Public Sector Pension Plans (Legislative Provisions) Regulation (Alta. Reg. 365/1993)

Alta. Reg. 365/1993

Alberta — Regulations

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 136/2025) ALBERTA REGULATION 365/93 Public Sector Pension Plans Act PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION Table of Contents

Part 1 General Provisions 1

Interpretation 2

Interpretation in rel ation to plan rules 3 Application 3.2 Application of EPPA provisions to active Plans 3.3 Application of EPPA to all Plans 5 Term of office o f Board members 6 Internal Board rules 7 Chair and vice-chair of Board 7.1 Remuneration 8 Expenses of Board members 8 . 1 Indemnification 8.2 Indemnification of Investmen t Committee (if any) members 9 E m p l o y e r’s report 1 1 Minister in relation to EPPA 1 2 Beneficiaries 1 4 Liability of benefits to legal process 1 5 Liability of Crown a nd prohibition against extra-statutory benefits or remedies 1 6 Rights and obligations under former Act

Part 2 Transfers Between Plans 16.15 Portability arrangements between MEPP and each of LAPP, PSPP and Teachers’ Pension Plans

Part 3 Division and Distribution of Benefits on Relationship Breakdown 2 1

Interpretation 2 2 Application of this Part

AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 2 2 3 Prevalence of this

Part i n relation to benefits 2 4 Effect of family property orders 2 5 Requirements for family property orders 2 6 Division and distributio n of benefits generally 2 7 Total entitlement 2 8 Total pre-division benefit 2 9 Non-participant pension partner ’s share 3 0 Distribution of non-parti cipant pension partner’s share 3 1 Adjustment of participant pension partner ’s benefit 3 2 Bar against further claims 3 3 Disclosure of information 3 4 Application to Court for clarification, etc. 3 5 Assignment and protectio n from execution, etc. 3 6 Fees 3 7 Filing of documents with Minister

Schedule 5 Management Employees Pension Plan - Specific Provisions

Part 1 General Provisions 1

Interpretation 2 Application 2.1 Application of plan rules from prior date 3 Composition of Board 3.05 Internal Board rules — quorum and resolutions 4 Current service contribution rates 4.1 Employer’s periodic report

Part 2.1 Exit of Alberta Treasury Branches 24.1 Application 24.2 General

definitions 24.3 Required characteristics of other plan 24.4 Employees, etc. exit 24.5 Effect of exit 24.6 Information and disclosure 24.7 Completion of purchases of service 24.8 Exit costs 24.81

Definitions for calculation purposes 24.82 Amount of assets for transfer 24.83 Order in Council effectuating transfers 24.84 Nature of assets to be transferred

Section 1 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 3 24.85 Refund of excess contributio ns less benefit payments 24.9 Indemnification 24.91 Transfer of documents and records 24.92 References in family property orders 24.93 Liability for benefits 24.94 Extinguishment of rights

Schedule 6 Public Service Management (Closed Membership) Pension Plan Provisions 1 Pension suspension 2 Spousal and pension partner references

Part 1 General Provisions

Interpretation 1(1) In this Part, (a) “employee nominee” has th e meaning assigned to it in

section 1(

a) of

Schedule 5; (b) “employer nominee” has th e meaning assigned to it in

section 1(

b) of

Schedule 5; (

c) repealed AR 144/2001 s3.

(2) Interpretation provisions in the applicable plan rules apply with respect to the

interpretation of this Regulation, as this Regulation relates to the Plan in question. AR 365/93 s1;144/2001;8/2019

Interpretation in relation to plan rules 2 To enhance the readability of all the plan rules and the Schedules to this Regulation and the capacity for cross-referencing, (

a) provisions in different plan rules and Schedules to this Regulation that are identical or similar or that correspond to each other as they relate to different pension plans, and (

b) provisions in Subdivisions A and B of the Divisions of

Part 5 of the plan rules that are identical or similar or that correspond to each other, as they relate to different periods of time,

Section 3 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 4 are given identical or almost identical enactment numberings and letterings, even if this means breaking the normal sequential numbering and lettering system for regulations. Application 3(1) This Part applies to the pension plan referred to in

section 1(

e) of the Act.

(2) The Schedules to this Regulation contain provisions that are each unique to the pension plan dealt with. AR 365/93 s3;144/2001;383/2003;8/2019 3.1 Repealed AR 8/2019 s6. Application of EPPA provisions to active Plans 3.2(1) For the purposes of applying the plan rules under

Schedule 5 of the Act, (a) “funding requirements” means the minimum funding requirements, but excluding any requirements for the funding of solvency deficiencies, of the Employment Pension Plans Act (RSA 2000 cE-8) and the Employment Pension Plans Regulation (AR 35/2000), as that legislation was in force immediately before the commencement of

section 160(3) of the Employment Pension Plans Act (SA 2012 cE-8.1); (b) “solvency deficiencies” mea ns a solvency deficiency (as it relates to a defined benefit component within the meaning of and calculated according to the Employment Pension Plans Regulation (AR 35/2000) under the Employment Pension Plans Act (RSA 2000 cE-8) as that legislation was in force immediately before the commencement of

section 160(3) of the Employment Pension Plans Act (SA 2012 cE 8.1). AR 154/2014 s166;8/2019 Application of EPPA to all Plans 3.3 For the purposes of

section 6(3)(

a) of Schedules 5 and 6 of the Act, the assets of the plan fund are to be invested in accordance with the Employment Pension Plans Act (SA 2012 cE-8.1) and the regulations under it. AR 154/2014 s166;8/2019 4 Repealed AR 242/97 s2.

Section 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 5 Term of office of Board members 5(1) Subject to subsection (2), a member of a Board holds office for the term fixed in relation to that member by the Lieutenant Governor in Council.

(2) A member of a Board may be removed or suspended only by the Lieutenant Governor in Council on the written recommendation of the body or of all the bodies that nominated the member or its or their successors. Internal Board rules 6(1) A Board may make rules respecting the calling of and the conduct of business at its meetings.

(2) Without limiting subsection (1), a Board may adopt a process that provides that a Board member may vote and otherwise participate in a meeting to the same extent as if personally present by means of a telephonic or other communication facility that permits all persons participating in the meeting to communicate adequately with each other during the meeting.

(3) If the process referred to in subsection (2) is properly applied, then, for the purposes of this section, there is deemed to be a meeting if there is otherwise no actual meeting at law and all the Board members who are lawfully participating by one of those means at the time the vote on the resolution is taken are deemed to be present at that time at a meeting actually or deemed to be held, as the case may be, to deal with the proposed resolution.

(4) Section 17 of the

Interpretation Act does not apply to the Boards. AR 365/93 s6;155/2012 Chair and vice-chair of Board 7(1) A Board shall elect its chair and vice-chair for a 2-year term.

(2) The offices of chair and vice-chair of a Board are to rotate every 2 years between employer nominees on the one hand and employee nominees on the other.

(3) At any one time, the offices of chair and vice-chair are to be occupied by one employer nominee and one employee nominee.

(4) The vice-chair shall act as chair when the chair is absent or unable to act.

Section 7.1 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 6 Remuneration 7.1(1) Remuneration is to be paid, as plan costs, to or on behalf of all members, including the chair, of a Board, at the rate payable under

section 1 or 2, as the case may be, of Part A of

Schedule 1 to the Committee Remuneration Order (O.C. 466/2007), as amended or replaced from time to time.

(2) Remuneration is to be paid, as plan costs, to or on behalf of all members of the Board’s Investment Committee who are not also members of the Board at the rate equal to twice the amount payable under

section 1 of Part A of

Schedule 1 to the Order in Council referred to in subsection (1).

(3) The members of the Board’s Investment Committee who are not members of the Board are entitled to be paid, as plan costs, travelling and living expenses in accordance with

section 3 of Part A of

Schedule 1 to the Order in Council referred to in subsection (1).

(4) Unless the President of Treasury Board, Minister of Finance otherwise directs the Board in writing, where remuneration is payable under this

section to or on behalf of an employee of the Crown, it belongs to the Crown and is to be paid to the President of Treasury Board, Minister of Finance. AR 100/2005 s2;68/2008;31/2012;8/2019 Expenses of Board members 8 The members of a Board are entitled to be paid, as plan costs, travelling and living expenses in accordance with the Public Service Subsistence, Travel and Moving Expenses Regulation under the Public Service Act. AR 365/93 s8;224/2000 Indemnification 8.1(1) Each Plan indemnifies a member of the respective Board for any damages or legal and other expenses incurred in defending an administrative or civil claim against that Board member.

(2) Each Plan indemnifies the respective Board for any damages or legal and other expenses incurred in defending an administrative or civil claim against that Board.

(3) Subject to subsections (1) and (2), an indemnification under this

section covers (

a) anything done by the Board member or Board, as the case may be, in good faith, or

Section 8.2 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 7 (

b) any omission on the member’s part to act provided that the member has acted in good faith generally, in the exercise and performance of the member’s or the Board’s powers, duties and functions under the Act or in relation to the respective Plan.

(4) The costs of an indemnification under this

section are to be paid from the respective plan fund.

(5) Repealed AR 293/95 s2.

(6) To the extent that the payment of damages or legal and other expenses incurred in defending any claim against the Management Employees Pension Board, or its members, is covered by the indemnity given by

section 24.9 of

Schedule 5 to this Regulation, an indemnification by this

section only applies (

a) if all remedies reasonably a vailable for the enforcement of that first-mentioned indemnity have been exhausted, and (

b) to the extent of any shortfall not recoverable under those reasonably available remedies. AR 317/94 s2;293/95;293/96;197/97;198/97;236/99; 254/99;8/2019 Indemnification of Investment Committee (if any) members 8.2(1) In addition to indemnifications under

section 8.1, each Plan that has an Investment Committee indemnifies an individual (

a) who, in the opinion of th e Board, possesses specialized skills, and (

b) who is appointed a member of the Investment Committee of that Plan’s Board by the Board, for any damages or legal and other expenses incurred in defending an administrative or civil claim against that individual.

(2) Subject to subsection (1), an indemnification under that subsection covers (

a) anything done by the individual in good faith, or (

b) any omission on that individual’s part to act provided tha t the individual has acted in good faith generally, in the performance of duties as a member of the Investment Committee.

Section 9 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 8

(3) The costs of an indemnification under this

section are to be paid from the plan fund. AR 100/2005 s3;8/2019 Employer’s report 9 The Minister may direct any employer to provide to the Minister, within the time specified in the direction, information that is required to enable the Minister to fulfil the Minister’s functions under the Act, the plan rules or this Regulation. AR 365/93 s9;116/99;8/2019 10 Repealed AR 221/2007 s2. Minister in relation to EPPA 11 The Minister, in the capacity of administrator of a Plan, is bound by those provisions of the Employment Pension Plans Act and the regulations under it that are applicable to the Plan.

Beneficiaries 12(1) Any person on whose death a benefit is payable is a participant for the purposes of

section 71 of the Wills and Succession Act.

(2) When a benefit is paid to a surviving pension partner, or the personal representative of an estate by virtue of the operation of

section 86(3) of the plan rules or

section 99, as it incorporates

section 86(3), of those plan rules, the payment is validly made as against the Plan, the Minister, the President of Treasury Board, Minister of Finance and the Crown notwithstanding 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 of the designation.

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

(4) The right of any person under

section 71 of the Wills and Succession Act to a benefit is subject to any rights given by Division 1 or 2 of

Part 5 of the plan rules to any other person. AR 365/93 s12;8/2002;100/2002;270/2002;68/2008;31/2012;8/2019 13 Repealed AR 365/93 s13.

Section 14 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 9 Liability of benefits to legal process 14 A person’s interest in a benefit is not subject to garnishee proceedings, attachment, seizure or any legal process. Liability of Crown and prohibition against extra-statutory benefits or remedies 15(1) The President of Treasury Board, Minister of Finance and the Minister shall not provide, and a person is not entitled to, any benefits or any other remedy at law or in equity relating to a benefit unless that benefit or remedy is expressly provided for in and permitted by the applicable Plan or this Regulation.

(2) An employer is not an agent of the Minister, the President of Treasury Board, Minister of Finance, the relevant Board or the Crown for any purpose connected with the Plan or this Regulation.

(3) Without limiting subsection (1) or (2), no action lies against the Minister, the President of Treasury Board, Minister of Finance, a Board or the Crown in respect of (

a) any representation made, or any other information provided, by any person to any other person in respect of benefits or other entitlements under the Plan or this Regulation, or (

b) any failure to provide any information in connection with the Plan, or to provide it on time. AR 365/93 s15;270/2002;68/2008;31/2012;8/2019 Rights and obligations under former Act 16(1) A person is not entitled to any benefit or other right provided for by or under the former Act except so far as the benefit or right is provided for by or under the Plan or this Regulation. (2) Subsection (1) does not affect the amount of any benefit payment of which commenced before the commencement of this section. 16.1 Repealed AR 270/2002 s3.

Part 2 Transfers Between Plans Portability arrangements between MEPP and each of LAPP, PSPP and Teachers’ Pension Plans 16.15(1) Pursuant to

section 12(1)(g.1) of

Schedule 5 to the Act and subject to subsection (1.1), the Minister may enter into a

Section 16.15 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 10 portability arrangement between the Management Employees Pension Plan and any of the following: (

a) the Local Authorities Pension Plan; (

b) the Public Service Pension Plan; (

c) both the Teachers’ Pension Plan and the Independent School Teachers’ Pension Plan (but not separately) for the purpose of enabling the transfer of pension entitlements with respect to an eligible participant or former participant.

(1.1) A portability arrangement under subsection (1) is to be made (

a) as between the Managemen t Employees Pension Plan and the Local Authorities Pension Plan, by an agreement between the Minister, after consulting with the Management Employees Pension Board, and the LAPP Corporation under this

section and

section 16(3)(

g) of

Schedule 1 to the Joint Governance of Public Sector Pension Plans Act, (

b) as between the Managemen t Employees Pension Plan and the Public Service Pension Plan, by an agreement between the Minister, after consulting with the Management Employees Pension Board, and the PSPP Corporation under this

section and

section 16(3)(

f) of

Schedule 2 to the Joint Governance of Public Sector Pension Plans Act, and (

c) as between the Teacher s’ Pension Plan and the Independent School Teachers’ Pension Plan (together) and the Management Employees Pension Plan, by an agreement between the Teachers’ Pension Plans Board of Trustees and the Minister under this

section and

section 58 of Schedules 1 and 2 to the Teachers’ and Independent School Teachers’ Pension Plans (AR 203/95).

(2) Repealed AR 8/2019 s6. AR 235/2005 s3;221/2007;8/2019;136/2025 16.2 Repealed AR 144/2001 s6. 16.3 Repealed AR 144/2001 s6. 16.4 Repealed AR 144/2001 s6.

Section 21 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 11 16.41 Repealed AR 144/2001 s6. 16.5 Repealed AR 144/2001 s6. 16.6 Repealed AR 144/2001 s6. 16.7 Repealed AR 144/2001 s6. 16.8 Repealed AR 144/2001 s6. 16.9 Repealed AR 144/2001 s6. 17 Repealed AR 144/2001 s6. 17.1 Repealed AR 144/2001 s6. 18 Repealed AR 144/2001 s6. 19 Repealed AR 144/2001 s6. 19.1 to 19.17 Repealed AR 150/2011 s5. 19.2 to 19.28 Repealed AR 8/2019 s6.

Part 3 Division and Distribution of Benefits on Relationship Breakdown 20 Repealed AR 154/2014 s166.

Interpretation 21(1) In this Part, (a) “Closed Management Plan ” means the pension plan referred to in

section 1(

f) of the Act; (b) “Court” means the Court of King’s Bench;

Section 21 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 12 (c) “delayed division” means a division where the distribution is to be delayed under

section 30(1)(c)(ii); (d) “division date” means (

i) where the participant p ension partner’s pension commencement occurred before the making of the family property order, the time when that order is made, (ii) where there is a delayed division, the participant pension partner’s event date, or (iii) in any other case, the end date; (e) “division factor” means the fraction constituting the proportion of the total pre-division benefit that is awarded or given to the non-participant pension partner in the family property order; (f) “end date” means the time ma rking the end of the period of joint accrual; (g) “event date” means the time (

i) as of when the participant pension partner, having terminated, is paid a lump sum or has a lump sum transferred, (ii) when the participant pension partner commences a pension, (iii) when the participant pension partner dies, or (iv) as of when the participan t pension partner transfers the pension entitlement to another registered pension plan under a reciprocal agreement or other transfer arrangement, whichever event occurs first; (g.1) “family property order” or “order” means a family property order within the meaning of the Family Property Act, or a similar order enforceable in Alberta of a court outside Alberta, that (

i) is made in respect of a participant or former participant and the participant’s or former participant’s pension partner, and (ii) affects the payment or distribution of a benefit

Section 21 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 13 and, to avoid doubt, includes a consent order of a court adopting an agreement entered into between a participant or former participant and the participant’s or former participant’s pension partner in proceedings under the Family Property Act, or similar legislation of a jurisdiction other than Alberta, providing for the division and distribution of a benefit; (h) “file” means file under

section 37; (

i) repealed AR 160/2019 s3; (j) “non-participant pension partner’s share” means the share referred to in

section 29; (k) “participant pension partner” means, in relation to the Plan, the pension partner who is or was the participant in question, and “non-participant pension partner” means the other pension partner; (l) “pension partner” means a pension partner or former pension partner (within the meaning of the rules of the Closed Management Plan (as affected by

section 2(3) of

Schedule 6) in the case of that Plan) to whom this Part applies by virtue of

section 22; (m) “pensionable age” means, i n relation to the participant pension partner and (

i) in relation to the Management Employees Pension Plan, the age of 60 years, and (ii) in relation to the Closed Management Plan, the age of 55 years; (n) “period of joint accrua l” means the period whose beginning and end are specified in the family property order in accordance with

section 25(1)(a); (o) “Plan” means the applicab le pension plan referred to in

section 22(1); (p) “plan rules” means the plan rules of the Plan in question and, in the case of the Closed Management Plan, means the rules of that Plan, as contained in

Schedule 6 to the Act, the regulations thereunder and the old plan within the meaning of that Schedule; (q) “total entitlement” means, except for the purposes of

section 33(6) and (8), the total benefit, or the value of that

Section 22 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 14 benefit, accrued to the participant pension partner, calculated in accordance with

section 27; (r) “total pre-division benefit” means the proportion of the total benefit, or the value of that proportion, that is accrued during the period of joint accrual, calculated in accordance with

section 28.

(2) For the purposes of this Part, a participant pension partner is vested at the relevant time if that person, were the person to terminate at that time, would be entitled to receive a pension immediately or in the future.

(3) Where, under this Part, a commuted value is to be paid or transferred, then in construing this

Part in relation to the Closed Management Plan, the relevant provisions in the Management Employees Pension Plan (AR 367/93) are to be treated as applying to the Closed Management Plan.

(4) Subject to subsection (3), where a term from the plan rules of the Management Employees Pension Plan applies by virtue of

section 1(2) and that term is not used in the Closed Management Plan, then, for the purposes of this Part, the term is to be treated as having the equivalent meaning under the Closed Management Plan or as close to it as the comparative contexts allow.

(5) To avoid uncertainty, for the purposes of this Part, pensionable service accumulated by the participant pension partner during the period of joint accrual includes (

a) all pensionable service th at is credited to the participant pension partner before the end date by reason of a transfer into the Plan of money under a reciprocal agreement or other transfer arrangement and that relates to service performed during the period of joint accrual, and (

b) all other prior service to t he extent that it was paid for during the period of joint accrual, but does not include any other prior service. AR 383/2003 s4;262/2006;318/2009;8/2019;160/2019;218/2022 Application of this

Part 22(1) This Part applies to all the pension plans referred to in

section 3(1) and also to the Closed Management Plan.

(2) Subject to

section 33, this Part applies with respect to the division and distribution of benefits where, as between pension partners, a family property order is filed with the Minister, and this Part applies notwithstanding any other provision of the Act, the

Section 23 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 15 regulations and the plan rules, and notwithstanding any other rule of law or equity to the contrary, except that

section 13 prevails over this Part to the extent of inconsistencies between them.

(3) This Part applies only with respect to a family property order made on or after June 24, 2003. AR 383/2003 s4;160/2019 Prevalence of this

Part in relation to benefits 23(1) Notwithstanding the Family Property Act or any other rule of law or equity to the contrary, the Court shall not make a family property order dividing or distributing a benefit or any portion of a benefit except in a manner that complies with this Part.

(2) Nothing in subsection (1) prevents the Court from distributing, under the Family Property Act, property that is not a benefit in a manner that takes account of how a benefit is to be divided or distributed in compliance with this Part. AR 383/2003 s4;160/2019 Effect of family property orders 24 Subject to this Part, the entitlement of any person to a benefit is subject to entitlements arising under a family property order filed with the Minister. AR 383/2003 s4;160/2019 Requirements for family property orders 25 A family property order must specify (

a) the beginning and end of the period that the benefit is considered to have jointly accrued for the purposes of the Family Property Act, (

b) whether or not there is to be a delayed division, and (

c) the division factor, which must not exceed 50%. AR 383/2003 s4;160/2019 Division and distribution of benefits generally 26 Benefits must be divided between the pension partners, and the non-participant pension partner’s share distributed, in accordance with this Part and, subject to the foregoing, in accordance with the applicable family property order. AR 383/2003 s4;160/2019

Section 27 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 16 Total entitlement 27 The total entitlement, to be calculated as of division date, (

a) if the participant pension partner is not then vested, is equal to the value of the participant pension partner’s employee contributions, (

b) if the participant pension partner has already commenced to receive a pension, is the pension itself, (

c) if the non-participant pension partner is entitled to choo se and chooses a delayed division, is the commuted value of the participant pension partner’s pension or the value of any other benefit as at the event date, and includes the employee contribution excess, if any, or (

d) if the participant pension partner is then vested and has not yet commenced to receive a pension and the non-participant pension partner is not entitled to or does not choose a delayed division, is equal to the commuted value of the pension, calculated as if the participant pension partner had terminated at the end date and on the assumption that the participant pension partner will commence to receive the pension (

i) if pensionable age ha s not yet been reached, at pensionable age, or (ii) if pensionable age ha s already been reached, (

A) on the date mentioned in the family property order, if such a date is so mentioned, or (

B) if not so mentioned, on the day following the day on which the order is made. AR 383/2003 s4;160/2019 Total pre-division benefit 28 The total pre-division benefit is to be calculated, as of the division date, according to the following formula: D CBA  where A = the total pre-division benefit B = the total entitlement

Section 29 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 17 C = the aggregate of all the pensionable service accumulated by the participant pension partner in the period of joint accrual D = the participant pension partner’s total pensionable service. AR 383/2003 s4 Non-participant pension partner’s share 29(1) The non-participant pension partner’s share is to be calculated as the total pre-division benefit multiplied by the division factor.

(2) Where the non-participant pension partner’s share is paid or transferred after the division date, interest is to be paid on it or it is to be re-computed in the same manner as the plan rules require, where applicable, in the case of a benefit paid or transferred after termination. AR 383/2003 s4 Distribution of non-participant pension partner’s share 30(1) The non-participant pension partner’s share shall, (

a) if the participant pension partner was not vested at the end date, and at the non-participant pension partner’s option, either be paid as a lump sum or transferred to a retirement savings vehicle belonging to the non-participant pension partner, (

b) if at the end date the participant pension partner was vested but was not yet within 10 years of pensionable age and has not yet commenced to receive a pension, be transferred to a retirement savings vehicle belonging to the non-participant pension partner, or (

c) if at the end date the participant pension partner was vested and was within 10 years of or had already attained pensionable age and has not yet commenced to receive a pension, at the non-participant pension partner’s option, either (

i) be transferred to a vehicle referred to in clause (b), or (ii) be paid or so transferre d at the participant pension partner’s event date.

(2) Notwithstanding subsection (1), if and to the extent that the non-participant pension partner’s share were a benefit under the plan rules which the plan rules would treat

Section 31 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 18 (

a) as locked in, the share is locked in, or (

b) as not locked in, the share is not locked in.

(3) Notwithstanding subsections (1) and (2), the non-participant pension partner’s share under the Closed Management Plan is not locked in except to the extent that it is based on commuted value.

(4) Notwithstanding subsection (1), where a pension has already commenced to be paid at the time the family property order is made, the non-participant pension partner’s share is to be paid directly to the non-participant pension partner in the form of a pension which, for the purposes of the Plan, is a portion of the participant’s pension partner’s pension. AR 383/2003 s4;160/2019 Adjustment of participant pension partner’s benefit 31(1) References in this

section to the participant pension partner’s benefit, if the event date is that individual’s death, are to the benefit payable on the death.

(2) After the division date, the Minister shall adjust the participant pension partner’s benefit using the relevant calculations set out in this section.

(3) If the participant pension partner’s pension commencement occurred before the making of the family property order or in the event of a delayed division, the participant pension partner’s benefit as at the division date shall be decreased by the amount of the total pre-division benefit multiplied by the division factor.

(4) If subsection (3) does not apply, the participant pension partner’s benefit shall be reduced at the participant pension partner’s event date to take into account the non-participant pension partner’s share in accordance with subsections (5) to (7).

(5) If the participant pension partner is not vested at the event date, the participant pension partner’s benefit shall be reduced by the sum of the non-participant pension partner’s share at the end date and interest thereon from the end date to the event date.

(6) If the participant pension partner’s benefit is a pension, the pension shall be reduced by A where A = B x C x D x E B = the total pre-division benefit, calculated on the assumption (whether so or not) that the participant pension partner was vested at the end date

Section 32 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 19 C = the division factor D = the factor, equal to or greater than 1, representing the compound effect of the annual cost of living increases, if any, between the end date and the event date, based on actual inflation measured annually in that period, with cost-of-living increases being determined using a formula that is consistent with the assumption for cost-of-living increases applying after termination and prior to pension commencement inherent in the commuted value calculation under the Plan E = the factor represen ting the reduction to be applied when pension commencement occurs before pensionable age that is certified by an actuary and approved in writing by the Minister for the purposes of this provision in respect of the Plan.

(7) If the participant pension partner is vested at the event date and the participant pension partner’s benefit is a lump sum or transferable amount, that amount, excluding any employee contribution excess, shall be adjusted by multiplying it by the ratio of (F-A)/F, where F = the pension that would have been payable had a pension rather than a lump sum or transfer been chosen, calculated as if the participant pension partner had terminated on the event date and on the assumption that the participant pension partner would have commenced to receive the pension on attaining the age of 55 years or at the event date, if later, a n d A = the amount A, as set out in subsection (6).

AR 383/2003 s4;160/2019 Bar against further claims 32 If the full amount of the non-participant pension partner’s share has been distributed pursuant to this Part, (

a) that pension partner has no further entitlement to any benefit or any other right under the Plan, and (

b) the Minister and the Plan h ave no further obligation to that pension partner and have no liability to either pension partner or any other person by reason only of the fact that the family property order was complied with. AR 383/2003 s4;160/2019

Section 33 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 20 Disclosure of information 33(1) In this section, references to pension partners, participant pension partners or non-participant pension partners include pension partners or former pension partners, within the meaning of the plan rules, where a family property order is being contemplated.

(2) The Minister shall provide to both pension partners, as soon as reasonably practicable after receiving both a written request for it from either and proof that is satisfactory to the Minister of their relationship, a written statement specifying (

a) an estimate of the total entitlement, calculated however a s of the date of the request rather than the division date, or such earlier date as is specified in the request, (

b) the date on which the par ticipant pension partner became a participant, (

c) the amount of pensionab le service accumulated by the participant pension partner up to the date referred to in clause (

a) and, if applicable, the amount of pensionable service accumulated during the period of joint accrual, (

d) the date, if applicable, on which the participant pension partner terminated, and (

e) other information whose d isclosure is contemplated by subsection (5), on request for it.

(3) Repealed AR 160/2019 s3.

(4) As soon as reasonably practicable after a division to which this Part applies takes place, the Minister shall provide to the participant pension partner a written statement containing (

a) the date the divisi on became effective, and (

b) a

summary and description of the remaining benefits to which the participant pension partner will be entitled after the distribution of the non-participant pension partner’s share.

(5) A non-participant pension partner is a prescribed person for the purposes of

section 9.2(2)(

d) of the Act to the extent that the Minister considers that the employment information (within the meaning of

section 9.2(1) of the Act) is required (

a) to determine the entitlement under this Part of a pension partner or former pension partner, or

Section 33 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 21 (

b) to complete the division and distribution pursuant to a filed family property order.

(6) Where there has been a relationship breakdown between a participant and a person who is not a pension partner but is or was the participant’s adult interdependent partner within the meaning of the Family Property Act, the Minister shall, as soon as reasonably practicable after receiving a written request for it from the participant, provide to the participant a written statement specifying (

a) an estimate of the total entitlement, (

b) the date on which the par ticipant became a participant, (

c) the amount of pensionab le service accumulated by the participant (

i) up to the date of the request, or (ii) if the total entitlement i s being calculated as of an earlier date specified in the request, up to that earlier date, (

d) if requested, the amoun t of pensionable service accumulated by the participant during a period specified in the request but ending no later than the date of the request, and (

e) the date, if applicable, on which the participant terminated.

(7) The Minister is not required to provide a statement referred to in subsection (2) or (6) more than once in a calendar year.

(8) For the purposes of subsection (6), (a) “participant” inclu des a former participant; (b) “total entitlement” means th e total benefit, or the value of that benefit, accrued to the participant, calculated as of the date of the request referred to in subsection (6), or such earlier date as is specified in the request, in accordance with the following: (

i) if the participant is not then vested, as equal to the value of the participant’s employee contributions; (ii) if the participant has al ready commenced to receive a pension, as the pension itself; (iii) if the participant is t hen vested and has not yet commenced to receive a pension, as equal to the

Section 34 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 22 commuted value of the pension, calculated on the assumption that the participant will commence to receive the pension (

A) if pensionable age ha s not yet been reached, at pensionable age, or (

B) if pensionable age ha s already been reached, as of the date of the request or such earlier date as is specified in the request. AR 383/2003 s4;160/2019 Application to Court for clarification, etc. 34(1) If, on the filing of a family property order, the Minister is unable to comply with it because it is incomplete, it does not comply with this Part or there is doubt as to what exactly the Minister must do to comply with it, the Minister may apply to the Court to redress the situation arising from that inability so to comply.

(2) An application under subsection (1) must be supported by an affidavit and must be made on 7 days’ notice or any shorter period that the Court allows.

(3) The costs of an application under subsection (1) are to be borne by both or either of the pension partners, as decided by the Court and, to the extent that any such costs are paid by the Minister, the Minister has a right of action in debt against the pension partner or pension partners for the costs, according to the Court’s decision on the costs. AR 383/2003 s4;164/2010;160/2019 Assignment and protection from execution, etc. 35(1) The division or distribution of a benefit under a family property order does not constitute an assignment, charge, anticipation, giving as security or surrender of an interest of or in the benefit or any rights for the purposes of the plan rules.

(2) Section 14 applies with respect to both pension partners’ shares. AR 383/2003 s4;160/2019 Fees 36 Subject to

section 34(3), the Minister shall charge no fee for any services under this Part. AR 383/2003 s4

Section 37 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 23 Filing of documents with Minister 37 For the purposes of this Part, a family property order is filed only if it or a certified copy of it is served on the Minister by (

a) leaving it at an office of t he Alberta Pensions Services Corporation and receiving a receipt for its delivery signed by any of that corporation’s employees, or (

b) by sending it by registere d or certified mail to an office of that corporation. AR 383/2003 s4;8/2019;160/2019 Schedules Schedules 1 to 4 Repealed AR 8/2019 s6.

Schedule 5 Management Employees Pension Plan - Specific Provisions

Part 1 General Provisions

Interpretation 1 In this Schedule, (a) “employee nominee” means a member of the Board who was nominated under

section 3(1)(b); (b) “employer nominee” means a member of the Board who was nominated under

section 3(1)(a). Application 2 This

Schedule relates to the Management Employees Pension Plan (referred to as “the Plan”). Application of plan rules from prior date 2.1 A provision of the plan rules that deals with (

a) participation, including w ho are or are not employees, (

b) salaries, (

c) reciprocal agreements, and (

d) any provision required by the tax rules

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 24 may be made to apply with effect from a date specified in those plan rules that is prior to that on which they are filed under the Regulations Act. AR 146/98 s2;155/2000 Composition of Board 3(1) The Board is to consist of (

a) three persons nominated by the Government, (

b) three persons nominated by employees or organizations representing employees, or a combination of both, and (

c) one person nominated by the Public Service Commissioner, and appointed by the Lieutenant Governor in Council.

(2) The member nominated under subsection (1)(

c) has no vote. Internal Board rules — quorum and resolutions 3.05(1) In this section, (b) “present” means, with ref erence to a Board member at a meeting, present at the meeting at the time when the vote on the resolution was taken; (c) “resolution” means a re solution of the Board.

(1.1) The Board member referred to in

section 3(1)(

c) is not to count for any of the purposes (including presence) of this section.

(2) Notwithstanding

section 6 of the portion of this Regulation preceding

Schedule 1, (

b) the Board’s quorum rule and the rules relating to the passing of resolutions and related matters are as set out in this section, and (

c) subject to

section 6(2) and (3) of the portion of this Regulation preceding

Schedule 1, the Board may not make any resolution dealing with those rules on quorum or the passing of resolutions.

(3) The quorum at a meeting of the Board is 3 Board members.

(4) A resolution is passed if it is passed by a majority of the Board members present.

(5) A vacancy in the membership of the Board does not

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 25 (

a) invalidate the constitution of the Board if the number of members is not less than a quorum, or (

b) subject to subsections (3) and (4), impair the right of th e members of the Board to act. 3.1 Repealed AR 100/2005 s4. Current service contribution rates 4(1) For the purposes of the setting of contribution rates for current service under

section 5(2) of the Act Schedule, the minimum solvency requirements referred to in

section 1(1)(

b) of the Act

Schedule apply only to benefits in respect of service after 1991.

(2) For the purposes of subsection (1), the Minister shall ensure that a separate accounting is made and maintained of assets in respect of service after 1991.

AR 147/99 s5 Employer’s periodic report 4.1(1) An employer shall, at least once every 3 years or more frequently if so required by the Minister and before the end of the triennium or the date specified by the Minister as the case may be, provide to the Minister a report that has been prepared by an independent accountant or another person acceptable to the Minister, with respect to the employer’s compliance with the employer’s obligations under the Plan during the relevant period and on such matters as the Minister has specified by written notice to employers generally.

(2) Where a report complying with subsection (1) is not received before the end of the triennium or the date specified by the Minister as the case may be, the Minister may order that a report that does so comply be conducted at the employer’s expense.

(3) In subsection (1), “accountant” means a person who is permitted under the laws of Alberta to engage, on a fee for service basis and not under anyone’s supervision, in public accounting practice, within the meaning of the Regulated Accounting Profession Act, in respect of work that is intended to be relied on by a third party. AR 116/99 s4;262/2006;8/2019 4.2 Repealed AR 100/2005 s5.

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 26

Part 2.1 Exit of Alberta Treasury Branches Application 24.1

Whereas Alberta Treasury Branches are to exit from the Plan with effect from the end of 1998, this Part establishes, pursuant to

section 12(1)(

j) and (1.1) of the Act Schedule, the basis for that employer’s exit from the Plan to another registered pension plan established by it, the method by which the exit is to be made and other terms and conditions for the exit. AR 236/99 s3 General

definitions 24.2 In this Part, (a) “employer” means Alberta Treasury Branches, established by the ATB Financial Act; (b) “exit” means the exit of the employer from the Plan under this Part, and includes the consequential transfer of a portion of the Plan’s liabilities and assets; (c) “exiting participant” means an exiting person described in

section 24.4(a); (d) “exiting person” means a person falling within

section 24.4(a), (

b) or (c); (e) “market value” means the amount that the President of Treasury Board and Minister of Finance, using generally accepted accounting principles, including the accounting recommendations of the Canadian Institute of Chartered Accountants set out in the Handbook published by that Institute, as amended from time to time, determines to represent the value of the assets or investments that would be agreed on in an arm’s length transaction between knowledgeable and willing parties who are under no compulsion to act; (f) “other plan” means the other registered pension plan referred to in

section 24.1; (g) “time of exit” means the end of 1998; (h) “time of transfer” means the time when the asset transfer is made pursuant to the order referred to in

section 24.83. AR 236/99 s3;270/2002;68/2008;9/2023

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 27 Required characteristics of other plan 24.3(1) The other plan must (

a) provide for the benefits a nd entitlements provided for by

Part 5 of the plan rules to exiting participants or for benefits and entitlements that are not less favourable for those persons in respect of (

i) pensionable service accum ulated to the time of exit, and (ii) pensionable salaries ear ned during participation in the Plan and in the other plan, (

b) provide in effect that all service of or with respect to exiting persons that counts as combined pensionable service for the purposes of determining eligibility for benefits under the Plan is to count for the same purposes in effect under the other plan, (

c) provide to persons referred to in

section 24.4(

b) the protection afforded by

section 13 of this Regulation (preceding

Schedule 1), and (

d) acknowledge the effect of

section 12(1.3) of the Act Schedule.

(2) The other plan must also provide in effect that (

a) the legal owners of the pension fund of the other plan are to hold all the assets transferred from the Plan to the other plan and all investment income and capital appreciation derived from those assets in trust, and to use them, for the sole purposes of providing benefits and entitlements under the other plan and to meet the other plan’s administration costs, and (

b) those assets, investment in come and capital appreciation belong beneficially to the persons entitled to benefits under the other plan.

(3) To avoid any doubt, benefits and entitlements are not less favourable, for the purposes of subsection (1)(a), by reason only of their being provided by means of defined contribution provisions within the meaning of the Employment Pension Plans Act (SA 2012 cE-8.1) if (

a) the arrangements under those defined contribution provisions are agreed to in writing by each exiting participant who elects to participate in the other plan under those defined contribution arrangements, and

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 28 (

b) the benefits and entitlements provided to each such exiting participant are of equivalent value to those benefits and entitlements to which the participant would be entitled if the participant did not agree to those arrangements, with the valuations being determined as at the date the exiting participant elects to participate under those arrangements. AR 236/99 s3;154/2014;8/2019 Employees, etc. exit 24.4 The employer exits the Plan only in relation to (

a) persons who were particip ants and who were employees of the employer immediately before the time of exit and who do not terminate with effect as at, or die at, the time of exit, (

b) spouses or former spouses of persons referred to in clause (

a) who, immediately before the time of exit, have entitlements to benefits arising under family property orders filed with the Minister with respect to those persons, and (

c) persons prospectively or p otentially entitled to benefits under the Plan accrued to the time of exit through persons referred to in clause (

a) or (b). AR 236/99 s3;160/2019 Effect of exit 24.5 With effect as at the time of exit, (

a) the employer is to be treated as having ceased participation as such in the Plan and as having commenced participation as such in the other plan, (

b) exiting persons are to be treated as having ceased participation or prospective or potential coverage under the Plan and as having commenced participation or prospective or potential coverage, as the case may be, under the other plan, (

c) all benefits and entitlement s in respect of exiting persons are to be treated as having been transferred from the Plan to the other plan, and (

d) liabilities for benefits and entitlements in respect of exiting persons are to be treated as having been transferred from the Plan to the other plan. AR 236/99 s3

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 29 Information and disclosure 24.6(1) At the earliest practicable time, the Minister, after consulting with the Board, must report in writing to the employer the Minister’s estimation, as at the time of exit and with respect to the employer, of the apportionment of the Plan’s assets and liabilities that will be determined on the basis set out in

section 24.82.

(2) Before the time of transfer and as soon as practicable, the employer must provide written notice to each exiting participant regarding the exit containing (

a) a

summary of the other plan, including the relevant benefits and entitlements under that plan, (

b) a description of the conditions that the other plan is required by

section 24.3 to meet and a certification by the employer that the other plan meets those requirements, and (

c) the name of the employer’s representative who can provide more information to exiting participants on request.

(3) Before the time of transfer and as soon as practicable in each case, the employer must submit to the Minister, in writing, (

a) certification by the other plan’s actuary that the other p lan meets the requirements of

section 24.3(1), (

b) a written opinion of the leg al adviser of the employer to the effect that the other plan meets the requirements of

section 24.3(2), (

c) certification by the employer that the disclosure required by subsection (2) has been made, and (

d) a copy of the notice given under subsection (2).

(4) At the earliest practicable time, the Minister must provide to the employer copies of the actuarial valuations referred to in

section 24.81.

(5) If the employer so requests, the Minister must forthwith provide it with the data and working papers that relate to the calculations under sections 24.81, 24.82 and 24.85. AR 236/99 s3

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 30 Completion of purchases of service 24.7(1) Where an exiting participant made arrangements to acquire service as pensionable service before the time of exit, has not fully paid for the service being acquired and wishes to transfer the service not yet paid for to the other plan, payment must be made for that unacquired service before the time of exit.

(2) No service that has not been paid for may be transferred to the other plan. AR 236/99 s3 Exit costs 24.8(1) The President of Treasury Board and Minister of Finance may charge the plan fund for all reasonable costs, including the cost referred to in

section 24.91 but excluding any plan costs, incurred by the Minister, the Board and the Minister of Finance and Enterprise before the completion of the exit, with respect to the exit.

(2) The employer is liable to the plan fund for any costs charged to the plan fund under subsection (1).

(3) Subject to subsection (4), the costs for which the employer is liable under subsection (2) are to be deducted from the assets apportioned to the employer under

section 24.82 in accordance with

section 24.82(2).

(4) As an alternative to having assets reduced as referred to in subsection (3), the employer may elect in writing to the President of Treasury Board and Minister of Finance, as soon as practicable and in any case before the time of transfer, to reimburse the plan fund directly for the costs for which the employer is liable under subsection (2), in which case the employer must pay those costs within 30 days of being charged for them by the Minister of Finance and Enterprise. AR 236/99 s3;270/2002;68/2008;9/2023

Definitions for calculation purposes 24.81(1) The following letters designate the amounts used in the calculations under this

section and

section 24.82, as determined in a written actuarial valuation that is prepared for the purposes of the exit as at the time of exit and that is approved by the Minister after consultation with the Board: (a) “A” means the Plan’s accrued liabilities; (b) “B” means the Plan’s accrue d liabilities in respect of the exiting persons;

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 31 (c) “C” means the market value of the Plan’s assets.

(2) For the purposes of subsection (1)(a), except so far as they relate to the exiting persons, the Plan’s accrued liabilities include the amount, if any, by which liabilities in respect of service that is in the course of being purchased over time and that, at the time of exit, has not yet been paid for exceed the present value of the outstanding contributions in respect of that service.

(3) For the purposes of subsection (1)(

a) and (b), if so warranted in the Minister’s opinion, the Plan’s accrued liabilities in respect of exiting persons are to be calculated by limiting the pensionable salaries of exiting persons to the maximum allowed by the compensation guidelines of employers to whom the Public Service Act applies.

(4) The letter “D”, as used in the calculation under

section 24.82, means the lesser of (

a) the amount specified in a written actuarial valuation, approved by the Minister, of accrued liabilities in the closed plan as at the time of exit in respect of members of the closed plan who, at the time of their last termination, were employees of the employer, and (

b) the amount  ACA B      if positive or, if not positive, 0. AR 236/99 s3 Amount of assets for transfer 24.82(1) The assets to be apportioned to the employer and transferred to the other plan as at the time of transfer are equal to DCA B       plus interest from the time of exit to the time of transfer.

(2) Unless

section 24.8(4) applies, the assets to be apportioned and transferred under subsection (1) are to be reduced by an amount equal to the costs referred to in

section 24.8(2).

(3) The assets to be transferred from the Plan to the closed plan are equal to D plus interest from the time of exit to the time of transfer.

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 32

(4) Interest under subsections (1) and (3) is payable on the basis of the market rate of return earned by the plan fund, net of those investment costs that are specified by the President of Treasury Board and Minister of Finance for that purpose, from the time of exit until the latest date to which that rate is available, and on the basis of the rate of return earned by the Consolidated Cash Investment Trust Fund for the remainder of the period to the time of transfer. AR 236/99 s3;270/2002;68/2008;9/2023 Order in Council effectuating transfers 24.83 The Lieutenant Governor in Council may, if satisfied that this Part has been met, order the transfers of assets referred to in

section 24.82 and shall, in the orders, specify the effective dates of those transfers. AR 236/99 s3 Nature of assets to be transferred 24.84(1) The transfers from the plan fund under

section 24.83 are to consist of such specific assets and to be in such of the following forms as is decided by the President of Treasury Board and Minister of Finance, namely (

a) in cash, (

b) on the basis of a prorated interest in the investments of the plan fund valued at market value, or (

c) as a combination of the for ms set out in clauses (

a) and (b), and where a transfer would require a significant liquidation of the assets in a pooled fund, the transfer may include securities held by the pooled fund.

(2) Where any assets transferred to the other plan under

section 24.83 are interests in a pooled fund, the other plan must redeem those interests in accordance with the guidelines established for the pooled fund within one year of the time of transfer or within such longer period as is agreed in writing between the employer and the President of Treasury Board and Minister of Finance.

(3) The guidelines referred to in subsection (2) are exempt from the Regulations Act. AR 236/99 s3;270/2002;68/2008;9/2023 Refund of excess contributions less benefit payments 24.85(1) At the earliest practicable time after the time of transfer,

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 33 (

a) if the amount resulting from the application of subsection (2) is positive, the President of Treasury Board and Minister of Finance shall pay from the Plan to the other plan, and (

b) if that amount is negative, t he legal owners of the other plan shall pay from that plan to the Plan, an amount equal to that amount.

(2) The amount referred to in subsection (1) is equal to the amount of (

a) any contributions remitted after the time of exit to the Plan in respect of each calendar month representing contributions paid by the employer and exiting persons and other employees of the employer, less (

b) any benefits paid after the time of exit from the Plan in respect of that calendar month to exiting persons and other employees of the employer, with interest from the end of the next month to the date of the payment referred to in subsection (1), then aggregated over all the months in the period from the time of exit to the date of that payment.

(3) Interest under subsection (2) is payable on the basis of the market rate of return earned by the plan fund, net of those investment costs that are specified by the President of Treasury Board and Minister of Finance for that purpose, from the month end referred to in subsection (2) until the latest date to which that rate is available and on the basis of the rate of return earned by the Consolidated Cash Investment Trust Fund for the remainder of the period referred to in subsection (2).

AR 236/99 s3;270/2002;68/2008;9/2023 Indemnification 24.9(1) Before any assets are transferred under this Part, the employer and the legal owners of the pension fund of the other plan must indemnify the Crown in a written form acceptable to the Minister with respect to any claims that may be made by any person that arise directly or indirectly from the exit, including the fact of the exit’s being retroactive.

(2) The legal owners of the pension fund of the other plan indemnify (

a) the Board and the members of the Board for any damages or legal and other expenses incurred in defending any

Schedule 5 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 34 claim against the Board or any Board member that arises directly or indirectly from the exit, and (

b) the plan fund and the Plan’s administrator and trustee for any claims made by any person that arise directly or indirectly from the exit.

(3) Subject to subsection (2), an indemnification by subsection (2)(

a) covers anything done by the Board or Board member, as the case may be, in good faith in the exercise of powers, duties and functions under this Part.

(4) To the extent permissible by law, any liability under an indemnity under this

section by the other pension fund’s legal owners is to be met from that pension fund itself. AR 236/99 s3 Transfer of documents and records 24.91 As soon as is practicable, the Minister shall transfer to the administrator of the other plan, at the employer’s cost, those documents and records that the Minister holds as the administrator of the Plan, that pertain to exiting persons and other employees of and relating to that employer and that are needed for the administration of the other plan.

AR 236/99 s3 References in family property orders 24.92 Where there is a reference to the Plan in a family property order in respect of an exiting person, that reference is to be treated, with effect from the time of exit, as a reference to the other plan. AR 236/99 s3;160/2019 Liability for benefits 24.93 The Crown is to have no liability in respect of benefits to be provided by the other plan and the pension fund of the other plan is to assume all such liability.

AR 236/99 s3 Extinguishment of rights 24.94 On the exit, all the rights of the employer and of exiting persons and other employees of and relating to that employer in relation to the Plan are extinguished. AR 236/99 s3

Schedule 6 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 35

Schedule 6 Public Service Management (Closed Membership) Pension Plan Provisions Pension suspension 1(1) In this section, references to sections 22 and 23 are to be taken to refer to those sections of the Public Service Management Pension Plan Regulation (AR 311/85), as those sections had been saved and were applicable to the Plan before and as at the end of 2000.

(2) Once a pension has commenced, it may not be suspended for any reason. (3) Subsection (2) does not affect the ongoing validity of a pension suspension effected before 2001 under

section 22(1) (but not under

section 23), as provided for in subsection (4).

(4) Subject to subsection (5),

section 22(1) continues to apply with respect to pension suspensions effected under it before 2001 so long as the person continues, without interruption, to make current service contributions within the meaning of and to the permanent plan or the Public Service Pension Plan.

(5) A person whose pension was, as at the end of 2000, under suspension pursuant to

section 22(1) may, within 120 days of the enactment of this section, apply in writing to the Minister not to have subsection (4) apply to that person at all, in which case subsection (4) does not so apply and payment of the pension recommences with effect from January 1, 2001, with interest at the applicable rate referred to in

section 79(1)(

b) of the permanent plan.

(6) Where, as at the end of 2000, a pension was under suspension under

section 23, payment of the pension is to recommence as at January 1, 2001, with interest at the rate referred to in subsection (5). (7) Sections 22(2) and (3) and 23 are to be treated as not applying after 2000.

(8) This

section applies with respect to all pensionable service, whether before or after the end of 1991. AR 288/2003 s2 Spousal and pension partner references 2(1) In this section, (a) “Act” means the Public Service Management Pension Plan Act, SA 1984 cP-34.1 (repealed),

Schedule 6 AR 365/93 PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) REGULATION 36 (b) “legislation” means the Act, the Principal Regulation and the Ministerial Regulation, (c) “Ministerial Regulation” means the Public Service Management Pension Plan (Ministerial) Regulation (AR 312/85) (repealed), and (d) “Principal Regulation” means the Public Service Management Pension Plan Regulation (AR 311/85) (repealed), as those enactments had been saved and were applicable to the Plan before and as at the end of January 22, 2002.

(2) The legislation is to be treated as having been changed, applying this section.

(3) The whole of the legislation is to be treated as changed by deleting “spouse”, “ “spouse” ”, “Spouse”, “SPOUSE’S”, “Spouse’s” and “Spousal” and further grammatical variants of any of them, if any, wherever they occur in the legislation and replacing those terms with “pension partner”, “ “pension partner” ”, “Pension Partner”, “PENSION PARTNER’S”, “Pension Partner’s” and “Pension partner” and the appropriate grammatical variants, respectively.

(4) Section 1(1)(s)(ii) of the Act is to be treated as changed by deleting “of the opposite sex”.

(5) Section 34 of the Act is to be treated as changed by inserting “and to the extent applicable” after “section 42”. AR 318/2009 s3

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 365/1993
Type	regulation
Volume / chapter	1993 365
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6a6e767b66936b0feed2bead2fdf87a6fe993746

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