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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to November 5, 2001]
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Contents |
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Section |
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1 In this Act:
"account" means the "Members of the Legislative Assembly Superannuation Account";
"chief executive officer" means the chief executive officer of the British Columbia Pension Corporation established under the Public Sector Pension Plans Act;
"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 of the Legislative Assembly Management Committee Act 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;
"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;
"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.
Part 1 – Indemnity, Salary
and Expense Allowance
2 and 3 [Repealed 1997-29-26.]
4 (1) to (5) [Repealed 1997-29-26.]
(6) The Premier must be paid a salary at the rate of $45 000 a year, but must not receive any further salary as head of a ministry.
(7) A member of the Executive Council with portfolio must be paid a salary at the rate of $39 000 a year, but must not receive any further salary as head of any other ministry.
(8) A member of the Executive Council without portfolio must be paid a salary, not greater than $25 000 a year, set by the Lieutenant Governor in Council.
(9) A parliamentary secretary must be paid a salary at the rate of $6 000 a year.
(10) to (13) [Repealed 1997-29-26.]
(14) A member of the Legislative Assembly who is a chair of a Government Caucus Committee and who is not a member of the Executive Council must be paid a salary of $6 000 a year, but must not receive any further salary as chair of any other Government Caucus Committee.
5 [Repealed 1997-29-26.]
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.
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.
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
(a) must be paid reasonable out of pocket, travelling and other expenses incurred by the member in the discharge of duties, and
(b) [Repealed 1997-29-26.]
(2) The chair 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 that member under section 4 (10).
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 a member of the Legislative Assembly until his or her seat is vacated, or until the date of the next following general election or until a new Speaker is elected in his or her 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 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 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 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.
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).
11 Despite this Act, the Legislative Assembly, if it considers it just and reasonable, may, by resolution, 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 the member's estate, without deduction under section 10 because of the nonattendance of the member.
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 and Corporate Relations, who must
(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.
13 There is granted to the government annually out of the consolidated revenue fund or out of the revenue surplus account of the consolidated revenue fund, or partly out of each, the money required to pay the amounts of the annual indemnities, expense allowances and salaries to the individuals entitled under this 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.
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.
16 (1) The account in the Ministry of Finance and Corporate Relations known as the Members of the Legislative Assembly Superannuation Account is continued.
(2) The Minister of Finance and Corporate Relations 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 and Corporate Relations 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.
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.
18 [Repealed 1999-44-74.]
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.
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.
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.
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.
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.
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.
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.
26 [Repealed 1999-44-80.]
27 The chief executive officer is responsible to the minister for the administration of this Part.
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.
29 The Minister of Finance and Corporate Relations 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.
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.
31 (1) If money is required to be provided or paid by the Minister of Finance and Corporate Relations or otherwise on behalf of the government under this Part, that money must be provided or paid by the Minister of Finance and Corporate Relations 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 must be paid from the consolidated revenue fund.
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.
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.
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.
34 [Repealed RS1996-257-34 (5).]
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada