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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"account" means the "Members of the Legislative Assembly Superannuation Account";
"adjustment factor" means in relation to a year, the percentage rate by which the average weekly wage in British Columbia in the preceding year increased or decreased in comparison with the average weekly wage in British Columbia in the year before that preceding year;
"average weekly wage in British Columbia" means, in respect of a year, the average weekly earnings of wage earners and salaried employees in the Industrial Composite for British Columbia for that year, published by Statistics Canada under the Statistics Act (Canada) as amended;
"commissioner" means the superannuation commissioner appointed under the Pension (Public Service) Act;
"contributor" means a member whose legislative allowance or indemnity deductions have been or are being made under section 17;
"highest average income" in relation to service as
(a) Premier, minister with portfolio, minister without portfolio, Deputy Chairman 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 Chairman 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 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 preceding the date on which he ceased to be a member;
"highest average legislative allowance" means the average of the legislative allowances received by the member
(a) during his years of service as a member where he has served not more than 4 years; or
(b) during the 4 years of service in which the legislative allowance received by him amounted to the largest sum, where he has served for more than 4 years,
and, where the length of time as a member includes a period prior to January 1, 1974, the amount of each sessional indemnity for which contributions have been made shall be 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 him after December 31, 1973 under section 64 (1) of the Constitution Act as it stood before July 31, 1979; and
(b) for a person who commences to receive a superannuation allowance after July 31, 1979, means
(i) the annual indemnity, expense allowance and Capital City allowance paid to him under section 2; and
(ii) the allowance paid to him under section 64 (1) of the Constitution Act as it stood after December 31, 1973 and before July 31, 1979 but does not include the expense allowance paid under that section unless he makes contributions on it at the same rate as contributions were payable on the allowance together with interest;
"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;
"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, as it stood before January 1, 1974, were paid;
"service" means service as a member;
"surviving spouse" means the surviving spouse of a member who was married to the member immediately prior to the member's death;
"years of service" of a member means the actual length of his service as a member, expressed as a whole number and a fraction representing portions of a year, and, where the length of time as a member includes a period prior to January 1, 1974, each regular session shall be deemed to be one year;
"years of service" of a minister, Leader of the Official Opposition, leader of a recognized political party, Deputy Chairman of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader, parliamentary secretary, Speaker or Deputy Speaker shall be the total actual length of his service in one or more of those positions.
Historical Note(s): RS1960-240-2; 1971-33-5; 1976-29-2,7; 1979-6-17,19,20,23; 1981-17-1,2; 1985-11-6; 1987-57-1; 1992-75-10.
[Editorial Note(s): for definition prior to July 31, 1979 see section 64A of the Constitution Act, enacted by 1974-20-2.]
Part 1 — Indemnity, Salary and Expense Allowance
2. (1) Subject to section 3 (1) (e) of the Legislative Assembly Management Committee Act, a member of the Legislative Assembly shall be paid an annual indemnity and expense allowance at the rates that were payable to a member on April 1, 1992.
(1.1) Commencing with the calendar year 1985, a member shall be paid for each of the first 50 sitting days of the Legislative Assembly in any calendar year, a Capital City allowance.
(1.2) The Capital City allowance shall be paid in amounts and at the times determined by the Legislative Assembly Management Committee.
(2) Notwithstanding the Income Tax Act, an expense allowance and Capital City allowance payable to a member under this section shall be deemed not to be wages within the meaning of that Act, and not to form part of the income of that member for any purpose of that Act.
Historical Note(s): 1979-6-17; 1981-17-3; 1985-11-7; 1985-29-1, see transitional provision, 1985-29-4; 1987-57-2; 1992-75-11.
2.1 (1) A member shall be paid an in-constituency expense allowance in an amount and at the times determined by the Legislative Assembly Management Committee.
(1.1) Until such time as the Legislative Assembly Management Committee makes a determination under subsection (1), a member shall be paid an in-constituency allowance in an amount and at the times that were determined by the Board of Internal Economy, under the former Legislative Assembly Board of Internal Economy Act, prior to the coming into force of the Legislative Assembly Management Committee Act.
(2) [Repealed 1987-57-3.]
(3) Notwithstanding the Income Tax Act, an in-constituency allowance payable to a member under this section shall be deemed not to be wages within the meaning of that Act, and not to form part of the income of that member for any purpose of that Act.
(4) [Repealed 1987-57-3.]
Historical Note(s): 1985-11-8; 1985-29-2, see transitional provision, 1985-29-4; 1987-57-3; 1992-75-12.
3. (1) The Leader of the Official Opposition shall be paid a salary at the rate that was payable on April 1, 1992.
(2) The Speaker shall be paid a salary at the rate that was payable on April 1, 1992.
(3) The Deputy Speaker and Leader of a recognized political party shall be paid a salary at the rate that was payable on April 1, 1992.
(3.1) The Deputy Chairman of the Whole and the Government Whip shall each be paid a salary at the rate that was payable on April 1, 1992.
(3.2) The Official Opposition House Leader and the Official Opposition Whip shall each be paid a salary at the rate that was payable on April 1, 1992.
(4) The Premier shall be paid a salary at the rate of $45 000 a year, but shall not receive any further salary as head of a ministry.
(5) Every member of the Executive Council with portfolio shall be paid a salary at the rate of $39 000 a year, but shall not receive any further salary as head of any other ministry.
(6) Every member of the Executive Council without portfolio shall be paid a salary, not exceeding $25 000 a year, fixed by the Lieutenant Governor in Council.
(6.1) A parliamentary secretary shall be paid a salary at the rate of $6 000 a year.
(7) The chair of a select standing, select or special committee of the Legislative Assembly shall be paid the salary that was payable on April 1, 1992.
(8) The annual indemnities, expense allowances and salaries provided for in section 2 and this section shall be paid monthly at the end of each month.
(9) The salaries payable under this section are payable in addition to the annual indemnity, Capital City allowance and expense allowance payable under section 2.
(10) Subsection (8) does not apply to the Capital City allowance.
Historical Note(s): 1979-6-17; 1981-17-4; 1985-11-9; 1985-29-3, see transitional provision, 1985-29-4; 1987-57-4; 1992-75-13.
4. The annual indemnities and expense allowances paid under section 2 (1) and the salaries paid under section 3 shall be adjusted as follows:
(a) effective January 1, 1982 the annual indemnities, expense allowances and salaries shall be calculated by multiplying the rates set out in sections 2 (1) and 3 by the adjustment factor and by adding the result to those rates;
(b) effective August 1, 1982 the annual indemnities, expense allowances and salaries determined under paragraph (a) shall cease to apply, and shall instead be calculated by multiplying the rates set out in sections 2 (1) and 3 by 1.9%, and adding the result to those rates.
Historical Note(s): 1982-61-1, effective December 31, 1981.
5. Where a member of the Legislative Assembly dies while in office, the annual indemnity and expense allowance, and any salary to which he would have been entitled under this Act had he lived until the end of the sixth month after the month in which he died, shall be paid to his estate.
Historical Note(s): 1979-6-17.
6. 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 Provincial Secretary and Minister of Government Services 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,
shall be paid his reasonable out of pocket, travelling and other expenses incurred by him in the discharge of his duties.
Historical Note(s): 1979-6-17; B.C. Reg. 91/79; 1985-11-10.
7. (1) A member of a select standing, select or special committee of the Legislative Assembly authorized under section 69 (1) of the Constitution Act
(a) shall be paid his reasonable out of pocket, travelling and other expenses incurred by him in the discharge of his duties; and
(b) may be paid for each day's attendance the salary that was payable on April 1, 1992.
(2) The chairman of the select standing, select or special committee may be paid under subsection (1) as a member of the committee in addition to amounts paid to him under section 3 (7).
Historical Note(s): 1979-6-17; 1987-57-5; 1992-75-14.
8. (1) For the purposes of sections 2 to 5,
(a) a person is a member of the Legislative Assembly from the date of his election, until his seat is vacated or until the date of the next following general election, whichever first occurs;
(b) subject to paragraph (d), the Speaker shall be considered to have occupied that position from the date of his election as a member of the Legislative Assembly until his seat is vacated, or until the date of the next following general election or until a new Speaker is elected in his place, whichever first occurs;
(c) subject to paragraph (d), the Leader of the Official Opposition, a leader of a recognized political party and the Deputy Speaker shall be considered to have occupied that position on and from the date of his election, until his seat is vacated or until he ceases to hold that position or until the Legislative Assembly is dissolved, whichever first occurs; and
(d) an individual becomes Leader of the Opposition, leader of a recognized political party, Speaker or 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 predecessor ceased to occupy the position.
(2) References in this section to the date of an election are references to the ordinary polling day under the Election Act for that election.
Historical Note(s): 1979-6-17.
9. (1) A deduction at the rate of $250 a day shall be made from the annual indemnity payable to a member for every day beyond 10 in any one session on which he is absent from a sitting of the Legislative Assembly, or of a committee, provided the Legislative Assembly sits on that day but each day on which the member was prevented by sickness from attending any sitting, or on which a member of the Executive Council is absent on official government business, or on which a member is absent in an official capacity under section 6, shall be considered a day of attendance at the session, for the purposes of this Act.
(2) Where a member is named and suspended from the service of the Legislative Assembly, a deduction at the rate of $250 a day shall be made from the annual indemnity payable to the member for every day that he remains suspended after the day the suspension is ordered.
(3) A day in respect of which a member is penalized under subsection (2) is not a day of absence for the purpose of subsection (1).
Historical Note(s): 1979-6-17; 1985-11-11.
10. Notwithstanding anything in this Act, the Legislative Assembly may, by resolution provided it considers it just and reasonable, direct that a partial or full annual indemnity, expense allowance and salary be paid to a member, or in the event of the death of a member, to his estate, without deduction under section 9 by reason of the nonattendance of the member.
Historical Note(s): 1979-6-17.
11. (1) Every member shall between the 1st and 15th days of January and of July in each year file with the Clerk of the Legislative Assembly a declaration of his attendance, in the following form, signed before the Clerk, or a commissioner for taking affidavits for British Columbia. The Clerk shall 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], 19__.
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 prevented by sickness from attending, or I was, as a member of the Executive Council, absent on official government business, or I was absent pursuant to section 6.
[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) Where 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 9,
the Clerk shall report the matter to the Minister of Finance, who shall
(c) in case of failure to file the declaration, withhold payment to the member of any annual indemnity, expense allowance 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 annual indemnity, expense allowance or salary.
Historical Note(s): 1979-6-17,25.
12. There is hereby granted to Her Majesty annually out of the consolidated revenue fund or out of the revenue surplus account of the consolidated revenue fund, or partly out of each, such sums as are required to pay the amounts of the annual indemnities, expense allowances and salaries to the individuals entitled under this Part.
Historical Note(s): 1979-6-17.
13. This Part applies to the Crown in right of the Province and every member who elects to make contributions throughout his service under this Part.
Historical Note(s): RS1960-240-3; 1971-33-1; 1979-6-20.
14. (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) he attains the age of 55 years; or
(b) his age added to his 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 by reason only 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 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) Where a person ceased to be a member before January 1, 1974 and is otherwise qualified under this section, the superannuation allowance shall be calculated in accordance with this Part as it stood on December 31, 1973.
(4) Where 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 shall be paid with effect from the date he ceased to be a member.
Historical Note(s): RS1960-240-4; 1971-33-2; 1976-29-3; 1979-6-20,21; 1985-11-12.
15. (1) There is continued in the Ministry of Finance an account to be known as Members of the Legislative Assembly Superannuation Account.
(2) The Minister of Finance shall pay into the account the contributions made by the Crown in right of the Province under this Part.
(3) A separate contributory account shall be kept for each contributor showing the amount at his credit in the account.
(4) A separate account shall also be kept for contributions made by the Crown in right of the Province.
(5) Interest shall 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 shall be made at the time the contributor's account is closed.
(7) The rate of interest shall be that currently being paid under the Pension (Public Service) Act.
Historical Note(s): RS1960-240-5; 1979-6-20.
16. (1) On a member or his surviving spouse becoming eligible to receive an allowance under this Part, the present value of the allowance calculated pursuant to the tables in force governing allowances granted under the Pension (Public Service) Act shall be transferred, as a debit to the account continued under section 15, to the account maintained in the public service superannuation fund for the payment of contributory pensions.
(2) The commissioner shall pay the allowance monthly in arrears to the member or his surviving spouse entitled to it.
Historical Note(s): RS1960-240-6; 1973-13-3; 1976-29-4; 1979-6-20.
17. (1) There shall be deducted from the legislative allowance payable to a member to whom this Part applies a contribution of 7 3/4% of the legislative allowance.
(2) There shall be deducted from the salary payable to a minister to whom this Part applies 7 3/4% of the salary of that minister monthly.
(3) There shall be deducted from the salary paid to the Leader of the Official Opposition, leader of a recognized political party, Deputy Chairman of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader, each parliamentary secretary, the Speaker and Deputy Speaker under section 3 (1), (2), (3), (3.1), (3.2) or (6.1) a contribution of 7 3/4% of their respective salaries paid under that section.
(4) In addition to the deductions specified in subsections (1) to (3), there shall be deducted from the allowances and salaries referred to in those subsections a contribution of 1 1/4% of those allowances and salaries.
(4.1) The Minister of Finance shall pay into the account continued under section 15 the amounts deducted under subsections (1) to (4) and, in addition, shall pay into the account an amount equal to those deductions as a payment on behalf of the government.
(5) Once a year the amounts deducted under subsection (4) and the matching payments made on behalf of the government shall be transferred to the inflation adjustment account established under section 11 of the Pension (Public Service) Act.
(5.1) Where the percentage that is deducted under section 6 (1) (c) of the Pension (Public Service) Act is increased, the percentage to be deducted under subsection (4) shall be deemed to be increased by the same amount.
(6) Notwithstanding anything in this section, a deduction in a calendar year under this section in respect of an individual shall not exceed the contribution limit provided for in section 8 (6) of the Income Tax Act (Canada) as amended.
(7) A member who, under section 2 is paid a Capital City allowance in respect of the electoral district of Esquimalt-Port Renfrew, Oak Bay-Gordon Head, Saanich and the Islands or Victoria may elect, for the purposes of this Part, to have the Capital City allowance received by him treated as though it were equal in amount to the Capital City allowance paid to other members and, in that case, for the purpose of contributions under this section and for the purpose of determining his highest average legislative allowance, he shall be deemed to have received a Capital City allowance at the rate paid to other members.
(8) An election under subsection (7) shall be made in writing and filed with the commissioner either within 3 months after the date that subsection comes into force or within 3 months after the date the member first becomes a member.
Historical Note(s): RS1960-240-7; 1971-33-3; 1976-29-5; 1979-6-20,22; 1980-43-18, proclaimed effective October 1, 1980; 1985-11-13; 1985-14-2, effective October 1, 1980.
18. (1) A member may contribute for any previous regular session before January 1, 1974, and for any year after December 31, 1973 during which he was a member and has not already contributed.
(2) The amount to be contributed shall be the amount which would have been at his credit, including interest, as if this Part had applied to him during the period for which the contributions are made. The amount shall be paid within an equivalent period.
(3) The amount to be contributed shall be calculated for service as a member
(a) before January 1, 1974, under this Part as it stood on December 31, 1973;
(b) after December 31, 1973, under this Part as it stands on the date the contribution is made.
Historical Note(s): 1971-33-4; 1976-29-6; 1979-6-20.
19. (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 14 (1) shall be the amount equal to 4% of his 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) shall 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) shall be increased by an annual superannuation allowance in the amount of 4% of the highest average income in each position he 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 lifetime, but the member may elect to have his superannuation allowance granted on any of the plans or combination of plans referred to in section 18 of the Pension (Public Service) Act and, where he does so, the amount of his superannuation allowance determined under this section shall be adjusted, on the basis of the tables prescribed under that Act, to the plans or combination of plans selected by the member and shall be payable as provided in that Act.
Historical Note(s): 1971-33-5; 1976-29-7; 1979-6-23; 1981-17-6; 1985-11-14.
[Editorial Note(s): for calculation for a member who ceased to be a member before January 1, 1974, see 1976-29-8.]
19.1 (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 14 (1) shall be the amount equal to 5% of his 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) shall 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 Chairman 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) shall be increased by an annual superannuation allowance in the amount of 5% of the highest average income in each position he 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 lifetime, but the member may elect to have his superannuation allowance granted on any of the plans or combination of plans referred to in section 18 of the Pension (Public Service) Act and where he does so, the amount of his superannuation allowance determined under this section shall be adjusted, on the basis of the tables prescribed under that Act, to the plans or combination of plans selected by the member and shall be payable as provided in that Act.
Historical Note(s): 1985-11-15.
20. (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 contributions, including interest, shall be paid to the surviving spouse or, if there is no surviving spouse, to his personal representatives.
(2) Where a member to whom this Part applies dies having served for 7 years or for more than 2 Parliaments but before he has been granted a superannuation allowance, and if he has not received a refund of his contributions, a refund of the total of his contributions up to the date of his death, including interest, may be paid to the surviving spouse, or, if there is no surviving spouse, to his personal representative, or in lieu 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 attaining the age of 55 years had he, on ceasing to be a member, converted to the joint life and last survivor plan described in section 18 (1) (c) of the Pension (Public Service) Act.
(3) The superannuation allowance to the surviving spouse shall be paid during the lifetime of the surviving spouse and where payment of the superannuation allowance ceases on the death of the surviving spouse, there shall 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 shall not be granted under this section to the surviving spouse where the member, after the date of his marriage, nominated a person other than his 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 commissioner.
Historical Note(s): RS1960-240-10; 1971-33-6; 1976-29-9; 1979-6-20; 1985-11-16.
21. (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 may receive as a refund the total amount of his 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 may at option, on application,
(a) after attaining the age of 55 years, be granted a superannuation allowance in accordance with section 19 or 19.1, as the case may be; or
(b) irrespective of age, receive as a refund the total of his contributions, including interest accrued, but in this event he shall not be entitled to any other benefits under this Part unless his account is reinstated under subsection (3).
(3) A member who has received a refund under subsection (1) or subsection (2) (b) may, within 3 years after again becoming a member to whom this Part applies, reinstate his account by repaying in full the amount previously withdrawn, together with interest that would have accumulated if he had not received a refund, and then he is again entitled to all benefits under this Part as if he had not received a refund, and not otherwise.
Historical Note(s): RS1960-240-11; 1971-33-7; 1979-6-20; 1985-11-17.
22. (1) and (2) [Repealed 1988-46-38.]
(3) If a person in receipt of a superannuation allowance under this Part again becomes a member, payment of the superannuation allowance shall cease from the date of the election in which he is elected as a member, and then he shall contribute, and is entitled to all benefits, under this Part as if he had not received a superannuation allowance.
(4) Where payment of a superannuation allowance ceased under subsection (3), the present value of that superannuation allowance calculated pursuant to the tables in force governing allowances granted under the Pension (Public Service) Act shall be transferred from the account maintained in the public service superannuation fund for the payment of contributory pensions to the Members of the Legislative Assembly Superannuation Account established under section 15.
(5) The proportion of the present value of the superannuation allowance to be credited to the contributory account of the member under subsection (4) shall be in the same proportion as was transferred under section 16 on the date on which the superannuation allowance was first granted.
Historical Note(s): RS1960-240-12; 1971-33-8; 1976-29-10; 1979-6-20,24; 1988-46-38.
22.1 (1) Where a person who has not attained 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 Crown or other employer to whom the Pension (Public Service) Act applies,
(B) a government corporation, as defined in the Financial Administration Act, or a board, commission or authority that is an agent of the Crown, or
(C) a reciprocal employer as defined in section 16 (2) of the Pension (Public Service) Act, other than a reciprocal employer located outside the Province, 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 superannuation allowance that is attributable to the government's contributions, exceeds the monthly salary earned by that person during his last complete month of service,
the portion of his superannuation allowance that is attributable to the government's contributions shall be reduced by the amount of the excess, and the commissioner shall place that amount in a separate trust account and deal with it in accordance with subsections (2) and (3).
(2) At the end of each calendar year, the commissioner shall determine the aggregate amount received by a person under subsection (1) (b) during the year, divide that amount by 12, and the resulting quotient shall be deemed to be the amount received under subsection (1) (c) in each month, and the commissioner shall refund to the person any amount that, as a result of the recalculation, is no longer required to be deducted from his superannuation allowance.
(3) At the end of the employment, the commissioner shall take the total amount held in trust, together with interest on it at a rate established by the commissioner and on the election, in writing, of the person shall 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.
(4) Where the person dies before an election is made under subsection (3), the commissioner shall forthwith pay the amount in the trust account to the person's estate.
(5) This section does not apply to a person who is receiving a superannuation allowance as a beneficiary.
(6) 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.
(7) For the purposes of subsection (6) (b) (ii), where 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 shall be used.
Historical Note(s): 1988-46-39.
23. (1) The Minister of Finance may receive special voluntary contributions in addition to the contributions required under section 17 or made under section 18; but the special voluntary contributions under this section shall not affect in any way the amount of the contribution of the Crown in right of the Province under section 17.
(2) A separate account shall be kept for each contributor in respect of special voluntary contributions.
(3) Interest shall be credited by the Minister of Finance to each account in the manner prescribed in section 15 (3).
(4) If a member elects to receive a superannuation allowance under this Part, and does not request a refund under subsection (7), there shall be added to that allowance an allowance purchased from the total amount at his credit in respect of contributions made under this section under any of the plans of allowances and in accordance with the tables then in force under the public service superannuation fund.
(5) Where a contributor dies before he has been granted a superannuation allowance there shall be added to any allowance granted under section 20 (2) an allowance derived from his contributions under this section, calculated in accordance with that subsection.
(6) If a contributor or the surviving spouse elects to receive a refund under section 20 or 21, there shall be added to the refund the amount at the credit of the contributor arising out of contributions under this section together with interest.
(7) Where a member or surviving spouse becomes entitled to a superannuation allowance, the total or any portion of the member's contributions made under this section shall, at the request of the member or the surviving spouse, be refunded to the member or the surviving spouse in lieu of granting the superannuation allowance.
Historical Note(s): RS1960-240-13; 1971-33-9; 1976-29-11; 1979-6-20; 1985-14-3.
24. The superannuation commissioner appointed under the Pension (Public Service) Act is responsible to the Provincial Secretary and Minister of Government Services for the administration of this Part; the Provincial Secretary shall lay before the Legislature within 15 days after the commencement of each annual session a return containing a full and clear statement and accounting of all business done under this Part during the fiscal year last preceding.
Historical Note(s): RS1960-240-14; 1979-6-20.
25. (1) No superannuation allowance may be assigned, charged or attached by process in any court.
(2) Except as expressly provided in this Part, nothing in this Part shall be construed to confer on any person any right to demand or enforce the repayment of any amount contributed by him or on his behalf to the fund, or the payment of any interest, nor shall the equity of any contributor in the fund confer on him any right to borrow money from the fund.
Historical Note(s): RS1960-240-15; 1979-6-20.
26. 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 Crown.
Historical Note(s): RS1960-240-16(7-12).
27. If a person in receipt of a superannuation allowance is, in the opinion of the commissioner, unfit to manage his own affairs, the amount payable to that person may be dealt with for his benefit or for the benefit of that person's spouse or children in a manner the commissioner determines.
Historical Note(s): RS1960-240-17; 1976-29-12.
28. (1) Where money is required to be provided or paid by the Minister of Finance or otherwise on behalf of the Crown in right of the Province under this Part, that money shall be provided or paid by the Minister of Finance from money appropriated for that purpose by the Legislature or, in the absence of an adequate appropriation available for that purpose, from the consolidated revenue fund.
(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 shall be paid from the consolidated revenue fund.
Historical Note(s): RS1960-240-18; 1979-6-20.
29. The Lieutenant Governor in Council may make regulations for this Part including those
(a) providing for the manner of proving the age of a contributor and the contributor's spouse and of their marriage;
(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.
Historical Note(s): RS1960-240-19; 1976-29-13; 1979-6-20.
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