Bill 102 — Fourth Session, 16Th Legislature, 20 Elizajle.Fl .U the Legislative Assembly of Alberta Bill 102 An Act To Amend the Teachers' Retirement Fund Act (Legislature 16, Session 4)

L16 S4 4939

Alberta — Bills

1971 Bill 102 Fourth Session, 16th Legislature, 20 ElizaJle.fl .u THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 102

An Act to amend The Teachers' Retirement Fund Act THE MINISTER OF EDUCATION First Reading . . . . . Second Reading ................ . Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 102 1971

AN ACT TO ~MEND THE TEACHERS' RETIREMENT FUND ACT (Assented to , 1971) HER MAJESTY, by 'and with the ladvke and consent of the Legis}ative Assemhly of A1llberta, enalcts as follows: 1. The Teachers' Retirement Fund Act is hereby amended.

Section 2 is amended (

a) as to clause (g), subclause (ii) by striking out the words "Lieutenant GlOvernor in Council" and by substituting the word "Minister", (

b) as to clause (

h) by striking out subclause (

i) and by substituting the following: (

i) pursuant to

Part 5 of 'The 8c1h!()foll Act, if the hlOlding 'Of the cer.tiHCla1Je 'Of qU1al1ifk1atiIOn is a condition of his employment;

Section 12 is struck ovut and the following is sub stituted: 12. The c'Osts 'Of administrati'On 'Of the Fund and all matters relating thereto s!hlall be borne by and paid out of the Fund, but fr'Om and rafter July 1, 1971, ltIhe Provincial Government shaM hear 'One half of 1jhe costs IQf ~dminstra tion 'Of the Fund and the Pr'Ovincial Treasurer shall pay over 110 the Fund eaClh month '1ts (share of the costs for the previ10us month.

Section 14, subsection (1) is amended by adding the following clause after clause (d): (

e) tlhat portion of the 'C1osiJs 'Of ,any specific or general adj ustments ill the ,amount .of pensions 'authorized by the Lieutenant Governor in O'Ounc@ and attri buted to the Provincliial GoveQ'nment in ,the order m'ade pursuant to sectilon 34.1.

Section 16 is amended (

a) as to subsection (1) by striking out the words "68 years" and by SUbstituting the words "65 years",

Explanatory Notes I. This Bill will amend

chapter 361 of the Revised Statutes of Alberta 1970. 2. SeotiolIlJ 2 (g) (ii) ,alIld (h) (

i) presently ['ead: (g) "SChODI bDard" means (ii) any CDrpDratiDn apprDved fDr the purpDse by the Lieutenant GDvernor in CDuncil (h) "teacher" means a pers'On hDlding a permanent Dr tempDrary certificate Df qualificatiDn as a teacher issued by the Minister 'Of Education under The Department -of Educati'On Act who is em plDyed (

i) pursuant to,

Part 5 Df The SChDOII Act, Dr

Section 12 presently reads: 12. The CDStS Df administratiDn and all matters relating thereto, shall be bDrne by and paid Dut of the Fund. 4. Seclti'o[1 14 ( 1 ) p[',elsellltly reSJds: 14.

(1) Payments that 3Jre made by the BDard frDm the Fund pursuant to, this Act and the by-laws of the BDard and that are paid fDr any month Dn Dr after the first day Df April, 1956, shall be repaid to, the Board by the PrDvincial Treasurer to, the fDI,IDwing extent: (

a) pension payments and disability all'Owances to, persDns who, first be~me entitled thereto befDre the first day Df April, 1948, shall be repaid in full; (

b) pensiDn payments and disability allDwances to, persDns who, first became entitled theret'O ,on Dr after the first day of April, 1948, shall to, the extent that they represent pensiDnable service befDre the first day 'Of September, 1939, be repaid in full and to, the extent that they represent pensiDnable service on Dr after the first day Df September, 1939, be repaid in half the amDunt but, with re,spect to, any increase in pensiDn payments pursuant to, a by-law Df the BDard filed as A,lber,ta RegulatiDn 330/68 (

i) to, a p,erSDn who, retired priDr to, July 1, 1959, Dr to, a survivDr Df such a perSDn, or (ii) to, a SPDuse Df a teacher who, died priDr to, July 1, 1959, the amDunt Df the increase shall be repaid in full; (

c) the amDunts charged to, the reserve accDunt pursuant to, sectiDn 38, subsecUon (1) shall be repaid in full; (

d) the amDunts in excess of teachers' contributions and interest thereDn which are transferred to other pension authorities pur suant to an approved agreement or arrangement shall be repaid iill full. 5.

Section 16(1) and (2) presently read: 16.

(1) Every teacher shall contribute to the Fund such amount of his salary, being not less than 3 per cent nor more than 7 per cent thereof as the BDard may prescribe by by-law, until he has cDntributed for an aggregate Df 35 years of service or until he attains the age of 68 years, whichever occurs first.

(2) Notwithstanding subsection (1), no, contributions shall be made by. a substitute. tempDrary or part-time teacher in respect of his dally salary in any calendar month unless he is engaged and paid for 10 ,0,1' more days in that month.

(

b) as to subsection (2) by striking out the words "in respelct of his daily sla,lla~y in any ea[endar month unl'ess he is engaged and paid ~or 10 .or more days in tbat month".

Section 18, subsection (1) is amended by adding after the 'Words "may appolint in wri'tlng" the words "and in the manner prescribed by the Board".

Section 19 is a1nended (

a) as to subsection (1) by adding to the end thereof the words "but the Min1ister may, upon the request of the Hoa'rd, and untilifue pres l0ribed 'Sitatements. have been provided to the Board, retalin an or 'any part of the grant,", (

b) as to subsection (3) by adding after the words "retained by it" the words ", or to furnish to the Boa,rd the prescribed stbatements relative thereto".

Section 29 is amended by striking out subsection (2).

Section 32 is amended by striking out subsection (1) and by substituting the following: 2 32.

(1) A person who (a) ~eaves or has left his emp~oyrnent :as a teacher in Alherta, land (

b) thereafter is 'Or becomes employed .or engaged in (Ii) an 'Occupation, servi'C8 or iaJctivity 'app~oved by the Board, 'Or (ii) 'aJttending and '0ompllei:ling a course Qf univer sity studies apprloved by the Faculty of Ed u'0ation of a U'nivers1ity under The'Universities Act leading to an improvement in his teacher qualificati'Ons, or (Hi) any '0oThsecutive combinlaltilOn Qf the empJlOy ments or engagements designated in !suhclaus'es (

i) and (,ii), and (IC) returns lOr intends to return to employment (

i) as a teacher in Alberta or in another province 'Or territo'ry 'Of Canada ii'll respect 'Of which the B'Oard has by by-law mad'e redprocal pro vision for the p1aymlenrt of pension, or (ii) as a teacheT by an authority with whom the Board has a recipro0aT 'agreement, may, when 'his emp~loyment orr engagement under ·clause (b), subclauses (

i) land (

H) is continuous,

Section 18(1) presently reads: 18.

(1) Every school board shall pay the moneys required to be re tained 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 appoint in writing, 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 i<ncluded in the payment, the amount of salary earned by him, and suoh other information within the knowledge of the school board as the Board may reasonably require for the due administration of the Fund. 7.

Section 19(1) and (3) presently read: 19.

(1) If any school board fails to make payment of the moneys re quired to be retained by it, or any part thereof, at the time or times appointed by the Board, the Minister shall retain from the next legisla tIve grant payable .to the schoo,~ board the amount by whioh it is then in default of payment, and shall pay the amount so retained to the Board as 00ntributions by the teachers.

(3) Every school board 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 BOaTd by

section 18, and with every payment by the Minister to the Board pursuant to thi.s s.ection the Minister s.h;tll furnish to the Board a correct statement showing the name of each teacher whose oontributions to the Fund ar.e included in the payment, the amount of salary earned by him, and such other information within the knowledge of the Minister as the Board may reasonably require for the due ad ministration of the Fund. 8.

Section 29(2) presently reads:

(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 tea'chers, 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. 9.

Section 32(1) presently reads: 32.

(1) 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 a1lied forces while Canada is 3It war, or (ii) an occupation, ,service or activity approved by the BO'ard, or (iii) attending and completing a course of university studies ap proved by the Faculty of Education of a university under The Universities Act leading to an improvement in his teacher qualifications, or (iv) any consecutive -combination of the employments or engage ments 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 reciprocaJ provisi1on for the payment of pension, or (ii) as a teacher by an authority with whom the TIoard has a reciprocal agreement, may, when his employment or engagement under clause (b), sub clauses (i), (ii) and (iii) is continuous (except for such periods of ab Sence as in the opinion ·of the Board are justified in the circumstances) apply to the Board for permission to contribute to the Fund in respect of the periods de·signated in clause (b), subclauses (

i) and Oi).

(except for suclh periods of abs'ence as in the opinion of the Board are justified lin the circumstances) apply to the Boa'rd for permis'Slion to contribute to ,the Fund in respect 'Of the pe'r'iod designated in clause (b), subclause (i). 10. The following

section is added aftel'

section 34: 34.1

(1) Notwithsltanding the provi'sions of thi,s Act, for the purpose of mlaintaining an ,approximate p'arity with ,tlhe cost 'Of living, the Lieutenant Governor in Council may authoT'ize the Board from time to time to make specific or general adjustments in the amount of pensions or any .class thereof, effective from such time 'asm'ay be specified in the 'Order, and in each such Cla'se 'Slha~,1 stipulate the portion of rthe cost 'Of the adjustments to he borne by the Provincial Government and the Fund respe~tively.

(2) N'01tlhing in subsection (1) empowers the Lieutenant Governor in Council t'O make specifie or general adjustments in the amount of pensions or 'any da,s'S thereof which would have the effect of reducing the amount of a pension to a level bel'Ow that to which a person becomes entitled (apa,rt from subsection (1» under this Act.

Section 41 is a/mended by stl'iking out clause (

b) and by sUbstituting the following: (

b) engage such offieers, employees, consultants and advisors a'S it considers necessiary or advi'Slahle for the due administration oftlhe Fund and the proper performance of its duties, upon such terms as it considers fit, wiifu power (

i) to delega:te to the <consultants and advisors the 'authority to buy and sen s'eeuritie.s comprising the Fund in a<coolrdiance with such terms of reference as the Board may by regu~ation from time to time pres'cribe, and (ii) to enter into and contribute from the Fund to pension plans for those .of i,ts 'Officers and employees whO' are not tea,chers, and 12. The Pl'ovincial Tl'eaSU1~er shall, out of the General Revenue Fund of the Pl'ovince, l'eimbul'se the Fund for the 1l1.oneys paid out of the Fund pursuant to By-law No.3 of 1970, being Albel'ta Regulation 186/70. 13. The aggregate of the sums paid into the l'eSer,ve account established pul'suant to:

section 15 since December 81, 1965 in accordance with

section 29, subsection (2), to- 3

10. Adjustment of pensions to keep pace with the cost of living. II.

Section 41 (

b) presently reads: 41. The Board sha;U (

b) engage such officers, employees, consultants and advisors it considers necessary or advisable for the due administration of the Fund and the proper pe,rformance of its duties, llpon such terms as it considers fit, with power to enter inno and contribute from the Fund to pension plans for such of its officers and em ployees who are not teachers, and 12. This

section provides statutory authority for reimbursement by the Government of certain moneys paid out of the Fund.

Section 15 and

section 29(2) presently read: 15.

(1) The money that the Lieutenant Governor in Council has paid since the first day of April, 1948, to schQlol boards and that has been remitted by or on behalf of such school boards to the Board for deposit in the Fund, together with the i'nterest that such money has earned, shall. in s.o far as such money and interest exceeds the amount that the Provincial Treasurer Wlould have paid under

section 14, subsection (1), clause (

b) had that clause been in force on and after the first day of April, 1948, instead ·of the provisions 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 account the moneys payable under

section 14 by the Provincial Treasurer, so that no money shall be paid by the Provincial Treasurer under

section 14 until the reserve acoount, together with the interest that such money has earned, is exhausted. 29.

(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 p,rescribed by this Act or by by-law as aforesaid. 3

gether 'with interest thereon at the rate earned by the Fund from ,year to year, shan be transferred from the reserve account to the Fund on the date this Act comes into force. 1.q. This Act comes into force on the day upon which -it is assented to. 4

4 Title: 1971 (16th, 4th) Bill 102,

An Act to amend The Teachers' Retirement Fund Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4939
Type	bill
Volume / chapter	L16 S4 4939
Language	en
Format	json
Source	PROVINCIAL
Identifier	3c478922ebaf4ee03c538cf0816efddf4e57a7da

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