Alberta Gazette — 28 February 2009 (Part II)
28 February 2009
Alberta — Gazette
Alberta Regulation 15/2009
Municipal Government Act
LAKELAND REGIONAL WASTE MANAGEMENT SERVICES
COMMISSION DISESTABLISHMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 20/2009)
on February 4, 2009 pursuant to
section 602.4 of the Municipal Government Act.
Disestablishment
1 The Lakeland Regional Waste Management Services Commission
is disestablished.
Repeal
2 The Lakeland Regional Waste Management Services Commission
Regulation (AR 180/2003) is repealed.
--------------------------------
Alberta Regulation 16/2009
Municipal Government Act
CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION
AREA AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 21/2009)
on February 4, 2009 pursuant to
section 693 of the Municipal Government Act.
1 The Calgary International Airport Vicinity Protection
Area Regulation (AR 318/79) is amended by this Regulation.
Schedule C is amended by adding the following after
section 1(9):
(10) Despite any other provision of this Regulation, development for
a public building and open air museum use is permitted within the
NEF 35-40 Area on the following lands (subject to compliance with
the exterior acoustic insulation requirements of the Alberta Building
Code):
(
a) Plan
Block
Lot
Municipal Address
419 - 15A Street NE
331 - 15A Street NE
315 - 15A Street NE
239 - 15A Street NE
221 - 15A Street NE
111 - 15A Street NE
(
b) Plan
Block
Lot
Municipal Address
240 - 15A Street NE
224 - 15A Street NE
112 - 15A Street NE
(
c) the portion of road Right of Way Plan 0812860 (15A Street
NE) commencing at the south boundary, northerly to the
northern boundary of Lot 4, Block 3, Plan 7911183.
--------------------------------
Alberta Regulation 17/2009
Insurance Act
PROVINCIAL COMPANIES AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 22/2009)
on February 4, 2009 pursuant to
section 432 of the Insurance Act.
1 The Provincial Companies Regulation (AR 124/2001) is
amended by this Regulation.
Section 15 is amended by adding the following after
clause (k):
(k.1) an insurance agency corporation, being a body corporate that
sells insurance;
Alberta Regulation 18/2009
Insurance Act
CERTIFICATE EXPIRY, PENALTIES AND FEES
AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 23/2009)
on February 4, 2009 pursuant to
section 498 of the Insurance Act.
1 The Certificate Expiry, Penalties and Fees Regulation
(AR 125/2001) is amended by this Regulation.
Section 3 is amended
(
a) by striking out "$95" wherever it occurs and
substituting "$80 to $95";
(
b) by striking out "$60" and substituting "$50 to $60";
(
c) by renumbering it as
section 3(1) and by adding the
following after subsection (1):
(2) If a range is specified under subsection (1), the Alberta
Insurance Council shall determine the specific amount payable
within the range.
Section 4 is amended
(
a) by striking out "$95" and substituting "$80 to $95";
(
b) by renumbering it as
section 4(1) and by adding the
following after subsection (1):
(2) The Alberta Insurance Council shall determine the specific
amount payable within the range specified in subsection (1).
Alberta Regulation 19/2009
Insurance Act
INSURANCE AGENTS AND ADJUSTERS AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 24/2009)
on February 4, 2009 pursuant to
section 498 of the Insurance Act.
1 The Insurance Agents and Adjusters Regulation
(AR 122/2001) is amended by this Regulation.
Section 31 is repealed and the following is substituted:
Records
31(1) An individual who holds a certificate of authority must keep a
record issued by a continuing education provider respecting the
continuing education courses completed by the individual during that
certificate term.
(2) The records must be kept for a period of 3 years following the
expiry of the certificate term and must be provided to the Minister
upon request.
(3) If the individual does not provide the records within 30 days
after receiving a request from the Minister, the certificate of
authority is suspended until the demand is complied with.
(4) In this section, "certificate term" has the same meaning as in
section 30(13).
--------------------------------
Alberta Regulation 20/2009
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (EPPA COMPATIBILITY, 2009)
AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 25/2009)
on February 4, 2009 pursuant to Schedules 1, 2, 4 and 5,
section 4 of the Public Sector
Pension Plans Act.
Part 1
1 The Local Authorities Pension Plan (AR 366/93) is
amended by sections 2 to
Section 2 is amended
(
a) in subsection (1)(dd.1)
(
i) by repealing subclause (
i) and substituting the
following:
(
i) a person who, at the relevant time, was married to
a participant or former participant and had not
been living separate and apart from him or her for
3 or more consecutive years, or
(ii) by striking out from ", and was, during" in
subclause (ii) to the end of the clause;
(
b) by adding the following before subsection (2):
(1.2) For the purposes of subsection (1)(dd.1)(i), persons are
living separate and apart
(
a) if they are living apart and either of them has the
intention to live separate and apart from the other, or
(
b) if, before the relevant time,
(
i) they had been living separate and apart for any
period, and
(ii) that period was interrupted or terminated by reason
only that either of them became incapable of
continuing to live separate and apart or of forming
or having the intention to continue to live separate
and apart of that person's own volition,
and the separation would probably have continued if
that person had not become so incapable.
Section 33 is amended
(
a) in subsection (2) by adding ", or" at the end of
clause (
a) and adding the following after clause (a):
(a.1) where a participant or former participant entitled to it
has been declared by the Canada Revenue Agency
under the tax rules to be a non-resident for income tax
purposes or, on the death of a participant or former
participant entitled to it, the benefit would, but for this
clause, have to be paid on a locked-in basis to a pension
partner who has been so declared a non-resident.
(
b) by adding the following after subsection (2):
(2.1) Subsection (2)(a.1) applies with respect to a participant or
former participant who has a pension partner at the date of the
declaration of non-residency only if that pension partner has
executed a waiver in the form and manner and in accordance
with the conditions set out in Form 3 of
Schedule 1.
(
c) in subsection (3) by adding "exercisable on a written
request to the Minister" after "option";
(
d) by adding the following after subsection (4):
(5) Where pension commencement is delayed, the normal
pension referred to in subsection (3)(
a) and the commuted value
referred to in subsection (3)(
b) are to be calculated as at the time
of the last request to the Minister for a calculation prior to the
application for the benefit payment.
Section 34.1(2) is amended by adding "33(5)," after
"section".
Section 37 is amended
(
a) in subsection (3) by adding "or" at the end of clause
(
a) and by repealing clause (b);
(
b) by repealing subsection (6).
Section 57 is amended
(
a) in subsection (1)
(
i) by striking out "This" and substituting "Subject to
section 57.1, this";
(ii) by adding "(in this Division referred to as "the
deceased")" after "pensioner,";
(
b) by repealing subsection (2) and substituting the
following:
(2) In this Division,
(a) "surviving pension partner" means the person (if any)
who was the pension partner of the deceased
immediately before the death occurred, and who
survived the deceased;
(b) "waived the benefit" means, in relation to a pension
partner, validly executed a form waiving the benefits
pursuant to
section 57.1, and "waiver" means such a
valid form.
7 The following is added after
section 57:
Waiver of pre-pension commencement death benefits
57.1 A pension partner who is potentially entitled to receive a
benefit under this Division may, at any time before the deceased's
death, waive entitlement to the benefit in the form and manner and
in accordance with the conditions set out in Form 4 of
Schedule 1,
in which case that pension partner is not entitled to receive the
benefit, and if the deceased designated that pension partner as the
designated beneficiary, then that waiver also applies with respect
to the benefit that the pension partner would otherwise have
received as the designated beneficiary.
Section 58(1) is amended
(
a) in clause (
a) by adding "and if that surviving pension
partner has not waived the benefit" after "one";
(
b) in clause (
b) by adding "or if that surviving pension
partner did waive the benefit" after "partner".
Section 59 is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (a)
(
i) by striking out "the surviving" and substituting
"that surviving";
(ii) by striking out "the pension partner" wherever it
occurs and substituting "that pension partner".
Section 60(1) and (2) are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
Section 64 is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (a)
(
i) by striking out "the surviving" and substituting
"that surviving";
(ii) by striking out "the pension partner" wherever it
occurs and substituting "that pension partner".
Section 65(1) and (2) are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
13 The following is added after
section 112:
Requirement to file waivers and revocations
112.05 A waiver of a benefit or a revocation of such a waiver has
no effect and, for the purposes of the Plan, is not validly executed
unless it is filed with the Minister.
Schedule 1 is amended
(
a) in Form 1 by repealing paragraph 2 and substituting
the following:
2. Being the pensioner's "pension partner" means that
(
a) I am married to the pensioner and have not been living
separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is
no other person to whom paragraph (
a) applies, I am
and have been living with the pensioner in a conjugal
relationship for a continuous period of at least 3 years
or, if there is a child of our relationship by birth or
adoption, of some permanence.
(
b) by repealing Form 2;
(
c) by adding the following at the end:
Form 3
(Section 33(2.1))
LOCAL AUTHORITIES PENSION PLAN
Pension Partner Waiver to Permit
Commutation due to Taking
Non-residency Status
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE LOCAL
TO WIT ) AUTHORITIES PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" (as described below) of (insert
name of participant/former participant) (in this waiver referred to as
"the member") who, at the time of my signing this waiver, is alive.
The member earned benefits under the Local Authorities Pension Plan.
The money respecting those benefits remains in that pension plan.
Being the member's "pension partner" means that
(
a) I am married to the member and have not been living
separate and apart from him or her for 3 or more consecutive
years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I am and have
been living with the member in a conjugal relationship for a
continuous period of at least 3 years or, if there is a child of
our relationship by birth or adoption, of some permanence.
I understand that, as a pension partner of the member, I am,
(
a) if the member dies before pension commencement, entitled
to receive the amount then held for his or her benefit in the
pension plan unless I have previously given up that
entitlement under the waiver in Form 4 in the legislation, and
(
b) if the member dies after pension commencement, the
beneficiary of a minimum 2/3 joint life pension unless I have
previously given up that entitlement under the waiver in
Form 1 in the legislation.
I further understand that if I choose to sign this waiver and it is filed
with the Minister, I give up all entitlement to any benefit, as described
in the preceding paragraph, from the Plan.
Nevertheless, I give up my right to receive the benefit otherwise
required by the legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the member and myself.
I have chosen to sign this waiver and in so doing I give up any and
all of my entitlement to any death benefit payment.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the member's most recent annual statement or a
statement from the Minister showing the balance in his or her
account and know the approximate current value of the
benefit I am giving up as a result of signing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the member is not present while I am signing this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it, and
(
h) the information that I have given in this waiver is true, to the
best of my knowledge, at the time when I have signed and
then file this waiver but, if any of that information changes
before the member makes the election to commute his or her
pension or part of it or dies, whichever happens first, I
undertake that I will immediately notify the Minister of that
change.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Form 4
(Section 57.1)
LOCAL AUTHORITIES PENSION PLAN
Pension Partner Waiver of Pre-pension
Commencement Death Benefit
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE LOCAL
TO WIT ) AUTHORITIES PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" of (insert name of
participant/former participant) (in this waiver referred to as "the
prospective pensioner") who, at the time of my signing this waiver, is
alive, has not commenced to receive a pension or received the benefit
in question and has employee contributions credited to him/her under
the Local Authorities Pension Plan. The money representing the
benefits earned remains in the Plan.
Being the prospective pensioner's "pension partner" means that
(
a) I am married to the prospective pensioner and have not been
living separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I have been
living with the prospective pensioner in a conjugal
relationship for a continuous period of at least 3 years or, if
there is a child of our relationship by birth or adoption, of
some permanence.
I understand that if I do not execute and file with the Minister this
waiver and the prospective pensioner dies before any form of benefit is
or commences to be paid (which time is in this waiver referred to as
"pension commencement") and if I am a pension partner of the
deceased at his or her death, I am entitled to receive a pre-pension
commencement death benefit under the legislation. That benefit is the
value of the benefit at death.
I understand that if I give up my pension partner right to receive any
pre-pension commencement death benefit by signing and filing with
the Minister this waiver, payment of that benefit will be made either to
(
a) a beneficiary, excluding myself, designated by the
prospective pensioner, or
(
b) the deceased's estate.
Nevertheless, I give up my right to receive the pre-pension
commencement death benefit payment otherwise required by the
legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the prospective pensioner and myself.
I have chosen to sign this waiver and in so doing I give up my right
to receive any pre-pension commencement death benefit payment
and to any potential right that I may otherwise have under any
designation of myself as beneficiary signed by the prospective
pensioner.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the prospective pensioner's most recent annual
statement or a statement from the Minister showing the
balance in his or her account and know the approximate
current value of the benefit I am giving up as a result of
executing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the prospective pensioner is not present while I am signing
this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
and
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Part 1 of
Schedule 2 is amended by repealing the
following item:
Bonnyville and District Leisure Facility Corporation
Part 2
16 The Public Service Pension Plan (AR 368/93) is
amended by sections 17 to
Section 2 is amended
(
a) in subsection (1)(dd.1)
(
i) by repealing subclause (
i) and substituting the
following:
(
i) a person who, at the relevant time, was married to
a participant or former participant and had not
been living separate and apart from him or her for
3 or more consecutive years, or
(ii) by striking out from ", and was, during" in
subclause (ii) to the end of the clause;
(
b) by adding the following before subsection (2):
(1.2) For the purposes of subsection (1)(dd.1)(i), persons are
living separate and apart
(
a) if they are living apart and either of them has the
intention to live separate and apart from the other, or
(
b) if, before the relevant time,
(
i) they had been living separate and apart for any
period, and
(ii) that period was interrupted or terminated by reason
only that either of them became incapable of
continuing to live separate and apart or of forming
or having the intention to continue to live separate
and apart of that person's own volition,
and the separation would probably have continued if
that person had not become so incapable.
Section 33 is amended
(
a) in subsection (2) by adding ", or" at the end of
clause (
a) and adding the following after clause (a):
(a.1) where a participant or former participant entitled to it
has been declared by the Canada Revenue Agency
under the tax rules to be a non-resident for income tax
purposes or, on the death of a participant or former
participant entitled to it, the benefit would, but for this
clause, have to be paid on a locked-in basis to a pension
partner who has been so declared a non-resident.
(
b) by adding the following after subsection (2):
(2.1) Subsection (2)(a.1) applies with respect to a participant or
former participant who has a pension partner at the date of the
declaration of non-residency only if that pension partner has
executed a waiver in the form and manner and in accordance
with the conditions set out in Form 3 of
Schedule 1.
(
c) in subsection (3) by adding "exercisable on a written
request to the Minister" after "option";
(
d) by adding the following after subsection (4):
(5) Where pension commencement is delayed, the normal
pension referred to in subsection (3)(
a) and the commuted value
referred to in subsection (3)(
b) are to be calculated as at the time
of the last request to the Minister for a calculation prior to the
application for the benefit payment.
Section 34.1(2) is amended by adding "33(5)," after
"section".
Section 37 is amended
(
a) in subsection (3) by adding "or" at the end of clause
(
a) and by repealing clause (b);
(
b) by repealing subsection (6).
Section 57 is amended
(
a) in subsection (1)
(
i) by striking out "This" and substituting "Subject to
section 57.1, this";
(ii) by adding "(in this Division referred to as "the
deceased")" after "pensioner,";
(
b) by repealing subsection (2) and substituting the
following:
(2) In this Division,
(a) "surviving pension partner" means the person (if any)
who was the pension partner of the deceased
immediately before the death occurred, and who
survived the deceased;
(b) "waived the benefit" means, in relation to a pension
partner, validly executed a form waiving the benefits
pursuant to
section 57.1, and "waiver" means such a
valid form.
22 The following is added after
section 57:
Waiver of pre-pension commencement death benefits
57.1 A pension partner who is potentially entitled to receive a
benefit under this Division may, at any time before the deceased's
death, waive entitlement to the benefit in the form and manner and
in accordance with the conditions set out in Form 4 of
Schedule 1,
in which case that pension partner is not entitled to receive the
benefit, and if the deceased designated that pension partner as the
designated beneficiary, then that waiver also applies with respect
to the benefit that the pension partner would otherwise have
received as the designated beneficiary.
Section 58(1) is amended
(
a) in clause (
a) by adding "and if that surviving pension
partner has not waived the benefit" after "one";
(
b) in clause (
b) by adding "or if that surviving pension
partner did waive the benefit" after "partner".
Section 59 is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (a)
(
i) by striking out "the surviving" and substituting
"that surviving";
(ii) by striking out "the pension partner" wherever it
occurs and substituting "that pension partner".
Section 60(1) and (2) are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
Section 64 is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (a)
(
i) by striking out "the surviving" and substituting
"that surviving";
(ii) by striking out "the pension partner" wherever it
occurs and substituting "that pension partner".
Section 65(1) and (2) are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
28 The following is added after
section 112:
Requirement to file waivers and revocations
112.05 A waiver of a benefit or a revocation of such a waiver has
no effect and, for the purposes of the Plan, is not validly executed
unless it is filed with the Minister.
Schedule 1 is amended
(
a) in Form 1 by repealing paragraph 2 and substituting
the following:
2. Being the pensioner's "pension partner" means that
(
a) I am married to the pensioner and have not been living
separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is
no other person to whom paragraph (
a) applies, I am
and have been living with the pensioner in a conjugal
relationship for a continuous period of at least 3 years
or, if there is a child of our relationship by birth or
adoption, of some permanence.
(
b) by repealing Form 2;
(
c) by adding the following at the end:
Form 3
(Section 33(2.1))
PUBLIC SERVICE PENSION PLAN
Pension Partner Waiver to Permit
Commutation due to Taking
Non-residency Status
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE PUBLIC
TO WIT ) SERVICE PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" (as described below) of (insert
name of participant/former participant) (in this waiver referred to as
"the member") who, at the time of my signing this waiver, is alive.
The member earned benefits under the Public Service Pension Plan.
The money respecting those benefits remains in that pension plan.
Being the member's "pension partner" means that
(
a) I am married to the member and have not been living
separate and apart from him or her for 3 or more consecutive
years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I am and have
been living with the member in a conjugal relationship for a
continuous period of at least 3 years or, if there is a child of
our relationship by birth or adoption, of some permanence.
I understand that, as a pension partner of the member, I am,
(
a) if the member dies before pension commencement, entitled
to receive the amount then held for his or her benefit in the
pension plan unless I have previously given up that
entitlement under the waiver in Form 4 in the legislation, and
(
b) if the member dies after pension commencement, the
beneficiary of a minimum 2/3 joint life pension unless I have
previously given up that entitlement under the waiver in
Form 1 in the legislation.
I further understand that if I choose to sign this waiver and it is filed
with the Minister, I give up all entitlement to any benefit, as described
in the preceding paragraph, from the Plan.
Nevertheless, I give up my right to receive the benefit otherwise
required by the legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the member and myself.
I have chosen to sign this waiver and in so doing I give up any and
all of my entitlement to any death benefit payment.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the member's most recent annual statement or a
statement from the Minister showing the balance in his or her
account and know the approximate current value of the
benefit I am giving up as a result of signing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the member is not present while I am signing this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it, and
(
h) the information that I have given in this waiver is true, to the
best of my knowledge, at the time when I have signed and
then file this waiver but, if any of that information changes
before the member makes the election to commute his or her
pension or part of it or dies, whichever happens first, I
undertake that I will immediately notify the Minister of that
change.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Form 4
(Section 57.1)
PUBLIC SERVICE PENSION PLAN
Pension Partner Waiver of Pre-pension
Commencement Death Benefit
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE PUBLIC
TO WIT ) SERVICE PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" of (insert name of
participant/former participant) (in this waiver referred to as "the
prospective pensioner") who, at the time of my signing this waiver, is
alive, has not commenced to receive a pension or received the benefit
in question and has employee contributions credited to him/her under
the Public Service Pension Plan. The money representing the benefits
earned remains in the Plan.
Being the prospective pensioner's "pension partner" means that
(
a) I am married to the prospective pensioner and have not been
living separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I have been
living with the prospective pensioner in a conjugal
relationship for a continuous period of at least 3 years or, if
there is a child of our relationship by birth or adoption, of
some permanence.
I understand that if I do not execute and file with the Minister this
waiver and the prospective pensioner dies before any form of benefit is
or commences to be paid (which time is in this waiver referred to as
"pension commencement") and if I am a pension partner of the
deceased at his or her death, I am entitled to receive a pre-pension
commencement death benefit under the legislation. That benefit is the
value of the benefit at death.
I understand that if I give up my pension partner right to receive any
pre-pension commencement death benefit by signing and filing with
the Minister this waiver, payment of that benefit will be made either to
(
a) a beneficiary, excluding myself, designated by the
prospective pensioner, or
(
b) the deceased's estate.
Nevertheless, I give up my right to receive the pre-pension
commencement death benefit payment otherwise required by the
legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the prospective pensioner and myself.
I have chosen to sign this waiver and in so doing I give up my right
to receive any pre-pension commencement death benefit payment
and to any potential right that I may otherwise have under any
designation of myself as beneficiary signed by the prospective
pensioner.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the prospective pensioner's most recent annual
statement or a statement from the Minister showing the
balance in his or her account and know the approximate
current value of the benefit I am giving up as a result of
executing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the prospective pensioner is not present while I am signing
this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
and
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Part 3
30 The Management Employees Pension Plan (AR 367/93)
is amended by sections 31 to
Section 2 is amended
(
a) in subsection (1)(dd.1)
(
i) by repealing subclause (
i) and substituting the
following:
(
i) a person who, at the relevant time, was married to
a participant or former participant and had not
been living separate and apart from him or her for
3 or more consecutive years, or
(ii) by striking out from ", and was, during" in
subclause (ii) to the end of the clause;
(
b) by adding the following before subsection (2):
(1.2) For the purposes of subsection (1)(dd.1)(i), persons are
living separate and apart
(
a) if they are living apart and either of them has the
intention to live separate and apart from the other, or
(
b) if, before the relevant time,
(
i) they had been living separate and apart for any
period, and
(ii) that period was interrupted or terminated by reason
only that either of them became incapable of
continuing to live separate and apart or of forming
or having the intention to continue to live separate
and apart of that person's own volition,
and the separation would probably have continued if
that person had not become so incapable.
Section 33 is amended
(
a) in subsection (2) by striking out "or" at the end of
clause (
a) and adding the following after clause (a):
(a.1) where a participant or former participant entitled to it
has been declared by the Canada Revenue Agency
under the tax rules to be a non-resident for income tax
purposes or, on the death of a participant or former
participant entitled to it, the benefit would, but for this
clause, have to be paid on a locked-in basis to a pension
partner who has been so declared a non-resident, or
(
b) by adding the following after subsection (2):
(2.1) Subsection (2)(a.1) applies with respect to a participant or
former participant who has a pension partner at the date of the
declaration of non-residency only if that pension partner has
executed a waiver in the form and manner and in accordance
with the conditions set out in Form 3 of
Schedule 1.
(
c) by adding the following at the end:
(5) Where a former participant is entitled to a benefit under
section 66 and
section 69(
a) or (
b) or 72(
a) or (
b) or both and
does not forthwith apply for that benefit transfer or for a deferred
pension, that person may make one or more requests to the
Minister for the calculation of the amount which could be
transferred under that legislation for the purposes of ascertaining
whether the unlocking potential provided for in subsection (2)(
b) is realized and, if it is, that amount is to be calculated for the
purposes of applying that unlocking as at the time when the last
such request was made prior to the application for the benefit
payment.
Section 34.1(2) is amended by adding "33(5)," after
"section".
Section 37 is amended
(
a) in subsection (3) by adding "or" at the end of clause
(
a) and by repealing clause (b);
(
b) by repealing subsection (6).
Section 57 is amended
(
a) in subsection (1)
(
i) by striking out "This" and substituting "Subject to
section 57.1, this";
(ii) by adding "(in this Division referred to as "the
deceased")" after "pensioner,";
(
b) by repealing subsection (2) and substituting the
following:
(2) In this Division,
(a) "surviving pension partner" means the person (if any)
who was the pension partner of the deceased
immediately before the death occurred, and who
survived the deceased;
(b) "waived the benefit" means, in relation to a pension
partner, validly executed a form waiving the benefits
pursuant to
section 57.1, and "waiver" means such a
valid form.
36 The following is added after
section 57:
Waiver of pre-pension commencement death benefits
57.1 A pension partner who is potentially entitled to receive a
benefit under this Division may, at any time before the deceased's
death, waive entitlement to the benefit in the form and manner and
in accordance with the conditions set out in Form 4 of
Schedule 1,
in which case that pension partner is not entitled to receive the
benefit, and if the deceased designated that pension partner as the
designated beneficiary, then that waiver also applies with respect
to the benefit that the pension partner would otherwise have
received as the designated beneficiary.
Section 58(1) is amended
(
a) in clause (
a) by adding "and if that surviving pension
partner has not waived the benefit" after "one";
(
b) in clause (
b) by adding "or if that surviving pension
partner did waive the benefit" after "partner".
Section 59 is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (a)
(
i) by striking out "the surviving" and substituting
"that surviving";
(ii) by striking out "the pension partner" wherever it
occurs and substituting "that pension partner".
39 Sections 60 and 61 are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
Section 64 is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (a)
(
i) by striking out "the surviving" and substituting
"that surviving";
(ii) by striking out "the pension partner" wherever it
occurs and substituting "that pension partner".
Section 65(1) and (2) are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
42 The following is added after
section 112:
Requirement to file waivers and revocations
112.05 A waiver of a benefit or a revocation of such a waiver has
no effect and, for the purposes of the Plan, is not validly executed
unless it is filed with the Minister.
Schedule 1 is amended
(
a) in Form 1 by repealing paragraph 2 and substituting
the following:
2. Being the pensioner's "pension partner" means that
(
a) I am married to the pensioner and have not been living
separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is
no other person to whom paragraph (
a) applies, I am
and have been living with the pensioner in a conjugal
relationship for a continuous period of at least 3 years
or, if there is a child of our relationship by birth or
adoption, of some permanence.
(
b) by repealing Form 2;
(
c) by adding the following at the end:
Form 3
(Section 33(2.1))
MANAGEMENT EMPLOYEES PENSION PLAN
Pension Partner Waiver to Permit
Commutation due to Taking
Non-residency Status
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE MANAGEMENT
TO WIT ) EMPLOYEES PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" (as described below) of (insert
name of participant/former participant) (in this waiver referred to as
"the member") who, at the time of my signing this waiver, is alive.
The member earned benefits under the Management Employees
Pension Plan. The money respecting those benefits remains in that
pension plan.
Being the member's "pension partner" means that
(
a) I am married to the member and have not been living
separate and apart from him or her for 3 or more consecutive
years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I am and have
been living with the member in a conjugal relationship for a
continuous period of at least 3 years or, if there is a child of
our relationship by birth or adoption, of some permanence.
I understand that, as a pension partner of the member, I am,
(
a) if the member dies before pension commencement, entitled
to receive the amount then held for his or her benefit in the
pension plan unless I have previously given up that
entitlement under the waiver in Form 4 in the legislation, and
(
b) if the member dies after pension commencement, the
beneficiary of a minimum 2/3 joint life pension unless I have
previously given up that entitlement under the waiver in
Form 1 in the legislation.
I further understand that if I choose to sign this waiver and it is filed
with the Minister, I give up all entitlement to any benefit, as described
in the preceding paragraph, from the Plan.
Nevertheless, I give up my right to receive the benefit otherwise
required by the legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the member and myself.
I have chosen to sign this waiver and in so doing I give up any and
all of my entitlement to any death benefit payment.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the member's most recent annual statement or a
statement from the Minister showing the balance in his or her
account and know the approximate current value of the
benefit I am giving up as a result of signing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the member is not present while I am signing this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it, and
(
h) the information that I have given in this waiver is true, to the
best of my knowledge, at the time when I have signed and
then file this waiver but, if any of that information changes
before the member makes the election to commute his or her
pension or part of it or dies, whichever happens first, I
undertake that I will immediately notify the Minister of that
change.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Form 4
(Section 57.1)
MANAGEMENT EMPLOYEES PENSION PLAN
Pension Partner Waiver of Pre-pension
Commencement Death Benefit
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE MANAGEMENT
TO WIT ) EMPLOYEES PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" of (insert name of
participant/former participant) (in this waiver referred to as "the
prospective pensioner") who, at the time of my signing this waiver, is
alive, has not commenced to receive a pension or received the benefit
in question and has employee contributions credited to him/her under
the Management Employees Pension Plan. The money representing
the benefits earned remains in the Plan.
Being the prospective pensioner's "pension partner" means that
(
a) I am married to the prospective pensioner and have not been
living separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I have been
living with the prospective pensioner in a conjugal
relationship for a continuous period of at least 3 years or, if
there is a child of our relationship by birth or adoption, of
some permanence.
I understand that if I do not execute and file with the Minister this
waiver and the prospective pensioner dies before any form of benefit is
or commences to be paid (which time is in this waiver referred to as
"pension commencement") and if I am a pension partner of the
deceased at his or her death, I am entitled to receive a pre-pension
commencement death benefit under the legislation. That benefit is the
value of the benefit at death.
I understand that if I give up my pension partner right to receive any
pre-pension commencement death benefit by signing and filing with
the Minister this waiver, payment of that benefit will be made either to
(
a) a beneficiary, excluding myself, designated by the
prospective pensioner, or
(
b) the deceased's estate.
Nevertheless, I give up my right to receive the pre-pension
commencement death benefit payment otherwise required by the
legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the prospective pensioner and myself.
I have chosen to sign this waiver and in so doing I give up my right
to receive any pre-pension commencement death benefit payment
and to any potential right that I may otherwise have under any
designation of myself as beneficiary signed by the prospective
pensioner.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the prospective pensioner's most recent annual
statement or a statement from the Minister showing the
balance in his or her account and know the approximate
current value of the benefit I am giving up as a result of
executing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the prospective pensioner is not present while I am signing
this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
and
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Part 4
44 The Special Forces Pension Plan (AR 369/93) is
amended by sections 45 to
Section 2 is amended
(
a) in subsection (1)(dd.1)
(
i) by repealing subclause (
i) and substituting the
following:
(
i) a person who, at the relevant time, was married to
a participant or former participant and had not
been living separate and apart from him or her for
3 or more consecutive years, or
(ii) by striking out from ", and was, during" in
subclause (ii) to the end of the clause;
(
b) by adding the following before subsection (2):
(1.2) For the purposes of subsection (1)(dd.1)(i), persons are
living separate and apart
(
a) if they are living apart and either of them has the
intention to live separate and apart from the other, or
(
b) if, before the relevant time,
(
i) they had been living separate and apart for any
period, and
(ii) that period was interrupted or terminated by reason
only that either of them became incapable of
continuing to live separate and apart or of forming
or having the intention to continue to live separate
and apart of that person's own volition,
and the separation would probably have continued if
that person had not become so incapable.
Section 33 is amended
(
a) in subsection (2) by striking out "or" at the end of
clause (
a) and adding the following after clause (a):
(a.1) where a participant or former participant entitled to it
has been declared by the Canada Revenue Agency
under the tax rules to be a non-resident for income tax
purposes or, on the death of a participant or former
participant entitled to it, the benefit would, but for this
clause, have to be paid on a locked-in basis to a pension
partner who has been so declared a non-resident, or
(
b) by adding the following after subsection (2):
(2.1) Subsection (2)(a.1) applies with respect to a participant or
former participant who has a pension partner at the date of the
declaration of non-residency only if that pension partner has
executed a waiver in the form and manner and in accordance
with the conditions set out in Form 3 of
Schedule 1.
(
c) by adding the following at the end:
(5) Where a former participant is entitled to a benefit under
section 66 and
section 69(
a) or (
b) or 72(
a) or (
b) or both and
does not forthwith apply for that benefit transfer or for a deferred
pension, that person may make one or more requests to the
Minister for the calculation of the amount which could be
transferred under that legislation for the purposes of ascertaining
whether the unlocking potential provided for in subsection (2)(
b) is realized and, if it is, that amount is to be calculated for the
purposes of applying that unlocking as at the time when the last
such request was made prior to the application for the benefit
payment.
Section 34.1(2) is amended by adding "33(5)," after
"section".
Section 37 is amended
(
a) in subsection (3) by adding "or" at the end of clause
(
a) and by repealing clause (b);
(
b) by repealing subsection (6).
Section 57 is amended
(
a) in subsection (1)
(
i) by striking out "This" and substituting "Subject to
section 57.1, this";
(ii) by adding "(in this Division referred to as "the
deceased")" after "pensioner,";
(
b) by repealing subsection (2) and substituting the
following:
(2) In this Division,
(a) "surviving pension partner" means the person (if any)
who was the pension partner of the deceased
immediately before the death occurred, and who
survived the deceased;
(b) "waived the benefit" means, in relation to a pension
partner, validly executed a form waiving the benefits
pursuant to
section 57.1, and "waiver" means such a
valid form.
50 The following is added after
section 57:
Waiver of pre-pension commencement death benefits
57.1 A pension partner who is potentially entitled to receive a
benefit under this Division may, at any time before the deceased's
death, waive entitlement to the benefit in the form and manner and
in accordance with the conditions set out in Form 4 of
Schedule 1,
in which case that pension partner is not entitled to receive the
benefit, and if the deceased designated that pension partner as the
designated beneficiary, then that waiver also applies with respect
to the benefit that the pension partner would otherwise have
received as the designated beneficiary.
Section 58(1) is amended
(
a) in clause (
a) by adding "and if that surviving pension
partner has not waived the benefit" after "one";
(
b) in clause (
b) by adding "or if that surviving pension
partner did waive the benefit" after "partner".
Section 59(1) is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (
a) by adding "such" before" a surviving".
53 Sections 60(1) and 61 are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
Section 64 is amended
(
a) by striking out "partner, the" and substituting "partner
who has not waived the benefit, that";
(
b) in clause (a)
(
i) by striking out "the surviving" and substituting
"that surviving";
(ii) by striking out "the pension partner" wherever it
occurs and substituting "that pension partner".
Section 65(1) and (2) are amended by adding "or the
surviving pension partner has waived the benefit" after "partner".
56 The following is added after
section 112:
Requirement to file waivers and revocations
112.05 A waiver of a benefit or a revocation of such a waiver has
no effect and, for the purposes of the Plan, is not validly executed
unless it is filed with the Minister.
Schedule 1 is amended
(
a) in Form 1 by repealing paragraph 2 and substituting
the following:
2. Being the pensioner's "pension partner" means that
(
a) I am married to the pensioner and have not been living
separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is
no other person to whom paragraph (
a) applies, I am
and have been living with the pensioner in a conjugal
relationship for a continuous period of at least 3 years
or, if there is a child of our relationship by birth or
adoption, of some permanence.
(
b) by repealing Form 2;
(
c) by adding the following at the end:
Form 3
(Section 33(2.1))
SPECIAL FORCES PENSION PLAN
Pension Partner Waiver to Permit
Commutation due to Taking
Non-residency Status
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE SPECIAL
TO WIT ) FORCES PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" (as described below) of (insert
name of participant/former participant) (in this waiver referred to as
"the member") who, at the time of my signing this waiver, is alive.
The member earned benefits under the Special Forces Pension Plan.
The money respecting those benefits remains in that pension plan.
Being the member's "pension partner" means that
(
a) I am married to the member and have not been living
separate and apart from him or her for 3 or more consecutive
years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I am and have
been living with the member in a conjugal relationship for a
continuous period of at least 3 years or, if there is a child of
our relationship by birth or adoption, of some permanence.
I understand that, as a pension partner of the member, I am,
(
a) if the member dies before pension commencement, entitled
to receive the amount then held for his or her benefit in the
pension plan unless I have previously given up that
entitlement under the waiver in Form 4 in the legislation, and
(
b) if the member dies after pension commencement, the
beneficiary of a pension of 65% of the pension that would
have been payable to the member unless I have previously
given up that entitlement under the waiver in Form 1 in the
legislation.
I further understand that if I choose to sign this waiver and it is filed
with the Minister, I give up all entitlement to any benefit, as described
in the preceding paragraph, from the Plan.
Nevertheless, I give up my right to receive the benefit otherwise
required by the legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the member and myself.
I have chosen to sign this waiver and in so doing I give up any and
all of my entitlement to any death benefit payment.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the member's most recent annual statement or a
statement from the Minister showing the balance in his or her
account and know the approximate current value of the
benefit I am giving up as a result of signing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the member is not present while I am signing this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it, and
(
h) the information that I have given in this waiver is true, to the
best of my knowledge, at the time when I have signed and
then file this waiver but, if any of that information changes
before the member makes the election to commute his or her
pension or part of it or dies, whichever happens first, I
undertake that I will immediately notify the Minister of that
change.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Form 4
(Section 57.1)
SPECIAL FORCES PENSION PLAN
Pension Partner Waiver of Pre-pension
Commencement Death Benefit
Statutory Declaration
CANADA ) IN THE MATTER OF A PENSION
FOR PROVINCE ) PARTNER WAIVER OF BENEFITS
OF ALBERTA ) UNDER THE SPECIAL
TO WIT ) FORCES PENSION PLAN
[NOTE: In interpreting this waiver form, "the legislation" is to
be taken to mean the provisions of the Public Sector
Pension Plans Act and the subordinate legislation
under it that applies with respect to the Plan.]
I, (Full Name of "pension partner") , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/
Country (if other than Canada)) solemnly declare as follows:
I, (name) , am a "pension partner" of (insert name of
participant/former participant) (in this waiver referred to as "the
prospective pensioner") who, at the time of my signing this waiver, is
alive, has not commenced to receive a pension or received the benefit
in question and has employee contributions credited to him/her under
the Special Forces Pension Plan. The money representing the benefits
earned remains in the Plan.
Being the prospective pensioner's "pension partner" means that
(
a) I am married to the prospective pensioner and have not been
living separate and apart from him or her for 3 or more
consecutive years, or
(
b) if paragraph (
a) above does not apply to me and there is no
other person to whom paragraph (
a) applies, I have been
living with the prospective pensioner in a conjugal
relationship for a continuous period of at least 3 years or, if
there is a child of our relationship by birth or adoption, of
some permanence.
I understand that if I do not execute and file with the Minister this
waiver and the prospective pensioner dies before any form of benefit is
or commences to be paid (which time is in this waiver referred to as
"pension commencement") and if I am a pension partner of the
deceased at his or her death, I am entitled to receive a pre-pension
commencement death benefit under the legislation. That benefit is the
value of the benefit at death.
I understand that if I give up my pension partner right to receive any
pre-pension commencement death benefit by signing and filing with
the Minister this waiver, payment of that benefit will be made either to
(
a) a beneficiary, excluding myself, designated by the
prospective pensioner, or
(
b) the deceased's estate.
Nevertheless, I give up my right to receive the pre-pension
commencement death benefit payment otherwise required by the
legislation.
This waiver does not affect any rights that I could have arising as a
result of any breakdown or potential breakdown in the relationship
between the prospective pensioner and myself.
I have chosen to sign this waiver and in so doing I give up my right
to receive any pre-pension commencement death benefit payment
and to any potential right that I may otherwise have under any
designation of myself as beneficiary signed by the prospective
pensioner.
Certification
I certify that
(
a) I have read this waiver and understand it or the potential
results of my signing it,
(
b) I have read the prospective pensioner's most recent annual
statement or a statement from the Minister showing the
balance in his or her account and know the approximate
current value of the benefit I am giving up as a result of
executing this waiver,
(
c) I am signing this waiver of my own free will,
(
d) the prospective pensioner is not present while I am signing
this waiver,
(
e) I have either obtained independent advice about the
implications of signing this waiver or I do not wish to obtain
such advice,
(
f) I realize that
(
i) this waiver only gives a general description of the legal
rights I have under the legislation, and
(ii) if I wish to understand exactly what my legal rights are,
I must read the legislation applicable and, if necessary,
consult a professional with pension expertise,
and
(
g) I understand that I have the right to cancel this waiver at any
time before the prospective pensioner dies or is paid or
commences to be paid the benefit by filing with the Minister
a properly executed revocation of it.
To waive my rights described above, I sign this waiver form.
And I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath.
DECLARED before me )
at the of ) (Signature of
in this ) pension partner)
day of , 20 )
A Commissioner for Oaths in
and for the Province/Territory
Part 5
Commencement
58(1)
Section 15 is deemed to have come into force on July
17, 2007.
(2) Subject to subsection (1), this Regulation comes into
force on July 1, 2009.
--------------------------------
Alberta Regulation 21/2009
Teachers' Pension Plans Act
TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS) (ALLOCATION
OF SURPLUSES, 2009) AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 26/2009)
on February 4, 2009 pursuant to
section 23 of the Teachers' Pension Plans Act.
1 The Teachers' Pension Plans (Legislative Provisions)
Regulation (AR 204/95) is amended by this Regulation.
Section 9(3) is amended
(
a) by striking out "annually";
(
b) by adding "and with respect to the period" after "date".
Section 15 is repealed.
Section 20 is amended
(
a) by repealing subsections (1), (2) and (3);
(
b) in subsection (4) by striking out "after that as of August
31, 2017";
(
c) by repealing subsection (5) and substituting the
following:
(5) Subsection (4) will not apply if the Crown and the
Association have in writing agreed alternative arrangements to
those in subsection (4) that will apply to surpluses with respect
to post-August 1992 pensionable service, in which case those
written arrangements are to apply.
5 Item 1 of the
Schedule is repealed.
--------------------------------
Alberta Regulation 22/2009
Marketing of Agricultural Products Act
ALBERTA BARLEY PLAN AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 28/2009)
on February 4, 2009 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Barley Plan Regulation (AR 111/99) is
amended by this Regulation.
Section 46 is amended
(
a) in subsection (3) by striking out "3-year";
(
b) by adding the following after subsection (4):
(5) A director may, with the approval of the Council, be
elected to serve one additional consecutive term as director to
enable the Board of Directors to fulfil its commitments to a
national group, an industry group or to an association of which
the Commission is a member.
Section 61 is amended by striking out "2009" and
substituting "2014".
4 The
Schedule is amended
(
a) in
section 1
(
i) in clause (
d) by striking out "No. 26";
(ii) by repealing clause (
f) and substituting the
following:
(
f) Cardston County;
(iii) in clause (
h) by striking out "No. 14";
(
b) in
section 3
(
i) in clause (
a) by striking out "No. 3";
(ii) by repealing clause (
e) and substituting the
following:
(
e) Red Deer County;
(iii) by repealing clause (
g) and substituting the
following:
(
g) Clearwater County;
(
c) in
section 4
(
i) by repealing clause (
a) and substituting the
following:
(
a) Beaver County;
(ii) by repealing clause (
b) and substituting the
following:
(
b) Smoky Lake County;
(iii) by repealing clause (
d) and substituting the
following:
(
d) Camrose County;
(iv) in clause (
e) by striking out "No. 24";
(
v) by repealing clause (
f) and substituting the
following:
(
f) Lamont County;
(vi) by repealing clause (h);
(
d) in
section 5
(
i) by repealing clause (
f) and substituting the
following:
(
f) Leduc County;
(ii) by repealing clause (
m) and substituting the
following:
(
m) Brazeau County;
(
e) in
section 6
(
i) by repealing clause (
i) and substituting the
following:
(
i) Saddle Hills County;
(ii) by repealing clause (
j) and substituting the
following:
(
j) Clear Hills County;
(iii) by repealing clause (
l) and substituting the
following:
(
l) Mackenzie County;
(iv) by repealing clause (
m) and substituting the
following:
(
m) Northern Sunrise County;
--------------------------------
Alberta Regulation 23/2009
Marketing of Agricultural Products Act
POTATO GROWERS OF ALBERTA PLAN AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 29/2009)
on February 4, 2009 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Potato Growers of Alberta Plan Regulation
(AR 291/2002) is amended by this Regulation.
Section 6(
b) is amended by striking out "and" at the end
of subclause (iii), by adding "and" at the end of subclause
(iv) and by adding the following after subclause (iv):
(
v) components of potatoes for food, pharmaceuticals,
nutraceuticals and medical purposes;
Section 11 is repealed and the following is substituted:
Financing of the Plan
11 In accordance with the regulations,
(
a) the Plan is to be financed
(
i) by the charging and collection of service charges from
producers, and
(ii) by any other money payable to or received or accrued
by the Commission;
(
b) the Commission may, from time to time, change the amount
of the service charges, but the change is not effective until it
has been approved by a majority of the producers present at
an annual Commission meeting or a special Commission
meeting.
4 The following is added after
section 23:
Term of office re national or industry group or association
23.1(1) Notwithstanding
section 23(3), a member, with the
approval of Council, may be elected to serve an additional
consecutive term in order to enable the Commission to fulfil its
commitments to a national or industry group or association of
which the Commission is a member.
(2) Notwithstanding
section 23(4), where a person is permitted
under subsection (1) to serve as a member of the Commission for
an additional term, that person
(
a) is not eligible to serve as a member of the Commission for
more than 9 consecutive years, and
(
b) is once again eligible to serve as a member of the
Commission once 3 years have expired from the conclusion
of that person's last term of office.
Section 28(2)(
d) is repealed.
Section 31(6)(
c) is amended by striking out "case" and
substituting "cast".
Section 32 is repealed and the following is substituted:
Election of members at large
32(1) Three members of the Commission are to be elected by
means of a secret ballot as members at large,
(
a) one of whom is to be elected at each annual meeting, and
(
b) for whom nominations are to be received by the Commission
from the floor of each area meeting in accordance with
subsection (2) or who are nominated at the annual meeting of
the Commission.
(2) A person may be nominated for election as a member at large
of the Commission at an area meeting if
(
a) that person is a licensed producer or a representative of a
licensed producer, and
(
b) that person has consented to be nominated.
Section 39 is amended by striking out "2009" and
substituting "2014".
--------------------------------
Alberta Regulation 24/2009
Coal Conservation Act
COAL CONSERVATION AMENDMENT REGULATION
Filed: February 5, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 31/2009)
on February 4, 2009 pursuant to
section 9 of the Coal Conservation Act.
1 The Coal Conservation Regulation (AR 270/81) is
amended by this Regulation.
Section 82 is amended
(
a) in subsection (1) by striking out "Minister of Finance
and Enterprise" and substituting "Board";
(
b) by repealing subsection (3) and substituting the
following:
(3) The security deposit referred to in subsection (1) may be in
cash, letter of credit, negotiable bearer bonds or security bonds
acceptable to the Board and shall be paid at the time or in the
manner that the Board determines.
Section 84(1) and (2) are repealed and the following is
substituted:
84(1) Whenever the Board finds, in connection with the suspension
of normal operation or an abandonment under
section 12 or 19, that
it is necessary to take remedial action because of the failure of the
holder of the permit, licence or approval to comply with the
prescribed conditions or procedures, it shall notify the holder of the
permit, licence or approval accordingly.
(2) When the Board takes remedial action under subsection (1), it
may use the security deposit held to pay for expenditures incurred
for such remedial work.
Section 85 is amended by striking out "Minister of Finance
and Enterprise" and substituting "Board".
Section 90 is amended by striking out "June 30, 2009" and
substituting "June 30, 2014".
Alberta Regulation 25/2009
Apprenticeship and Industry Training Act
TRADES (EXPIRY DATES) AMENDMENT REGULATION
Filed: February 11, 2009
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on December 12, 2008 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act and approved by the Minister of Advanced Education and
Technology on January 5, 2009 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act.
1(1) The Electric Motor Systems Technician Trade
Regulation (AR 273/2000) is amended by this section.
(2) Section 9 is amended by striking out "August 31, 2009"
and substituting "August 31, 2018".
2(1) The Lather-Interior Systems Mechanic Trade
Regulation (AR 287/2000) is amended by this section.
(2) Section 9 is amended by striking out "August 31, 2009"
and substituting "August 31, 2017".
3(1) The Roofer Trade Regulation (AR 301/2000) is
amended by this section.
(2) Section 9 is amended by striking out "August 31, 2009"
and substituting "August 31, 2017".
4(1) The Tool and Die Maker Trade Regulation (AR 43/2003)
is amended by this section.
(2) Section 8 is amended by striking out "March 31, 2009"
and substituting "March 31, 2011".