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1998 Legislative Session: 3rd Session, 36th Parliament

FOR REPORT

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 30th day of July, 1998

Ian D. Izard, Law Clerk

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 38 – 1998

PENSION STATUTES AMENDMENT ACT (No. 2), 1998

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Legislative Assembly Allowances and Pension Act

Section 1 of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1996, c. 257,

is amended

(

a) by adding the following definition:

"spouse" means, in relation to another person,

(

a) if there is no person to whom paragraph (

b) or (

c) applies, a person who at

the relevant time was married to that other person,

(

b) a person who lived with that other person as husband and wife for the 2 year

period immediately preceding the relevant time, or

(

c) a person of the same gender who lived in a marriage-like relationship with

that other person for the 2 year period immediately preceding the relevant

time; , and

(

b) by repealing the definition of "surviving spouse" and substituting the following:

"surviving spouse" means a person who was the spouse of a member immediately

before the member's death; .

Section 22 (4) is amended by striking out "after the date of his or her marriage," and substituting

"after the date the member has a spouse," .

Section 31 is amended by adding the following subsection:

(3) If an allowance or a right that would have been provided under this Act to a same

gender spouse is limited by Income Tax Act (Canada) requirements, the

difference between what would have been provided and what is actually provided

under this Part must be provided from the supplemental benefits account under

the Pension (Public Service) Act.

Section 32 (2) (

a) is amended by striking out "spouse and of their marriage;" and substituting "spouse;" .

Pension (College) Act

Section 1 (1) of the Pension (College) Act, R.S.B.C. 1996, c. 353, is amended by repealing

the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(

a) if there is no person to whom paragraph (

b) or (

c) applies, a person who at

the relevant time was married to that other person,

(

b) a person who lived with that other person as husband and wife for the 2 year

period immediately preceding the relevant time, or

(

c) a person of the same gender who lived in a marriage-like relationship with

that other person for the 2 year period immediately preceding the relevant

time; .

5.1

Section 15 (2) is amended by adding "or there is filed with the commissioner a written

agreement or court order made under

Part 5 or 6 of the Family Relations Act with the same

effect" after "specified by the commissioner" .

Section 18 (1) is amended by striking out "is divorced and there is a written agreement or

court order" and substituting "is separated or divorced and there is a written agreement or

court order made under

Part 5 or 6 of the Family Relations Act" .

Section 19 (2) is amended

(

a) in paragraph (

a) by striking out "is unmarried," and substituting "does not have a

spouse," , and

(

b) in paragraph (

b) by striking out "is married," and substituting "has a spouse," .

Section 20 is amended

(

a) in subsection (3) by adding ", if permitted by the Income Tax Act (Canada)," after "the

spouse" ,

(

b) by adding the following subsection:

(4.1) With respect to a marriage-like relationship, subsection (4) applies regardless of whether a nomination was made or a marriage-like relationship was established

with the contributor before or after the date this subsection comes into force. ,

(

c) in subsection (5) by striking out "is divorced and remarried and, as a result of a written

agreement or a court order made under" and substituting "is separated or divorced and

currently has a spouse and, as a result of a written agreement or court order made under

Part 5 or 6 of" , and

(

d) in subsection (9) by striking out "is divorced and, as a result of a written agreement or

court order" and substituting "is separated or divorced and, as a result of a written

agreement or court order made under

Part 5 or 6 of the Family Relations Act" .

Section 26 is amended by adding the following subsection:

(5) If a benefit or a right that would have been provided under this Act to a same

gender spouse is limited by Income Tax Act (Canada) requirements, the

difference between what would have been provided and what is actually provided

under

Part 3 must be provided under this Part.

Pension (Municipal) Act

Section 1 (1) of the Pension (Municipal) Act, R.S.B.C. 1996, c. 355, is amended by

repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(

a) if there is no person to whom paragraph (

b) or (

c) applies, a person who at

the relevant time was married to that other person,

(

b) a person who lived with that other person as husband and wife for the 2 year

period immediately preceding the relevant time, or

(

c) a person of the same gender who lived in a marriage-like relationship with

that other person for the 2 year period immediately preceding the relevant

time; .

Section 17 (2) is amended by adding ", or there is filed with the commissioner a written agreement or court order made under

Part 5 or 6 of the Family Relations Act with the same

effect," after "employee has a spouse" .

Section 17 (2) is amended by adding "or there is filed with the commissioner a written agreement or court order made under

Part 5 or 6 of the Family Relations Act with the same effect" after "specified by the commissioner" .

Section 20 (1) is amended by striking out "is divorced and there is a written agreement or

court order" and substituting "is separated or divorced and there is a written agreement or

court order under

Part 5 or 6 of the Family Relations Act " .

Section 21 (10) (

a) is amended by striking out "is a married contributor," and substituting "has a spouse," .

Section 22 is amended

(

a) in subsection (2) (a) (

i) by striking out "contributor's last marriage," and substituting "contributor's last marriage or marriage-like relationship," ,

(

b) in subsection (3) by adding ", if permitted by the Income Tax Act (Canada)," after "the spouse" ,

(

c) by adding the following subsection:

(5.1) With respect to a marriage-like relationship, subsection (5) subsection (2) (a) (ii)

applies regardless of whether a nomination was made or a marriage-like

relationship was established with the contributor before or after the date this

subsection comes into force. ,

(

d) in subsection (7) by striking out "is divorced and remarried and, as a result of a written

agreement or a court order made under" and substituting "is separated or divorced and

currently has a spouse and, as a result of a written agreement or court order made under

Part 5 or 6 of" ,

(

e) in subsection (9) by striking out "is divorced and remarried and, as a result of a written

agreement or court order," and substituting "is separated or divorced and currently has

a spouse and, as a result of a written agreement or court order made under

Part 5 or 6

of the Family Relations Act, " and by striking out "employee's last marriage" and

substituting "employee's last marriage or marriage-like relationship" , and

(

f) in subsection (10) by striking out "is divorced and, as a result of a written agreement

or court order," and substituting "is separated or divorced and, as a result of a written

agreement or court order made under

Part 5 or 6 of the Family Relations Act, " .

Section 29 is amended by adding the following subsection:

(6) If a benefit or a right that would have been provided under this Act to a same

gender spouse is limited by Income Tax Act (Canada) requirements, the

difference between what would have been provided and what is actually provided

under

Part 3 must be provided under this Part.

Pension (Public Service) Act

Section 1 (1) of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, is amended by

repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(

a) if there is no person to whom paragraph (

b) or (

c) applies, a person who at

the relevant time was married to that other person,

(

b) a person who lived with that other person as husband and wife for the 2 year

period immediately preceding the relevant time, or

(

c) a person of the same gender who lived in a marriage-like relationship with

that other person for the 2 year period immediately preceding the relevant

time; .

Section 18 (4) is amended by adding ", or there is filed with the commissioner a written

agreement or court order made under

Part 5 or 6 of the Family Relations Act with the same effect," after "contributor has a spouse" .

Section 18 (4) is amended by adding "or there is filed with the commissioner a written

agreement or court order made under

Part 5 or 6 of the Family Relations Act with the same

effect" after "specified by the commissioner" .

Section 25 (1) is amended by striking out "is divorced and there is a written agreement or

court order" and substituting "is separated or divorced and there is a written agreement or

court order made under

Part 5 or 6 of the Family Relations Act" .

Section 26 is amended

(

a) in subsection (2) by adding ", if permitted by the Income Tax Act (Canada)," after "the

spouse" , and

(

b) in subsection (4) by striking out "is divorced and remarried and, as a result of a written

agreement or a court order made under" and substituting "is separated or divorced and

currently has a spouse and, as a result of a written agreement or court order made under

Part 5 or 6 of" .

Section 29 is amended

(

a) in subsection (3) by striking out "contributor's marriage," and substituting "contributor's marriage or marriage-like relationship was established with the contributor," ,

(

b) in subsection (4) by striking out "is divorced and remarried and, as a result of a written

agreement or court order," and substituting "is separated or divorced and currently has

a spouse and, as a result of a written agreement or court order made under

Part 5 or 6

of the Family Relations Act, " ,

(

c) by adding the following subsection:

(5.1) With respect to a marriage-like relationship, subsection (3) applies regardless of

whether a nomination was made or a marriage-like relationship was established

with the contributor before or after the date this subsection comes into force. , and

(

d) in subsection (7) by striking out "is divorced and, as a result of a written agreement or

court order," and substituting "is separated or divorced and, as a result of a written

agreement or court order made under

Part 5 or 6 of the Family Relations Act, " .

Section 42 is amended by adding the following subsection:

(6) If a benefit or a right that would have been provided under this Act to a same

gender spouse is limited by Income Tax Act (Canada) requirements, the

difference between what would have been provided and what is actually provided

under

Part 3 must be provided under this Part.

Pension (Teachers) Act

Section 1 (1) of the Pension (Teachers) Act, R.S.B.C. 1996, c. 357, is amended by

repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(

a) if there is no person to whom paragraph (

b) or (

c) applies, a person who at

the relevant time was married to that other person,

(

b) a person who lived with that other person as husband and wife for the 2 year

period immediately preceding the relevant time, or

(

c) a person of the same gender who lived in a marriage-like relationship with

that other person for the 2 year period immediately preceding the relevant

time; .

Section 16 (3) is amended by adding ", or there is filed with the commissioner a written agreement or court order made under

Part 5 or 6 of the Family Relations Act with the same effect," after "employee has a spouse" .

Section 16 (3) is amended by adding "or there is filed with the commissioner a written agreement or court order made under

Part 5 or 6 of the Family Relations Act with the same effect" after "specified by the commissioner" .

Section 19 (1) is amended by striking out "is divorced and there is a written agreement or

court order" and substituting "is separated or divorced and there is a written agreement or

court order made under

Part 5 or 6 of the Family Relations Act" .

Section 21 is amended

(

a) in subsection (2) by adding ", if permitted by the Income Tax Act (Canada)," after "the

spouse" ,

(

b) by adding the following subsection:

(3.1) With respect to a marriage-like relationship, subsection (3) subsection (5) (

a) applies regardless of whether a nomination was made or a marriage-like

relationship was established with the contributor before or after the date this

subsection comes into force. ,

(

c) in subsection (5) (

a) by striking out "employee's last marriage" and substituting

"employee's last marriage or marriage-like relationship" , and

(

d) in subsection (8) by striking out "is divorced and, as a result of a written agreement or

court order," and substituting "is separated or divorced and, as a result of a written

agreement or court order made under

Part 5 or 6 of the Family Relations Act, " .

Section 27 is amended by adding the following subsection:

(5) If a benefit or a right that would have been provided under this Act to a same

gender spouse is limited by Income Tax Act (Canada) requirements, the

difference between what would have been provided and what is actually provided

under

Part 3 must be provided under this Part.

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