Bill 87 (Legislature 20, Session 2)

L20 S2 3556

Alberta — Bills

1984 BILL 87 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 87 PUBLIC SERVICE MANAGEMENT PENSION PLAN ACT THE PROVINCIAL TREASURER First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

BILL 87 1984 PUBLIC SERVICE MANAGEMENT PENSION PLAN ACT (Assented to , 1984) TABLE OF CONTENTS

Interpretation 1 Public Service IVIanagement Pension Plan The Plan 2 PARTI ADMINISTRATION Division 1 The Minister Administration of the Plan 3 Report to the Legislature 4 Division 2 The Public Service Management Pension Plan Board Establishment, composition, term of oflfice, 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 11 Normal pensionable age 12 PARTS CONTRIBUTIONS Disposition of contributions 13 Participant current service contributions 14 Employer contributions 15

PART 4 PENSIONABLE SERVICE Computation of pensionable service 16

PARTS BENEFITS

Interpretation 17 Division 1 Retirement Benefits Pension on retirement at normal pensionable age 18 Alternative forms of pension 19 Co-ordination of certain pensions with C.P.R and O.A.S. 20 Pension on early retirement 2I Pension on late retirement 22 EhsabiUty pensions 23 Postponement of pension 24 Spousal protection 25 Failure to select pension 26 Benefit 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 imder 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 Return of money 45 Retentions for defauh 46 Rights and obUgations under former Act 47 Lieutenant Govemor in CouncU regulations 48 Ministerial regulations 49 AppUcation of regulations 50

PARTS CONSEQUENTIAL, TRANSITIONAL, REPEAL AND COMMENCEMENT Consequential 51 Transitional 52 Repeal 53 Coming into force 54

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

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

Part 5; (b) "Board" means the Pubhc Service Management Pension Plan Board estabhshed 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), and includes contributions under

section 14(4); (e) "employee" means (

i) a person who holds a position designated as a manage ment position or who is designated as an employee by an order of the Minister, and (

A) is employed by an employer on a full-time continu ous basis, or (

B) is employed by an employer under a contract of ser vice and satisfies the criteria prescribed for the purposes ofthis subclause, or (ii) any other person prescribed to be an employee of an em ployer, and, where so prescribed, includes a member of a corporation that is an employer, but does not include (ui) a person to whom the M.L.A.

Pension Act. the Teachers' Retirement Fund Act or the Universities Academic Pension Act apphes, or (iv) any other prescribed person; (f) "employer" means the Govemment or any person who em ploys a participant or otherwise occupies an employer or former employer relationship in relation to a participant and, m relation to a person who is a participant by virtue of his being a member of a corporation, includes that corporation;

(g) "former Act" means the Public Service Management Pension Act; (h) "Minister" means the member of the Executive Councd charged by the Lieutenant Govemor in Councd with the admin istration of this Act; (i) "normal pensionable age" means the age specified in

section 12; (j) "participant" means a person who is a participant ofthe Plan by virtue of

section 11; (k) "pension" means a pension under the Plan; (1) "pensionable service" means service in respect of which con tributions have been made under

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

section 2 as the Public Service Management Pension Plan; (n) "prescribed" means prescribed or otherwise provided for by regulations made by the Lieutenant Govemor in Councd or, where so specified, by the Minister; (o) "prior service" means any service other than that for which current service contributions are made; (p) "reciprocal agreement" means a reciprocal or any other agreement entered into under

section 32(2), and includes an order under

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

i) an employee's gross basic pay and the monetary value, as assessed by the Minister, of any non-monetary advantage de clared by the Minister to be a perquisite, that is received for the performance ofthe regular duties of his employment, ex cluding, except as prescribed by the Minister, any expense allowance, overtime payment, special remuneration or other similar compensation, or (

u) 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 body ap proved 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 Worid War II or the Korean Conflict, (ii) a period of service as a member ofthe Legisladve Assem bly, the Executive Council or the Pariiament of Canada, and (iii) any other period prescribed as service; (s) "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) appUes, a person ofthe 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 (ui) if there is no person to whom subclause (

i) or (

u) appUes, 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 Councd 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. Public Service Management Pension Plan The Plan 2 The pcusiou plan provided for by and under the former Act is continued, subject to this Act and the regulations, as the Public Ser vice Management Pension Plan. Administration ofthe Plan Report to the Legislature PART1 ADMINISTRATION Division 1 The Minister 3 The Minister shaU administer the Plan. 4(1) The Minister shaU prepare and lay before the Legislature a re port on the operation of the 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.

Establishment, composition, term of office, etc. Chairman and vice-chainnan Support services Objects of the Board Advisory functions ofthe Board Division 2 The Public Service Management Pension Plan Board 5(1) There is hereby estabhshed a board known as the Pubhc Service Management Pension Plan Board.

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

(3) The Lieutenant Govemor in Councd shall appoint 1 ofthe mem bers of the Board fi-om among participants.

(4) A member ofthe Board holds ofl&ce for the term fixed in relation to him by the Lieutenant Govemor in Councd.

(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 caUing of and the con duct of business at its meetings. 6(1) The Lieutenant Govemor in Councd 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 fiilfil 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 hmits 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 relatuig 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, (

e) reciprocal agreements, (

f) recognition of prior service.

Board's power to extend time limits, etc. The participants (

g) ehgibiUty and participation in the Plan, and (

h) the actuarial tables prescribed or to be prescribed by the Min ister. 10(1) Where (

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

b) the fadure wdl or could result in a person's obtauung different benefits than those he would have obtained had the time limit been met, and (

c) the Board is satisfied that the fadure results fi-om circum stances that import no material fault on the part of that person, the Board may, on apphcation to it, extend the time hmit.

(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 hmit for making the choice and order any conse quential adjustments in the benefits.

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 appointed to positions in the pubhc service of Alberta; (

b) employees who immediately before the commencement of this

section were participating in the pension plan under the for mer Act; (

c) employees of a corporation hsted in the Schedule; (

d) employees of any other prescribed Provincial corporation or Provincial committee, as defined in the Financial Administration Act, or of another prescribed public body; (

e) members of any other class of employees prescribed to be participants. (2) Subsection (1) does not apply to an employee (

a) who has attauied normal pensionable age, (

b) who,

Normal pensionable age (

i) by reason of age, cannot accme 5 years' pensionable ser vice, or (ii) by reason of age, could accme 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 prescribed by the Minister, to have that prior service recognized; (

c) who is m receipt of a pension ui respect of his own pension able service, (

d) who does not satisfy conditions prescribed as being necessary for participation, or (

e) who falls within any class of employees prescribed as being (

i) excepted, or (ii) withdrawn from the Plan.

(3) Where a class of employees is prescribed as being withdrawn from participation in the Plan, the Lieutenant Govemor in Council may attach terms and conditions applicable,to that particular with drawal.

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

(4) An employer shall, on behalf of a participant, make contributions for the purposes of subsection (1) in such circumstances as are pre scribed. 15(1) Except as prescribed, as long as and at the same time as a participant is making current service contributions, his employer shall make contributions at the rate of 9% of the participant's salary. 8

(2) An employer shall make such contributions in respect of prior service as are prescribed.

PART 4 PENSIONABLE SERVICE Computation of 16(1) Subjcct to this scctiou, in computing the length of pensionable pemumiabie scrvice 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) 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 an employer, (ii) service that is recognized as pensionable service and is transferred into the Plan under a reciprocal agreement, (iu) service that would be pensionable service but for subsec tion (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 ofthe required contributions, and (

v) any other service.

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

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

(3) Except as prescribed, 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 pensionable service.

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

(5) 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. PARTS BENEFITS

Interpretation 17 In this Part, (a) "actuarially equivalent" means equivalent in accordance witii the appropriate actuarial tables prescribed by the Minister, (b) "employee contributions" means (

i) current service contributions,

Pension on retirement at normal pensionable age (

u) any contributions for prior service made by a participant, and (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; (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 specified in

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 an employer or a party to a reciprocal agreement, his average annual salary in the 5 consecutive years of (

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

section 16(1), with an employer 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 multiplied by the number of years of his pensionable service.

(3) A pension under subsection (2) is payable for the life ofthe pen sioner.

(4) Where a former participant receiving a pension ui the form spec ified in subsection (3) dies leaving a surviving spouse to whom he was married or with whom he lived for at least 5 years before his death, the pension is payable to that spouse for life in an amount equal to 3/4 ofthe pension that was payable to him. Alternative forms 19(1) A pcrsou is entitled, as an altemative to taking a pension in of pension ^^^ ^^^^ Specified in

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

a) a guaranteed term pension, payable for the term selected by him of 5, 10, 15 or 20 years or the life ofthe pensioner, whichever is the longer. 10

Co-ordination of certain pensions with C.PR and O.A.S. Pension on early retirement Pension on late retirement (

b) 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 2/3 of it, or (ui) in the amoimt of 1/2 of it, to the survivor for his life.

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

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

(4) The term under a guaranteed term pension under the Plan may not end later than the day before the pensioner's 86th birthday. 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) who has accumulated at least 5 years' pensionable service, becomes entitled to receive a normal pension or a benefit referred to in

section 30(b).

(2) Where a participant (

a) ceases to be an employee before attaining the age of 55 years, and (

b) has accumulated at least 5 years' pensionable service, the Lieutenant Govemor in CouncU, on the recommendation ofthe Minister, may authorize the payment of a pension to the participant, in which event he becomes entided to receive whichever of a normal pension or 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, that the Minister, on the merits ofthe case, considers appropriate. 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 11

Disability pensions becomes entided to receive a pension in the form of a normal pen sion and m an amount that is actuarially equivalent to the normal pension diat 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 mca- pacity for gainfiil employment, and (

c) either (

i) ceases to be an employee and a participant as a result of that incapacity, or (

u) had elected to receive a deferred pension under

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

section 48(1 )(j), is entitled 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 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 under

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

section 48(1 )(j), 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 entitled to receive or is receiving benefits under a disability plan that satisfies the criteria prescribed for disability plans and is filed with the Min ister. Postponement 24(1) A pcrsou who is to rcccive a pension under

section 18, 21(1), o pension 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 12

Spousal protection Failure to select pension Benefit adjustments 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 effective date of the commencement of a pension.

(2) Notwithstanding anything in this Act except subsection (3), 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 pen sion, 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 (

a) there is filed with the Minister, before the pension com mences to be paid, (

i) a statutory declaration in the form prescribed by the Min ister by the spouse that (

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

section and waiving those rights, and (

B) is signed by the spouse in the presence of the person before whom the declaration is admiiustered and outside the immediate presence ofthe pensioner, or (

u) a matrimonial property order, or (

b) the pensioner has chosen a joint hfe pension referred to in

section 19(l)(b)(

i) or (ii) with the spouse as the designated nom inee. 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 ofthe 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 Councd may by regulation, for the purpose of mamtaining approximate parity with the cost of hving, 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.

(3) Notwithstanduig sections 21 and 23, where a participant ceases to be an employee under the circumstances specified in any of diose sections, the Lieutenant Govemor in Councd may, on the recom mendation of the Muiister, grant additional benefits on die tenns and conditions stipulated in the order. 13

Division 2 Death Benefits Benefit on 28 Where a person, other than a pensioner, who has employee con- ^"^mSment tributious iu the Plan that have not been retumed to him dies, an of pension amouut cqual to the unretumed employee contributions, with inter est, shall be (

a) paid to his surviving spouse, or (

b) if he has no spouse survivuig him, paid to the person entitled to receive any benefit on his death, or, if there are 2 or more persons so entitled, shared equally between them. Additional 29(1) Where payments for dSeit minor (

a) the pcrsou entitled to payment under

section 28 is (

i) the surviving spouse ofthe deceased, or (

u) a dependent minor child of his, and (

b) the deceased has 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 retumed 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, his spouse may elect to be paid, instead of the payments under subsection (1) and

section 28, (

a) 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 entided to exercise and had exercised the option described in

section 19(l)(b)(

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

b) subject to

section 19(4), a pension, payable for the term se lected by the spouse of 5, 10, 15 or 20 years or the life of the spouse, whichever is the longer, that is actuarially equivalent to the pension provided for under clause (a). Division 3 Benefits on Termination Termination after 30(1) Where a participant who has accumulated at least 5 years' peSiabie pensionable service ceases to be an employee before he becomes service 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. 14

Termination before 5 years' pensionable service (

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. (2) Subsection (1) does not apply to a person entitled to a pension under

section 21(2). 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 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 or particular reciprocal agreements entered into or made after the commencement ofthis 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 Act or other public body, or any private body that has assumed any ofthe functions of an employer or any of whose functions an employer has assumed, 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 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 party under subsection (2).

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

(5) An agreement entered into imder subsection (2) is not invalid by reason only of its failing to comply with the conditions prescribed under subsection (1), 33(1) Any person on whose death a benefit is payable is a participant for the purposes of

section 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 Miidster.

(3) Where a person designates his estate as being entitied to receive a benefit payable on his death, or makes a designation usmg words indicative of his estate or of the representative capacity of his per- 15

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 vahd designation by him filed vrith the Minister, or (

b) after his death, but before any payment is made under sub section (6), there is filed with the Muiister a valid revocation by him of a designation filed with the Minister and no valid designation is filed vrith 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) 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 otherwise than to the personal representative of a deceased's estate is not part ofthe estate of the deceased and is not subject to the claims of his creditors.

(9) 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. Matrimonial 34 Subjcct to scctiou 42, the right of any person to receive a benefit property orders -^ subjcct to the rights of a spousc OT formcr spouse of his arisuig under a matrimonial property order. PARTS APPEALS Appeal to the 35(1) A party aggrieved by a decision of the Minister under or in ^"** relation to Parts 2 to 5 or the prescribed provisions ofthe 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 of the Board with a notice of appeal m the form prescribed by the Minister within 30 days of being notified in writing 16

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 uiterested 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, privdeges 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. Appeal to the 36(1) A party aggrieved by a decision of the Board under

section 35 coMt of Queen's ^^^ within 30 days of the date of service of the 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- phcations 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. Advance against pension Actuarial tables Participation statement

PART 7 MISCELLANEOUS 37(1) Where there is a delay in processing a pension beyond 30 days fi-om 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 ofthis 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. 17

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), a choice made, uicluduig a choice deemed to be made, in relation to a benefit is irrevocable when, and is not irrevocable untd, the benefit is received or commences to be paid. 41 The payment of all benefits is guaranteed by the Govemment. 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 fadure to account for public money within the meaning ofthe 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, vrith interest, as a debt due to the Govemment.

Return of money Retentions for default Rights and obligations under former Act Lieutenant Govemor in Council regulations 45 If the Minister finds that a person 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. 46(1) The Provincial Treasurer may withhold from any benefit pay able a sum sufficient to meet any amount by which the person en titled to the benefit is indebted to the Govemment under the Plan.

(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 shaU apply any money withheld under this

section in satisfaction ofthe debt or liability to the Govemment. 47(1) No person is entitled to any benefit or other right provided for 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 entitled to receive that pension. 48(1) The Lieutenant Govemor in Councd may make regulations (

a) withdrawing a class of employees from participation in the Plan and attaching general terms and conditions to a vrithdrawal; (

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

c) respecting the allowing of interest, except for overdue benefit payments; 18

(

d) respecting the charging of interest, except for overdue contri butions; (

e) 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 ofthe Plan as it applies to them (

f) 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 amoimts received as pension, with interest; (

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

section 49(

i) or (

j) is not submitted; (

h) prescribing circumstances under which persons referred to in

section 21(2) may be granted pensions; (

i) respecting disabdity plans and their filing with the Minister, (

j) respecting the upgrading of partial disability pensions where the disability increases and the reduction or ehmination of total or partial disabdity pensions where the disabihty decreases or terminates; (

k) prescribing any matter or thing that by this Act may or is to be prescribed by the Lieutenant Govemor in Councd.

(2) Where the Lieutenant Govemor in Councd makes regulations under subsection (l)(e), 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 49 The 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) respecting the allowing of interest when benefit payments are overdue; (

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

e) 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 stating that the employers have complied with theu" obhga tions under the Plan during the relevant period; 19

Application of regulations (

f) respecting the calculation of benefits; (

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

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

i) respecting the submission of evidence of age, marital status, the existence or identity of a spouse, mental or physical incapac ity for gainfid employment, the fact of a person's being ahve 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; (

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

k) prescribing any matter or thing that by this Act may or is to be prescribed by the Minister. 50(1) Regulations under this Act may be made to apply generally or with respect to particular components of the Plan.

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

e) or (q)(i), 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.

PART 8 CONSEQUENTIAL, TRANSITIONAL, REPEALS AND COMMENCEMENT Consequential 51

(1) Part 3 ofthe

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

(2) The M.L.A. Pension Act is amended (

a) in

section l(l)(c)(ii) by striking out "section l(

k) ofthe Public Service Management Pension Act" and substituting "section l(

r) ofthe Public Service Management Pension Plan Act"; (

b) in

section 3(2) by striking out "section 15 ofthe Public Service Management Pension Act" and substituting "section 16 of the Public Service Management Pension Plan Act"; (

c) in sections 3(3), 8(2)(

a) and 13(4)(

a) by striking out "section 21 ofthe Public Service Management Pension Act" and substitut ing "section 19 ofthe Public Service Management Pension Plan Act"; (

d) in

section 17 by striking out 'Pension Act" and substituting "Pension Plan Act". Transitional 52(1) The PubUc Servlce Management Pension Board shaU transfer to the Minister aU the documents that were in its possession under the former Act, and documents ftled with that Board in relation topartic- 20

ipants shaU be deemed for the purposes ofthis Act to have been filed with the Minister.

(2) An order, regulation or resolution made by the Public Service Management Pension Board under the former Act shall, to the extent that it can be made applicable to arui is consistent with this Act, be deemed to be a regulation under this Act, until it is replaced by an equivalent regulation under this Act.

(3) Notwithstanding

section 32 or anything to the contrary in this Act, subsisting reciprocal agreements entered into under the former Act are valid according to their terms until rescinded in so far as they are not varied by a reciprocal agreement under that section. Repeal 53 The PubUc Service Management Pension Act is repealed on Pro clamation. Coming into 54 Thls Act comes into force on Proclamation. force

SCHEDULE

Section 11(1)(

c) corporations 1 The Alberta Opportunity Company. 2 The Alberta Oil Sands Technology and Research Authority. 3 The Alberta Petroleum Marketing Commission. 21 Title: 1984 (20th, 2nd) Bill 87, Public Service Management Pension Plan Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3556
Type	bill
Volume / chapter	L20 S2 3556
Language	en
Format	json
Source	PROVINCIAL
Identifier	e25eb153efb5cbd5e3a9c522fe109ba463a38026

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