Schedule 1
Application
NOTE: This Schedule relates and corresponds to
the Registered Plan under Schedule 1 to the Act and it should particularly be
noted that section 2(3) of that Schedule applies with respect to this Schedule.
AR 52/92 s2
Interpretation
1(1) In this Schedule,
(a) “pay
period” means the length of time, related to a recurring salary payment cycle,
for which an officer normally receives a payment of salary;
(b) “principal
regulation” means Schedule 1 to the Members of the Legislative Assembly
Pension Plan Regulation (Alta. Reg. 319/85).
(2) Definitions and other interpretation provisions
in the principal regulation apply also to this Schedule.
AR 320/85 s1;52/92
Current Service
Contributions
2 A participant shall make
current service contributions at intervals coinciding with the pay periods
fixed by the Government with respect to him.
AR 320/85 s2
Co‑ordination of
Certain Pensions
with C.P.P. and O.A.S.
3(1) Where a person is to receive a pension under section 17(2)
or (3) of Schedule 1 to the Act before attaining the age of 65 years, he may
choose to increase the pension by an amount equal to the actuarial equivalent
of the estimated Canada Pension Plan retirement pension or the Old Age Security
benefit or both until he reaches or would, but for his previous death, have
reached the age of 65 years, at which time the pension, including that amount,
shall be reduced by the amount of the previously estimated Canada Pension Plan
retirement pension or Old Age Security benefit or both, as the case may be.
(2) Where
a person is to receive a pension under section 25(2) of Schedule 1 to the Act
before attaining the age of 65 years, he may choose to increase the pension by
an amount equal to the actuarial equivalent of the estimated Old Age Security
benefit until he reaches or would, but for his previous death, have reached the
age of 65 years, at which time the pension, including that amount, shall be
reduced by the amount of the previously estimated Old Age Security benefit.
(3) Subsections
(1) and (2) do not apply to a person who selects a form of pension specified in
section 18(1)(b) of Schedule 1 to the Act.
(4) Notwithstanding
subsections (1) and (2), if the basic pension under the Plan ceases before the
age of 65 years, payment of the amount of the actuarial equivalent of the
previously estimated Canada Pension Plan retirement pension or Old Age Security
benefit or both ceases at the same time.
(5) Notwithstanding subsections (1) and (2), where
a person selects a pension in the form of a normal pension and subsequently
dies, payment of the amount of the actuarial equivalent of the estimated Canada
Pension Plan retirement pension or the Old Age Security benefit, or both, and
recovery of the amount of the previously estimated Canada Pension Plan
retirement pension or Old Age Security benefit, or both, shall no longer occur.
AR 320/85 s3;52/92
Effective Date of
Commencement of Pension
4(1) Where a person becomes entitled to receive an unreduced
pension under section 17(2) or (3) of Schedule 1 to the Act and does not
postpone commencement of that pension, the effective date of the commencement
of his pension is the day after that on which he ceases to be an officer.
(2) Where
a person becomes entitled to a reduced pension under section 17(2) or (3) of
Schedule 1 to the Act or postpones commencement of his pension, the effective
date of the commencement of his pension is the latest of
(a) the
date indicated in the application for the pension,
(b) the
day of receipt of the application by the Minister, or
(c) the
day after the person ceases to be an officer.
(3) Where
a pension is payable under section 25(2) of Schedule 1 to the Act, the
effective date for the commencement of the pension is the day following the
death of the deceased.
(4) Notwithstanding subsection (2), where a pension
is payable under section 17(2) or (3) of Schedule 1 to the Act, the Minister
may treat the effective date of the commencement of that pension as being a
date that is no more than 6 months prior to the date that would otherwise be
the effective date under that subsection and that is not prior to the day after
the day the person ceased to be an officer.
AR 320/85 s4;52/92
Commencement of
Guaranteed Terms of Years
5 Where a person entitled to a
pension chooses a guaranteed term pension, the period of the guaranteed term
commences on the effective date of the commencement of the pension.
AR 320/85 s5
Requirement of Evidence
6 Where it is necessary to
determine the age, marital status, legal change of name, fact of death or facts
relative to the previous office‑holding of a person and before any
benefit is paid or before any contributions with respect to prior service may
be made, documents evidencing the facts must be provided to the Minister.
AR 320/85 s6
Forms
7 The form of the statutory
declaration required for the purposes of section 21(3)(a)(i) of Schedule 1 to
the Act is as set out in Form 1 of this Schedule.
AR 320/85 s7;52/92
8 The form of the notice of
appeal required for the purposes of section 29(2) of Schedule 1 to the Act is
as set out in Form 2 of this Schedule.
AR 320/85 s8;52/92
Coming into Force
9 This Schedule comes into force
on November 1, 1985.
AR 320/85 s9;52/92
Form 1
Pension Partner’s Pension Waiver
I, (full
name of pension partner) certify that I am the pension
partner (within the meaning of the Members of the Legislative Assembly
Pension Plan Act) of (full name of prospective
pensioner) , (hereinafter called “the pensioner”) a
retiring participant of the Members of the Legislative Assembly Pension Plan
and have lived with the pensioner for a period that will be at least 5 years at
the date of commencement of the pension.
I understand that, in
accordance with section 21 of Schedule 1 to the Members of the Legislative
Assembly Pension Plan Act and if this form is not completed by me and
filed, the pensioner is deemed to have chosen a normal pension from the above
Plan which would guarantee, in the event of the death of my pension partner, a
pension payable to me in an amount equal to 2/3 of the pension which was
payable to him, and I am otherwise aware of my rights under that section.
I also understand that
I may waive my rights under section 21 of that Schedule to that Act, thereby
enabling the pensioner to choose a pension in an alternative form which may
provide me with no survivor benefit or a survivor benefit at a level of less
than 2/3.
I hereby so waive
those rights and consent to the pensioner’s choosing a pension from the above
Plan in a form which provides me with no survivor benefit or a survivor benefit
of less then 2/3.
I certify that this
form is being signed outside the immediate presence of the pensioner.
In witness whereof, I
hereby set my hand at
this day of
, 20 in the presence of
Witness (Commissioner for
Oaths, Pension Partner’s Signature
Notary Public or Justice
of the
Peace) to the signature
of the
Declarant who signed this
form
before me outside of the
presence
of the Plan Participant.
Name
of Plan Participant
My appointment
terminates
on
S.I.N.
of Plan Participant
[NB Please print or type names.]
AR 320/85
Sched.1;52/92;172/2003
Form 2
A decision has been
made on your pension file. If you are
aggrieved by the decision, the Members of the Legislative Assembly Pension
Plan Act permits you to appeal to the Members of the Legislative Assembly
Pension Plan Board.
However, an appeal
must be filed within 30 days from the date of the notification of the
decision. If you wish to appeal, you are
advised to complete and forward this form within that period. In order to assist, please describe briefly
the grounds for your appeal. You will
have a further opportunity to present your case more fully at a later date.
Notice
of Appeal
To: The Chairman
The Members
of the Legislative Assembly
Pension
Plan Board
12th Floor,
Legislature Annex
9718 ‑
107th Street
EDMONTON,
Alberta
CANADA T5K
2B6
Name:
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Address:
Telephone
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Business
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I wish to appeal the
decision made in my case by the Minister.
A copy of that decision is attached and forms part of this appeal. The grounds for my appeal are as follows:
Date
(Signature)
AR 320/85 Sched.2;52/92
Schedule 2
Application
NOTE: This Schedule relates and corresponds to
the Supplementary Plan under Schedule 2 to the Act.
Interpretation
1 Section 1 of Schedule 1
applies with respect to the Plan, except that the reference in it to Schedule 1
to the Members of the Legislative Assembly Pension Plan Regulation is to
be treated as a reference to Schedule 2 of it.
Current Service
Contributions
2 Section 2 of Schedule 1
applies with respect to the Plan.
Co‑ordination of
Certain Pensions with
C.P.P. and O.A.S.
3 Section 3 of Schedule 1
applies with respect to the Plan, except that
(a) references
in it to Schedule 1 to the Act are to be treated as references to Schedule 2 of
it;
(b) the
reference in it to section 17(2) or (3) of Schedule 1 to the Act are to be
treated as a reference to section 17(1) or (2) of Schedule 2 to the Act.
Effective Date of
Commencement of Pension
4 Section 4 of Schedule 1
applies with respect to the Plan, except that
(a) references
in it to Schedule 1 to the Act are to be treated as references to Schedule 2 of
it;
(b) the
references in it to section 17(2) or (3) of Schedule 1 to the Act are to be
treated as references to section 17(1) or (2) of Schedule 2 to the Act.
Commencement of
Guaranteed Terms of Years
5 Section 5 of Schedule 1
applies with respect to the Plan.
Requirement of Evidence
6 Section 6 of Schedule 1
applies with respect to the Plan.
Forms
7 Section 7 of Schedule 1
applies with respect to the Plan, except that the reference in it to Schedule 1
to the Act is to be treated as a reference to Schedule 2 to the Act.
8 Section 8 of Schedule 1
applies with respect to the Plan, except that the reference in it to Schedule 1
to the Act is to be treated as a reference to Schedule 2 to the Act.
Form 1
Pension Partner’s Pension Waiver
I, (full
name of pension partner) , certify that I am the pension
partner (within the meaning of the Members of the Legislative Assembly
Pension Plan Act) of (full name of prospective
pensioner) (hereinafter called “the pensioner”) a
retiring participant of the Members of the Legislative Assembly Pension Plan
and have lived with the pensioner for a period that will be at least 5 years at
the date of commencement of the pension.
I understand that, in
accordance with section 21 of Schedule 2 to the Members of the Legislative
Assembly Pension Plan Act and if this form is not completed by me and
filed, the pensioner is deemed to have chosen a normal pension from the above
Plan which would guarantee, in the event of the death of my pension partner, a
pension payable to me in an amount equal to 3/4 of the pension which was
payable to him, and I am otherwise aware of my rights under that section.
I also understand that
I may waive my rights under section 21 of that Schedule to that Act, thereby
enabling the pensioner to choose a pension in an alternative form which may
provide me with no survivor benefit or a survivor benefit at a level of less
than 3/4.
I hereby so waive
those rights and consent to the pensioner’s choosing a pension from the above
Plan in a form which provides me with no survivor benefit or a survivor benefit
of less than 3/4.
I certify that this
form is being signed outside the immediate presence of the pensioner.
In witness whereof, I
hereby set my hand at
this
day of ,
20 in the presence of
Witness (Commissioner for
Pension Partner’s
Signature
Notary Public or Justice
of the
Peace) to the signature
of the
Declarant who signed this
form
before me outside of the
presence
of the Plan Participant.
Name
of Plan Participant
My appointment
terminates
on
S.I.N.
of Plan Participant
[NB Please print or
type names.]
Form 2
A decision has been
made on your pension file. If you are
aggrieved by the decision, the Members of the Legislative Assembly Pension
Plan Act permits you to appeal to the Members of the Legislative Assembly
Pension Plan Board.
However, an appeal
must be filed within 30 days from the date of the notification of the
decision. If you wish to appeal, you are
advised to complete and forward this form within that period. In order to assist, please describe briefly
the grounds for your appeal. You will
have a further opportunity to present your case more fully at a later date.
Notice
of Appeal
To: The Chairman
The Members
of the Legislative Assembly
Pension
Plan Board
12th Floor,
Legislature Annex
9718 ‑
107th Street
EDMONTON,
Alberta
CANADA T5K
2B6
Name:
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Surname
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Address:
Telephone
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Residence
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Code
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Business
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I wish to appeal the
decision made in my case by the Minister.
A copy of that decision is attached and forms part of this appeal. The grounds for my appeal are as follows:
Date
(Signature)
AR 52/92 s11;172/2003