1998/99 Legislative Session: 3rd Session, 36th Parliament
THIRD READING


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


BILL 95 -- 1999

PUBLIC SECTOR PENSION PLANS ACT

. . . continued . . .

 

Schedule D

Teachers' Pension Plan

Definitions

1 In this Schedule:

"board" means the Teachers' Pension Board established under section 3;

"investment management corporation" has the same meaning as in section 1 (1) of the Act;

"partners" means the plan employer partner and the plan member partner;

"pension corporation" has the same meaning as in section 1 (1) of the Act;

"pension fund" means the Teachers' Pension Fund continued under section 9;

"pension plan" means the Teachers' Pension Plan continued under section 2 (1);

"pension plan rules" means the regulations made under section 16 (1);

"plan administrator" means the pension corporation;

"plan employer partner" means the government;

"plan member" has the same meaning as in section 1 (1) of the Act;

"plan member partner" means the British Columbia Teachers' Federation.


Part 1 -- Teachers' Pension Plan

Teachers' Pension Plan continued

2 (1) The plan provided for by and under the Pension (Teachers) Act is continued as the Teachers' Pension Plan under this Schedule and the pension plan rules.

(2) An employer to whom the Pension (Teachers) Act applied immediately before the coming into force of this section, continues to be an employer, and those eligible employees of that employer continue to be plan members, under the Teachers' Pension Plan.

(3) A person who, immediately before the coming into force of this section, was a plan member under the Pension (Teachers) Act continues to be a plan member under the Teachers' Pension Plan.

(4) Any rights vested in each plan member or beneficiary under the plan provided for by and under the Pension (Teachers) Act continue to apply to the plan member or beneficiary, in the same manner and to the same extent, under the Teachers' Pension Plan.

(5) The fiscal year end of the pension plan is December 31, or any other date that the board may establish as the fiscal year end for the pension plan.

Teachers' Pension Board established

3 (1) There is established a Teachers' Pension Board comprising 7 members appointed by the Lieutenant Governor in Council as follows:

(a) 3 persons nominated by the government, to be known as the plan sponsor representatives;

(b) 3 persons nominated by the executive of the British Columbia Teachers' Federation, to be known as the plan member representatives;

(c) one person nominated by the government and designated in the appointment as chair of the board.

(2) A party that makes a nomination under subsection (1) may nominate an alternate person and, if the member appointed under subsection (1) is unable to act, that alternate person, upon appointment by the Lieutenant Governor in Council, is authorized to act in the first appointee's place.

(3) Each member appointed under subsection (1) (a) and (b) or (2) has one vote.

(4) An appointment to the board may be made for a term not exceeding 2 years, and the appointment may be renewed or extended.

(5) An appointment to the board may, on the recommendation of the party that nominated the member, be rescinded by the Lieutenant Governor in Council.

(6) The chair of the board is the trustee of the pension fund.

(7) The board must determine whether the chair has a vote and, if so, whether the chair is entitled to a second or casting vote.

(8) Subject to subsections (9) and (10), a quorum of the board is a majority of the members of the board.

(9) A quorum requires

(a) one representative of the government, and

(b) one representative of the British Columbia Teachers' Federation.

(10) The board may, by unanimous agreement of all of the members of the board, change a requirement of subsection (8) or (9).

(11) Each member of the board must be a permanent resident of Canada.

(12) The board may, from the pension fund, pay

(a) to a member of the board or a person appointed to a committee of the board an allowance for reasonable travel and other expenses necessarily incurred in carrying out the business of the board,

(b) to a member of the board or a person appointed to a committee of the board, if the member or person is not receiving remuneration from any other source for acting as a member or on a committee, remuneration that has been set by the board and is consistent with Treasury Board guidelines, and

(c) to an organization, if the organization is the source of remuneration paid to a member of the board or person appointed to a committee of the board, remuneration for the services of the member or person at the rate set by the board under paragraph (b).

Legal capacity of the board

4 (1) For the purposes of this Schedule, the board may

(a) retain the services of persons, and

(b) enter into agreements.

(2) The board has the necessary legal capacity to sue and be sued in its own name for the purposes of a matter arising under this Schedule or the pension plan rules.

(3) The board, on behalf of the pension fund, may recover and enforce contributions, deductions and any interest payments that should have been made or are due to the pension fund by action in any court in the name of the board as a debt due to the board and, in that case, the Limitation Act does not apply.

Powers, functions and duties of the board

5 (1) The board is responsible for the administration of the pension plan.

(2) The board must do all of the following:

(a) subject to Treasury Board approval respecting any of the matters described in subsection (3) (b), make recommendations to the Lieutenant Governor in Council respecting the pension plan rules, or any amendments to the pension plan rules, made under section 16;

(b) submit to Treasury Board and to the minister an annual report on the operation of the board, the pension plan and the pension fund;

(c) review reports on the investment of the pension fund;

(d) direct the plan administrator respecting

(i) the application of the pension plan rules,

(ii) the negotiation of agreements on behalf of the board with a person, class of persons or body, including agreements which may differ from the pension plan rules, respecting

(A) portability of pension benefits,

(B) pension-based early retirement incentive programs,

(C) continuation of pension plan membership in the case of employer merger or reorganization,

(D) provision of benefits in addition to those provided for in the pension plan rules,

(E) reporting requirements on behalf of employers under the Income Tax Act (Canada), and

(F) any other agreements the board considers to be advisable, and

(iii) the implementation of any agreements entered into by the board;

(e) establish the practice and procedure for appeals to the board;

(f) approve, in whole or in part and with or without modifications, the annual budget for pension administration and investment activities;

(g) carry out other prescribed duties and responsibilities.

(3) The board may do any of the following:

(a) make recommendations to the minister respecting amendments to this Schedule and, before enactment, review any amendments to this Schedule;

(b) make recommendations to Treasury Board respecting

(i) changes in benefits,

(ii) funding policies for the pension plan,

(iii) contribution rates, and

(iv) modifications to the pension plan;

(c) make recommendations to the Minister of Finance and Corporate Relations and the trustee respecting the investment of the pension fund;

(d) report to plan members on issues related to the pension plan;

(e) establish rules, procedures and methods for board operations.

(4) The board may

(a) pass resolutions it considers necessary or advisable to manage and conduct its own affairs and to exercise the board's powers and perform its duties,

(b) establish committees or panels of the board, and may determine the composition, duties, responsibilities, limitations and operating procedures of those committees or panels,

(c) appoint persons other than members of the board to a committee or panel referred to in paragraph (b), and may set the term of appointment to the committee or panel that applies to those persons,

(d) nominate members of the board to the boards of the pension corporation and the investment management corporation, and

(e) rescind an appointment made under paragraph (c).

Plan administration and investment

6 (1) The board must retain the services of the pension corporation to carry out the board's responsibilities respecting the administration of the pension plan.

(2) Subject to section 12 (2), the trustee may retain the services of the investment management corporation to carry out the trustee's responsibilities respecting the investment of the assets of the pension fund.

(3) The trustee must ensure that the plan administrator keeps

(a) an account of all money received and paid out of the pension fund,

(b) an account of the assets and liabilities of the pension fund, and

(c) an individual record of contributions made by each plan member.

Appeals to the board

7 (1) A person or organization directly affected by a decision of the plan administrator in the application of the pension plan rules may, by written notice to the board, appeal all or part of the decision in accordance with the practice and procedure for appeals to the board.

(2) The board must ensure that each appeal is dealt with promptly and efficiently.

(3) The board may establish a panel consisting of one or more persons, as determined by the chair, to consider appeals.

(4) If a panel consists of more than one person, the chair must preside over the panel or designate the person who is to chair the panel.

(5) For an appeal referred to a panel,

(a) the panel has all the jurisdiction and may exercise the powers and perform the duties of the board, and

(b) a decision or order of the panel is a decision or order of the board.

(6) The board or panel must confirm, vary or reverse the decision, order or ruling being appealed.

(7) For the purposes of this section, the board and each of its members, or a panel of the board and each person on the panel, has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

Indemnification

8 (1) The pension fund may indemnify a person who is a member of the board or a person appointed to a committee or a panel under section 5 (4) (c), or a former member of the board or committee or panel member, against all costs, charges and expenses actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a board member or committee or panel member, and including an action brought by the board, if

(a) the board member or committee or panel member acted in good faith, and

(b) in the case of a criminal action or proceeding, the board member or committee or panel member had reasonable grounds for believing that his or her conduct was lawful.

(2) The board may purchase and maintain, for the benefit of the board or a board member or committee or panel member referred to in subsection (1), or any of them, insurance against liability incurred by the board or by the board member or committee or panel member.

Teachers' Pension Fund continued

9 (1) The Teachers' Pension Fund continued under the Pension (Teachers) Act is continued under this Schedule.

(2) The pension fund consists of the cash, investments and other assets held by the trustee.

(3) The contributions from the employers and plan members and the net income from investments and other sources must be paid into the pension fund.

(4) Benefits and disbursements payable under this Schedule and the pension plan rules must be paid from the pension fund and, for this purpose, the pension fund must be considered one and indivisible.

(5) The following fees, expenses and disbursements, as are reasonably necessary and approved by the board, must be paid from the pension fund:

(a) the fees, expenses and disbursements of the board incurred in administering the pension plan;

(b) the fees, expenses and disbursements of the trustee with respect to the pension fund;

(c) the fees, expenses and disbursements of, and amounts requisitioned by, the pension corporation and the investment management corporation, or other investment managers, to operate and administer the pension plan and to manage the pension fund;

(d) any other expenses incurred in the administration of this Schedule and the pension plan rules.

Financial administration

10 The trustee must provide for the financial administration of the pension plan by

(a) establishing an accounting system which ensures that there is proper reporting and accountability to the board in a timely manner and at a reasonable cost,

(b) having annual financial statements of the pension plan prepared in accordance with generally accepted accounting principles,

(c) having an audit performed on the financial statements referred to in paragraph (b), and

(d) providing to the Minister of Finance and Corporate Relations an annual report on the pension plan, including the audited financial statements.

Investments and records

11 (1) The plan administrator must advise the trustee of the sums of money available for investment.

(2) The trustee must keep accounts and records in a form specified by the Minister of Finance and Corporate Relations.

Investment by trustee

12 (1) The trustee must cause all money available for investment to be invested in accordance with subsection (2).

(2) The trustee may

(a) subject to the prior approval in writing of the Minister of Finance and Corporate Relations,

(i) invest the money in investments permitted for a pension plan registered in compliance with the Pension Benefits Standards Act,

(ii) exchange an investment made under subparagraph (i) for another investment permitted under that subparagraph, and

(iii) realize an investment held under this paragraph, or

(b) place the money with the investment management corporation for funds management services.

Appointment of an actuary

13 (1) The board must engage the services of an actuary for the purposes of this Schedule and the pension plan rules.

(2) The actuary must

(a) make all actuarial reports and computations required by the board,

(b) make actuarial valuations of assets and liabilities under this Schedule and the pension plan rules when requested by the board, and

(c) report to the board the results of each actuarial valuation.

(3) Despite subsection (2) (b), actuarial valuations must be made at least once in each 3 year period.

(4) Any amount paid to the actuary for his or her services is an expense incurred in the administration of this Schedule and the pension plan rules.

Appointment of an auditor

14 (1) At least once in each year the financial statements of the pension plan, including the accounts of the board and the trustee, must be audited by the Auditor General or by an auditor appointed by the Lieutenant Governor in Council for that purpose.

(2) The salary or remuneration of an auditor appointed by the Lieutenant Governor in Council must be paid by the government.

Surplus and unfunded liabilities

15 (1) If an actuarial valuation, completed by an actuary in accordance with the requirements of section 13, discloses that

(a) there has been an increase in the unfunded actuarial liability for the pension plan when measured on a statutory basis as a percentage of payroll,

(b) the increase has occurred since the immediately preceding actuarial valuation, and

(c) the unfunded actuarial liability for the plan when measured on a statutory basis as a percentage of payroll is greater than 50%,

then additional employer contributions determined by the actuary as sufficient to

(d) meet the normal costs of the pension plan, and

(e) reduce the amount of the unfunded actuarial liability expressed as a percentage of payroll to 50% over a period not exceeding 35 years

must be paid to the pension fund in a manner prescribed by the Lieutenant Governor in Council.

(2) If an actuarial valuation, completed by an actuary in accordance with the requirements of section 13, discloses that

(a) there has been an increase in the unfunded actuarial liability for the pension plan when measured on a statutory basis as a percentage of payroll,

(b) the increase has occurred since the immediately preceding actuarial valuation, and

(c) the unfunded actuarial liability for the plan when measured on a statutory basis as a percentage of payroll is 50% or less,

then additional employer contributions determined by the actuary as sufficient to

(d) meet the normal costs of the pension plan,

(e) hold the unfunded actuarial liability constant as a percentage of payroll, and

(f) amortize the identified increase in the unfunded actuarial liability over a period not exceeding 15 years

must be paid to the pension fund in a manner prescribed by the Lieutenant Governor in Council.

(3) If an actuarial valuation, completed by an actuary in accordance with the requirements of section 13, discloses that

(a) a surplus has been created or an existing surplus has been increased, and

(b) the surplus or the increase has occurred since the immediately preceding actuarial valuation,

then employer contributions may be reduced by an amount determined by the actuary as sufficient to amortize the identified surplus or increase over a period of at least 15 years.

Regulations establishing the pension plan rules

16 (1) The Lieutenant Governor in Council may, on the recommendation of the board, make regulations, applicable generally or to a specified person or class of persons, prescribing the pension plan rules, including, without limitation, regulations as follows:

(a) respecting the pension fund, the funding for and payment from different accounts and the establishment of different accounts for different purposes within the pension fund, including

(i) an account for basic pension benefits provided within the Income Tax Act (Canada) maximums for a registered pension plan,

(ii) an account for pension indexing,

(iii) an account for supplemental benefits not paid from the other accounts, and

(iv) an account for retirement annuities;

(b) governing employer and employee eligibility to participate in the pension plan, including any information required to establish the status of employers and the enrollment of particular employees as members, and providing for continuity of service on transfer between different employers, and providing differently for different employee groups;

(c) prescribing employer and plan member contributions to the pension fund, including

(i) prescribing different rates for different circumstances, and the timing and reporting of contributions,

(ii) prescribing what constitutes the salary of a plan member for the purposes of determining contributions,

(iii) imposing restrictions on access to amounts contributed to the pension fund and interest on those amounts, including restrictions on demanding or enforcing payment, and

(iv) prescribing contribution limits;

(d) respecting pensionable service, including

(i) prescribing requirements for calculating annual service accrual for full time and less than full time employment,

(ii) the terms and conditions respecting the recognition of periods of short term and long term disability, and

(iii) restricting recognition of pensionable service on partial payment of arrears;

(e) respecting contributory service, including

(i) prescribing requirements for calculating service accrual for full time and less than full time employment,

(ii) the terms and conditions respecting the recognition of periods of short term and long term disability,

(iii) the terms and conditions respecting the recognition of periods of child rearing, and

(iv) recognition of contributory service on payment or partial payment of arrears;

(f) respecting the purchase of service, including specifying the terms and conditions for the purchase of service, and amounts to be paid and by whom, for periods of

(i) leave of absence,

(ii) service that can be reinstated,

(iii) service during which the plan member was not eligible to make contributions or elected not to make contributions, and

(iv) any other service approved by the board, including service with any employer, whether or not the employer is an employer under this Schedule;

(g) prescribing the earliest retirement age, pensionable age, normal retirement age or latest retirement age applicable to any plan member or group or class of plan members;

(h) respecting benefits, including

(i) the eligibility and entitlement to receive a benefit and the criteria and methods for determining a benefit,

(ii) the calculation of the highest average salary,

(iii) the calculation of the benefit amount on termination of membership, pre-retirement death, disability retirement, early retirement, normal retirement, late retirement, shortened life expectancy and death, and prescribing available options for receiving pension benefits,

(iv) the nature of a benefit, whether pre-retirement, on retirement or post retirement, including spousal benefits, the protection of spousal benefits, the nomination of beneficiaries, a change of beneficiaries or benefit selection, minor beneficiaries, spousal waivers and the nomination of a beneficiary on marriage breakdown,

(v) post retirement group benefits, and the type and level of benefits, entitlement to benefits, terms and conditions of how benefits are provided and funded, and how and by whom they are funded, and

(vi) supplemental benefits, including

(A) benefit calculations and available options for receipt of those benefits with reference to the Income Tax Act (Canada),

(B) the terms and conditions of how those benefits are to be provided, funded and paid, and by whom they are funded, and

(C) the indexing of supplemental benefits;

(i) establishing the terms and conditions for pension indexing, including

(i) the eligibility and entitlement to receive indexing and the criteria and methods for determining indexing, and

(ii) determining the highest average salary for long term disability, deferred pensions and pensions for members with less than full time employment;

(j) respecting the manner of making an application for, and the granting or continuation of, benefits, supplemental benefits and disability benefits, including the information required and the form of proof required for that information;

(k) respecting applications for monthly pension benefits, including

(i) requirements for filing applications,

(ii) the effective date for monthly pension benefits on late filing of applications, and

(iii) exceptions for persons incapable of managing their affairs or other sufficient reason;

(l) respecting the requirements for filing written agreements and court orders made under Parts 5 and 6 of the Family Relations Act, or similar orders of a court outside British Columbia that are enforceable in British Columbia and, in case of late filing, whether or not adjustments are required;

(m) respecting the methodology and assumptions for any calculations required to administer the pension plan;

(n) establishing general administrative requirements and imposing administrative obligations on employers;

(o) prescribing administrative penalties or the payment of interest by employers, plan members or the pension plan in the case of delay or noncompliance;

(p) exempting a person or class of persons, or allowing the board to exempt a person or class of persons, with or without conditions, from any provision of the pension plan or pension plan rules;

(q) defining any word or expression used in this Schedule or in the regulations;

(r) providing for any matter necessary or advisable to carry out effectively the intent and purposes of this Schedule.

(2) In making a regulation under this Schedule, the Lieutenant Governor in Council may delegate a matter to a person or the board and confer a discretionary power on a person or the board.

(3) The Lieutenant Governor in Council may, on the recommendation of the board, amend, repeal or replace the pension plan rules made under subsection (1).

Application of pension plan rules

17 The following conditions apply to, and are deemed to be included in, the pension plan rules:

(a) if, on the death of a plan member, a benefit becomes payable to

(i) the spouse of the plan member if there is a spouse and a valid spousal waiver has not been filed with the plan administrator, or

(ii) the person nominated by the plan member as beneficiary if there is no spouse or a valid spousal waiver has been filed with the plan administrator,

the amount

(iii) is not subject to the control of the creditors of the deceased plan member, and

(iv) does not form part of the estate of the plan member;

(b) if, on the death of a plan member, a benefit becomes payable to his or her estate or to the personal representative of the deceased plan member, the benefit forms part of the estate of the plan member and is subject to the control of the creditors;

(c) if, on the death of a plan member, a benefit becomes payable to a minor, the benefit must be paid to the Public Trustee, in trust for the minor, for payment to the minor on reaching the age of 19 years;

(d) a pension or refund of any amount to the credit of any plan member in the pension fund may not be assigned, charged, attached, anticipated or given as security, and any instructions purporting to assign, charge, attach, anticipate or give as security a pension or refund are void;

(e) nothing in the pension plan impairs or affects the rights of an employer to remove or dismiss a person from service.


Part 2 -- Joint Trusteeship

Joint management agreement

18 (1) In this section "agreement" means the joint management agreement referred to in subsection (2).

(2) The partners may enter into a unanimous joint management agreement that provides for, but is not limited to, all of the following:

(a) the continuation of the pension plan and the pension fund for the benefit of the plan members;

(b) the joint management of the pension plan and the pension fund;

(c) establishing who will manage the agreement;

(d) the establishment of an arrangement to hold and invest the pension fund;

(e) the composition of the board of trustees of the pension plan, including the appointment of trustees and the delineation of their powers, functions and duties;

(f) the sharing by employers and plan members of gains or surplus and of liability for deficiencies in the pension fund;

(g) the method for amending the pension plan by the agreement of the partners;

(h) the resolution of disputes;

(i) any other matter on which agreement is reached.

(3) The partners must establish appropriate mechanisms whereby the views and interests of the plan members who are

(a) non-unionized employees, and

(b) retirees,

are fairly represented in the negotiation of the agreement.

(4) The pension plan continued under the agreement must provide for all of the following:

(a) employer and employee eligibility to participate in the pension plan;

(b) employer and plan member contributions to the pension fund;

(c) pensionable service, including the calculation of pensions, purchase of service, reinstatement and portability;

(d) eligibility to receive a benefit and the determination of the amount of that benefit;

(e) benefits on termination, early retirement, normal retirement, late retirement, disability retirement and pre-retirement death;

(f) post retirement group benefits;

(g) pension indexing;

(h) general administrative requirements;

(i) supplemental benefits;

(j) continued recognition of any rights vested in a plan member or beneficiary, in the same manner and to the same extent as provided under the pension plan;

(k) any matter necessary or advisable to establish the pension plan rules, including those matters described in section 16 (1).

(5) The partners must ensure that

(a) the money of the pension fund is invested or loaned in the best financial interests of the plan members and, in doing that, must

(i) exercise the care, diligence and skill that a person of ordinary prudence would exercise when dealing with the property of another person, and

(ii) ensure that the investments and loans are made in accordance with the requirements of the provisions of the Pension Benefits Standards Act and other regulatory requirements,

(b) the plan administrator keeps an account of all money received and paid out of the pension fund and keeps an accounting of the assets and liabilities of the pension fund, and

(c) the plan administrator keeps an individual record of contributions made by each plan member.

(6) Either of the partners may initiate discussions respecting the agreement.

(7) Despite subsection (2), the non-unionized employees and the retirees not represented by the partners may benefit from and be subject to the agreement and the partners have the power to enter into the agreement on behalf of those persons and, if entered into, the agreement is binding on those persons.


Part 3 -- Transitional

Transitional -- validation of existing calculations

19 All benefit calculations based on the rules that were in effect at the time of the calculation under the Pension (Teachers) Act and the regulations to that Act are deemed to have been validly made for the purposes of this Schedule.

Transitional -- agreements

20 This Schedule continues to apply to all agreements made under the Pension (Teachers) Act that were in effect on the date of the repeal of that Act, as if those agreements had been made by the board under the authority of this Schedule.

Transitional -- regulations

21 The Lieutenant Governor in Council may, on the recommendation of the board, make regulations that are necessary or advisable for meeting or removing any difficulty arising out of the transition from the Pension (Teachers) Act repealed by this Act, and for preserving and giving effect to the rights of all persons accrued or accruing under the Pension (Teachers) Act except as those rights are expressly varied by this Schedule, and the regulations may be made to apply generally or to a particular case.


Consequential Amendments and Repeals

Agricultural Land Commission Act

30 Section 8 (3) of the Agricultural Land Commission Act, R.S.B.C. 1996, c. 10, is repealed.


Assessment Authority Act

31 Section 15 of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is repealed.


Auditor General Act

32 Section 4 of the Auditor General Act, R.S.B.C. 1996, c. 23, is repealed and the following substituted:

Pension

4 (1) Subject to subsections (2) and (3), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the Auditor General.

(2) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as Auditor General must be counted as 1 1/2 years of pensionable service.

(3) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.


British Columbia Buildings Corporation Act

33 Section 6 of the British Columbia Buildings Corporation Act, R.S.B.C. 1996, c. 33, is amended

(a) in subsection (5) by striking out "The Pension (Public Service) Act applies" and substituting "The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies", and

(b) by repealing subsection (6).

British Columbia Transit Act

34 Section 5 of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is amended

(a) by repealing subsection (4) and substituting the following:

(4) Subject to subsection (5), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the authority and to the officers and employees of the authority. , and

(b) in subsection (5) by striking out "under subsection (4) (c) must be reduced by the amounts determined by the commissioner" and substituting "as the employer's contribution under the Public Service Pension Plan must be reduced by the amounts determined by the trustee of the pension fund under that plan".


Build BC Act

35 Section 17 (2) of the Build BC Act, R.S.B.C. 1996, c. 40, is repealed and the following substituted:

(2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the authority and the officers and employees of the authority.


Child, Youth and Family Advocacy Act

36 Section 15 (2) to (6) of the Child, Youth and Family Advocacy Act, R.S.B.C. 1996, c. 47, is repealed and the following substituted:

(2) The Lieutenant Governor in Council may, on terms and conditions the Lieutenant Governor in Council specifies, order that the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the advocate.

(3) If an order is made under subsection (2), the Public Service Pension Plan applies subject to subsections (4) to (6).

(4) In addition to the amount contributed by the Minister of Finance and Corporate Relations in accordance with the pension plan rules under the Public Service Pension Plan, that minister must contribute to the pension fund under the Public Service Pension Plan an amount equal to 8% of the advocate's entire salary.

(5) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as an advocate must be counted as 1 1/2 years of pensionable service.

(6) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.


Children's Commission Act

37 Section 18 (2) of the Children's Commission Act, S.B.C. 1997, c. 11, is repealed and the following substituted:

(2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the Children's Commissioner.

College and Institute Act

38 Section 47 of the College and Institute Act, R.S.B.C. 1996, c. 52, is repealed and the following substituted:

Pension plan

47 (1) A pension plan must be provided under the Public Sector Pension Plans Act to employees of an institution.

(2) A pension plan for the benefit of employees of an institution must not be the subject of

(a) a collective agreement between the institution and a trade union representing employees of the institution, or

(b) an agreement between the institution and the association representing professional staff of the institution.


Columbia Basin Trust Act

39 Section 12 (4) of the Columbia Basin Trust Act, R.S.B.C. 1996, c. 53, is amended by striking out "the Pension (Public Service) Act" and substituting "the Public Sector Pension Plans Act".


Commissioner on Resources and Environment Act

40 Section 9 (2) of the Commissioner on Resources and Environment Act, R.S.B.C. 1996, c. 59, is repealed and the following substituted:

(2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the commissioner.

Community Financial Services Act

41 Section 7 (2) of the Community Financial Services Act, R.S.B.C. 1996, c. 61, is amended by striking out "the Pension (Public Service) Act" and substituting "the Public Sector Pension Plans Act".


Coroners Act

42 Section 7 of the Coroners Act, R.S.B.C. 1996, c. 72, is amended by striking out "the Pension (Public Service) Act applies" and substituting "the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies".

43 Section 7.1 (2) of the Supplement to the Coroners Act as consolidated in section 1 of the Supplement is amended by striking out "with the superannuation commissioner within 3 months of the coming into force of this section or his or her appointment as a coroner, whichever is later." and substituting "with the chief executive officer of the British Columbia Pension Corporation, established under the Public Sector Pension Plans Act, within 3 months of his or her appointment as a coroner."

Election Act

44 Section 7 (2) of the Election Act, R.S.B.C. 1996, c. 106, is repealed and the following substituted:

(2) Subject to subsections (3) and (4), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the chief electoral officer.

(3) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as chief electoral officer must be counted as 1 1/2 years of pensionable service.

(4) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.


Environmental Assessment Act

45 Section 50 (2) of the Environmental Assessment Act, R.S.B.C. 1996, c. 119, is repealed.


Ferry Corporation Act

46 Section 5 (3) to (6) of the Ferry Corporation Act, R.S.B.C. 1996, c. 137, is repealed and the following substituted:

(3) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the corporation and its employees.

Financial Administration Act

47 Section 1 of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended

(a) by repealing the definition of "chief investment officer",

(b) by adding the following definition:

"investment management corporation" means the British Columbia Investment Management Corporation established under Part 3 of the Public Sector Pension Plans Act; , and

(c) in paragraph (a) of the definition of "pension fund" by striking out ", Pension (College) Act, Pension (Municipal) Act, Pension (Public Service) Act or Pension (Teachers) Act," and substituting "or continued under the Public Sector Pension Plans Act,".

48 Section 41 (1) is amended by striking out "chief investment officer" and substituting "investment management corporation".

49 Section 42 is repealed.

Fire Services Act

50 Section 2 (3) of the Fire Services Act, R.S.B.C. 1996, c. 144, is repealed and the following substituted:

(3) The Public Service Benefit Plan Act and the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, apply to the fire commissioner.


First Peoples' Heritage, Language and Culture Act

51 Section 10 (3) and (4) of the First Peoples' Heritage, Language and Culture Act, R.S.B.C. 1996, c. 147, is repealed.

Fisheries Renewal Act

52 Section 11 of the Fisheries Renewal Act, S.B.C. 1997, c. 22, is repealed and the following substituted:

Pensions

11 The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to Fisheries Renewal BC and its employees.

Forensic Psychiatry Act

53 Section 7 (2) of the Forensic Psychiatry Act, R.S.B.C. 1996, c. 156, is amended by striking out "and the Pension (Public Service) Act apply to the executive director." and substituting "applies to the executive director."


Forest Land Reserve Act

54 Section 5 (7) of the Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is repealed.


Freedom of Information and Protection of Privacy Act

55 Section 40 (2) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is repealed and the following substituted:

(2) The Lieutenant Governor in Council may, on terms and conditions the Lieutenant Governor in Council specifies, order that the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the commissioner.

(3) If an order is made under subsection (2), the Public Service Pension Plan applies subject to subsections (4) and (5).

(4) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as commissioner must be counted as 1 1/2 years of pensionable service.

(5) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.

56 Schedule 2 is amended by adding the following:

Public Body: British Columbia Investment Management Corporation
Head: Chief Investment Officer
Public Body: British Columbia Pension Corporation
Head: Chief Executive Officer .


Greater Vancouver Transportation Authority Act

57 Section 11 of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended

(a) in subsection (1) by striking out "the Pension (Public Service) Act" and substituting "the Public Service Pension Plan, continued under the Public Sector Pension Plans Act,",

(b) in subsection (2) by striking out "Pension (Public Service) Act" wherever it appears and substituting "Public Service Pension Plan",

(c) in subsection (3) by striking out "Pension (Public Service) Act" and substituting "Public Service Pension Plan" and by striking out "Pension (Municipal) Act." and substituting "Municipal Pension Plan continued under the Public Sector Pension Plans Act.",

(d) by repealing subsections (4) and (5),

(e) in subsection (6) by striking out "under subsection (5) (b) of this section by the authority or by a subsidiary are reduced by the amounts determined by the commissioner under the Pension (Public Service) Act" and substituting "as the employer's contribution under the Public Service Pension Plan must be reduced by the amount determined by the trustee of the pension fund under that plan", and

(f) in subsection (7) by striking out "other than that provided under the Pension (Public Service) Act" and substituting "other than the Public Service Pension Plan".


Health Emergency Act

58 Section 4 (4) of the Health Emergency Act, R.S.B.C. 1996, c. 182, is repealed.


Health Research Foundation Act

59 Section 19 (2) of the Health Research Foundation Act, R.S.B.C. 1996, c. 184, is repealed and the following substituted:

(2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the foundation and its officers and employees.

Heritage Conservation Act

60 Section 27 (2) of the Heritage Conservation Act, R.S.B.C. 1996, c. 187, is amended by striking out "the Pension (Public Service) Act." and substituting "the Public Service Pension Plan continued under the Public Sector Pension Plans Act."

Hydro and Power Authority Act

61 Section 36 (1) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended by adding "and" at the end of paragraph (c) and by repealing paragraph (d).


Industry Training and Apprenticeship Act

62 Section 6 (7) of the Industry Training and Apprenticeship Act, S.B.C. 1997, c. 50, is repealed and the following substituted:

(7) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the officers and employees of the commission.

Insurance Corporation Act

63 Section 4 (5) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is repealed.

64 Section 5 is amended

(a) in subsection (1) by striking out "Despite sections 4 (4) and (5), the Pension (Public Service) Act applies" and substituting "Despite section 4 (4), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies",

(b) by repealing subsections (2) and (3) and substituting the following:

(2) The Public Service Pension Plan applies to the corporation in its capacity as the employer of the persons to whom that plan applies under this section.

(3) The corporation must pay to the trustee of the pension fund under the Public Service Pension Plan the employer's contributions in amounts equivalent to the amounts required under that plan. , and

(c) in subsection (4) by striking out "the Pension (Public Service) Act applies" and substituting "the Public Service Pension Plan applies".

Islands Trust Act

65 Section 17 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(a) in subsection (3) by striking out ", the Public Service Labour Relations Act and the Pension (Public Service) Act," and substituting "and the Public Service Labour Relations Act,", and

(b) by adding the following subsection:

(3.1) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the trust council and the employees of the trust council.

Job Protection Act

66 Section 5 (3) of the Job Protection Act, R.S.B.C. 1996, c. 240, is repealed.


Justice Administration Act

67 Section 4 of the Justice Administration Act, R.S.B.C. 1996, c. 243, is amended

(a) by repealing subsection (4), and

(b) in subsection (5) by striking out "and under the Pension (Public Service) Act." and substituting "and under the Public Service Pension Plan continued under the Public Sector Pension Plans Act."


Land Reserve Commission Act

68 Sections 4 (8) and 5 (2) of the Land Reserve Commission Act, S.B.C. 1999, c. 14, are repealed.

Legal Services Society Act

69 Section 8 (3) of the Legal Services Society Act, R.S.B.C. 1996, c. 256, is repealed.


Legislative Assembly Allowances and Pension Act

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

(a) by repealing the definition of "commissioner",

(b) in the definition of "contributor" by striking out "whose legislative allowance or indemnity deductions have been or are being made under section 18;" and substituting "who has made contributions to the account under Part 2;", and

(c) by adding the following definitions:

"chief executive officer" means the chief executive officer of the British Columbia Pension Corporation established under the Public Sector Pension Plans Act;

"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; .

71 Section 14 is amended by striking out "a member who elects to make contributions throughout his or her service under this Part." and substituting "a member who made contributions, or elects to make contributions, under this Part in respect of his or her service before June 19, 1996."

72 Section 16 (7) is amended by striking out "the Pension (Public Service) Act." and substituting "the Public Service Pension Plan."

73 Section 17 is repealed and the following substituted:

Transfer to the Public Service Pension Fund

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.

74 Section 18 is repealed.

75 Section 19 is amended

(a) in subsection (1) by adding "and before June 19, 1996" after "any year after December 31, 1973", and

(b) by repealing subsection (4) (b) and substituting the following:

(b) after December 31, 1973 and before June 19, 1996, under this Part as it read, with the necessary changes, on June 18, 1996.

76 Sections 20 (5) and 21 (5) are repealed and the following substituted:

(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.

77 Section 22 is amended

(a) in subsection (2) by striking out "described in section 18 (1) (c) of the Pension (Public Service) Act." and substituting "provided for under the Public Service Pension Plan.", and

(b) in subsection (4) by striking out "filed with the commissioner." and substituting "filed with the chief executive officer."

78 Section 24 (2) is amended by striking out "calculated under the tables in force governing allowances granted under the Pension (Public Service) Act must be transferred from the account maintained in the public service superannuation fund" and substituting "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".

79 Section 25 is amended

(a) in subsection (3) (b) (i) (A) by striking out "the Pension (Public Service) Act applies," and substituting "the Public Service Pension Plan applies,", and

(b) in subsections (3), (4), (5) and (6) by striking out "commissioner" wherever it appears and substituting "chief executive officer".

80 Section 26 is repealed.

81 Section 27 is repealed and the following substituted:

Plan administration

27 The chief executive officer is responsible to the minister for the administration of this Part.

82 Section 30 is amended by striking out "commissioner" in both places and substituting "chief executive officer".

83 Section 33 (1) is repealed.

Lottery Corporation Act

84 Section 6 (2) of the Lottery Corporation Act, R.S.B.C. 1996, c. 279, is repealed.


Members' Conflict of Interest Act

85 Section 14 (10) of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287, is repealed.


Ministry of Lands, Parks and Housing Act

86 Section 10 (3) (a) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is repealed.


Ministry of Transportation and Highways Act

87 Section 41 (2) of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, is repealed.


Okanagan Valley Tree Fruit Authority Act

88 Section 13 of the Okanagan Valley Tree Fruit Authority Act, R.S.B.C. 1996, c. 339, is repealed and the following substituted:

Pensions

13 The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the corporation and its officers and employees.

Ombudsman Act

89 Section 5 of the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed and the following substituted:

Pension

5 (1) Subject to subsections (2) and (3), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the Ombudsman.

(2) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as Ombudsman must be counted as 1 1/2 years of pensionable service.

(3) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.


Pension Benefits Standards Act

90 Section 1 (1) of the Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is amended in the definition of "public sector pension plan" by striking out "the Pension (College) Act, the Pension (Municipal) Act, the Pension (Public Service) Act or the Pension (Teachers) Act applies," and substituting "the Public Sector Pension Plans Act applies,".

91 Section 42 (1) (b.1) is repealed and the following substituted:

(b.1) the trustee of the pension fund continued under the Public Sector Pension Plans Act, .


Police Act

92 Section 50.1 (2) of the Police Act, R.S.B.C. 1996, c. 367, is repealed.


Provincial Court Act

93 Section 19 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended

(a) in subsection (1) by striking out "the Pension (Public Service) Act applies" and substituting "the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies",

(b) in subsection (2) by striking out "the Pension (Public Service) Act if he or she is otherwise entitled to superannuation payments under that Act." and substituting "the Public Service Pension Plan if he or she is otherwise entitled to a pension under that plan.", and

(c) in subsection (4) by striking out "superannuation allowance" and substituting "pension".

94 Section 20 is repealed and the following substituted:

Application of the Public Service Pension Plan

20 (1) Despite anything to the contrary in the pension plan rules made under the Public Service Pension Plan, for the purposes of calculating the amount of the pension to which a judge or a surviving spouse is entitled under this section or section 19, the highest average salary for a judge is deemed to be the judge's average monthly salary during the 36 months of service in which he or she received his or her highest salary.

(2) Despite anything to the contrary in the pension plan rules made under the Public Service Pension Plan, the pension to which a judge or a surviving spouse is entitled under this section or section 19 must not be reduced by 5% for each year that the judge's age is less than 60 years.

95 Section 32 (2) is amended by striking out "the Pension (Public Service) Act applies" and substituting "the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies".

96 Section 35 (2) (a) is amended by striking out "under the Pension (Public Service) Act," and substituting "under the Public Service Pension Plan continued under the Public Sector Pension Plans Act,".


Public Sector Employers Act

97 Section 5 (3) and (4) of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is repealed.


Public Service Act

98 Section 13 of the Public Service Act, R.S.B.C. 1996, c. 385, is amended

(a) in subsection (1) by striking out "a superannuation allowance under the Pension (Public Service) Act," and substituting "a pension under the Public Service Pension Plan, continued under the Public Sector Pension Plans Act,",

(b) by repealing subsection (2) (a), and

(c) by adding the following subsection:

(3) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.


Public Service Benefit Plan Act

99 Section 1 (1) (f) of the Public Service Benefit Plan Act, R.S.B.C. 1996, c. 386, is repealed and the following substituted:

(f) persons in receipt of a pension from a plan under the Public Sector Pension Plans Act; .

100 Section 9 is amended

(a) in paragraph (b) of the definition of "employee" by striking out "within the meaning of the Pension (Public Service) Act" and substituting "within the meaning of the pension plan rules made under the Public Service Pension Plan, continued under the Public Sector Pension Plans Act,", and

(b) in paragraph (a) of the definition of "pensioner" by striking out "a superannuation allowance under the Pension (Public Service) Act," and substituting "a pension under the Public Service Pension Plan continued under the Public Sector Pension Plans Act,".

101 Section 11 (1) (b) is repealed and the following substituted:

(b) despite the Public Service Pension Plan continued under the Public Sector Pension Plans Act, the pension payable to a pensioner to whom this Part applies; .


Public Service Labour Relations Act

102 Section 12 (b) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is repealed and the following substituted:

(b) all matters included under the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, and the pension plan rules made under that plan; .


Science Council Act

103 Section 9 (2) of the Science Council Act, R.S.B.C. 1996, c. 415, is repealed and the following substituted:

(2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the council, its officers and employees.

Securities Act

104 Section 10 (2) and (3) of the Securities Act, R.S.B.C. 1996, c. 418, is repealed.


Supreme Court Act

105 Section 12 of the Supreme Court Act, R.S.B.C. 1996, c. 443, is repealed and the following substituted:

Pensions for masters

12 (1) Subject to subsection (2), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to every master.

(2) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as a master must be counted as 1 1/2 years of pensionable service.


System Act

106 Section 17 of the System Act, R.S.B.C. 1996, c. 446, is amended

(a) in subsections (1) and (2) by striking out "superannuation or",

(b) by repealing subsection (4) and substituting the following:

(4) Until the corporation establishes or provides for a pension plan under subsection (1),

(a) the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the corporation and its officers and employees, and

(b) an officer or employee referred to in section 15 (2) is entitled

(i) to pension plan benefits equivalent to those to which he or she would have been entitled in the public service, and

(ii) to full credit in respect of his or her contributions and the contributions of the government on his or her behalf during his or her period in the public service. , and

(c) in subsection (5) by striking out "or superannuation plan".


Tobacco Fee Act

107 Section 2 (2) of the Tobacco Fee Act, S.B.C. 1998, c. 46, is repealed and the following substituted:

(2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the director as an employee.

Tourism British Columbia Act

108 Section 8 (6) of the Tourism British Columbia Act, S.B.C. 1997, c. 13, is repealed and the following substituted:

(6) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the corporation and its employees.

Trade Development Corporation Act

109 Section 10 of the Trade Development Corporation Act, R.S.B.C. 1996, c. 456, is repealed and the following substituted:

Pension

10 (1) Despite any other provision of this Act, the Lieutenant Governor in Council may order that the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the corporation and its employees.

(2) When calculating the amount of a pension for the chair, each year of service as chair must be counted as 1 1/2 years of pensionable service.

(3) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.


Treaty Commission Act

110 Section 19 of the Treaty Commission Act, R.S.B.C. 1996, c. 461, is repealed and the following substituted:

Pension

19 The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the commission and to the employees of the commission.

Utilities Commission Act

111 Section 9 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by striking out "direct that the Pension (Public Service) Act applies to" and substituting "direct that the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to".


Workers Compensation Act

112 Section 86 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(a) by repealing subsection (5), and

(b) in subsection (6) (b) by striking out "under subsections (3) and (5)" and substituting "under subsection (3)".


Amendments to this Act

113 Section 1 (1) of this Act is amended by repealing the definitions of "municipal board" and "municipal plan" and substituting the following:

"municipal board" means the board of trustees of the municipal plan appointed under the terms of the municipal joint management agreement;

"municipal joint management agreement" means the agreement between the plan employer partner and the plan member partner, as those terms are defined in section 1 of Schedule B, for the joint management of the municipal plan;

"municipal plan" means the Municipal Pension Plan continued under the municipal joint management agreement; .

114 Section 1 (1) is amended by repealing the definitions of "public service board" and "public service plan" and substituting the following:

"public service board" means the board of trustees of the public service plan appointed under the terms of the public service joint management agreement;

"public service joint management agreement" means the agreement between the plan employer partner and the plan member partner, as those terms are defined in section 1 of Schedule C , for the joint management of the public service plan;

"public service plan" means the Public Service Pension Plan continued under the public service joint management agreement; .

115 Section 1 (1) is amended by repealing the definitions of "teachers' board" and "teachers' plan" and substituting the following:

"teachers' board" means the board of trustees of the teachers' plan appointed under the terms of the teachers' joint management agreement;

"teachers' joint management agreement" means the agreement between the plan employer partner and the plan member partner, as those terms are defined in section 1 of Schedule D, for the joint management of the teachers' plan;

"teachers' plan" means the Teachers' Pension Plan continued under the teachers' joint management agreement.

116 Section 8 (1) is amended

(a) by repealing paragraph (b) and substituting the following:

(b) 2 directors appointed by the municipal board from among its members, one to be nominated by the plan employer partner and one to be nominated by the plan member partner, as those terms are defined in section 1 of Schedule B; ,

(b) by repealing paragraph (c) and substituting the following:

(c) 2 directors appointed by the public service board from among its members, one to be nominated by the plan employer partner and one to be nominated by the plan member partner, as those terms are defined in section 1 of Schedule C; , and

(c) by repealing paragraph (d) and substituting the following:

(d) 2 directors appointed by the teachers' board from among its members, one to be nominated by the plan employer partner and one to be nominated by the plan member partner, as those terms are defined in section 1 of Schedule D.

117 Section 11 (3) is amended by striking out "The Pension (Public Service) Act" and substituting "The Public Service Pension Plan, continued under this Act,".

118 Section 19 (3) is amended

(a) by repealing paragraph (b) and substituting the following:

(b) one director appointed by the municipal board from among its members; ,

(b) by repealing paragraph (c) and substituting the following:

(c) one director appointed by the public service board from among its members; , and

(c) by repealing paragraph (d) and substituting the following:

(d) one director appointed by the teachers' board from among its members; .

119 Section 22 (2) is amended by striking out "The Pension (Public Service) Act" and substituting "The Public Service Pension Plan, continued under this Act,".

120 Part 1 of Schedule B is repealed.

121 Part 1 of Schedule C is repealed.

122 Part 1 of Schedule D is repealed.

Validation

123 (1) The repeal made by section 69 of this Act does not affect any of the rights vested in a person to whom the Pension (Municipal) Act was declared to apply immediately before the repeal made by that section.

(2) The repeals made by sections 30, 31, 45, 51, 54, 58, 61, 63, 66, 67, 68, 84, 85, 86, 87, 92, 97, 104, 110 and 112 of this Act do not affect any of the rights vested in a person to whom the Pension (Public Service) Act was declared to apply immediately before the repeal made by those sections.

Repeal

124 The following Acts are repealed:

(a) Pension (College) Act, R.S.B.C. 1996, c. 353;

(b) Pension (Municipal) Act, R.S.B.C. 1996, c. 355;

(c) Pension (Public Service) Act, R.S.B.C. 1996, c. 356;

(d) Pension (Teachers) Act, R.S.B.C. 1996, c. 357.

Commencement

125 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
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