Bill 57 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 57 Public Service Pension Plan Act the Provincial Treasurer (Legislature 20, Session 2)

L20 S2 3526

Alberta — Bills

1984 BILL 57 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 57 PUBLIC SERVICE PENSION PLAN ACT THE PROVINCIAL TREASURER First Reading Second Reading Committee of the Whole Third Reading Royal Assent

BiU 57 BILL 57 1984 PUBLIC SERVICE PENSION PLAN ACT (Assented to . 1984)

Interpretation The Plan TABLE OF CONTENTS Public Service Pension Plan PARTI ADMINISTRATION Division 1 The Minister Administration of the Plan 3 Report to the Legislature 4 Division 2 The Public Service Pension Plan Board Estabhshment, composition, term of office, etc. 5 Chairman and vice-chairman 6 Support services ' Objects of the Board ^ Advisory functions of the Board ^ Board's power to extend time limits, etc. ^^

PART 2 PARTICIPATION The participants Normal pensionable age

PART 3 CONTRIBUTIONS 13 Disposition of contributions Participant current service contributions | Employer contributions

PART 4 PENSIONABLE SERVICE Computation of pensionable service 16 1

PARTS BENEFITS E>efinition 17 Division 1 Retirement Benefits Pension on retirement at normal pensionable age 18 Altemative forms of pension 19 Co-ordination of certain pensions with C.PR and O.A.S. 20 Pension on early retirement 21 Pension on late retirement 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

PART 6 APPEALS Appeal to the Board 34 Appeal to the Court of Queen's Bench 35 PART? MISCELLANEOUS Advance against pension 36 Actuarial tables 37 Participation statement 38 Exercise of benefit choice 39 Payment of benefits 40 Liability of benefits to legal process 41 Prohibition against assignment 42 Overpayments and deficiencies 43 Retum of money 44 Retentions for default 45 Rights and obligations under former Act 46 Lieutenant Govemor in Council regulations 47 Ministerial regulations 48 Application of regulations 49

PARTS CONSEQUENTIAL, TRANSITIONAL, REPEAL AND COMMENCEMENT Consequential 5Q Transitional 5j Temporary provisions 52 Repeal 53 Coming into force 54 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: Inteipretation 1(1) In this Act, (a) "benefit" means a retirement benefit, death benefit or benefit on termination imder

Part 5; (b) "Board" means the Public Service Pension Plan Board estab lished by

section 5; (c) "contributions" means contributions under the Plan; (d) "current service contributions" means a participant's contri butions imder

section 14(1), and includes the corresponding con tributions under the former Act; (e) "employee" means (

i) a person employed by an employer under a contract of service and who satisfies the criteria prescribed for the pur poses of this subclause, or (ii) any other person prescribed to be an employee of an em ployer, and includes a member of a corporation referred to in subsection (3); (f) "employee contributions" means current service contribu tions, prior service contributions and any part of a sum trans ferred into the Plan under a reciprocal agreement that is recog nized by the Minister as employee contributions; (g) "employer" means the Govemment or any person who em ploys a participant under a contract of service and, in relation to a person who is a participant by virtue of his being a member of a corporation, includes that corporation; (h) "former Act" means the Public Service Pension Act (RSA 1980cP-35); (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

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

section 11;

(I) "pension" means a pension under the Plan; (m) "Plan" means the pension plan continued by

section 2 as the Public Service Pension Plan; (n) "prescribed" means prescribed or otherwise provided for by regulations made by the Lieutenant Govemor in Council or, where so specified, by the Minister; (o) "prior service" means any service recognized or recognizable under the Plan other than that for which current service contri butions are made; (p) "reciprocal agreement" means an agreement under

section 32, and includes an order under

section 32(3) and an agreement referred to in

section 32(7); (q) "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 paymeht, 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; (r) "service" means a period, being before a person's normal pensionable age, during which a person is or was employed by an employer, a party to a reciprocal agreement or a pubhc 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 service as a member ofthe Legislative Assem bly, the Executive Council or the Parliament of Canada, and (iii) any other period prescribed as service; (s) "spouse", with reference to a participant or former participant (in this clause referred to as "X"), means (

i) a person who, at the relevant time, was married to X and (

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

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

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

A) lived with X (

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 X, and

The Plan (

B) was, during that period, held out by X in the com munity in which they lived as X's consort, or (iii) if there is no person to whom subclause (

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

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

(3) For the purposes of this Act, a member of a corporation that is an employer, as well as being a part of that corporation, shall be deemed to be employed by it. Public Service Pension Plan 2 The pension plan provided for by and under the former Act is continued, subject to this Act and the regulations, as the Pubhc Ser vice Pension Plan. Administration ofthe Plan Report to the Legislature PARTI ADMINISTRATION Division 1 The Minister 3 The Minister shall administer the Plan. 4(1) The Minister shall prepare and lay before the Legislature a re port on the operation ofthe Plan with respect to each fiscal year.

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

(3) The Minister shall conduct an estimate ofthe actuarial liabilities ofthe Plan at least once every 5 years. Division 2 The Public Service Pension Plan Board Establishment, 5(1) There is hereby established a board known as the Public Service tem'l^f'offia, Pension Plan Board.

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

(3) The Lieutenant Govemor in Council shall appoint 1 of the mem bers of the Board from among persons nommated by the Aioerta Union of Provincial Employees.

(4) Subject to

section 20(l)(

b) ofthe

Interpretation Act a member of the Board holds office for the term fixed m 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.

Chairman and vice-chairman Support services Objects of the Board Advisory functions of the Board Board's power to extend time limits, etc.

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

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

a) to conduct appeals under

Part 6; (

b) to provide advice to the Minister under

section 9; (

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

section 10; (

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

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

a) the adequacy of contributions to meet benefits, (

b) adjustments to pensions under

section 27, (

c) the rate of interest payable on contributions, (

d) benefits, (

e) reciprocal agreements and recognition of prior service, (

f) eligibility and participation in the Plan, and (

g) the actuarial tables used for the purposes of the Plan. 10(1) Where (

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

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

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

(2) Where (

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

b) and (

c) apply, (

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

(

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

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

PART 2 PARTICIPATION The participants 11(1) In this scction, "Provincial agency" means a Provincial agency within the meaning of the Financial Administration Act.

(2) Subject to any prescribed modifications and conditions, the fol lowing are the persons participating in the Plan: (

a) employees appointed to positions in the pubhc service of Alberta; (

b) employees, including employees of a Provincial agency, who immediately before the commencement ofthis

section were par ticipating in the pension plan under the former Act; (

c) other employees of a Provincial agency approval of whose participation in the Plan is prescribed; (

d) members of any other class of employees prescribed as par ticipants. (3) Subsection (2) does not apply to an employee (

a) who has attained normal pensionable age, (

b) who, (

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

c) to whom the M.L.A. Pension Act. the Public Service Manage ment Pension Act, the Teachers' Retirement Fund Act or the Uni versities Academic Pension Act applies, (

d) excluded under

section 29(6) ofthe Public Service Act, (

e) who, immediately before the commencement ofthis

section was not included in the operation ofthe former Act by virtue of

section 42 of that Act, unless she applies to the Minister to be a participant in the Plan, (0 who is in receipt of a pension in respect of his own pension able service, or

Normal pensionable age (

g) who falls within any class of employees prescribed as being excepted from the Plan.

(4) The fact that an enactment empowers a Provincial agency to establish 1 or more pension plans for its employees and former em ployees and their dependants does not preclude the Lieutenant Gov emor in Council, on the application of the Provincial agency, from prescribing the approval of its employees under subsection (2). 12 The normal pensionable age, for the purpose ofthe Plan, is 65 years of age. Disposition of contributions Participant current service contributions 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 shall, at the intervals prescribed by the Minister, make contributions at the following rate: (

a) where his salary does not exceed the year's maximum pen sionable eamings within the meaning ofthe Canada Pension Plan (Canada), 4,75% of his salary, or (

b) otherwise, (i) 4.75% of the portion of his salary that is equal to those year's maximum pensionable eamings, and (ii) 6.25% ofthe remainder of his salary,

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

(3) An employer or any other person who pays a participant's salary is liable for the remittance of the current service contributions, for which purpose he may withhold those contributions from the salary payments. 15 As long as and at the same time as a participant is making current service contributions, his employer shall make contributions at a rate equal to the rate applicable to the participant.

PART 4 PENSIONABLE SERVICE Computation of 16(1) Subjcct to this scction, in computing the length of pensionable x^i^^^^^ service that a participant accumulated, the following periods of ser vice, 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) prior service with an employer in respect of which the con tributions prescribed for that service are made on the terms and conditions prescribed for it; 8

(

c) service that is recognized by the Minister as pensionable ser vice and is transferred into the Plan under a reciprocal agree ment, if the contributions prescribed for that service are made on the terms and conditions prescribed for it; (

d) any other prescribed service in respect of which the contri butions prescribed for that service are made on the terms and conditions prescribed for it,

(2) 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 accoimt as pension able service.

(3) Except as prescribed, service in respect of which contributions made have been retumed may not be taken into account,

(4) For the purposes of subsection (1), the regulations may treat only part ofthe service referred to in that subsection as counting towards a person's pensionable service. Definition Pension on retirement at normal pensionable < PARTS BENEFITS 17 In this Part, "normal pension" means a pension in the amount specified in

section 18(2) and m the form specified in

section 18(3). Division 1 Retirement Benefits 18(1) In this section, "pensionable salary" means a person's average annual salary in the 5 consecutive years of (

a) his pensionable service, and (

b) any fiirther service that would be pensionable service but only for its exceeding the 35 year aggregate hmit referred to in

section 16(1), over which his average salary was the highest.

(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 the aggregate of (c) 2% of his pensionable salary multiplied by the number of years of his pensionable service (if any) occurring before January 1, 1966, (d) 1.4% of his pensionable salary to a maximum of the annual average ofthe year's maximum pensionable eamings ^^athln the meaning ofthe 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 occurring after December 31, 1965, and (e) 2% of his pensionable salary in excess of the annual average of those year's maximum pensionable eamings for those 5 con secutive years multiplied by the number of years of his pension able service occurring after December 31, 1965.

(3) A pension under subsection (2) is payable for the hfe ofthe pen sioner or the term of 5 years certain, whichever is the longer. Alternative forms 19(1) A pcrson is entitled, as an altemative to taking a pension in of pension ^j^^ f^^^ Specified in

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

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

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

c) a joint life pension, payable during the joint hves 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 2/3 of it, or (iii) in the amount of 1/2 of it, to the survivor for his life.

(2) An altemative form of pension selected under subsection (

I) shall be in an amount that is actuarially equivalent to the pension to which it is an altemative form. Co-ordination of certain pensions with C.P.P. and O.A.S. Pension on early retirement 20 Notwithstanding anything in the Plan, in the case of pensions commencing before normal pensionable age, the Minister may pre scribe bases for co-ordinating pensions with the estimated Canada Pension Plan retirement pension and Old Age Security benefit on an actuarial equivalency basis. 21(1) A participant (

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

b) whose combined age and pensionable service amount to not less than 85 years, becomes entitled to receive a normal pension.

(2) A participant (

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

b) who has accumulated at least 5 years' pensionable service, and 10

Pension on late retirement Disability pensions (

c) to whom subsection (1) does not apply, becomes entitled to receive (

d) a benefit referred to in

section 30(

a) or (b), or (

e) a pension in the form of a normal pension that is actuarially equivalent to the normal pension that would be payable to him if his age were the lower of 85 years less his pensionable service or normal pensionable age. 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 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 (

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

b) satisfies the Minister as to his total mental or physical inca pacity for gainfiil employment, 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, whose incapac ity occurred before his attaining the age of 55 years and who has not yet received any pension payments, becomes entitled to receive a normal pension.

(2) Subject to subsection (3), a person who (

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

b) satisfies the Minister that he (

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

c) either (

i) ceases to be an employee and a participant as a result of that incapacity, or (ii) had elected to receive a deferred pension, whose incapac ity occurred before his attaining the age of 55 years and who has not yet received any pension payments, becomes entitled to receive a pension in the form of a normal pen sion that is actuarially equivalent to the normal pension that would 11

Postponement of pension Spousal protection Failure to select pension Pension adjustments be payable to him if his age were the lower of 85 years less his pensionable service or normal pensionable age.

(3) A person is not entitied to receive any pension if he is entitied to receive or is receiving benefits under a disability plan that com plies with 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, 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 an amount that is actuarially equivalent to the pension that would have been payable had the postponement not been made. 25(1) In this section, "spouse" means the person, if any, who is or was the spouse of a pensioner at the effective date ofthe commence ment of a pension.

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

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

a) there is filed with the Minister, before the pension com mences to be paid, a statutory declaration in the prescribed form 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) the pensioner has chosen a joint life pension referred to in

section I9(l)(c)(

i) or (ii) with the spouse as the designated nomi nee. 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 make adjustments in the amounts payable as pensions.

(2) No adjustment under subsection (1) may reduce a pension to an amount below that to which the Plan (apart from that subsection) entitles him.

(3) A regulation under subsection (1) may be made retroactive to the date specified in the regulation. 12

Additional payments for spouse or dependent minor Division 2 Death Benefits Benefit on 28 Where a person, other than a pensioner, who has made em- SmSent P^oyee contributions that have not been retumed to him dies, an of pension amount cqual to the unretumed employee contributions, with inter est, shall be (

a) paid to his surviving spouse, or (

b) if he has no spouse surviving him, paid to the person entitied to receive any benefit on his death, or, if there are 2 or more such persons entitled, shared equally between them. 29(1) Where the person entitled to payment under

section 28 is (

a) the surviving spouse of the deceased, or (

b) a dependent minor child of his, the spouse or the dependent minor child is also entitled to receive a fiirther amount equal to (

c) in the case of the surviving spouse or where there is only 1 such child, the employee contributions made by and not previ ously retumed to the deceased, with interest, and (

d) where there are 2 or more such children, the amount of those contributions, with interest, divided by the number of children so entitled.

(2) Where (

a) the deceased had accumulated at least 5 years' pensionable service, and (

b) he had a surviving spouse, his spouse may elect to be paid, instead of the payments under sub section (1) and

section 28, (

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

section 23(1) and had been entitied to exercise and had exercised the option described in

section 19(l)(c)(

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

d) a pension, payable for the term selected by the spouse of 5, 10 or 15 years certain or the life ofthe spouse, whichever is the longer, that is actuarially equivalent to the pension provided for under clause (c). Division 3 Benefits on Termination 30 Where a participant who has accumulated at least 5 years' pen sionable service ceases to be an employee before he becomes entitied to receive a pension, he may elect (

a) to receive an amount equal to the employee contributions made by and not previously retumed to him, with interest. Termination after 5 years' pensionable service 13

Termination before 5 years' pensionable (

b) to have the amount specified in clause (a), together with any amount ofthe employer contributions and interest that are trans ferable under a reciprocal agreement, transferred to a pension plan that is accepted for registration under the Income Tax Act (Canada) and operated by the reciprocating party, or (

c) to receive, when or after he attains the age of 55 years, a pension in the form of a normal pension that is actuarially equiv alent to the normal pension that would be payable to him if his age were the lower of 85 years less his pensionable service or normal pensionable age. 31 Where a participant who has accumulated less than 5 years' pensionable 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 Beneficiaries 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 entered into or made after the commencement of this section, and the Minister shall ensure that those reciprocal agree ments comply with those conditions.

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

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

(4) An order under subsection (3) may be retroactive.

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

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

(7) Until rescinded, reciprocal agreements entered into under the former Act are vahd according to their terms in so far as they are not varied by a reciprocal agreement under this section. 33(1) Any person on whose death a benefit is payable is a participant for the purposes of

section 47 of the Trustee Act.

(2) Where a person designates a person to receive a benefit payable on his death, whether beneficially or in a representative capacity, or revokes a designation so made, the designation or revocation may be filed with the Minister. 14

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

b) thereafter, but before any payment is made under subsection (6), there is filed with the Minister a vahd 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, then the following is the person entitied to receive any benefit payable on his death: (

c) the deceased's spouse, if he is survived by a spouse, or (

d) the personal representative of the deceased's estate, if there is no surviving spouse.

(5) A benefit shall not be paid by virtue of the operation of subsec tion (4) until at least 2 months after the date of death.

(6) When a benefit is paid to a surviving spouse or the personal representative of an estate by virtue of the operation of subsection (4) after expiry of the 2 month period referred to in subsection (5), the payment is validly made as against the Govemment notwith standing that a designation is filed under the Plan after the payment is made and the person who would have been entitled under the designation has no right to any benefit as a result ofthe designation.

(7) 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.

(8) A benefit paid on the death of any person other than to the personal representative of a deceased's estate is not part ofthe estate ofthe deceased and is not subject to the claims of his creditors. PARTS APPEALS Appeal to 34(1) A party aggrieved by a decision ofthe Minister under or in t e Board relation to Parts 2 to 5 or the prescribed provisions of the regulations, other than a decision under

section 32 or one that could be the subject-matter of an application under

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

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

section must serve the chairman ofthe Board with a notice of appeal in the form prescribed by the Minister within 30 days of being notified in writing ofthe decision appealed against or within such longer period as the Board may, on application, allow. 15

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

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

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

a) has all ofthe duties, powers, privileges and immunities given to a commissioner appointed under the Public Inquiries Act by sections 3, 4, 5, 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. Appeal to the 35(1) A party aggrieved by a dccisiou of the Board uudcr scctiou 34 BS°^^"^^"'' 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 pension Actuarial tables 36(1) Where there is a delay in processing a pension beyond 30 days from the effective date of the commencement of the pension, the Provincial Treasurer may advance money to the pensioner against the pension.

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

(2) The actuarial tables adopted under subsection (1) shaU be used to determine actuarial equivalency for the purposes referred to in that subsection.

(3) The Regulations Act does not apply to actuarial tables adopted under subsection (I). 16

Participation statement Exercise of benefit choice Payment of benefits Liability of benefits to legal process Prohibition against assignment Overpayinents and deficiencies 38(1) Subject to subsection (2), the Minister shall, on the request of a participant, provide the participant with a statement containing the prescribed information about his participation in the Plan.

(2) A participant is entitied to receive a statement with the pre scribed information only once in each year. 39(1) A person wishing to exercise a choice in relation to a benefit must do so by giving written notice to the Mmister indicatmg the choice.

(2) Subject to sectioii 10(2), a choice made, mcluding a choice deemed to be made, in relation to a benefit is irrevocable when, and is not irrevocable until, the benefit is received or commences to be paid. 40 The payment of all benefits is guaranteed by the Govemment. 41 A person's interest in a benefit is not subject to gamishee pro ceedings, attachment, seizure or any legal process, except in respect of a failure to account for pubhc money within the meaning of the Financial Administration Act. 42 A person may not assign his interest in a benefit. 43 Any overpayment of benefit paid or underpayment of contri bution payable is recoverable by the Provincial Treasurer, with in terest, as a debt due to the Government.

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

(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 hability to the Govemment. Righu and 46(1) No pcrson is entitied to any benefit or other right provided for foXAc!"""*" 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 pension pay ment of which commenced before the commencement of this sec tion. 47(1) The Lieutenant Govemor in Council may make regulations (

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

b) subject to

section 48(b), respecting the allowing and charging of interest; Lieutenant Govemor in Council regulations 17

(

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

d) respecting the suspension of pensions of pensioners who be come employees again and the treatment of those persons for the purposes of the Plan; (

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

section 48(

i) is not submitted; (

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

g) respecting the upgrading of partial disability pensions where the disabihty increases and the reduction of total disability pen sions where the disability decreases; (

h) prescribing or providing for any matter or thing that by this Act may or is to be prescribed by the Lieutenant Govemor in Council.

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

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

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

c) fixing and otherwise respecting the computing of rates of in terest; (

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 a certificate by their auditors stat ing that the employers have complied with their obligations under the Plan during the relevant period; (

e) respecting the calculation of benefits; (

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

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

h) adopting actuarial tables; (

i) respecting the submission of evidence of age, marital status, the existence or identity of a spouse, mental or physical incapac ity for gainful employment, the fact of a person's being alive or 18

Application of regulations any other fact relevant to determining ehgibility for a benefit or the continuation of a pension or any other matter for which evi dence is required;

G) respecting the type of evidence reqmred for the purposes of clause (i). 49 Regulations under this Act may apply generally or with respect to particular components ofthe Plan.

PART 8 CONSEQUENTIAL, TRANSITIONAL, REPEALS AND COMMENCEMENT Consequential 50(1) The Alberta Educational Communications Corporation Act is amended in

section 8(6) by striking out ", the Public Service Pension Act"

(2) Section 4(3) of the Alberta Home Mortgage Corporation Act is repealed.

(3) Section 5(3) of the Alberta Housing Act is repealed.

(4) Section 7 ofthe Alberta Opportunity Fund Act is repealed arui the following is substituted: 7 Subject to regulations imder the Public Service Pension Plan Act, the Public Service Management Pension Act apphes with all necessary modifications to the Managing Director and employees of the Company, and the Company shall pay into the General Revenue Fund the contributions required to be made under sec tion 5 of that Act, together with an equal amount from the funds of the Company as its contribution. (5)'

Section 6(4) ofthe Alcoholism arui Drug Abuse Act is repealed.

(6) Section 14 ofthe Health Umt Act is repealed.

(7) Part 3 ofthe

Schedule to the Legislative Assembly Act is amended by striking out "Pubhc Service Pension Board" and substituting "Public Service Pension Plan Board".

(8) Section 11(

g) ofthe Local Authorities Pension Act is amended by striking out "Pension Act" and substituting "Pension Plan Act".

(9) Section 9 ofthe Od Sands Technology and Research Authority Act is repealed and the following is substituted: 9 Where by an order of the Lieutenant Govemor in Council under the Public Service Management Pension Act, that Act is made applicable to any members and employees of the Author ity, the Authority shall pay to the Provincial Treasurer for deposit in the General Revenue Fund the contributions required to be made under

section 5 of that Act together with an equal amount from the funds ofthe Authority as its contribution.

(10) Section 5(l)(

d) ofthe Pension Fund Act is amended by adding "Plan"after "Pension". 19

Transitional Temporary provisions

(11) Section 8 ofthe Petroleum Marketing Act is repealed.

(12) Section 17(l)(

e) ofthe Provincial Court Judges Act is amended by striking out "Public Service Pension Act" and substituting "Public Service Pension Plan Act".

(13) The Public Service Act is amended (

a) by repealing

section 19 and substituting the following: 19(1) Subject to subsection (2), every employee must retire on attaining the age of 65 years.

(2) The Minister may authorize (

a) the continuation of the employee's employment, or (

b) his reappointment for such period after he has attained the age of 65 years as the Minister specifies.

(3) A, person receiving a pension under any of the pension Acts, as defined in

section 5(1) ofthe Pension Fund Act, may be re-employed under this Act for such period as the Minister specifies. (

b) by repealing

section 29(6) and substituting the following:

(6) The contract of employment may exclude the employee from the Public Service Pension Plan.

(14) The Public Service Management Pension Act is amended (

a) in sections 2(5), 13(2), 14(c), 36(2) and 38 by striking out "Public Service Pension Act" wherever it occurs and substituting "Public Service Pension Plan Act"; (

b) in

section 38(

b) by striking out "Public Service Pension Board" and substituting "Minister in respect of his administration ofthe Public Service Pension Plan".

(15) The Universities Academic Pension Act is amended (

a) in

section 2(

e) by striking out "Public Service Pension Act" and substituting "Public Service Pension Plan Act"; (

b) in

section 39(3) by striking out "subsection (1), the Public Service Pension Act" and substituting "subsection (1), the Public Service Pension Plan Act". 51

(1) The Public Service Pension Board shaU transfer to the Minister all the documents that were filed with it under the former Act by participants, former participants and other persons entitled to or claiming benefits under that Act.

(2) Documents referred to in subsection (1) shaU be deemed to have been filed with the Minister under this Act. 52(1) Notwithstanding

section 14(l)(

a) and (b), the 4.75 and 6.25 per centages of salary specified in those clauses as being contributions payable shaU be reduced to 20

(a) 3.75% and 5.25% respectively in the calendar year 1985. (b) 4.00% and 5.50% respectively in the calendar year 1986. (c) 4.25% and 5.75% respectively in the calendar year 1987, arui (d) 4.50% and 6.00% respectively in the caleruiar year 1988.

(2) Contributions subject to the reductions uruier this

section are nevertheless current service contributions. Repeal 53 The Public Service Pension Act is repealed. Coming 54 This Act comes into force on Proclamation. into force 21 Title: 1984 (20th, 2nd) Bill 57, Public Service Pension Plan Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3526
Type	bill
Volume / chapter	L20 S2 3526
Language	en
Format	json
Source	PROVINCIAL
Identifier	b2804e780b5c180c468ccb031b31e66f866b8af5

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