1969 Bill 93 Second Session, 16th Legislature, 18 Elizabeth II I .. _ .... " THE LEGISLATIVE ASSEMBLY OF ALBER'TA BILL 93

An Act respecting Pensions for Members of the Legislative Assembly HON. MR. AALBORG First Reading ............................. . Second Reading ............................ . Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 93 1969

An Act respecting Pensions for Members of the Legislative Assembly (Assented to , 1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as The M.L.A. Pension Act. 2. In this Act, (a) "Board" means the Public Service Pension Board; (b) "service" means (

i) service as a member of the Legislative As­ sembly, including any service as a member of the Executive Council or as the Speaker or the Deputy Speaker or the Leader of Her Majesty's loyal opposition of the Legislative Assembly, or (ii) any service as defined in

section 2, clause (

I) of The Public Service Pension Act, other than service as a teacher in the employ of a school board as defined in The Teachers' Retirement Fund Act, 1965.

PART 1 MEMBERS OF lHE ASSEMBLY 3.

(1) Each member of the Legislative Assembly may contribute to the General Revenue Fund at the rate of 5 per cent of the allowance payable to him (

a) in the case of the Speaker, under

section 35, sub­ section (1) of The Legislative Assembly Act,

Explanatory Notes I. This Bill will re-enact in a separate Act the provisions of The Public Service Pension Act which provide for pensions for M.L.A.'s and Executive Council Members. 2.

Interpretation. 3. Contributions by M.L.A.'s. Present

section 37.

(

b) in the case of the Deputy Speaker, under

section 35, subsection (2) of The Legislative A.ssembly A.ct, (

c) in the case of the Leader of Her )'Iaj esty~ s loyal opposition, under

section 52, subsection (6) of The LegislatiL'e ) .. ssembly A.ct, and (

d) in the case of all other members, under

section 5:2, subsections (1) and (6a) of The Legislati'L'e A.s­ sembly A.ct.

(2) The contributions shall be made at such times and in such manner as the Lieutenant Goyernor in Council may determine and upon payment into the General Reyenue Fund shall be accounted for as part of the General Revenue Fund.

(3) A member of the Legislatiye Assembly 'Who 'Was a member on the first day of :\Iarch, 1963, may pay into the General Re\-enue Fund, in such manner and upon such terms as the Board directs, an amount equal to the con­ tributions that could ha\-e been made by him in respect of all his service before that date had this Act been applicable to menlbers of the Legislative Assembly during the period of that senice, together 'With the interest that 'Would have been accumulated thereon to the date of completion of such payment in full. ( -1) X 0 contributions shall be made by a member of the LegislatiYe Assenlbly after he has contributed in respect of a total period of 35 years.

(5) The Board shall keep a separate account of the con­ tributions nlade by each member of the Legislative Assembly under this

section and shall credit interest to the account of each member at the rate and in the manner prescribed in

section 12. 4.

(1) The pensionable service of a member of the Legislati\-e Assembly shall be any term or terms of his ser\ice for 'Which he has made contributions under

section 3 and

section 6, but shall not exceed 35 years.

(2) Pensionable senice may include any ser\ice recog­ nized as pensionable service under

section 1-1 of The Public Sen'ice Pension A.ct, other than service as a teacher in the employ of a school board as defined in The Teachers' Re­ ti;-emeil[ Fund A.et, 1965.

(3) After a total period of pensionable ser\ice of at least 10 years, 'Whether continuous or not, a person who ceases to be a member of the Legislative Assembly is then entitled to receive 2 (

a) if his age is then 60 years or more, a normal pen­ sion in an annual amount equal to 2 per cent of the average annual allo'Wance payable to him under

4. Pensionable service of M.L.A.'s. Present

section 38. 2

The Legislative Asse'mbly Act for the three con­ secutive years of his service during which that allowance was the highest, multiplied by the total number of years of his pensionable service com­ puted to the nearest complete month thereof, or by 35, whichever number is the less, or (

b) if his age is less than 60 years, a pension that is the actuarial equivalent at his age on ceasing to be a member of the Legislative Assembly of the pension that would be payable to him under clause (

a) were his age then 60 years, as determined by the actu­ arial tables that are approved by the Board for that purpose. 5.

(1) After a total period of pensionable service of one year or more but less than 10 years, a person who ceases to be a member of the Legislative Assembly shall be paid the amount standing to his credit in the General Revenue Fund, including the accrued interest credited on his contributions.

(2) After a total period of pensionable service of less than one year, a person who ceases to be a n1ember of the Legislative Assembly shall be paid the total amount of the contributions he has made under this Act, without interest thereon.

(3) If a member of the Legislative Assembly dies while he is a member

section 13 applies. 6. If a person has formerly been a member of the Legisla­ tive Assembly and after a lapse of time again becomes a member, (

a) the payment of any pension theretofore received by him pursuant to

section 4 in respect of his prior service shall be suspended until he again ceases to be a member, at which time, if he has made con­ tributions pursuant to

section 3 in respect of his further service, he shall be entitled to receive an additional pension in an amount calculated on the the basis of his subsequent period of service, or (

b) he may pay into the Generad Revenue Fund, in such manner and on such terms as the Board may direct, (

i) any sum that was paid to him pursuant to sec­ tion 5 upon the termination of his prior service, together with interest on that sum from the date a refund of contributions was made to the date of completion of payment in full, or (ii) an amount equal to the contributions that he could have made during his prior service had this Act been then applicable to him, together 3

5. Refund of contributions. Present

section 39. 6. Interrupted service. Present

section 39a. 3

with the interest that would have accumulated thereon to the date of completion of payment in full.

PART 2 MEMBERS OF THE EXECUTIVE COUNCIL 7.

(1) Each member of the Executive Council may con­ tribute to the General Revenue Fund at the rate of 5 per cent of the annual conlpensation payable to him under

section 52, subsection (5) of The Legislative Assembly Act.

(2) The contributions shall be made at such times and in such manner as the Lieutenant Governor in Council may determine and upon payment into the General Revenue Fund shall be accounted for as part of the General Revenue Fund.

(3) A member of the Executive Council who served as a Minister without portfolio before becoming the head of a Department, may pay into the General Revenue Fund, in such manner and upon such terms as the Board directs, an amount equal to the contributions that could have been made by him during his period of service as a Minister without portfolio had

section 52, subsection (5) of The Legislative Assembly Act applied to him during that period, together with the interest that would have been accumulated thereon to the date of completion of payment in full.

(4) The Board shall keep a separate account of the con­ tributions made by each member of the Executive Council under this

section and shall credit interest to the account of each member at the rate and in the manner prescribed in

section 12. 8.

(1) The pensionable service of a member of the Executive Council shall be any term or terms of his service for which he has made contributions under

section 7 and

section 10.

(2) After a total period of pensionable service of at least five years, whether continuous or not, a person who ceases to be a member of the Executive Council is then entitled to receive 4 (

a) if his age is then 60 years or more, a normal pension in an annual amount equal to 2 per cent of his average annual income under

section 52, subsection (5) of The Legislative Assembly Act for the three consecutive years of his service during which that income was the highest multiplied by the total

7. Contributions by members of the Executive Council. Present

section 40. 8. Pensionable service of Executive Council members. Present

section 41. 4

number of years of his pensionable service com­ puted to the nearest complete month thereof or, at his option, an alternative pension as prescribed by

section 20 of The Public Service Pension Act, or (

b) if his age is then less than 60 years, a pension that is the actuarial equivalent at his age on ceasing to be a member of the Executive Council of the pension that would be payable to him under clause (

a) were his age then 60 years, as determined by the actuarial tables that are approved by the Board for that purpose. 9.

(1) After a total period of pensionable service of one year or more but less than five years, a person who ceases to be a member of the Executive Council shall be paid the amount standing to his credit in the General Revenue Fund, including the accrued interest credited on his con­ tributions.

(2) After a total period of pensionable service of less than one year, a person who ceases to be a member of the Executive Council shall be paid the total amount of the contributions he has made under this Act, without interest thereon.

(3) If a member of the Executive Council dies during his term of service on the Executive Council

section 13 applies. 10. If a person has formerly been a member of the Executive Council and after a lapse of time again becomes a member (

a) the payment of any pension theretofore received by him pursuant to

section 8 in respect of his prior service shall be suspended until he again ceases to be a member, at which time, if he has made con­ tributions pursuant to

section 7 in respect of his further service, he shall be entitled to receive an additional pension in an amount calculated on the basis of his subsequent period of service, or (

b) he may pay into the General Revenue Fund in such manner and on such terms as the Board may direct (

i) any sum that was paid to him pursuant to sec­ tion 9 upon the termination of his prior service, together with interest on that sum from the date a refund of contributions was made to the date of completion of payment in full, or (ii) an amount equal to the contributions that he could have made during his prior service had this Act been then applicable to him, together with the interest that would have accumulated thereon to the date of completion of such pay­ ment in full. 5

9. Refund of contributions. Present

section 42. 10. Interruption of service. Present

section 43. 5

PART 3 GEN'ERAL 11. Subject to the modifications and exceptions set out in this Act, The Public Service Pension Act applies mutatis mutandis to (

a) persons who were members of the Legislative As­ sembly on the first day of March, 1963, and (

b) persons who became members of the Legislative Assembly after the first day of March, 1963. 12.

(1) Interest at the rate of 4 per cent per annum, or at such other rate as the Board may from time to time fix, (

a) shall be credited by the Board to each member's account on the last day of June and December in each year, and (

b) shall be computed on the amounts standing to the credit of the accounts on the next preceding first day of January and July respectively.

(2) The interest shall continue to be credited to a mem­ ber's account until the end of the calendar month im­ mediately preceding (

a) the date when payment is made in full to the mem­ ber pursuant to

section 5 or 9, or (

b) the date of death of a member whose beneficiary is entitled to benefits pursuant to

section 13. 13.

(1) Where a person dies while a member of the Executive Council or the Legislative Assembly, the amount standing to the credit of his account in the records of the Board shall be paid to his beneficiary.

(2) The amount payable under this

section may be paid in a lump sum or in such instalments as the Board may direct.

(3) Where the beneficiary of a deceased member is (

a) his widow, or (

b) his or her dependent child under the age of 21 years, or (

c) her dependent widower, the beneficiary is also entitled to receive a further sum equal to the amount standing to the credit of the account of the deceased.

(4) Where the pensionable service of a member, at the date of his death has been not less than 10 years, or in the 6

II. Application of The Public Service Pension Act. Present .section 36 (1). 12. Interest on accounts. Present

section 7. 13. Death of members. Present

section 25. 6

case of a member of the Executive Council not less than five years, and where the beneficiary is his widow or her dependent widower, the beneficiary may elect to be paid in lieu of the payments under subsection (3) (

a) a pension of the same amount as would have been payable if the member immediately before his death had retired under

section 11, subsection (1), clause (

b) of The Public Service Pension Act and had been entitled to exercise and had exercised the option given of receiving a pension during the joint lives of himself and his wife and during the life of the survivor, or (

b) a pension payable for life or for a term of years certain, whichever is the longer, that is an actuarial value equivalent to that of the pension provided for under clause (a). 14. If the persons to whom this Act applies become par­ ticipants under the Canada Pension Plan, the Lieutenant Governor in Council may by regulation alter (

a) the rate of contributions, (

b) the service to be recognized as pensionable service, and (

c) the amounts of the pension payable under this Act, in respect of any periods of service during which those per­ sons are participants under the Canada Pension Plan and in conformity with any agreement between the Govern­ ment of Canada and Alberta, and such regulation shall be of the same force and effect as if it were enacted as part of this Act. 15. The Public Service Pension Act is amended by strik­ ing out

Part 2 and by renumbering

Part 3 as

Part 2. 16. This Act comes into force on the day upon which it is assented to. 7

14. Canada Pension Plan. Present

section 43a. 15.

chapter 264 of the Revised Statutes amended. 7 Title: 1969 (16th, 2nd) Bill 93,

An Act respecting Pensions for Members of the Legislative Assembly