Bill 18 (Legislature 18, Session 2)

L18 S2 5590

Alberta — Bills

1976 Bill 18 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 18 THE PENS'ION STATUTES AMEN'DME'NT ACT, 1976 THE PROVINCIAL 'TREASURER First Reading . . . . . '. . . . . . . . .. . , . . . . . . . . . . . . . . Second Reading ........................ . Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 18 BILL 18 1976 THE PENSION STATUTES AMENiDMENT ACT, 1976 (Assented to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Local Authorities Pension Act 1.

(1) This

section amends The Local Authorities Pen. sionAct.

(2) Section 7, subsection (2) is amended as to clauses (

b) and (

c) by striking out the words "a person" and by substituting therefor the words "that former employee". The Public Service Management Pension Act 2.

(1) The Public Service Management Pension Act is amended by this section.

Explanatory Notes I.

(1) This

section will amend

chapter 219 of the Revised Statutes of Alberta 1970.

(2) Section 7, subsection (2), clauses (

b) and (

c) presently read:

(2) Where a former employee leaves ,an amount on deposit pursuant to subs,elction (1), clause (b), (

b) a person, if he has not l.ess than five years' pensionable service and if he so elects, shall be paid a deferred pension at the age of 65 years but may be granted a pension at any time after he attains the age of 55 years, Dr (

c) a person, if he has attained the age of 55 years and if he so elects, shall be paid a deferred pension to commence on any date before he attains the age of 65 years if on the commencement date the sum of his attaind age and pensionable service, calculated in each case to the nearest compLete month, equals not less than 85 years. 2.

(1) This

section will amend

chapter 181 of the Statutes of Alberta, 197'2.

(2) Section 1 is amended (

a) by adding the following clause after clau8e (a): (a.I) "disability pl'an" means a long term disability income continuance plan, approved by the Board, under which an employee who, as a re sult of illness or other disability rendering him unable to perform his regular duties, is entitled to be paid a percentage of his salary in accordance with that plan; (

b) as to clause (g), subclause (i) (

i) by striking out the words "rate of", and (ii) by striking out the word "body" and by sub. stituting the word "party", (

c) as to clause (

j) by adding after the words "but does not linclude" the words "money paid in lieu of holiday.s," , (

d) as to clause (k) (

i) in subclause (

i) by adding after' the words "Allied Forces" the words ", or in a merchant navy serving the Canadian or Allied cause," (ii) by striking out the word "and" at the end of subclause (iii), and (iii) by adding the following subclauses after sub· clause (iv): (

v) service as a member of ,the Parliament of Canada,and (vi) time during which an employee is receiving benefits under a disability plan.

(3) Section 2 is amended (

a) as to subsection (1), clause (

a) b·y adding after the words "those employees of the Government who are" the words "employed for a minimum average of 30 hours per week throughout each year and who are", and (

b) by striking out subsections (6) and (7) and by sttb· stituting the following subsections:

(6) Notwithstanding subsection (1), any person employed by the Government on a seasonal or part· time basis may be brought under the application of this Act by order of the Board.

(7) Notwithstanding subsection (1), this Act shall apply to an employee during any period when he is on authorized leave of 'absence with or without payor is receiving benefits under a disability plan. 2

(2) Pay in lieu of holidays excluded for pension purposes. Service in merchant navy and in Parliament to be recognized. Provides integration with long term disability income continuance plan.

Section 1 (g), (

j) and (

k) presently read: (g) "pensionable salary" means (1) in the case of an employee whose service includes at least five years of emp,loyment wHh the Government or a party .to a reciprocal agreement, the average rate Off salary of that employee for the five consecuHve years of s'ervice with the Government and that body during which his salary was the highest, or (ii) in the case of any other employee, his pensionable salary as determined by the Board pursuant to

section 33, sub Beocion (5); (j) "salary" means, with reference to an employee, (

i) the gross .ra>te of salary, wa.ges, fees or other remuneration paid to him in any year of his employment in consideration of his services to his employer, and (ii) the value of any non-cash employment benefit conferred on the employee in any year of employment, but does nOlt include travelling expenses, subsistence al,lowances, overtime pay, bonuses or honouraria; (k) "service" means any period or periods during which a person is or has been employed prior to the age of 65 years by the Government, a. body with whom !there 1s a reciprocal agreement or any other body apl>roved by the Board and includes (

i) service in the Canadian or Allied Forces during World War II or the Korean War, (ii) authorized leave of a.bsence with or without pay subject to conditions preser,ibed by the Board, (iii) service as a. member of the Legislative Assembly or of the Exeoutive Council, and (iv) any period of employment otherwJse than with the Govern ment that is approved by the Board.

(3) Minimum of 30 hours per week service required, provision for part-time service and provision for integration with long term disability income continuance plan. Removes subsections (6) and (7) which are obsolete.

Section 2, subsection (1) (

a) and sub sections (6) and (7) presently read: 2.

(1) This Act appLies only to (

a) those employees of the Government who are (

i) the holders of offices or posLtions !iesignated as mana;gement pOSitions by an order of the Mimster under subsectlOn (2), clause (a), or (ii) persons who are desLgnated as employees for the pUl1?oses ().f this Act by an -order of the Minister under subsectlon (2), clause (b),

(6) Notwithstanding subsections (1) and (2), any pefrsothni tA°otWh~y this Act would otherwise a.pply at the commencement ° s m at any time not later than October 31, 1972 file with the Board a notice signed by him and by one wtitness stating that he elects to remain as a contributor under The Public Service Pension Act.

(7) Where a notice of election is fi1ed with the Board in accordance with subsection (6), (

a) this Aot shall be deemed toO have never applied to the person filing the notice, and (

b) thereafter the person who filed the nQtice is not entithlied ~o revoke the nQtJice or toO have this Act made appllca;ble to m y an order of the Minister .or the Board under this section. 2

(4) Section 5 is amended by adding the following 8ub. sections after subsection (2):

(3) No 'contributions m'ay be made by an empl.oy;ee pur. suant to subsection (1) during any period when he is receiving benefits under a disability plan, unless otherwise ordered by the Board.

(4) Notwithstanding subsection (3), contributions shall be m'ade in accordance with subsecHon (1) where payments under the disability plan together with any payments under a rehabilitation program are equal to or exceed the salary received by the employee immediately prior to his illness or other disability.

(5) Section 7 is amended (a). as·· to subsection (1) by striking out the words "Board may'" and by substituting the words "Lieu. tenant Governor in Council may", and (

b) as to subsection (2) by striking out clausB (

c) and by substituting the following: (

c) the date when payment is made in full to a benefkiary pursuant to

section 29.

(6) Section 15 is amended (

a) as to subsection (1) (

i) in clause (

b) by adding after the words "Can. adian or Allied Forces" the words ", or in a merchant navy serving the Canadian or Allied cause,", (ii) in clause (

d) by striking out the words "service prior" and by substititing the words "service with the Government prior" ,and (iii) by adding the following clauses after clause (i): (

j) any period of service as a member of the Parliament .of Canada, if the person p'ays into the General Revenue Fund, at the rate and on ,the terms that the Board directs, contributi.ons on the rate of reo muneration paid to him by. the Govern ment of Canada during that service, together with interest at the rate pre scribed by the Board that would have accumulated thereon, had an aecount been maintained in respect of him to the date of completion of payment in f~ll; 3

·

(4) To provide iI~.tegration wi~h long term disability income con tmuance plan.

SectIon 5, subsectlons (1) and (2) presently read: 5.

(1) Every. employee shall contribute to the Fund at the rate of 5 per cent of hiS salary. (2~ No oo~tributions may. be made by an employee pursuant to subsectlOn

(1) JU respect of ~lsemployme,nt afiter he reaches the ag f 65 or once .he has contJ'llbuted an amount sufficient ,to establts1 °a normal pewnon equal to 70 per cent of his pensionable salary.

(5) Lieutenant Governor in Council to set interest on contribu tions. Extends period in respect of which interest may be paid.

Section 7 presently reads: 7.

(1) Interest at the rate of 4 per cent a year, or at such other rate as the Board may fr~m time to time fix by regulM.itlln., (

a) shall be credited by the Board :to each employee's account on the last day of June and December in each year, and (

b) shall be computed on the amounts standing to the credit of the accounts on the next preceding first day of January and July respectiv.ely.

(2) The iIllterest shad.l continue to be credited to an employee's aocount until the end of the calendar month immediately preceding (

a) the dMe when payment is made in full to the employee pursuant to

section 27, or (

b) the date the emiPloyee becomes entitled to deferred pension payments pursuant to s'ecbion 26 . .or (

c) the date of death of an employee whose beneficiary is entitled to benefits pursuant to seotion 29. (6) 'Consequential to amendments to

section 1 of the Act awl to clarify subsection (3).

Section 15, subsection (l), clauses ,(

b) and (

d) and subsection (3) presently read: 15.

(1) For the purposes of this Act, pensionable service includes (

b) in the case of a person at the time of his enlis,tment (

i) who was in the employ of the Government, or (if) who was In theempl.oyment of the LegislaNve Assembly, or (iii) who was in the employment of a public body with whom there !is a reciprocal a.greement any period of absence on account of serv'ice in the Canadian or Allied Forces during World War II or the K01"ean War, :if he pays into >the Fund (iv) a sum equal to the contribuUons that he would have mooe ·in respect of any period or periods of h·is service had ,he been subject to The Superannuabion Act or The Public SerVICe Pension Act, and (

d) in the case of a person (0 who during a period or periods of his sE;rvice was not eligible to rbecome a contributoT under thiS Actor The Public ServriJCe Pension Act, and (ii) who has since become a contributor under this Act or The Public Service Pension Act, the perLod or periOds of his service 1?I"io~ to :the date ,,:hen he became a .contributor, if there is paid mto the Fund, In ,such manner and upon such Iterms as the Board may dIrect an amount equal to the contributions he would have made had he then been a contributor under this Act or "The Public Service Pension Act, together with interest tha~ would ~ave acoum ulated ,thereon 11a.d an account been rnatntalned In respect of him, to bhe dru'teof completion of payment in f.ull;

(3) Any period of service that is recognized for 'pe~on purposes under any other pension plan may not be counted as pensIonable service under this Act unless the Board otherwise ordem :and then only upon such terms and conditions as the Board may direct. 3

(

k) any period of service during which an employee has been receiving· benefits under a disability plan, if in the case of employees brought under the application of this Act pursuant to

section 35, pay. ment is made into the General Revenue Fund at the rate and on the terms that the Board directs. (

b) by striking out subsection (3) and by substituting the following:

(3) Notwithstanding subsection (1), any period of service that is recognized for pension purposes by 'any other pension plan under which an employee is entitled to receive or is receiving pension benefits may not be counted as pensionable service under this Act unless the Board otherwise orders and then only upon such terms and conditions as the Board may direct.

(7) Section 16 is amended by striking out the words "at a rate fixed by the Board" and by substituting the words "at the ra~.fixed pursuant to

section 7".

(8) Section 17 is amended by striking out the word "Any" and by substituting the words "Subject to the pro· visions of sections 13, 14, 18 and 19, ·any".

(9) The following

section is added after

section 19: 19.1 Notwithstanding

section 19, no employee is en· titled to receive a pension under this Act on account of an illness or a disability during the time he is entitled to receive or is receiving benefits under a disability plan.

(10) Section 20 is amended by striking out subsection (2) and by substituting the following:

(2) Where an employee elects to receive a normal pension (

a) that pension shall be payable to him for his life, and (

b) if he dies after retirement and there is a surviving spouse whoin he married at least five years prior to his dea.th, the pension shall be payable to that spouse for life in a? ,amount equal to 75 per cent of the normal penSIon that was payable to him. 4

(7) Section 16 presently reads: 16. Where an employee has resigned or has be·en dismiss.ed at any ltime during his service and has thereafter been re-einployed by the Government, his service prior to his' resligna.tion or dismLssal shall be deemed to be pensionable service if there is paid into the Fund in such manner and on such terms as the Board may direCit any sum paid to the employee a.t the time o,f his resignation or dismissal, together with interest thereon at a rate fixed by the Board, from the date a refund off contributions was made to the date of completion of such payment in full.

(8) Section 17 presently reads: 17. Any employee who retires pursuant toO

section 9 or 10 and whose pensionable service has not been less than five years is entitled upon his retirement to receive from the Fund lin monthly payments a normal pensi'On as specified in

section 20 'Or, at his option, an aUernSitive pension of one of ,the types specif,ied in

section 21.

(9) To provide integration with long term disability income con tinuance nlan.

(10) This amendment restructures subsection (2) for the purposes of

section 2'1 which refers to it.

Section 20, subsection (2) presently reads:

(2) The normal pension of an employee shall b~ payabl~ ~o him for his life and, if he dies after retirement and there IS a survlvmg spo1;lse whom he married at le8JSt foive years prior t'O his death, the pensIOn Shall then be payable to tha.t spouse for life in an amount' equal to 75 per cent of the nonnal pension thSit was payable to him. 4

(11) Section 21 is amended (

a) by adding after the words "secHon 20," the words "subsection (2), clause (a),", and (

b) by striking out clause (a).

(12) Section 22 is amended (

a) by renumbering the

section as subsection (1), and (

b) by adding the following subsection after renumber ed subsection (1):

(2) Where a former employee dies .or has elected to take an early retirement and has not made a selection fr.om the pension options available to him, the Board shall in its diseretion select a normal pension or one of the alternative pensions or pay ment referred to in

section 21.

(18) Section 29 is amended (

a) as to subsection (8) by adding at the end of the subsection the words "but that sum shaH not exceed an amount that is equal to the accumulated cont:r~ibutions that were paid at the rate prescribed byo

section 5 together with interest';', (

b) by adding the following subsection after subsection (8) :

(3.1) Notwithstanding subsection (3), no pay ment to 'a beneficiary pursuant to that subsection shall be in an amount greater than the share which is otherwise 'Payable to that beneficiary. (

c) by s-triking out subsection (5) and by substituting the f'olf'owing:

(5) Where a surviving spONse elects to be paid a pension pursuant to suhsection ( 4). and the deceased employee had accumulated other service that eQuId be recognized 'as pensiQnable service unde.r .this Act if contributiQns had been paid, the survIVIng SPQuse may be permitted to make the payment of cQnt:t~'ibutions in respect .of the service In .order that an Increased pensiQn may be granted. 5

(11) Removes reference to life pension as that is a normal pen sion under the Act.

Section 21 presently reads: 21. The alternative pens.i<ons referred to .in this Ad shall be of an actuarial value equiyalent in each case to that -of the normal pension provid.ed for by sectlOn 20, and the alternative pensions shall be of the foLLowmg types: (

a) a pension payruble for the life of Ithe employee and cea.sing on his death; , (

b) a pe~sion p~yable f.or the life of the employ,ee or a term of years certam, whIChever lS the longer; (

c) a pension paid during the joint lives of the employee and a nom~nee designat~d !:>y him which, after the death of either, shall co;ttmue to be paId m ,the same amount 'Or in an amount of tW'o thlrds or one-half thereof, to the surv-iVO'l' for his life; (

d) s.uch other form of pension -~r payment as may, upon applica tlOn of the employee and wlth the consent of the Board be ~::i~~e~t~st suited to the employee's circumstances upon' his

(12) Section 22 presently reads: 2~. Th~ B?ard, .b~fore an emploOyee attains the age Of 65 years, shall notlfy hlm In Wrlt'lng as to the normal and alternative pensions from which the employee may make a selection, and if the employee does not select an aUernative pension prioOr toO his aHainin.g the age of 65 years, the Board may, in its dislcretion, s'elect for him a nO'l'mal pension or on.e of the alternative pensions referred to in

section 21. (13) fro clarify the operation of subsection ('3) and to reword subsection ('5) to broaden its effect.

Section 2,9, subsections (3), (4) and (5) presently read:

(3) Where the benficiaryof a deceased employee, or of a deceased employee who had elected to 'l'eceive a deferred pension, is (

a) his surviving spouse, or (

b) a dep,endent child under the age of 18 years, the beneficiary is alsn entitled to receive a ful'lther sum equal to the amount standing to the credit of the. acoount oOf the deceased.

(4) Where· the p,ensionahle service of an employee, or an employee Who had elected to' receive a deferred pension, at the date of his death has no,t been· lesls than five years, and where the beneficiary is his sur viving spouse, the benefi.ciary may eleot to be paid in lieu of the pay ments undr subsdions (1) and (3) (

a) a pension of the san:>-e amount as ~ould have been 'payable if the employee immedlately before hls death h~ retIred un~er the provisionS of secHon .12 a;td had been e~titled to exe,rc.lse and had exercised the optIOn glven under seotIOn 21 of recelvmg a pension payable during the joint lives of hims-elf and his spouse and during the life of the survivor in the ,same amount, or (

b) a pension payable for life or. for a te~ of years c~rtain, whichever is the longer, that IS an actuarIal value eqUIvalent to that of the pension provided for under clause (a).

(5) Where a surviving spouse elects 'io be paid a .pension pursuant to subseetion (4) and the employee before his death had .been making payments or had. made arrangements to make paym~nts m respect of his prior service, the surviving s'pou~e may be perm'l~ted to make ~he payments in resp-ect of that servICe 11n order that an· 'Increased penSIOn may be granted. 5

(1J,,) (a) (

b) Section 39 is amended as to subsection (1) by striking out clause (d), as to subsection (2) by striking out clauses (

b) and (

c) a.nd by substituting the following: (

b) fixing the rate of interest to be charged where there is undue delay in remitting contributions to the Board pursuant to

section 6; (

c) by striking out subsection (3), and (

d) as to subsection (5) by striking out the words "rate of".

(15) Section 35 is amended as to clause (

b) by adding after the words "group of persons" the words "employed by a public body" and by adding at the end of the

section the words "and such order may be effective as of a date prior thereto". The Public Service Pension Act 3.

(1) The Public Service Pension Act is amended by this section.

(2) Section 2 is amended . (

a) by adding the following clause afte'f' clause (a): (a.I) "disability plan" means a long term disability income continuance plan, approved by the Board, under which an employee who, as a result of illness or other disability rendering him unable to perform his regular duties, is entitled to be paid a percentage of his salary in accordance with that plan; (

b) as to clause (b) (

i) by striking out subclause (ii) , (ii) as to subclause (iii) by adding after the word "seasonal" the words "or part-time", (iii) by adding the word "and" at the end of sub· clause (iii) and by adding the following sub· clause after subclause (iii): (iv) any person on authorized leave of absence wit~ ~r without payor any person who is receIvIng benefits under a disability plan, 6

(14) Section 33, subsection (1), clause (d), subsection (2), clauses (

b) and (

c) and subsections (3) and (5) presently read: 33.

(1) The Bo.ard may (

d) exempt any empl.oye·e or class .of employees from the regulation!'! 0.'1' any part thereo.f. ~

(2) The Bo.ard may make regulations (

b) fixing ,the rate of interest to. be credited to the employee's aocount pursuant t.o sectio.n 7; (

c) fixing the rate of iIlJtere,st fo.r the purposes 'Of

section 16;

(3) Reg~atio.ns under sUbsecDion (2) may be made effective as Qof ~i.o~~tlfr.l.or to. the date UPo.n which they were filed under The Regula-

(5) In any case where an emplDyee'S pensionable service includes less than five years of .emplo.yment with the Government 0'1' a body that is a party to. a reCIpro.cal agreement, the Board shall determine his pensi.onable salary as 'being his average rate of salary fOT the five c.onsecutive years o.f his service during which his salary was the highest except that, with respect to. any peri!od o.f employment with an emplo.yer .other ,than the G.overnment .or a body with whom there is a reciprocal agreement, (

a) the Board may pres'cribe that only paI1t of his salary earned ~~ing thait perio.d shall be taken into. a.ccount for that purpose, (

b) the Board .shaM not take i~to aOC~lUnt any non-cash employment beneflts co.nferredon hIm durmg that period.

(15) To clarify that the

section is restricted to employees of public bodies and to permit retroactive inclusion in the plan. Sec tion 35 presently reads: 35. SubjeCit t.o such mo.difications and excepUons and upon such terms and co.nditi,o.ns as he may prescribe, the Lieutenant Govern.or in Council .on the reoommendaUon of the MinLster may .order that this Act applies to. (

a) the members .of any Government body, board or commission Dr employees .of a GDvernment bDdy, board or eommissi.on h.olding positions thM are designated as management positions by the Minister, 0.'1' (

b) any group of persons, if the nature and terms .of their empl.oy ment permit the convenient applicati.on of th'is Act t.o them. 3.

(1) This

section will amend

chapter 2:99 of the Revised Statutes of Alberta 1970.

(2) Permits recognition of part-time service, provides integration with disability income continuance plan and amends the definition of employee to include all women.

Section 2, clauses (

b) and (

e) presently read: 2. In this Act, (b) "emplo.yee" means (

i) any person employed .on a fuM time continuous basis for a minimum average of 30 hours per week throughout each year by the Go.vernment .0'1' the Legislative ASlsembly, and (ii) any married woman employed on a full time continu.ous basis for a minimum average .of 30 hours per week thl'oughout each year by the Government or the.

Legislative Assembly wh.o has applied within the pe'l'lod deSIgnated by the Board t.o be included in the o.peratiDn Df this Act, and [Rep. 1973, c. 50, s. 2 Pr.oc] (iii) any pers.on emplo.yed each -rear by the .Governm~~t .on a seasonal basis and included m the .operatIOn .of thIS Aet by .order .of the Board, wh.o was ,less than 60 years .of age at the 'Commencement o.f his 'service; (e) "service" means any perio.d Dr peri.ods during which a person is Dr has been emplo.yed p'riDr to' the age of 65 years b-r t~e GDvernment Dr the Legislative Assembly or any bo;dy WhICh IS a party to a reciprocal agreement pursuant ~D sec-bon 35 or .by any public body approved 'by the Board and mcludes any pe'l'I.od of (

i) service in the Canadian o.r allied forces, .or ~n a merchant navy serving the Canadian or allied cause, durmg World War II Dr the Korean War, (ii) authorized leave Dfabsence with Dr witho.ut pay subject t.o the conditiDns pre,s'cribed by the Board, (iii) service as a member .of the Legislative Assembly o.r Ex ecutive C.ouncil, and (iv) service as' a member .of the ParHament .of Canada; 6

(

c) as to clause (

e) by striking out the word "and" at the end of subclause (iii), by adding the word II and" at the end of subclause (iv) and by adding the fol. lowing subclause after subclause (iv): (

v) the time during which an employee is receiving benefits under a disability plan.

(3) Section 5 is amended (

a) as to subsection (2) (

i) in clause (

c) by adding at the end thereof the word ", or", (ii) by adding the following clause after clause (c): (c.

l) by an employee who is receiving benefits under a disabiliity plan unless otherwise ordered by the Board, or (iii) _ by striking out clause (d), (

b) by adding the following subsection after subsection (2) :

(3) Notwithstanding subsection (2), clause (cl), contributions shall be made in accordance with subsection (1) where payments received under the dis-ability plan together with any payments under a rehabilitation program are equal to or exceed the salary received by that employee immediately prior to his illness or other disability. ( 4.)

Section 7 is amended (

a) as to subsection (1) by striking out the words "the Board m·ay" and by substituting the words "the Lieutenant Governor in Council may", (

b) as to subsection (2) by striking out clause (

c) and by substituting the following: (

c) the date when payment is made in full to a beneficiary pursuant to

section 28.

(5) Section 13 is amended as to subsection (1) (

a) by adding after the words "this Act" the words "or The Public Service Management Pension Act", and (

b) by striking out the words "pursuant to

section 16". 7

(3) PeTmits integration with disability income continuance plan and reflects inclusion of all women employees under the Act.

Section 5 presently reads: 5.

(1) Subject toO t.he ,other PTDvisiDns Df this Act, every emplDyee shaLl make eDntnbutJDns at the rate Df 5 l}er cent Df his salary to the General Revenue Fund to' be accounted fDr as part Df the General Revenue Fund.

(2) NO' contributiDns may be made under subSeCttiDn (1) (

a) by an emplDyee whO' has attained the age of 60 years priO'r to' the cDmmencement O'f his service, ,O'r (

b) after the empl'Dyee has attained the age of 65 years, O'r (

c) after the emplQyee has ma.de cO'ntributiOons fQr a total periO'd 'Of 35 yea~s. (

d) by a married woman unless she applies to' dO' sO' within the p,eriod des'igna ted by the Board.

(4) Interest to be set by the Lieutenant Governor in Council. Extension of period in respect of which interest is paid.

Section 7 presently reads: 7.

(1) Interest at the rate of 4 p,er cent per annum, Dr at such other rate as the Board may from time to' time fix, (

a) shall be credited by the BO'a'rd to each empl.oyee's accO'unt O'n the last day 'Of June and December in each year, and (

b) shall be computed O'n the amDunts standing to' the credit O'f the aCCDunts Dn the next preceding first day .of January and July respectively.

(2) The interes,t shall cDntinue to' be credited to' an empLO'yee's or former emplDyee's accO'unt until the end of the calendar mO'nth im mediately preceding (

a) the date when payment ,is made in full tQ the emplO'yee pursuant to

section 25, Dr (

b) the date the former employee becDme,s entitled to' deferred pensiDn payments pursuant to' seotion 26, Dr (oc) 'the date Dfdeath of an emplDyee whQse beneficiary is' entitled to' benefits pursuant tQ secti.on 28.

(5) Section 13, subsection (1) presently reads: 13.

(1) NO'twLthstanding sectiDn 12, where a person has retir!ld on pension under this Act befDre the retire:n:ent. age .of 65 an~ IS r~ emplDyed by the Government O'r the LegIslatlve Ass~mbly, If he IS eligible to' make further contributiDns pursuant to sedlOn 5 .. the pa¥ ment of any pensiDn received by him pursuan~ to' sec'~lOn 16, m respect .of his prior service, shaLl be suspended untIl he agam ceases to' be employed. 7

(6) Section 14 is amended (

a) as to subsection (1) (

i) in clause (

f) by adding after the words "periods of his employment" the words "with the Government" , (ii) by striking out the word "and" at the end of clause (

k) and by adding the word ", and" at the end of clause (

l) and by adding the follow ing clause after clause (l): (

m) any period of service during which a per son received benefits under a disability plan, if, in the case of persons brought un der the operation of this Act by

section 36 or 37, payment is made into the General Revenue Fund at the rate and upon the terms set by the Board, of contributions together with interest at the rate prescrib ed by the Board that would have accum ulated thereon, had an account been main tained in respect of him, to the date of completion of payment lin full. (

b) by striking out subsection (7) and by substituting the following subsections:

(7) Notwithstanding subsection (1), any period of service that is recognized for pension purposes under any other pension plan in respeot of which an employee is entitled to receive or is receiving pen sion benefits may not be counted as pensionable service under this Act unless the Board otherwise orders and then only upon such terms and con ditions as the Board may direct.

(8) Notwithstanding subseotion (1), clause (f), in the case of a married woman employee who commenced service prior to July 1, 1976, any service during which she was nOit a contributor under this Act shall be deemed to be pensionable service if payment is made into the General Revenue Fund, at the rate and on the terms that the Board directs, of contributions on the salary paid to her during that service together with interest that would have accumulated thereon, had 'an account been main tained in respect of her, to the date of completion of payment in full.

(7) Section 16 is amended by adding after the words "Subject to the provisions of sections" the figures "12, 13,". 8

(6) Clarifies service to be included, permits integration with disability income continuance plan and provides for past service contributions in respect of married women who did not participate under the Act. 14.

(1) For the purposes of thi,s Act, pens'ionable service shall be deemed to include (

f) in the case of a person (

i) who during a period or periods of his employment was not eligible to become a oontributor under this Aot, and (

H) who has since become a eon tributor under this Act, the period or periods of his employment prior to the date when he became a contributor, if he pays into the General Revenue Fund in such manner and upon such terms as the Board may direCJt an amount equal to the contributions he would have made had he then been a oontributo'r, together with interest that would have accumulated thereon to the date o·f completion of payment in full,

(7) Notwithstanding subsection (1), any period of service that is recognized. for penSion purposes under any other pension plan may not be counted as pensionahle serv,ice unless the Board oltherwis'e orders and then only upon such terms and conditions as the Board may direct. [Eff. April 1/73]

(7) Section 16 presently reads: h . 17 d 18 any employee w 0 16. Subject to the provisions of sectlons hO~~ enSionable service has retires purs'uant to s.ection 9, 1~ or l\t~d u~on hi~ retirement to rece~ve not been less than fIve years ·IS ~n 1 . e a ments a normal penSIOn fflom th~ .Gen,eral R~venue FUndtlnh,moonp'tR~~ p:n alternative pension of a:s speCIfIed m

sectIOn 20 or, a. ' IS , one of the types s'pecified ,in

sectIOn 21. 8

(8) The following

section is added after

section 17: 17.1 Notwithstanding

section 16, no employee shall be entitled to receive a pension payment under this Act where he is entitled to receive or is receiving benefits under a disability plan.

(9) Section 22 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding the following subsection after renum bered subsection (1):

(2) Where a former employee dies or has elec ted to take early retirement and has not made a selection from the pension options available to him, the Board shall in its discretion select a normal pension or one of the alternative pensions or the payment referred to in

section 21. (10

Section 26, subsection (4) is amended as to clause (

b) by adding at the end thereof the words "upon the ap proval of the Board."

(11) Section 28 is amended by striking out subsection (3) and by substituting the following subsections:

(3) Where the beneficiary of a deceased employee, or a deceased former employee who had elected to receive a de ferred pension, is (

a) the surviving spouse of that employee or former employee, or (

b) a dependent child under the age of 18 years, the beneficiary is also entitled to receive la further sum equal to the amount standing to the credit of the account of the deceased, but that sum shall not exceed an amount that is equal to the ,accumulated contributions that were made at the rates prescribed pursuant to sections, 5 and 40 and interest.

(3.1) Notwithstanding subsection (3), no payment to a beneficiary pursuant to that subsection shall be in an amount greater than the share which is otherwise payable to that beneficiary. 9

(8) To integrate pension payments with the disability income continuance plan.

(9) Section '22 presently reads: 22. The Board, not less than 90 days befoere an emplo'yee attains !the age of .65 year~, shall notify: him in writing as to. the normal and a1te~atlve penSIOns from WhICh the emplQyee may make a selection, and .if. the emplQyee does not sel.ect an alternaNve pension prior to his attaI~Ing the age Qf 6~ years, the Board may, in its discretion, select f~r s~i.o~ ~~:mal penslOn or one of the alternative pensions referred to

(10) Section 2'6, subsection (4) presently reads:

(4) Where an ,employee ,is otherwise discharged or resigns, he is entitled ,to receive at his option (

a) the amDunt standing to his credit in ,the records Df the Board as provided by seCition 25, Dr (

b) a deferr,ed pension, as provided in this section, at the age of 65 year:s but may be granted a pension at any time after he attains the age of 60 years.

(11) To clarify the operation of subsection (3).

Section 28, sub section (3) presently reads:

(3) Where the beneficiary 'Of a deceased employee, 'Or a deceased former emploQyee who had eleeted to receive a deferred pension, is (

a) the surviving ,spouse of that emp'loyee or fDrmer empl'Oyee, Dr (

b) a dependent child under the age of 18 years, the beneficiary is also entitled toO 'receive a further sum equal to the amount standing to the credit of the account oQf the deceased, but that sum shall not exceed an amount that is equal ,to the accumulated contributioQns that were made at the rates set pursuant to sections 5 and 40 and interest. 9

(12) Section 34 is amended (a) . (

b) as to clause ( d), subclause (ii) by striking out the word "credited" and by substituting the word "charged" , by striking out clauses (

e) and (f) .

(13) Section 37 is amended as to clause (

d) by adding after the words "group of persons" the words "employed by a public body".

(14) The following

section is added after

section 40: 41. Notwithstanding any other provision of this Act, where a married woman (

a) commenced her employment with the Government, the Legislative Assembly or any body brought under the operation of this Act pursuant to

section 36 or 37, prior to July 1, 1976, and (

b) did not apply before that date to be included ~n the operation of this Act, she shall not be included in the operation of this Act unless she makes application to the Board to be so included.

(15) The Public Service Pension Amendment Act, 1973 is amended by striking out

section 2, clause (a), subclauses (

i) and (ii),

section 5, clause (b),

section 9, clause (d), sections 16 and 19 and

section 22, subsection (1). 4.

(1) This Act, except

section 3, subsection (2), clause (a), subclause (

i) and subsection (3), clause (a), subclause (iii), comes into force on the day upon which it is assented to and upon so coming into force shall be deemed to have been in force at all times on and after April 1, 1976.

(2) Section 3, subsection (2), clause (a), subclause (

i) and subsection (3), clause (a), subclause (iii) come into force on July 1, 1976. 10

(12) Section 34, clauses (d), (

e) and (

f) presently read: 34. The Board may (

d) make regulations, consis'tenrt wi:th the provisions of this Act, for (

i) the method of payment of pensi'ons, (ii) the rate of interest to be credited on contri,butioI1S, (iii) the application of this Aot in cases not specifically or ex pressly provided for in :the A'Clt, and (iv) any other ma.tters or things convenient or useful in the carrying out of the proviSions of this Act, (

e) exempt any employer, employee or class of employees from the regulations or any part thereof, and (

f) make regulations that are e,ffect'ive with reference to a period before they were filed and published under The Regulations Act.

(13) Section 37, clause (

d) presently reads: 37. Subjct to such modificaUons and eXceptions and upon such terms and conditions as may be ordered by the Lieutenant Governor in Council, 'the pro'visions of this Act may be applied to (

d) any other class or group of pellsons if the nature and terms of their employment are such as to permit the convenient applic3Jti'On of this Act t'O them.

(14) Effective July 1, 1'97'6 all married women commencing em ployment will be included under the Act. However, married women employed before that time who did not participate may continue to be non-participants or apply to come under the Act.

(15) Consequential. These provisions were to come into force on Proclamation but never have been Proclaimed. 10 Title: 1976 (18th, 2nd) Bill 18, The Pension Statutes Amendment Act, 1976

Document details

Collection	Alberta — Bills
Citation	L18 S2 5590
Type	bill
Volume / chapter	L18 S2 5590
Language	en
Format	json
Source	PROVINCIAL
Identifier	45977885439e49ddef6674493ae401e2b3119360

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