1998 Legislative Session: 3rd Session, 36th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 30th day of July, 1998
Ian D. Izard, Law Clerk


HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR
MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

 

BILL 38 -- 1998

PENSION STATUTES AMENDMENT ACT (No. 2), 1998

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Legislative Assembly Allowances and Pension Act

1 Section 1 of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1996, c. 257, is amended

(a) by adding the following definition:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; , and

(b) by repealing the definition of "surviving spouse" and substituting the following:

"surviving spouse" means a person who was the spouse of a member immediately before the member's death; .

2 Section 22 (4) is amended by striking out "after the date of his or her marriage," and substituting "after the date the member has a spouse,".

3 Section 32 (2) (a) is amended by striking out "spouse and of their marriage;" and substituting "spouse;".

Pension (College) Act

4 Section 1 (1) of the Pension (College) Act, R.S.B.C. 1996, c. 353, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; .

5 Section 15 (2) is amended by adding "or there is filed with the commissioner a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect" after "specified by the commissioner".

6 Section 18 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

7 Section 19 (2) is amended

(a) in paragraph (a) by striking out "is unmarried," and substituting "does not have a spouse,", and

(b) in paragraph (b) by striking out "is married," and substituting "has a spouse,".

8 Section 20 is amended

(a) in subsection (5) by striking out "is divorced and remarried and, as a result of a written agreement or a court order made under" and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of", and

(b) in subsection (9) by striking out "is divorced and, as a result of a written agreement or court order" and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

Pension (Municipal) Act

9 Section 1 (1) of the Pension (Municipal) Act, R.S.B.C. 1996, c. 355, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; .

10 Section 17 (2) is amended by adding "or there is filed with the commissioner a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect" after "specified by the commissioner".

11 Section 20 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order under Part 5 or 6 of the Family Relations Act".

12 Section 21 (10) (a) is amended by striking out "is a married contributor," and substituting "has a spouse,".

13 Section 22 is amended

(a) in subsection (2) (a) (i) by striking out "contributor's last marriage," and substituting "contributor's last marriage or marriage-like relationship,",

(b) by adding the following subsection:

(5.1) With respect to a marriage-like relationship, subsection (2) (a) (ii) applies regardless of whether a nomination was made or a marriage-like relationship was established with the contributor before or after the date this subsection comes into force. ,

(c) in subsection (7) by striking out "is divorced and remarried and, as a result of a written agreement or a court order made under" and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of",

(d) in subsection (9) by striking out "is divorced and remarried and, as a result of a written agreement or court order," and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act," and by striking out "employee's last marriage" and substituting "employee's last marriage or marriage-like relationship", and

(e) in subsection (10) by striking out "is divorced and, as a result of a written agreement or court order," and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,".

Pension (Public Service) Act

14 Section 1 (1) of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; .

15 Section 18 (4) is amended by adding "or there is filed with the commissioner a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect" after "specified by the commissioner".

16 Section 25 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

17 Section 26 is amended in subsection (4) by striking out "is divorced and remarried and, as a result of a written agreement or a court order made under" and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of".

18 Section 29 is amended

(a) in subsection (3) by striking out "contributor's marriage," and substituting "contributor's marriage or marriage-like relationship was established with the contributor,",

(b) in subsection (4) by striking out "is divorced and remarried and, as a result of a written agreement or court order," and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,",

(c) by adding the following subsection:

(5.1) With respect to a marriage-like relationship, subsection (3) applies regardless of whether a nomination was made or a marriage-like relationship was established with the contributor before or after the date this subsection comes into force. , and

(d) in subsection (7) by striking out "is divorced and, as a result of a written agreement or court order," and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,".

Pension (Teachers) Act

19 Section 1 (1) of the Pension (Teachers) Act, R.S.B.C. 1996, c. 357, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; .

20 Section 16 (3) is amended by adding "or there is filed with the commissioner a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect" after "specified by the commissioner".

21 Section 19 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

22 Section 21 is amended

(a) by adding the following subsection:

(3.1) With respect to a marriage-like relationship, subsection (5) (a) applies regardless of whether a nomination was made or a marriage-like relationship was established with the contributor before or after the date this subsection comes into force. ,

(b) in subsection (5) (a) by striking out "employee's last marriage" and substituting "employee's last marriage or marriage-like relationship", and

(c) in subsection (8) by striking out "is divorced and, as a result of a written agreement or court order," and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,".


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