Bill 35 — Fourth Session, 18Th Legislature, 27 Elizabeth Ii the Legislative Assembly of Alberta Bill 35 the Pension Statutes Amendment Act, 1978 the Provincial Treasurer (Legislature 18, Session 4)

L18 S4 4343

Alberta — Bills

1978 BILL 35 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 THE PENSION STATUTES AMENDMENT ACT, 1978 THE PROVINCIAL TREASURER First Reading ............................................ . Second Reading .......................................... . Committee of the Whole .................................. . Third Reading ........................................... . Royal Assent ............................................ . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 35 BILL 35 1978 THE PENSION STATUTES AMENDMENT ACT, 1978 (Assented to ,1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Public Service Management Pension Act 1 (]) The Public Service Management Pension Act is amended by this section.

(2) Section 1 (l)is repealed and thelol/owing is substituted: 0) "spouse", with reference to a deceased employee, means (

i) a person who was dependent upon, and legally married to, the employee at the employee's date of death, or {in if there is no person to whom subclause (n applies, a person of the opposite sex who (

A) cohabited with the employee and (

I) for the 5-year period immediately preced ing the employee's death, or OI) for the 2-year period immediately preced ing the employee's death where there is a child born to that person and the deceased employee, (

B) was dependent upon the employee at the em ployee's date of death and was known in the community in which they lived as a consort of the deceased, 1

Explanatory Notes The Public Service Management Pension Act 1(1) This

section will amend

chapter 81 of the Statutes of Alberta, 1972.

(2) Section 1 (

I) presently reads: 1 In this Act (I) "spouse", with reference to a deceased employee, means a person who is legally married to the employee at the employee's date of death, or a person of the opposite sex who proves to the satisfaction of the Board that (

j) the deceased employee left no dependent spouse to whom he was married, (jj) the deceased cohabited with that person and (

A) for the 5-year period immediately preceding the employee's death, or (

B) for the 2-year period immediately preceding the employee's death where there is a child born to that person and the deceased employee, (iii) the person had been a dependant of the employee and was known in the community in which they lived as a consort of the deceased. 1

or (iii) if there is no person to whom subclause (

i) or (ii) applies, a person who was legally married to the em ployee at the employee's date of death, or (iv) if there is no person to whom subclause (i), (ii) or (iii) applies, a person of the opposite sex who (

A) cohabited with the employee and (

I) for the 5-year period immediately preced ing the employee's death, or (II) for the 2-year period immediately preced ing the employee's death where there is a child born to that person and the deceased employee, (

B) was known in the community as a consort of the deceased.

(3) Section 15(J) (

a) is repealed and the/ollowing is substituted: (

a) any period of service in respect of which, under this Act, contributions have been made and a separate account maintained;

(4) Section 20(2) (

b) is amended by repealing subc/auses (;) and (;

i) and substituting "leaving a surviving spouse to whom he was married or with whom he cohabited, as the case may be, for at least 5 years prior to his death,". 2

(3) This amendment will remove an overlap with another clause.

Section 15 (1) (

a) presently reads: 15(

J) For the purpose of this Act, pensionable service includes (

a) any period of service in respect of which contributions have been made in accordance with The Superannuation Act, The Public Service Pension Act or this Act;

(4) Section 20(2) presently reads: 20(2) Where an employee elects to receive a normal pension (

a) that pension shall be payable to him for his life, and (

b) if he dies after retirement (

i) leaving a surviving dependent spouse to whom he was married for at least 5 years prior to his death, or (iiJ if there is no surviving dependent spouse to whom subclause (

J) applied, leaving a surviving dependent spouse with whom he cohabited for at least 5 years prior to his death, the pension shall be payable to that spouse for life in an amount equal to 75% of the normal pension that was payable to him. 2

The Public Service Pension Act 2(

J) The Public Service Pension Act is amended by this section.

(2) Section 2(

g) is repealed and the/ollowing is substituted: (g) "spouse", with reference to a deceased employee, means (

i) a person who was dependent upon, and legally married to, the employee at the employee's date of death, or (ii) if there is no person to whom subclause 0) applies, a person of the opposite sex who or (

A) cohabited with the employee and (

I) for the 5-year period immediately preced~ ing the employee's death, or (II) for the 2-year period immediately preced ing the employee's death where there is a child born to that person and the deceased employee, (

B) was dependent upon the employee at the em ployee's date of death and was known in the community in which they lived as a consort of the deceased, (iii) if there is no person to whom subclause 0) or (ii) applies, a person who was legally married to the em ployee at the employee's date of death, or (iv) if there is no person to whom subclause (i), (ii) or (iii) applies, a person of the opposite sex who (

A) cohabited with the employee and (

I) for the 5-year period immediately preced ing the employee's death, or (II) for the 2-year period immediately preced ing the employee's death where there is a child born to that person and the deceased employee, 3

The Public Service Pension Act 2 (

I) This

section will amend

chapter 299 of the Revised Statutes of Alberta 1970.

(2) Section 2(

g) presently reads: 2 In this Act, (g) "spouse", with reference to a deceased employee, means a person who is legally married to the employee at the employee's date of death, or a person of the opposite sex who proves to the satisfaction of the Board that (

i) the deceased employee left no dependent spouse to whom he was married, (iiJ the deceased cohabited with that person and (

A) for the 5-year period immediately preceding the employee's death, or (

B) for the 2-year period immediately preceding the employee's death where there is a child born to that person and the deceased employee, (iii) the person had been a dependant of the employee and was known in the community in which they lived as a consort of the deceased. 3

(

B) was known in the community as a consort of the deceased.

(3) Section 14(1) (

a) is repealed and thefollowing is substituted: (

a) any period of service in respect of which, under this Act, contributions have been made and a separate account maintained;

(4) Section 25 is repealed and thefollowing is substituted: 25 When an employee, before he becomes entitled to receive a pension under this Act, resigns or is dismissed and elects to receive a return of his contributions, the amount standing to his credit in the records of the Board, including the accrued interest credited on his contributions, shall be paid to him. Commencement 3(1) This Act, except

section 2(4), comes into force on the day upon which it is assented to and upon so coming into force shall be deemed to have been in force at all times on and after January 1, 1978.

(2) Section 2(4) comes in to force on JUly 1, 1978. 4

(3) Corresponds to

section 1 (3) of the Bill.

(4) This amendment will remove the requirement to withhold interest on a refund of contributions of less than one year. 4 Title: 1978 (18th, 4th) Bill 35, The Pension Statutes Amendment Act, 1978

Document details

Collection	Alberta — Bills
Citation	L18 S4 4343
Type	bill
Volume / chapter	L18 S4 4343
Language	en
Format	json
Source	PROVINCIAL
Identifier	da6459d11f195382d900ed7d43d2d065ad487ddf

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