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This Act is current to July 26, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Public Service Benefit Plan Act

[RSBC 1996] CHAPTER 386

Contents
Part 1
1Application of Part 1
2Contracts
3Terms and conditions
4Contributions to be made
5Appropriation
6Fund
6.1Long Term Disability Fund special account
7Power to make regulations for Part 1
8Annual report
Part 2
9Definitions for Part 2
10Application of Part 2
11Contributions and benefits
12Lieutenant Governor empowered to enter agreement
13Public Services Medical Plan Account
14Administration
15Audit of accounts
16Expenses of administration
17Power to make regulations for Part 2

Part 1

Application of Part 1

1  (1) This Part applies to the following:

(a) the government;

(b) other employers to whom this Part is declared to apply by order of the Lieutenant Governor in Council;

(c) every employee or group of employees in receipt of a salary as compensation for service rendered to the government to whom this Part is declared to apply by order of the Lieutenant Governor in Council;

(d) every employee of an employer to whom this Part applies under paragraph (b) and to whom this Part is declared to apply by order of the Lieutenant Governor in Council;

(e) members of the Legislative Assembly;

(f) [Repealed 2003-62-27.]

(g) persons in receipt of a benefit under the Long Term Disability Plan continued under this Act.

(2) For the purposes of this Part "employee" includes a Provincial judge, the chief coroner and deputy chief coroner under the Coroners Act, or other person appointed to a position or office to which is attached a salary payable by the government.

Contracts

2  (1) The minister, on behalf of the government, may insure or cause to be insured any or all employees to whom this Part applies and members of the Legislative Assembly.

(2) If, under the Public Service Labour Relations Act, the bargaining agent for the government enters an agreement with a bargaining unit certified under that Act and the agreement provides for a benefit plan made effective by contract or contracts with an insurer or insurers, the minister must ensure that the contract under subsection (1) is consistent with the agreement.

(3) Insurance under subsection (1) may be provided directly or by contracting with an insurer or insurers authorized to enter such contracts in British Columbia.

(4) A contract under subsection (1) may be a contract under which the insurer or insurers assumes the risk, or under which the government assumes the risk and under which the insurer disburses benefits and generally manages a scheme of insurance on the government's behalf.

Terms and conditions

3  (1) Subject to this Part, the Lieutenant Governor in Council, or the persons or committees the Lieutenant Governor in Council appoints,

(a) must determine the terms and conditions to be included in a contract made under this Part,

(b) must determine whether any contribution toward payment of premium is required to be made by persons insured directly or under a contract made under this Part and the rates and methods of any contribution, and

(c) are responsible for the distribution of all proceeds derived from the insurance coverage provided under this Part.

(2) For the purposes of subsection (1) (b), different rates and methods of contribution may be determined and established for different groups of persons.

Contributions to be made

4  Every person insured under a contract made under this Part must make the contributions determined under section 3.

Appropriation

5  If a contract or contracts made under this Part require money to be provided or paid by the Minister of Finance or otherwise on behalf of the government as employer under this Part, it must be provided or paid by the Minister of Finance

(a) from money appropriated for that purpose by the Legislature, or

(b) if no appropriation is available for that purpose or the appropriation is not sufficient, from the consolidated revenue fund.

Fund

6  (1) The Minister of Finance may establish one or more funds to provide for any financial obligations assumed by the government under this Part.

(2) and (2.1) [Repealed 2016-3-13.]

(3) Contributions paid under section 4 must be paid directly into the appropriate fund established under this section.

(4) Money for any payments required under a contract or plan made under this Part and for any costs incurred for managing, on the government's behalf, a scheme of insurance or a benefit plan under this Part may be paid from the fund established for that purpose under subsection (1).

(5) A fund established under subsection (1) is a trust fund for purposes of the Financial Administration Act.

(6) This section does not apply in respect of the Long Term Disability Plan continued under this Act.

Long Term Disability Fund special account

6.1  (1) In this section:

"former fund" means the Long Term Disability Fund that was continued and deemed to be established under section 6 (2), as that section read before its repeal;

"LTD plan" means the Long Term Disability Plan continued under this Act;

"special account" means the special account, as defined in section 1 of the Financial Administration Act, established under subsection (2) of this section.

(2) A special account, to be known as the Long Term Disability Fund special account, is established.

(3) The special account consists of the following:

(a) an opening balance, being the closing balance, as determined by the Minister of Finance, of the former fund immediately before that fund is dissolved;

(b) amounts received by the government as contributions paid under section 4 in respect of the LTD plan;

(c) amounts received by the government as contributions in respect of the LTD plan from employers, other than the government, of employees to whom the LTD plan applies;

(d) amounts transferred from a vote, as defined in section 1 of the Financial Administration Act, to the special account as contributions by the government in respect of the LTD plan;

(e) amounts received by the government as recoveries in respect of amounts paid in respect of the LTD plan;

(f) interest attributed to the special account in the amount calculated in accordance with the regulations made under subsection (7).

(4) Despite section 21 (3) of the Financial Administration Act, the minister may pay money out of the special account for the following purposes:

(a) for any payments required in respect of the LTD plan or under a contract made under this Part in respect of the LTD plan;

(b) for the administration of the special account or for any costs incurred for the management of the LTD plan or a contract made under this Part in respect of the LTD plan;

(c) for the return of contributions paid under section 4 of this Act in respect of the LTD plan and any interest attributable to those contributions;

(d) for the return of contributions paid to the LTD plan from employers, other than the government, of persons to whom the LTD plan applies and any interest attributable to those contributions.

(5) Section 27 (1) (a) and (b) of the Financial Administration Act does not apply to the appropriation under subsection (4) of this section.

(6) Treasury Board may direct that the balance of the special account be reduced by an amount equal to any part of the balance that Treasury Board considers is not required for the purposes of the LTD plan.

(7) For the purposes of subsection (3) (f), Treasury Board may make regulations prescribing the balance on which interest is calculated, the interest rate and the manner of calculating interest.

Power to make regulations for Part 1

7  (1) To carry out this Part, the Lieutenant Governor in Council may make regulations 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) prescribing conditions to be met by a person who wishes to elect to be excluded from any or all contracts entered into under this Part;

(b) defining or identifying the composition of groups of persons referred to in section 3 (1) (b);

(c) establishing the terms and conditions of a benefit or a benefit plan in respect of which the risk is not borne by an insurer or insurers.

Annual report

8  The minister must lay before the Legislative Assembly, within 15 days after the start of each annual session, a return containing a full and clear statement and accounts of all business done under this Part during the fiscal year preceding that session.

Part 2

Definitions for Part 2

9  In this Part and the regulations under it:

"contributor" means an employee who avails himself or herself of the coverage afforded by this Part and whose premium payments are in good standing;

"employee" means all of the following:

(a) a person in receipt of remuneration for services rendered to the government;

(b) a person who receives remuneration for services rendered to an employer within the meaning of the pension plan rules made under the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, and who, with the consent of that employer, elects to have this Part apply to him or her;

(c) a person appointed to the Executive Council;

(d) members of the Legislative Assembly of British Columbia;

(e) a person who renders service, the remuneration for which is paid by a corporation, board, commission or authority that is an agent of the government, and to whom the Lieutenant Governor in Council declares this Part to apply;

"employer" means,

(a) in respect of an employee defined in paragraph (a), (c) or (d) of the definition of employee, the Minister of Finance,

(b) in respect of an employee defined in paragraph (b) of the definition of employee, the employer mentioned in that paragraph, and

(c) in respect of an employee defined in paragraph (e) of the definition of employee, the corporation, board, commission or authority that pays the remuneration.

Application of Part 2

10  (1) This Part applies to the following:

(a) the government;

(b) all persons to whom the Public Services Medical Plan Act, R.S.B.C. 1960, applied on March 31, 1963;

(c) every employee who elects to have this Part made applicable to him or her.

(2) This Part does not apply to a person or group of persons covered by a contract or plan of group medical insurance coverage other than under this Part and whose eligibility for coverage under this Part has been rescinded by order of the Lieutenant Governor in Council.

Contributions and benefits

11  (1) The prescribed monthly premium must be deducted from the following:

(a) the salary of every employee to whom this Part applies, other than members of the Legislative Assembly;

(b) [Repealed 2003-62-30.]

(c) the sum payable under section 2 of the Members' Remuneration and Pensions Act to a member of the Legislative Assembly to whom this Part applies.

(2) Despite subsection (1) (a) and (c), every person to whom this Part applies may pay the prescribed monthly premium during any period in which a deduction cannot be made under subsection (1) (a) and (c).

(3) The payments made under subsections (1) (a) and (2) entitle the employee to the benefits of this Part in respect of medical and other related expenses incurred during the next succeeding calendar month only.

(4) The payments made under subsection (1) (c) entitle the member of the Legislative Assembly to the benefits of this Part in respect of medical and other related expenses incurred during the next succeeding calendar year only.

Lieutenant Governor empowered to enter agreement

12  (1) The Lieutenant Governor in Council may

(a) enter an agreement or contract with any person in respect of a plan of insurance or coverage for employees and their dependants for medical and other related expenses incurred by the employees and their dependants to whom this Part applies, or

(b) by regulation establish and administer a plan for that purpose.

(2) Under a plan authorized by the Lieutenant Governor in Council under subsection (1), the employer must contribute a sum not less than the monthly or annual premiums authorized to be paid by the employees under section 11.

(3) The employer of a person whose salary or wage is not paid from public money within the meaning of the Financial Administration Act must reimburse the Minister of Finance in respect of the contributions required to be made under subsection (2) for that person.

Public Services Medical Plan Account

13  (1) The Public Services Medical Plan Account is continued.

(2) All receipts under sections 11 and 12 (2) and all disbursements made under plans approved by the Lieutenant Governor in Council under section 12 (1) must be recorded in the Public Services Medical Plan Account.

Administration

14  (1) The ministry is charged with the administration of this Part.

(2) The minister must lay before each annual session of the Legislature a return containing a full and clear statement and accounts of all business done under this Part during the fiscal year preceding that session.

Audit of accounts

15  (1) At least once in each year the accounts must be audited by an auditor appointed by the Lieutenant Governor in Council for that purpose.

(2) The salary or remuneration of the auditor must be paid as part of the expenses of the administration of this Part.

Expenses of administration

16  All salaries and other expenses necessarily incurred in the administration of this Part, together with the payments required by the Minister of Finance under section 12 (2), must be charged to the legislative appropriation made for the purpose.

Power to make regulations for Part 2

17  (1) To carry out this Part, the Lieutenant Governor in Council may make regulations 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) prescribing forms to be used for the purposes of this Part or the regulations;

(b) prescribing the method of proving any fact necessary to be proved for the purpose of paying any claims or for any purpose in the administration of this Part;

(c) prescribing the premium referred to in section 11;

(d) determining the benefits to be paid on behalf of a contributor and his or her dependants;

(e) determining the treatment for which no benefits are to be paid under this Part;

(f) limiting the amount that may be paid for the treatment of any ailment;

(g) prescribing the method of payment of a claim and the limitation on the amount of the claim to be paid;

(h) prescribing the method of payment and amount of a claim that may arise from the illness of or accident to a contributor or dependants while absent from British Columbia;

(i) defining dependants;

(j) appointing an Advisory Board and a director, and defining their duties;

(k) appointing an actuary and medical or other consultants;

(l) defining the notice to be given by an employee who desires to be excluded from the provisions of this Part, and determining the circumstances under which contributions may be discontinued or refunds made;

(m) rescinding the eligibility of an employee.