in which insurance companies are permitted to invest under the Canadian and British Insurance Companies Act (Canada). 10. A separate rec.ord of the payments into the Fund made by Dr in respect .of each contributor shall be kept by the Board for s.o lDng as is reasonably required in the due administration of the Fund and the payment of benefits. 11.

The accounts of the Fund shall be audited and the securities in which the Fund is invested shall be examined and verified in each year by the Provincial Auditor who shall make an annual rep.ort to the Lieutenant G.overnor in Council and to the Board, and prepare and furnish such other statement and reports as the Lieutenant Govern.or in CDuncil may require. 12. The costs of administration and all matters relating thereto shall be borne by and paid out of the Fund. 13.

The B.oard shall cause an actuarial survey .of the Fund, including a separate survey in relation to private schools, to be made not less than once in every five years. 14.

(1) All pension payments that are paid by the Board from the Fund pursuant to this Act and the by-laws of the Board and that are paid for any month on or after the first day of April, 1956, shall be repaid to the Board by the Pro vincial 'Treasurer to the following extent: (

a) pension payments to persons who first became en titled to pensions before the first day of April, 1948, ,shall be repaid in full; (

b) pension payments to persons who first became or become entitled to pensions on or after the first 3

15. Reserve account. Present

section 17. 16. Contributions by teachers. The present

section 10 with the minimum contribution reduced from 4% to 3%. Subsection (3) is new. 17. Deductions from salaries by school boards. The present

section 11. 4

day of April, 1948, shall, to the extent that they represent pensionable service before the first day of September, 1939, be repaid in full 'and to the ex tent that they represent pensionahle service on or after the first day of September, 1939, be repaid in half the amount.

(2) Subject to

section 15, the Provincial Treasurer shall, out of moneys appropriated by the Legislature for the purpose, pay over to the Board at the end of each month the amounts required to be paid under subsection (1) in respect of pension payments paid during that month. 15.

(1) The money that the Lieutenant Governor in Council has paid since the first day of April, 1948, to school boards and that has been remitted by or on behalf of such school boards to the Board for deposit in the Flund, to gether with the interest that such money has earned, shall, in so far as such money and interest exceeds the amount that the Provincial Treasurer would have paid under ,clause (

b) of subsection (1) of

section 14 had that clause been in force on and after the first day of April, 1948, instead of the pro visions by which such money was paid by the Lieutenant Governor in Council, be placed in a reserve account.

(2) The Board shall take from such reserve a'ccount the moneys payable under

section 14 by the Provincial Tre'as urer, so that no money shall be paid by the Provincial Treasurer under

section 14 until the reserve account, to gether with the interest that such money has earned, is exhausted. 16.

(1) Every teacher shall contribute to the Fund such amount of his salary, being not less than three per cent nor more than seven per cent thereof as the Board may prescribe by by-law, until he has contributed for an aggre gate of thirty-five years of service or until he attains the age of sixty-eight years, whichever ,occurs first.

(2) Notwithstanding subsection (1), no contributions shaH be made by a substitute teacher as defined in The School Act in respect of his daily salary in any calendar month unless he is engaged and paid for ten or more days in that month.

(3) In prescribing the amount of the contributions of teachers to the Fund, the Board shall take into account to such extent as it considers proper contributions required by law to be made by teachers to any other pension plan to which teachers are hereafter compelled by law to con tribute, having regard to the benefits provided by that other plan. 17.

(1) Each school board shall retain !rom the salary of each .of its teachers the amount requIred to be con tributed by him to the Fund under

section 16 and shall 4

18. Payment by school boards to the Fund. 19. Effect of failure of school board to make payments. 20. Deduction from salaries of its teacher employees by The Alberta Teachers' Association. The present

section 14 in part. 5

deduct the amount from each payment to the teacher on account of salary.

(2) Every suchamDunt shall be deemed (

a) to have been paid .on account of the teacher's salary, and (

b) to be 'a contribution to the Fund by the teacher in respect of the period .of his employment fDr which the payment from salary is made. 18.

(1) Every ,school board shall pay the moneys re quired to be retained by it under

section 17 to the Board as contributions to the Fund by its teachers 'at such time or times as the Board may apP.oint in writing, and with every such payment shall furnish to the Board a oorrect statement so certified by its secretary .or other proper .officer sh.owing the name .of each teacher whose contributions to the Fund are included in the payment, the amount of salary earned by him, and such other informatiQn within the knowledge .of the schQ.oI board as the Board may reas.onably require fDr the due administration of the Fund.

(2) The Board shall on request of the Minister transmit to him the statements and information received by it under subsection (1). 19.

(1) If 'any sch.ool board fails to make payment .of the moneys required to be retained by it, or any part thereof, at the time .or timesapPDinted by the Board, the Minister of Education shall retain from the next legislative grant payable to the SChDOI board the amount by which it is then in default of payment, and shall pay the amount SQ retained t.o the Board as contributions by the teachers.

(2) All moneys so retained and paid by the Minister of Education in respect of a sch.ool bQard shall be deemed to have been paid to and received by the school board .on account of the legislative grant to it fDr the term in respect .of which such grant was made.

(3) Every school bQard that fails to make payment of the moneys required to be retained by it shall on request by the Minister furnish to him the same information which it is required to furnish to the Board by

section 18, and with every payment by the Minister to the B.oard pursuant to this secti.on the Minister shall furnish to the Board a correct statement showing the name .of each teacher whose con tributions to the Fund are included in the payment, the amount of ,salary earned by him, and such .other information within the kn.owledge of the Minister as the Board may rea.sonably require for the due administration of the Fund. 20.

(1) The Alberta Teachers' AssDciation shall retain frQm the salary of each teacher in its employ the amount required to be contributed by him to the Fund under

section 5

21. Deductions from salaries of its teacher employees by the Board. The present s'ection 14 in part. 22~Teachers employed by university may contribute to Fund in certam cases. Present

section 14a in part. 23. Deductions from salaries of teachers by the university .. The present

section 14a in part. 6

16 and shall deduct the 'amount from each payment to the teacher on account of salary.

(2) Every such amount shall be deemed (

a) to have been paid on 'account of the teacher's salary, and (

b) to he 'a contribution to the Fund by the teacher in respect of the period of his employment for which the salary payment is made.

(3) The Alberta T~achers' Association shall promptly pay the amounts so retaIned to the Board as contributions by the teachers in its employ to the Fund and with every such payment shall furnish to the Board a correct statement, so certified by its secretary or other proper officer, showing the name of each teacher whose contributions to the Fund are included in the payment, the amount of salary earned by him, and such other information within the kn.owledge of The Alberta 'Teachers' Association as the Board may reason ably require for the due administration .of the Fund. 21.

(1) The Board shall retain from the salary of each teacher in its employ the amount required to be contributed by him to the Fund under

section 16 and shall deduct the ,amount from 'each payment to the teacher on account of salary.

(2) Every such amount shall be deemed (

a) to have been paid on account of the teacher's salary, and (

b) to be a contribution to the Fund by the teacher in respect of the period .of his employment for which the payment fr.om salary is made.

(3) The Board shall credit the separate record of each .of its teacher employees in the Fund with the amounts s.o re tained from his s'alary. 22.

(1) A teacher who hecomes, employed as a university teacher within three months ,of the date of his last contribu tion to the Fund, or within such longer period as the Board may approve, upon his written application, may elect to continue to contribute to the Fund.

(2) The election shall he in writing and delivered to the Board within one year from the commencement .of his em ployment asa university teacher, and the Board shall forth with notify the Board of Governors of the University of Alherta of the election. 23.

(1) On and after receipt by the Board .of Governors of the University .of Alberta of the notification, the univer sity teacher while so employed shall be deemed to be a teacher and the Board .of Governors shall retain from his salary the amount required to be contributed by him to the 6

24. Teachers employed as full-time secretaries by a local of The Alberta Teachers' AS'sociation. The present

section 14b. 7

Fund under secti.on 16, ,and shall deduct the amount from each payment to the university teacher on account of salary.

(2) Every such amount shall be deemed (

a) to have been paid on account .of the university teacher's salary, and (

b) to be a contributi.on to the Fund by the university teacher in respect of the period .of his employment fQr which the payment from salary.is made.

(3) The Board of Governors shall promptly pay the amounts so retained to the B.oard as00ntributions by the university teachers to the Fund and with every such pay ment shall furnish to the Board a correct statement showing the name .of each university teacher whose 00ntributi.ons to the Fund are included in the payment, the amount of salary earned by him, and such .other infQrmati.on within the kn.owledge of the Board of Governors 'as the Board may reasonably require for the due administrati.on .of the Fund.

(4) With every payment under subsecti.on (3) the Board of Governors shall pay .out .of its funds an equal amount to the Board for the purposes of the Fund and the Board shall credit the amount to the reserve acc.ount established by sec tion 15. 24.

(1) A teacher who becomes employed 'as a full-time s'ecretary .or secretary-treasurer by a local of The Alberta Teachers' Association within three months of the date of his last ,contribution t.o the Fund, .or within such longer period as the Board may approve .on written ,application, shal,l con tinue to contribute to the Fund from the commencement of such employment and shall be deemed to be a teacher while so empl.oyed.

(2) Theempl.oying I.ocal shall retain from his salary the amount required to bec.ontributed by him to the Fund under

section 16 and shaH deduct the amount from each payment to the teacher on account of salary.

(3) Every such amount shall be deemed (

a) to have been paid .on account of the teacher's salary, and (

b) to bea oontribution to the Fund by the teacher in respect .of the period of his employment for which the salary payment is made.

(4) The local shall pr.omptly pay the amounts 'S.o retained to the B.oard ascontributi.ons by the teacher to the Fund and with every such payment shall furnish to the Board a correct statement so certified by its secretary or other proper .officer showing the name .of the teacher whose con tribution to the Fund is made by the payment, the amount of salary earned by him,and such .other inf.ormation within the knowledge of the local as the B.oard may reas.onably require f.or the due administration of the Fund. 7

25. Private school teachers may be brought under the Act. 26. Contributions by private school teachers. 27. Deductions from salaries of private school teachers. 8

(,5) With every payment under subsection (4.) the local shall payout ,of its funds an equal 'amount to the Board for the purposes of the Fund 'and the Board shall credit the amount to the reserve account established under

section 15. 25.

(1) A private school may apply, in writing to the Minister to permit its private school teachers to co~tribute to the Fund, and shall furnish to the Minister such informa tion as he may direct in respect of its 'affairs and operations. (2) 'The Minister shall transmit the ,application 'and in formation to the Lieutenant Governor in Council for his consideration and decision.

(3) The Lieutenant Governor ,in Council may in his discretion refuse the application or by order approve it, but an approval is subject to revocation in the discretion of the Lieutenant Governor in Council or on the 'applica.tion of the private school.

(4) Upon ,approval of an application, sections 26 to 30 apply to the applicant and its private school teachers from the first day of the month next following the date of ap proval ,and during the currency of the approval. 26.

(1) Every private school teacher shall contribute to the Fund such amount of his !salary, being not less than three per cent nor more than seven per cent thereof as the Board may prescribe by by-law.

(2) In pres,cribing the amount of the contributions of private school teachers to the Fund, the Board shall take into account to such extent ,as it considers proper, contribu tions required by law to be made by them to any other pension plan to which they are hereafter compelled by law to contribute, having regard to the benefit provided by that other plan. 27.

(1) Each private school shall retain from the salary of each of its private school teachers the amount required to be contributed by him to the Fund under

section 26 and shall deduct the amount from each payment to the private school teacher on account of s'alary.

(2) Each private school shall promptly pay to the Board the moneys required to be retained by it under subsection (1), and with every such payment shall furnish to the Board a ,correct statement so certified by its proper officer show ing the name of each private school teacher whose con tributions to the Fund 'are included in the payment, the amount of salary earned by him, and such other information within the knowledge of the private school as the Board may reasonably require for the due administration of the Fund.

(3) With every payment under subsection (2) the private school shall payout of its funds to the Board for the pur poses of the Fund an equal amount, together with an ad- a

28. Effect of the deductions. 29. Board required to keep separate records with respect to private school teachers' contributions. 30. Regulations respecting private school teachers. 9

ditional amount equal to two per cent of the salaries of its private teachers.

(4) Notwithstanding subsection (3) the Board may in its discretion at any time following an actuarial survey .of the Fund, by by-law, vary the amount of the additional per centage of the salaries of private school teachers that a private ,s·chool is required to payout of its funds t.o the Board. 28.

(1) Upon receipt by the Board of the contributions payments and statement prescribed by sections 26 and 2;7: each private school teacher shall be deemed to be a teacher in respect of the period of his employment for which the contributions 'and payments are made, and the amount of the contributions by each private scho.ol teacher shall be deemed (

a) to have been paid on account of his salary, and (

b) t.o be a contribution to the Fund by him in respect of the period of his employment for which the p,ay ment from salary is made.

(2) The Board shall (

a) credit to the reserve account established by

section 15 the amounts of the payments made by each private school out of its funds which equal the amounts .of contributions by its private school teachers, and (

b) credit to the Fund as it deems proper the additional payments by each private school out of its funds of the percentage of the salaries of its private school teachers prescribed by this Act or by by-law as aforesaid. 29.

(1) The Board shall maintain a separate record of the contributions and the payments prescribed by sections 26 and 2,7 adequate for the purposes of a separate actuarial survey of the Fund in relation to private schools.

(2) In pres,cribing (

a) the !amount of contributions by private school teachers under

section 26, and (

b) the amount of the additional percentage of the salaries of private school teachers that a private school is required to payout of its funds to the Board under subsection (4) of

section 27, the Board shall maintain as closely as may be the actuarial solvency of that part of the Fund created by contributions of private sichool teachers and payments by private schools, without regard to the guarantee provided by

section 39. 30. 'The Board may in its by-laws and regulations make separate provisions in respect of the contributions to the 9

31. Contributions with respect to time spent otherwise than -as a teacher. The present

section 15. 10

Fund made by private school teachers and the matters pro vided by

section 41. 31. A person who (

a) leaves or has heretofore left his employment as a teacher in Alberta, and (

b) thereafter is or becomes employed or engaged in (i) ,serving in Canadian or allied forces while Gan ,ada is at war, or (ii)an occupation, service or activity approved by the Board, or (iii) 'attending and ,completing a course of university studies approved by the Faculty of Education of the University of Alberta leading to an im provement in his teacher qualifications, or (iv) any consecutive combination of the employ ments or engagements designated in subclauses (

i) to (iii), and (

c) returns or intends to return to employment (

i) as a teacher in Alberta or in another province or territory of Canada in respect of which the Board has by by-law made reciprocal provision for the payment of pension, or (ii) as a teacher by an ,authority with whom the Board has a reciprocal 'agreement, may, when his employment or engagement under clauses (a), (

b) and (

c) is continuous (except for such periods of absence as in the opinion of the Board are justified in the circumstances) apply to the Board for permission to con tribute to the Fund in respect of the periods designated in subclauses (

i) and (ii) of clause (b).

(2) When an application is made under subsection (1), the Board may, by resolution, grant permission to the appli cant to contribute to the Fund for the whole or any part of the periods in respect of which the application is made, an amount not exceeding ten per cent of the salary that would have been earned by him during the period or periods for which the permission to contribute is granted had he con tinued as a teacher during that period or periods, at the same rate of salary earned by him at the time of leaving his employment as teacher, and may in the permission prescribe terms and conditions of payment, including the payment of interest.

(3) Upon payment by the teacher of the amount in accordance with the prescribed terms and conditions he shall be deemed to have been employed as a teacher during the period or periods for which the permission is granted. 10

32. Payment of pension. 33. Nature of pension. 34. Short service annuities. The present

section 17a. 35. Contributions. The present

section 17b. 3G. Notice of benefits to be given on retirement. The pres'ent

section 17 c. 11

(1) The Board shall make provision by by-law for payment of pensions out of the Fund to teachers upon re tirement.

(2) A normal pension shall be payable to a teacher upon attaining sixty-five years of age and shall be for his life or a term of five years ,certain, whichever is longer. 33.

(1) Subject to subsections (2) and (3), the normal pension payable to a teacher upon his retirement shall be an annual ,amount equal to two per cent of the average annual salary paid to the teacher for the five consecutive years of his pensionable service during which his salary was the highest, multiplied by the total number of years of his pensionable service (taking into account parts of years), or by thirty-five, whichever number is less.

(2) When a teacher has made contributions to any other pension plan to which he is compelled by law to contribute and those contributions have been taken into account by the Board under subsection (2) of

section 16, or under

section 26 in the case of a private school teacher, the Board shall adjust hi.s normal pension, or the formula by which it is determined, to such extent as it considers proper by taking into account the benefits he receives from that other pen sion plan upon retirement. (3) 'The normal pension of a female teacher shall be ad justed to an amount that is an actuarial equivalent of the normaI pension after taking into account the difference between life expectancy of males and females according to established life expectancy tables approved by the Board, on the footing that the life expectancy of males is the norm. 34.

Sections 35 to 38 apply only to a teacher who at the date of his retirement from teaching service (

a) could not, if he had continued to be employed as a teacher until attaining the age of sixty-five years, be eligible for a pension under the by-laws of the Board, and (

b) has not less than five full years of contributions, made before attaining the 'age of sixty-five years, to the credit of his separate record in the Fund. 35. The contributions to the Fund by a teacher after attaining the age of sixty-five years shall not be taken into account for the purposes of sections 36 to 38. 36.

(1) A teacher to whom

section 34 applies shall notify the Board upon his retirement from teaching service. (2) 'The Board shall thereupon promptly inform the teacher of the alternative benefits he may receive under sections 37 and 38 and request his election thereon. 11

37. Teacher may elect to receive an annuity. The present

section 17d. 38. Lump sum in lieu of annuity. The present

section 17e. 39. Guarantee by the Province. The present

section 18. 40. Powers of the Board. The present

section 20 (1) in part. 41. By-laws by the Board. The present

section 120 (1) in part. 12

(3) If within sixty days thereafter the teacher has failed to exercise his election by written notice to the Board, he is entitled only to a lump sum payment in accordance with

section 38. 37.

(1) When the teacher so elects he shall be granted an annuity out of the Fund in an amount which can be pur chased, at such rate as may be fixed by the Board, by the amount standing to the credit of his separate record in the Fund at the date of his retirement or at age sixty-five, whichever is the earlier, together with an equal amount con tributed by the Board from the Fund, which latter 'amount shall be ,charged to the reserve account established under

section 15.

(2) The annuity shaH at the option of the teacher be (

a) a life annuity, or (

b) such other form of annuity as may be approved by by-law of the Board and which is the ,actuar.ial equivalent of a pension for his life or a term of five years certain, whichever is the longer. 38. Where a teacher does not elect to receive an annuity he shall in lieu of an .annuity be paid out of the Fund in a lump sum the amount available for the purchase of an annuity under

section 37. 39. The payment .of all benefits payable under this Act and the by-laws of the Board is guaranteed by the Govern ment of the Province. 12 40. 'The Board shall (

a) manage and administer the Fund in 'acc.ordance with this Act and the provisions ,of its 'by-laws, (

b) engage such officers, employees,consultants and advisors as it considers necessary or advisable for the due administration of the Fund and the proper performance of its duties, upon such terms as it considers fit, and (

c) do all such ·acts and things and make all such pro visions, ,and by-laws, as appear to be right and necessary in the due administration of the Fund and its affairs and business. 41. The Board may by by-law but not otherwise (

a) determine what shaH constitute pensionable service and the extent of pensionable service necessary to a grant of pension, and provide for recognition of war service and other service approved by the Board as pensionable service and for contributions to the Fund in respect thereof; (

b) provide for early retirement, deferred pensions and

42. Approval of by-laws by the Lieutenant Governor in Council. The present

section 20 (3). 43. Settlement of disputes and doubts by the Board. 44. Reciprocal agreements with other pension authorities. 13

other pensions that are actuarial equivalents of normal pensions, including pensions payable jointly to a teacher and his nominee, and the allocation of interest .or income earned by the Fund; (

c) differentiate between the amount .of pension pay able in respect of contributory and non-contributory service on pensions granted after the thirty-first day of March, 1939; (

d) provide for payment out of the Fund .of disability allowances and death benefits; (

e) determine to whom shall be made payment of amounts which may become payable by by-law of the Board following the death .of a pensioner.or teacher; (/) determine in what cases and to what extent refunds .of Icontributions shall or may be made; (

g) determine in what circumstances, upon what con ditions and to what extent a teacher may be re instated in pensionable service; (

h) determine the conditions for payment of any benefit and the manner and time of payment; (i), make reciprocal provision for the payment of pension and related benefits with other pension plans for teachers in any province or territory of Canada; (

j) generally regulate all payments out of the Fund and all matters related thereto. 42.

(1) No by-law passed by the Board has any effect until it has been approved by the Lieutenant Governor in Council. ' I ~,~

(2) The Regulations Act applies to the by-laws of the Board. 43. Whenever a dispute or doubt arises thereon, the Board has power in its sole discretion to determine whether any person is a teacher within the meaning of this Act or the by-laws of the Board, the amount of his salary during any period of time, the extent of his pensionable service, the amount of any pension .or .other benefits payable under this Act or the by-laws of the Board, whether a teacher has retired from teaching service, and the date of such retire ment, and every such determination shall be final. 44.

The Board may, with the approval of the Lieutenant Governor in Council, enter into agreements or arrange ments with .other pension authorities for the transfer of benefits between the Fund and the plan administered by the other pension authority, including pensionable service in whole or in part, but every such agreement or arrange ment shall make provision for amendment from time to time by the Board as it considers desirable, or for termi nation on reasonable notice, or both. 13

45. Protection of teacher's interest in the Fund. The present

section 26. 46. Penalty for non-compliance with the Act. The present

section 22. 47. Repeal of present Act. 48. Commencement of Act. 14

(1) The interest that by this Act .or the by-laws .of the BQard any teacher, pensiQner .or cQntributQr has in the Fund or the interest .of any such perSQn in any pensiQn Dr .other benefit Dr right granted thereunder (

a) is nQt subject tQ garnishment proceedings .or attach ment .or seizure, .or any legal prQcess except in re spect .of a charge .of failure tQ accQunt fQr public moneys, and (

b) is nQt assignable.

(2) NQthing in subsecti.on (1) prevents a pensi.oner frQm auth.orizing the deducti.on frQm his pensiQn payments .of premiums .or .other like periQdic sums fQr h.ospitalizatiDn Dr medical ,insurance .or plans which are apprQved f.or this purp.ose by resQlutiQn .of the BQard.

(3) The BQard may refuse tQ act .on any PQwer .of at tQrney granted by any perSQn with reference tQ any payment .out .of the Fund .or any mQneys payable tQ that perSQn by reason .of this Act .or any by-law .of the BQard. 46. If a perSDn whQ is required by this Act .or by by-law .of the BQard (

a) tQ furnish any infQrmatiQn .or make any return Dr statement in writing tQ the Minister.or tQ the BQard, or (

b) tQ perfQrm any act .or duty, refuses or neglects tQ furnish such infQrmatiQn Dr make such return .or statement .or perfQrm such act or duty, he is guilty .of an offence and liable .on

summary cQnvictiQn tQ a fine of nQt mQre than fifty dQllars, which shall be re mitted tQ the BQard and credited tQ the reserve accQunt established under secti.on 15. 47. This Act repeals and replaces The Teachers' Retire ment Fund Act, being

chapter 330 .of the Revised Statutes. 48. This Act CQmes intD force .on the first day .of May, 1965. 14

No. 86 SECOND SESSION FIFTEENTH LEGISLATURE 13 E,LIZABET'H II 1965 BILL

An Act respecting the Teachers' Retirement Fund Received and read the First time ......................................... . Second time ....................................... . Third time. HON. MR. McKINNON Title: 1965 (15th, 2nd) Bill 86,

An Act respecting the Teachers' Retirement Fund

Document details

Collection	Alberta — Bills
Citation	L15 S2 1526
Type	bill
Volume / chapter	L15 S2 1526
Language	en
Format	json
Source	PROVINCIAL
Identifier	3224e1b0ffc390fb97588b35860c0bb20fd105f9

Source file is stored in the law ingest library (json).