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AR 196/2001 PROVINCIAL JUDGES AND MASTERS IN CHAMBERS REGISTERED AND UNREGISTERED PENSION PLANS REGULATION

(Consolidated up to 222/2017)

ALBERTA REGULATION 196/2001

Provincial Court Act
Court of Queen
s Bench Act
Interpretation Act

PROVINCIAL JUDGES AND MASTERS IN CHAMBERS
REGISTERED AND UNREGISTERED PENSION PLANS

Table of Contents

                        Preamble

General Provisions

                1      Division of Regulation

                2      Interpretation

                3      Transfer of assets held under temporary arrangements

                4      Prevalence over repealed Regulations

                5      Collection and disclosure of information

Schedule 1
Provincial Judges and Masters in Chambers
(Registered) Pension Plan

                1      Interpretation of Schedule 1

                2      The Plan

Part 1
Administration

                3      Administration of the Plan

                4      Fiscal year

                5      Report to the Legislative Assembly

Part 2
Participation

                6      The participants

Part 3
Funding

                7      Registered pension plan fund

                8      Actuarial valuation report

                9      Fiduciary relationship and use of surplus

              10      Contributions and accretion

              11      Participant contributions

              12      Government contributions

Part 4
Pensionable Service

              13      Computation of pensionable service

Part 5
Benefits

              14      Interpretation and application of Subdivisions A

              15      Interpretation and application of Subdivisions B

              16      Limitation of benefits where obtainable under
Subdivisions A and B

              17      Vesting based on all service

Division 1
Retirement Benefits

Subdivision A
For Service Before 1992

              18      Limitation of benefits to meet tax rules

              19      Normal pension based on age and service

              20      Pension partner protection

              21      Alternative forms of pension

              22      Disability pensions

              23      Disability pension adjustments

              24      Postponement of pension

              25      Failure to select pension

Subdivision B
For Service After 1991

              26      Tax rule limitations on benefits

              27      Normal pension based on age and service

              28      Pension partner protection

              29      Alternative forms of pension

              30      Pension on early retirement

              31      Disability pensions

              32      Disability pension adjustments

              33      Postponement of pension

              34      Failure to select pension

Division 2
Death Benefits

              35      Application of Division

Subdivision A
For Service Before 1992

              36      Pension partners benefit on death before pension commencement

              37      Benefits to other beneficiaries

Subdivision B
For Service After 1991

              38      Pension partners benefit on death before pension commencement

              39      Benefits to other beneficiaries

Division 3
Benefits on Termination
Before Pension Eligibility

Subdivision A
For Service Before 1992

              40      Vested participants under 55

Subdivision B
For Service After 1991

              41      Vested participants under 55

              42      Non-vested participants

Division 4
Miscellaneous Provisions on Benefits

              43      Cost-of-living increases

              44      Interest allowance

              45      Pension commencement

              46      Commencement of guaranteed term of years

              47      Suspension of pension on employment

              48      Suspension of pension on reappointment

              49      Beneficiaries

              50      Method of payment of pensions

              51      Idem – conversion following death

              52      Continuation of existing pensions and pension rights

Part 6
Miscellaneous

              53      Interest chargeable

              54      Advance against pension

              55      Actuarial formulas

              56      Exercise of benefit choice

              57      Prohibition against assignment, etc.

              58      Matrimonial property orders

              59      Liability of benefits to legal process

              60      Liability of Government and prohibition against
extra‑legislative benefits or remedies

              61      Rights and obligations under former Regulation

              62      Overpayments and deficiencies

              63      Return of money

              64      Retentions for debt

              65      Requirement of evidence

              66      Appeals

              67      Termination of the Plan, and surplus on wind‑up

              68      Transitional – interest rates - 1998

              69      Transitional – actuarial tables

              70      Transitional – pre‑April 1, 1998 service purchases

           71.1      Transitional – election for certain judges

           71.2      Transitional – interest relief for non‑electing judges

Subschedule

                        Forms

Schedule 2
Provincial Judges and Masters in
Chambers (Unregistered) Pension Plan

                1      Interpretation of Schedule 2

                2      Establishment of the Plan

Part 1
Administration

                3      Administration of the Plan

                4      Fiscal year

                5      Report to the Legislative Assembly

Part 2
Participation

                6      The participants

Part 3
Funding

                7      RCA fund

                8      Actuarial valuation report

                9      Payment of benefits and costs

              10      Contributions and RCA taxes

              11      Participant contributions

              12      Government contributions

Part 4
Pensionable Service

              13      Computation of pensionable service

Part 5
Benefits

              15      Interpretation and application of Part 5

              16      Limitation of benefits

           16.1      Linking of benefit choices to those made under Registered Plan

           17.1      Reduction for Registered Plan benefits

Division 1
Retirement Benefits

              27      Amount and form of pension

              28      Spousal protection

              29      Alternative forms of pension

              31      Disability pensions

              32      Disability pension adjustments

              33      Postponement of pension

              34      Failure to select pension

Division 2
Death Benefits

              35      Application of Division

              36      Pension partner’s pension for pre-1992 service

              37      Benefits to other beneficiaries for pre-1992 service

              38      Pension partners benefit on death before
pension commencement

              39      Benefits to other beneficiaries

Division 3
Benefits on Termination
Before Pension Eligibility

              41      Vested participants under 55

              42      Non‑vested participants

Division 4
Miscellaneous Provisions on Benefits

              43      Cost-of-living increases

              44      Interest allowance

              45      Pension commencement

              46      Commencement of guaranteed term of years

              47      Suspension of pension on employment

              48      Suspension of pension on reappointment

              49      Beneficiaries

              50      Method of payment of pensions

              51      Idem – conversion following death

Part 6
Miscellaneous

              53      Interest chargeable

              54      Advance against pension

              55      Actuarial formulas

              56      Exercise of benefit choice

              57      Prohibition against assignment, etc.

              58      Matrimonial property orders

              59      Liability of benefits to legal process

              60      Liability of Government and prohibition
against extra‑legislative benefits or remedies

              62      Overpayments and deficiencies

              63      Return of money

              64      Retentions for debt

              65      Requirement of evidence

              66      Appeals

              67      Termination of the Plan, and surplus on wind‑up

              68      Transitional –  interest rates – 1998

           71.1      Transitional – election for certain judges

           71.2      Transitional – interest relief for non‑electing judges


              72      Recalculation of past benefits

              73      Forms

Preamble

WHEREAS the Supreme Court of Canada recently decided certain questions on the subject‑matters of benefits payable to provincial judges and judicial independence; and

WHEREAS the 1998 and 2000 Judicial Compensation Commissions have made recommendations respecting those benefits, including specifically pensions and other retirement benefits, and also those for masters in chambers; and

WHEREAS it is the intent of this Regulation generally to put into effect those recommendations, so far as they relate to pensions and other retirement benefits, and to bring the legislation into line with current  income tax rules (so far as applicable) and, as to structure and draftsmanship, other public sector pension legislation;

THEREFORE the Lieutenant Governor in Council enacts as follows:

General Provisions

Division of Regulation

1   Apart from the Preamble and sections 1 to 5, this Regulation is divided into

                               (a)    Schedule 1, containing the Provincial Judges and Masters in Chambers (Registered) Pension Plan continued by that Schedule, and related provisions, and

                              (b)    Schedule 2, containing the Provincial Judges and Masters in Chambers (Unregistered) Pension Plan established by that Schedule, and related provisions.

AR 196/2001 s1;222/2017

Interpretation

2   Expressions that are used in sections 1 to 5 and defined in Schedules 1 and 2 have the corresponding appropriate meanings given by those Schedules collectively.

AR 196/2001 s2;222/2017

Transfer of assets held under temporary arrangements

3    The Minister of Finance shall, as soon as practicable, transfer all the assets held in the Consolidated Cash Investment Trust Fund account under section 7 of the Provincial Judges and Masters in Chambers (Temporary Pension Arrangements) Regulation, 1998 (AR 177/98),

                               (a)    to the extent that they consist of or derive from contributions which, by virtue of Schedule 1, were liable to be made to the pension plan continued by Schedule 1, to the pension fund continued by section 7(1) of Schedule 1, and

                              (b)    to the extent that they consist of or derive from contributions which, by virtue of Schedule 2, were liable to be made to the plan established by Schedule 2, to the fund established by section 7(1) of Schedule 2,

and, notwithstanding the repeal of that Regulation by section 6(2), that account is to continue in force, so far as necessary but without any further addition of contributions, until that transfer is made.

AR 196/2001 s3;68/2008;31/2012

Prevalence over repealed Regulations

4   Notwithstanding anything in section 35 of the Interpretation Act, to the extent that this Regulation and the Regulations repealed by section 6(1) and (2) are inconsistent with reference to anything occurring before the making of this Regulation, this Regulation prevails over those repealed ones.

AR 196/2001 s4;251/2001

Collection and disclosure of information

5(1)  In this section, “judicial service information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act that

                               (a)    relates to pensions and other benefits or to participants’ and former participants’ service, and

                              (b)    has a reasonable and direct connection to the administration of pensions and other benefits.


(2)  The Minister is authorized to collect judicial service information from, and to disclose it to,

                               (a)    the specific participant or former participant to whom the information relates,

                              (b)    an appeal board established under Schedule 1 or 2, where the information relates to the appellant or respondent, and

                               (c)    the Minister of Justice and Solicitor General.

(3)  The Minister of Justice and Solicitor General is authorized to collect judicial service information from, and to disclose it to,

                               (a)    a person or board referred to in subsection (2)(a) or (b), and

                              (b)    the Minister.

(4)  The Minister may require the Minister of Justice and Solicitor General to provide to the Minister, within the time specified by the Minister, information that is required by the Minister to enable  him or her to fulfill his or her functions under this Regulation.

AR 196/2001 s5;170/2012

6, 7   Repealed AR 118/2005 s2.

Schedule 1

Provincial Judges and Masters in
Chambers (Registered) Pension Plan

Interpretation of Schedule 1

1(1)  In this Schedule,

                               (a)    “actuarial equivalent” means the equivalent in actuarial present value, calculated in accordance with demographic and economic factors that are recommended by an actuary and approved by the Minister;

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

                         (b.01)    “ad hoc master” means a person appointed as an ad hoc master in chambers under section 8.3 of the Court of Queen’s Bench Act;

                           (b.1)    “appointed”, used in relation to a judge or supernumerary judge of the Provincial Court or a part‑time judge, master, half‑time master or ad hoc master, includes reappointed;

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

                              (d)    “capped salary” means salary that is or was compensation within the meaning of the tax rules, subject however to such limitation as is or was necessary to ensure that the benefit accrual under the tax rules for the taxation year does not or did not exceed the defined benefit limit fixed by the tax rules for that year;

                               (e)    “contributions” means contributions under the Plan;

                               (f)    “former Regulation” means the Provincial Judges and Masters in Chambers Pension Plan Regulation (AR 265/88) (repealed);

                            (f.1)    “half‑time master” means a person appointed as such under section 8.21 of the Court of Queen’s Bench Act;

                               (g)    “judge” means

                                        (i)    a judge of the Provincial Court appointed under the Provincial Court Act and includes a Chief Judge, Deputy Chief Judge and an Assistant Chief Judge, or

                                      (ii)    a master,

                                       but does not include a supernumerary judge of the Provincial Court or a part‑time judge, ad hoc master, half‑time master or part‑time master;

                              (h)    “judicial service” means periods of judicial service as, or otherwise occupying the position of, a judge;

                               (i)    “latest pension accrual date” means the last date as of which the tax rules allow a participant to accrue pensionable service;

                               (j)    “leave without salary” means a period during which a participant is or was, with due authorization, on leave from his or her regular duties as a judge and is receiving no remuneration or remuneration that is less than his or her regular remuneration, and includes any period recognized as leave without pay under the former Regulation, but does not include a period during which he or she is or was on LTDI;

                              (k)    “master” means a master in chambers appointed under the Court of Queen's Bench Act;

                                (l)    “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;

                             (m)    “maximum benefit accrual date” means, in respect of a participant, the date on which the 70% benefit accrual percentage referred to in section 11(3)(a) is reached;

                              (n)    “Minister” means the member of the Executive Council responsible for the administration of the Management Employees Pension Plan;

                              (o)    “on LTDI” means, in relation to a judge or former judge (other than a former judge who is or was a part‑time judge or half‑time master), in receipt of money provided to a participant under and within the meaning of the Long Term Disability Income Continuance Plan established by Schedule 2 to the Provincial Court Judges and Masters in Chambers Compensation Regulation (AR 176/98), and includes his or her being in receipt of benefits under the Government’s Long Term Disability Income Continuance Plan for management employees before the first‑mentioned Plan came into effect;

                              (p)    “participant” means a person who is a participant of the Plan by virtue of section 6;

                              (q)    “participant current service contributions” means a participant’s contributions under section 11(1);

                           (q.1)    “part‑time judge” means a person appointed as such under section 9.24 of the Provincial Court Act;

                           (q.2)    “part‑time master” means a master who performs the duties of a master in chambers on a part‑time basis but does not include a half‑time master or an ad hoc master;

                               (r)    “pension” means a pension under the Plan, and “pensioner” means a person in receipt of such a pension and includes a prospective pensioner;

                            (r.1)    “pension partner” means

                                        (i)    a person who, at the relevant time, was married to a participant or former participant and

                                              (A)    was not judicially or otherwise separated from him or her, or

                                              (B)    if so separated, was wholly or substantially dependent on him or her,

                                      (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,

                                               and was, during that period or that relationship, as the case may be, held out by the participant or former participant in the community in which they lived as being in that conjugal relationship, or

                                     (iii)    if there is no person to whom subclause (i) or (ii) applies, a person who was married to but separated from the participant or former participant and not wholly or substantially dependent on him or her at the relevant time;

                               (s)    “pension commencement” means the time established by section 45 that constitutes the effective date for the commencement of the relevant pension;

                               (t)    “pensionable service” means any period to be taken into account as pensionable service under section 13;

                              (u)    “plan fund” means the pension fund continued by section 7(1);

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

                              (w)    “salary” means,

                                        (i)    subject to subclause (ii), a judge’s annual salary under the Provincial Court Judges and Masters in Chambers Compensation Regulation (AR 176/98) or any predecessor of that Regulation, or both, as the case may be, or

                                      (ii)    in the case of a person who is or was on LTDI or on leave without salary, the amount that would have been the annual salary under subclause (i) had that person remained in active judicial service in the capacity in which he or she served immediately before becoming disabled or going on leave without salary, as the case may be,

                                       but, in respect of any period after a participant has reached the latest pension accrual date, means $0;

                              (x)    “service” means any period that is judicial service or pensionable service or both;

                              (y)    repealed AR 97/2002 s4;

                               (z)    “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;

                             (aa)    “termination”, subject to subsections (1.1) and (1.2), means a person’s ceasing to be a participant under any circumstances other than death;

                            (bb)    “the Plan” or “this Plan” means the pension plan continued by section 2(1) as the Provincial Judges and Masters in Chambers (Registered) Pension Plan;

                             (cc)    “vested” means, in relation to a participant or former participant, having accumulated at least 2 years’ pensionable service or terminating or having terminated on or after reaching the latest pension accrual date;

                            (dd)    “years of pensionable service” means, in respect of a participant or former participant, the number of complete years and any fraction of a remaining year of pensionable service.

(1.1)  To avoid doubt, where a judge is appointed as a judge under section 9.23 of the Act with immediate effect from the end of a previous term of appointment as a judge (whether under section 9.23 or not) and without any break, then, for the purposes of this Schedule, there is no termination.

(1.2)  To avoid doubt, where a master is appointed as a master under section 8.2 of the Court of Queen’s Bench Act with immediate effect from the end of a previous term of appointment as a master (whether under section 8.2 or not) and without any break, then, for the purposes of this Schedule, there is no termination.

The Plan

2(1)  The pension plan provided for by and under the former Regulation is continued, subject to this Schedule, as the Provincial Judges and Masters in Chambers (Registered) Pension Plan.

(2)  It is the intent of this Schedule that the Plan be and remain a registered pension plan under the Income Tax Act (Canada).

Part 1
Administration

Administration of the Plan

3(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 this Schedule were amended so to comply.

Fiscal year

4   The fiscal year of the Plan is from April 1 in one year to March 31 in the next.

Report to the Legislative Assembly

5(1)  The Minister shall prepare and lay before the Legislative Assembly a report on the operation of the Plan with respect to each fiscal year. 

(2)  The report must include the most recent actuarial valuation report prepared under section 8 unless that valuation report has already been included in a previous annual report.

Part 2
Participation

The participants

6   The persons who are to and are allowed to participate in the Plan are

                               (a)    all judges, and

                              (b)    all former judges who are on LTDI.

Part 3
Funding

Registered  pension plan fund

7(1)  The Provincial Judges and Masters in Chambers Pension Fund referred to in section 21.2 of the Financial Administration Act is continued as the “Provincial Judges and Masters in Chambers (Registered) Pension Plan Fund” for this Plan.

(2)  The Minister of Finance shall hold and administer the plan fund in accordance with this Schedule.

(3)  The Minister of Finance shall invest the assets of the plan fund in accordance with the Employment Pension Plans Act and the regulations under it.

(4)  All the assets of the Plan are to be held in, and all its liabilities are to be assumed by, the plan fund.

Actuarial valuation report

8   The Minister shall have an actuarial valuation of the Plan performed, and a report on that valuation prepared, by an actuary at least once every 3 years.

Fiduciary relationship and use of surplus

9(1)  Subject to subsection (2), the Minister of Finance shall hold the assets of the Plan in trust for the persons who are or who become entitled to benefits, and for the payment of the costs of administering the Plan.

(2)  Without breaching the trust under or being in any other manner affected by subsection (1), where the total amount held under that subsection exceeds the amount that is actuarially determined to be necessary to pay benefits and the costs of administering the Plan, the Lieutenant Governor in Council may, with respect to any portion or all of the excess,

                               (a)    transfer it to the General Revenue Fund, or

                              (b)    apply it towards reduction of the contributions for which the Government is liable under section 12.

Contributions and accretion

10(1)  All contributions to the Plan, with interest if any, shall be made and remitted to the Minister of Finance, who shall deposit them into the plan fund directly on receiving them.

(2)  All income of and all appreciation and depreciation in the value of the assets of the Plan accrue to the plan fund.

Participant contributions

11(1)  Subject to this section, a participant shall, at intervals coinciding with the salary periods fixed by order of the Minister, make contributions for current service at the rate of

                               (a)    9%, until March 31, 2000, and

                              (b)    7%, with effect from April 1, 2000,

of the participant’s capped salary.

(2)  A participant who is about to enter into a period of leave without salary that does not exceed the 2‑year maximum specified in section 13(3) may apply to have that period taken into account as pensionable service and, if he or she wishes to have it so taken into account, shall make and, to the extent, if any, necessary, remit contributions, with respect to that leave,

                               (a)    pursuant to subsection (1) for the period of or periods aggregating one year less any periods of leave without salary previously taken and falling within this clause or section 9(4)(b) of the former Regulation, and

                              (b)    pursuant to subsection (1), except at double the rate set out in subsection (1), for any subsequent periods.

(3)  Notwithstanding anything in this section, participant current service contributions are not to be made after a participant

                               (a)    attains a benefit accrual percentage of 70%, the benefit accrual percentage being equal to

                                       (2% x A) + (2.67% x B) + (3% x C)

                                       where

                                       A =  the participant’s years of pensionable service before April 1, 1998,

                                       B =  the years of pensionable service from April 1, 1998 to March 31, 2000, and

                                       C =  the years of pensionable service after March 31, 2000,

                                  or

                              (b)    reaches the latest pension accrual date,

whichever of those events occurs first.

(4)  A participant shall not make contributions while on LTDI except that, if a participant on LTDI is also earning a salary under a rehabilitation employment program, he or she shall make and remit contributions pursuant to subsection (1) in respect of that salary.

(5)  Subject to subsections (2) and (4), the Government is liable for the remittance of the participant current service contributions under subsection (1), for which purpose it may withhold those contributions from remuneration payments.

Government contributions

12(1)  The portion of the current service cost for which the Government is liable is the cost of future benefit accruals after taking into account participant current service contributions and any excess amount applied towards a reduction of its contributions pursuant to section 9(2)(b).

(2)  Subject to section 9(2), the Minister shall, if necessary, within a reasonable time after receiving an actuarial valuation report under section 8 and following the recommendations of the actuary in the report, in writing adjust the Government’s contributions

                               (a)    in respect of current service, to a rate, determined by reference to a percentage of participants’ capped salaries, that is sufficient to finance that portion of the current service cost that is ascribed to the Government by subsection (1), and

                              (b)    if the Plan has an unfunded liability within the meaning of the Employment Pension Plans Regulation (AR 35/2000), to payments that are sufficient to amortize that unfunded liability in accordance with that Regulation.

Part 4
Pensionable Service

Computation of pensionable service

13(1)  Subject to this section, in computing the length of pensionable service that a person accumulated, the following are the periods to be taken into account, namely,

                               (a)    any period that legally constituted and that was recognized as pensionable service under the former Regulation, and

                              (b)    any period after March 31, 1998 in respect of which that person was a participant.

(2)  Notwithstanding anything in this Plan, pensionable service is not to accrue after a participant’s maximum benefit accrual date or latest pension accrual date, whichever occurs first, is reached.

(3)  Leave without salary occurring after March 31, 1998 may be taken into account as pensionable service only

                               (a)    if the participant complied with the terms and conditions of the leave and returned to active judicial service as a sitting judge or went on LTDI following the cessation of the leave,

                              (b)    to the extent that the aggregate of all the periods of the participant’s leave without salary, before, on and after April 1, 1998, does not exceed 2 years, and

                               (c)    if the participant paid the requisite contributions under section 11(2) in respect of the leave.

(4)  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.

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

Part 5
Benefits

Interpretation and application of Subdivisions A

14(1)  This section applies with respect to the interpretation and application of Subdivisions A of Divisions 1, 2 and 3 of this Part and, subject to section 15(4), of Division 4 of this Part and, in any such Subdivision or Division,

                               (a)    “deferred pension” means a pension under section 40(b);

                              (b)    “highest average salary” means, subject to subsection (2), the average of a person’s annual salaries,

                                        (i)    if that person terminated before April 1, 2006, 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 the salaries was the highest, namely

                                              (A)    the person’s pensionable service, and

                                              (B)    any further service that would be pensionable service but only for its occurring between the maximum benefit accrual date and the latest pension accrual date,

                                           or

                                      (ii)    if that person terminated after March 31, 2006, in the 3 or, if less than 3, the total number of consecutive years specified in subclause (i);

                               (c)    “normal pension” means a pension in the amount receivable under section 19(1) and in the form specified in section 19(2)(a) or (b), depending on which of those clauses applies;

                              (d)    “participant contributions” means, so far as they relate to service that occurred before 1992 and have not previously been returned, contributions with interest recognized as employee contributions for the purposes of section 12(1)(a) of the former Regulation.

(2)  Section 15(2) applies.

(3)  Except where specifically stated, Subdivision A of Division 1, 2 or 3 of this Part applies only with respect to service that occurred before 1992.

(4)  Where a provision of Division 4 uses an expression that is the subject‑matter of an interpretation provision of this section, then this section applies with respect to the interpretation of that expression so far as it relates to service that occurred before 1992.

Interpretation and application of Subdivisions B

15(1)  This section applies with respect to the interpretation and application of Subdivisions B of Divisions 1, 2 and 3 of this Part and, subject to section 14(4), of Division 4 of this Part and, in any such Subdivision or Division,

                               (a)    “deferred pension” means a pension under section 41(b);

                              (b)    “highest average capped salary” means, subject to subsection (2), the average of a person’s annual capped salaries,

                                        (i)    if that person terminated before April 1, 2006,

                                              (A)    to the extent that the benefit is based on pensionable service before April 1, 1998, in the 5 or, if less than 5, the total number of consecutive years, and

                                              (B)    to the extent that the benefit is based on pensionable service after March 31, 1998, in the 3 or, if less than 3, the total number of consecutive years,

                                           or

                                      (ii)    if that person terminated after March 31, 2006, in the 3 or, if less than 3, 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 the capped salaries was the highest, namely the person’s pensionable service and any further service that would be pensionable service but only for its occurring between the maximum benefit accrual date and the latest pension accrual date;

                               (c)    “normal pension” means a pension in the amount receivable under

                                        (i)    section 27(1), in the case of pensionable service that occurred after December 31, 1991 and before April 1, 1998, or

                                      (ii)    section 27(2), in the case of pensionable service occurring after March 31, 1998,

                                       and in the form specified in section 27(3)(a) or (b), depending on which of those clauses applies;

                              (d)    “participant contributions” means, so far as they have not previously been returned, participant current service contributions, with interest.

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

(3)  Except where specifically stated, Subdivision B of Division 1, 2 or 3 of this Part applies only with respect to service that occurred or occurs after 1991.

(4)  Where a provision of Division 4 uses an expression that is the subject‑matter of an interpretation provision of this section, then this section applies with respect to the interpretation of that expression so far as it relates to service that occurred or occurs after 1991.

Limitation of benefits where obtainable under
Subdivisions A and B

16(1)  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 Division 1, 2 or 3 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.

(2)  The taking of a pension in the form of a normal pension under Subdivisions A and B of Division 1, 2 or 3 of this Part is not to be considered as constituting different forms of pension for the purposes of subsection (1).

Vesting based on all service

17   In any provision of this Part (including section 1(cc) where applicable) predicating entitlement to a benefit on whether or not a minimum number of years’ service has been accumulated, the reference to service includes service accruing before, on and after January 1, 1992.

Division 1
Retirement Benefits

Subdivision A
For Service Before 1992

Limitation of benefits to meet tax rules

18   Benefits that relate to service that is pensionable under section 13 are limited to what is allowed by the tax rules.

Normal pension based on age and service

19(1)  A vested person who terminates after March 31, 1998 and has attained the age of 55 years is entitled to receive a pension in the annual amount that is equal to 2% of the highest average salary multiplied by the years of pensionable service.

(2)  A pension under subsection (1) is payable,

                               (a)    if the pensioner did not have a pension partner at pension commencement or if he or she did but a valid statutory declaration under section 20(3) was filed with the Minister in respect of the pension, for the life of the pensioner, or

                              (b)    if the pensioner did have a pension partner at pension commencement and such a declaration was not filed with the Minister in respect of the pension, in the form of a single life pension, payable only for the life of the pensioner with the provision that, if the pensioner dies survived by that person, the pension is payable to that person for life in an amount equal to 3/4 of the pension that would have been payable to the pensioner had the latter continued to live.

Pension partner protection

20(1)  Notwithstanding anything in the Plan except subsections (2) and (3) and section 36(5), 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 specified in section 19(2)(b).

(2)  The pensioner may select a form of joint life pension under section 21(1), as it incorporates section 29(1)(b) or (d), with the pension partner at pension commencement as the designated nominee, rather than that referred to in subsection (1).

(3)  Section 28(3) applies, with the reference to section 28(6) being taken as a reference to subsection (6) as it incorporates section 28(6).

(4)  Section 28(4) applies.

(5)  Section 28(5) applies.

(6)  Section 28(6) applies, with the reference to section 28(3)(b) being taken as a reference to subsection (3) as it incorporates section 28(3)(b).

Alternative forms of pension

21(1)  A person who is entitled to receive a pension in the form specified in section 19(2)(a) is entitled, as an alternative, to select any form of pension from any of those provided for in section 29(1).

(2)  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 payable in the form specified in section 19(2)(a).

(3)  Section 29(3) applies.

Disability pensions

22(1)  Section 31(1) applies, with the reference in it to section 32 being taken as a reference to section 23.

(2)  Subject to subsection (3), a person referred to in section 31(2) becomes and, subject to section 23, 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 the 55th birthday.

(3)  Section 31(3) applies.

(4)  Section 31(4) applies, with the reference in it to section 32 being taken as a reference to section 23.

Disability pension adjustments

23   Section 32 applies with the references to section 31(1) and (2) being taken as references to section 22(1) and (2) respectively.

Postponement of pension

24(1)  A person other than a part‑time judge or half‑time master who has not reached the latest pension accrual date and who is entitled to receive a pension under section 19(1) or 40(b) may postpone commencement of the pension to any date up to that date.

(2)  Whether or not a person referred to in subsection (1) 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 earliest date when, given the circumstances described in the relevant enactment referred to in subsection (1), it could have occurred.

(3)  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.

Failure to select pension

25   Section 34 applies.

Subdivision B
For Service After 1991

Tax rule limitations on benefits

26   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 and service

27(1)  A vested person who

                               (a)    terminates after March 31, 1998, and

                              (b)    either

                                        (i)    has attained the age of 55 years with the sum of his or her age and judicial service amounting to at least 80 years, or

                                      (ii)    has attained the age of 60 years,

is entitled to receive a pension in the annual amount that is equal to 2% of the highest average capped salary multiplied by the years of pensionable service that occurred after December 31, 1991 and before April 1, 1998.

(2)  A vested person who

                               (a)    terminates after March 31, 1998, and

                              (b)    subject to subsection (4), has attained the age of 60 years with the sum of his or her age and judicial service amounting to at least 80 years,

is entitled to receive a pension in the annual amount that is equal to 2% of the highest average capped salary multiplied by the years of pensionable service occurring after March 31, 1998.

(3)  A pension under subsection (1) or (2) is payable,

                               (a)    if the pensioner did not have a pension partner at pension commencement or if he or she did but a valid statutory declaration under section 28(3) was filed with the Minister in respect of the pension, for the life of the pensioner, or

                              (b)    if the pensioner did have a pension partner at pension commencement and such a declaration was not filed with the Minister in respect of the pension, in the form of a single life pension, payable only for the life of the pensioner with the provision that, if the pensioner dies survived by that person, the pension is payable to that person for life in an amount equal to 2/3 of the pension that would have been payable to the pensioner had the latter continued to live.

(4)  The 80 factor requirement of subsection (2)(b) does not apply to a person who terminates on or after reaching his or her latest pension accrual date.

Pension partner protection

28(1)  Notwithstanding anything in the Plan except subsections (2) and (3) and section 38(5), 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 specified in section 27(3)(b).

(2)  The pensioner may select a form of joint life pension under section 29(1)(b), (c) or (d), with the pension partner at pension commencement as the designated nominee, rather than that referred to in subsection (1).

(3)  Subsections (1) and (2) do not apply where there was filed with the Minister

                               (a)    a valid statutory declaration by the person who was the pension partner at pension commencement in the form set out in, and signed in accordance with the requirements of, Form 1 of the Subschedule,

                              (b)    where that person was a pension partner within the meaning of section 1(1)(r.1)(iii) and the circumstances described in subsection (6) apply, a valid statutory declaration by the pensioner in the form set out in Form 2 of the Subschedule, or

                               (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.

(5)  A pension payable under subsection (2) is in an amount that is the actuarial equivalent of the pension payable in the form of a normal pension.

(6)  The circumstances referred to in subsection (3)(b) are that

                               (a)    the pension partner was separated from the pensioner for at least 3 years prior to pension commencement, and

                              (b)    the Minister has not been notified in writing that any matrimonial property proceeding designed to obtain a matrimonial property order has been or is about to be commenced.

Alternative forms of pension

29(1)  A person who is entitled to receive a pension in the form specified in section 27(3)(a) 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 5, 10 or 15 years, is selected by the pensioner, or

                                      (ii)    his or her life,

                                       whichever is the longer;

                              (b)    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;

                               (c)    a joint life pension, payable during the life of the pensioner with the provision that, if the pensioner dies survived by a  nominee designated by the pensioner, the pension is payable to that person for life in an amount equal to 3/4 of the pension that would have been payable to the pensioner had the latter continued to live;

                              (d)    a joint life pension described in clause (b) 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 same amount as was payable to the survivor immediately before the survivor’s death.

(2)  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 payable in the form specified in section 27(3)(a).

(3)  The designated nominee referred to in subsection (1) for a joint life pension must, at the time of pension commencement, be eligible for post‑retirement survivor benefits under and within the meaning of  the tax rules.

Pension on early retirement

30(1)  A vested person who terminates after March 31, 1998 and has attained the age of 55 years without meeting the requirements of section 27(1)(b) is entitled to receive a pension, with respect to pensionable service that occurred after December 31, 1991 and before April 1, 1998, in the form and in the amount of a normal pension, reduced however, if applicable, 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 the date when he or she attains the age of 60 years or the date when his or her future age and the accumulated judicial service to pension commencement would amount to 80 years, whichever of those dates occurs first.

(2)  A vested person who terminates after March 31, 1998 and has attained the age of 55 years without meeting the requirements of section 27(2)(b) (taking into account, if applicable, the effect of section 27(4)) is entitled to receive a pension, with respect to pensionable service occurring after March 31, 1998, in the form and in the amount of a normal pension, reduced however, if applicable, 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

                               (a)    the date when he or she attains the age of 60 years, or

                              (b)    the date when his or her future age and accumulated judicial service to pension commencement would amount to 80 years or, if sooner, the latest pension accrual date,

whichever of the dates specified in clauses (a) and (b) occurs last.

Disability pensions

31(1)  Subject to subsection (3), a vested person who, before attaining the age of 55 years,

                               (a)    satisfies the Judicial Council that he or she has become totally disabled, and

                              (b)    either terminates as a result of that disability or had previously terminated and had elected to receive a deferred pension,

becomes and, subject to section 32, is entitled to receive a normal pension.

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

                               (a)    satisfies the Judicial Council that he or she

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

                                      (ii)    is not totally disabled,

                                  and

                              (b)    either terminates as a result of that impairment or had previously terminated and had elected to receive a deferred pension,

becomes and, subject to section 32, is entitled to receive a pension in the form and in the amount of a normal pension, reduced, however, by the amount by which the pension would have been reduced had section 30 been applicable and had termination occurred under the provisions of that section.

(3)  A person is not entitled to receive any pension if on LTDI.

(4)  In this section and in section 32, “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 the duties of a judge.

Disability pension adjustments

32(1)  Where a person who has not yet attained the age of 55 years is in receipt of a pension under section 31(1) and

                               (a)    does not submit the evidence required under section 65 of the continuing total disability, or

                              (b)    the Judicial Council finds that he or she is no longer totally disabled,

the Minister may have the pension reduced to the amount provided for by section 31(2).

(2)  Where a person who has not yet attained the age of 55 years is in receipt of a pension under section 31(2) and satisfies the Judicial Council that he or she is totally disabled, the Minister may upgrade the pension to a pension under section 31(1) with effect from the date of the 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 31(2) and the Minister is no longer satisfied that he or she is eligible for the pension, the Minister may eliminate payment of the pension.

Postponement of pension

33   A person other than a part‑time judge or half‑time master who has not reached the latest pension accrual date and who is entitled to receive a pension under section 27, 30 or 41(b) may postpone commencement of the pension to any date up to that date.

Failure to select pension

34   A person, other than a surviving pension partner within the meaning of section 35(2), 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.

Division 2
Death Benefits

Application of Division

35(1)   This Division applies with respect to a person who dies while

                               (a)    a participant, or

                              (b)    a former participant who is not receiving a pension but is entitled to benefits.

(2)  In this Division, “surviving pension partner” means the individual (if any) who was the pension partner of the deceased immediately before the death occurred, and who survived the deceased.

Subdivision A
For Service Before 1992

Pension partners benefit on death before pension commencement

36(1)  Where there is a surviving pension partner, that pension partner is entitled to choose to receive

                               (a)    a pension for life in an amount equal to 3/4 of the normal pension, or

                              (b)    a pension provided for in subsection (2),

with the pension specified in clause (a) applying automatically if no such choice is made or made in time.

(2)  The pension referred to in subsection (1)(b) is the pension described in section 38(2).

(3)  The pensions addressed in subsection (2), as it incorporates section 38(2)(c) (as deemed to have been selected by the deceased), are

                               (a)    a joint life pension payable during the joint lives of the deceased and the surviving pension partner and which, after the death of the deceased, is payable to that pension partner for life in the same amount as would have been payable before the death but in an amount that is the actuarial equivalent of the pension payable in the form specified in section 19(2)(b), and

                              (b)    a term only pension, payable for whichever term, being 5, 10 or 15 years, is selected by the pension partner and in the amount of the guaranteed term pension that the deceased would have received under section 21(1) (with that selected term) had the deceased selected that guaranteed term pension and continued to live until the end of that term, and that is the actuarial equivalent of the pension payable in the form specified in section 19(2)(a).

(4)  Section 38(4) applies with respect to this section.

(5)  Where this section applies, nothing in section 20 does.

(6)  A choice under subsection (1) of a pension referred to in subsection (1)(b) must be made within 90 days after a request made by the Minister to the surviving pension partner to do so has been sent.

Benefits to other beneficiaries

37   Section 39 applies with the reference to section 29(1)(a) being taken as a reference to section 21(1), as it incorporates section 29(1)(a).

Subdivision B
For Service After 1991

Pension partner’s benefit on death before pension commencement

38(1)  Where there is a surviving pension partner, that pension partner is entitled,

                               (a)    if the deceased was vested, to choose to receive, subject to any maximum limit imposed by the tax rules,

                                        (i)    a pension for life in an amount equal to 2/3 of the normal pension, or

                                      (ii)    a pension provided for in subsection (2),

                                       with the pension specified in subclause (i) applying automatically if no such choice is made or made in time, or

                              (b)    if the deceased was not vested, to receive an amount equal to the participant contributions.

(2)  The pension referred to in subsection (1)(a)(ii) is the pension that the surviving pension partner would have received if the deceased, immediately before dying,

                               (a)    has that surviving pension partner as his or her pension partner at pension commencement,

                              (b)    terminated with an entitlement, subject to this section, to a normal pension, and

                               (c)    chose that pension which that surviving pension partner, in a written notice filed with the Minister within 90 days after being requested to do so by the Minister, elects to treat the deceased as being deemed to have chosen from among the pensions specified in subsection (3).

(3)  The pensions referred to in subsection (2)(c) (as deemed to have been selected by the deceased) are

                               (a)    a joint life pension payable during the joint lives of the deceased and the surviving pension partner and which, after the death of the deceased, is payable to that pension partner for life in the same amount as would have been payable before the death but in an amount that is the actuarial equivalent of the pension payable in the form specified in section 27(3)(b), and

                              (b)    a term only pension, payable for whichever term, being 5, 10 or 15 years, is selected by the pension partner and in such amount as the deceased would have received as a guaranteed term pension under section 29(1)(a) (with that selected term) had the deceased selected that guaranteed term pension and continued to live until the end of that term, and as is the actuarial equivalent of the pension payable in the form specified in section 27(3)(a).

(4)  The pension partner’s option under this section applies

                               (a)    regardless of whether or not the deceased would, given the circumstances, have been entitled under this Plan to choose the pension so chosen immediately before dying, and

                              (b)    disregarding any age or age and judicial service shortfall respecting that eligibility and in the calculation of the pension.

(5)  Where this section applies, nothing in section 28 does.

(6)  A choice under subsection (1)(a) of a pension referred to in subsection (1)(a)(ii) must be made within 90 days after a request made by the Minister to the surviving pension partner to do so has been sent.

Benefits to other beneficiaries

39   Where there is no surviving pension partner, the person entitled to receive any benefit on the death is entitled to receive an amount equal to the participant contributions except that, if the deceased had attained the age of 55 years and was vested,

                               (a)    the deceased is deemed to have chosen a pension under section 29(1)(a) on a 10‑year term basis if he or she had not made a valid choice as to the form of pension to be taken, and

                              (b)    if such a choice had been made, the pension is payable in accordance with that choice and is to be in an amount that is the actuarial equivalent of the pension in the section 27(3)(a) form.

Division 3
Benefits on Termination
Before Pension Eligibility

Subdivision A
For Service Before 1992

Vested participants under 55

40  Where a vested participant terminates and has not yet attained the age of 55 years, he or she is entitled to receive, on attaining the age of 55 years, a normal pension.

Subdivision B
For Service After 1991

Vested participants under 55

41  Where a vested participant terminates and has not yet attained the age of 55 years, he or she is entitled

                               (a)    to receive an amount equal to the participant contributions or to have that amount transferred from the Plan, or

                              (b)    to receive, on attaining the age of 55 years, a pension in the form and in the amount of a normal pension reduced, however, as specified in section 30(1) to the extent that the pension derives from pensionable service that occurred after December 31, 1991 and before April 1, 1998 and section 30(2) to the extent that it derives from pensionable service occurring after March 31, 1998.

Non-vested participants

42  Where a non‑vested participant terminates, he or she is entitled

                               (a)    to receive an amount equal to the participant contributions, or

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

Division 4
Miscellaneous Provisions on Benefits

Cost‑of‑living increases

43(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).

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

                               (a)    of postponement under section 24 or 33, and

                              (b)    between termination and the commencement of a deferred pension.

(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 monthly amount of a pension 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 amount that would have been payable for that month if no increase had been made under this section,

                                  by

                              (b)    either

                                        (i)    1 + .6X with respect to persons who terminated before April 1, 2009, or

                                      (ii)    1 + 1X with respect to persons who terminated after March 31, 2009

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.

Interest allowance

44(1)  Where the Plan provides for the allowing of interest, interest shall be 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) is the rate that is calculated on and as of the first day of the calendar 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 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 calendar year with respect to all contributions, with interest accumulated up to the end of the calendar year immediately preceding the most recently completed calendar year.

(4)  Interest shall be applied on the first day of each fiscal year to contributions made during the most recently completed calendar 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 her or transferred, interest shall be applied to the end of the month immediately preceding 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 calendar year, at 1/2 of the rate applied under clause (a).

Pension commencement

45(1)  Where a person becomes entitled to receive a pension under section 19(1), 27 or 30 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 22 or 31, 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 40(b) or 41(b) 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 after 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,

but in any case no later than the latest pension accrual date.

(5)  Notwithstanding subsection (2) or (3), the Minister may treat the effective date of the commencement of a pension under that subsection 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 Division 2 of Part 5 is the day following the death of the deceased.

Commencement of guaranteed term of years

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

Suspension of pension on employment

47(1)  Where a pensioner receiving a pension becomes engaged to work for an employer as defined in the Management Employees Pension Plan (AR 367/93) or the Public Service Pension Plan (AR 368/93) and is required to make participant current service contributions under the Management Employees Pension Plan or under the Public Service Pension Plan, as the case may be, the pension is suspended from the day he or she becomes a participant of that pension plan until no longer a participant.

(2)  Where a pensioner receiving a pension becomes engaged to work for an employer referred to in subsection (1) and is not required to make participant current service contributions so referred to, the pension is suspended while so engaged if the period of work

                               (a)    in any year exceeds a total of

                                        (i)    4 months or 84 working days, or

                                      (ii)    such longer period, not exceeding 8 months or 168 working days, as the Minister directs,

                                  or

                              (b)    commences during the 3-month period immediately following the effective date of the pension. 

(3)  Subsection (1) or (2) does not apply to a person appointed as a supernumerary judge of the Provincial Court unless the pension is liable to suspension under that subsection as a result solely of work other than as a supernumerary judge or to a person appointed as a part‑time judge.

(4)  Subsection (1) or (2) does not apply to a person appointed as an ad hoc master unless the pension is liable to suspension under that subsection as a result solely of work other than as an ad hoc master or to a part‑time master or half‑time master.

Suspension of pension on reappointment

48(1)  Where a pensioner receiving a pension is reappointed as a judge, the pension is suspended from the day he or she again becomes a participant until termination.

(2)  The reappointed participant is entitled, on again terminating, to an additional pension based solely on pensionable service accumulated after the reappointment. 

Beneficiaries

49(1)  Any person on whose death a benefit is payable is a participant for the purposes of section 71 of the Wills and Succession Act.

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

(3)  Where,

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

                              (b)    after the death but before any payment is made under subsection (4), there is filed with the Minister a valid  revocation by the deceased 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 the death is the deceased’s pension partner, if there is a surviving pension partner, or the personal representative of the deceased’s estate, if there is no surviving pension partner.

(4)  When a benefit is paid to a surviving pension partner or the personal representative of an estate by virtue of the operation of subsection (3), the payment is validly made as against the Plan, the Minister, the Minister of Finance and the Government notwithstanding that a designation is filed with the Minister after the payment is made, and the person who would have been entitled under the designation has no right to any benefit as a result of the designation.

(5)  A benefit paid on the death of any person otherwise than to the personal representative of a deceased’s estate is not part of the estate of the deceased and is not subject to the claims of the deceased’s creditors.

(6)  The right of any person under section 71 of the Wills and Succession Act or this section to a benefit is subject to any rights given by Division 1 or 2 to any other person.

Method of payment of pensions

50(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)  Any reduction of a pension payable in the form specified in section 29(1)(b)(ii) or (c) or in section 29(1)(d), as it relates to section 29(1)(b)(ii) or section 21(1), as it incorporates those enactments, resulting from a death is to be taken as occurring with effect from the beginning of the month following that in which the death occurred.

Idem – conversion following death

51(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.

Continuation of existing pensions and pension rights

52   A person who was in receipt of or entitled to a benefit immediately before April 1, 1998 continues, subject to this Regulation, to be entitled to that benefit and in the same form and subject to the same obligations that applied on that date and the same survivorship rights, if any, that applied on that date continue to apply thereafter.

Part 6
Miscellaneous

Interest chargeable

53   Where a provision of this Plan provides for the charging of interest 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 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%.

Advance against pension

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

Actuarial formulas

55(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

56(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.

57(1)  A person may not assign, charge, anticipate, give as security or surrender any interest in a benefit or any 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.

(3)  Subsection (1) does not prohibit a reduction in benefits with respect to service after 1991 to ensure compliance with the tax rules.

Matrimonial property orders

58   The right of any person to receive a benefit is subject to the rights of a pension partner or former pension partner of that person arising under a matrimonial property order filed with the Minister.

Liability of benefits to legal process

59   A person’s interest in a benefit is not subject to garnishee proceedings, attachment, seizure or any legal process.

Liability of Government and prohibition
against extra-legislative benefits or remedies

60(1)  Notwithstanding anything in this Schedule, the Minister of Finance and the Minister shall not provide, and a person is not entitled to, any benefits or any other  remedy at law or in equity relating to a benefit unless that benefit or remedy is expressly provided for in and permitted by this Plan.

(2)  Without limiting subsection (1), no action lies against the Minister, the Minister of Finance or the Government in respect of

                               (a)    any representation made, or any other information provided, by any person to any other person in respect of benefits or other entitlements under the Plan, or

                              (b)    any failure to provide any information in connection with the Plan, or to provide it on time.

Rights and obligations under former Regulation

61(1)  A person is not entitled under this Plan to any benefit or other right provided for by or under the former Regulation except so far as the benefit or right is provided for by or under this Plan.

(2)  Subsection (1) does not affect the amount of any benefit paid or payment of which commenced before April 1, 1998.

Overpayments and deficiencies

62   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

63(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 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.

Retentions for debt

64(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.

Requirement of evidence

65(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, pension partner or single status, legal change of name or fact of death, documents evidencing the facts, and

                              (b)    where a person applies for a pension under section 22 or 31,

                                        (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 (3), for the purposes of determining whether a person who has been granted a pension under section 22 or 31 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 or her occupation and earnings for any period,

that the Minister specifies.

(3)  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.

Appeals

66(1)  A person aggrieved by a decision of the Minister arising out of the administration of the Plan may appeal against that decision.

(2)  A person wishing to appeal under this section must serve the Minister with a notice of appeal in the form approved by the Minister within 30 days of being notified in writing of the decision appealed against or within such longer period as the Minister, on application, allows.

(3)  The notice of appeal must specify the decision appealed against and the grounds of appeal.

(4)  The Minister shall, within 30 days of being served with a notice of appeal under subsection (2), appoint an appeal board to hear the appeal consisting of the following members appointed by the Minister:

                               (a)    one person appointed on the nomination of the Minister of Justice and the Solicitor General;

                              (b)    one person appointed on the nomination of The Alberta Provincial Judges Association;

                               (c)    one person appointed on the joint nomination of the persons appointed under clauses (a) and (b).

(5)  The person appointed under subsection (4)(c) is the chair of the appeal board.

(6)  The Minister may set the time within which the appeal board is to hear the appeal and give a decision and may extend that time.

(7)  The appeal board may, by order,

                               (a)    confirm the decision appealed against,

                              (b)    vacate it, or

                               (c)    vary it so as to effectuate any other decision that the Minister was lawfully empowered to make.

(8)  The appeal board shall serve the appellant and the Minister with a copy of its decision, including the reasons for the decision.

(9)  The Minister may pay from the plan fund the fees and reasonable living and travelling expenses that he or she considers proper to the members of an appeal board.

(10)  Where members of the appeal board appointed under subsection (4)(a) and  (b) fail to agree on a joint nomination under subsection (4)(c), the Court of Queen’s Bench may, on the application of the Minister, the Minister of Justice and Solicitor General or The Alberta Provincial Judges Association, appoint the 3rd member of the appeal board in place of the joint nominee.

Termination of the Plan, and surplus on wind-up

67(1)  If the Plan is terminated and the Plan’s assets are not sufficient to pay all the benefits under the Plan, the benefits are payable by the Government.

(2)  If, after all benefits are provided on the complete wind‑up of the Plan, assets remain in the Plan, those assets shall be transferred to the General Revenue Fund.

68 to 70   Repealed AR 118/2005 s8.

71   Repealed AR 196/2001 s6.

71.1, 71.2   Repealed AR 118/2005 s8.

Subschedule

Form 1
(Sections 20(3) and 28(3)(a))

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 PROVINCIAL JUDGES

TO WIT                     )        AND MASTERS IN CHAMBERS

                                            (REGISTERED) PENSION PLAN

                                            AND THE PROVINCIAL JUDGES

                                            AND MASTERS IN CHAMBERS

                                            (UNREGISTERED) 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 Pensioner)   (“the pensioner”), a retiring member of the Provincial Judges and Masters in Chambers (Registered) Pension Plan or the Provincial Judges and Masters in Chambers (Unregistered) Pension Plan, or both (“the Plans”).

2.      Being the pensioner’s “pension partner” means that as of pension commencement I meet one of the following sets of conditions:

                                       (a)    I am married to and not judicially or otherwise separated from the pensioner;

                                       (b)    I am married to and judicially or otherwise separated from the pensioner but wholly or substantially dependent on the pensioner;

                                       (c)    there is no one who falls within paragraph (a) or (b) above, and

                                                (i)    I have lived continuously with the pensioner for the 3 years immediately before pension commencement in a conjugal relationship, and throughout that 3‑year period I have been represented by the pensioner in our community as being in a conjugal relationship with the pensioner, or

                                               (ii)    I have lived with the pensioner in a conjugal relationship of some permanence up to pension commencement of which there is a child or children by birth or adoption, and throughout that period I have been represented by the pensioner in our community as being in a conjugal relationship with the pensioner;

                                       (d)    there is no one who falls within paragraph (a), (b) or (c) above, and I am married to but separated from the pensioner and not wholly or substantially dependent on the pensioner.

3.      I understand that if in fact I am the pensioner’s pension partner at pension commencement, the Plans require that the pensioner take a pension which, after his or her death, will continue to be paid to me for life in an amount that is 2/3 or more of the amount that would have been payable to the pensioner had he or she continued to live.

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 either Plan.

5.      Understanding everything described above, I nevertheless waive my rights.

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).  In the latter case, if the circumstances set out in this form do change before pension commencement, I will notify the Minister immediately of the change.

8.      I have reviewed information on all the pension options available to the pensioner, including those that would give me a survivor pension.

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.

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 _____           )
in _______ this _______             )   (Signature of pension partner) 
day of __________ 20___          )
_____________________          )
A Commissioner for Oaths in
and for the Province/Territory
of ______________________

Form 2
(Sections 20(3) and 28(3)(b))

Exclusion of Long‑separated Non‑dependant
Spouse from Pension Benefits

Statutory Declaration

CANADA               ) IN THE MATTER OF THE EXCLUSION

FOR PROVINCE   )  OF A LONG‑SEPARATED SPOUSE FROM

OF ALBERTA       ) BENEFITS UNDER THE PROVINCIAL

TO WIT                  ) JUDGES AND MASTERS IN CHAMBERS

                                   (REGISTERED) PENSION PLAN AND

                                   THE PROVINCIAL JUDGES AND

                                   MASTERS IN CHAMBERS

              (UNREGISTERED) 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 “Pensioner”)            , of the (Municipal Status) of (Municipality) in (Province/Territory/State/ Country (if other than Canada)) solemnly declare as follows:

1.      I am a retiring member of the Provincial Judges and Masters in Chambers (Registered) Pension Plan or the Provincial Judges and Masters in Chambers (Unregistered) Pension Plan, or both (“the Plans”).  As of  (Date of Pension Commencement)   , I am married to but separated from  (Full Name of Separated Spouse)  .  I have been separated from him or her for at least the 3 years immediately before pension commencement and he or she is not wholly or substantially dependent on me.  Also,

                                       (a)    there is no person with whom I have lived continuously for the 3 years immediately before pension commencement in a conjugal relationship and who I have represented throughout that 3‑year period in my community as being in a conjugal relationship with me, and

                                       (b)    there is no person with whom I have lived in a conjugal relationship of some permanence up to pension commencement of which there is a child or children by birth or adoption and who I have represented throughout that period in my community as being in a conjugal relationship with me, and

                                       (c)    I have not received and am not aware of any matrimonial property order or similar order of any court affecting the payment of my pension to my separated spouse, whether filed under the Plans or not, and I am not aware of the commencement of any proceedings to obtain any such order and as far as I know, my separated spouse has no intention of claiming any interest in my pension.

2.      I understand that the Plans require that I take my pension in a form which, in the event of my death, provides my spouse with a pension for the rest of his or her life.  However, I understand that if I sign this declaration, I am not required to provide a survivorship pension benefit for my separated spouse and am free to choose any form of pension available to me under the Plans and will be excluding that spouse from receiving that benefit.

3.      I have read this form and understand it.

4.      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).  In the latter case, if the circumstances set out in this form do change before pension commencement, I will notify the Minister immediately of the change.

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 _____                  )
in _______ this _______                    )     (Signature of Pensioner)
day of __________ 20___.                 )
______________________________                                           )

A Commissioner for Oaths in
and for the Province/Territory
of _______________________

AR 196/2001 Sched. 1;24/2002;78/2002;97/2002;
118/2005;267/2006;68/2008;13/2009;21/2012;
31/2012;170/2012;222/2017

Schedule 2

Provincial Judges and Masters
in Chambers (Unregistered)
Pension Plan

Interpretation of Schedule 2

1(1)  In this Schedule,

                              (d)    “capped salary” means the capped salary under and within the meaning of the Registered Plan;

                             (m)    “maximum benefit accrual date” means the maximum benefit accrual date under the Registered Plan;

                            (r.1)    “pension partner” means, with respect to any given provision of this Plan, the person who, at the relevant time, was the pension partner with respect to the equivalent or nearest to equivalent provision of the Registered Plan;

                              (u)    “plan fund” means the plan fund established by section 7(1);

                           (v.1)    “Registered Plan” means Schedule 1, containing the Provincial Judges and Masters in Chambers (Registered) Pension Plan;

                              (w)    “salary” means salary within the meaning of section 1(w)(i) or (ii) of the Registered Plan (including the full amount of any such salary after the latest pension accrual date);

                              (y)    repealed AR 97/2002 s9;

                            (bb)    “the Plan” or “this Plan” means the plan established by section 2 as the Provincial Judges and Masters in Chambers (Unregistered) Pension Plan.

(1.1)  Section 1(1.1) and (1.2) of the Registered Plan apply with respect to this Plan.

(2)  The definitions of “actuarial equivalent”, “actuary”, “appointed”, “benefit”, “contributions”, “former Regulation”, “half‑time master”, “judge”, “judicial service”, “latest pension accrual date”, “leave without salary”, “master”, “matrimonial property order”, “Minister”, “on LTDI”, “participant”, “participant current service contributions”, “part‑time judge”, “pension” and “pensioner”, “pension commencement”, “pensionable service”, “registered”, “service”, “tax rules”, “termination”, “vested” and “years of pensionable service” contained in section 1 of the Registered Plan apply in this Schedule,  with the references in those definitions to the Registered Plan or to a particular provision of the Registered Plan being taken as references to this Plan or to the corresponding provision of this Plan.

(3)  Where

                               (a)    a provision of this Schedule incorporates by reference a provision of the Registered Plan with the same or almost the same section or subsection number,

                              (b)    the provision of the Registered Plan incorporated contains a reference to a subsection, clause, subclause or paragraph of the same or another section (referred to in this subsection as the “other enactment”) in the Registered Plan, and

                               (c)    there is no direct and non‑incorporating provision in this Schedule that corresponds directly to and that has the same enactment number in this Schedule as that other enactment in the Registered Plan,

then, the reference to the other enactment in the Registered Plan is to be taken as referring to the provision of this Schedule that incorporates by reference that other enactment of the Registered Plan and as it so incorporates that other enactment.

(4)  To enhance the capacity for cross‑referencing, provisions in this Schedule that are identical or similar or that correspond to provisions in Schedule 1 are given identical or almost identical enactment numberings and letterings, even if this means breaking the normal sequential numbering and lettering system for regulations.

Establishment of the Plan

2   The Provincial Judges and Masters in Chambers (Unregistered) Pension Plan is established with effect from April 1, 1998.

Part 1
Administration

Administration of the Plan

3(1)  The Minister is the administrator of the Plan.

(4)  All the records of the Registered Plan that are available to the Minister as administrator of the Registered Plan are also available to the Minister in the capacity as administrator of this Plan.

Fiscal year

4   Section 4 of the Registered Plan applies with respect to this Plan.

Report to the Legislative Assembly

5(1)  Section 5 of the Registered Plan applies with respect to this Plan.

(3)  The report to the Legislative Assembly under this Plan may be combined with that under section 5 of the Registered Plan.

Part 2
Participation

The participants

6   The persons who are to and are allowed to participate in this Plan are all persons who are participants of the Registered Plan.

Part 3
Funding

RCA fund

7(1)  There is hereby established a plan fund for this Plan to be known as the “Provincial Judges and Masters in Chambers RCA Fund”.

(2)  Section 7(2) of the Registered Plan applies with respect to this Plan.

(3)  The Minister of Finance shall invest the assets of the plan fund in accordance with the Financial Administration Act.

Actuarial valuation report

8   Section 8 of the Registered Plan applies with respect to this Plan.

Payment of benefits and costs

9(1)  Benefits, and the costs of administering the Plan, are to be paid from the plan fund.

(3)  Notwithstanding anything in this Plan, if the Plan’s assets are insufficient to pay all the benefits, those benefits that are not covered by the Plan’s assets are to be paid by the Government.

Contributions and RCA taxes

10(1)  Section 10(1) of the Registered Plan applies with respect to this Plan.

(3)  Taxes that are payable under the rules contained in the Income Tax Act (Canada) or the regulations under that Act, or both, that pertain to retirement compensation arrangements within the meaning of that legislation are to be paid from the plan fund and taxes that are refundable under those rules are to be paid into the plan fund.

Participant contributions

11(1)  Subject to this section, a participant shall, at intervals coinciding with the salary periods fixed by order of the Minister, make contributions for current service at the rate of

                               (a)    9%, until March 31, 2000, and

                              (b)    7%, with effect from April 1, 2000,

of the amount of the participant’s salary that is in excess of the capped salary.

(2)  A participant who is about to enter into a period of leave without salary that does not exceed the 2‑year maximum specified in section 13(3) of the Registered Plan may apply to have that period taken into account as pensionable service and, if he or she wishes to have it so taken into account, shall make and, to the extent, if any, necessary, remit contributions, with respect to that leave,

                               (a)    pursuant to subsection (1) for the period or periods referred to in section 11(2)(a) of the Registered Plan, and

                              (b)    pursuant to subsection (1), except at double the rate set out in subsection (1), for any subsequent periods.

(3)  Notwithstanding anything in this section, participant current service contributions are not to be made after a participant reaches the maximum benefit accrual date.

(4)  Section 11(4) of the Registered Plan applies with respect to this Plan.

(5)  Section 11(5) of the Registered Plan applies with respect to this Plan.

Government contributions

12   The Minister shall, if necessary, within a reasonable time after receiving an actuarial valuation report under section 8 and taking the recommendations in it into account, in writing adjust the rate of the contributions to be paid by the Government until the next time this section is applied, but the rate of contributions so payable, in respect of each participant, must equal or exceed the rate payable by the participant.

Part 4
Pensionable Service

Computation of pensionable service

13   In computing the length of pensionable service that a person accumulated, the periods to be taken into account are the periods counting as pensionable service under section 13 of the Registered Plan except that, for the purposes of this Plan, the words in section 13(2) “or latest pension accrual date, whichever occurs first,” are to be treated as omitted.

Part 5
Benefits

Interpretation and application of Part 5

15(1)  In this Part,

                               (a)    “deferred pension” means a pension under section 41(b);

                              (b)    “highest average salary” means, subject to subsection (2), the average of a person’s annual salaries,

                                        (i)    if that person terminated before April 1, 2006,

                                              (A)    to the extent that the benefit is based on pensionable service before April 1,1998, in the 5 or, if less than 5, the total number of consecutive years, and

                                              (B)    to the extent that the benefit is based on pensionable service after March 31, 1998, in the 3 or, if less than 3, the total number of consecutive years,

                                           or

                                      (ii)    if that person terminated after March 31, 2006, in the 3 or, if less than 3, the total number of consecutive years,

                                       of the following service over which the average of the salaries was the highest, namely the person’s pensionable service and any further service that would be pensionable service but only for its occurring after the maximum benefit accrual date;

                               (c)    “normal pension” means a pension in the amount receivable under

                                        (i)    section 27(1)(a), in the case of pensionable service that occurred before April 1, 1998,

                                      (ii)    section 27(1)(b), in the case of pensionable service occurring after March 31, 1998 and before April 1, 2000, and

                                     (iii)    section 27(1)(c), in the case of pensionable service occurring after March 31, 2000,

                                       (taking no account of section 27(2.1),) and in the form specified in section 27(3)(a) or (b), depending on which of those clauses applies;

                              (d)    “participant contributions” has the meaning assigned to it in section 15(1)(d) of the Registered Plan.

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

Limitation of benefits

16   Notwithstanding anything in this Plan except sections 27(1)(a), 36 and 37, no benefit under this Plan is payable in respect of pensionable service before January 1, 1992.

Linking of benefit choices to those made under Registered Plan

16.1   Notwithstanding anything in this Part, so far as applicable, any choice, selection or election made or deemed to be made under the Registered Plan in respect of the type or form of a benefit with respect to specific pensionable service under that Plan or in respect of pension commencement, designation of beneficiary or the nominee under a joint life pension or any other matter is also to flow through to this Plan.

Reduction for Registered Plan benefits

17.1(1)  Notwithstanding any other provision of this Part except subsection (2), the amount of any benefit that a person is entitled, but for this section, to receive under a provision of this Plan under given circumstances shall be reduced by an amount equal to the amount that the person is entitled to receive under those circumstances and in respect of benefit accrual after December 31, 1991 under the corresponding provision of the Registered Plan, except that the amount so payable under this Plan may not be a negative amount.

(2)  Subsection (1) does not apply with respect to contributions made by a participant that have been returned, paid to a person or transferred out of the Plan.

Division 1
Retirement Benefits

Amount and form of pension

27(1)  A vested person who terminates after March 31, 1998 and has attained the age of 55 years is entitled to receive a pension in the annual amount that is equal to

                               (a)    2% of the highest average salary multiplied by the years of pensionable service that occurred after December 31, 1991 and before April 1, 1998 and, if applicable, 2% of the difference between the highest average salary and the highest average salary within the meaning of section 14(1)(b) of the Registered Plan multiplied by the years of pensionable service that occurred before 1992,

                              (b)    2.67% of the highest average salary multiplied by the years of pensionable service occurring after March 31, 1998 and before April 1, 2000, and

                               (c)    3% of the highest average salary multiplied by the years of pensionable service occurring after March 31, 2000.

(2.1)  Notwithstanding subsection (1), a pension, or a portion of a pension, that falls within subsection (1)(b) or (c) is to be reduced, if applicable, 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

                               (a)    the date when the person attains the age of 60 years, or

                              (b)    the date when his or her future age and the accumulated judicial service to pension commencement would amount to 80 years or, if sooner, the latest pension accrual date,

whichever of the dates specified in clauses (a) and (b) occurs last.

(3)  A pension under subsection (1) is payable

                               (a)    if the pensioner did not have a pension partner at pension commencement or if he or she did but a valid statutory declaration referred to in section 28(3) was filed with the Minister in respect of the pension under the Registered Plan, for the life of the pensioner, or

                              (b)    if the pensioner did have a pension partner at pension commencement and such a declaration was not filed with the Minister in respect of the pension under the Registered Plan, in the form of a single life pension, payable only for the life of the pensioner with the provision that, if the pensioner dies survived by that person, the pension is payable to that person for life in an amount equal to 3/4 of the pension that would have been payable to the pensioner had the latter continued to live.

Spousal protection

28(1)  Section 28(1) of the Registered Plan applies with respect to this Plan.

(2)  Section 28(2) of the Registered Plan applies with respect to this Plan.

(3)  Subsections (1) and (2) do not apply where there was filed with the Minister under section 28(3) of the Registered Plan a statutory declaration or matrimonial property order.

(4)  A declaration referred to in subsection (3) is valid only if it is valid for the purposes of the Registered Plan.

(5)  Section 28(5) of the Registered Plan applies with respect to this Plan.

Alternative forms of pension

29(1)  A selection under section 29(1) of the Registered Plan also applies with respect to this Plan.

(2)  Section 29(2) of the Registered Plan applies with respect to this Plan.

Disability pensions

31   Section 31 of the Registered Plan applies with respect to this Plan.

Disability pension adjustments

32   Section 32 of the Registered Plan applies with respect to this Plan.

Postponement of pension

33   A person other than a part‑time judge or half‑time master who has not reached the latest pension accrual date and who is entitled to receive a pension under section 27 or 41(b) may postpone commencement of the pension to any date up to that date.

Failure to select pension

34   A person, other than a surviving pension partner within the meaning of section 35, as it incorporates section 35(2) of the Registered Plan, who fails to make a choice of pensions as required by section 34 of the Registered Plan is deemed for the purposes of the Plan to have chosen a pension in the form of a normal pension.

Division 2
Death Benefits

Application of Division

35   Section 35 of the Registered Plan applies with respect to this Plan.

Pension partner’s pension for pre-1992 service

36(1)  Where there is a surviving pension partner, that pension partner is entitled to choose to receive

                               (a)    a pension for life in an amount equal to 3/4 of that part of the normal pension, if any, that is based on pensionable service before 1992, or

                              (b)    a pension provided for in subsection (2),

with the pension specified in clause (a) applying automatically if no such choice is made.

(2)  Section 36(2) of the Registered Plan applies with respect to this Plan, with the reference to section 38(2) being taken as a reference to section 38(2), as it incorporates section 38(2) of the Registered Plan.

(3)  Section 36(3) and (4) of the Registered Plan apply with respect to this Plan with the references in them to provisions in section 38 being taken as references to section 38, as it incorporates the corresponding provisions in section 38 of the Registered Plan.

(5)  Where this section applies, nothing in section 28 does.

(6)  Section 36(6) of the Registered Plan applies with respect to this Plan.

Benefits to other beneficiaries for pre-1992 service

37   Where there is no surviving pension partner,

                               (a)    the deceased is deemed to have chosen a pension in the form specified in section 29(1)(a) of the Registered Plan based on a normal pension, if any, with respect to pensionable service that occurred before 1992, on a 10‑year term basis if he or she had not made a valid choice as to the form of pension to be taken, and

                              (b)    if such a choice had been made, the pension is payable in accordance with that choice.

Pension partners benefit on death before
pension commencement

38(1)  Where there is a surviving pension partner, that pension partner is entitled,

                               (a)    if the deceased was vested, to choose to receive

                                        (i)    a pension for life in an amount equal to 3/4 of that part of the normal pension that is based on pensionable service after 1991, or

                                      (ii)    a pension provided for in subsection (2),

                                       with the pension specified in subclause (i) applying automatically if no such choice is made or made in time, or

                              (b)    if the deceased was not vested, to receive an amount equal to the participant contributions.

(2)  Section 38(2) to (6) of the Registered Plan apply with respect to this Plan, with the reference to section 29(1)(a) being taken as a reference to section 29, as it incorporates section 29(1)(a) of the Registered Plan.

Benefits to other beneficiaries

39   Section 39 of the Registered Plan applies with respect to this Plan.

Division 3
Benefits on Termination
Before Pension Eligibility

Vested participants under 55

41   Where a vested participant terminates and has not yet attained the age of 55 years, he or she is entitled

                               (a)    to receive an amount equal to the participant contributions, or

                              (b)    to receive, on attaining the age of 55 years, a pension in the form and in the amount of a normal pension reduced, however, as specified in section 27(2.1).

Non‑vested participants

42   Where a non‑vested participant terminates, he or she is entitled to receive an amount equal to the participant contributions.

Division 4
Miscellaneous Provisions on Benefits

Cost-of-living increases

43   Section 43 of the Registered Plan applies with respect to this Plan.

Interest allowance

44   Section 44 of the Registered Plan applies with respect to this Plan.

Pension commencement

45   The effective date of the commencement of a pension payable under this Plan is the day set for pension commencement of the pension under section 45 of the Registered Plan that corresponds to the pension under this Plan.

Commencement of guaranteed term of years

46   Section 46 of the Registered Plan applies with respect to this Plan.

Suspension of pension on employment

47   Section 47 of the Registered Plan applies with respect to this Plan.

Suspension of pension on reappointment

48   Section 48 of the Registered Plan applies with respect to this Plan.

Beneficiaries

49(1)  Section 49 of the Registered Plan applies with respect to this Plan.

(7)  A designation of beneficiary made under section 71 of the Wills and Succession Act for the purposes of the Registered Plan operates as well for the purposes of this Plan.

Method of payment of pensions

50   Section 50 of the Registered Plan applies with respect to this Plan except that the words in section 50(5) “or section 21(1), as it incorporates those enactments” are to be treated as omitted.

Idem – conversion following death

51   Section 51 of the Registered Plan applies with respect to this Plan.

Part 6
Miscellaneous

Interest chargeable

53   Section 53 of the Registered Plan applies with respect to this Plan.

Advance against pension

54   Section 54 of the Registered Plan applies with respect to this Plan.

Actuarial formulas

55   The actuarial formulas to be used for the purposes of this Plan and for any particular provision of this Plan are to be those in use under the Registered Plan and the corresponding provision of the Registered Plan, respectively.

Exercise of benefit choice

56   A choice exercised in relation to a benefit under the Registered Plan operates automatically, and with the same effect, in relation to the corresponding benefit under this Plan.

Prohibition against assignment, etc.

57(1)  Section 57(1) of the Registered Plan applies with respect to this Plan.

(2)  For the purposes of subsection (1), assignment does not include

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

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

Matrimonial property orders

58   The filing with the Minister of a matrimonial property order under the Registered Plan operates with the same effect in relation to this Plan.

Liability of benefits to legal process

59   Section 59 of the Registered Plan applies with respect to this Plan.

Liability of Government and prohibition
against extra-legislative benefits or remedies

60   Section 60 of the Registered Plan applies with respect to this Plan.

Overpayments and deficiencies

62   Section 62 of the Registered Plan applies with respect to this Plan.

Return of money

63   Section 63(1) of the Registered Plan applies with respect to this Plan.

Retentions for debt

64   Section 64 of the Registered Plan applies with respect to this Plan.

Requirement of evidence

65   Anything provided under or for the purposes of section 65 of the Registered Plan is available to the Minister for the purposes of this Plan as well.

Appeals

66(1)  Section 66 of the Registered Plan applies with respect to this Plan.

(11)  Where an appeal under section 66 of the Registered Plan also affects the same subject‑matter under this Plan, the appeals shall be heard by the board appointed under the Registered Plan together and in the same proceeding.

Termination of the Plan, and surplus on wind-up

67   Section 67 of the Registered Plan applies with respect to this Plan.

68   Repealed AR 118/2005 s12.

71   Repealed AR 196/2001 s6.

71.1, 71.2   Repealed AR 118/2005 s12.

Recalculation of past benefits

72(1)  Where a person terminated or died during the period between January 1, 1992 and March 31, 1998 and that person or another person deriving benefits through  him or her was in receipt of a pension or received a benefit based on the value or remaining value of a pension, the amount of that pension or other benefit is to be recalculated by the Minister on such basis as the Minister decides, with effect from the original pension commencement date, with the result that the aggregate pension that would have been payable from that date, including all pension payments made before the commencement of this subsection, is based on the following changes:

                               (a)    the salary basis for the pension is to be the full salary;

                              (b)    the early termination pension, if applicable, is to be on an unreduced basis receivable on attainment of the age of 55 years;

                               (c)    the fraction “2/3” in sections 19.3(3) and 23.2(1) of the former Regulation is to be treated as reading “3/4”.

(2)  The aggregate balance of the payments to be made as a result of the recalculations under subsection (1) up to the date when the increases are reflected, if applicable, in regular pension payments on a current basis are to be paid as a lump sum or lump sums to the person or persons (including legal representatives) who, given the circumstances that have occurred, would have been entitled under the former Regulation.

(3)  Pensions affected by this section are to continue to be paid in the form selected at pension commencement and are subject to the same entitlements and obligations that applied under the former Regulation.

(4)  Where a benefit affected by this section is subject to a matrimonial property order, the Minister shall make every reasonable endeavour to inform the non‑member pension partner or former pension partner about the possible effect of this section on the benefit.

Forms

73   The form in use for the purposes of a particular provision of the Registered Plan also operates for the purposes of the corresponding provision of this Plan.

AR 196/2001 Sched. 2;24/2002;78/2002;97/2002;118/2005;
267/2006;68/2008;13/2009;43/2009;21/2012;31/2012;222/2017