Bill 46 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 46 Universities Academic Pension Plan Act the Provincial Treasurer (Legislature 20, Session 3)

L20 S3 3384

Alberta — Bills

1985 BILL 46 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 46 UNIVERSITIES ACADEMIC PENSION PLAN ACT THE PROVINCIAL TREASURER First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent ajivi W.L.U

Bill 46 BILL 46 1985 UNIVERSITIES ACADEMIC PENSION PLAN ACT (Assented to , 1985) TABLE OF CONTENTS

Interpretation 1 Universities Academic Pension Plan The Plan 2 PARTI ADIVIINISTRATION Division 1 The Minister Administration of the Plan 3 Report to the Legislative Assembly 4 Division 2 The Universities Academic Pension Plan Board Establishment, composition, term of office, etc. 5 Chairman and vice-chairman 6 Support services 7 Objects of the Board 8 Advisory functions of the Board 9 Board's power to extend time limits, etc. 10

PART 2 PARTICIPATION The participants 11 Normal pensionable date 12

PART 3 CONTRIBUTIONS Disposition of contributions 13 Participant current service contributions 14 Employer contributions 15

PART 4 PENSIONABLE SERVICE Computation of pensionable service 16 PARTS BENEFITS

Definitions 1 ^ 1

Division 1 Retirement Benefits Pension on retirement at normal pensionable age ig Altemative forms of pension 19 Co-ordinadon of certain pensions with C.RP and O.A.S. 20 Pension on early retirement 21 Disability pensions 22 Postponement of pension 23 Spousal protection 24 Failure to select pension 25 Pension adjustments 26 Division 2 Death Benefits Benefit on death before commencement of pension 27 Altemative death benefit for spouse 28 Division 3 Benefits on Termination Termination after 10 years' pensionable service 29 Termination before 10 years' pensionable service 30 Division 4 Miscellaneous Transfer of pensions under reciprocal agreements 31 Beneficiaries 32 Matrimonial property orders 33

PART 6 APPEALS Appeal to the Board 34 Appeal to the Court of Queen's Bench 35

PART 7 MISCELLANEOUS Advance against pension 36 Actuarial tables 37 Participation statement 38 Exercise of benefit choice 39 Payment of benefits 40 Liability of benefits to legal process 41 Prohibition against assignment 42 Overpayments and deficiencies 43 Retum of money 44 Retentions for default 45 Rights and obligations under former Act 46 Lieutenant Govemor in Council regulations 47 Ministerial regulations 48 Application of regulations 49

PART 8 CONSEQUENTIAL, TRANSITIONAL, REPEAL AND COMMENCEMENT Consequential 50 General transitional provisions ^^ Reduction of pension for predecessor plan benefits ^^ Repeal 53 Coming into force 54

HER MAJESTY, by and with the advice and consent ofthe Legisladve Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) "benefit" means a retirement benefit, death benefit or benefit on termination under

Part 5; (b) "Board" means the Universities Academic Pension Plan Board established by

section 5; (c) "contributions" means contributions under the Plan, and in cludes contributions under the former Act that are of a nature corresponding to those in question; (d) "current service contributions" means a participant's contri butions under

section 14(1), and includes contributions under

section 14(4); (e) "employee" means (

i) a person employed by an employer as an academic staff member on a full-time continuous basis, including the Presi dent of an employer institution, (ii) any other person who is employed by an employer under a contract of service and satisfies the criteria prescribed for the purposes of this subclause, or (iii) any other person prescribed to be an employee of an employer, but does not include (iv) a person to whom the Teachers' Retirement Fund Act applies, or (

v) any other prescribed person; (f) "employer" means any board, interim governing body or goveming authority of a university under the Universities Act or The Govemors of the Banff Centre for Continuing Education; (g) "former Act" means the Universities Academic Pension Act; (h) "Lethbridge Plan" means (

i) The University of Lethbridge Academic Staff Pension Plan in effect from July 1, 1967 to July 1, 1978, respecting aca demic staff members of The University of Lethbridge, and (ii) with respect to academic staff members who transferred from the academic staff of the Lethbridge Community Col lege to the academic staff of The University of Lethbridge on July 1, 1967, the pension plan in effect at the Lethbridge Community College before July 1, 1967; (i) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in Council with the admin istration of this Act;

(j) "normal pensionable age" means a person's age at the normal pensionable date specified in

section 12; (k) "participant" means a person who is a participant ofthe Plan by virtue of

section 11; (1) "pension" means a pension under the Plan; (m) "pensionable service" means service in respect of which con tributions have been made under

section 14 or 16; (n) "Plan" means the pension plan continued by

section 2 as the Universities Academic Pension Plan; (o) "prescribed" means prescribed or otherwise provided for by regulations made by the Lieutenant Govemor in Council or, where so specified, by the Minister; (p) "prior service" means any service other than that for which current service contributions are made; (q) "reciprocal agreement" means a reciprocal or any other agreement entered into under

section 31(2), and includes an order under

section 31(3); (r) "Retirement System" means the Retirement System of The University of Alberta in effect at The University of Alberta before the adoption ofthe University of Alberta Plan on August 1, 1964; (s) "salary" means (

i) an employee's gross basic pay for the performance of the regular duties of his employment, excluding, except as pre scribed by the Minister, any expense allowance, overtime payment, special remuneration or other similar compensa tion, or (ii) in the case of an employee falling within a prescribed class of employees, the pay or deemed pay prescribed in re spect of that class as salary; (t) "service" means a period, being before a person's normal pen sionable age, during which a person is or was employed by an employer, a party to a reciprocal agreement, a public body in Canada or a body in Canada approved by the Minister, or em ployed in the field of teaching or research at a college or univer sity in Canada or employed as a teacher in Canada, and includes (

i) a period of service in the Canadian or allied forces, or in a merchant navy serving the Canadian or allied cause, during Worid War II or the Korean Conflict, (ii) a period of peacetime military service in the Canadian Forces, and (iii) any other period prescribed as service;

(u) "spouse" means (

i) a person who, at the relevant time, was married to a par ticipant or former participant and (

A) was not judicially or otherwise separated from him, or (

B) if so separated, was wholly or substantially dependent on him, (ii) if there is no person to whom subclause (

i) applies, a person of the opposite sex who (

A) lived with the participant or former participant (

I) for the 5-year period immediately preceding the relevant time, or (II) for the 2-year period immediately preceding the relevant time if there is a child bom to that person and the participant or former participant, and (

B) was, during that period, held out by the participant or former participant in the community in which they lived as his consort, or (iii) if there is no person to whom subclause (

i) or (ii) applies, a person who was married to but separated from the partici pant or former participant and not dependent on him at the relevant time; (v) "University of Alberta Plan" means the Academic Pension Plan of The University of Alberta in effect from August 1, 1964 to July 1, 1978 respecting academic staff members of The Uni versity of Alberta, The University of Calgary and The Banff Centre for Continuing Education.

(2) The Lieutenant Govemor in Council may, for the purposes of this Act, by regulation define any expression used in this Act but not defined, and the expression has the meaning so defined. Universities Academic Pension Plan The Plan 2 The pcusion plan provided for by and under the former Act is continued, subject to this Act and the regulations, as the Universities Academic Pension Plan. PART1 ADIVIINISTRATION Division 1 The Minister Administration ofthe Plan Report to the Legislative Assembly 3 The Minister shall administer the Plan. 4(1) The Minister shall prepare and lay before the Legislative As sembly a report on the operation of the Plan with respect to each fiscal year.

(2) The report must include a statement of the most recent estimate by the Minister of the actuarial liabilities of the Plan.

Eslablishmenl, composition, term of office, etc. Chairman and vice-chairman Support services Objects of thc Board Advisory functions of the Board

(3) The Minister shall conduct an estimate ofthe actuarial liabilities of the Plan at least once every 5 years. Division 2 The Universities Academic Pension Plan Board 5(1) There is hereby established a board known as the Universities Academic Pension Plan Board.

(2) The Board shall consist of not fewer than 6 persons appointed members of the Board by the Lieutenant Govemor in Council, being (

a) the chairman, (

b) an even number of not fewer than 4 and not more than 10 persons appointed in equal proportions from among persons nominated by (

i) the employers, and (ii) the academic staff associations of the employers, and (c) 1 or more other persons.

(3) A member ofthe Board holds office for the term fixed in relation to him by the Lieutenant Govemor in Council.

(4) The Minister may prescribe the remuneration and expenses to be paid to members of the Board.

(5) The Board may make mles respecting the calling of and the con duct of business at its meetings. 6(1) The Lieutenant Govemor in Council shall designate one ofthe members of the Board to be the chairman and another member to be the vice-chairman of the Board.

(2) The vice-chairman shall act as chairman when the office of chair man is vacant or when the chairman is absent or unable to act. 7 The Minister shall provide such supplies, services and accorn- modation as he considers necessary to enable the Board to fulfil its objects. 8 The objects of the Board are (

a) to conduct the hearing of appeals under

Part 6; (

b) to provide advice to the Minister under

section 9; (

c) where appropriate, to extend time limits and treat benefit choices as revoked under

section 10; (

d) to exercise and perform any other powers and duties assigned to it by this Act and the regulations; (

e) to perform any other duties relating to the Plan that are as signed to it by the Minister. 9 The Board may advise the Minister respecting any matters relat ing to the Plan, including (

a) the adequacy of contributions to meet benefits.

limits, etc. (

b) adjustments to pensions under

section 26, (

c) rates of interest for the purposes of the Plan, (

d) benefits, (

e) reciprocal agreements, (

f) recognition of prior service, (

g) eligibility and participation in the Plan, and (

h) the actuarial tables prescribed or to be prescribed by the Min ister. Board's power 10(1) Where to extend time (

a) a person fails to meet a time limit under the Plan, (

b) the failure will or could result in a person's obtaining different benefits than those he would have obtained had the time limit been met, and (

c) the Board is satisfied that the failure results from circum stances that import no material fault on the part of that person, the Board may, on application to it, extend the time limit.

(2) Where (

a) the circumstances set out in subsection (l)(a), (

b) and (

c) apply, (

b) the benefit has been received or has commenced to be paid, and (

c) the Board is satisfied that a choice, including a deemed choice, that would otherwise be irrevocable under

section 39(2) could materially prejudice the best interests of the recipient or his de pendants, the Board may, on application to it, treat that choice as revoked, extend the time limit for making the choice and order any conse quential adjustments in the benefits.

(3) Where (

a) a benefit choice has been made, and (

b) the Board is satisfied that (

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

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

PART 2 PARTICIPATION The participants 11(1) Subjcct to this scction and any prescribed modifications and conditions, all employees are to participate in the Plan. (2) Subsection (1) does not apply to an employee (

a) who has attained normal pensionable age, (

b) who, (

i) by reason of age, cannot accrue 5 years' pensionable ser vice, or (ii) by reason of age, could accme 5 years' pensionable ser vice only if he had prior service recognized and does not undertake, within such period after commencing his current service as is prescribed by the Minister, to have that prior service recognized, (

c) who is in receipt of a pension in respect of his own pension able service, or (

d) who falls within any class of employees prescribed as being excepted from the Plan. Normal pensionable date Disposition of contributions Participant current service contributions 12 A person's normal pensionable date, for the purpose ofthe Plan, is (

a) June 30 immediately following attainment of the age of 65 years for persons whose appointment date was on July 1, 1966 or later, or (

b) August 31 immediately following attainment of that age for persons whose appointment date was before July 1, 1966.

PART 3 CONTRIBUTIONS 13 All contributions shall be made and remitted to the Provincial Treasurer for disposition under the Pension Fund Act. 14(1) Subject to this section, a participant shall, at the intervals pre scribed by the Minister, make contributions at the rate of 6% of his salary.

(2) Current service contributions are not to be made after a partici pant has accumulated 35 years of pensionable service.

(3) An employer or any other person who pays a participant's salary is liable for the remittance of the current service contributions, for which purpose he may withhold those contributions from the salary payments.

(4) An employer shall, on behalf of a participant, make contributions for the purposes of subsection (1) in such circumstances as are pre scribed. 8

Employer contributions 15(1) Except as prescribed, as long as and at the same time as current service contributions are being made, the participant's employer shall make contributions at the rate of 7% of the participant's salary.

(2) An employer shall make such contributions in respect of prior service as are prescribed.

(3) This

section does not prevent an employer from entering into an agreement with another person providing that all or part ofthe em ployer contributions under subsection (1) are to be paid by that per son on the employer's behalf

PART 4 PENSIONABLE SERVICE Computation of 16(1) Subjcct to this scctiou, in computing the length of pensionable sei'l'icT^'''^ service that a person accumulated, the following periods of service, not exceeding 35 years in aggregate, are the periods to be taken into account: (

a) service with an employer in respect of which current service contributions have been made; (

b) any period established as pensionable service under the Uni versity of Alberta Plan, the Retirement System or the Lethbridge Plan by a person who was a member ofthe University of Alberta Plan or the Lethbridge Plan on July 1, 1978; (

c) where the contributions required by subsection (2) have been made and the terms and conditions prescribed in relation to the service in question have been satisfied, (

i) prior service with an employer, (ii) service that is recognized as pensionable service and is transferred into the Plan under a reciprocal agreement, (iii) service that would be pensionable service but for subsec tion (4), (iv) service that a deceased referred to in

section 28 could, when alive, have had taken into account as pensionable ser vice on payment of the required contributions, and (

v) any other service.

(2) Contributions for service described in subsection (l)(

c) shall be made in the amount and on the terms and conditions prescribed in relation to the service in question.

(3) Except as prescribed and subject to subsection (l)(b), service that is recognized as pensionable under any other pension plan under which a person is or will be entitled to receive or is receiving pension benefits may not be taken into account as pensionable service.

(4) Service in respect of which contributions made have been re tumed may not be taken into account.

(5) For the purposes of subsection (1), the regulations may treat only part of the service referred to in that subsection as counting towards a person's pensionable service.

PARTS BENEFITS

Definitions Pension on retirement at normal [)ensionable i 17 In this Part, (a) "actuarially equivalent" means equivalent in accordance with the appropriate actuarial tables prescribed by the Minister; (b) "employee contributions" means (

i) current service contributions, (ii) any contributions for prior service made by a participant, (iii) any part of a sum transferred into the Plan under a re ciprocal agreement that is recognized by the Minister as em ployee contributions, and (iv) any contributions made under

section 16(2) for service described in

section 16(l)(c)(iii) that are recognized by the Minister as employee contributions; (c) "matrimonial property order" means a matrimonial property order within the meaning of the Matrimonial Property Act, or a similar order enforceable in Alberta of a court outside Alberta, that affects the payment or distribution of a person's benefits; (d) "normal pension" means a pension in the amount receivable under

section 18(2) and in the form specified in

section 18(3). Division 1 Retirement Benefits 18(1) In this section, "pensionable salary" means (

a) in the case of a person whose service includes at least 5 years' service with an employer, his average annual salary in the 5 con secutive years of (

i) his pensionable service, and (ii) any further service that would be pensionable service but only for its exceeding the 35-year aggregate limit referred to in

section 16(1), with an employer over which his average salary was the highest, or (

b) in the case of any other person, such amount as is prescribed by the Minister.

(2) A participant who (

a) attains normal pensionable age, and (

b) has accumulated at least 5 years' pensionable service, becomes entitled to receive a pension in an annual amount equal to 2% of his pensionable salary multiplied by the number of years of his pensionable service. 10

(3) A pension under subsection (2) is payable for the life ofthe pen sioner or the term of 15 years, whichever is the longer. Alternative 19(1) A pcrson is entitled, as an altemative to taking a pension in forms of pension ^j^g f^^m Specified iu

section 18(3), to select a form of pension from one of the following: (

a) a single life pension, payable only for the life ofthe pensioner; (

b) a guaranteed term pension, payable for the term selected by him of 5, 10 or 20 years or the life ofthe pensioner, whichever is the longer; (

c) a joint life pension, payable during the joint lives ofthe pen sioner and a nominee designated by him and which, after the death of either, continues to be payable (

i) in the same amount as the amount payable before the death, (ii) in the amount of % of it, or (iii) in the amount of Vi of it, to the survivor for his life.

(2) As a further altemative, the Minister may, on the application of the person entitled, allow that person to select a pension in a form not described in subsection (1) but that the Minister considers is best suited to the person's circumstances.

(3) Where an altemative form of pension is selected under subsec tion (1) or (2), the pension shall be in an amount that is actuarially equivalent to the pension to which it is an altemative.

(4) The term under a guaranteed term pension under the Plan may not end later than the day before the pensioner's 86th birthday. Co-ordination of 20 Notwithstanding anything in the Plan, in the case of pensions w'idfc.Rp"and' commcncing before the age of 65 years, the Minister may prescribe bases for co-ordinating pensions with the estimated Canada Pension Plan retirement pension and Old Age Security benefit on an actuarial equivalency basis. O.A.S. Pension on early retirement Disability pensions 21 A participant who (

a) ceases to be an employee on attaining or having attained the age of 55 years but not normal pensionable age, and (

b) has accumulated at least 10 years' pensionable service, becomes entitied to receive a normal pension or a benefit referred to in

section 29(b). 22(1) Subject to subsection (3), a person who, before attaining the age of 55 years, (

a) has accumulated at least 10 years' pensionable service, (

b) satisfies the Minister as to his total mental or physical inca pacity for gainful employment, and 11

(

c) either Postponement of pension Spousal protection (

i) ceases to be an employee and a participant as a result of that incapacity, or (ii) had elected to receive a deferred pension under

section 29(d), becomes and, subject to regulations under

section 47(1 )(i), is entitled to receive a normal pension.

(2) Subject to subsection (3), a person who, before attaining the age of 55 years, (

a) has accumulated at least 10 years' pensionable service, (

b) satisfies the Minister that he (

i) has become incapable of effectively performing his regular duties as a result of his mental or physical incapacity, and (ii) is not wholly incapacitated from entering into gainful em ployment, and (

c) either (

i) ceases to be an employee and a participant as a result of that incapacity, or (ii) had elected to receive a deferred pension under

section 29(d), becomes and, subject to regulations under

section 47(1 )(i), is entitled to receive a pension in the form of a normal pension and in an amount that is actuarially equivalent to the normal pension that would be payable to him if his age were 55 years.

(3) A person is not entitled to receive any pension if he is receiving benefits under a disability plan that satisfies the criteria prescribed for disability plans and is filed with the Minister. 23(1) A person who is to receive a pension under

section 18, 21 or 29(

d) may postpone commencement of his pension to any date up to his attaining the age of 70 years.

(2) When a pension that was postponed becomes payable, it shall be in the form of a normal pension and in an amount that is actuarially equivalent to the normal pension or the pension in the form of a normal pension that would have been payable had the postponement not been made. 24(1) In this section, (a) "pensioner" includes a prospective pensioner; (b) "spouse" means the person, if any, who is or was the spouse of a pensioner at the time (

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

section 25, or 12

Failure to select pension Pension adjustments Benefit on death before commencement of pension (ii) if he does not make that choice, when he is deemed under that

section to have chosen the pension mentioned in that section.

(2) Notwithstanding anything in this Act except subsection (3), a person who is to receive a pension and who has a spouse shall be deemed for the purposes of the Plan to have chosen a joint life pension referred to in

section 19(l)(c)(ii) with the spouse as the des ignated nominee. (3) Subsection (2) does not apply where (

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

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

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

section and waiving those rights, and (

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

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

section 19(l)(c)(

i) or (ii) with the spouse as the designated nomi nee. 25 Where a person who is entitled to a choice of pensions is re quested in writing by the Minister to make the choice and he fails to do so within 3 months after the request is sent, he shall be deemed for the purposes of the Plan to have chosen a pension in the form of a normal pension. 26(1) Notwithstanding anything in this Act, the Lieutenant Gover nor in Council may by regulation, for the purpose of maintaining approximate parity with the cost of living, make adjustments in the amounts payable as pensions.

(2) No adjustment under subsection (1) may reduce a person's pen sion to an amount below that to which the Plan, apart from that subsection, entitles him. Division 2 Death Benefits 27 Where a person, other than a pensioner, who has employee con tributions in the Plan that have not been retumed to him dies, an amount equal to the aggregate of the unretumed employee contri butions and contributions made by the employer in respect of him, with interest, shall be (

a) paid to his surviving spouse, or (

b) if he has no spouse surviving him, paid to the person entitied to receive any benefit on his death. 13

Altemative death 28 Where the deceased had accumulated at least 10 years' pension- benefit for spouse ^j^jg scrvicc and had a surviving spouse entitled to payment under

section 27, his spouse may elect to be paid, instead of the payment under

section 27, (

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

section 22(1) and had been entitled to exercise and had exercised the option described in

section 19(l)(c)(

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

b) subject to

section 19(4), a pension, payable for the term se lected by the spouse of 5, 10, 15 or 20 years or the life ofthe spouse, whichever is the longer, that is actuarially equivalent to the pension provided for under clause (a). Termination after 10 years' [)ensionable service Termination before 10 years' pensionable scrvicc Division 3 Benefits on Termination 29 Where a participant who has accumulated at least 10 years' pen sionable service ceases to be an employee before he becomes entided to receive a pension, he may choose (

a) to receive an amount equal to the employee contributions not previously retumed to him, with interest, (

b) to have the amount specified in clause (a), together with any other money that is transferable under a reciprocal agreement, transferred to a pension plan that is accepted for registration under the Income Tax Act (Canada) and operated by the other party to the agreement, (

c) to have the amount specified in clause (a), together with any contributions made by the employer in respect of him, with in terest, transferred to a retirement savings or pension plan that is accepted for registration under that Act, or (

d) to receive, when he attains the age of 55 years, a normal pension. 30 Where a participant who has accumulated less than 10 years' pensionable service ceases to be an employee before he becomes entitled to receive a pension, he may elect to receive the benefit specified in

section 29(a), (

b) or (c). Transfer of pensions under reciprocal agreements Division 4 Miscellaneous 31(1) The Lieutenant Govemor in CouncU may prescribe conditions goveming the provisions to be included in or excluded from recip rocal agreements or particular reciprocal agreements entered into or made after the commencement ofthis section, and the Minister shall ensure that those reciprocal agreements comply with those condi tions.

(2) The Minister may enter into a reciprocal or any other agreement with any college, university, govemment, local authority within the 14

meaning of the Local Authorities Pension Plan Act or other public body, or any private body, any of whose workers is subject to a pension plan, for the purposes of enabling the transfer of pension entitlements between the Plan and any such plan.

(3) Where the Govemment is responsible for the other pension plan, the Minister may make an order dealing with any subject-matter that could be dealt with under an agreement with another party under subsection (2).

(4) The Regulations Act does not apply to an order under subsection (3).

(5) An agreement entered into under subsection (2) is not invalid by reason only of its failing to comply with the conditions prescribed under subsection (1). Beneficiaries 32(1) Any pcrsou ou whosc death a benefit is payable is a participant for the purposes of

section 47 of the Trustee Act.

(2) Where a person designates a person to receive a benefit payable on his death, whether beneficially or in a representative capacity, or revokes a designation so made, the designation or revocation may be filed with the Minister.

(3) Where a person designates his estate as being entitled to receive a benefit payable on his death, or makes a designation using words indicative of his estate or of the representative capacity of his per sonal representative, he shall be deemed to have designated the per sonal representative of his estate in his representative capacity.

(4) Where (

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

b) after his death but before any payment is made under sub section (5), there is filed with the Minister a valid revocation by him of a designation filed with the Minister and no valid designation is filed with the Minister before any such payment is made, the person entitled to receive any benefit payable on his death is the deceased's spouse, if he is survived by a spouse, or the personal representative of the deceased's estate, if there is no surviving spouse.

(5) When a benefit is paid to a surviving spouse or the personal representative of an estate by virtue of the operation of subsection (4), the payment is validly made as against the Govemment notwith standing that a designation is filed under the Plan after the payment is made, and the person who would have been entitled under the designation has no right to any benefit as a result ofthe designation.

(6) Where a benefit is paid by virtue of the operation of subsection (4), the Board may not exercise its powers under

section 10 in rela tion to a designation that was not filed before the payment.

(7) A benefit paid on the death of any person otherwise than to the personal representative of a deceased's estate is not part ofthe estate of the deceased and is not subject to the claims of his creditors. 15

Matrimonial property orders

(8) The right of any person under

section 47 of the Trustee Act or this

section to a benefit is subject to any rights given by Division 1 or 2 to any other person. 33 Subject to

section 41, the right of any person to receive a benefit is subject to the rights of a spouse or former spouse of his arising under a matrimonial property order. Appeal to thc Board

PART 6 APPEALS 34(1) A party aggrieved by a decision of the Minister under or in relation to Parts 2 to 5 or the prescribed provisions ofthe regulations, other than a decision under

section 31 or one that could be the subject-matter of an application under

section 10, may appeal against that decision to the Board.

(2) A party wishing to appeal to the Board under this

section must serve the chairman of the Board with a notice of appeal in the form prescribed by the Minister within 30 days of being notified in writing of the decision appealed against or within such longer period as the Board may, on application, allow.

(3) The notice of appeal must specify the decision appealed against and the grounds of appeal.

(4) The Board may identify persons who may be interested in the appeal and may give directions as to the persons to be served with the notice of appeal, whether or not they are parties.

(5) For the purposes of conducting an appeal under this section, the Board (

a) has all of the duties, powers, privileges and immunities given to a commissioner appointed under the Public Inquiries Act by sections 3, 4, 7 and 9 of that Act, and (

b) shall be deemed to be a person for the purposes of

section 1 (

a) of the Administrative Procedures Act.

(6) The Board may confirm, vacate or vary the decision appealed against.

(7) The Board shall serve the appellant and persons who received a notice of appeal with a copy of its decision, including the reasons for the decision. Appeal to 35(1) A party aggrieved by a decision ofthe Board under

section 34 Quecn'"s'Bcnch may, withiu 30 days of the date of service of the Board's decision on him or such longer period as the Court may allow, appeal to the Court of Queen's Bench on a question of law or jurisdiction.

(2) The procedure in an appeal to the Court of Queen's Bench shall be the same as that provided in the Alberta Rules of Court for ap plications by originating notice.

(3) The Court of Queen's Bench, on hearing the appeal, may cori- firm, vacate or vary the decision of the Board or make any order it considers just. 16

Advance agamst pension

PART 7 MISCELLANEOUS 36(1) Where there is a delay in processing a pension beyond 30 days from the effective date of the commencement of the pension, the Provincial Treasurer may advance money to the pensioner against the pension.

(2) An advance under subsection (1) does not constitute the com mencement of pension payments for the purposes of this Act. Actuarial tables 37 The actuarial tables to be used for the purposes of the Plan or for particular provisions ofthe Plan are those prescribed by the Min ister.

Participation statement Exercise of benefit choice Payment of benefits Liability of benefits to legal process Prohibition against assignment Overpayments and deficiencies 38 The Minister shall, once in each year, provide each participant with a statement containing the information prescribed by the Min ister about the participant's participation in the Plan. 39(1) A person wishing to exercise a choice in relation to a benefit must do so by giving written notice to the Minister indicating the choice.

(2) Subject to

section 10(2) and (3), a choice made, including a choice deemed to be made, in relation to a benefit is irrevocable when, and is not irrevocable until, the benefit is received or commences to be paid. 40 The payment of all benefits is guaranteed by the Govemment. 41 A person's interest in a benefit is not subject to garnishee pro ceedings, attachment, seizure or any legal process, except pursuant to

section 45 or in respect of a failure to account for public money within the meaning of the Financial Administration Act. 42 A person may not assign his interest in a benefit. 43 Any overpayment of benefit paid or underpayment of contribu tion payable is recoverable by the Provincial Treasurer, with interest, as a debt due to the Govemment.

Return of money Retentions for default 44 If the Minister finds that a person paid a contribution that was not, or was in excess of what was, payable, the Minister shall repay the contribution or the excess, with interest. 45(1) The Provincial Treasurer may withhold from any benefit pay able a sum sufficient to meet any amount by which the person en tided to the benefit is indebted under the Plan to the Govemment or an employer.

(2) The Provincial Treasurer may withhold from any grant payable to an employer under any other Act or any regulation a sum sufficient to meet any amount by which the employer is in default or which he is liable to remit to the Provincial Treasurer under this Act, together with any interest or penalty due on it.

(3) The Provincial Treasurer shall apply any money withheld under this

section in satisfaction of the debt or liability to the Govemment 17

or, as the case may be, pay it to the employer for application in satisfaction of the debt or liability to the employer. Rights and 46(1) No pcTsou is entitled to any benefit or other right provided for fo^rmcr'Ac't""''" by OT undcr the former Act or the University of Alberta Plan, the Retirement System or the Lethbridge Plan except in so far as the benefit or right is provided for by or under this Act. (2) Subsection (1) does not affect the amount of any benefit payment of which commenced before the commencement of this section.

(3) A person who was in receipt of a pension immediately before the commencement of this Act continues, subject to this Act and the regulations, to be entitled to receive that pension.

(4) No rights or benefits provided for either expressly or by impU cation under Parts II and V of the University of Alberta Plan are affected or terminated by this Act. Lieutenant Govemor in Council regulations 47(1) The Lieutenant Govemor in Council may make regulations (

a) respecting the manner in which benefits are payable, includ ing the commutation of pensions; (

b) respecting the allowing of interest, except for overdue benefit payments; (

c) respecting the charging of interest, except for overdue contri butions; (

d) respecting rates of interest; (

e) modifying the participation in the Plan of any class of person whose circumstances or aspects of whose circumstances do not appropriately lend that class to full participation in the Plan, or modifying the Plan or any part of the Plan as it applies to them; (

f) respecting the suspension of pensions of persons who are en gaged to work for an employer or a former or successor employer and the treatment of those persons for the purposes of the Plan, including the linkage of the separate periods of pensionable ser vice and the repayment of amounts received as pension, with interest, and making different provision under this clause de pending on whether or not the pensioners have attained normal pensionable age; (

g) respecting the suspension of pensions where relevant evi dence required by or under regulations under

section 48(

h) or (

i) is not submitted; (

h) respecting disability plans and their filing with the Minister; (

i) respecting the upgrading of partial disability pensions where the disability increases and the reduction or elimination of total or partial disability pensions where the disabdity decreases or terminates; (

j) prescribing the death benefit payable where a person who is entided to a pension, or who would be so entitled but for its 18

Ministerial regulations Application of regulations postponement, dies before making a choice as to the form of pension to be taken; (

k) respecting the treatment for the purposes of the Plan of re funds from Canadian Govemment Annuities representing con tributions made to the Retirement System; (1) prescribing any matter or thing that by this Act may or is to be prescribed by the Lieutenant Govemor in Council.

(2) Where the Lieutenant Govemor in Council makes regulations under subsection (l)(e), the participation of a class of persons referred to in that clause shall be made as comparable to full participation in the Plan as, in his opinion, is possible having regard to the circum stances of that class. 48 The Minister may make regulations (

a) specifying times by and the manner in which contributions must be remitted; (

b) respecting the charging of interest or a penalty when contri butions are overdue; (

c) respecting the allowing of interest when benefit payments are overdue; (

d) requiring employers periodically to (

i) report to the Minister on any matters relevant to their or their employees' participation in the Plan, and (ii) submit to the Minister an independent auditor's report stating that the employers have complied with their obliga tions under the Plan during the relevant period; (

e) respecting the calculation of benefits; (

f) respecting the times that constitute the effective dates for the commencement of pensions; (

g) respecting the times when guaranteed terms of years are to be treated as commencing or continuing; (

h) respecting the submission of evidence of age, marital status, the existence or identity of a spouse, mental or physical incapac ity for gainful employment, the fact of a person's being alive or any other fact relevant to determining eligibility for a benefit or the continuation of a pension or any other matter for which evi dence is required; (

i) respecting the type of evidence required for the purposes of clause (h); (

j) prescribing any matter or thing that by this Act may or is to be prescribed by the Minister. 49(1) Regulations under this Act may be made to apply generally or with respect to particular components of the Plan.

(2) An order or regulation under or by reference to

section l(l)(

e) or (s)(i), 11, 26(1) or 31(1) is, if so provided in the order or regulation. 19

effective from a date prior to that on which it would otherwise have been effective. Consequential General transitional provisions Reduction of pension for predecessor plan benefits

PART 8 CONSEQUENTIAL, TRANSITIONAL, REPEAL AND COMMENCEMENT 50(1)

Part 3 ofthe

Schedule to the Legislative Assembly Act is amended by striking out "Universities Academic Pension Board" and substi tuting "Universities Academic Pension Plan Board".

(2) Section 5(l)(

f) of the Pension Fund Act is amended by adding "Plan" after "Pension".

(3) Section l(l)(e)(iii) ofthe Public Service Management Pension Plan Act is amended by adding "Plan" after "Academic Pension".

(4) The Public Service Pension Plan Act is amended (

a) in

section l(l)(e)(iv) by adding "Plan" after "Academic Pen sion "; (

b) by repealing

section 51(14).

(5) The Teachers' Retirement Fund Act is amended (

a) by repealing sections 22 and 23; (

b) by adding the following after

section 51: 52 A university teacher who, immediately before the com mencement of

section l(l)(e)(iv) ofthe Universities Academic Pension Plan Act, was contributing to the Fund shall continue thereafter to contribute to it and this Act continues to apply to him as if sections 22 and 23 of this Act had not been repealed. 5^(

l) The Universities Academic Pension Board shall transfer to the Minister all the documents that were in its possession under the for mer Act. and documents filed with that Board shall be deemed for the purposes ofthis Act to have been filed with the Minister

(2) An order regulation or resolution made by the Universities Aca demic Pension Board under the former Act shall, to the extent that it can be made applicable to and is consistent with this Act, be deemed to be a regulation under this Act until it is replaced by an equivalent regulation under this Act.

(3) Notwithstanding

section 31 or anything to the contrary in this Act, subsisting reciprocal agreements entered into under the former Act are valid according to their terms until rescinded in so far as they are not varied by a reciprocal agreement under that section. 52(1) Notwithstanding

Part 5, where a period was recognized as pen sionable service for pension benefits purposes under the Retirement System or the Lethbridge Plan and that service is counted as pension able service under this Act, the pension payable under this Act shall be reduced, according to the formula and in the amount determined 20

by the Minister, by the amount of any pension benefits payable under the Retirement System or the Lethbridge Plan.

(2) Benefits arising under the former Act from a waiver benefit under a disability plan may be deducted, according to the formula and in the amount determined by the Minister, from a pension payable under this Act.

(3) Notwithstanding

section 46(4), pension payments being made under

Part I or annuity payments being made under Parts 11, III and V of the University of Alberta Plan as at June 30, 1978 shall be deemed to be pensions payable under the Plan and are payable in accordance with the terms ofthe type of pension or annuity chosen at the time the pension or annuity payments commenced under the University of Alberta Plan.

(4) Notwithstanding subsection (3), persons in receipt of a pension pursuant to

section 38(3) of the former Act immediately before the commencement of this

section shall continue to receive that pension under the Plan.

(5) Section 26 applies to pensions and annuities payable under this section. Repeal 53 The Universltles Academic Pension Act is repealed. Coming 54 This Act comes into force on Proclamation. into force 21 Title: 1985 (20th, 3rd) Bill 46, Universities Academic Pension Plan Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3384
Type	bill
Volume / chapter	L20 S3 3384
Language	en
Format	json
Source	PROVINCIAL
Identifier	5b593e65a04ea18bf2fa1054539c1be21216a375

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