The Public Employees Pension Plan Regulations

Transcription

1 PUBLIC EMPLOYEES 1 The Public Employees Pension Plan Regulations being Chapter P-36.2 Reg 1 (effective July 1, 1997) as amended by Saskatchewan Regulations 84/2002, 98/2002, 36/2005 and 40/2006. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 PUBLIC EMPLOYEES Table of Contents 1 Title 2 Interpretation 2.1 Interpretation of Act 3 Participating employers and employees 4 Application of The Superannuation (Supplementary Provisions) Act 5 Voluntary contributions 6 Contributions re leave of absence 7 Contributions re disability income plan benefits 8 Transfers to plan 9 Small benefits 10 Prescribed pension benefits 10.1 Variable benefits 11 Beneficiaries 12 Attachments 13 Compliance with Income Tax Act (Canada) Appendix Table 1 Participating Employers

3 PUBLIC EMPLOYEES 3 CHAPTER The Public Employees Pension Plan Act Title 1 These regulations may be cited as The Public Employees Pension Plan Regulations. Interpretation 2 In these regulations: (a) Act means The Public Employees Pension Plan Act; (b) locked-in retirement account means a locked-in retirement account contract as defined in section 29 of The Pension Benefits Regulations, 1993; (c) registered retirement savings plan means a registered retirement savings plan as defined in section 146 of the Income Tax Act (Canada); (d) year s maximum pensionable earnings means the Year s Maximum Pensionable Earnings as defined in the Canada Pension Plan. 27 Jne 97 cp-36.2 Reg 1 s2. Interpretation of Act 2.1 For the purposes of clause 13(2)(a) of the Act, sickness or disability, in relation to a member, means suffering from a physical or mental impairment that prevents the member from performing the duties of the employment in which the member was engaged before the commencement of the impairment. 6 Sep 2002 SR 84/2002 s3. Participating employers and employees 3(1) For the purposes of subsection 10(1) of the Act: (a) the following employers are designated as participating employers with respect to the category of employees described in clause (b): (i) district health boards established or deemed to have been established pursuant to The Health Districts Act; (ii) (iii) (iv) (v) (vi) Saskatchewan Government Insurance; Saskatchewan Trade and Export Partnership Inc.; University of Saskatchewan; Wakamow Valley Authority; Wascana Energy Inc.; and

4 4 PUBLIC EMPLOYEES (b) the employees of the employers set out in clause (a) who, on the day before these regulations come into force, are members of the Public Employees (Government Contributory) Superannuation Plan and are entitled to make contributions to that plan are designated as employees who are entitled to be members of the plan. (2) For the purposes of subsection 10(1) of the Act: (a) the employers set out in Table 1 of the Appendix are designated as participating employers with respect to the categories of employees described in clause (b); and (b) the following categories of employees of the employers set out in Table 1 of the Appendix are designated as employees who are entitled to be members of the plan: (i) employees who, on the day before these regulations come into force, are members of the Public Employees (Government Contributory) Superannuation Plan or are entitled to be members of that plan; (ii) permanent and non-permanent employees who are hired on or after the day on which these regulations come into force; (iii) employees who are entitled to participate in The Additional Pension Contribution Program established, operated, administered and managed by the Public Employees Benefits Agency pursuant to The Financial Administration Act, 1993; (iv) employees with respect to whom an agreement has specified the amount of contributions to be made to the plan. (3) For the purposes of subsection 10(1) of the Act: (a) the following employers are designated as participating employers with respect to the categories of employees described in clause (b): (i) DirectWest Publishers Ltd.; (ii) New Careers Corporation; and (b) the following categories of employees of the employers set out in clause (a) are designated as employees who are entitled to be members of the plan: (i) employees who, on the day before these regulations come into force, are members of the Public Employees (Government Contributory) Superannuation Plan or are entitled to be members of that plan; (ii) permanent and non-permanent employees who are hired on or after the day on which these regulations come into force and who: (A) are members of a trade union that bargains collectively on behalf of the employees; or (B) are not members of another pension plan. 27 Jne 97 cp-36.2 Reg 1 s3; 22 Nov 2002 SR 98/ 2002 s3.

5 PUBLIC EMPLOYEES 5 Application of The Superannuation (Supplementary Provisions) Act 4 For the purposes of subsection 10(4) of the Act, section 47.5 of The Superannuation (Supplementary Provisions) Act applies to members of the plan. 27 Jne 97 cp-36.2 Reg 1 s4. Voluntary contributions 5(1) Where the amount standing to the credit of a member is vested pursuant to section 18 of the Act, the member may make voluntary contributions in any of the following ways: (a) by lump sum transfer from a registered retirement savings plan or from a locked-in retirement account; (b) by payroll deduction; (c) by transfer from a pension plan pursuant to section 15 of the Act. (2) Where the amount standing to the credit of a member is not vested pursuant to section 18 of the Act, the member may apply to the board to make voluntary contributions in any manner that the board specifies. 27 Jne 97 cp-36.2 Reg 1 s5. Contributions re leave of absence 6(1) A member described in subsection 14(1) of the Act may make contributions to the plan on returning to work after a leave of absence in any of the following ways: (a) by lump sum transfer from a registered retirement savings plan or from a locked-in retirement account; (b) by lump sum payment by personal cheque; (c) by payroll deduction for a period of time equal to the period of leave or for a period agreed on by the board. (2) A lump sum transfer, a lump sum payment or the first payment by payroll deduction pursuant to subsection (1) must be made not later than 90 days after the member returns to work. 27 Jne 97 cp-36.2 Reg 1 s6. Contributions re disability income plan benefits 7 A member described in subsection 14(2) of the Act shall remit the contributions required by that subsection to the board not later than the fifteenth day of the month that follows the month with respect to which the contributions are made. 27 Jne 97 cp-36.2 Reg 1 s7.

6 6 PUBLIC EMPLOYEES Transfers to plan 8(1) Any amount transferred to the plan pursuant to section 15 of the Act that is locked in immediately before the transfer remains locked in. (2) Any amount transferred to the plan pursuant to section 16 of the Act is locked in. 27 Jne 97 cp-36.2 Reg 1 s8. Small benefits 9 The board may pay to a person entitled to a pension benefit an amount equal to the amount standing to the credit of a member if the amount standing to the credit of the member does not exceed the maximum amount determined pursuant to subsection 39(1) of The Pension Benefits Act, May 2006 SR 40/2006 s3. Prescribed pension benefits 10 For the purposes of clause 5(e.1) of the Act, a variable benefit that meets the requirements of section 10.1 is a prescribed pension benefit that the board may provide. 19 May 2006 SR 40/2006 s4. Variable benefits 10.1(1) In this section: (a) variable benefit means a pension benefit that: (i) is payable from a variable benefit account to a member or to the specified beneficiary of a deceased member; (ii) with respect to a calendar year, is in an amount elected by the member that is not less than the minimum amount determined for that calendar year; (iii) meets the requirements of paragraph 8506(1)(e.1) of the Income Tax Regulations (Canada); and (iv) meets the requirements of section 29.2 of The Pension Benefits Regulations, 1993; (b) variable benefit account means the amount standing to the credit of a member with respect to which the member has elected to receive a variable benefit. (2) Subject to subsection (3), a member may elect to receive a variable benefit from the plan by transferring the amount standing to the credit of the member in the fund to a variable benefit account.

7 PUBLIC EMPLOYEES 7 (3) The amount standing to the credit of a member in the fund shall not be transferred to a variable benefit account unless: (a) the member: (i) ceases to be employed by a participating employer; (ii) is entitled to retire and receive a prescribed pension benefit; and (iii) subject to subsections (4) and (5), designates a beneficiary; (b) the amount standing to the credit of the member in the fund is greater than the maximum amount mentioned in section 9; and (c) the member s spouse has signed a consent to the transfer in Form 2.01 pursuant to The Pension Benefits Regulations, 1993 and the consent has been filed with the board. (4) Subject to subsection (5), a member may revoke a designation of a beneficiary by designating a different beneficiary. (5) If a member who elects to receive a variable benefit has a spouse, the beneficiary must be the spouse unless a spouse s waiver in Form 2.02 pursuant to The Pension Benefits Regulations, 1993 has been signed by the spouse and filed with the board. (6) Subject to subsections (7) and (8), at any time after a member elects to receive a variable benefit: (a) the member may, to the extent permitted pursuant to the Income Tax Act (Canada), transfer from the member s variable benefit account all or any part of the amount standing to the credit of the member in the variable benefit account to any plan, fund or contract that permits the transfer if the member s spouse has consented to the transfer; and (b) if there is an amount standing to the credit of the member in the variable benefit account, the member may, to the extent permitted pursuant to the Income Tax Act (Canada), transfer to the variable benefit account all or any part of an amount standing to the credit of the member in any plan, fund or contract that permits the transfer if the member s spouse has consented to the transfer. (7) If, after electing to receive a variable benefit, a member becomes employed by a participating employer, during the period of that employment, the member: (a) shall make contributions to the fund in accordance with section 11 of the Act with respect to that employment; and (b) is not entitled to transfer any amount standing to the credit of the member in the fund into the variable benefit account.

8 8 PUBLIC EMPLOYEES (8) After a member s employment with a participating employer mentioned in subsection (7) terminates, the member shall transfer the amount standing to the credit of the member in the fund: (a) to the variable benefit account; (b) to the extent permitted by the Income Tax Act (Canada), to any plan, fund or contract that permits the transfer if the member s spouse has consented to the transfer; or (c) in portions determined by the member, to any combination of the variable benefit account and plans, funds and contracts described in clause (b). (9) For the purpose of dividing a variable benefit on the breakdown of the spousal relationship of a member, each reference in section 24 of the Act to the amount standing to the credit of the member is a reference to the amount standing to the credit of the member in the variable benefit account. (10) After the death of a member who has elected to receive a variable benefit: (a) if the member had a specified beneficiary, the variable benefit is to be paid to the specified beneficiary in accordance with the Income Tax Regulations (Canada); or (b) if the member did not have a specified beneficiary, the amounts that may be paid out of the variable benefit account are to be paid: (i) (ii) to the designated beneficiary of the member; or if there is no designated beneficiary, to the estate of the member. 19 May 2006 SR 40/2006 s5. Beneficiaries 11 On the death of a member, a beneficiary must provide the board with the following documents, in addition to any other requirements established by the Act or the regulations, in order to establish the beneficiary s entitlements pursuant to the Act: (a) a notarial copy of the death certificate; (b) if the beneficiary is a spouse within the meaning of subclause 2(m)(i) of the Act, a notarial copy of the marriage certificate; (c) if the beneficiary is a spouse within the meaning of subclause 2(m)(ii) of the Act, a statutory declaration setting out the facts establishing the relationship of the beneficiary and the deceased member; (d) if the deceased member was divorced, the original certificate or decree of divorce or a copy that is notarized or certified by the proper official of the court that issued the certificate or decree; (e) if the beneficiary is not a spouse, a statutory declaration setting out the facts establishing the identity of the beneficiary. 27 Jne 97 cp-36.2 Reg 1 s11.

9 PUBLIC EMPLOYEES 9 Attachments 12 For the purposes of clause 23(3)(b) of the Act, the cost of complying with an attachment is deemed to be $ Jne 97 cp-36.2 Reg 1 s12. Compliance with Income Tax Act (Canada) 13(1) Subsections 13(1) and 20(4) of the Act are declared to be inoperative to the extent that is necessary in order to comply with the Income Tax Act (Canada). (2) In order to comply with the Income Tax Act (Canada), subsections 13(1) and 20(4) of the Act are to be administered as if the reference in each subsection to the age of 71 years were a reference to the age of 69 years. 27 Jne 97 cp-36.2 Reg 1 s13. Appendix TABLE 1 [Subsection 3(2)] Participating Employers Agricultural Implements Board Battlefords Concern for Youth, Inc. The Battlefords Interval House Society Bridge House Inc. Carmel House Inc. Catholic Family Services of Prince Albert Inc. DirectWest Publishing Partnership Farm Land Security Board Farm Tenure Arbitration Board Government of Saskatchewan with respect to: (a) members of the public service, as defined in The Public Service Act, 1998; (b) ministerial assistants, as defined in The Ministerial Assistant Employment Regulations, 1993; (c) holders of the following positions: (i) Assistant Chief Electoral Officer; (ii) Chief Electoral Officer; (iii) Children s Advocate; (iv) Clerk of the Legislative Assembly; (v) Conflict of Interest Commissioner; (vi) Deputy Rentalsman;

10 10 PUBLIC EMPLOYEES (vii) Information and Privacy Commissioner; (viii) Ombudsman; (ix) Provincial Auditor; (x) Rentalsman; (xi) traffic justices appointed pursuant to The Traffic Safety Court of Saskatchewan Act, Information Services Corporation of Saskatchewan Legislative Assembly Office Liquor and Gaming Authority The Lung Association of Saskatchewan Inc. MacKenzie Infant Care Centre Inc. Meewasin Valley Authority Melfort Group Homes Society Inc. Milk Control Board Municipal Financing Corporation of Saskatchewan NDP Caucus Office North East Crisis Intervention Centre, Inc. NorthPoint Energy Solutions, Inc. Office of the Provincial Auditor Office of the Rentalsman Pacific Regeneration Technologies Inc. Power Greenhouses Inc. Prairie Agricultural Machinery Institute Prairie Diagnostic Services Inc. Provincial Mediation Board Public Employees Pension Board Regina Transition Women s Society St. Louis Alcoholism Rehabilitation Centre Sask Pork Saskatchewan Archives Board Saskatchewan Arts Board

11 PUBLIC EMPLOYEES 11 Saskatchewan Assessment Management Agency Saskatchewan Cancer Foundation Saskatchewan Centre of the Arts Saskatchewan Communications Network Corporation Saskatchewan Crop Insurance Corporation Saskatchewan Film and Video Development Corporation Saskatchewan Health Information Network Saskatchewan Institute of Applied Science and Technology Saskatchewan Legal Aid Commission Saskatchewan Municipal Board Saskatchewan Party Caucus Saskatchewan Pension Plan Board of Trustees Saskatchewan Police Commission with respect to: (a) its employees employed pursuant to section 7 of The Police Act, 1990 (b) the complaints investigator appointed pursuant to section 16 of The Police Act, 1990 Saskatchewan Power Corporation Saskatchewan Property Management Corporation Saskatchewan Telecommunications Saskatchewan Telecommunications Holding Corporation Saskatchewan Telecommunications International, Inc. Saskatoon Association for Community Living Inc. Saskatoon Downtown Youth Centre Inc. Saskatoon Friendship Inn SaskEnergy Incorporated SaskEnergy International Incorporated SaskPower International Inc. SCEP Centre Society (Regina) SecurTek Monitoring Solutions Inc. Self Help and Recreation - Education P.A. Incorporated SMILE Services Inc. South Saskatchewan River Irrigation District No. 1 SPI Marketing Group Inc. Thunder Creek Rehabilitation Association Inc. Tourism Authority

12 12 PUBLIC EMPLOYEES TransGas Limited Victoria House Violence Intervention Program, Southeast Saskatchewan Inc. Wanuskewin Heritage Park Authority Wascana Centre Authority Water Appeal Board Western Development Museum The Workers Compensation Board. 22 Nov 2002 SR 98/2002 s4; 29 Apr 2005 SR 36/ 2005 s3. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2006