Supplementary Retiring Allowances Regulations

Regulation

Registration: R-085-99
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Supplementary Retiring Allowances Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.1 amended by R-086-99,s.1
s.2 amended by R-077-2011,s.2 in force Sept. 1, 2011
s.7 amended by R-077-2011,s.3 in force Sept. 1, 2011
s.8 amended by R-077-2011,s.4 in force Sept. 1, 2011
s.9 amended by R-077-2011,s.5 in force Sept. 1, 2011
s.10 amended by R-077-2011,s.6 in force Sept. 1, 2011
s.10.1 amended by R-077-2011,s.6 in force Sept. 1, 2011
s.10.3 amended by R-077-2011,s.6 in force Sept. 1, 2011
s.10.4 amended by R-077-2011,s.6 in force Sept. 1, 2011

Cites

Cited by

None.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 10.1. 10.1 10.2. 10.2 10.3. 10.3 10.4. 10.4 11. 11 12. 12 13. 13 14. 14

The Speaker, on the recommendation of the Management and Services Board, under section 12 of the Supplementary Retiring Allowances Act and every enabling power, makes the Supplementary Retiring Allowances Regulations.

Interpretation

In these regulations,

"Act" means the Supplementary Retiring Allowances Act; (Loi)

"Board of Management" means the Legislative Assembly Board of Management continued by the Legislative Assembly and Executive Council Act; (Bureau de régie)

"Office of the Legislative Assembly" means the Office of the Legislative Assembly referred to in the Legislative Assembly and Executive Council Act. (Bureau de l’Assemblée législative) R-086-99,s.1.

(1) Full-time attendance at a school or university means full-time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature, and a child is deemed to be or to have been in full-time attendance at a school or university, substantially without interruption,

(a) during an absence by reason of a scholastic vacation

(i) where immediately after such vacation the child resumes full-time attendance at a school or university in the next ensuing academic year,

(ii) where it is determined by the Board of Management that the child cannot comply with subparagraph (i) by reason of illness or any other cause that the Board of Management considers reasonable, where the child begins or resumes full-time attendance at a school or university at any time during the academic year immediately following the scholastic vacation, or

(iii) where it is determined by the Board of Management that the child cannot comply with subparagraph (i) or (ii), if he or she begins or resumes full- time attendance in the academic year following that referred to in subparagraph (i); and

(b) during an absence occurring in an academic year by reason of illness or any other cause that the Board of Management considers reasonable, where, immediately after the absence, the child begins or resumes full-time attendance at a school or university in that academic year or where it is determined by the Board of Management that the child is unable to do so, where he or she begins or resumes full-time attendance in the next academic year.

(2) Where the absence of a child by reason of illness commences after he or she has begun an academic year and it is determined by the Board of Management, on evidence satisfactory to the Board of Management, that by reason of such illness it is not possible for the child to resume full-time attendance at a school or university, that child is, notwithstanding paragraph (1)(b), deemed to have been in full-time attendance substantially without interruption at a school or university until the end of the academic year. R-077-2011,s.2.

Notification of Changes to Legislation

The Office of the Legislative Assembly shall notify a former member of changes to the Act or these regulations that affect the rights or entitlements of the former member within 90 days after the changes are made.

Designation, Registration and Election

A member or former member may, in the form provided by the Office of the Legislative Assembly, designate a beneficiary or revoke the designation of a beneficiary.

A member or former member may, in the form provided by the Office of the Legislative Assembly, register his or her spouse or revoke the registration of his or her spouse.

Every designation and revocation in respect of a beneficiary, and every registration or revocation in respect of a spouse, that was received by the Office of the Legislative Assembly before this section comes into force is deemed to be made in accordance with and under section 4 or 5, as the case may be.

(1) A qualifying member shall, without delay on becoming a qualifying member, send to the Office of the Legislative Assembly the information required by that Office.

(2) On receipt of the information referred to in subsection (1), the Office of the Legislative Assembly shall provide the qualifying member with the following:

(a) the amount of the allowance payable and the date or event on which it will commence being payable;

(b) a statement that a member who ceases to be a member may make an election under subsection 9(1) of the Act and explaining what that means;

(d) a form on which the qualifying member may make the election referred to in paragraph (b).

(3) A member or former member who wishes to make an election under subsection 9(1) of the Act shall provide to the Office of the Legislative Assembly the election in the form provided by that Office.

(4) In this section, "qualifying member" means a qualifying member as defined in subsection 4(1), 5.4(1) or 5.6(1) of the Act, as the case may be. R-077-2011,s.3.

Calculation of Lump Sum

The actuarial equivalent of the basic allowance referred to in subsection 7(2) of the Act and the actuarial present value of the allowance referred to in section 7.1 of the Act shall be calculated in accordance with the Canadian Institute of Actuaries Standard of Practice for Determining Pension Commuted Values. R-077-2011,s.4.

Payment of Allowances and Benefits

(1) Every allowance and benefit shall

(a) be payable monthly in advance; and

(b) commence on the first day of the month immediately following the day on which the person becomes eligible or,

(i) where the person becomes eligible on the first day of a month, that day, or

(ii) where a former member elects to receive an allowance before attaining 55 years of age, the first day of the month immediately following the day on which he or she so elects.

(2) Except as provided in the Act, every allowance and benefit shall cease on the last day of the month in which the death of the recipient occurs. R-077-2011,s.5.

Court Orders and Separation Agreements

10.

(1) On receipt of a written request for information concerning a member or former member’s entitlement to an allowance by or on behalf of a spouse or former spouse of the member or former member, and stating that a breakdown of the relationship between them has occurred, the Administrator shall make available to the spouse or former spouse such information related to the member or former member’s allowance as would be available on request to the member or former member.

(2) On receipt of a court order or separation agreement from a member or former member or his or her former spouse that requires a division of a member or former member’s allowance, the Administrator shall make available to the former spouse all information referred to in subsection (1), and shall treat the former spouse as if he or she were a member or former member with the rights to information, services and benefits set out in the Act and these regulations.

(3) A court order or separation agreement referred to in subsection (2) must contain the following information:

(a) the dates when the period of joint accrual of the benefit began and ended for the purposes of the Family Law Act, and any breaks during such period;

(b) the percentage of the value of the allowance to be used to determine the former spouse’s share in respect of the period referred to in paragraph (a).

(4) A court order or separation agreement that purports to divide a member or former member’s allowance under the Legislative Assembly Retiring Allowances Act but does not refer to that Act, applies equally to the member or former member’s allowance under the Supplementary Retiring Allowances Act and these regulations, provided that any allowance divided as a consequence may only be distributed in the form described in section 10.2 of these regulations.

(5) If, on receipt of a court order or separation agreement, including one that purports to contain the information described in subsection (3), the Administrator is unable to comply with it because it is incomplete, it does not comply with section 10.3 of the Act or the provisions of these regulations, or there is doubt as to what measures the Administrator must take to comply with it, the Administrator may apply to the court for a remedy on seven days notice or such shorter period as the court may permit. R-077-2011,s.6.

Calculation of Divided Benefits

10.1.

(1) The value of each of the total entitlement, total pre-division benefit, former spouse’s share and member or former member’s share is, for the purposes of subsection 10.3(4) of the Act, to be calculated in the manner set out in this section.

(2) The total entitlement shall be equal to the actuarial present value, determined in accordance with the going concern assumptions in the most recent actuarial valuation prepared under subsection 2.1(5) of the Act, including death benefits and indexing benefits but excluding the value of allowances payable to a child under section 6 of the Act, calculated as at the later of the end date referred to in paragraph 10(3)(a) and the date the member or former member ceases to be a member.

(3) The total pre-division benefit is to be calculated at the same time as the total entitlement, according to the following formula:

D where

(a) A is the total pre-division benefit,

(b) B is the total entitlement determined in accordance with subsection (2),

(c) C is the period between the beginning and end dates during which the allowance was accruing referred to in subsection 10(3), and

(d) D is the period during which the total entitlement accrued.

(4) The former spouse’s share is to be calculated at the same time as the total entitlement, and shall be the total pre-division benefit multiplied by the percentage of it awarded or given to the former spouse in the court order or separation agreement referred to in paragraph 10(3)(b).

(5) The member or former member’s share is to be calculated at the same time as the total entitlement, and shall be the total pre-division benefit reduced by the former spouse’s share as determined under subsection

(4) and further adjusted under section 10.3, if applicable.

(6) The aggregate of the actuarial present values of the shares of the member or former member and the former spouse must equal the actuarial present value of the total pre-division benefit. R-077-2011,s.6.

A = B × C

Distribution of Benefits

10.2.

(1) Notwithstanding any requirement to the contrary contained in a court order or separation agreement, if the member or former member’s allowance is not in payment, the former spouse’s share shall be distributed in the form of a monthly pension payable for the lifetime of the former spouse, with a guarantee of not less than 60 monthly payments commencing on the earlier of the date the member or former member ceases to be a member or dies, or such subsequent other date as the former spouse may elect, provided the commencement date is not later than the end of the calendar year in which the former spouse attains 71 years of age, and further provided that the elections contemplated by this subsection must be made and communicated to the Administrator, in the forms provided by the Administrator, within 90 days after their delivery to the former spouse.

(2) Notwithstanding any requirement to the contrary contained in a court order or separation agreement, if the member or former member’s allowance is in payment, the former spouse’s share shall be distributed in the form of a monthly pension payable for his or her lifetime commencing immediately, with a 60 month guarantee period starting from the date of commencement of the former member’s allowance. R-077-2011,s.6.

Adjustment of Member or Former Member’s Share

10.3.

For the purposes of subsection 10.3(7) of the Act, the member or former member’s share may be adjusted on an actuarial basis so that the Fund neither gains nor loses based on the assumptions used to determine the share in subsection 10.1(2) as a consequence of the division of the member or former member’s allowance. R-077-2011,s.6.

Provision for Child

10.4.

The allowances payable to a child following the death of a member or former member shall not be affected by a division under section 10.3 of the Act and these regulations, and shall be paid to an eligible child in accordance with section 6 of the Act as if no such division had occurred, and if the former spouse is alive following the death of the member or former member, as if the former spouse was entitled to a survivor allowance under section 6 of the Act derived from the member or former member’s allowance. R-077-2011,s.6.

11.

There shall be submitted to the Office of the Legislative Assembly, in support of each claim that a child who has attained the age of majority

(a) is or has been enrolled in a course requiring full-time attendance substantially without interruption at a school or university, a declaration in a form satisfactory to the Office of the Legislative Assembly and signed by a responsible officer of that school or university, certifying as to such enrolment; and

(b) is or has been for a period of time, in full- time attendance at a school or university substantially without interruption, a declaration of this attendance in a form satisfactory to the Office of the Legislative Assembly and signed by the child.

12.

Where the Board of Management is of the opinion that a person who is in receipt of an allowance or benefit under the Act is incapable of managing his or her affairs and no person is authorized by law to act as committee or trustee of his or her estate, the Board of Management may authorize payment of the allowance to the spouse of the recipient, or to a solicitor, banker or other agent of the recipient on his or her behalf until the recipient is, in the opinion of the Board of Management, again capable of managing his or her affairs or a person is authorized to act as a committee or trustee of his or her estate, whichever first occurs.

13.

A member or former member shall immediately notify the Office of the Legislative Assembly, in the form provided by that Office, of any changes in respect of his or her marital status, number of children or any appointment or selection as a member of the Legislative Assembly that would affect his or her pensionable remuneration.

14.

(1) A former member shall, within a reasonable time, notify the Office of the Legislative Assembly, in the form provided by that Office, of a change of address.

(2) The representative of a former member shall, within a reasonable time, notify the Office of the Legislative Assembly, in the form provided by that Office, of the death of the former member.