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AR 369/93 SPECIAL FORCES PENSION PLAN

(Consolidated up to 154/2014)

ALBERTA REGULATION 369/93

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN

Table of Contents

Application and Interpretation

                1      Application

                2      Interpretation generally

                3      Interpretation ‑ employee

                5      Interpretation ‑ disability plan

Part 1
Administration

                6      Fiscal year of Plan

                7      Administration of the Plan

                8      Report to Board

                9      Forms

Part 2
Participation

              10      The participants

              11      Exceptions to participation

Part 3
Funding

              12      Disposition of contributions

              13      Participant’s current service contributions

              14      Participant’s contributions respecting leave periods

              15      Employer contributions for current service

              16      Additional contributions

              17      Interest on unpaid or unremitted contributions

              18      Prior service contributions ‑ evidence requirement

Part 4
Pensionable Service

              20      Computation of pensionable service

              22      Requirement to apply and make payments in time

              23      Method of making lump sum and instalment contributions ‑ general provisions

              24      Payment of balance on termination

              25      Effect of leave without salary on instalment payments

              26      Prior service liability - continuation of arrangements under former Act

           26.1      Cessation of prior service arrangement payments

              27      Partial credit of partially paid service

              28      Interest on unpaid or unremitted prior service contributions

Part 5
Benefits

              29      Interpretation and application of Subdivisions A

              30      Interpretation and application of Subdivisions B

              31      Pensionable service references re vesting

              32      Limitation of benefits where obtainable under Subdivisions A and B

              33      Locking in - general provisions

              34      Imposition of locking in on other plans and vehicles

           34.1      Commuted value and employee contribution excess

Division 1
Retirement Benefits

Subdivision A
For Service Before 1992

              35      Limitation of benefits to meet tax rules

              36      Normal pension based on age or service

              37      Pension partner protection

              38      Alternative forms of pension

              40      Attainment of latest pension commencement date

              41      Disability pensions

              42      Disability pension adjustments

              43      Postponement of pension

              44      Failure to select pension

              45      Death after entitlement to section 36 pension

Subdivision B
For Service After 1991

              46      Tax rule limitations on benefits

              47      Normal pension based on age or age and service

              48      Spousal protection

              49      Alternative forms of pension

              51      Attainment of latest pension commencement date

              52      Disability pensions

              53      Disability pension adjustments

              54      Postponement of pension

              55      Failure to select pension

              56      Death after entitlement to section 47 pension

Division 2
Death Benefits

              57      Application and interpretation of Division

           57.1      Waiver of pre‑pension commencement death benefits

              58      Return of prior, etc. service contributions

Subdivision A
For Service Before 1992

              59      Benefit on death before commencement of pension - pension partners entitlements

              60      Idem - where no pension partner, but dependent minor children

              61      Idem - where no pension partner or dependent minor children

Subdivision B
For Service After 1991

              63      Interpretation for Subdivision

              64      Benefit on death before commencement of pension - pension partners entitlements

              65      Idem - where no pension partner

Division 3
Benefits on Termination Before Pension Eligibility

              66      Application of Division

              67      Return of prior service contributions

              68      Locking in under old reciprocal agreements

Subdivision A
For Service Before 1992

              69      Termination after 5 years pensionable service

              70      Termination before 5 years pensionable service

              71      Excess not transferred under reciprocal agreement

Subdivision B
For Service After 1991

              72      Termination after 5 years pensionable service

              73      Termination before 5 years’ pensionable service

              74      Excess not transferred under reciprocal agreement

Division 4
Cost‑of‑Living Increases

Subdivision A
For Service Before 1992

              75      Cost‑of‑living increases

              76      Increase by Board of normal COLA

Subdivision B
For Service After 1991

           78.2      Cost-of-living increases

Division 5
Miscellaneous

Subdivision A
For Service Before 1992

              79      Interest allowance

              80      Co‑ordination of certain pensions with C.P.P. and O.A.S.

              81      Pension commencement

              82      Commencement of guaranteed term of years

              83      Requirement of evidence

              84      Transfer of pensions under reciprocal agreements

              86      Beneficiaries

              87      Method of payment of pensions

              88      Idem ‑ conversion following death

              89      Prohibition of pension suspension

              91      Continuation of existing pensions and pension rights


Subdivision B
For Service After 1991

              92      Interest allowance

              93      Co‑ordination of certain pensions with C.P.P. and O.A.S.

              94      Pension commencement

              95      Commencement of guaranteed term of years

              96      Requirement of evidence

              97      Transfer of pensions under reciprocal agreements

              99      Beneficiaries

            100      Method of payment of pensions

            101      Idem ‑ conversion following death

            102      Prohibition of pension suspension

            104      Continuation of existing pensions and pension rights

Part 6
Miscellaneous

            105      Interest chargeable

            106      Advance against pension

            107      Actuarial formulas

            108      Exercise of benefit choice

            109      Prohibition against assignment, etc.

            110      Overpayments and deficiencies

            111      Return of money

            112      Retentions for debt

       112.05      Requirement to file waivers and revocations

Part 7
Transitional and Commencement Provisions

         112.1      Pre-commencement indexing contributions

            114      Transitional ‑ prior service provisions

            115      Transitional ‑ spousal protection

            116      Savings ‑ suspensions of pension

            117      Commencement

Schedules

Application and Interpretation

Application

1   This Regulation constitutes the major part of the plan rules for the Special Forces Pension Plan (in these plan rules referred to as “the Plan”).

Interpretation generally

2(1)  In these plan rules,

                               (a)    “Act” means sections 1 to 9.2 of and Schedule 4 to the Public Sector Pension Plans Act;

                              (b)    “Act Schedule” means the Schedule 4 referred to in clause (a);

                               (c)    “actuarial equivalent” means the equivalent in actuarial present value, as calculated by the Plan’s actuary and approved in writing by the Minister;

                              (d)    “actuarial reserve” means the actuarial present value of benefits payable in the future in respect of a period of service already performed, including the portion of those benefits relating to expected future salary increases, as determined by the Plan’s actuary and approved by the Minister;

                               (e)    “actuarial valuation report” means a report prepared under section 5(1) of the Act Schedule;

                               (f)    “actuary” means a Fellow of the Canadian Institute of Actuaries;

                               (g)    “additional contributions” means additional contributions under section 9 of the Act Schedule;

                              (h)    “benefit” means a retirement benefit, a death benefit or a benefit on termination before pension eligibility, under Part 5;

                               (i)    “commencement”, except where it relates to a benefit, means January 1, 1994;

                               (j)    “commuted value” means the actuarial present value of accrued benefits, determined using actuarial assumptions and methods recommended by the Canadian Institute of Actuaries for the minimum transfer values of deferred pensions as at the date provided for in this Plan, but including any such value to be determined on a transfer under a new reciprocal agreement;

                              (k)    “continuous basis” means, in relation to employment, a basis where no date or event, other than by reference to the attainment of the mandatory retirement age, if any, fixed with reference to the employment, has been established for the termination of the employment;

                               (l)    “contributions” means contributions, including additional contributions and post‑1991 COLA contributions, under the Plan, and includes any payment referred to in section 20(1)(d), before its repeal, or section 20(1.1)(d) and contributions under the former Act that are of a nature corresponding to those in question;

                             (m)    “current service contributions” means a participant’s contributions under section 13 or 14 or both, and includes current service contributions under and within the meaning of the former Act;

                              (n)    “dependent minor child” means, in relation to a deceased, a minor child who

                                        (i)    was wholly or substantially supported financially by that other person immediately before that person’s death, and

                                      (ii)    was not then married;

                              (o)    “disability plan” means a long term disability income continuance plan or program that satisfies the criteria specified in section 5 and that is filed with the Minister, or compensation for temporary total disability or temporary partial disability referred to in section 56(8) of the Workers’ Compensation Act;

                              (p)    “employee” means

                                        (i)    a police officer employed by a local authority on a full‑time continuous basis,

                                   (ii.ii)    a police officer who is on a job‑sharing arrangement,

                                     (iv)    a police officer who is on leave without salary from a local authority’s police service or in receipt of benefits under its disability plan, and who falls within section 3, or

                                       (v)    any other person employed by a local authority who immediately before commencement was participating in the pension plan under the former Act,

                                       for which purpose section 3(7) applies;

                              (q)    “employer” means a local authority that employs a participant or otherwise occupies an employer or former employer relationship in relation to a person who is or was a participant;

                               (r)    “financing rate” means, in relation to interest, the rate specified in section 105(3);

                               (s)    “fiscal year” means the fiscal year of the Plan provided for in section 6;

                               (t)    “former Act” means the Special Forces Pension Plan Act and includes the Special Forces Pension Act or the corresponding provisions of it, and the regulations under the Act in question;

                              (u)    “full‑time basis” means, in relation to an employment, a basis where the regularly scheduled hours of work in the employment are not fewer than 30 hours per week;

                           (u.2)    “job‑sharing arrangement” means an arrangement, approved by the employing local authority, in which the police officers in the arrangement are employed on a basis that, taken together, constitutes a full‑time continuous basis;

                           (u.3)    “latest pension commencement date” means, in relation to a participant or former participant whose pension has not yet commenced, the last moment as of which that person is or was allowed to commence to receive the pension under the tax rules;

                              (v)    “leave with partial salary” means a period of service

                                        (i)    during which a participant is, with the authority of his employer, on leave from all or a portion of the regular duties of his employment and is receiving remuneration that is less than regular salary from his employer, and

                                      (ii)    that, if after 1991, is or was an eligible period of temporary absence or an eligible period of reduced pay under and within the meaning of the tax rules,

                                       but does not include a period during which he is in receipt of benefits under a disability plan;

                              (w)    “leave without salary” means a period of service during which a participant is, with the authority of his employer, on leave from the regular duties of his employment and is receiving no remuneration from his employer and includes leave without pay under the former Act, but does not include a period during which he is in receipt of benefits under a disability plan;

                          (w.2)    “local authority” means a body any of whose workers participate or are eligible to participate in the Local Authorities Pension Plan;

                              (x)    “locked‑in retirement account” means a registered retirement savings plan that meets the conditions referred to in section 1(1)(ff) of the Employment Pension Plans Act (SA 2012 cE‑8.1);

                              (y)    “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;

                               (z)    “new reciprocal agreement” means a reciprocal agreement in respect of which all the conditions specified in sections 84(2) and 97(2) had been fully met at the time in question;

                             (aa)    “old reciprocal agreement” means a reciprocal agreement that is not a new reciprocal agreement;

                            (bb)    “participant” means a person who is a participant of the Plan by virtue of Part 2;

                             (cc)    “pension” means a pension under the Plan;

                            (dd)    “pension commencement” means the time established by section 81 or 94 that constitutes the effective date for the commencement of the relevant pension;

                         (dd.1)    “pension partner” means

                                        (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)    if there is no person to whom subclause (i) applies, a person who, as at and up to the relevant time, had lived with the participant or former participant in a conjugal relationship

                                              (A)    for a continuous period of at least 3 years, or

                                              (B)    of some permanence, if there is a child of the relationship by birth or adoption;

                             (ee)    “pensionable salary” means the salary of a participant that is compensation within the meaning of the tax rules, subject however to such limitation as is necessary to ensure that the benefit accrual for the calendar year, being the amount of benefit accrued in respect of that year’s pensionable service, as computed under the tax rules, does not exceed the defined benefit limit fixed by the tax rules for that year;

                              (ff)    “pensionable service” means, subject to section 20, service in respect of which contributions have been made under section 13, 14, 20 or 26 or section 14 or 16 of the former Act;

                          (ff.1)    “police officer” means a peace officer who is a member of a police service with authority to enforce federal and provincial statutes in force in Alberta generally, excluding a person acting solely as a special constable;

                             (gg)    “prior service” means any service other than that for which current service contributions are or were made, and includes service that was prior service under the former Act;

                            (hh)    “reciprocal agreement” means a reciprocal or any other agreement entered into under section 84 or 97, and includes an order under section 10(1) of the Regulations or an equivalent agreement or order under the former Act;

                              (ii)    “registered” means registered or accepted for registration under the Income Tax Act (Canada);

                              (jj)    “Regulations” means the portion of the Public Sector Pension Plans (Legislative Provisions) Regulation preceding the Schedules and Schedule 4 to that Regulation;

                              (ll)    “salary”, subject to sections 29 and 30, means

                                        (i)    subject to subclause (ii), an employee’s gross basic pay for the performance of the regular duties of the employment, or

                                      (ii)    in the case of an employee who is receiving benefits under a disability plan or on leave without salary, the salary he was earning immediately before he commenced to receive those benefits or went on that leave, adjusted in accordance with any subsequent general adjustments in respect of the period in question that are applicable to the class of employees that he was then in,

                                       and includes acting pay (that is, pay at a higher level or extra pay for the performance on a temporary basis of duties at a higher level than the duties referred to in subclause (i)) which the employer treats as salary under the employer’s established salary policy for pension purposes, but does not include any expense allowance, overtime payment, special remuneration or other similar compensation (other than such acting pay);

                          (mm)    “salary period” means the length of time, related to a recurring salary payment cycle, for which an employee normally receives a payment of salary;

                            (nn)    “service” means

                                        (i)    any period that may be recognized as eligible service under the tax rules, except any such period performed outside Canada, and

                                      (ii)    any other period before July 1, 2002 that was or is maintained as pensionable service as the result of section 20(1.1)(b) or (c);

                            (oo)    repealed AR 100/2002 s13;

                            (pp)    “tax rule excess” means any amount of money that, when a transfer is to be made from the Plan to a registered retirement savings plan, exceeds that amount that will, in the Minister’s opinion, be certain not to attract an income tax penalty under the tax rules in respect of the transfer;

                            (qq)    “tax rules” means those provisions of the Income Tax Act (Canada) or of the regulations under it, or of both, that apply to pension plans registered or to be registered under that Act and includes any approval, certification or other permission or any direction or order from the federal Minister of National Revenue the absence of which or failure to comply with which may make the Plan’s registration liable to revocation under that Act;

                              (rr)    “termination”, used in relation to a person, means that person’s ceasing to be an employee, under any circumstances other than death;

                             (ss)    “transfer” or “transferred”, where used with reference to the transfer of money from the Plan, means transfer or transferred (as the case may be) to another registered pension plan, to a registered retirement savings plan, to a locked‑in retirement account or to any other registered vehicle that is designed to assist with retirement savings, to the extent, in the case of a transfer to a registered retirement savings plan, that the amount transferred does not constitute a tax rule excess and with any tax rule excess being paid to the person entitled;

                          (ss.2)    “vested” means, in relation to a participant, having

                                        (i)    accumulated at least 5 years’ pensionable service, or

                                      (ii)    attained the age of 65 years;

                              (tt)    “year’s maximum pensionable earnings” means the Year’s Maximum Pensionable Earnings within the meaning of the Canada Pension Plan (Canada).

(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.

(2)  References in these plan rules to a section “of the Act”, where there is no reference to the Act Schedule, are references to a section of the Public Sector Pension Plans Act preceding Schedule 1 to that Act.

AR 369/93 s2;109/96;23/97;150/98;68/2002;100/2002;301/2003;108/2004;

34/2007;20/2009;154/2014

Interpretation - employee

3(1)  For the purposes of the Plan, an employee who commences to receive benefits under a disability plan remains, while receiving those benefits, an employee of the employer who was employing him immediately before that time.

(2)  For the purposes of the Plan, an employee who goes on leave without salary remains, while on that leave, an employee of the employer who authorized that leave.

(7)  To the extent that a person is or was employed by a commission as defined in the Police Act, he is, to that extent and for the purposes of the Plan, deemed to be or to have been employed by the local authority that established the commission.

4   Repealed AR 68/2002 s3.

Interpretation - disability plan

5   The criteria for disability plans referred to in section 2(1)(o) are as follows:

                               (a)    all participants employed by an employer in a group specified by the Minister in relation to the employer, except for those ineligible for coverage by reason of not meeting the medical requirements, must be covered by the disability plan;

                              (b)    a participant must not be required to apply for a pension as long as he qualifies for benefits under the disability plan.

Part 1
Administration

Fiscal year of Plan

6   The fiscal year of the Plan is the calendar year.

Administration of the Plan

7(1)  The Minister is the administrator of the Plan.

(2)  Notwithstanding anything in the Plan except subsection (3), the Minister shall administer the Plan in accordance with the tax rules.

(3)  If in any respect the Plan does not comply with the applicable tax rules, the Minister may administer the Plan as if it were amended so to comply.

(4)  In administering the Plan, the Minister shall follow applicable general policy guidelines set for the purposes of section 3(2)(c) of the Act Schedule.

Report to Board

8   The Minister shall provide to the Board, at the request of the Board and at least semi‑annually, written reports on the administration of the Plan and on the investment of the plan fund’s assets.

Forms

9   The forms provided for by these plan rules are those set out in Schedule 1.

Part 2
Participation

The participants

10(1)  Subject to section 11, the persons who are to participate in the Plan are

                               (a)    employees falling within section 2(1)(p)(i), (ii.ii) or (iv) in or with respect to a police service referred to or listed in Schedule 2, and

                              (h)    employees falling within section 2(1)(p)(v) who have not ceased to participate in the Plan.

(2)  The Minister shall, on application by a local authority in respect of its police service and with the consent of the police association and the Board, bring that police service under the Plan by making a regulation adding the name of the police service to the list of police services in Schedule 2.

Exceptions to participation

11   Section 10 does not apply to an employee

                               (a)    after the employee reaches his latest pension commencement date,

                              (b)    who reached that date before July 1, 2002,

                               (c)    repealed AR 301/2003 s38,

                              (d)    who is in receipt of a pension in respect of his own pensionable service, or

                           (d.1)    who has ever been in receipt of any pension after December 31, 2000.

AR 369/93 s11;325/2000;68/2002;301/2003

Part 3
Funding

Disposition of contributions

12   All contributions, with interest, if any, shall be made and remitted to the Minister of Finance for deposit under section 8(1)(a) or (b), as appropriate, of the Act Schedule.

AR 369/93 s12;268/2002;68/2008;31/2012

Participant’s current service contributions

13(1)  Subject to this section and section 14(1), a participant shall, at intervals coinciding with the salary periods fixed by his employer with respect to him, make contributions for current service for which he is receiving remuneration at the aggregate percentage rate of

                               (a)    11.95% of the participant’s pensionable salary, exclusive of post‑1991 COLA contributions, and

                              (b)    0.75% of the participant’s pensionable salary as post‑1991 COLA contributions, being the amount payable into the indexing fund.

(2)  An employer who is paying a participant’s remuneration is liable for the remittance of the current service contributions under subsection (1), for which purpose he may, if applicable, withhold those contributions from the remuneration payments.

(3)  Current service contributions are not to be made after the length of a participant’s pensionable service has reached 35 years.

AR 369/93 s13;310/2002;261/2009

Participant’s contributions respecting leave periods

14(1)  A participant who is performing service in the form of qualifying leave without salary may have that service taken into account as pensionable service and, if he wishes to do so, may make contributions pursuant to section 13(1) with respect to that leave.

(2)  Subject to this section, a person who

                               (a)    was performing service in the form of qualifying leave without salary,

                              (b)    wishes to have any period of that qualifying leave taken into account as pensionable service on the basis set out in this section, and

                               (c)    did not make contributions under section 13(1) in respect of that period,

must make contributions in respect of that period in accordance with this section at the rates referred to in section 13(1), with interest at the relevant rate.

(3)  If the required payment exceeds $500, the person may choose to make the payment by instalments pursuant to sections 23 to 25 with interest at the financing rate, as if it were prior service contributions, if he provides the Minister with a completed election to do so in the form required by the Minister before May 1 of the year following the year in which the qualifying leave period terminated.

(4)  If the person does not choose to make the required payment in accordance with subsection (3) or if the required payment does not exceed $500, he must make the whole of the required payment, including interest, before the date referred to in subsection (3).

(5)  If the person does not return to the employment at the end of the qualifying leave period or returns to the employment but terminates it before the date referred to in subsection (3), he must apply to the Minister to have the qualifying leave period taken into account as pensionable service within 30 days of termination or before the date referred to in subsection (3), whichever is earlier, and must pay the whole of the required payment, with interest, within 90 days of being requested by the Minister to make payment.

(6)  Where an employer notifies the Minister that the terms and conditions of a qualifying leave without salary have not been met, the participant’s contributions shall be returned, with interest at the rate allowed under section 79 or 92 or that person shall not be allowed to make the contributions, as the case may be, in respect of the qualifying leave.

(7)  Section 27 applies for the purposes of subsections (3), (4) and (5).

(8)  In this section, “qualifying leave without salary” or “qualifying leave” means any period of leave without salary to the extent that the aggregate of

                               (a)    all the periods of leave without salary, both before and after the beginning of January 1, 1992, and all unsalaried portions of periods of leave with partial salary occurring after 1991 (excluding any period referred to in clause (b)) does not exceed 5 years, and

                              (b)    all the periods of parenting of an individual, as that term is used in the tax rules, occurring after June 30, 2002 does not exceed 3 years.

AR 369/93 s14;68/2002;34/2007

Employer contributions for current service

15(1)  Subject to subsections (2) and (3), whenever current service contributions are made, the participant’s employer is liable to make contributions for the current service at the percentage rates of

                               (a)    13.05% of the participant’s pensionable salary, exclusive of post‑1991 COLA contributions, and

                              (b)    0.75% of the participant’s pensionable salary as post‑1991 COLA contributions, being the amount payable into the indexing fund.

(2)  The aggregate of the periods of leave without salary in respect of which an employer is liable to make contributions is limited to one year less any periods for which any other employers have been so liable.

(3)  The contributions required by subsection (1) are to be paid by the participant, rather than the employer, where the service in question is leave without salary beyond the limitation period referred to in subsection (2).

(4)  Where contributions are returned under section 14(6), the Minister shall also return the corresponding contributions under this section, with interest at the rate allowed under section 79 or 92 to the person who paid them.

AR 369/93 s15;310/2002;261/2009

Additional contributions

16   Subject to the Act, sections 13, 14 and 15, as they apply with respect to contributions for current pensionable service, apply with respect to additional contributions under, and at the rates of pensionable salaries set by, section 9 of the Act Schedule.

Interest on unpaid or unremitted contributions

17(1)  Where contributions under section 13, 14, 15 or 16 to be remitted by an employer or the Crown are not received by the Minister of Finance on or before the end of a period of 15 days following

                               (a)    the end of the salary period for which they are payable, or

                              (b)    in the case of contributions that are not regularly payable, the last date on which they are payable,

the Minister of Finance may charge the employer or the Crown, as the case may be, interest on those overdue contributions.

(2)  Interest charged under subsection (1) is payable at a rate per year equal to the prime interest rate, according to the Canadian Imperial Bank of Commerce, on the first banking day of each quarter, plus 2%.

(3)  Where contributions that were liable to be remitted by an employer under section 13 but were not withheld by the employer are more than $500 in arrears, the Minister may enter into an arrangement with a participant, former participant or the employer pursuant to sections 23 to 25, with interest at the financing rate, as if the contributions were prior service contributions payable by a participant, for payment of the amount owing.

AR 369/93 s17;268/2002;68/2008;31/2012

Prior service contributions - evidence requirement

18   Before any contributions with respect to prior service may be made, there must be provided to the Minister, so far as applicable, the documents required by section 83(1) or 96 or both.

Part 4
Pensionable Service

Computation of pensionable service

20(1)  Repealed AR 68/2002 s6.

(1.1)  Subject to this section, in computing the length of pensionable service that a person accumulated, the following periods of service, not exceeding 35 years in aggregate, are the periods to be taken into account:

                               (a)    service after June 30, 2002 with an employer in respect of which current service contributions have been made;

                              (b)    periods before July 1, 2002 which, as at the end of June 30, 2002, had been acquired as pensionable service;

                               (c)    other periods before July 1, 2002 in respect of which arrangements for payment had been made before that date under the applicable provisions referred to in sections 22 to 25 or arrangements referred to in section 26 had been made to acquire those periods as pensionable service, and provided that those arrangements and the rules of the Plan applicable to them continue after that date to be adhered to without interruption;

                              (d)    any other service in respect of which arrangements for payment have been made after June 30, 2002 on an actuarial reserve basis and the applicable terms and conditions set out in sections 22 to 25 have been satisfied.

(2)  Repealed AR 68/2002 s6.

(3)  Service that is recognized as pensionable under any other registered pension plan under which a person is receiving or is or will be entitled to receive a pension may not be taken into account as pensionable service.

(4)  Service with respect to which the contributions made have been returned or paid to a person or contributions or pension entitlements have been transferred out of the Plan on a person’s behalf may not be taken into account as pensionable service.

(6)  A person may not be credited with more than one year’s pensionable service in respect of service performed in a calendar year, regardless of the nature and extent of the service so performed.

(7)  Contributions referred to in subsection (1.1)(d) are subject to any limitations imposed under the applicable circumstances by the tax rules.

(8)  Where service is performed on less than a full‑time basis, the length of the service performed is to be prorated in determining the length of the pensionable service accumulated.

(10)  The conditions referred to in subsection (1.1)(d) are that, if the service occurred after July 31, 1992, post‑1991 COLA contributions must have been paid by the participant in respect of that service as if they had been employee and employer post‑1991 COLA contributions payable under sections 13 and 15, with interest.

AR 369/93 s20;68/2002;100/2002

Requirement to apply and make payments in time

22(1)  Service described in section 20(1.1)(d) may not be taken into account as pensionable service unless the person entitled to have it taken into account applied to the Minister in the form approved by the Minister, while a participant, as to the amount of contributions required and has complied with section 23 and, where applicable, sections 24 and 25.

(2)  After receiving an application as to the amount of contributions required, the Minister shall send the applicant a notice advising of the required amount.

AR 369/93 s22;68/2002

Method of making lump sum and instalment contributions - general provisions

23(1)  Contributions for service described in section 20(1.1)(d), except in the case of a payment into the Plan under a reciprocal agreement, are to be made by lump sum payment, by instalments withheld from remuneration or by annual instalments, but they may be made only by lump sum payment if the required payment is $500 or less.

(2)  In the case of a lump sum payment, the required amount must be paid in full within 90 days of the date of the notice advising the person of the required amount.

(3)  In the case of payment by instalments withheld from remuneration, the participant must authorize the withholding and the first payment must be withheld from the participant’s remuneration and remitted to the Minister of Finance within 90 days of the date of the notice advising of the required amount, and the required amount must be paid in full by regular instalments withheld from remuneration in an amount that is not less than $50 per month and is in any case at least sufficient to ensure full payment, with interest at the financing rate,

                               (a)    by his latest pension commencement date,

                              (b)    by the date when the aggregate of the number of years of

                                        (i)    his pensionable service already accumulated,

                                      (ii)    all service being acquired by him, and

                                     (iii)    the pensionable service that will accumulate on a current basis while the instalments are being made, assuming no change in employment,

                                       will equal 35 years, or

                               (c)    in 10 years,

whichever comes first.

(4)  In the case of payment by annual instalments, the required amount must be paid in full by annual payments each in an amount that is at least equal to 12 times the minimum monthly payment specified in subsection (3), with the first instalment being remitted to the Minister of Finance within 90 days of the date of the notice advising the person of the required amount and the subsequent annual instalments being payable on or before the anniversary of the due date of the first instalment.

(5)  Notwithstanding a person’s having entered into arrangements to effect payment under subsection (3) or (4), he may thereafter change the basis of instalment payments to that provided for in subsection (4) or (3) respectively.

(6)  Notwithstanding a person’s having entered into arrangements to effect payment under subsection (3), (4) or (5), he may at any time prepay the balance of the required amount or any portion of that balance, without penalty.

AR 369/93 s23;68/2002;268/2002;68/2008;31/2012

Payment of balance on termination

24   Notwithstanding section 23, where a person terminates leaving contributions covered by section 20(1.1)(c) or (d) that are not fully paid, he must pay the full balance of the required amount within 90 days after termination if he wishes the remaining service to be taken into account as pensionable service.

AR 369/93 s24;68/2002

Effect of leave without salary on instalment payments

25(1)  Notwithstanding section 23, a participant who goes on leave without salary and has previously undertaken payments under section 23(3), (4) or (5) may

                               (a)    continue to make those payments, or

                              (b)    without affecting his liability to make the payments within the time limit that would have applied had he not gone on that leave, cease to make those payments during the leave period.

(2)  Where the participant has ceased to make payments under subsection (1)(b), he shall recommence making them within 90 days after the end of the leave period and make such further payments as the Minister considers necessary to ensure that the time limit referred to in that clause is met.

Prior service liability - continuation of arrangements under former Act

26(1)  Notwithstanding anything in the Plan, a person who immediately before commencement was participating in the Plan under the former Act and had previously made arrangements for payment with respect to prior service under and within the meaning of the former Act is to continue to make payments under those arrangements under the same terms and conditions, including the rate of interest, until payment is made in full, and the employer is liable to continue to make those contributions, if any, with interest at the rate formerly payable, in respect of that service, that the employer would have been liable to make had the former Act been still in force.

(2) and (3)  Repealed AR 68/2002 s10.

AR 369/93 s26;68/2002

Cessation of prior service arrangement payments

26.1   If a person to whom section 20(1.1)(c) applies ceases to make the required payments under the arrangements referred to in that clause, section 27 applies and, on the crediting of service under that section, the person is thereafter entitled to purchase the remainder of the service not credited only pursuant to sections 20(1.1)(d) and 22 to 25.

AR 68/2002 s11

Partial credit of partially paid service

27   Notwithstanding section 22(1), where a person complied with the applicable provisions of sections 20(2), 23, 24 and 25 or section 26 except that he did not pay the whole of the required amount, the Minister may take the service for which he has paid into account as pensionable service.

AR 369/93 s27;68/2002

Interest on unpaid or unremitted prior service contributions

28   Where contributions under or referred to in section 20(1.1)(c) or (d) or 26 to be remitted by an employer are not received by the Minister of Finance on or before the end of a period of 15 days following

                               (a)    in the case of a lump sum payment, the last date on which it is payable,

                              (b)    in the case of instalments withheld from remuneration, the end of the salary period for which they are payable, or

                               (c)    in the case of annual instalments, the applicable date referred to in section 23(4),

the Minister of Finance may charge the employer interest on those overdue contributions at the rate referred to in section 17(2).

AR 369/93 s28;68/2002;268/2002;68/2008;31/2012

Part 5
Benefits

Interpretation and application of Subdivisions A

29(1)  This section applies with respect to the interpretation and application of Subdivision A of any Division of this Part and, in any such Subdivision,

                               (a)    “employee contributions” means the following, so far as they relate to service that occurred before 1992 and have not previously been returned, namely

                                        (i)    current service contributions,

                                      (ii)    contributions described in section 15(3),

                                     (iii)    contributions for prior service made by a participant, and

                                     (iv)    any part of a sum paid into the Plan under an old or a new reciprocal agreement that is recognized by the Minister as employee contributions,

                                       whether those contributions were made before or after January 1, 1992, and includes interest on those amounts;

                              (b)    “highest average salary” means, subject to this section, the average remuneration resulting from the application of subclause (i) or of subclauses (i) and (ii) combined, as the case may be:

                                        (i)    a person’s annual salaries in the 5 or, if less than 5, the total number of consecutive years (whether before or after or partly before and partly after the beginning of 1992) of the following service over which the average of his salaries was the highest, namely

                                              (A)    his pensionable service for which current service contributions were paid,

                                              (B)    any further service that would be pensionable service referred to in paragraph (A) but only for its exceeding the 35‑year aggregate limit referred to in section 20(1), and

                                              (C)    any service transferred into the Plan under a reciprocal agreement and performed with a party to a reciprocal agreement;

                                      (ii)    if the person has not accumulated 5 such consecutive years, then, in respect of other service not taken into account for the purposes of subclause (i), the higher of

                                              (A)    the annual remuneration on which the contributions paid to establish that other service as pensionable service were based under section 16(1)(c) of the former Act or section 26, and

                                              (B)    the annual remuneration implicit in the salary basis used in determining the actuarial reserve value, excluding salary growth assumptions, paid to establish the service as pensionable service under the relevant portions of section 20(1)(d) (before its repeal) and section 20(1.1)(d) of these plan rules;

                               (c)    “normal pension” means a pension in the amount receivable under section 36(1) and in the form specified in section 36(2);

                              (d)    “years of pensionable service” means the number of complete years and any fraction of a remaining year of pensionable service.

(2)  Except where specifically stated, Subdivision A of any Division of this Part applies only with respect to service that occurred before 1992.

(3)  For the purpose of determining the consecutive years referred to in subsection (1)(b), breaks in service shall be disregarded.

(4)  For the purposes of subsection (1)(b)(i), the salary with respect to service that has been transferred into the Plan under

                               (a)    an old reciprocal agreement is the remuneration reported as the person’s remuneration by the other party to the agreement, or

                              (b)    a new reciprocal agreement is the remuneration on which contributions paid to establish that service as pensionable service were based.

(5)  In determining the annual salary for the purposes of the calculation under subsection (1)(b) of a person who has accumulated prorated pensionable service under section 20(8), the person’s actual annual salary is to be annualized in accordance with the following formula:

   actual annual salary earned    X                            1                       
                                                       decimalized proportion of           
                                                     pensionable service accumulated
                                                        to full length of service               
                                                           performed                                   

AR 369/93 s29;247/99;68/2002

Interpretation and application of Subdivisions B

30(1)  This section applies with respect to the interpretation and application of Subdivision B of any Division of this Part and, in any such Subdivision,

                            (0b)    “employee contribution excess” means an amount equal to the excess, if any, of the employee contributions, other than additional contributions, over half the commuted value, as at the date provided for in this Plan;

                               (a)    “employee contributions” means additional contributions paid by a participant and, so far as they relate to service that occurs after 1991 and have not previously been returned, any contributions referred to in section 29(1)(a)(i) to (iv), and includes interest on those amounts;

                              (b)    “highest average salary” has the meaning assigned to it by section 29(1)(b);

                               (c)    “normal pension” means a pension in the amount receivable under section 47(1) and in the form specified in section 47(2);

                              (d)    “years of pensionable service” has the meaning assigned to it by section 29(1)(d).

(2)  Except where specifically stated, Subdivision B of any Division of this Part applies only with respect to service occurring after 1991.

(3)  For the purpose of determining the consecutive years for the purposes of subsection (1)(b), breaks in service shall be disregarded.

(4)  For the purposes of subsection (1)(b), as it incorporates section 29(1)(b)(i), section 29(4) applies.

(5)  In determining the annual salary for the purposes of subsection (1)(b), section 29(5) applies.

(7)  In determining salaries or the average of a person’s annual salaries for the purposes of subsection (1)(b),

                               (a)    the salary in respect of any year after 1991 is to be taken to be pensionable salary for the year in question, and

                              (b)    a salary in respect of any year before 1992 that exceeds the amount that would have been required to produce the defined benefit limit fixed by the tax rules for 1992 is deemed to be equal to that amount.

AR 369/93 s30;150/98

Pensionable service references re vesting

31   In any provision of this Part predicating entitlement to a benefit on whether or not a minimum number of years of pensionable service has been accumulated, the reference to pensionable service includes pensionable service accumulated before and after the beginning of 1992.

Limitation of benefits where obtainable under Subdivisions
A and B

32   Notwithstanding anything in this Part, so far as applicable,

                               (a)    where more than one type of benefit is obtainable under Subdivision A or B of any Division of this Part and benefits corresponding to those Subdivision A or B benefits are also obtainable under Subdivision B or A thereof, as the case may be, the person entitled is permitted to take only the one type of benefit under the 2 Subdivisions,

                              (b)    if benefits under the 2 Subdivisions would otherwise be obtainable at or from different times, the person may only take the benefits at or commencing from one single time under the 2 Subdivisions, and

                               (c)    where different forms of pension may be selected, only one form of pension may be selected under the 2 Subdivisions.

Locking in - general provisions

33(1)  Where money held in the Plan is locked in, the money is to be held in the Plan until

                               (a)    it is paid out in the form of a pension,

                              (b)    it is transferred from the Plan to a locked‑in retirement account pursuant to a provision of this Part allowing a transfer, or

                               (c)    it is transferred from the Plan under a new reciprocal agreement pursuant to a provision of this Part allowing such a transfer.

(2)  Notwithstanding anything in this Part, money that would otherwise be locked in or required to be transferred to a locked‑in retirement account is not locked in

                               (a)    to the extent that it consists of a tax rule excess,

                           (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)    if the lump sum amount is less than 4% of the year’s maximum pensionable earnings for the year in which termination or death, as the case may be, occurred and the benefit is not a pension.

(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.

(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.

AR 369/93 s33;20/2009

Imposition of locking in on other plans and vehicles

34(1)  Notwithstanding anything in this Part, where money that is locked in is to be transferred to a locked‑in retirement account, it may be transferred only if the financial institution or entity to which it is transferred receives it on a locked‑in basis and the acceptance of the money, and any subsequent transfer of it, will be the subject of a contract within the meaning of, and that is subject to, Part 9 of the Employment Pension Plans Regulation.

(2)  When a transfer of locked‑in money has been made in compliance with this section or section 33(1)(c), all the liabilities of the Minister and of the Plan with respect to the money become extinguished.

(3)  To avoid doubt, where money has been transferred from this Plan to a locked‑in retirement account, the Employment Pension Plans Act (SA 2012 cE‑8.1) and the regulations under it (and particularly their spousal protection provisions) rather than these plan rules apply.

AR 369/93 s34;325/2000;154/2014

Commuted value and employee contribution excess

34.1(1)  This section applies where a provision of the Plan necessitates determination of the commuted value of a person’s benefits or of an employee contribution excess.

(2)  Commuted value and employee contribution excess are to be determined as of the date of pension commencement, termination before eligibility for a pension or death before pension commencement, as the case may be, except as provided for in subsection (3) or (4) or in section 33(5), 84(2)(a)(i) or 97(2)(a).

(3)  Where there is a delay of more than one year between the date as of which the commuted value or the employee contribution excess was determined and the date of the transfer of the commuted value or the transfer or payment of that excess, the Minister shall recompute the commuted value or excess as if never originally done and as of the date when the transfer or payment, as the case may be, is made, except where the commuted value or employee contribution excess has to be computed for the purpose of a transfer under a reciprocal agreement.

(4)  Where a participant terminates and opts to receive a pension under section 69(d) or 72(d), or both, and an employee contribution excess is payable or transferable, that excess is to be determined as at pension commencement.

(4.1)  Calculations of commuted values under Subdivisions B of Divisions 1, 2 and 3 are to include the value of post-1991 COLA benefits whose amount has been set by Subdivision B of Division 4 with effect from a time that is prior to the time as of which the benefit is determined.

(5)  Where commuted value is transferable, interest is to be added, at the rate that was assumed in determining that commuted value, for the period of one year or less between the date of the determination of the commuted value and the date when the commuted value is transferred.

(6)  Where an employee contribution excess is payable or transferable, interest is to be added for the period of one year or less between the date of the determination of that excess and the date when that excess is paid or transferred.

(7)  In this section, “employee contribution excess” has the meaning assigned to it in section 30(1)(0b).

AR 150/98 s4;208/2003;263/2006;20/2009

Division 1
Retirement Benefits

Subdivision A
For Service Before 1992

Limitation of benefits to meet tax rules

35   Benefits that relate to service that is pensionable under section 20(1.1) are limited to what is allowed by the tax rules.

AR 369/93 s35;68/2002

Normal pension based on age or service

36(1)  A person who terminates and either

                               (a)    is vested and has attained the age of 55 years, or

                              (b)    has accumulated at least 25 years’ pensionable service,

is entitled to receive a pension in the annual amount that is equal to 2% of his highest average salary multiplied by the number of years of his pensionable service and reduced in accordance with subsection (4).

(2)  A pension under subsection (1) is payable for the life of the pensioner or the term of 5 years, whichever is the longer.

(4)  A pension payable under any provision of this Subdivision shall be reduced to the pre‑reduction amount less 0.6% of the whole of his highest average salary if it does not exceed, or of that part of it that does not exceed, the annual average of the year’s maximum pensionable earnings period of, or periods aggregating, 5 years over or in respect of which that highest average salary is determined, multiplied by the number of years of his pensionable service that occurred after December 31, 1965 and before 1992

                               (a)    if the pensioner attained the age of 65 years before pension commencement, immediately from pension commencement,

                              (b)    if the pensioner has not yet attained the age of 65 years, on the first day of the month following the date when he attains that age, or

                               (c)    if the pensioner died before attaining that age, on the first day of the month following the date when he would have attained that age had he continued to live.

(4.1)  For the purposes of subsection (4), where there are 2 or more periods or combinations of periods producing the same highest average salary, the year’s maximum pensionable earnings are to be averaged over the period or periods that produce the highest possible pension.

(5)  Notwithstanding subsection (2) and unless the alternative form of pension specified in section 38(1)(d) is selected pursuant to sections 38(1) and 37(3), where a former participant receiving a pension in the form specified in that subsection dies survived by a person who was his pension partner at pension commencement, the pension is payable to that person for life in an amount equal to 65% of the pension that would have been payable to the former participant had he continued to live and, if that pension partner dies before the expiration of the 5‑year term guaranteed by subsection (2), the pension remains payable for the balance of that term at that 65% level.

AR 369/93 s36;60/96;247/99;100/2002;301/2003;149/2010

Pension partner protection

37(1)  Notwithstanding anything in the Plan except subsection (3) and section 34(3), a pensioner who has a pension partner at pension commencement is deemed for the purposes of the Plan to choose a pension in the form of a normal pension.

(3)  Subsection (1) does not apply if the person selects a joint life pension specified in section 38(1)(d) with only the pension partner referred to in subsection (1) as the designated nominee or where there was filed with the Minister

                               (a)    a valid statutory declaration by the person who was the pension partner referred to in subsection (1) in the form set out in, and signed in accordance with the requirements of, Form 1 of Schedule 1, or

                              (b)    repealed AR 20/2009 s48,

                               (c)    a matrimonial property order.

(4)  Notwithstanding subsection (3), a declaration under that subsection is not valid if it is made more than 90 days before pension commencement.

(6)  Repealed AR 20/2009 s48.

AR 369/93 s37;60/96;100/2002;34/2007;20/2009;149/2010

Alternative forms of pension

38(1)  A person who is entitled to receive a pension in the form specified in section 36(2) is entitled, as an alternative, to select a form of pension from one of the following:

                               (a)    a guaranteed term pension, payable for

                                        (i)    whichever term, being 10 years or 15 years, is selected by the pensioner, or

                                      (ii)    his life,

                                       whichever is the longer;

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

                               (c)    repealed AR 208/2003 s3;

                              (d)    a joint life pension, payable during the joint lives of the pensioner and a nominee designated by the pensioner and which, after the death of either, continues to be payable

                                        (i)    in the same amount as the amount payable before the death, or

                                      (ii)    in the amount of 2/3 of it,

                                       to the survivor for life and that is payable, in the event that the survivor dies within 5 years of pension commencement, for the remainder of the guaranteed term of 5 years from pension commencement in the amount that was payable to the survivor immediately before the survivor’s death.

(2)  Subject to subsection (2.1), where an alternative form of pension is selected under subsection (1), the pension is in an amount that is the actuarial equivalent of the pension in the form of a normal pension.

(2.1)  Where an alternative form of pension specified in subsection (1)(d) is selected pursuant to subsection (1) and section 37(3), the pension is in an amount that is the actuarial equivalent of the pension in the form of a normal pension with the 65% survivor pension provided for by section 36(5) built in.

(3)  The nominee referred to in subsection (1)(d) must be eligible for post‑retirement survivor benefits under and within the meaning of the tax rules.

AR 369/93 s38;68/2002;208/2003;149/2010

Attainment of latest pension commencement date

40   A person who ceases to be a participant by reason only of reaching his latest pension commencement date is to receive a normal pension.

AR 369/93 s40;68/2002;301/2003

Disability pensions

41(1)  Subject to subsection (3), a person who, before attaining the age of 55 years,

                               (a)    is vested,

                              (b)    satisfies the Minister that he has become totally disabled, and

                               (c)    either terminates and ceases to be a participant as a result of that disability or had previously terminated and had elected to receive a deferred pension under section 69(d),

becomes and, subject to section 42, is entitled to receive a normal pension.

(2)  Subject to subsection (3), a person who, before attaining the age of 55 years,

                               (a)    is vested,

                              (b)    satisfies the Minister that he

                                        (i)    has become incapable of effectively performing the regular duties of his work as a result of his mental or physical impairment, and

                                      (ii)    is not totally disabled,

                                  and

                               (c)    either terminates and ceases to be a participant as a result of that impairment or had previously terminated and had elected to receive a deferred pension under section 69(d),

becomes and, subject to section 42, is entitled to receive a pension in the form and in the amount of a normal pension, reduced, however, in amount by 3/12 of 1% for each complete month (with a proration for the additional portion, if any, of a month)  by which pension commencement falls short of his 55th birthday.

(3)  A person who

                               (a)    is receiving benefits under a disability plan, or

                              (b)    becomes a participant after June 30, 2007 and, at the time of becoming a participant, has no pensionable service arising from service that was performed before July 1, 2007

is not entitled to receive any pension under this section.

(3.1)  For the purposes of calculating the amount of pensionable service that the person has under subsection (3)(b), the service referred to is not to be taken into account unless it was acquired as pensionable service before July 1, 2007 or arrangements referred to in section 20(1.1)(c) or (d) were made before July 1, 2007 to acquire it as pensionable service.

(4)  In this section and in section 42, “totally disabled” means suffering from a physical or mental impairment that can reasonably be expected to last for the remainder of the person’s lifetime and that prevents the person from engaging in any gainful occupation.

AR 369/93 s41;301/2003;34/2007

Disability pension adjustments

42(1)  Where a person who has not yet attained the age of 55 years is in receipt of a pension under section 41(1) and

                               (a)    does not submit the evidence required under section 83 of the continuing total disability, or

                              (b)    the Minister finds that he is no longer totally disabled,

the Minister may have his pension reduced to the amount provided for by section 41(2).

(2)  Where a person who has not yet attained the age of 55 years is in receipt of a pension under section 41(2) and satisfies the Minister that he is totally disabled, the Minister may upgrade his pension to a pension under section 41(1) with effect from the date of his application for the upgrading.

(3)  Where a person who has not yet attained the age of 55 years is in receipt of a pension under section 41(2) and the Minister is no longer satisfied that he is eligible for the pension, the Minister may eliminate payment of the pension.

Postponement of pension

43(1)  A person who is entitled to receive a pension under section 36 or 69(d) may postpone commencement of the pension to any date up to his latest pension commencement date.

(2)  Whether or not the person has taken any active steps to effectuate a postponement, the pension becomes postponed when, and only when, it transpires that pension commencement has not occurred at the date when, given the circumstances described in the relevant enactment referred to in subsection (1), it would have occurred.

(3)  Subject to subsection (3.1), when a pension that was postponed becomes payable, it is to be in the form of a normal pension and in the amount that is the actuarial equivalent of the normal pension that the person would have been entitled to receive had the postponement not been made.

(3.1)  A person who makes the election under section 54(3.1) is entitled to receive, instead of the amount specified in subsection (3),

                               (a)    a pension in the form and in the amount of a normal pension based, however, only on pensionable service up to the effective date of the postponement, and

                              (b)    a lump sum payment equal to the total pension payments that would have been made during the period of the postponement had the pension not been postponed.

AR 369/93 s43;68/2002

Failure to select pension

44   A person who is requested in writing by the Minister to make a choice of pensions and who fails to do so within 90 days after the request is sent is deemed for the purposes of the Plan to have chosen a pension in the form of a normal pension.

Death after entitlement to section 36 pension

45   Where the deceased had terminated, had become entitled to a pension under section 36 or had become so entitled but only for postponing it, and died without having made a valid choice as to the form of pension to be taken, the deceased is deemed for the purposes of the Plan to have chosen,

                           (a.1)    if there is a surviving pension partner and no valid statutory declaration under section 37(3) had been filed in respect of his pension, a normal pension,

                           (a.2)    repealed AR 60/96 s4,

                              (b)    if there is no surviving pension partner or if there is but a valid statutory declaration under section 37(3) had been filed in respect of his pension, a guaranteed term pension in the form specified in section 38(1)(a) on a 10‑year basis.

AR 369/93 s45;60/96;100/2002

Subdivision B
For Service After 1991

Tax rule limitations on benefits

46   Notwithstanding anything in the Plan but without affecting any particular provision of the Plan further limiting benefits, benefits are limited to what is allowed by the tax rules.

Normal pension based on age or age and service

47(1)  A person referred to in section 36(1) is entitled to receive a pension in the annual amount that is equal to 2% of his highest average salary multiplied by the number of years of his pensionable service and reduced in accordance with subsection (4).

(2)  A pension under subsection (1) is payable for the life of the pensioner or the term of 5 years, whichever is the longer.

(4)  Section 36(4) applies with respect to pensionable service occurring after 1991.

(4.1)  Section 36(4.1) applies to section 47(4).

(5)  Section 36(5) applies, with the references in it to section 38(1)(d) and (1) and section 37(3) being taken as references to sections 49 and 48, respectively, as they incorporate those provisions.

(6)  The person entitled is also entitled to receive the employee contribution excess.

AR 369/93 s47;247/99;149/2010

Spousal protection

48   Section 37 applies, with the references in it to section 38(1)(d) being taken as a reference to section 49 as it incorporates that provision.

AR 369/93 s48;149/2010

Alternative forms of pension

49   Section 38 applies, with references in it to section 36 being taken as references to section 47 and with the reference to section 37(3) being taken as a reference to section 48 as it incorporates section 37(3).

AR 369/93 s49;149/2010

Attainment of latest pension commencement date

51(1)  Section 40 applies.

(2)  In addition, the person is entitled to the employee contribution excess.

Disability pensions

52(1)  Section 41 applies, with references in it to sections 69(d) and 42 being taken as references to sections 72(d) and 53 respectively.

(5)  In addition, the person is entitled to the employee contribution excess.

Disability pension adjustments

53   Section 42 applies, with references in it to sections 41 and 83 being taken as references to section 52, as it incorporates the relevant provisions of section 41, and section 96, respectively.

Postponement of pension

54(1)  Section 43(1) and (2) apply, with references to sections 36 and 69(d) being taken as references to sections 47 and 72(d) respectively.

(3)  When a pension that was postponed becomes payable and the person entitled has not made an election under subsection (3.1), it is to be in the form of a normal pension and

                               (a)    if pension commencement is on or before the date when the person attains the age of 65 years, in the amount specified in section 47(1), or

                              (b)    if pension commencement is after that date, in the amount that is the actuarial equivalent of the normal pension that the person would have been entitled to receive had pension commencement occurred on the later of

                                        (i)    the date when the person attained the age of 65 years, and

                                      (ii)    the day after the person terminated.

(3.1)  A person to whom subsection (3) will (but for the making of an election under this subsection) apply may, at any time before pension commencement, make an election in the written form required by the Minister, that subsection (3) is not to apply to him, in which case he is to receive

                               (a)    a pension in the form and in the amount of a normal pension based, however, only on pensionable service up to the effective date of the postponement, and

                              (b)    a lump sum payment equal to the total pension payments that would have been made during the period of the postponement had the pension not been postponed.

(4)  Where a pension is postponed, any employee contribution excess is payable at pension commencement.

AR 369/93 s54;68/2002

Failure to select pension

55   Section 44 applies.

Death after entitlement to section 47 pension

56   Section 45 applies, with references in it to sections 36, 37(3) and 38(1)(a) being respectively taken as references to section 47 and to sections 48 and 49, as they incorporate sections 37(3) and 38(1)(a).

AR 369/93 s56;60/96

Division 2
Death Benefits

Application and interpretation of Division

57(1)  Subject to section 57.1, this Division applies with respect to a person, other than a pensioner (in this Division referred to as “the deceased”), who dies with employee contributions referred to in section 29(1) or 30(1) in the Plan.

(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.

AR 369/93 s57;100/2002;20/2009

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.

AR 20/2009 s50

Return of prior, etc. service contributions

58(1)  Except where a pension is to be paid under this Division, the amount of any employee contributions referred to in section 29(1) or 30(1) paid to establish any prior service on an actuarial reserve basis covered by section 20(1.1)(b), (c) or (d) and any leave without pay or salary in respect of which the participant paid employer contributions pursuant to section 15(3) or pursuant to the former Act in respect of service in 1992 or 1993 shall be

                               (a)    paid to, or transferred to a registered retirement savings plan belonging to, the surviving pension partner, if there is one and if that surviving pension partner has not waived the benefit, or

                              (b)    paid to the person entitled to receive any benefit on the death, if there is no surviving pension partner or if that surviving pension partner did waive the benefit.

(2)  Subdivisions A and B apply to a person only after any applicable payment or transfer required by subsection (1) has been made and after section 20(4) has been applied.

AR 369/93 s58;68/2002;100/2002;20/2009

Subdivision A
For Service Before 1992

Benefit on death before commencement of pension - pension partner’s entitlements

59(1)  Where there is a surviving pension partner who has not waived the benefit, that pension partner may choose,

                               (a)    if the deceased was vested,

                                        (i)    a pension in the form and in the amount that would be payable under section 36(5) to such a surviving pension partner and an additional pension in the amount of 10% of the amount of the pension that the deceased would have received had he commenced to receive a pension immediately before his death, using the formula specified in section 36(1), for the benefit of each surviving dependent minor child, if any, but payable in respect of no more than 3 such children, until the end of the month in which the child dies or attains the age of 18 years, whichever event first occurs,

                                      (ii)    to have transferred from the Plan an amount equal to the employee contributions and a further amount equal to

                                              (A)    current service contributions,

                                              (B)    contributions paid by the deceased in respect of the first year of leave without salary, to the extent that they are not included under paragraph (A),

                                              (C)    either the part of a sum transferred into the Plan under a reciprocal agreement that is recognized by the Minister as employee contributions or the total sum transferred into the Plan under the reciprocal agreement less the amount that is recognized by the Minister as employee contributions, whichever is less, and

                                              (D)    contributions made for service described in section 20(1)(d)(iii), to the extent that the original contributions that were returned were contributions described in paragraph (A), (B) or (C),

                                               that were not previously returned to the deceased, with interest, or

                                     (iii)    to receive the amounts specified in subclause (ii),

                              (b)    if the deceased died while an employee not being vested, the benefit specified in clause (a)(ii) or (iii), or

                               (c)    if neither clause (a) nor clause (b) applies,

                                        (i)    to receive an amount equal to the employee contributions, or

                                      (ii)    to have that amount transferred from the Plan.

(2)  Where there are 2 or more surviving dependent minor children, the children’s benefits under subsection (1) are to be shared equally among all of them, even if there are more than 3.

(3)  If the deceased’s surviving pension partner is not the legal guardian of any surviving dependent minor child, then, notwithstanding subsection (1)(a)(i), the pension payable for that child’s benefit under that provision shall be paid to the child’s legal guardian for the child’s benefit.

AR 369/93 s59;60/96;100/2002;301/2003;20/2009

Idem - where no pension partner, but dependent minor children

60(1)  Where there is no surviving pension partner or the surviving pension partner has waived the benefit and the deceased is survived by dependent minor children, the legal guardian of those children may choose, on behalf and for the benefit of all those children,

                               (a)    if the deceased was vested or died while an employee but not vested,

                                        (i)    the benefit specified in section 59(1)(a)(iii), or

                                      (ii)    to be paid a pension in the amount of 15% of the amount of the pension that the deceased would have received had he commenced to receive a pension immediately before his death, using the formula specified in section 36(1), in respect of each surviving dependent minor child up to 4, with the pension payments in respect of each child ceasing at the end of the month in which the child dies or attains the age of 18 years, whichever event first occurs,

                                  or

                              (b)    if clause (a) does not apply, to receive an amount equal to the employee contributions.

(2)  Where there are 2 or more surviving dependent minor children, the children’s benefits under subsection (1) are to be shared equally among all of them, even if there are more than 4.

AR 369/93 s60;100/2002;301/2003;20/2009

Idem - where no pension partner or dependent minor children

61   Where there is no surviving pension partner or the surviving pension partner has waived the benefit or dependent minor child, the person entitled to receive any benefit on the death is entitled to receive an amount equal to the employee contributions.

AR 369/93 s61;100/2002;20/2009

Subdivision B
For Service After 1991

Interpretation for Subdivision

63   In this Subdivision, the deceased’s accrued benefits that are to be taken into account in determining commuted value are to be taken to be what his accrued benefits would have been under Subdivision B of Division 3 had the deceased terminated rather than dying.

Benefit on death before commencement of pension - pension partner’s entitlements

64   Where there is a surviving pension partner who has not waived the benefit, that pension partner may choose,

                               (a)    if the deceased was vested,

                                        (i)    both

                                              (A)    the pension that would have been payable if the deceased, immediately before dying, had terminated under the circumstances referred to in section 52(1), as it incorporates section 41(1) (disregarding age however) and had exercised the joint life option under section 49 specified in section 38(1)(d)(i) (but disregarding section 38(2.1) for the purposes of this paragraph), with that surviving pension partner as the designated nominee or, if that pension partner so selects as an alternative, a guaranteed term pension, payable for

                                                        (I)    whichever term, being 5, 10 or 15 years, is selected by that pension partner, or

                                                       (II)    the life of that pension partner,

                                               whichever is the longer, in an amount that is the actuarial equivalent of that deemed joint life pension, and

                                              (B)    to receive the employee contribution excess,

                                           or

                                      (ii)    to have an amount equal to the commuted value transferred from the Plan to a locked‑in retirement account and either to receive the employee contribution excess or to have it transferred from the Plan,

                                  or

                              (b)    if the deceased was not vested,

                                        (i)    to receive an amount equal to the employee contributions, or

                                      (ii)    to have that amount transferred from the Plan.

AR 369/93 s64;100/2002;208/2003;301/2003;20/2009;149/2010

Idem - where no pension partner

65(1)  Where there is no surviving pension partner or the surviving pension partner has waived the benefit and the deceased was vested, the person entitled to receive any benefit on the death is entitled to receive an amount equal to the aggregate of the commuted value and the employee contribution excess.

(2)  Where there is no surviving pension partner or the surviving pension partner has waived the benefit and the deceased was not vested, the person entitled to receive any benefit on the death is entitled to receive an amount equal to the employee contributions.

AR 369/93 s65;100/2002;301/2003;20/2009

Division 3
Benefits on Termination
Before Pension Eligibility

Application of Division

66   This Division applies with respect to a person who terminates with pensionable service before being entitled to apply for and receive a pension.

Return of prior service contributions

67(1)  Except where a deferred pension is to be paid under this Division, the amount of any employee contributions referred to in section 29(1) or 30(1) paid to establish any prior service on an actuarial reserve basis covered by section 20(1.1)(b), (c) or (d) and any leave without pay or salary in respect of which the participant paid employer contributions pursuant to section 15(3) or pursuant to the former Act in respect of service in 1992 or 1993 shall be paid to, or transferred to a registered retirement savings plan belonging to, the former participant or transferred from the Plan to a registered pension plan operated by the other party to a reciprocal agreement.

(2)  Subdivisions A and B apply to a person only after any applicable payment or transfer required by subsection (1) has been made and after section 20(4) has been applied.

AR 369/93 s67;68/2002

Locking in under old reciprocal agreements

68   Notwithstanding anything in this Division, where any amount that would otherwise be payable to a person or transferable on a non‑locked‑in basis under this Division represents money that has been received on a locked‑in basis under an old reciprocal agreement, that money must nevertheless be transferred from the Plan on a locked‑in basis.

AR 369/93 s68;268/2002

Subdivision A
For Service Before 1992

Termination after 5 years pensionable service

69   A person who is vested may choose

                               (a)    to receive an amount equal to the employee contributions,

                              (b)    to have the amount specified in clause (a) transferred from the Plan,

                               (c)    subject to section 71, to  have his pension entitlements transferred from the Plan to a registered pension plan operated by the other party to a reciprocal agreement in the amount required by that other party, not exceeding, however, the amount which, taken together with the amount to be transferred under section 72(c) (excluding any employee contribution excess) is specified in section 84(2)(a), or

                              (d)    to receive, when he attains the age of 55 years, a normal pension.

AR 369/93 s69;60/96;301/2003

Termination before 5 years pensionable service

70   A person who is not vested may choose the benefit specified in section 69(a), (b) or (c).

AR 369/93 s70;301/2003

Excess not transferred under reciprocal agreement

71   Where a sum of money is transferred from the Plan under a reciprocal agreement that is less than the amount of the benefit transferable under a reciprocal agreement under section 84(2)(a), the excess is to be

                               (a)    transferred from the Plan on a locked‑in basis, to the extent that it is locked in, and

                              (b)    paid to the person, to the extent that it is not.

Subdivision B
For Service After 1991

Termination after 5 years pensionable service

72   A person who is vested may choose

                               (a)    to have an amount equal to the commuted value transferred from the Plan to a locked‑in retirement account and to receive the employee contribution excess,

                              (b)    to have an amount equal to the commuted value transferred from the Plan to a locked‑in retirement account and to have the employee contribution excess transferred from the Plan,

                               (c)    subject to section 74, to have his pension entitlements transferred on a locked‑in basis from the Plan to a registered pension plan operated by the other party to a reciprocal agreement in the amount required by that other party, not exceeding, however, the amount which, taken together with the amount to be transferred under section 69(c), is specified in section 97(2)(a), or

                              (d)    to receive, when he attains the age of 55 years, a normal pension and the employee contribution excess.

AR 369/93 s72;60/96;150/98;301/2003

Termination before 5 years’ pensionable service

73   A person who is not vested may choose

                               (a)    to receive an amount equal to the employee contributions,

                              (b)    to have the amount specified in clause (a) transferred from the Plan, or

                               (c)    subject to sections 74 and 98, to have his pension entitlements transferred from the Plan to a registered pension plan operated by the other party to a reciprocal agreement in the amount required by that other party, not exceeding, however, the amount which, taken together with the amount to be transferred under section 70 (as it relates to section 69(c)), is specified in section 97(2)(a).

AR 369/93 s73;301/2003

Excess not transferred under reciprocal agreement

74   Section 71 applies with the reference in it to section 84(2)(a) being taken as a reference to section 97(2)(a).

Division 4
Cost‑of‑Living Increases

Subdivision A
For Service Before 1992

Cost‑of‑living increases

75(1)  Notwithstanding anything else in the Plan, if the cost of living has increased in the 12‑month period ending on October 31 in the calendar year previous to the current calendar year, all amounts payable as pensions in the current calendar year shall be increased by a cost‑of‑living increase calculated in accordance with subsections (3) to (6) or by the higher rate, if any, that the Board establishes under section 76.

(2)  The increases shall also be applied to the periods

                               (a)    of postponement under section 43, and

                              (b)    between termination and the commencement of deferred pensions under section 69(d).

(3)  The amount of a cost‑of‑living increase under this section shall be determined using a pension index, calculated in accordance with subsection (4).

(4)  The pension index for each calendar year shall be calculated as

                               (a)    the quotient obtained by dividing the sum of the consumer price indices for Alberta, as published by Statistics Canada, for each month in the 12‑month period ending on October 31 in the previous year by the sum of the corresponding indices for the 12‑month period immediately preceding that period, adjusted to 3 digits after the decimal point, or

                              (b)    one, if the quotient so obtained is less than 1.

(5)  Subject to subsection (6), the basic monthly amount of a pension, excluding any additional payment under section 80, in one calendar year shall be increased, if applicable, annually with effect from January 1 of the following calendar year so that the amount payable, to the nearest cent, for a month in that following year is an amount equal to the product obtained by multiplying

                               (a)    the basic amount that would have been payable for that month if no increase had been made under this section,

                                  by

                              (b)    1 + .6X,

where X is equal to the pension index (calculated in accordance with subsection (4)) minus 1.

(6)  Where a pension has commenced in the calendar year immediately preceding the effective date of a cost‑of‑living increase, the amount of the increase shall be multiplied by the fraction obtained by dividing the number of complete months in that year during which the pension was paid by 12.

(7)  The amount of any increase under this section must not exceed the maximum amount set for cost‑of‑living increases by the tax rules.

AR 369/93 s75;68/2002

Increase by Board of normal COLA

76(1)  The Board may establish a higher rate of increase for the purposes of section 75(1) and (2), but only if the Plan meets the minimum funding and solvency requirements set by section 48(2) and (3), and the regulations made with reference to section 48(2), of the Employment Pension Plans Act (RSA 2000 cE‑8), as that legislation was in force immediately before the commencement of section 160(3) of the Employment Pension Plans Act (SA 2012 cE‑8.1).

(2)  Section 75(6) and (7) apply with respect to increases under subsection (1).

AR 369/93 s76;68/2002;34/2007;145/2014

Subdivision B
For Service After 1991

77, 78   Repealed AR 263/2006 s3.

78.1   Repealed AR 263/2006 s4.

Cost‑of‑living increases

78.2(1)  Subject to subsections (9) and (10), pension increases under this section are to be calculated by reference to cost‑of‑living increases in accordance with section 75(3) to (7), with the reference in section 75(5) to section 80 being deemed a reference to section 93.

(2)  Without limiting subsection (1), increases under this section are to be applied to the periods

                               (a)    of postponement under section 54, and

                              (b)    between termination and the commencement of deferred pensions under section 72(d).

(3)  Pensions are increased relative to that part of the pensions that is payable with respect to pensionable service from January 1, 1992 to December 31, 1995.

(4)  Subsections (1), (2) and (3) are to be treated as having come into force on January 1, 1997.

(5)  Pensions are increased relative to that part of the pensions that is payable with respect to pensionable service from January 1, 1996 to December 31, 1998.

(6)  Subsection (5) is to be treated as having come into force on January 1, 1999.

(7)  Pensions are increased relative to that part of the pensions that is payable with respect to pensionable service from January 1, 1999 to December 31, 2000.

(8)  Subsection (7) is to be treated as having come into force on January 1, 2006.

(9)  Pensions are increased relative to that part of the pensions that is payable with respect to pensionable service occurring after 2000 except that, for the purposes of this subsection, section 75(5)(b) is to be treated as reading “1 + .3X” instead of “1+.6X”.

(10)  Subsection (9) is to be treated as having come into force on January 1, 2011.

AR 263/2006 s5;232/2010

Division 5
Miscellaneous

Subdivision A
For Service Before 1992

Interest allowance

79(1)  Except where otherwise specifically provided, where the Plan provides for the allowing of interest, interest shall be

                               (a)    allowed at the rate of 4% per annum compounded semi‑annually up to commencement, and

                              (b)    thereafter allowed at the rate, compounded annually, calculated in the manner and applied at the times, provided in subsections (2) to (5).

(2)  Subject to this section, the rate of interest to be allowed for the purposes of subsection (1)(b) is the rate that is calculated on and as of the first day of the fiscal year on the basis of the average of the yields of 5‑year personal fixed term chartered bank deposit rates maintained by Statistics Canada as CANSIM Series V 122515 (formerly B 14045), over the most recent 12‑month period for which the rates are available and, where that rate results in a fraction of 1% that is expressed otherwise than as a multiple of a full 1/10 of 1%, rounded downwards to the next full 1/10 of 1%.

(3)  Interest shall be applied on the first day of each fiscal year with respect to all contributions, with interest accumulated up to the end of the fiscal year immediately preceding the most recently completed fiscal year.

(4)  Interest shall be applied on the first day of each fiscal year to contributions made during the most recently completed fiscal year at 1/2 of the applicable rate provided by subsection (2).

(5)  Where a person becomes entitled to have a benefit, other than a pension, paid to him or transferred, interest shall be applied to the date of payment,

                               (a)    at the rate calculated by dividing 365 into the product of the number of days in the uncompleted fiscal year with respect to which interest is to be paid and the applicable rate provided for by subsection (2) at the end of the immediately preceding fiscal year, and

                              (b)    to contributions made during the more recent uncompleted fiscal year, at 1/2 of the rate applied under clause (a).

AR 369/93 s79;208/2003;34/2007

Co-ordination of certain pensions with C.P.P. and O.A.S.

80(1)  Where a person is to receive a pension under section 36(1) or 69(d) before attaining the age of 65 years, he may choose to increase the pension by an amount equal to the actuarial equivalent of the co‑ordination base until he reaches the age of 65 years or dies before reaching that age.

(1.1)  For the purposes of this section,

                               (a)    “the co‑ordination base” is the amount that is equal to 40% of the year’s maximum pensionable earnings for the calendar year in which pension commencement occurs less the annual bridge entitlement, and

                              (b)    “the annual bridge entitlement” is the amount, as at pension commencement and without taking into account any cost‑of‑living increase, that is equal to the 0.6% factor by which the pre‑reduction amount is reduced pursuant to section 36(4).

(2.1)  Where a person who has chosen to increase a pension under subsection (1) attains the age of 65 years, the increased pension, including the actuarial equivalent of the co‑ordination base, shall be reduced at that time by the actuarial equivalent of the co‑ordination base, and for (but only for) the remainder of that person’s lifetime, the pension shall be further reduced from that time by the difference between the co‑ordination base and the actuarial equivalent of the co‑ordination base.

(2.2)  Where a person who has chosen to increase a pension under subsection (1) dies before attaining the age of 65 years, the increased pension, including the actuarial equivalent of the co‑ordination base, shall be reduced at that time by the actuarial equivalent of the co‑ordination base, without the further reduction referred to in subsection (2.1).

(9)  Notwithstanding anything in this section, a person is not entitled to make a choice under this section if the monthly pension payments payable to that person under both Subdivisions A and B of a Division of this Part, after the reductions referred to in subsection (2.1) have commenced, will be less than 1/12 of 4% of the year’s maximum pensionable earnings for the calendar year in which the termination or death occurred.

(10)  The conditions set out in subsections (1) or (2) and (3) to (8), as they existed prior to their repeal by Part 3 of the Public Sector Pension Plans (Miscellaneous 2004) Amendment Regulation (AR 301/2003) and the Special Forces Pension Plan (Further 2004 Co‑ordination Changes) Amendment Regulation, continue to apply with respect to a choice or selection made thereunder in respect of a pension commencing in or before 2003, but if, where applicable, a choice under that subsection (1) or (2) relates to a pension commencing on or after January 1, 2004, the choice is deemed to have been made under subsection (1) as it exists on January 2, 2004.

AR 369/93 s80;208/2003;301/2003;358/2003

Pension commencement

81(1)  Where a person becomes entitled to receive a pension under section 36 and does not postpone commencement of that pension, the effective date of the commencement of the pension is the day after termination.

(2)  Where a person becomes entitled to receive a pension under section 41, the effective date of the commencement of the pension is the latest of

                               (a)    the date indicated in the application for the pension,

                              (b)    the day of receipt of the application by the Minister, and

                               (c)    the day after termination.

(3)  Where a person becomes entitled to receive a pension under section 69(d) and does not postpone commencement of that pension, the effective date of the commencement of the pension is the latest of

                               (a)    the date indicated in the application for the pension,

                              (b)    the day of receipt of the application by the Minister, and

                               (c)    the day the person attains the age of 55 years.

(4)  Where a person postpones commencement of a pension, the effective date of the commencement of the pension is the later of

                               (a)    the date indicated in the application for the pension, and

                              (b)    the day of receipt of the application by the Minister.

(5)  Notwithstanding subsections (2) and (3), the Minister may treat the effective date of the commencement of a pension under either of those subsections as being a date that is not more than 6 months prior to the date that would otherwise be the effective date under that subsection and that is not prior to the day after termination.

(6)  The effective date of the commencement of a pension under section 59(1)(a)(i) is the day of the deceased’s death.

AR 369/93 s81;208/2003

Commencement of guaranteed term of years

82   The guaranteed term of a guaranteed term pension is to be taken as commencing on pension commencement.

Requirement of evidence

83(1)  Before any benefit is paid or transferred, there must be provided to the Minister

                               (a)    where it is necessary to determine in relation to a person the age, cohabitation, pension partner, single or dependent minor child status, legal change of name, fact of death or facts relative to previous employment, documents evidencing the facts, and

                              (b)    where a person applies for a pension under section 41,

                                        (i)    a medical statement from a physician outlining the findings of a medical examination and assessing the degree of the person’s disability or mental or physical impairment, and

                                      (ii)    any other documents evidencing that incapacity that the Minister specifies.

(2)  Without limiting the application of subsection (4), for the purposes of determining whether a person who has been granted a pension under section 41 is to continue to receive the same amount of pension or not, the Minister may require that person

                               (a)    to undergo the special medical examinations,

                              (b)    to supply the reports, and

                               (c)    to supply the statements of his occupation and earnings for any period,

that the Minister specifies.

(3)  An employer shall submit to the Minister the evidence required by the Minister in respect of a participant who applies for a pension under section 41.

(4)  For the purposes of determining whether a person who has been granted a pension is or is not entitled to continue to receive the same amount of pension or any pension at all, the Minister may require that person to supply any information that the Minister considers relevant to determining that entitlement.

AR 369/93 s83;100/2002

Transfer of pensions under reciprocal agreements

84(1)  The Minister may enter into a reciprocal or any other agreement with any local authority within the meaning of the Local Authorities Pension Plan, government or other public body, 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.

(2)  A reciprocal agreement entered into, made or amended after commencement must be consistent with the Plan and provide

                               (a)    for pension entitlements under the Plan, based on all pensionable service, whether accumulated before or after January 1, 1992, to be transferred from the Plan on a locked‑in basis only in an amount that is not greater than the greater of

                                        (i)    the commuted value, based on all such service and determined as of the date when the application for the transfer is received by the Minister, and

                                      (ii)    the aggregate of the combined employee contributions within the meanings of sections 29(1)(a) and 30(1)(a) and the amount (based on all such service) transferable under section 67(1),

                              (b)    that only persons who were participants at or after commencement are entitled to transfer pension entitlements from the Plan,

                               (c)    repealed AR 301/2003 s51,

                              (d)    for service that is eligible to be recognized as pensionable service under the Plan to be recognized only on an actuarial reserve basis,

                               (e)    where the amount transferred into the Plan is less than the amount required by applying clause (d), for the participant to be able to

                                        (i)    prorate the service, or

                                      (ii)    both

                                              (A)    prorate the service, and

                                              (B)    subject to meeting the requirements of section 22, acquire as pensionable service the service not recognized as pensionable service on an actuarial reserve basis,

                                  and

                               (f)    that money that is locked in under the transferring plan will continue to be locked in under the transferee plan even if it would not be locked in under the transferee plan but for this requirement.

(3)  The Minister shall ensure that no reciprocal agreements that were in force immediately before commencement remain or are in force more than one year after commencement unless they comply with subsection (2).

AR 369/93 s84;150/98;301/2003

Beneficiaries

86(1)  Where a person designates a person to receive a benefit payable on his death, whether beneficially or in a representative capacity, or revokes a designation so made, the designation or revocation may be filed with the Minister.

(2)  Where a person designates his estate as being entitled to receive a benefit payable on his death, or makes a designation using words indicative of his estate or of the representative capacity of his personal representative, he shall be deemed to have designated the personal representative of his estate in his representative capacity.

(3)  Where

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

                              (b)    after his death but before any payment is made under section 12(2) of the Regulations, there is filed with the Minister a valid  revocation by him of a designation filed with the Minister

and no valid designation is filed with the Minister before any such payment is made, the person entitled to receive any benefit payable on his death is the deceased’s pension partner, if he is survived by a pension partner, or the personal representative of the deceased’s estate, if there is no surviving pension partner.

(4)  The right of any person under this section to a benefit is subject to any rights given by Subdivision A of Division 1 or 2 of this Part to any other person.

AR 369/93 s86;100/2002

Method of payment of pensions

87(1)  A pension shall be paid on a monthly basis in an amount equal to 1/12 of the annual amount of the pension.

(2)  If pension commencement occurs after the first day of a month, the amount payable in respect of the remaining days in the month is as follows:

                                                                  number of days remaining
   annual amount of pension               X   in the month                     
                                                                                           365              

(3)  Subject to subsection (4), where a person in receipt of a pension dies, the pension is payable to the person for the full month in which the death occurred.

(4)  Subsection (3) does not have the effect of extending the term of any guaranteed term pension.

(5)  The reduction of a pension payable on the first death in the form specified in

                               (a)    section 38(1)(c)(ii) or section 38(1)(d), as it related to section 38(1)(c)(ii), as those enactments existed before September 15, 2003, in the case of a death that occurred before that date, or

                              (b)    section 38(1)(d)(ii), in the case of a death occurring on or after that date,

is to be taken as occurring with effect from the beginning of the month following that in which the death occurred.

AR 369/93 s87;208/2003

Idem - conversion following death

88(1)  Where a pensioner who has chosen a guaranteed term pension dies before the expiry of the guaranteed term and the person entitled to the remainder of the pension payments requests the Minister in writing that those payments be converted to a lump sum payment, the person so entitled shall instead be paid the present value of the remaining pension payments.

(2)  Subsection (1) does not apply if the person entitled is the pension partner or a dependent minor child in relation to the deceased unless the Minister grants the request for the conversion.

(3)  Where a person is to be paid the present value under this section and there are pension payments outstanding after the date of death and before the payment of the present value, the outstanding payments are to be made first and the remaining payments are to be converted to a lump sum.

AR 369/93 s88;100/2002

Prohibition of pension suspension

89(1)  Once a pension has commenced, it may not be suspended for any reason.

(2)  Subsection (1) does not affect the ongoing validity of a pension suspension effected under section 89 (but not under section 90) as those sections existed at the end of 2000.

AR 369/93 s89;325/2000

90   Repealed AR 325/2000 s4.

Continuation of existing pensions and pension rights

91(1)  A person who was in receipt of or entitled to a benefit immediately before commencement continues, subject to these plan rules, to be entitled to that benefit and in the same form that applied on that date and the same survivorship rights, if any, that applied on that date continue to apply thereafter.

(2)  A person who before commencement had chosen to receive a deferred pension under section 30(c) of the former Act and, immediately before commencement, had not yet commenced to receive that pension continues to be entitled to receive the same pension, with the same rights appertaining to himself and to other persons flowing through him, that would have applied had the former Act, as it was on that date, still been in force, except that the options as to the form of pension to be taken are to be those under these plan rules rather than those under the former Act.

Subdivision B
For Service After 1991

Interest allowance

92   Section 79 applies.

Co-ordination of certain pensions with C.P.P. and O.A.S.

93(1)  Where a person is to receive a pension under section 47(1) or 72(d) before attaining the age of 65 years, section 80(1) applies.

(1.1)  Section 80(1.1) applies.

(2.1)  Section 80(2.1) applies.

(2.2)  Section 80(2.2) applies.

(9)  Section 80(9) applies.

(10)  Section 80(10) applies.

AR 369/93 s93;208/2003;301/2003;358/2003

Pension commencement

94(1)  Section 81(1) to (3) apply, with references to sections 36, 41 and 69(d) being taken as references to sections 47, 52 and 72(d) respectively.

(4)  Where a person postpones commencement of a pension, the effective date of the commencement of the pension is the later of

                               (a)    the date indicated in the application for the pension, and

                              (b)    the day of receipt of the application by the Minister.

(5)  Section 81(5) applies.

(6)  Section 81(6) applies, with the reference to section 59(1)(a)(i) being taken as a reference to section 64(a)(i).

AR 369/93 s94;325/2000

Commencement of guaranteed term of years

95   Section 82 applies.

Requirement of evidence

96   Section 83 applies, with references in it to section 41 being taken as references to section 52.

Transfer of pensions under reciprocal agreements

97(1)  Section 84(1) applies.

(2)  A reciprocal agreement entered into, made or amended after commencement must be consistent with the Plan and provide

                               (a)    for the transfer of the pension entitlements covered by section 84(2)(a) (based on all pensionable service, whenever accumulated), subject to the maximum of the aggregate of the maximum allowed by section 84(2)(a) and in addition, in the case of a person falling within section 72(a), the employee contribution excess determined as of the date when the application for the transfer is received by the Minister, and

                              (b)    the matters specified in section 84(2)(b), (d), (e) and (f).

(3)  Section 84(3) applies.

AR 369/93 s97;150/98;301/2003

Beneficiaries

99   Section 86 applies, with the reference in subsection (4) of it to Subdivision A being taken as a reference to Subdivision B.

Method of payment of pensions

100   Section 87 applies, with the references in subsection (5) of it to section 38(1)(c)(ii), (d) and (d)(ii) being taken as references to section 49 as it incorporated or incorporates, respectively, those enactments.

AR 369/93 s100;208/2003

Idem - conversion following death

101   Section 88 applies.

Prohibition of pension suspension

102(1)  Once a pension has commenced, it may not be suspended for any reason.

(2)  Subsection (1) does not affect the ongoing validity of a pension suspension effected under section 102 (but not under section 103) as those sections existed at the end of 2000.

AR 369/93 s102;325/2000

103   Repealed AR 325/2000 s6.

Continuation of existing pensions and pension rights

104(1)  Section 91 applies, with the reference in subsection (2) of it to section 30(c) of the former Act being taken as a reference to section 31.2(c) of the former Act.

(2)  To avoid doubt, the pension or the right to a pension or deferred pension continued by subsection (1), if based on the participant’s death or total disability, includes any portion of the pension that is based partly on potential service under and within the meaning of the former Act, even if the service is recognized after commencement.

Part 6
Miscellaneous

Interest chargeable

105(1)  Where the Plan provides for the charging of interest, interest shall be charged at the rate of 4% per annum compounded semi‑annually up to commencement.

(2)  Where a provision of these plan rules provides for the charging of interest after commencement and does not provide for a specific rate, interest shall be charged at the rate that is calculated on and as of the first day of the fiscal year on the basis of the average of the yields of 5‑year personal fixed term chartered bank deposit rates maintained by Statistics Canada as CANSIM Series V 122515 (formerly B 14045), over the most recent 12‑month period for which the rates are available and, where that rate results in a fraction of 1% that is expressed otherwise than as a multiple of a full 1/10 of 1%, rounded downwards to the next full 1/10 of 1%.

(3)  Where a provision of these plan rules provides for the charging of interest at the financing rate, interest shall be charged at the rate that is equal to the nominal interest rate per annum, compounded annually, used in the calculation of actuarial reserve amounts.

AR 369/93 s105;256/98;34/2007

Advance against pension

106   Where there is a delay in processing a pension beyond 30 days from pension commencement, the Minister of Finance may advance money from the plan fund to the pensioner against the pension.

AR 369/93 s106;268/2002;68/2008;31/2012

Actuarial formulas

107(1)  The actuarial formulas to be used for the purposes of the Plan or for particular provisions of the Plan are to be certified by an actuary and  approved in writing by the Minister for the purposes of the Plan.

(2)  The actuarial formulas are exempt from the application of the Regulations Act.

Exercise of benefit choice

108(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)  A choice made, including a choice deemed to be made, in relation to a benefit is irrevocable when, and is not irrevocable until, the benefit is received or commences to be paid.

Prohibition against assignment, etc.

109(1)  A person may not assign, charge, anticipate, give as security or surrender his interest in a benefit or any of his rights under the Plan.

(2)  For the purposes of subsection (1),

                               (a)    assignment does not include

                                        (i)    an assignment under a matrimonial property order, or

                                      (ii)    an assignment by the legal representative of a deceased individual on the distribution of the individual’s estate,

                                  and

                              (b)    surrender does not include a reduction in benefits to avoid the revocation of the Plan’s registration.

Overpayments and deficiencies

110   Any overpayment of benefit paid or underpayment of contribution payable is recoverable by the Minister, with interest, as a debt due to the Plan.

Return of money

111(1)  If the Minister finds that a person paid a contribution that was not, or that was in excess of what was, payable, the Minister of Finance shall repay from the plan fund the contribution or the excess, with interest.

(2)  The Minister of Finance shall return any contribution to the person who made it where returning it is necessary to ensure compliance with the tax rules.

AR 369/93 s111;268/2002;68/2008;31/2012

Retentions for debt

112(1)  The Minister of Finance may withhold from any benefit payable a sum sufficient to meet any amount by which the person entitled to the benefit is indebted to the Plan.

(2)  The Minister of Finance shall apply any money withheld under this section in satisfaction of the debt to the Plan.

AR 369/93 s112;268/2002;68/2008;31/2012

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.

AR 20/2009 s56

Part 7
Transitional and Commencement Provisions

Pre‑commencement indexing contributions

112.1   It is recognized that the amount transferred into the indexing fund pursuant to section 2 of the Public Sector Pension Plans (Prescribed Assets for Transfer) Regulation (Alta. Reg. 261/93) generally represents contributions paid between August 1, 1992 and September 30, 1993 that would, had they been made after commencement, have been post‑1991 COLA contributions.

113   Repealed AR 310/2002 s4.

Transitional - prior service provisions

114(1)  Notwithstanding anything in Part 3, a person is regarded as having made the arrangements to purchase prior service under and within the meaning of the former Act if he made an application pursuant to section 7 of the Special Forces Pension Plan Regulation (Alta. Reg. 317/85) before commencement or, in the case of leave without pay that ended at any time within the 7 months prior to commencement, within 7 months of the end of that leave period, and he commences to comply with section 8 and, if applicable, section 9 of that Regulation expeditiously after commencement or the end of that leave, as the case may be, as if those provisions were still in force.

(2)  Where a person, immediately before the commencement of section 14, was performing service in the form of leave without pay that continued as leave without salary after that commencement, that person remains entitled to purchase that service as prior service under and within the meaning of the former Act until 7 months after the end of the leave period and, if he does so, that person and, if applicable, the employer continue to be liable to make contributions in respect of that leave on the same basis, including the rate of interest, that applied immediately before that commencement, as if the former Act were still in force.

(4)  Section 26 applies where subsection (1) or (2) is met.

Transitional - spousal protection

115(1)  Section 37(3)(a) is to be read as if “or an effective statutory declaration by that person made under section 25 of the former Act before its repeal” were added at the end of that clause, and section 48 is deemed to read accordingly.

(2)  Without affecting the application of section 37(4) or section 48, as it incorporates section 37(4), subsection (1) ceases to have any force 90 days after commencement.

Savings - suspensions of pension

116(1)  Subject to subsection (2), sections 89 and 102, as they existed at the end of 2000 (except for the reference in section 102(4) to attaining the age of 71 years being treated as referring to reaching the latest pension commencement date), continue to apply with respect to pension suspensions effected under them before 2001 so long as the person continues, without interruption, to make current service contributions.

(2)  A person whose pension was, as at the end of 2000, under suspension pursuant to section 89 or 102 or both, as those sections then existed, may, before April 1, 2001, apply in writing to the Minister not to have subsection (1) apply to him at all, in which case subsection (1) does not apply to him and payment of his pension recommences with effect from January 1, 2001 on the basis of that section or those subsections.

(3)  Where, as at the end of 2000, a pension was under suspension under section 90 or 103, or both, payment of the pension is to recommence as at January 1, 2001.

AR 369/93 s116;325/2000


Commencement

117(1)  This Regulation comes into force on January 1, 1994.

(2)  Sections 75 and 77 apply initially with effect from January 1, 1994 as they relate to increases in the cost of living between November 1, 1992 and October 31, 1993.

Schedule 1

Form 1
Sections 37(3) and 48

PENSION WAIVER OF PENSION PARTNER
AS AT PENSION COMMENCEMENT

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:   If this declaration is signed before pension  commencement, it has no effect until then.  It should reflect circumstances at pension commencement.  Therefore, if stated circumstances change between now and pension commencement, you should notify the Minister.  The form is dealing with the situation as at pension commencement, despite the fact that the declaration may be signed before or after pension commencement.  It may not be signed more than 90 days before pension commencement in any case.

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:

1.       As of (Date of Pension Commencement) I am  the “pension partner” (as described below) of  (Name of Prospective Pensioner)  (“the pensioner”), a retiring member of the Special Forces Pension Plan (“the Plan”).

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.

3.       I understand that if in fact I am the pensioner’s pension partner at pension commencement and subject to the alternative mentioned later in this item numbered 3, the Plan requires that the pensioner take a form of pension which, if the pensioner dies before I do, will continue to be paid to me for my lifetime in an amount equal to 65% of the amount that would have been payable to the pensioner had we both continued to live.  This means that if the pensioner starts to receive a pension and dies before I do, survivor payments equal to 65% of that amount will continue to me for my lifetime.  Alternatively, the pensioner is allowed (without my signing a waiver) to choose a joint life pension with myself as the beneficiary in the event of the pensioner’s predeceasing me, which would in that event give me an actuarially equivalent amount of pension relative to the same or two‑thirds of the pre‑death pension.

4.       I also understand that if I sign this waiver form and it is filed with the Minister I will have given up my rights to the survivor benefit described above.  I further understand that signing this waiver means that the pensioner may choose a pension that provides me with a lower survivor pension benefit than described above or no survivor pension benefit at all and that the pensioner has no obligation to grant me any benefit under the pension plan or other vehicle whatsoever.

5.       Understanding everything described above, I nevertheless waive my rights to the survivor pension required by the Plan.

6.       I have read this form and understand it.

7.       The facts stated were true as at pension commencement (if that date has passed) or will truly reflect circumstances at pension commencement to the best of my knowledge and belief (if that date has not yet arrived).

8.       I have read and reviewed information on all the pension options available to the pensioner, including those that would give me a survivor pension and the pensioner’s retirement statement showing the balance in the pensioner’s account and know the amounts of the benefits one of which I am giving up.

9.       I am signing this form of my own free will and not under any form of pressure.

10.     The pensioner is not present while I am signing this form.

11.     I realize that

                                        (i)    this form only gives a general description of the legal rights I have under the Plan,

                                      (ii)    if I wish to understand exactly what my legal rights are, it may be necessary that I seek legal advice, and

                                     (iii)    the subject‑matter of this waiver form may involve complex financial decisions.

12.     I certify that I have either obtained independent legal and/or financial advice or that I do not wish to obtain 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
of                                             

Form 2   Repealed AR 20/2009 s57.

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

of                                        

Form 4
(Section 57.1)

SPECIAL FORCES PENSION PLAN


Pension Partner Waiver of Pre‑pension
Commencement Death Benefit

S
tatutory 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

of                                        

AR 369/93 Sched.1;150/98;100/2002;301/2003;263/2006;20/2009;149/2010

Schedule 2

Police Services in the Plan
(Section 10)

1.   All police services that were under the Plan under the former Act immediately before the commencement of section 10.

2.   The following police services brought under the Plan after commencement:

[NONE TO DATE]