1973 Bill 43 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 43 The Teachers l Retirement Fund Amendment Ad, 1973 HONOURABLE MR. TOPOLNISKY First Reading .............................. . Second Reading .................... . Third Reading ............................ . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 43 BILL 43 1973 THE TEACHERS' RETIRE'MENT FUND' AM,ENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the adViioe and oons'ent of the Legislative Ass'embly of Alberta, enacts as follows: 1. The Teachers' Retirement Fund Act is hereby amended.

Section 16 is amended by striking out subsection (1) and by sUbstituting the. following: 16.

(1) Every teacher shall contribute to the Fund such amount of his salary, being not less than 3 per oent nor more than 7 per cent as the Board may presrCribe by by-law, but all contributions made by a teacher after he has at­ tained the age IOf 65 y,ears, or after he has made contribu­ tions for an aggregate of 35 years Qf service, whichever occurs first, shall be refunded annually to the teacher by the BQard.

Section 18 is amended by striking out subsection (1) and by substituting the following: 18.

(1) Every school board shall, at the times and lin the manner prescribed by the Board, (

a) pay to the Board as contributiQns to the Fund all amounts which by

section 17 that lschool board is required tOo retain, and (

b) furnish the Board with a CQrrect statement showing (

i) the name and salary of each rteacher whQse con­ tribution tOo the Fund is included in the pay­ ment, and (ii) such other information within the knowledge of the school board as the Board may reason­ ably require fo.r the administration Qf the Fund.

Section 19 is amended by striking out subsection (1) and by substituting the. following: 19.

(1) If any school board defaults in the payment Qf all Qr part of the moneys required tOo be retained by it, or

Explanatory Notes I. This Bill will amend

chapter 3 1 61 of the Revised Statutes of Alberta 1970. 2.

Section ,116 (1) presently reads: 16.

(1) Every teacher shall contribute .to the Fund such amount of his salary, being not less than 3 per cent nor more than 7 per cent thereof as the Board may prescribe by by-law, until he has contributed for an aggregate of 35 years of service .or until he attains the age of 65 years, whichever occurs first. 3.

Section 18 (1) prelsently reads: 18.

(1) EVery school board shall pay the moneys required to be re­ tained by it under

section 17 to the Board as oontributions to the Fund by its teachers at such time or times as the Board may appoint in writing and in the manner prescribed by the Board, and with every such payment shaJI furnish to the Board a oorrect statement so certi­ fied by its sec'retary or other proper officer showing the name of each teacher whose contributions to the Fund are included in the payment, the am.ount of salary earned by him, and such other information within the knowledge of the school board as the Board may reasonably require for the due administration of the Fund. 4.

Section 119 (1) presently reads: 19.

(1) If any school board fails to make payment of the moneys re­ quired ,to be retained by it, or any part thereof, at the time or times appo-inted by the Board the Minister shall retain from the next leg­ islative grant payable tb the school board the amount by Which it is then in default of payment, and shall pay the amoun~ so retained to thn Board as contributions by the teachers but the MinIster may, upon the !'eljllest of the Board, and until the prescribed. statements have been provided to the Boa'l"d, retain all or any part of tile grant,

in the furnishing of any of the prescribed statements rela­ tive thereto, the Minister may, upon the request of the Board, retain all or any portion of the next legislative grant otherwise payable to that school board until the de­ fault is rectified, and in :the interim the Minister may pay to the Board out of that grant an amount 'equal to the pay­ ment in default. 5 .

Section 20 is amended by striking out subsection (3) and by sUbstituting the following:

(3) The Alberta Teachers' Association shall, at the times and in the manner prescribed by the Board, (

a) pay to the Board as contributions to the Fund all amounts so retained, and (

b) furnish the Board with a rCorreCit statement showing (

i) the name and salary of each teacher whos'e contributions to the Fund are included in the payment, and (ii) such other information within the knowledge of the Alberta Teachers' Association as the Board may reasonably require for the admin­ istration of the Fund.

Section 23 is amended by striking out subsection (3) and by substituting the following:

(3) The Board of Governors shall, at the vimes and in the manner prescribed by the Board, (

a) pay to the Board as contributions to the Fund all amounts so retained, and (

b) furnish the Board with a correct statement showing (

i) the name and salary of each university teacher whose contributions to the Fund are included in the payment, and (ii) such other information within the knowledge of the Board of Governors as the Board may reasonably require ~or the administration of the Fund.

Section 24 is amended by striking out subsection (6) and by substituting the following:

(6) The college board shall, at the times and in the manner prescribed by the Board, (

a) pay to the Board as contributions to the Fund all amounts soo retained, and (

b) furnish the Board with a correct statement showing (

i) the name and salary of each academ ic staff 2

5. Seetion 20(3) presently reads:

(3) The Alberta Teachers' Association ·shall promptly pay the amounts so retained to ,the Board as' contributions by the teach"rs in its employ to the Fund and with every such payment shall furnish to the Board a cor1'ect statement, so eertifi8d by its secretary or other proper officer, showing the name of each teacher whose contributions to the Fund are included in the payment, the amount of salary earned by him, and such other info·rmation within the knowledge of The Alberta Teachers' Asso­ ciati·on as the Board may reasonably require for the due administration of the Fund. 6.

Section 23 (3) presenJtly reads:

(3) The Board of Governors shall promptly pay the amounts so re­ tained to the Board as contrihutions by the university teachers to the Fund and with every such payment shall furnish to the Board a correct stat8ment showing ,the name of each university teacher whose contribu­ tions to the Fund ape included in the payment, the amount of salary earned by him, and such other information within the kno·wledge of the Board of Governors as the Board may reas:onably require for the due administration of the Fund. 7.

Section 24 (16) presently reads:

(6) The college board shall promptly pay the amounts' so retained to the Board as contributions by the academic staff member to the Fund and with every payment shall furnish to the Board a correct statement showing thl'\ name of each academic staff member whose contributions to the Fund are included in the payment, the amount of salary earned by him, and any other information within the knowledge of the college board which the Board may reasonably require for the due administra­ tion oli the Fund. 2

member whose cDntributiDns tD the Fund are included in the payment, and (ii) such 'Other infDrmwtion within the knowledge of the college bDard as the BDard may reason­ ably require for the administration of the Fund.

Section 25 is amended (

a) by striking out subsection (1) and by substituting the following: 25.

(1) A teacher who within three months of last 'CDntributing to the Fund, Dr within such longer period as the BDard may 'On written avplication approve, becomes employed by a lOGal of The Alberta Teachers' AssDciatiDn in any positiDn requiring the hDlding 'Of a certificate 'Of qualificatiDn issued under The Department 0'1 Education Act, shall contribute to the Fund frDm the cDmmencement of such em­ plDyment and shall be deem'ed tD be a teache,r while SD employed. (

b) by striking out subsection (4-) and by substituting the following:

(4) The IDeal shall, at the times and in the manner pres'Cribed by the BDard, (

a) pay tD the Board as contributiDns tD the Fund all amDunts S'O retained, and (

b) furnish the B'Oard with a CDrrect statement shDwing (

i) the name and salary 'Of each teacher whos'e cDntributiDns to the Fund are included in the paym'ent, and (ii) such other infDrmatiDn within the knowl­ edge 'Of the I'D cal as the B'Oard may reason­ ably require fDr the administratiDn 'Of the Fund.

Section 28 is amended by st,riking out subsection (2) and by substituting the following:

(2) The private SChDDI shall, at the times and in the manner prescribed by the BDard, (

a) pay tD the BDard as contributi'Ons rbo the Fund all amDunts so retained, and (

b) furnish the BDard with a CDrrect statement shDwing (

i) the name and salary 'Of each private school teacher whose cDntributiDns tD the Fund are included in the payment, and (ii) such 'Other infDrmati'On within the knDwledge 'Of the private schoDI as the BDard may reaSDn­ ably require for the administration of the Fund. 3

Section 215 (1) and (4) presently read: 25.

(1) A teacher who becomeS empLoyed as a full-time secretary or secretary-treasurer by a Iocal ,of The Alberta Teachers' A,ssociation within three months of the date of his last contributi'On to the Fund, or within such longer period as the Board may approve on written application, shall continue to contribute to. the Fund from the com­ mencement of such employment and shall be deemed to be a teacher while so employed.

(4) The local shall pr·omptly pay the amounts ,so retained to the .Board as contributions. by the teacher to the Fund and with every such payment shall furnish to the Board a correct statement ,s.o certified by its secretary or other proper office·r showing the name of the teacher whose contribution t'O the Fund is made by the payment, the amount of salary earned by him, and such other information within the knowl­ edge of the local as the Board may reas.onablyrequire for the due administration of the Fund.

Section 2:8 (1) presently reads: 28.

(1) Each private school shall retain fr'Om the salary of each .of its private school teachers the amount required to be contributed by him to the Fund under flection 27 and shall deduct the am.ount from each payment t'O the private school teacher .on account of salary. 3

Section 32, subsection (1), clav.,.se (

b) i.s amended by adding the word "immediately" before the word "there­ after".

Section 34.1 is amended by striking out subsection (1) and by substituting the following: 34.1

(1) Notwithstanding the provisions of this Act, for the purpose of maintaining an approximate parity with the cost of living, the Lieutenant Governor in Council (

a) may from time to time authorize the Board to make specific or general adjustments in either or both of (

i) the amount of pensions, or any class thereof, provided by this Act, and (ii) the amount of any retirement benefit, other than a pension, which may be granted to a teacher by the Board or some other body, and (

b) shall specify an effective date for the adjustments and stipulate the portion, if any, of the cost of the adj ustments to be borne by the Government of Alberta, the Fund or the other body. 12. This Act comes into force on the day upon which it is assented to and upon so coming into force

section 8, clause (

a) and

section 11 shall be de.emed to have been in force at all times on and after May 1, 1971. 4

10. This change to

section 32 ( 1) (

b) will clarify the intent by expressing that in order to qualify under that section, ,the employ­ ment described therein must commence immediately upon the termination of employment as a teacher in Alberta. II.

Section 34.1 (1) and (2) presently read: 34.1

(1) Notwithstanding the pl"'ovisions of this' Act, for the purpose of maintaining an approximate parity with the cost of living, the Lieutenant Governor in Council may authorize the Board from time to time to make specific or general adjustments in the amount of pensions O'r any class thereof, effective from such time as may be specified in the order, and in each such case shall stipulate the portion of the cost of the adjustments to be borne by the Provincial Government and the Fund respectively.

(2) Nothing in subsection (1) empowers the Lieutenant Governor in Council to make specific 10,1' general adjustments in the amount of pen­ sions or any class thereof which would have the effect of reducing the amount of a pension to a level below that to which a person becomes entitled (apart from subsection (1» under this Act. 4 Title: 1973 (17th, 2nd) Bill 43, The Teachers' Retirement Fund Amendment Act, 1973