Bill 47 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 47 Special Forces Pension Plan Act the Provincial Treasurer (Legislature 20, Session 3)

L20 S3 3385

Alberta — Bills

1985 BILL 47 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 47 SPECIAL FORCES PENSION PLAN ACT THE PROVINCIAL TREASURER First Reading Second Reading Committee of the Whole Third Reading Royal Assent r nu t »#< • Fftfn H

Bill 47 BILL 47 1985 SPECIAL FORCES PENSION PLAN ACT (Assented to , 1985) TABLE OF CONTENTS

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

PART 2 PARTICIPATION The participants '' Normal pensionable age ' ^

PART 3 CONTRIBUTIONS Disposition of contributions | ^ Current service and current employer contributions 14 Prior service contributions by employer • 5

PART 4 PENSIONABLE SERVICE Computation of pensionable service ^" PARTS BENEFITS 1 7

Definitions 1

Division 1 Retirement Benefits Pension on retirement at normal pensionable age jg Altemative forms of pension 19 Co-ordination of certain pensions with C.P.P. and O.A.S. 20 Pension on early retirement 21 Pension on late redrement 22 Disability pensions 23 Postponement of pension 24 Spousal protection 25 Failure to select pension 26 Pension adjustments 27 Division 2 Death Benefits Benefit on death before commencement of pension 28 Additional payments for spouse or dependent minor 29 Division 3 Benefits on Termination Termination after 5 years' pensionable service 30 Termination before 5 years' pensionable service 31 Division 4 Miscellaneous Transfer of pensions under reciprocal agreements 32 Beneficiaries 33 Matrimonial property orders 34

PART 6 APPEALS Appeal to the Board 35 Appeal to the Court of Queen's Bench 36

PART 7 MISCELLANEOUS Advance against pension 37 Actuarial tables 38 Participation statement 39 Exercise of benefit choice 40 Payment of benefits 41 Liability of benefits to legal process 42 Prohibition against assignment 43 Overpayments and deficiencies 44 Retum of money 45 Retentions for default 46 Rights and obligations under former Act 47 Lieutenant Govemor in Council regulations 48 Ministerial regulations 49 Application of regulations 50 PARTS CONSEQUENTIAL, TRANSITIONAL, REPEAL AND COMMENCEMENT Consequential 51 Transitional 52 Repeal 53 Coming into force 54

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

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

Part 5; (b) "Board" means the Special Forces Pension Plan Board estab lished by

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

section 14(1); (e) "employee" means (

i) a police officer employed by a local authority on a full- time continuous basis, (ii) a police officer or former police officer who is on a leave of absence from a local authority's police force or in receipt of benefits under its disability plan and is prescribed to be an employee of a local authority, or (iii) any other person employed by a local authority in a po sition prescribed by the Minister who immediately before the commencement of this

section was participating in the pen sion plan under the former Act, but does not include any person prescribed not to be an em ployee; (f) "employer" means a local authority that employs a partici pant or occupies a former employer relationship in relation to a participant; (g) "former Act" means the Special Forces Pension Act; (h) "local authority" means (

i) a body any of whose workers participate or are eligible to participate in the Local Authorides Pension Plan, or (ii) any other body that employs police officers and is pre scribed to be a local authority; (i) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in Council with the admin istration of this Act; G) "normal pensionable age" means the age specified in secdon 12; (k) "participant" means a person who is a participant ofthe Plan by virtue of

section 11; (1) "pension" means a pension under the Plan;

(m) "pensionable service" means service in respect of which con tributions have been made under

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

section 2 as the Special Forces Pension Plan; (o) "police officer" means a peace officer who is a member of a police force with authority to enforce federal and provincial stat utes in force in Alberta generally, excluding a person acdng solely as a special constable or auxiliary constable; (p) "potential service" means a period that a participant could have served as a police officer until he attained normal pension able age had he not become totally incapacitated, mentally or physically, for gainful employment or had he not died; (q) "prescribed" means prescribed or otherwise provided for by regulations made by the Lieutenant Govemor in Council or, where so specified, by the Minister; (r) "prior service" means any service other than that for which current service contributions are made; (s) "reciprocal agreement" means a reciprocal or any other agree ment entered into under

section 32(2), and includes an order under

section 32(3); (t) "salary" means (

i) an employee's gross basic pay for the performance of the regular duties of his employment, excluding, except as pre scribed by the Minister, any expense allowance, overtime payment, special remuneration or other similar compensa tion, or (ii) in the case of an employee falling within a prescribed class of employees, the pay or deemed pay prescribed in re spect of that class as salary; (u) "service" means a period, being before a person's normal pensionable age, during which a person is or was employed by a local authority, a party to a reciprocal agreement or a public body approved by the Minister, and includes (

i) a period of service in the Canadian or allied forces, or in a merchant navy serving the Canadian or allied cause, during World War II or the Korean Conflict, (ii) a period of peacetime military service in the Canadian Forces, (iii) potential service prescribed by the Minister, and (iv) a period prescribed as service during which a person is (

A) on a leave of absence, or (

B) in receipt of benefits under a disability plan;

(v) "spouse" means (

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

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

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

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

A) lived with the participant or former participant (

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

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

i) or (ii) applies, a person who was married to but separated from the partici pant or former participant and not dependent on him at the relevant time.

(2) The Lieutenant Govemor in Council may, for the purposes of this Act, by regulation define any expression used in this Act but not defined, and the expression has the meaning so defined.

(3) To the extent that a person is or was employed by a commission as defined in the Police Act, he shall, to that extent and for the purposes of this Act, be deemed to be or to have been employed by the local authority that established the commission.

Special Forces Pension Plan The Plan 2 The pcnsion plan provided for by and under the former Act is continued, subject to this Act and the regulations, as the Special Forces Pension Plan, PART1 ADMINISTRATION Division 1 The Minister Administration ofthe Plan Report to the Legislative Assembly 3 The Minister shall administer the Plan. 4(1) The Minister shall prepare and lay before the Legislative As sembly a report on the operation of the Plan with respect to each fiscal year.

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

(3) The Minister shall conduct an estimate ofthe actuarial liabilities of the Plan at least once every 5 years. Establishment, composition, term of ofTicc, etc. Chairman and vice-chairman Support services Objects of thc Board Advisory functions of thc Board Division 2 The Special Forces Pension Plan Board 5(1) There is hereby established a board known as the Special Forces Pension Plan Board.

(2) The Board shall consist of not fewer than 5 persons appointed members of the Board by the Lieutenant Govemor in Council.

(3) The Lieutenant Govemor in Council shall appoint 1 ofthe mem bers of the Board from among participants and another from among persons nominated by the employers.

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

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

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

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

a) to conduct the hearing of appeals under

Part 6; (

b) to provide advice to the Minister under

section 9; (

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

section 10; (

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

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

a) the adequacy of contributions to meet benefits, (

b) adjustments to pensions under

section 27, (

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

d) benefits.

limits, etc. (

e) reciprocal agreements, (

f) recognition of prior service, (

g) eligibility and participation in the Plan, and (

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

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

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

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

(2) Where (

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

b) and (

c) apply, (

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

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

section 40(2) could materially prejudice the best interests of the recipient or his de pendants, the Board may, on application to it, treat that choice as revoked, extend the time limit for making the choice and order any conse quential adjustments in the benefits.

(3) Where (

a) a benefit choice has been made, and (

b) the Board is satisfied that (

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

The participants Normal [jcnsionablc age

PART 2 PARTICIPATION 11(1) Subject to any prescribed modifications and conditions, the following are the persons who are to participate in the Plan: (

a) employees falling within

section l(l)(e)(

i) or (ii) in or with respect to a police force that has been brought under the Plan (

i) by regulation made under subsection (2), or (ii) under the former Act; (

b) employees falling within

section l(l)(e)(iii).

(2) The Minister shall, on application by a local authority in respect of its police force and with the consent of the police association, by regulation bring that police force under the Plan. (3) Subsection (1) does not apply to an employee (

a) who has attained normal pensionable age, (

b) who, (

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

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

d) who falls within any class of employees prescribed as being excepted from the Plan. 12 The normal pensionable age, for the purpose ofthe Plan, is 60 years of age. Disposition of contributions Current service and current employer contributions

PART 3 CONTRIBUTIONS 13 All contributions shall be made and remitted to the Provincial Treasurer for disposition under the Pension Fund Act. 14(1) Subject to subsection (2), a participant and his employer shall, at the intervals prescribed by the Minister, make contribudons at an aggregate rate of 14% of the participant's salary, and the Minister shall take the division between current service contributions and employer contributions to be that reported to him by the employer.

(2) Current service contributions and employer contributions under subsection (1) are not to be made after a participant has accumulated 35 years of pensionable service.

Prior service contributions by employer

(3) The employer is liable for the remittance of the current service contributions, for which purpose he may withhold those contribu tions from the salary payments. 15 An employer shall make contributions in respect of a leave of absence in such circumstances and in such amounts as are prescribed.

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

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

b) subject to

section 29(5), potential service; (

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

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

section 29(2) could, when alive, have had taken into account as pensionable ser vice on payment of the required contributions, and (

v) any other service.

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

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

(3) Service that is recognized as pensionable under any other pension plan under which a person is or will be entitled to receive or is receiving pension benefits may not be taken into account as pension able service.

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

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

(6) Notwithstanding subsecdon (l)(b), potential service is not to be taken into account in compudng the length of pensionable service that a person accumulated for the purposes of determining whether a person is entitled to a benefit.

PARTS BENEFITS

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

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

section 16(2) for service described in

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

section 18(2) and in the form specified in

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

a) in the case of a person whose service includes at least 5 years' pensionable service with a local authority or a party to a recip rocal agreement, his average annual salary in the 5 consecudve years of (

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

section 16(1), with a local authority or party to a reciprocal agreement over which his average salary was the highest, or (

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

(2) A participant who (

a) ceases to be an employee at normal pensionable age, and (

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

(3) A pension under subsecdon (2) is payable for the life of the pen sioner or the term of 5 years, whichever is the longer.

(4) Notwithstanding subsection (2), any pension payable in the form specified in subsection (3) shall be reduced, on the first day of the month following the date the pensioner becomes or would have be come 65 years of age, to the amount specified in subsection (2) less 0.6% of that part of his pensionable salary that does not exceed the annual average of the year's maximum pensionable eamings, within the meaning of the Canada Pension Plan (Canada), for the 5 consec utive years immediately preceding his ceasing to be an employee multiplied by the number of years of his pensionable service occur ring after December 31, 1965.

(5) Notwithstanding subsection (3), where a former participant re ceiving a pension in the form specified in that subsection dies leaving a surviving spouse to whom he was married or with whom he lived for at least 5 years before his death, (

a) the pension is payable to that spouse for life in an amount equal to 65% ofthe pension that would have been payable to the former participant had he continued to live, and (

b) if the surviving spouse is more than 10 years younger than the deceased, the pension payable to the surviving spouse shall be reduced by 1% for each year or part of a year of the age difference that is in excess of 10 years. Alternative 19(1) A pcrson is entitled, as an altemadve to taking a pension in forms of pension ^j^^ ^^^^ spccificd in sccdou 18(3), to sclcct a form of pension from one of the following: (

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

b) a guaranteed term pension, payable for the term selected by him of 10, 15 or 20 years or the life ofthe pensioner, whichever is the longer; (

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

i) in the same amount as the amount payable before the death, (ii) in the amount of % of it, or (iii) in the amount of V2 of it, to the survivor for his life.

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

(3) Where an altemadve form of pension is selected under subsec don (1) or (2), the pension shall be in an amount that is actuanally equivalent to the pension to which it is an altemative. 11

(4) A pension in an altemative form shall be reduced at the time and in the manner specified in

section 18(4).

(5) The term under a guaranteed term pension under the Plan may not end later than the day before the pensioner's 86th birthday Co-ordination of 20 Notwithstanding anything in the Plan, in the case of pensions wi?h c.p.p"and' commencing before the age of 65 years, the Minister may prescribe oAS. bases for co-ordinating pensions with the estimated Canada Pension Plan retirement pension and Old Age Security benefit on an actuarial equivalency basis. Pension on early 21(1) A participant who ccascs to be an employee retirement (

a) on attaining or having attained the age of 55 years but not normal pensionable age and having accumulated at least 5 years' pensionable service, or (

b) having accumulated at least 25 years' pensionable service, irrespective of his age, becomes entitled to receive a normal pension.

(2) A participant who (

a) ceases to be an employee on attaining or having attained the age of 50 years but not 55 years, and (

b) has accumulated at least 5 years' pensionable service becomes entitled to receive a benefit described in subsection (3).

(3) The benefits referred to in subsection (2) are (

a) one referred to in

section 30(a), (

b) or (c), (

b) where the Minister gives his approval in writing, a pension in the form of a normal pension and in an amount that is actu arially equivalent to the normal pension that would be payable to him if his age were 55 years, or (

c) where the prescribed circumstances apply, a normal pension. 22 A former participant who (

a) ceases to be an employee after continuing to be an employee beyond his normal pensionable age, and (

b) has accumulated at least 5 years' pensionable service becomes entitled to receive a pension in the form of a normal pen sion and in an amount that is actuarially equivalent to the normal pension that would have been payable to him at normal pensionable age. 23(1) Subject to subsection (3), a person who, before attaining the age of 55 years, (

a) has accumulated at least 5 years' pensionable service, (

b) satisfies the Minister as to his total mental or physical inca pacity for gainful employment, and Pension on late retirement Disability pensions 12

(

c) either Postponement of pension Spousal protection (

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

section 30(c), becomes and, subject to reguladons under secdon 48(h), is endded to receive a normal pension.

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

a) has accumulated at least 5 years' pensionable service, (

b) satisfies the Minister that he (

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

c) either (

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

section 30(c), becomes and, subject to regulations under

section 48(h), is entided to receive a pension in the form of a normal pension and in an amount that is actuarially equivalent to the normal pension that would be payable to him if his age were 55 years.

(3) A person is not entitled to receive any pension if he is receiving benefits under a disability plan that satisfies the criteria prescribed for disability plans and is filed with the Minister. 24(1) A person who is to receive a pension under

section 18, 21(1), 22 or 30(

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

(2) When a pension that was postponed becomes payable, it shall be in the form of a normal pension and in an amount that is actuarially equivalent to the normal pension or the pension in the form of a normal pension that would have been payable had the postponement not been made. 25(1) In this section, (a) "pensioner" includes a prospective pensioner; (b) "spouse" means the person, if any, who is or was the spouse of a pensioner at the time (

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

section 26, or 13

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

section to have chosen the pension mentioned in that section.

(2) Notwithstanding anything in this Act except subsecdon (3) and

section 18(4) and (5), a person who is to receive a pension and who has a spouse shall be deemed for the purposes of the Plan to have chosen a normal pension, if he was married to or lived with that spouse for at least 5 years before the commencement of the pension. (3) Subsection (2) does not apply where there is filed with the Min ister, before the pension commences to be paid, (

a) a statutory declaration in the form prescribed by the Minister by the spouse that (

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

section and waiving those rights, and (ii) is signed by the spouse in the presence of the person before whom the declaration is administered and outside the immediate presence of the pensioner, or (

b) a matrimonial property order. 26 Where a person who is entitled to a choice of pensions is re quested in writing by the Minister to make the choice and he fails to do so within 3 months after the request is sent, he shall be deemed for the purposes of the Plan to have chosen a pension in the form of a normal pension. 27(1) Notwithstanding anything in this Act, the Lieutenant Gover nor in Council may by regulation, for the purpose of maintaining approximate parity with the cost of living, make adjustments in the amounts payable as pensions.

(2) No adjustment under subsection (1) may reduce a person's pen sion to an amount below that to which the Plan, apart from that subsection, entitles him. Division 2 Death Benefits 28 Where a person, other than a pensioner, who has employee con tributions in the Plan that have not been retumed to him dies, an amount equal to the unretumed employee contribudons, with inter est, shall be (

a) paid to his surviving spouse, (

b) if he has no spouse surviving him, paid to his dependent minor child or shared equally between his minor dependent chil dren surviving him, or (

c) if he has no spouse or dependent minor children surviving him, paid to the person entitled to receive any benefit on his death. 14

Additional 29(1) Where payments for dependent minor (

s) thc pcrson entitled to payment under

section 28 is (

i) the surviving spouse of the deceased, or (ii) a dependent minor child of his, and (

b) the deceased had accumulated at least 5 years' pensionable service or died while he was an employee, the spouse or the dependent minor child is also entitled to receive a further amount equal, in the case of the surviving spouse or where there is only 1 such child, to the current service contributions and any other prescribed employee contributions not previously returned to the deceased, with interest, and where there are 2 or more such children, to the amount of those contributions, with interest, divided by the number of children so entitled.

(2) Where the deceased had accumulated at least 5 years' pensiona ble service and had a surviving spouse entitled to payment under

section 28, the surviving spouse may elect to be paid, instead of the payments under subsection (1) and

section 28, (

a) a pension in the form and in the amount that would be pay able to a surviving spouse under

section 18, and (

b) if there are surviving dependent minor children in addition to the surviving spouse, an additional pension in the amount of 10% ofthe amount ofthe normal pension ofthe deceased for the benefit of each surviving dependent minor child, but payable in respect of no more than 3 such children, until the end of the month in which the child dies or attains the age of 18 years, whichever event first occurs.

(3) If there is no surviving spouse but there are surviving dependent minor children, the children's legal guardian may elect to be paid, instead ofthe payments under subsection (1) and

section 28, a pen sion in the amount of 15% of the amount of the normal pension of the deceased for the benefit of each dependent minor child but pay able in respect of no more than 4 such children, and the pension payments in respect of a surviving dependent minor child shall cease at the end of the month in which the child dies or attains the age of 18 years, whichever event first occurs.

(4) If the surviving spouse remarries, the entitlement of the surviv ing spouse to the pension under subsection (2)(

a) ceases at the end of the month in which the remarriage occurs and the spouse is then entitled to receive a lump sum payment equivalent to 24 monthly pension payments as full settlement.

(5) Potential service shall be excluded from the computation of a pension under subsecdon (2) or (3) unless the deceased had accu mulated at least 10 years' pensionable service through service as a member of a police force in Alberta.

(6) References in this

section to the amount of the normal pension of the deceased are references to the amount of pension that a de ceased would have received had he commenced to receive a pension immediately before his death, using the formula specified in

section 15

18(2) and, subject to subsection (5), taking into account potential service from the date of his death.

(7) If the deceased's surviving spouse is not the legal guardian ofthe surviving dependent minor children, then, notwithstanding subsec tion (2)(b), the pension payable under that clause shall be paid to the children's legal guardian for their benefit. Division 3 Benefits on Termination Termination after 5 years' pensionable scrvicc Termination before 5 years" pensionable service 30 Where a participant who has accumulated at least 5 years' pen sionable service ceases to be an employee before he becomes entitled to receive a pension, he may choose (

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

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

c) to receive, when he attains the age of 55 years, a normal pension. 31 Where a participant who has accumulated less than 5 years' pen sionable service ceases to be an employee, he may elect to receive the benefit specified in

section 30(

a) or (b). Transfer of pensions under reciprocal agreements Division 4 Miscellaneous 32(1) The Lieutenant Govemor in Council may prescribe conditions goveming the provisions to be included in or excluded from recip rocal agreements or particular reciprocal agreements entered into or made after the commencement of this section, and the Minister shall ensure that those reciprocal agreements comply with those condi tions.

(2) The Minister may enter into a reciprocal or any other agreement with any govemment, local authority within the meaning ofthe Local Authorities Pension Plan Act or other public body, any of whose workers is subject to a pension plan, for the purposes of enabling the transfer of pension entitlements between the Plan and any such plan.

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

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

(5) An agreement entered into under subsection (2) is not invalid by reason only of its failing to comply with the condidons prescribed under subsection (1). 16

Beneficiaries Matrimonial property orders 33(1) Any person on whose death a benefit is payable is a participant for the purposes of secdon 47 ofthe Trustee Act.

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

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

(4) Where (

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

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

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

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

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

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

(8) The right of any person under

section 47 of the Trustee Act or this

section to a benefit is subject to any rights given by Division 1 or 2 to any other person. 34 Subject to

section 42, the right of any person to receive a benefit is subject to the rights of a spouse or former spouse of his arising under a matrimonial property order. Appeal to the Board

PART 6 APPEALS 35(1) A party aggrieved by a decision ofthe Minister under or in reladon to Parts 2 to 5 or the prescribed provisions ofthe regulations, other than a decision under secdon 32 or one that could be the subject-matter of an application under secdon 10, may appeal against that decision to the Board. 17

Appeal to thc Court of Queen's Bench

(2) A party wishing to appeal to the Board under this secdon must serve the chairman of the Board with a notice of appeal in the form prescribed by the Minister within 30 days of being notified in writing of the decision appealed against or within such longer period as the Board may, on application, allow.

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

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

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

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

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

section 1(

a) ofthe Administrative Procedures Act.

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

(7) The Board shall serve the appellant and persons who received a notice of appeal with a copy of its decision, including the reasons for the decision. 36(1) A party aggrieved by a decision ofthe Board under secdon 35 may, within 30 days ofthe date of service ofthe Board's decision on him or such longer period as the Court may allow, appeal to the Court of Queen's Bench on a question of law or jurisdiction.

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

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

PART 7 MISCELLANEOUS Advance against 37(1) Whcrc thcTc is 3 delay in processing a pension beyond 30 days pension ^^^^ ^^^ cffcctive datc of the commencement of the pension, the Provincial Treasurer may advance money to the pensioner against the pension.

(2) An advance under subsecdon (1) does not consdtute the com mencement of pension payments for the purposes of this Act. 38 The actuarial tables to be used for the purposes of the Plan or for particular provisions ofthe Plan are those prescribed by the Min ister. 39 The Minister shall, once in each year, provide each participant with a statement containing the information prescribed by the Min ister about the participant's participation in the Plan. Actuarial tables Participation statement 18

Exercise of benefit choice Payment of benefits Liability of benefits to legal process Prohibition against assignment Overpayments and deficiencies 40(1) A person wishing to exercise a choice in relation to a benefit must do so by giving written notice to the Minister indicating the choice.

(2) Subject to

section 10(2) and (3), a choice made, including a choice deemed to be made, in relation to a benefit is irrevocable when, and is not irrevocable until, the benefit is received or commences to be paid. 41 The payment of all benefits is guaranteed by the Government. 42 A person's interest in a benefit is not subject to garnishee pro ceedings, attachment, seizure or any legal process, except pursuant to

section 46 or in respect of a failure to account for public money within the meaning of the Financial Administration Act. 43 A person may not assign his interest in a benefit. 44 Any overpayment of benefit paid or underpayment of contribu tion payable is recoverable by the Provincial Treasurer, with interest, as a debt due to the Govemment. Return of money 45 If thc Miuistcr fiuds that a person paid a contribution that was not, or was in excess of what was, payable, the Minister shall repay the contribution or the excess, with interest.

Retentions 46(1) The Provincial Treasurer may withhold from any benefit pay- for default ^^^^ ^ ^^^ sufficient to meet any amount by which the person en titled to the benefit is indebted under the Plan to the Govemment or an employer.

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

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

section in satisfaction ofthe debt or liability to the Government or, as the case may be, pay it to the employer for application in sadsfacdon of the debt or liability to the employer. Rights and 47(1) No pcrson is endded to any benefit or other right provided for fo^r'^J Act ""**" by or under the former Act except in so far as the benefit or right is provided for by or under this Act. (2) Subsection (1) does not affect the amount of any benefit payment of which commenced before the commencement of this section.

(3) A person who was in receipt of a pension immediately before the commencement of this Act continues, subject to this Act and the regulations, to be entided to receive that pension. Lieutenant Govemor in Council regulations 48 The Lieutenant Govemor in Council may make regulations (

a) respecdng the manner in which benefits are payable, includ ing the commutation of pensions; 19

(

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

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

d) respecting rates of interest; (

e) respecting the suspension of pensions of pensioners who be come engaged to work for an employer or a former or successor employer again and the treatment of those persons for the pur poses ofthe Plan, including the linkage ofthe separate periods of pensionable service and the repayment of amounts received as pension, with interest; (

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

section 49(

h) or (

i) is not submitted; (

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

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

i) prescribing the death benefit payable where a person who is entitled to a pension, or who would be so entitled but for its postponement, dies before making a choice as to the form of pension to be taken; (

j) prescribing any matter or thing that by this Act may or is to be prescribed by the Lieutenant Govemor in Council. Ministerial 49 The Minister may make regulations regulations (

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

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

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

d) requiring employers periodically to (

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

e) respecdng the calculation of benefits; (

f) respecting the dmes that constitute the effecdve dates for the commencement of pensions; (

g) respecting the times when guaranteed terms of years are to be treated as commencing or continuing; 20

(

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

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

j) prescribing any matter or thing that by this Act may or is to be prescribed by the Minister. Application of 50(1) Regulations under this Act may be made to apply generally or regulations ^-^j^ rcspcct to particular components of the Plan.

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

section l(l)(e), (t)(

i) or (u)(iii), 11, 27(1) or 32(1) is, if so provided in the order or regulation, effective from a date prior to that on which it would otherwise have been effective. Consequential Transitional Repeal Coming into force PARTS CONSEQUENTIAL, TRANSITIONAL, REPEAL AND COMMENCEMENT 51

(1) Part 3 ofthe

Schedule to the Legislative Assembly Act is amended by striking out "Special Forces Pension Board" and substituting "Special Forces Pension Plan Board".

(2) Section 5(l)(

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

(3) Section 2(2) of the Police Officers Collective Bargaining Act is amended by adding "Plan" after "Pension". 52(1) The Special Forces Pension Board shall transfer to the Minister all the documents that were in its possession under the former Act, and documents filed with that Board shall be deemed for the purposes ofthis Act to have been filed with the Minister

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

(3) Notwithstanding

section 32 or anything to the contrary in this Act, the subsisting reciprocal agreement entered into under the former Act with respect to the Local Authorities Pension Plan is valid according to its terms until rescinded in so far as it is not varied by a reciprocal agreement under that section. 53 The Special Forces Pension Act is repealed. 54 This Act comes into force on Proclamation. 21 Title: 1985 (20th, 3rd) Bill 47, Special Forces Pension Plan Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3385
Type	bill
Volume / chapter	L20 S3 3385
Language	en
Format	json
Source	PROVINCIAL
Identifier	7bace69d3a2012526c3d4495a833fa7df569368b

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