Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Members' Remuneration and Pensions Act

[RSBC 1996] CHAPTER 257

Contents
1Definitions
Part 1 — Compensation and Salaries
2Basic compensation for members
3Repealed
4Annual salaries for certain positions
4.1Option for members
5Repealed
6Death of member
7Expenses of member acting for Legislative Assembly
8Expenses for members of committees
9Commencement and termination dates
10Deduction for absence or suspension
11Resolution granting full or partial basic compensation
12Member's declaration
13Repealed
Part 2 — Pension for Service Before June 19, 1996
14Application of Part
15Eligibility for allowance
16Pension account
17Transfer to the Public Service Pension Fund
18Repealed
19Contribution for previous regular session
20Calculation of allowance
21Calculation of allowance
22Refund on death
23Refund on ceasing to be a member
24Suspension of allowance on re-election
25Public sector remuneration after retirement
26Repealed
27Plan administration
28Superannuation allowance not assignable
29Deduction of debt owing to the government
30If recipient is unfit to manage own affairs
31Government to pay any deficiency
32Power to make regulations
33Contributions not permitted after June 19, 1996
33.1Service recognition
34Repealed
Part 3 — 2007 Pension Plan
35Interpretation
36Application of the Part 3 pension plan
37Administration of the Part 3 pension plan
38Contributions by plan participants and government
39Purchase of service before April 1, 2007
40Information
41Payment of fees, expenses, and disbursements
42Application of Pension Benefits Standards Act
Part 4 — General
43Appropriation
44 Offence Act
Schedule

Definitions

1  (1) Subject to subsection (2), in this Act:

"account" means the "Members of the Legislative Assembly Superannuation Account";

"basic compensation" means the amount of basic compensation payable to a member for a year, as determined under and in accordance with section 2;

"chief executive officer" means the chief executive officer of the British Columbia Pension Corporation established under the Public Sector Pension Plans Act;

"consumer price index" means the Consumer Price Index for British Columbia, as published by Statistics Canada under the authority of the Statistics Act (Canada);

"contributor" means a member who has made contributions to the account under Part 2;

"highest average income" in relation to service as

(a) Premier, minister with portfolio, minister without portfolio, Deputy Chair of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader or parliamentary secretary means the average of the annual salary payable under Part 1 or the Constitution Act to, as the case may be, the Premier, a minister with portfolio, a minister without portfolio, Deputy Chair of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader or parliamentary secretary during the 4 years immediately preceding the date on which he or she ceased to be a member, and

(b) the Leader of the Official Opposition, leader of a recognized political party, Speaker or Deputy Speaker, means the average of the annual salary under Part 1, and the special allowance paid under the Constitution Act, for that position during the 4 years immediately before the date on which he or she ceased to be a member;

"highest average legislative allowance" means the average of the legislative allowances received by the member

(a) during the member's years of service as a member if the member has served not more than 4 years, or

(b) during the 4 years of service in which the legislative allowance received by the member amounted to the largest sum, if the member has served for more than 4 years,

and, if the length of time as a member includes a period before January 1, 1974, the amount of each sessional indemnity for which contributions have been made are deemed to be a legislative allowance;

"leader of a recognized political party" has the same meaning as in the Constitution Act;

"legislative allowance"

(a) for a person who on July 31, 1979 is in receipt of a superannuation allowance, means the allowance, but not the expense allowance, paid to the person after December 31, 1973 under section 64 (1) of the Constitution Act, R.S.B.C. 1979, c. 62, as it stood before July 31, 1979,

(b) for a person who begins to receive a superannuation allowance after July 31, 1979, means

(i)   the annual indemnity, expense allowance and Capital City allowance paid to the person under section 2, and

(ii)   the allowance paid to the person under section 64 (1) of the Constitution Act, R.S.B.C. 1979, c. 62, as it stood after December 31, 1973 and before July 31, 1979 but does not include the expense allowance paid under that section unless the person makes contributions on it at the same rate as contributions were payable on the allowance together with interest, and

(c) for a person who serves in the Thirty-sixth Parliament or a subsequent Parliament and begins to receive a superannuation allowance after June 19, 1996, means the basic compensation payable to the person under section 3 (1) (d.1) of the Legislative Assembly Management Committee Act, before its amendment by the Legislative Assembly (Members' Remuneration and Pensions) Statutes Amendment Act, 2007, and an amount equal to 60 times the daily rate of the Capital City Allowance calculated as if the person's constituency were located outside the Capital Regional District;

"Legislative Assembly Management Committee" means the Legislative Assembly Management Committee established by the Legislative Assembly Management Committee Act;

"member" means a member of the Legislative Assembly;

"minister" means a member who is appointed to the Executive Council of British Columbia;

"parliamentary secretary" means a member appointed under the Constitution Act as a parliamentary secretary;

"Public Service Pension Fund" means the Public Service Pension Fund continued under the Public Sector Pension Plans Act;

"Public Service Pension Plan" means the Public Service Pension Plan continued under the Public Sector Pension Plans Act;

"recognized political party" has the same meaning as in the Constitution Act;

"regular session" means a session of the Legislative Assembly held before January 1, 1974 at which the full amounts authorized under section 66 (1) to (4) of the Constitution Act, R.S.B.C. 1979, c. 62, as it stood before January 1, 1974, were paid;

"salaried position" means a position referred to in column 1 of the Table following section 4;

"service" means service as a member;

"spouse" has the same meaning as in section 1 (1) and (2) of the Pension Benefits Standards Act;

"surviving spouse" means a person who was the spouse of a member immediately before the member's death;

"years of service" of a member means the actual length of service as a member, expressed as a whole number and a fraction representing portions of a year, and, if the length of time as a member includes a period before January 1, 1974, each regular session is deemed to be one year;

"years of service" of a minister, Leader of the Official Opposition, leader of a recognized political party, Deputy Chair of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader, parliamentary secretary, Speaker or Deputy Speaker means the total actual length of service in one or more of those positions.

(2) The following definitions set out in subsection (1) do not apply in Parts 1 and 3 and the Schedule:

(a) "service";

(b) both definitions of "years of service".

Part 1 — Compensation and Salaries

Basic compensation for members

2  (1) Subject to this section and section 10, effective April 1, 2007, the basic compensation for each member is $98 000 per year.

(2) The basic compensation referred to in subsection (1) must be adjusted every year on April 1, commencing April 1, 2008, by the percentage increase of the consumer price index, if any, for the 12-month period ending on December 31 of the previous year.

(2.1) Despite subsection (2), no adjustment is to be made under that subsection with respect to the fiscal years commencing on April 1, 2010, April 1, 2011, April 1, 2012 and April 1, 2013.

(3) If a person is a member for only a portion of a year, the basic compensation payable to that person for the year equals the dollar amount set by this section multiplied by the number of days of service as a member in that year and divided by 365.

(4) The amount of basic compensation payable to a member for the year ending March 31, 2008 and for each fiscal year subsequent must be posted on a publicly accessible website maintained by or on behalf of the Legislative Assembly.

(5) Despite subsection (1) but subject to section 10, if a member to whom section 4.1 applies gives the notice to the Speaker as described in that section, the member's basic compensation is the amount payable as basic compensation pursuant to section 3 (1) (d.1) of the Legislative Assembly Management Committee Act, as it read immediately before April 1, 2007, and, for certainty,

(a) subsection (2) of this section does not apply in respect of that member's basic compensation, and

(b) subsections (3) and (4) of this section apply in respect of that member's basic compensation.

Repealed

3  [Repealed 1997-29-26.]

Annual salaries for certain positions

4  (1) Subject to this section, effective April 1, 2007, each person who holds a salaried position is entitled to and must be paid an annual salary the amount of which is to be determined for the year as the amount of basic compensation for that year multiplied by the value set out opposite that position in column 2 of the Table following this section.

(2) If the person holding the salaried position is a member, the salary payable to the person under this section is in addition to the basic compensation payable to the person as a member.

(3) If the person holds more than one salaried position at the same time, the person is only entitled to be paid for the position with the highest annual salary.

(4) If the person holds the salaried position for only a portion of a year, the salary payable to that person for the year equals the dollar amount set by this section multiplied by the number of days of service in that position in that year and divided by 365.

(5) The amount of annual salary payable in respect of a salaried position for the year ending March 31, 2008 and for each fiscal year subsequent must be posted on a publicly accessible website maintained by or on behalf of the Legislative Assembly.

(6) Despite subsection (1), if a member to whom section 4.1 applies gives the notice to the Speaker as described in that section and the member holds a salaried position, the member is not entitled to the salary for that position determined under subsection (1) of this section but must continue to be paid the salary payable for that position, if any, as determined pursuant to this section and section 3 (1.1) of the Legislative Assembly Management Committee Act, as they read immediately before April 1, 2007, and, for certainty, subsections (3) to (5) of this section apply in respect of that member's salary.

Table
Item Column 1

Position
Column 2

Value
1 Premier 0.90
2 A member of the Executive Council with portfolio 0.50
3 A member of the Executive Council without portfolio 0.35
4 A parliamentary secretary 0.15
5 The Speaker 0.50
6 The Deputy Speaker 0.35
7 The Assistant Deputy Speaker 0.35
8 The Deputy Chair, Committee of the Whole 0.20
9 The Leader of the Official Opposition 0.50
10 The Leader of a recognized political party other than the government or the Official Opposition 0.25
11 The Government Whip 0.20
12 The Deputy Government Whip 0.15
13 The Official Opposition House Leader 0.20
14 The House Leader of a recognized political party other than the government or the Official Opposition 0.10
15 The Official Opposition Whip 0.20
16 The Official Opposition Deputy Whip 0.15
17 The Party Whip of a recognized political party other than the government or the Official Opposition 0.10
18 The Caucus Chair of the Government 0.20
19 The Caucus Chair of the Official Opposition 0.20
20 The Caucus Chair of a recognized political party other than the government or the Official Opposition 0.10
21 The Chair of a select standing, select or special committee 0.15
22 The Deputy Chair of a select standing, select or special committee 0.10

Option for members

4.1  (1) This section applies to every person who is a member on the day that the Legislative Assembly (Members' Remuneration and Pensions) Statutes Amendment Act, 2007 receives First Reading in the Legislative Assembly.

(2) On or before the 7th day that follows the date on which the Legislative Assembly (Members' Remuneration and Pensions) Statutes Amendment Act, 2007 receives Royal Assent, the member may notify the Speaker in writing that the member chooses both

(a) to continue to have his or her basic compensation and annual salary, if any, determined in accordance with the applicable provisions of this Act and the Legislative Assembly Management Committee Act as they read immediately before April 1, 2007, and

(b) to not participate in the pension plan established by Part 3.

(3) The notice must be given in the manner authorized or approved by the Speaker.

(4) A notice given in accordance with subsections (2) and (3) is permanent and irrevocable.

(5) A list of the names of the members who have given the notice described in this section must be posted on a publicly accessible website maintained by or on behalf of the Legislative Assembly.

(6) The terms of the voluntary group registered retirement savings plan established by the Legislative Assembly Management Committee under section 3 (1) (d.3) of the Legislative Assembly Management Committee Act, as it read immediately before April 1, 2007, continue to apply in respect of any member who gives the notice described in this section, including, without limitation, any terms requiring government contributions to be made under that plan in respect of the member's service.

Repealed

5  [Repealed 1997-29-26.]

Death of member

6  If a member of the Legislative Assembly dies while in office, the basic compensation and salary to which the member would have been entitled under this Act or the Legislative Assembly Management Committee Act had the member lived until the end of the sixth month after the month in which the member died, must be paid to the estate of the member.

Expenses of member acting for Legislative Assembly

7  A member of the Legislative Assembly who

(a) becomes a member of a board, council, commission body or other entity created or established by an Act, by the Executive Council or by the Legislative Assembly,

(b) has been designated by the Speaker on behalf of the Legislative Assembly or by the minister on behalf of the Executive Council, to attend or act in an official capacity at a meeting, conference, task force, committee, visitation, function or work on any project, or

(c) is appointed as a parliamentary secretary,

must be paid reasonable out of pocket, travelling and other expenses incurred by the member in the discharge of those duties.

Expenses for members of committees

8  (1) A member of a select standing, select or special committee of the Legislative Assembly authorized under section 53 (1) of the Constitution Act must be paid reasonable out of pocket, travelling and other expenses incurred by the member in the discharge of duties.

(2) The chair and deputy chair of the select standing, select or special committee may be paid under subsection (1) as a member of the committee.

Commencement and termination dates

9  (1) For the purposes of sections 2 to 6 the following rules apply:

(a) a person is a member of the Legislative Assembly from the date of his or her election, until his or her seat is vacated or until the date of the next following general election, whichever first occurs;

(b) subject to paragraph (d), the Speaker must be considered to have occupied that position from the date of his or her election as Speaker until a new Speaker is elected in his or her place.

(c) subject to paragraph (d), the Leader of the Official Opposition, a recognized political party, the Deputy Speaker and the Assistant Deputy Speaker must be considered to have occupied that position on and from the date of his or her election, until his or her seat is vacated or until he or she ceases to hold that position or until the Legislative Assembly is dissolved, whichever first occurs;

(d) an individual becomes Leader of the Opposition, leader of a recognized political party, Speaker, Deputy Speaker or Assistant Deputy Speaker following the death, resignation, vacation of seat, loss of office or removal for any other reason of an individual previously holding that position in the Legislative Assembly, on and after the date on which his or her predecessor ceased to occupy the position.

(2) References in this section to the date of an election are references to general voting day under the Election Act for that election.

Deduction for absence or suspension

10  (1) A deduction at the rate determined by the Legislative Assembly Management Committee must be made from the basic compensation payable to a member for every day beyond 10 in any one session on which the member is absent from a sitting of the Legislative Assembly, or of a committee, if the Legislative Assembly sits on that day.

(2) For the purposes of this Act, a day must be considered a day of attendance at the session if on that day the member was

(a) unable to attend by reason of sickness or another reason approved by the Speaker,

(b) a member of the Executive Council absent on official government business, or

(c) absent in an official capacity under section 7.

(3) If a member is named and suspended from the service of the Legislative Assembly, a deduction at the rate determined under subsection (1) must be made from the basic compensation payable to the member for every day that the member remains suspended after the day the suspension is ordered.

(4) A day in respect of which a member is penalized under subsection (3) is not a day of absence for the purpose of subsection (1).

Resolution granting full or partial basic compensation

11  Despite this Act, the Legislative Assembly, if it considers it just and reasonable, may, by resolution, direct that partial or full basic compensation and salary be paid to a member, or in the event of the death of a member, to the member's estate, without deduction under section 10 because of the nonattendance of the member.

Member's declaration

12  (1) Between the 1st and 15th days of January and of July in each year, a member must file with the Clerk of the Legislative Assembly a declaration of his or her attendance, in the following form, signed before the Clerk, or a commissioner for taking affidavits for British Columbia, and the Clerk must retain the declaration.

I, A.B., a member of the Legislative Assembly, declare that with respect to the session of the Legislative Assembly of British Columbia that began on [month, day, year].

That on that day, and on each day of the session after that day on which there was a sitting of the Legislative Assembly, I attended the sitting or a sitting of some committee of the Legislative Assembly, except only on the following days ..........., on ........... of which I was unable to attend by reason of sickness or another reason approved by the Speaker, or I was, as a member of the Executive Council, absent on official government business, or I was absent under section 7.

[If the individual making the declaration became or ceased to be a member after the commencement of the session, the form must be varied to properly reflect the attendance of the member.]

(2) If a member

(a) fails to file the declaration required by subsection (1), or

(b) files a declaration disclosing that a deduction is required under section 10,

the Clerk must report the matter to the Minister of Finance, who must

(c) in case of failure to file the declaration, withhold payment to the member of any basic compensation or salary until the declaration is filed, or

(d) in a case where deduction is necessary, withhold or adjust payments to or claim a refund from the member of any basic compensation or salary.

Repealed

13  [Repealed 2007-23-11.]

Part 2 — Pension for Service Before June 19, 1996

Application of Part

14  This Part applies to the government and a member who made contributions, or elects to make contributions, under this Part in respect of his or her service before June 19, 1996.

Eligibility for allowance

15  (1) A member to whom this Part applies who ceases to be a member after serving for 7 years or for more than 2 Parliaments becomes entitled, subject to this Part, to a superannuation allowance when

(a) the member is 55 years old, or

(b) the member's age added to the member's years of service as a member, both expressed in years and months, totals 60 or more years.

(2) For this Part, a person

(a) does not cease to be a member merely because of the dissolution of the Legislative Assembly, and

(b) who is a member of the Legislative Assembly, immediately before a dissolution of it, ceases to be a member if he or she is not elected as a member at the general election next following the dissolution and is deemed to have ceased to be a member on the day on which that general election was held.

(3) If a person ceased to be a member before January 1, 1974 and is otherwise qualified under this section, the superannuation allowance must be calculated in accordance with this Part as it stood on December 31, 1973.

(4) If a person ceased to be a member after December 31, 1973 and before July 1, 1976 and otherwise qualifies under this section, the superannuation allowance calculated in accordance with this Part must be paid with effect from the date the person ceased to be a member.

Pension account

16  (1) The account in the Ministry of Finance known as the Members of the Legislative Assembly Superannuation Account is continued.

(2) The Minister of Finance must pay into the account the contributions made by the government under this Part.

(3) A separate contributory account must be kept for each contributor showing the amount at his or her credit in the account.

(4) A separate account must also be kept for contributions made by the government.

(5) Interest must be credited by the Minister of Finance to each of the accounts on the last days of March and September in each year, computed on the amount at the credit of the account on the last preceding first days of October and April respectively.

(6) An interim credit of the accrued interest must be made at the time the contributor's account is closed.

(7) The rate of interest must be that currently being paid under the Public Service Pension Plan.

Transfer to the Public Service Pension Fund

17  (1) On a member or the member's surviving spouse becoming eligible to receive an allowance under this Part, the present value of the allowance calculated in accordance with the pension plan rules governing allowances granted under the Public Service Pension Plan must be transferred, as a debit to the account continued under section 16, to the account maintained under the Public Service Pension Fund for the payment of contributory pensions.

(2) The Public Service Pension Fund must pay the allowance monthly in arrears to the member or his or her surviving spouse entitled to it.

Repealed

18  [Repealed 1999-44-74.]

Contribution for previous regular session

19  (1) A member may contribute for any previous regular session before January 1, 1974, and for any year after December 31, 1973 and before June 19, 1996 during which he or she was a member and has not already contributed.

(2) The amount to be contributed is the amount that would have been at the member's credit, including interest, had this Part applied to the member during the period for which the contributions are made.

(3) The amount to be contributed under subsection (2) must be paid within an equivalent period.

(4) The amount to be contributed must be calculated for service as a member

(a) before January 1, 1974, under this Part as it stood on December 31, 1973, and

(b) after December 31, 1973 and before June 19, 1996, under this Part as it read, with the necessary changes, on June 18, 1996.

Calculation of allowance

20  (1) This section applies to a person who ceased to be a member after December 31, 1973 and before January 1, 1985.

(2) The annual superannuation allowance payable to a member who qualifies under section 15 (1) is the amount equal to 4% of his or her highest average legislative allowance multiplied by the number of years of service as a member, not exceeding 18 years, for which contributions have been made.

(3) In respect of service as a minister, the annual superannuation allowance calculated under subsection (2) must be increased by an annual superannuation allowance in the amount of 4% of the highest average income as a minister multiplied by the number of years of service as a minister, not exceeding 18 years, for which contributions have been made.

(4) In respect of service as Leader of the Official Opposition, leader of a recognized political party, Speaker or Deputy Speaker, the annual superannuation allowance calculated under subsection (2) must be increased by an annual superannuation allowance in the amount of 4% of the highest average income in each position he or she occupied multiplied by the total number of years of service in those respective positions, not exceeding 18 years, for which contributions have been made.

(5) The superannuation allowance calculated under this section is payable to the member during his or her lifetime, but the member may elect to have the superannuation allowance granted on any of the plans or combination of plans provided for under the Public Service Pension Plan and, if the member elects, the amount of the superannuation allowance determined under this section must be adjusted, on the basis of the pension plan rules under the Public Service Pension Plan, to the plans or combination of plans selected by the member and must be payable as provided under the Public Service Pension Plan.

Calculation of allowance

21  (1) This section applies to a person who ceased to be a member after December 31, 1984.

(2) The annual superannuation allowance payable to a member who qualifies under section 15 (1) is the amount equal to 5% of his or her highest average legislative allowance multiplied by the number of years of service as a member, not exceeding 16 years, for which contributions have been made.

(3) In respect of service as a minister, the annual superannuation allowance calculated under subsection (2) must be increased by an annual superannuation allowance in the amount of 5% of the highest average income as a minister multiplied by the number of years of service as a minister, not exceeding 16 years, for which contributions have been made.

(4) In respect of service as Leader of the Official Opposition, leader of a recognized political party, Deputy Chair of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader, parliamentary secretary, Speaker or Deputy Speaker, the annual superannuation allowance calculated under subsection (2) must be increased by an annual superannuation allowance in the amount of 5% of the highest average income in each position he or she occupied multiplied by the total number of years of service in those respective positions, not exceeding 16 years, for which contributions have been made.

(5) The superannuation allowance calculated under this section is payable to the member during his or her lifetime, but the member may elect to have the superannuation allowance granted on any of the plans or combination of plans provided for under the Public Service Pension Plan and, if the member elects, the amount of the superannuation allowance determined under this section must be adjusted, on the basis of the pension plan rules under the Public Service Pension Plan, to the plans or combination of plans selected by the member and must be payable as provided under the Public Service Pension Plan.

Refund on death

22  (1) If a member to whom this Part applies dies without having served for 7 years or for more than 2 Parliaments, the total of his or her contributions, including interest, must be paid to the surviving spouse or, if there is no surviving spouse, to his or her personal representatives.

(2) If a member to whom this Part applies dies having served for 7 years or for more than 2 Parliaments but before he or she has been granted a superannuation allowance, and if he or she has not received a refund of his or her contributions, a refund of the total of those contributions up to the date of his or her death, including interest, may be paid to the surviving spouse or, if there is no surviving spouse, to his or her personal representative, or instead of a refund, at the option of the surviving spouse, the surviving spouse may be granted a superannuation allowance equal to the superannuation allowance that would have been granted to the member on reaching the age of 55 years had he or she, on ceasing to be a member, converted to the joint life and last survivor plan provided for under the Public Service Pension Plan.

(3) The superannuation allowance to the surviving spouse must be paid during the lifetime of the surviving spouse and if payment of the superannuation allowance ceases on the death of the surviving spouse, there must be paid to the personal representative of the surviving spouse the amount, if any, by which the amount to the credit of the member at the date on which the superannuation allowance was granted exceeds the total of all payments made to the surviving spouse under this section.

(4) A superannuation allowance must not be granted under this section to the surviving spouse if the member, after the date the member has a spouse, nominated a person other than the spouse to receive as a refund the amount to the credit of the member, so long as the nomination was in writing, signed by the member and filed with the chief executive officer.

Refund on ceasing to be a member

23  (1) If a member to whom this Part applies ceases to be a member without having served for 7 years or for more than 2 Parliaments, on application he or she may receive as a refund the total amount of his or her contributions, including interest.

(2) If a member to whom this Part applies ceases to be a member having served for 7 years or for more than 2 Parliaments, he or she may at option, on application,

(a) after reaching the age of 55 years, be granted a superannuation allowance in accordance with section 20 or 21, as the case may be, or

(b) irrespective of age, receive as a refund the total of his or her contributions, including interest accrued, but in this event he or she is not entitled to any other benefits under this Part unless his or her account is reinstated under subsection (3).

(3) A member who has received a refund under subsection (1) or (2) (b) may, within 3 years after again becoming a member to whom this Part applies, reinstate his or her account by repaying in full the amount previously withdrawn, together with interest that would have accumulated if he or she had not received a refund, and then the member is again entitled to all benefits under this Part as if he or she had not received a refund, and not otherwise.

Suspension of allowance on re-election

24  (1) If a person in receipt of a superannuation allowance under this Part again becomes a member, payment of the superannuation allowance must cease from the date of the election in which he or she is elected as a member, and then he or she must contribute, and is entitled to all benefits, under this Part as if he or she had not received a superannuation allowance.

(2) If payment of a superannuation allowance ceased under subsection (1), the present value of that superannuation allowance calculated in accordance with the pension plan rules under the Public Service Pension Plan must be transferred from the account maintained in the Public Service Pension Fund for the payment of contributory pensions to the Members of the Legislative Assembly Superannuation Account continued under section 16.

(3) The proportion of the present value of the superannuation allowance to be credited to the contributory account of the member under subsection (2) must be in the same proportion as was transferred under section 17 on the date on which the superannuation allowance was first granted.

Public sector remuneration after retirement

25  (1) In this section, "monthly salary" means

(a) the legislative allowance, divided by 12, payable to members at the time this section applies to a former member, and

(b) in the case of a former member who at some time held a position referred to in the definition of "highest average income" in section 1,

(i)   the amount determined under paragraph (a), and

(ii)   the annual salary, divided by 12, payable under Part 1 or the Constitution Act to a member who holds the position at the time this section applies.

(2) For the purposes of subsection (1) (b) (ii), if a member has held more than one position referred to in the definition of "highest average income" in section 1, the position with the highest salary must be used.

(3) If a person who has not reached the age of 65 years

(a) is receiving a superannuation allowance under this Act,

(b) receives remuneration

(i)   as an employee of, or as an independent contractor for personal services rendered to,

(A)  the government or other employer to whom the Public Service Pension Plan applies,

(B)  a government corporation, as defined in the Financial Administration Act, or a board, commission or authority that is an agent of the government, or

(C)  a reciprocal employer as defined in section 16 (2) of the Pension (Public Service) Act, R.S.B.C. 1979, c. 318, other than a reciprocal employer located outside British Columbia, or

(ii)   as an employee of, or as an independent contractor for personal services rendered to, a person who, in turn, received remuneration for personal services rendered to a person referred to in subparagraph (i) (A), (B) or (C), and

(c) receives, in any month, an amount from sources referred to in paragraph (b) that, when combined with the portion of his or her superannuation allowance that is attributable to the government's contributions, exceeds the monthly salary earned by that person during his or her last complete month of service,

the portion of the superannuation allowance that is attributable to the government's contributions must be reduced by the amount of the excess, and the chief executive officer must place that amount in a separate trust account and deal with it in accordance with subsections (4) and (5).

(4) At the end of each calendar year, the chief executive officer must determine the aggregate amount received by a person under subsection (3) (b) during the year, divide that amount by 12, and the resulting quotient is deemed to be the amount received under subsection (3) (c) in each month, and the chief executive officer must refund to the person any amount that, as a result of the recalculation, is no longer required to be deducted from the superannuation allowance.

(5) At the end of the employment, the chief executive officer must take the total amount held in trust, together with interest on it at a rate established by the chief executive officer and on the election, in writing, of the person must do one of the following:

(a) use the amount to purchase one or both of the following:

(i)   additional pension on the same option as the person originally chose;

(ii)   an extension of the guarantee period, if a single life annuity with a guarantee period was the option the person originally chose;

(b) transfer the amount to a registered retirement savings plan established by the person.

(6) If the person dies before an election is made under subsection (5), the chief executive officer must promptly pay the amount in the trust account to the person's estate.

(7) This section does not apply to a person who is receiving a superannuation allowance as a beneficiary.

Repealed

26  [Repealed 1999-44-80.]

Plan administration

27  The chief executive officer is responsible to the minister for the administration of this Part.

Superannuation allowance not assignable

28  (1) A superannuation allowance may not be assigned, charged or attached by process in any court.

(2) Except as expressly provided in this Part, nothing in this Part may be construed to confer on any person any right to demand or enforce the repayment of any amount contributed by the person or on his or her behalf to the fund, or the payment of any interest.

(3) The equity of any contributor in the fund does not confer on the contributor any right to borrow money from the fund.

Deduction of debt owing to the government

29  The Minister of Finance may deduct from the amount standing to the credit of a former member sums necessary to make good a debt that may be due by the former member to the government.

If recipient is unfit to manage own affairs

30  If a person in receipt of a superannuation allowance is, in the opinion of the chief executive officer, unfit to manage his or her own affairs, the amount payable to that person may be dealt with for his or her benefit or for the benefit of that person's spouse or children in a manner the chief executive officer determines.

Government to pay any deficiency

31  (1) [Repealed 2007-23-13.]

(2) In case a deficiency arises between the money otherwise available under this Part for the payment of a superannuation allowance, or other allowance, and the amounts necessary to meet the payment of that superannuation allowance, or other allowance, the amount of the deficiency must be paid by the government.

Power to make regulations

32  (1) The Lieutenant Governor in Council may make regulations for this Part referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) providing for the manner of proving the age of a contributor and the contributor's spouse;

(b) prescribing the method of proving any fact necessary to be proved for granting or paying superannuation allowances or for any purpose of the administration of this Part.

Contributions not permitted after June 19, 1996

33  (1) [Repealed 1999-44-83.]

(2) Despite any other provision of this Act, contributions are not permitted or required under this Part, and benefits are not payable under this Part, in respect of any service of a member on or after June 19, 1996.

(3) For the purposes of sections 15 (1), 22 and 23, only a member's service before June 19, 1996 may be taken into account when determining the member's eligibility for an allowance or refund.

(4) A member who, immediately before June 19, 1996, has served for 7 years or for more than 2 Parliaments, is entitled to an allowance determined under this Part as it read immediately before June 19, 1996 in respect of service before that date.

(5) A member of the Thirty-fifth Parliament who, immediately before June 19, 1996, has not served for 7 years or for more than 2 Parliaments, is entitled to recognition of the member's service before June 19, 1996 in any provisions enacted after that date respecting a registered pension plan for members, and the member may be required to make contributions in respect of that service.

Service recognition

33.1  A member who, immediately before June 19, 1996, has not served for 7 years or for more than 2 Parliaments

(a) is entitled to the recognition of the member's service on and after June 19, 1996 when determining the member's eligibility for a superannuation allowance, and

(b) is not entitled to recognition of the member's service on and after June 19, 1996 when determining the amount of the superannuation allowance payable.

Repealed

34  [Repealed RS1996-257-34 (5).]

Part 3 — 2007 Pension Plan

Interpretation

35  (1) In this Part:

"earnings" means both of the following types of compensation:

(a) the basic compensation or annual indemnity paid under this Act or the Legislative Assembly Management Committee Act to a person who is or was a member at any time on or after June 19, 1996;

(b) the salary paid under this Act or the Legislative Assembly Management Committee Act to a person on or after June 19, 1996;

"Part 3 pension plan" means the Public Service Pension Plan as that plan applies to a person in the person's capacity as a plan participant;

"plan participant" means the following persons:

(a) a person who is or was a member at any time on or after June 19, 1996;

(b) a person who holds or held a position on the Executive Council at any time on or after June 19, 1996,

but does not include a person who gives the notice to the Speaker as described in section 4.1;

"plan rules" means the rules of the Public Service Pension Plan as those rules apply to a person in the person's capacity as a plan participant;

"public service board" means the public service board as defined in section 1 (1) of the Public Sector Pension Plans Act;

"Schedule" means the Schedule to this Act;

"service" means service as a plan participant.

(2) A reference in this Part to "this Part" or "Part 3", other than a reference to "Part 3 pension plan", must be read as including a reference to the Schedule.

Application of the Part 3 pension plan

36  (1) Subject to this Part, the Part 3 pension plan applies to the government and all plan participants effective April 1, 2007.

(2) The terms of the Part 3 pension plan must be based on the principles set out in the Schedule.

(3) The plan rules are subject to this Part and apply with the necessary changes so far as they are applicable.

(4) If there is a conflict between this Part and the plan rules, this Part prevails.

(5) A decision of the plan administrative agent respecting the application of this Part and the plan rules may, by written notice, be appealed to the public service board in accordance with the practice and procedure for appeals to the public service board.

(6) In subsection (5), "plan administrative agent" means the plan administrative agent as defined in Schedule C to the Public Sector Pension Plans Act.

Administration of the Part 3 pension plan

37  (1) The public service board must administer the Part 3 pension plan.

(2) The public service board may enter into agreements providing for the administration of the Part 3 pension plan, including actuarial, administrative and other professional services.

(3) The public service board must consult with the Legislative Assembly Management Committee before modifying the Part 3 pension plan, if the modification relates to or might affect the plan participants.

Contributions by plan participants and government

38  (1) The government must deduct, from each payment of earnings made to a plan participant on or after April 1, 2007, 11% of those earnings and pay the amount to the Public Service Pension Fund as a contribution from the plan participant.

(2) Each time the government deducts and pays a plan participant's contribution in accordance with subsection (1), the government must pay to the Public Service Pension Fund, as a contribution from the government, the percentage of earnings paid to the plan participant that the public service board determines is required to fund the pension benefits provided under this Act.

Purchase of service before April 1, 2007

39  (1) A plan participant may apply to the public service board

(a) to have service before April 1, 2007 recognized as service under the Part 3 pension plan in accordance with this section and the plan rules, and

(b) to purchase that service in accordance with this section and the plan rules.

(2) The public service board must determine the cost of the service that a plan participant applies to purchase under subsection (1) on the basis of the public service board's determination of the full actuarial cost of the pension benefit that results from the purchase of that service.

(3) Subject to subsection (6), for a plan participant to purchase his or her service that occurred at any time during the period that began on May 17, 2005 and ends at the end of the day on March 31, 2007, the plan participant must pay to the Public Service Pension Fund 50% of the cost, as determined under subsection (2), of the pension benefit that results from the purchase of that service.

(4) Subject to subsection (6), for a plan participant to purchase his or her service that occurred at any time during the period that began on June 19, 1996 and ended at the end of the day on May 16, 2005, the plan participant must pay to the Public Service Pension Fund 11% of the sum of the following amounts:

(a) the earnings the plan participant received for the period of service to be purchased;

(b) the amount of the government contributions to the voluntary group registered retirement savings plan described in section 4.1 (6) in respect of the plan participant for the period of service to be purchased.

(5) If a plan participant purchases service under subsection (3) or (4), the government must pay the amount that remains unpaid after deducting the amount paid by the plan participant under subsection (3) or (4), as the case may be, from the amount determined under subsection (2).

(6) A plan participant may not purchase his or her service under this section unless the plan participant pays the amount required before July 1, 2011.

Information

40  (1) The total cost incurred during a calendar year by the government for the purchase of service under section 39 (5) must be posted during the following calendar year on a publicly accessible website maintained by or on behalf of the Legislative Assembly.

(2) The government contribution rate under section 38, as determined by the public service board from time to time, must be posted on a publicly accessible website maintained by or on behalf of the Legislative Assembly as soon as possible after the rate is determined or modified by the public service board.

Payment of fees, expenses, and disbursements

41  The government must pay to the public service board

(a) fees, expenses and disbursements that are reasonably necessary for the establishment, administration and management of the Part 3 pension plan, and

(b) fees, expenses and disbursements that relate to agreements established under section 37 (2).

Application of Pension Benefits Standards Act

42  Despite section 1 (8) of the Pension Benefits Standards Act and section 3 of the Public Sector Pension Plans Act, sections 26 to 29 of the Pension Benefits Standards Act do not apply to the Part 3 pension plan.

Part 4 — General

Appropriation

43  If money is required under this Act to be provided or paid by the government, that money must be provided or paid from money appropriated for that purpose by the Legislative Assembly or, if an adequate appropriation is not available for that purpose, from the consolidated revenue fund.

Offence Act

44  Section 5 of the Offence Act does not apply to this Act.

Schedule

Principles of the Part 3 Pension Plan

(Section 36(2))

1  In this Schedule:

"pensionable earnings" means earnings paid for periods that qualify as pensionable service;

"pensionable service" means service for which contributions have been made under section 38 or that has been purchased under section 39.

2  The Part 3 pension plan must be a defined benefit pension plan.

3  The formula for calculating the amount of a plan participant's pension under the Part 3 pension plan must be based on the following:

P = 3.5% x E x S

where

P  is the amount of the annual pension of a plan participant,

E  is the highest 3-year average annual pensionable earnings of the plan participant, and

S  is the number of years plus any portion of a year of pensionable service of the plan participant.

4  The maximum pension that a plan participant may receive under the Part 3 pension plan is 70% of the highest 3-year average pensionable earnings of the plan participant.

5  A person is not entitled to a pension under the Part 3 pension plan unless the person has at least 6 years of service.

6  A plan participant who meets the terms of the Part 3 pension plan is entitled to an unreduced pension at age 65.

7  A plan participant who is at least 60 years of age and is otherwise entitled to receive a pension under the Part 3 pension plan may receive a reduced pension in an amount that is calculated by subtracting, from the unreduced amount, 0.25% of that amount for each month by which the plan participant's age is less than 65 years.

8  (1) The normal form of pension for a plan participant with a spouse at retirement is "joint life and last survivor", payable for

(a) the life of the plan participant, and

(b) the life of the surviving spouse,

but the pension payable to the surviving spouse is reduced, on the death of the plan participant, to 60% of the pension to which the plan participant was entitled.

(2) The normal form of pension for a plan participant who does not have a spouse at retirement is "single life guaranteed", payable for the longer of

(a) the life of the plan participant, and

(b) a term of 10 years.

(3) Despite subsections (1) and (2), a plan participant who is entitled to a pension payable in accordance with subsection (1) or (2) may elect to be paid his or her pension in another form, but the amount of the pension must be adjusted to the actuarial equivalent of the pension that is otherwise payable in accordance with subsection (1) or (2).

9  The government must pay the plan participant's and the government's contributions under section 38 to the pension plan for any period that disability benefits are payable to the plan participant by the government.