Provincial Judges and Masters in Chambers Registered and Unregistered Pension Plans, Alta. Reg. 196/2001

Copyright of Alberta Statutes and Regulations, belongs to the Province of
Alberta. No person may reproduce copies of the legislation for any purpose
other than personal use without the consent of the Alberta Queen's Printer.

 

(Consolidated up to 97/2002)

     ALBERTA REGULATION 196/2001

     Provincial Court Act
     Court of Queen's Bench Act
     Interpretation Act


     PROVINCIAL JUDGES AND MASTERS
     IN CHAMBERS REGISTERED AND
     UNREGISTERED PENSION PLANS



     Table of Contents

Preamble

     General Provisions

Division of Regulation   1
Interpretation 2
Transfer of assets held under temporary arrangements   3
Prevalence over repealed Regulations    4    
Collection and disclosure of information     5
Repeals   6
Coming into force   7


     Schedule 1

     Provincial Judges and Masters in Chambers
     (Registered) Pension Plan

Interpretation of Schedule 1  1
The Plan  2

     Part 1
     Administration 

Administration of the Plan    3
Fiscal year    4
Report to the Legislative Assembly      5

     Part 2
     Participation

The participants    6

     Part 3
     Funding

Registered pension plan fund  7
Actuarial valuation report    8
Fiduciary relationship and use of surplus    9
Contributions and accretion   10
Participant contributions     11
Government contributions 12

     Part 4
     Pensionable Service

Computation of pensionable service 13

     Part 5
     Benefits

Interpretation and application of Subdivisions A  14
Interpretation and application of Subdivisions B  15
Limitation of benefits where obtainable under
  Subdivisions A and B   16
Vesting based on all service  17

     Division 1
     Retirement Benefits

     Subdivision A
     For Service Before 1992

Limitation of benefits to meet tax rules     18
Normal pension based on age and service 19
Pension partner protection    20
Alternative forms of pension  21
Disability pensions 22
Disability pension adjustments     23
Postponement of pension  24
Failure to select pension     25

     Subdivision B
     For Service After 1991

Tax rule limitations on benefits   26
Normal pension based on age and service 27
Pension partner protection    28
Alternative forms of pension  29
Pension on early retirement   30
Disability pensions 31
Disability pension adjustments     32
Postponement of pension  33
Failure to select pension     34

     Division 2
     Death Benefits

Application of Division  35

     Subdivision A
     For Service Before 1992

Pension partner's benefit on death before pension
  commencement 36
Benefits to other beneficiaries    37

     Subdivision B
     For Service After 1991

Pension partner's benefit on death before pension
  commencement 38
Benefits to other beneficiaries    39

     Division 3 
     Benefits on Termination Before Pension Eligibility

     Subdivision A
     For Service Before 1992

Vested participants under 55  40


     Subdivision B
     For Service After 1991

Vested participants under 55  41
Non-vested participants  42

     Division 4
     Miscellaneous Provisions on Benefits

Cost-of-living increases 43
Interest allowance  44
Pension commencement     45
Commencement of guaranteed term of years     46
Suspension of pension on employment     47
Suspension of pension on reappointment  48
Beneficiaries  49
Method of payment of pensions 50
Idem - conversion following death  51
Continuation of existing pensions and pension rights   52

     Part 6
     Miscellaneous

Interest chargeable 53
Advance against pension  54
Actuarial formulas  55
Exercise of benefit choice    56
Prohibition against assignment, etc.    57
Matrimonial property orders   58
Liability of benefits to legal process  59
Liability of Government and prohibition against
  extra-legislative benefits or remedies     60
Rights and obligations under former Regulation    61
Overpayments and deficiencies 62
Return of money     63
Retentions for debt 64
Requirement of evidence  65
Appeals   66
Termination of the Plan, and surplus on wind-up   67
Transitional - interest rates - 1998    68
Transitional - actuarial tables    69
Transitional - pre-April 1, 1998 service purchases     70
Transitional - election for certain judges   71.1
Transitional - interest relief for non-electing judges 71.2

     Subschedule

Forms

     Schedule 2
     Provincial Judges and Masters in Chambers
     (Unregistered) Pension Plan

Interpretation of Schedule 2  1
Establishment of the Plan     2

     Part 1
     Administration

Administration of the Plan    3
Fiscal year    4
Report to the Legislative Assembly 5

     Part 2
     Participation

The participants    6

     Part 3
     Funding

RCA fund  7
Actuarial valuation report    8
Payment of benefits and costs 9
Contributions and RCA taxes   10
Participant contributions     11
Government contributions 12

     Part 4
     Pensionable Service

Computation of pensionable service 13

     Part 5
     Benefits

Interpretation and application of Part 5     15
Limitation of benefits   16
Linking of benefit choices to those made
   under Registered Plan 16.1
Reduction for Registered Plan benefits  17.1

     Division 1
     Retirement Benefits

Amount and form of pension    27
Spousal protection  28
Alternative forms of pension  29
Disability pensions 31
Disability pension adjustments     32
Postponement of pension  33
Failure to select pension     34

     Division 2
     Death Benefits

Application of Division  35
Pension partner's benefit for pre-1992 service    36
Benefits to other beneficiaries for pre-1992 service   37
Pension partner's benefit on death before pension
  commencement 38
Benefits to other beneficiaries    39

     Division 3
     Benefits on Termination Before Pension Eligibility

Vested participants under 55  41
Non-vested participants  42

     Division 4
     Miscellaneous Provisions on Benefits

Cost-of-living increases 43
Interest allowance  44
Pension commencement     45
Commencement of guaranteed term of years     46
Suspension of pension on employment     47
Suspension of pension on reappointment  48
Beneficiaries  49
Method of payment of pensions 50
Idem - conversion following death  51

     Part 6
     Miscellaneous

Interest chargeable 53
Advance against pension  54
Actuarial formulas  55
Exercise of benefit choice    56
Prohibition against assignment, etc.    57
Matrimonial property orders   58
Liability of benefits to legal process  59
Liability of Government and prohibition against
  extra-legislative benefits or remedies     60
Overpayments and deficiencies 62
Return of money     63
Retentions for debt 64
Requirement of evidence  65
Appeals   66
Termination of the Plan, and surplus on wind-up   67
Transitional - interest rates - 1998    68
Transitional - election for certain judges   71.1
Transitional - interest relief for non-electing judges 71.2
Recalculation of past benefits     72
Forms     73


Preamble
WHEREAS the Supreme Court of Canada recently decided certain questions on
the subject-matters of benefits payable to provincial judges and judicial
independence; and 

WHEREAS the 1998 and 2000 Judicial Compensation Commissions have made
recommendations respecting those benefits, including specifically pensions
and other retirement benefits, and also those for masters in chambers; and 

WHEREAS it is the intent of this Regulation generally to put into effect
those recommendations, so far as they relate to pensions and other
retirement benefits, and to bring the legislation into line with current 
income tax rules (so far as applicable) and, as to structure and
draftsmanship, other public sector pension legislation; 

THEREFORE the Lieutenant Governor in Council enacts as follows:


     General Provisions

Division of Regulation
1   Apart from the Preamble and sections 1 to 7, this Regulation is divided
into 

     (a)  Schedule 1, containing the Provincial Judges and Masters in
Chambers (Registered) Pension Plan continued by that Schedule, and related
provisions, and 

     (b)  Schedule 2, containing the Provincial Judges and Masters in
Chambers (Unregistered) Pension Plan established by that Schedule, and
related provisions.


Interpretation
2   Expressions that are used in sections 1 to 7 and defined in Schedules 1
and 2 have the corresponding appropriate meanings given by those Schedules
collectively.


Transfer of assets held under temporary arrangements
3    The Minister of Finance shall, as soon as practicable, transfer all
the assets held in the Consolidated Cash Investment Trust Fund account
under section 7 of the Provincial Judges and Masters in Chambers (Temporary
Pension Arrangements) Regulation, 1998 (AR 177/98),

     (a)  to the extent that they consist of or derive from contributions
which, by virtue of Schedule 1, were liable to be made to the pension plan
continued by  Schedule 1, to the pension fund continued by section 7(1) of
Schedule 1, and

     (b)  to the extent that they consist of or derive from contributions
which, by virtue of Schedule 2, were liable to be made to the plan
established by Schedule 2, to the fund established by section 7(1) of
Schedule 2,

and, notwithstanding the repeal of that Regulation by section 6(2), that
account is to continue in force, so far as necessary but without any
further addition of contributions, until that transfer is made.


Prevalence over repealed Regulations
4   Notwithstanding anything in section 35 of the Interpretation Act, to
the extent that this Regulation and the Regulations repealed by section
6(1) and (2) are inconsistent with reference to anything occurring before
the making of this Regulation, this Regulation prevails over those repealed
ones.
     AR 196/2001 s4;251/2001


Collection and disclosure of information
5(1)  In this section, "judicial service information" means personal
information within the meaning of the Freedom of Information and Protection
of Privacy Act that

     (a)  relates to pensions and other benefits or to participants' and
former participants' service, and

     (b)  has a reasonable and direct connection to the administration of
pensions and other benefits.

(2)  The Minister is authorized to collect judicial service information
from, and to disclose it to,

     (a)  the specific participant or former participant to whom the
information relates,

     (b)  an appeal board established under Schedule 1 or 2, where the
information relates to the appellant or respondent, and

     (c)  the Minister of Justice and Attorney General.

(3)  The Minister of Justice and Attorney General is authorized to collect
judicial service information from, and to disclose it to,

     (a)  a person or board referred to in subsection (2)(a) or (b), and

     (b)  the Minister.

(4)  The Minister may require the Minister of Justice and Attorney General
to provide to the Minister, within the time specified by the Minister,
information that is required by the Minister to enable  him or her to
fulfill his or her functions under this Regulation.


Repeals
6(1)  The Provincial Judges and Masters in Chambers Pension Plan Regulation
(AR 265/88) is repealed. 

(2)  The Provincial Judges and Masters in Chambers (Temporary Pension
Arrangements) Regulation, 1998 (AR 177/98) is repealed.

(3)  Sections 71 of Schedules 1 and 2 to this Regulation are repealed.


Coming into force
7   This Regulation, except to the extent that another commencement date is
specifically stated and except

     (a)  sections 3 and 6(2) and (3), 

     (b)  section 6(1), to the extent that it repeals section 1(1)(q) of,
and the Schedule to, the Regulation repealed by it,

     (c)  in Schedule 1,

               (i)  sections 1(y), 28(3)(b) and (6), section 20(3), to
the extent that it incorporates section 28(3)(b), and section 20(6), and

               (ii) the Subschedule,

     and

     (d)  in Schedule 2, section 7, section 28, to the extent that it
takes into account section 28(3)(b) of Schedule 1, and section 72, 

is deemed to have come into force on April 1, 1998.


     SCHEDULE 1

     PROVINCIAL JUDGES AND MASTERS IN
     CHAMBERS (REGISTERED) PENSION PLAN

Interpretation of Schedule 1
1   In this Schedule, 

     (a)  "actuarial equivalent" means the equivalent in actuarial
present value, calculated in accordance with demographic and economic
factors that are recommended by an actuary and approved by the Minister; 

     (b)  "actuary" means a Fellow of the Canadian Institute of
Actuaries;

     (c)  "benefit" means a retirement benefit, a death benefit or a
benefit on termination before pension eligibility, under Part 5;

     (d)  "capped salary" means salary that is or was compensation within
the meaning of the tax rules, subject however to such limitation as is or
was necessary to ensure that the benefit accrual under the tax rules for
the taxation year does not or did not exceed the defined benefit limit
fixed by the tax rules for that year;

     (e)  "contributions" means contributions under the Plan;

     (f)  "former Regulation" means the Provincial Judges and Masters in
Chambers Pension Plan Regulation (AR 265/88) (repealed);

     (g)  "judge" means

               (i)  a judge of the Provincial Court appointed under the
Provincial Court Act and includes a Chief Judge, Deputy Chief Judge and an
Assistant Chief Judge, or 

               (ii) a master, 

          but does not include a supernumerary judge of the Provincial
Court or a part-time master;

     (h)  "judicial service" means periods of judicial service as, or
otherwise occupying the position of, a judge;

     (i)  "latest pension accrual date" means the last date as of which
the tax rules allow a participant to accrue pensionable service;

     (j)  "leave without salary" means a period during which a
participant is or was, with due authorization, on leave from his or her
regular duties as a judge and is receiving no remuneration or remuneration
that is less than his or her regular remuneration, and includes any period
recognized as leave without pay under the former Regulation, but does not
include a period during which he or she is or was on LTDI;

     (k)  "master" means a master in chambers appointed under the Court
of Queen's Bench Act; 

     (l)  "matrimonial property order" means a matrimonial property order
within the meaning of the Matrimonial Property Act, or a similar order
enforceable in Alberta of a court outside Alberta, that affects the payment
or distribution of a person's benefits; 

     (m)  "maximum benefit accrual date" means, in respect of a
participant, the date on which the 70% benefit accrual percentage referred
to in section 11(3)(a) is reached; 

     (n)  "Minister" means the member of the Executive Council
responsible for the administration of the Management Employees Pension
Plan; 

     (o)  "on LTDI" means, in relation to a judge or former judge, in
receipt of money provided to a participant under and within the meaning of
the Long Term Disability Income Continuance Plan established by Schedule 2
to the Provincial Court Judges and Masters in Chambers Compensation
Regulation (AR 176/98), and includes his or her being in receipt of
benefits under the Government's Long Term Disability Income Continuance
Plan for management employees before the first-mentioned Plan came into
effect;

     (p)  "participant" means a person who is a participant of the Plan
by virtue of section 6;

     (q)  "participant current service contributions" means a
participant's contributions under section 11(1);

     (r)  "pension" means a pension under the Plan, and "pensioner" means
a person in receipt of such a pension and includes a prospective pensioner;

     (r.1)     "pension partner" means

               (i)  a person who, at the relevant time, was married to
a participant or former participant and

                         (A)  was not judicially or otherwise
separated from him or her, or

                         (B)  if so separated, was wholly or
substantially dependent on him or her,

               (ii) if there is no person to whom subclause (i)
applies, a person who, as at and up to the relevant time, had lived with
the participant or former participant in a conjugal relationship

                         (A)  for a continuous period of at least 3
years, or

                         (B)  of some permanence, if there is a child
of the relationship by birth or adoption,

                    and was, during that period or that relationship,
as the case may be, held out by the participant or former participant in
the community in which they lived as being in that conjugal relationship,
or

               (iii)     if there is no person to whom subclause (i) or (ii)
applies, a person who was married to but separated from the participant or
former participant and not wholly or substantially dependent on him or her
at the relevant time;

     (s)  "pension commencement" means the time established by section 45
that constitutes the effective date for the commencement of the relevant
pension; 

     (t)  "pensionable service" means any period to be taken into account
as pensionable service under section 13;

     (u)  "plan fund" means the pension fund continued by section 7(1);

     (v)  "registered" means registered or accepted for registration
under the Income Tax Act (Canada);

     (w)  "salary" means,

               (i)  subject to subclause (ii), a judge's annual salary
under the Provincial Court Judges and Masters in Chambers Compensation
Regulation (AR 176/98) or any predecessor of that Regulation, or both, as
the case may be, or

               (ii) in the case of a person who is or was on LTDI or on
leave without salary, the amount that would have been the annual salary
under subclause (i) had that person remained in active judicial service in
the capacity in which he or she served immediately before becoming disabled
or going on leave without salary, as the case may be, 

          but, in respect of any period after a participant has reached
the latest pension accrual date, means $0; 

     (x)  "service" means any period that is judicial service or
pensionable service or both;

     (y)  repealed AR 97/2002 s4;

     (z)  "tax rules" means those provisions of the Income Tax Act
(Canada) or of the regulations under it, or of both, that apply to pension
plans registered or to be registered under that Act and includes any
approval, certification or other permission or any direction or order from
the federal Minister of National Revenue the absence of which or failure to
comply with which may make the Plan's registration liable to revocation
under that Act;

     (aa) "termination" means a person's ceasing to be a participant
under any circumstances other than death;

     (bb) "the Plan" or "this Plan" means the pension plan continued by
section 2(1) as the Provincial Judges and Masters in Chambers (Registered)
Pension Plan;

     (cc) "vested" means, in relation to a participant or former
participant, having accumulated at least 5 years' pensionable service or
terminating or having terminated on or after reaching the latest pension
accrual date; 

     (dd) "years of pensionable service" means, in respect of a
participant or former participant, the number of complete years and any
fraction of a remaining year of pensionable service.


The Plan
2(1)  The pension plan provided for by and under the former Regulation is
continued, subject to this Schedule, as the Provincial Judges and Masters
in Chambers (Registered) Pension Plan.

(2)  It is the intent of this Schedule that the Plan be and remain a
registered pension plan under the Income Tax Act (Canada).


     PART 1

     ADMINISTRATION

Administration of the Plan
3(1)  The Minister is the administrator of the Plan.

(2)  Notwithstanding anything in the Plan except subsection (3), the
Minister shall administer the Plan in accordance with the tax rules.

(3)  If in any respect the Plan does not comply with the applicable tax
rules, the Minister may administer the Plan as if this Schedule were
amended so to comply.


Fiscal year
4   The fiscal year of the Plan is from April 1 in one year to March 31 in
the next.


Report to the Legislative Assembly
5(1)  The Minister shall prepare and lay before the Legislative Assembly a
report on the operation of the Plan with respect to each fiscal year.  

(2)  The report must include the most recent actuarial valuation report
prepared under section 8 unless that valuation report has already been
included in a previous annual report.


     PART 2

     PARTICIPATION 

The participants
6   The persons who are to and are allowed to participate in the Plan are

     (a)  all judges, and

     (b)  all former judges who are on LTDI.


     PART 3

     FUNDING

Registered  pension plan fund
7(1)  The Provincial Judges and Masters in Chambers Pension Fund referred
to in section 21.2 of the Financial Administration Act is continued as the
"Provincial Judges and Masters in Chambers (Registered) Pension Plan Fund"
for this Plan.

(2)  The Minister of Finance shall hold and administer the plan fund in
accordance with this Schedule.

(3)  The Minister of Finance shall invest the assets of the plan fund in
accordance with the Employment Pension Plans Act and the regulations under
it.

(4)  All the assets of the Plan are to be held in, and all its liabilities
are to be assumed by, the plan fund.


Actuarial valuation report
8   The Minister shall have an actuarial valuation of the Plan performed,
and a report on that valuation prepared, by an actuary at least once every
3 years.


Fiduciary relationship and use of surplus
9(1)  Subject to subsection (2), the Minister of Finance shall hold the
assets of the Plan in trust for the persons who are or who become entitled
to benefits, and for the payment of the costs of administering the Plan.

(2)  Without breaching the trust under or being in any other manner
affected by subsection (1), where the total amount held under that
subsection exceeds the amount that is actuarially determined to be
necessary to pay benefits and the costs of administering the Plan, the
Lieutenant Governor in Council may, with respect to any portion or all of
the excess,

     (a)  transfer it to the General Revenue Fund, or

     (b)  apply it towards reduction of the contributions for which the
Government is liable under section 12.


Contributions and accretion
10(1)  All contributions to the Plan, with interest if any, shall be made
and remitted to the Minister of Finance, who shall deposit them into the
plan fund directly on receiving them.

(2)  All income of and all appreciation and depreciation in the value of
the assets of the Plan accrue to the plan fund.


Participant contributions
11(1)  Subject to this section, a participant shall, at intervals
coinciding with the salary periods fixed by order of the Minister, make
contributions for current service at the rate of 

     (a)  9%, until March 31, 2000, and

     (b)  7%, with effect from April 1, 2000,

of the participant's capped salary.

(2)  A participant who is about to enter into a period of leave without
salary that does not exceed the 2-year maximum specified in section 13(3)
may apply to have that period taken into account as pensionable service
and, if he or she wishes to have it so taken into account, shall make and,
to the extent, if any, necessary, remit contributions, with respect to that
leave, 

     (a)  pursuant to subsection (1) for the period of or periods
aggregating one year less any periods of leave without salary previously
taken and falling within this clause or section 9(4)(b) of the former
Regulation, and

     (b)  pursuant to subsection (1), except at double the rate set out
in subsection (1), for any subsequent periods.

(3)  Notwithstanding anything in this section, participant current service
contributions are not to be made after a participant 

     (a)  attains a benefit accrual percentage of 70%, the benefit
accrual percentage being equal to

          (2% x A) + (2.67% x B) + (3% x C)

          where

          A =  the participant's years of pensionable service before
April 1, 1998,

          B =  the years of pensionable service from April 1, 1998 to
March 31, 2000, and

          C =  the years of pensionable service after March 31, 2000,

     or 

     (b)  reaches the latest pension accrual date,

whichever of those events occurs first.

(4)  A participant shall not make contributions while on LTDI except that,
if a participant on LTDI is also earning a salary under a rehabilitation
employment program, he or she shall make and remit contributions pursuant
to subsection (1) in respect of that salary.

(5)  Subject to subsections (2) and (4), the Government is liable for the
remittance of the participant current service contributions under
subsection (1), for which purpose it may withhold those contributions from
remuneration payments. 


Government contributions
12(1)  The portion of the current service cost for which the Government is
liable is the cost of future benefit accruals after taking into account
participant current service contributions and any excess amount applied
towards a reduction of its contributions pursuant to section 9(2)(b).

(2)  Subject to section 9(2), the Minister shall, if necessary, within a
reasonable time after receiving an actuarial valuation report under section
8 and following the recommendations of the actuary in the report, in
writing adjust the Government's contributions

     (a)  in respect of current service, to a rate, determined by
reference to a percentage of participants' capped salaries, that is
sufficient to finance that portion of the current service cost that is
ascribed to the Government by subsection (1), and

     (b)  if the Plan has an unfunded liability within the meaning of the
Employment Pension Plans Regulation (AR 35/2000), to payments that are
sufficient to amortize that unfunded liability in accordance with that
Regulation.


     PART 4

     PENSIONABLE SERVICE

Computation of pensionable service
13(1)  Subject to this section, in computing the length of pensionable
service that a person accumulated, the following are the periods to be
taken into account, namely,

     (a)  any period that legally constituted and that was recognized as
pensionable service under the former Regulation, and

     (b)  any period after March 31, 1998 in respect of which that person
was a participant.

(2)  Notwithstanding anything in this Plan, pensionable service is not to
accrue after a participant's maximum benefit accrual date or latest pension
accrual date, whichever occurs first, is reached.

(3)  Leave without salary occurring after March 31, 1998 may be taken into
account as pensionable service only

     (a)  if the participant complied with the terms and conditions of
the leave and returned to active judicial service as a sitting judge or
went on LTDI following the cessation of the leave,

     (b)  to the extent that the aggregate of all the periods of the
participant's leave without salary, before, on and after April 1, 1998,
does not exceed 2 years, and

     (c)  if the participant paid the requisite contributions under
section 11(2) in respect of the leave.

(4)  A person may not be credited with more than one year's pensionable
service in respect of service performed in a calendar year, regardless of
the nature and extent of the service so performed.

(5)  Service with respect to which the contributions made have been
returned or paid to a person or transferred out of the Plan on a person's
behalf may not be taken into account as pensionable service.


     PART 5

     BENEFITS

Interpretation and application of Subdivisions A
14(1)  This section applies with respect to the interpretation and
application of Subdivisions A of Divisions 1, 2 and 3 of this Part and,
subject to section 15(4), of Division 4 of this Part and, in any such
Subdivision or Division,

     (a)  "deferred pension" means a pension under section 40(b); 

     (b)  "highest average salary" means, subject to subsection (2), the
average of a person's annual salaries in the 5 or, if less than 5, the
total number of consecutive years (whether before or after or partly before
and partly after the beginning of 1992) of the following service over which
the average of the salaries was the highest, namely

               (i)  his or her pensionable service, and

               (ii) any further service that would be pensionable
service but only for its occurring between the maximum benefit accrual date
and the latest pension accrual date; 

     (c)  "normal pension" means a pension in the amount receivable under
section 19(1) and in the form specified in section 19(2)(a) or (b),
depending on which of those clauses applies; 

     (d)  "participant contributions" means, so far as they relate to
service that occurred before 1992 and have not previously been returned,
contributions with interest recognized as employee contributions for the
purposes of section 12(1)(a) of the former Regulation.

(2)  Section 15(2) applies.

(3)  Except where specifically stated, Subdivision A of Division 1, 2 or 3
of this Part applies only with respect to service that occurred before
1992.

(4)  Where a provision of Division 4 uses an expression that is the
subject-matter of an interpretation provision of this section, then this
section applies with respect to the interpretation of that expression so
far as it relates to service that occurred before 1992.


Interpretation and application of Subdivisions B
15(1)  This section applies with respect to the interpretation and
application of Subdivisions B of Divisions 1, 2 and 3 of this Part and,
subject to section 14(4), of Division 4 of this Part and, in any such
Subdivision or Division,

     (a)  "deferred pension" means a pension under section 41(b);

     (b)  "highest average capped salary" means, subject to subsection
(2), the average of a person's annual capped salaries

               (i)  to the extent that the benefit is based on
pensionable service before April 1, 1998, in the 5 or, if less than 5, the
total number of consecutive years, and

               (ii) to the extent that the benefit is based on
pensionable service after March 31, 1998, in the 3 or, if less than 3, the
total number of consecutive years,

          (whether before or after or partly before and partly after the
beginning of 1992) of the following service over which the average of the
capped salaries was the highest, namely his or her pensionable service and
any further service that would be pensionable service but only for its
occurring between the maximum benefit accrual date and the latest pension
accrual date; 

     (c)  "normal pension" means a pension in the amount receivable under

               (i)  section 27(1), in the case of pensionable service
that occurred after December 31, 1991 and before April 1, 1998, or

               (ii) section 27(2), in the case of pensionable service
occurring after March 31, 1998,

          and in the form specified in section 27(3)(a) or (b), depending
on which of those clauses applies; 

     (d)  "participant contributions" means, so far as they have not
previously been returned, participant current service contributions, with
interest.

(2)  For the purpose of determining the consecutive years referred to in
subsection (1)(b), breaks in service shall be disregarded.

(3)  Except where specifically stated, Subdivision B of Division 1, 2 or 3
of this Part applies only with respect to service that occurred or occurs
after 1991.

(4)  Where a provision of Division 4 uses an expression that is the
subject-matter of an interpretation provision of this section, then this
section applies with respect to the interpretation of that expression so
far as it relates to service that occurred or occurs after 1991.


Limitation of benefits where obtainable under Subdivisions A and B
16(1)  Notwithstanding anything in this Part, so far as applicable,

     (a)  where more than one type of benefit is obtainable under
Subdivision A or B of Division 1, 2 or 3 of this Part and benefits
corresponding to those Subdivision A or B benefits are also obtainable
under Subdivision B or A thereof, as the case may be, the person entitled
is permitted to take only the one type of benefit under the 2 Subdivisions, 

     (b)  if benefits under the 2 Subdivisions would otherwise be
obtainable at or from different times, the person may only take the
benefits at or commencing from one single time under the 2 Subdivisions,
and

     (c)  where different forms of pension may be selected, only one form
of pension may be selected under the 2 Subdivisions.

(2)  The taking of a pension in the form of a normal pension under
Subdivisions A and B of Division 1, 2 or 3 of this Part is not to be
considered as constituting different forms of pension for the purposes of
subsection (1).


Vesting based on all service
17   In any provision of this Part (including section 1(cc) where
applicable) predicating entitlement to a benefit on whether or not a
minimum number of years' service has been accumulated, the reference to
service includes service accruing before, on and after January 1, 1992.


     Division 1
     Retirement Benefits

     Subdivision A
     For Service Before 1992

Limitation of benefits to meet tax rules
18   Benefits that relate to service that is pensionable under section 13
are limited to what is allowed by the tax rules.


Normal pension based on age and service
19(1)  A vested person who terminates after March 31, 1998 and has attained
the age of 55 years is entitled to receive a pension in the annual amount
that is equal to 2% of the highest average salary multiplied by the years
of pensionable service.

(2)  A pension under subsection (1) is payable,

     (a)  if the pensioner did not have a pension partner at pension
commencement or if he or she did but a valid statutory declaration under
section 20(3) was filed in respect of the pension, for the life of the
pensioner, or

     (b)  if the pensioner did have a pension partner at pension
commencement and such a declaration was not filed in respect of the
pension, in the form of a single life pension, payable only for the life of
the pensioner with the provision that, if the pensioner dies survived by
that person, the pension is payable to that person for life in an amount
equal to 3/4 of the pension that would have been payable to the pensioner
had the latter continued to live.


Pension partner protection
20(1)  Notwithstanding anything in the Plan except subsections (2) and (3),
a pensioner who has a pension partner at pension commencement is deemed for
the purposes of the Plan to choose a pension in the form specified in
section 19(2)(b).

(2)  The pensioner may select a form of joint life pension under section
21(1), as it incorporates section 29(1)(b) or (d), with the pension partner
at pension commencement as the designated nominee, rather than that
referred to in subsection (1). 

(3)  Section 28(3) applies, with the reference to section 28(6) being taken
as a reference to subsection (6) as it incorporates section 28(6).

(4)  Section 28(4) applies.

(5)  Section 28(5) applies.

(6)  Section 28(6) applies, with the reference to section 28(3)(b) being
taken as a reference to subsection (3) as it incorporates section 28(3)(b).


Alternative forms of pension
21(1)  A person who is entitled to receive a pension in the form specified
in section 19(2)(a) is entitled, as an alternative, to select any form of
pension from any of those provided for in section 29(1).

(2)  Where an alternative form of pension is selected under subsection (1),
the pension is in an amount that is the actuarial equivalent of the pension
payable in the form specified in section 19(2)(a).

(3)  Section 29(3) applies.


Disability pensions
22(1)  Section 31(1) applies, with the reference in it to section 32 being
taken as a reference to section 23.

(2)  Subject to subsection (3), a person referred to in section 31(2)
becomes and, subject to section 23, is entitled to receive a pension in the
form and in the amount of a normal pension, reduced, however, in amount by
3/12 of 1% for each complete month (with a proration for the additional
portion, if any, of a month) by which pension commencement falls short of
the 55th birthday.

(3)  Section 31(3) applies.

(4)  Section 31(4) applies, with the reference in it to section 32 being
taken as a reference to section 23.


Disability pension adjustments
23   Section 32 applies with the references to section 31(1) and (2) being
taken as references to section 22(1) and (2) respectively.


Postponement of pension
24(1)  A person who has not reached the latest pension accrual date and who
is entitled to receive a pension under section 19(1) or 40(b) may postpone
commencement of the pension to any date up to that date.

(2)  Whether or not the person has taken any active steps to effectuate a
postponement, the pension becomes postponed when, and only when, it
transpires that pension commencement has not occurred at the earliest date
when, given the circumstances described in the relevant enactment referred
to in subsection (1), it could have occurred.

(3)  When a pension that was postponed becomes payable, it is to be in the
form of a normal pension and in the amount that is the actuarial equivalent
of the normal pension that the person would have been entitled to receive
had the postponement not been made.


Failure to select pension
25   Section 34 applies.


     Subdivision B
     For Service After 1991

Tax rule limitations on benefits
26   Notwithstanding anything in the Plan but without affecting any
particular provision of the Plan further limiting benefits, benefits are
limited to what is allowed by the tax rules.


Normal pension based on age and service
27(1)  A vested person who

     (a)  terminates after March 31, 1998, and 

     (b)  either

               (i)  has attained the age of 55 years with the sum of
his or her age and judicial service amounting to at least 80 years, or

               (ii) has attained the age of 60 years,

is entitled to receive a pension in the annual amount that is equal to 2%
of the highest average capped salary multiplied by the years of pensionable
service that occurred after December 31, 1991 and before April 1, 1998.

(2)  A vested person who

     (a)  terminates after March 31, 1998, and 

     (b)  subject to subsection (4), has attained the age of 60 years
with the sum of his or her age and judicial service amounting to at least
80 years,

is entitled to receive a pension in the annual amount that is equal to 2%
of the highest average capped salary multiplied by the years of pensionable
service occurring after March 31, 1998.

(3)  A pension under subsection (1) or (2) is payable,

     (a)  if the pensioner did not have a pension partner at pension
commencement or if he or she did but a valid statutory declaration under
section 28(3) was filed in respect of the pension, for the life of the
pensioner, or

     (b)  if the pensioner did have a pension partner at pension
commencement and such a declaration was not filed in respect of the
pension, in the form of a single life pension, payable only for the life of
the pensioner with the provision that, if the pensioner dies survived by
that person, the pension is payable to that person for life in an amount
equal to 2/3 of the pension that would have been payable to the pensioner
had the latter continued to live.

(4)  The 80 factor requirement of subsection (2)(b) does not apply to a
person who terminates on or after reaching his or her latest pension
accrual date. 


Pension partner protection
28(1)  Notwithstanding anything in the Plan except subsections (2) and (3),
a pensioner who has a pension partner at pension commencement is deemed for
the purposes of the Plan to choose a pension in the form specified in
section 27(3)(b).

(2)  The pensioner may select a form of joint life pension under section
29(1)(b), (c) or (d), with the pension partner at pension commencement as
the designated nominee, rather than that referred to in subsection (1).

(3)  Subsections (1) and (2) do not apply where there was filed with the
Minister

     (a)  a valid statutory declaration by the person who was the pension
partner at pension commencement in the form set out in, and signed in
accordance with the requirements of, Form 1 of the Subschedule,

     (b)  where that person was a pension partner within the meaning of
section 1(y)(iii) and the circumstances described in subsection (6) apply,
a valid statutory declaration by the pensioner in the form set out in Form
2 of the Subschedule, or

     (c)  a matrimonial property order.

(4)  Notwithstanding subsection (3), a declaration under that subsection is
not valid if it is made more than 90 days before pension commencement.

(5)  A pension payable under subsection (2) is in an amount that is the
actuarial equivalent of the pension payable in the form of a normal
pension. 

(6)  The circumstances referred to in subsection (3)(b) are that

     (a)  the pension partner was separated from the pensioner for at
least 3 years prior to pension commencement, and

     (b)  the Minister has not been notified in writing that any
matrimonial property proceeding designed to obtain a matrimonial property
order has been or is about to be commenced.


Alternative forms of pension
29(1)  A person who is entitled to receive a pension in the form specified
in section 27(3)(a) is entitled, as an alternative, to select a form of
pension from one of the following:

     (a)  a guaranteed term pension, payable for 

               (i)  whichever term, being 5, 10 or 15 years, is
selected by the pensioner, or

               (ii) his or her life, 

          whichever is the longer;

     (b)  a joint life pension, payable during the joint lives of the
pensioner and a nominee designated by  the pensioner and which, after the
death of either, continues to be payable

               (i)  in the same amount as the amount payable before the
death, or

               (ii) in the amount of 2/3 of it,

          to the survivor for life;

     (c)  a joint life pension, payable during the life of the pensioner
with the provision that, if the pensioner dies survived by a  nominee
designated by the pensioner, the pension is payable to that person for life
in an amount equal to 3/4 of the pension that would have been payable to
the pensioner had the latter continued to live;

     (d)  a joint life pension described in clause (b) that is payable,
in the event that the survivor dies within 5 years of pension commencement,
for the remainder of the guaranteed term of 5 years from pension
commencement in the same amount as was payable to the survivor immediately
before the survivor's death.

(2)  Where an alternative form of pension is selected under subsection (1),
the pension is in an amount that is the actuarial equivalent of the pension
payable in the form specified in section 27(3)(a).

(3)  The designated nominee referred to in subsection (1) for a joint life
pension must, at the time of pension commencement, be eligible for
post-retirement survivor benefits under and within the meaning of  the tax
rules. 


Pension on early retirement
30(1)  A vested person who terminates after March 31, 1998 and has attained
the age of 55 years without meeting the requirements of section 27(1)(b) is
entitled to receive a pension, with respect to pensionable service that
occurred after December 31, 1991 and before April 1, 1998, in the form and
in the amount of a normal pension, reduced however, if applicable, in
amount by 3/12 of 1% for each complete month (with a proration for the
additional portion, if any, of a month) by which pension commencement falls
short of the date when he or she attains the age of 60 years or the date
when his or her future age and the accumulated judicial service to pension
commencement would amount to 80 years, whichever of those dates occurs
first.

(2)  A vested person who terminates after March 31, 1998 and has attained
the age of 55 years without meeting the requirements of section 27(2)(b)
(taking into account, if applicable, the effect of section 27(4)) is
entitled to receive a pension, with respect to pensionable service
occurring after March 31, 1998, in the form and in the amount of a normal
pension, reduced however, if applicable, in amount by 3/12 of 1% for each
complete month (with a proration for the additional portion, if any, of a
month) by which pension commencement falls short of

     (a)  the date when he or she attains the age of 60 years, or

     (b)  the date when his or her future age and accumulated judicial
service to pension commencement would amount to 80 years or, if sooner, the
latest pension accrual date, 

whichever of the dates specified in clauses (a) and (b) occurs last.


Disability pensions
31(1)  Subject to subsection (3), a vested person who, before attaining the
age of 55 years,

     (a)  satisfies the Judicial Council that he or she has become
totally disabled, and

     (b)  either terminates as a result of that disability or had
previously terminated and had elected to receive a deferred pension,

becomes and, subject to section 32, is entitled to receive a normal
pension.

(2)  Subject to subsection (3), a vested person who, before attaining the
age of 55 years, 

     (a)  satisfies the Judicial Council that he or she

               (i)  has become incapable of effectively performing the
regular duties of his or her work as a result of mental or physical
impairment, and

               (ii) is not totally disabled,

     and

     (b)  either terminates as a result of that impairment or had
previously terminated and had elected to receive a deferred pension,

becomes and, subject to section 32, is entitled to receive a pension in the
form and in the amount of a normal pension, reduced, however, by the amount
by which the pension would have been reduced had section 30 been applicable
and had termination occurred under the provisions of that section.

(3)  A person is not entitled to receive any pension if on LTDI.

(4)  In this section and in section 32, "totally disabled" means suffering
from a physical or mental impairment that can reasonably be expected to
last for the remainder of the person's lifetime and that prevents the
person from engaging in the duties of a judge. 


Disability pension adjustments
32(1)  Where a person who has not yet attained the age of 55 years is in
receipt of a pension under section 31(1) and

     (a)  does not submit the evidence required under section 65 of the
continuing total disability, or

     (b)  the Judicial Council finds that he or she is no longer totally
disabled,

the Minister may have the pension reduced to the amount provided for by
section 31(2).

(2)  Where a person who has not yet attained the age of 55 years is in
receipt of a pension under section 31(2) and satisfies the Judicial Council
that he or she is totally disabled, the Minister may upgrade the pension to
a pension under section 31(1) with effect from the date of the application
for the upgrading.

(3)  Where a person who has not yet attained the age of 55 years is in
receipt of a pension under section 31(2) and the Minister is no longer
satisfied that he or she is eligible for the pension, the Minister may
eliminate payment of the pension.


Postponement of pension
33   A person who has not reached the latest pension accrual date and who
is entitled to receive a pension under section 27, 30 or 41(b) may postpone
commencement of the pension to any date up to that date.


Failure to select pension
34   A person who is requested in writing by the Minister to make a choice
of pensions and who fails to do so within 90 days after the request is sent
is deemed for the purposes of the Plan to have chosen a pension in the form
of a normal pension.


     Division 2
     Death Benefits

Application of Division
35   This Division applies with respect to a person who dies while 

     (a)  a participant, or

     (b)  a former participant who is not receiving a pension but is
entitled to benefits.


     Subdivision A
     For Service Before 1992

Pension partner's benefit on death before pension commence-ment
36   Where there is a surviving pension partner, the pension partner is
entitled to receive a pension for life in an amount equal to 3/4 of the
normal pension.


Benefits to other beneficiaries
37   Section 39 applies with the reference to section 29(1)(a) being taken
as a reference to section 21(1), as it incorporates section 29(1)(a).

     Subdivision B
     For Service After 1991

Pension partner's benefit on death before pension commence-ment
38   Where there is a surviving pension partner, the pension partner is
entitled, 

     (a)  if the deceased was vested, to receive, subject to any maximum
limit imposed by the tax rules, a pension for life in an amount equal to
2/3 of the normal pension, or

     (b)  if the deceased was not vested, 

               (i)  to receive an amount equal to the participant
contributions, or

               (ii) to have that amount transferred from the Plan.


Benefits to other beneficiaries
39   Where there is no surviving pension partner, the person entitled to
receive any benefit on the death is entitled to receive an amount equal to
the participant contributions except that, if the deceased had attained the
age of 55 years and was vested, 

     (a)  the deceased is deemed to have chosen a pension under section
29(1)(a) on a 10-year term basis if he or she had not made a valid choice
as to the form of pension to be taken, and 

     (b)  if such a choice had been made, the pension is payable in
accordance with that choice.


     Division 3
     Benefits on Termination Before Pension Eligibility

     Subdivision A
     For Service Before 1992

Vested participants under 55
40  Where a vested participant terminates and has not yet attained the age
of 55 years, he or she is entitled to receive, on attaining the age of 55
years, a normal pension.


     Subdivision B
     For Service After 1991

Vested participants under 55
41  Where a vested participant terminates and has not yet attained the age
of 55 years, he or she is entitled

     (a)  to receive an amount equal to the participant contributions or
to have that amount transferred from the Plan, or

     (b)  to receive, on attaining the age of 55 years, a pension in the
form and in the amount of a normal pension reduced, however, as specified
in section 30(1) to the extent that the pension derives from pensionable
service that occurred after December 31, 1991 and before April 1, 1998 and
section 30(2) to the extent that it derives from pensionable service
occurring after March 31, 1998.


Non-vested participants
42  Where a non-vested participant terminates, he or she is entitled

     (a)  to receive an amount equal to the participant contributions, or

     (b)  to have that amount transferred from the Plan.


     Division 4
     Miscellaneous Provisions on Benefits

Cost-of-living increases
43(1)  Notwithstanding anything else in the Plan, if the cost of living has
increased in the 12-month period ending on October 31 in the calendar year
previous to the current calendar year, all amounts payable as pensions in
the current calendar year shall be increased by a cost-of-living increase
calculated in accordance with subsections (3) to (6). 

(2)  The increases shall also be applied to the periods

     (a)  of postponement under section 24 or 33, and

     (b)  between termination and the commencement of a deferred pension.

(3)  The amount of a cost-of-living increase under this section shall be
determined using a pension index, calculated in accordance with subsection
(4).

(4)  The pension index for each calendar year shall be calculated as

     (a)  the quotient obtained by dividing the sum of the consumer price
indices for Alberta, as published by Statistics Canada, for each month in
the 12-month period ending on October 31 in the previous year by the sum of
the corresponding indices for the 12-month period immediately preceding
that period, adjusted to 3 digits after the decimal point, or

     (b)  one, if the quotient so obtained is less than 1.

(5)  Subject to subsection (6), the monthly amount of a pension in one
calendar year shall be increased, if applicable, annually with effect from
January 1 of the following calendar year so that the amount payable, to the
nearest cent, for a month in that following year is an amount equal to the
product obtained by multiplying

     (a)  the amount that would have been payable for that month if no
increase had been made under this section,

     by

     (b)  1 + .6X,

where X is equal to the pension index (calculated in accordance with
subsection (4)) minus 1.

(6)  Where a pension has commenced in the calendar year immediately
preceding the effective date of a cost-of-living increase, the amount of
the increase shall be multiplied by the fraction obtained by dividing the
number of complete months in that year during which the pension was paid by
12.


Interest allowance
44(1)  Where the Plan provides for the allowing of interest, interest shall
be allowed at the rate, compounded annually, calculated in the manner and
applied at the times, provided in subsections (2) to (5).

(2)  Subject to this section, the rate of interest to be allowed for the
purposes of subsection (1) is the rate that is calculated on and as of the
first day of the calendar year on the basis of the average of the yields of
5-year personal fixed term chartered bank deposit rates maintained by
Statistics Canada as CANSIM Series B 14045, over the most recent 12-month
period for which the rates are available and, where that rate results in a
fraction of 1% that is expressed otherwise than as a multiple of a full
1/10 of 1%, rounded downwards to the next full 1/10 of 1%.

(3)  Interest shall be applied on the first day of each calendar year with
respect to all contributions, with interest accumulated up to the end of
the calendar year immediately preceding the most recently completed
calendar year.

(4)  Interest shall be applied on the first day of each fiscal year to
contributions made during the most recently completed calendar year at 1/2
of the applicable rate provided by subsection (2).

(5)  Where a person becomes entitled to have a benefit, other than a
pension, paid to  him or her or transferred, interest shall be applied to
the end of the month immediately preceding the date of payment,

     (a)  at the rate calculated by dividing 365 into the product of the
number of days in the uncompleted fiscal year with respect to which
interest is to be paid and the applicable rate provided for by subsection
(2) at the end of the immediately preceding fiscal year, and

     (b)  to contributions made during the more recent uncompleted
calendar year, at 1/2 of the rate applied under clause (a).


Pension commence-ment
45(1)  Where a person becomes entitled to receive a pension under section
19(1), 27 or 30 and does not postpone commencement of that pension, the
effective date of the commencement of the pension is the day after
termination.

(2)  Where a person becomes entitled to receive a pension under section 22
or 31, the effective date of the commencement of the pension is the latest
of

     (a)  the date indicated in the application for the pension,

     (b)  the day of receipt of the application by the Minister, and

     (c)  the day after termination.

(3)  Where a person becomes entitled to receive a pension under section
40(b) or 41(b) and does not postpone commencement of that pension, the
effective date of the commencement of the pension is the latest of

     (a)  the date indicated in the application for the pension,

     (b)  the day of receipt of the application by the Minister, and

     (c)  the day after the person attains the age of 55 years.

(4)  Where a person postpones commencement of a pension, the effective date
of the commencement of the pension is the later of

     (a)  the date indicated in the application for the pension, and

     (b)  the day of receipt of the application by the Minister, 

but in any case no later than the latest pension accrual date.

(5)  Notwithstanding subsection (2) or (3), the Minister may treat the
effective date of the commencement of a pension under that subsection as
being a date that is not more than 6 months prior to the date that would
otherwise be the effective date under that subsection and that is not prior
to the day after termination.

(6)  The effective date of the commencement of a pension under Division 2
of Part 5 is the day following the death of the deceased.


Commence-ment of guaranteed term of years

46   The guaranteed term of a guaranteed term pension is to be taken as
commencing on pension commencement.


Suspension of pension on employment
47(1)  Where a pensioner receiving a pension becomes engaged to work for an
employer as defined in the Management Employees Pension Plan (AR 367/93) or
the Public Service Pension Plan (AR 368/93) and is required to make
participant current service contributions under the Management Employees
Pension Plan or under the Public Service Pension Plan, as the case may be,
the pension is suspended from the day he or she becomes a participant of
that pension plan until no longer a participant.

(2)  Where a pensioner receiving a pension becomes engaged to work for an
employer referred to in subsection (1) and is not required to make
participant current service contributions so referred to, the pension is
suspended while so engaged if the period of work 

     (a)  in any year exceeds a total of 

               (i)  4 months or 84 working days, or 

               (ii) such longer period, not exceeding 8 months or 168
working days, as the Minister directs,

     or

     (b)  commences during the 3-month period immediately following the
effective date of the pension.  

(3)  Subsection (1) or (2) does not apply to a person appointed as a
supernumerary judge of the Provincial Court unless the pension is liable to
suspension under that subsection as a result solely of work other than as a
supernumerary judge.


Suspension of pension on reappointment
48(1)  Where a pensioner receiving a pension is reappointed as a judge, the
pension is suspended from the day he or she again becomes a participant
until termination. 

(2)  The reappointed participant is entitled, on again terminating, to an
additional pension based solely on pensionable service accumulated after
the reappointment.  


Beneficiaries
49(1)  Any person on whose death a benefit is payable is a participant for
the purposes of section 47 of the Trustee Act.

(2)  Where a person designates his or her estate as being entitled to
receive a benefit payable on death, or makes a designation using words
indicative of  the estate or of the representative capacity of his or her
personal representative, he or she is deemed to have designated the
personal representative of the estate in the representative capacity.

(3)  Where,

     (a)  at the death of a person on whose death a benefit is payable,
there is no valid designation by  the deceased filed with the Minister, or

     (b)  after the death but before any payment is made under subsection
(4), there is filed with the Minister a valid  revocation by the deceased
of a designation filed with the Minister 

and no valid designation is filed with the Minister before any such payment
is made, the person entitled to receive any benefit payable on the death is
the deceased's pension partner, if there is a surviving pension partner, or
the personal representative of the deceased's estate, if there is no
surviving pension partner.

(4)  When a benefit is paid to a surviving pension partner or the personal
representative of an estate by virtue of the operation of subsection (3),
the payment is validly made as against the Plan, the Minister, the Minister
of Finance and the Government notwithstanding that a designation is filed
after the payment is made, and the person who would have been entitled
under the designation has no right to any benefit as a result of the
designation.

(5)  A benefit paid on the death of any person otherwise than to the
personal representative of a deceased's estate is not part of the estate of
the deceased and is not subject to the claims of the deceased's creditors.

(6)  The right of any person under section 47 of the Trustee Act or this
section to a benefit is subject to any rights given by Division 1 or 2 to
any other person.


Method of payment of pensions
50(1)  A pension shall be paid on a monthly basis in an amount equal to
1/12 of the annual amount of the pension.

(2)  If pension commencement occurs after the first day of a month, the
amount payable in respect of the remaining days in the month is as follows:

                                                                                 number of days remaining
   annual amount of pension   X                 in the month          
                                                                                           365

(3)  Subject to subsection (4), where a person in receipt of a pension
dies, the pension is payable to the person for the full month in which the
death occurred.

(4)  Subsection (3) does not have the effect of extending the term of any
guaranteed term pension.

(5)  Any reduction of a pension payable in the form specified in section
29(1)(b)(ii) or (c) or in section 29(1)(d), as it relates to section
29(1)(b)(ii) or section 21(1), as it incorporates those enactments,
resulting from a death is to be taken as occurring with effect from the
beginning of the month following that in which the death occurred.


Idem - conversion following death
51(1)  Where a pensioner who has chosen a guaranteed term pension dies
before the expiry of the guaranteed term and the person entitled to the
remainder of the pension payments requests the Minister in writing that
those payments be converted to a lump sum payment, the person so entitled
shall instead be paid the present value of the remaining pension payments.

(2)  Subsection (1) does not apply if the person entitled is the pension
partner or a dependent minor child in relation to the deceased unless the
Minister grants the request for the conversion.

(3)  Where a person is to be paid the present value under this section and
there are pension payments outstanding after the date of death and before
the payment of the present value, the outstanding payments are to be made
first and the remaining payments are to be converted to a lump sum.


Continuation of existing pensions and pension rights
52   A person who was in receipt of or entitled to a benefit immediately
before April 1, 1998 continues, subject to this Regulation, to be entitled
to that benefit and in the same form and subject to the same obligations
that applied on that date and the same survivorship rights, if any, that
applied on that date continue to apply thereafter.


     PART 6

     MISCELLANEOUS

Interest chargeable
53   Where a provision of this Plan provides for the charging of interest
and does not provide for a specific rate, interest shall be charged at the
rate that is calculated on and as of the first day of the fiscal year on
the basis of the average of the yields of 5-year personal fixed term
chartered bank deposit rates maintained by Statistics Canada as CANSIM
Series B 14045, over the most recent 12-month period for which the rates
are available and, where that rate results in a fraction of 1% that is
expressed otherwise than as a multiple of a full 1/10 of 1%, rounded
downwards to the next full 1/10 of 1%.


Advance against pension
54   Where there is a delay in processing a pension beyond 30 days from
pension commencement, the Minister of Finance may advance money to the
pensioner against the pension.


Actuarial formulas
55(1)  The actuarial formulas to be used for the purposes of the Plan or
for particular provisions of the Plan are to be certified by an actuary and 
approved in writing by the Minister for the purposes of the Plan.

(2)  The actuarial formulas are exempt from the application of the
Regulations Act.


Exercise of benefit choice
56(1)  A person wishing to exercise a choice in relation to a benefit must
do so by giving written notice to the Minister indicating the choice.

(2)  A choice made, including a choice deemed to be made, in relation to a
benefit is irrevocable when, and is not irrevocable until, the benefit is
received or commences to be paid.


Prohibition against assignment, etc.
57(1)  A person may not assign, charge, anticipate, give as security or
surrender any interest in a benefit or any rights under the Plan.

(2)  For the purposes of subsection (1),

     (a)  assignment does not include

               (i)  an assignment under a matrimonial property order,
or

               (ii) an assignment by the legal representative of a
deceased individual on the distribution of the individual's estate,

     and

     (b)  surrender does not include a reduction in benefits to avoid the
revocation of the Plan's registration.

(3)  Subsection (1) does not prohibit a reduction in benefits with respect
to service after 1991 to ensure compliance with the tax rules.


Matrimonial property orders
58   The right of any person to receive a benefit is subject to the rights
of a pension partner or former pension partner of that person arising under
a matrimonial property order filed with the Minister.


Liability of benefits to legal process
59   A person's interest in a benefit is not subject to garnishee
proceedings, attachment, seizure or any legal process.


Liability of Government and prohibition against extra-legislative benefits
or remedies
60(1)  Notwithstanding anything in this Schedule, the Minister of Finance
and the Minister shall not provide, and a person is not entitled to, any
benefits or any other  remedy at law or in equity relating to a benefit
unless that benefit or remedy is expressly provided for in and permitted by
this Plan.

(2)  Without limiting subsection (1), no action lies against the Minister,
the Minister of Finance or the Government in respect of

     (a)  any representation made, or any other information provided, by
any person to any other person in respect of benefits or other entitlements
under the Plan, or

     (b)  any failure to provide any information in connection with the
Plan, or to provide it on time.


Rights and obligations under former Regulation
61(1)  A person is not entitled under this Plan to any benefit or other
right provided for by or under the former Regulation except so far as the
benefit or right is provided for by or under this Plan.

(2)  Subsection (1) does not affect the amount of any benefit paid or
payment of which commenced before April 1, 1998.


Overpay-ments and deficiencies
62   Any overpayment of benefit paid or underpayment of contribution
payable is recoverable by the Minister, with interest, as a debt due to the
Plan.


Return of money
63(1)  If the Minister finds that a person paid a contribution that was
not, or that was in excess of what was, payable, the Minister of Finance
shall repay the contribution or the excess, with interest.

(2)  The Minister of Finance shall return any contribution to the person
who made it where returning it is necessary to ensure compliance with the
tax rules.


Retentions for debt
64(1)  The Minister of Finance may withhold from any benefit payable a sum
sufficient to meet any amount by which the person entitled to the benefit
is indebted to the Plan.

(2)  The Minister of Finance shall apply any money withheld under this
section in satisfaction of the debt to the Plan.


Requirement of evidence
65(1)  Before any benefit is paid or transferred, there must be provided to
the Minister

     (a)  where it is necessary to determine in relation to a person the
age, pension partner or single status, legal change of name or fact of
death, documents evidencing the facts, and 

     (b)  where a person applies for a pension under section 22 or 31,

               (i)  a medical statement from a physician outlining the
findings of a medical examination and assessing the degree of the person's
disability or mental or physical impairment, and

               (ii) any other documents evidencing that incapacity that
the Minister specifies.

(2)  Without limiting the application of subsection (3), for the purposes
of determining whether a person who has been granted a pension under
section 22 or 31 is to continue to receive the same amount of pension or
not, the Minister may require that person

     (a)  to undergo the special medical examinations,

     (b)  to supply the reports, and

     (c)  to supply the statements of his or her occupation and earnings
for any period,

that the Minister specifies.

(3)  For the purposes of determining whether a person who has been granted
a pension is or is not entitled to continue to receive the same amount of
pension or any pension at all, the Minister may require that person to
supply any information that the Minister considers relevant to determining
that entitlement.


Appeals
66(1)  A person aggrieved by a decision of the Minister arising out of the
administration of the Plan may appeal against that decision.

(2)  A person wishing to appeal under this section must serve the Minister
with a notice of appeal in the form approved by the Minister within 30 days
of being notified in writing of the decision appealed against or within
such longer period as the Minister, on application, allows.

(3)  The notice of appeal must specify the decision appealed against and
the grounds of appeal.

(4)  The Minister shall, within 30 days of being served with a notice of
appeal under subsection (2), appoint an appeal board to hear the appeal
consisting of the following members appointed by the Minister:

     (a)  one person appointed on the nomination of the Minister of
Justice and the Attorney General;

     (b)  one person appointed on the nomination of The Alberta
Provincial Judges Association;

     (c)  one person appointed on the joint nomination of the persons
appointed under clauses (a) and (b).

(5)  The person appointed under subsection (4)(c) is the chair of the
appeal board.

(6)  The Minister may set the time within which the appeal board is to hear
the appeal and give a decision and may extend that time.

(7)  The appeal board may, by order,

     (a)  confirm the decision appealed against,

     (b)  vacate it, or

     (c)  vary it so as to effectuate any other decision that the
Minister was lawfully empowered to make.

(8)  The appeal board shall serve the appellant and the Minister with a
copy of its decision, including the reasons for the decision.

(9)  The Minister may pay from the plan fund the fees and reasonable living
and travelling expenses that he or she considers proper to the members of
an appeal board.

(10)  Where members of the appeal board appointed under subsection (4)(a)
and  (b) fail to agree on a joint nomination under subsection (4)(c), the
Court of Queen's Bench may, on the application of the Minister, the
Minister of Justice and Attorney General or The Alberta Provincial Judges
Association, appoint the 3rd member of the appeal board in place of the
joint nominee.


Termination of the Plan, and surplus on wind-up
67(1)   If the Plan is terminated and the Plan's assets are not sufficient
to pay all the benefits under the Plan, the benefits are payable by the
Government.

(2)   If, after all benefits are provided on the complete wind-up of the
Plan, assets remain in the Plan, those assets shall be transferred to the
General Revenue Fund.


Transitional - interest rates - 1998
68   Notwithstanding section 44, for the 9-month period ending on December
31, 1998, interest shall be allowed at an effective annual rate of 4.20%.


Transitional - actuarial tables
69   Notwithstanding section 55(1), the actuarial tables in use as at March
31, 1998 under the former Regulation continue in force until actuarial
formulas are effected under that subsection.


Transitional - pre-April 1, 1998 service purchases
70(1)  In this section, "prior service" means prior service within the
meaning of the former Regulation.

(2)  Where, as at March 31, 1998, a participant was still paying
contributions under the former Regulation to establish prior service  as
pensionable service under the arrangements then prevailing, that
participant is entitled to continue to make those payments and thereby to
establish that prior service as pensionable service under the same
conditions as prevailed under the former Regulation.

(3)  Where a participant referred to in subsection (2) does not pay all the
prior service contributions required by the arrangements referred to in
subsection (2), only the prior service in respect of which contributions
have been paid shall be taken into account as pensionable service. 

(4)  Contributions paid by a participant under subsection (2) are
participant contributions for the purposes of section 14(1)(d).


71   Repealed AR 196/2001 s6.


Transitional -- election for certain judges
71.1   Where a judge or former judge

     (a)  reached the latest pension accrual date between April 1, 1998
and October 29, 2001,

     (b)  commenced to receive a pension under the former Regulation as a
result of the impact of that Regulation on the reaching of that date,

     (c)  continued to be a judge after that pension commenced, and

     (d)  is or was, but for this section, required by  this Regulation

               (i)  to repay an amount equal to the amount of pension
payments received, with interest, and

               (ii) otherwise to participate in this Plan following the
reaching of that date,

then, notwithstanding all the other terms of this Plan, that  person may,
at any time before January 1, 2003, by giving notice in writing to the
Minister, elect that this Plan will apply for all purposes as if the person
had terminated on that latest pension accrual date.


Transitional - interest relief for non-electing judges
71.2   Where a judge or former judge is entitled to, but does not, make the
election under section 71.1, then, notwithstanding section 62, that person
is not liable to pay the interest referred to in section 71.1(d)(i) with
respect to any period before January 1, 2003.


     SUBSCHEDULE

     FORM 1
     (Sections 20(3) and 28(3)(a))


     PENSION WAIVER OF PENSION PARTNER
     AS AT PENSION COMMENCEMENT


     STATUTORY DECLARATION

CANADA         )    IN THE MATTER OF A PENSION
FOR PROVINCE   )    PARTNER WAIVER OF BENEFITS
OF ALBERTA          )    UNDER THE PROVINCIAL JUDGES
TO WIT         )    AND MASTERS IN CHAMBERS
                    (REGISTERED) PENSION PLAN
                    AND THE PROVINCIAL JUDGES
                    AND MASTERS IN CHAMBERS
                    (UNREGISTERED) PENSION PLAN


     NOTE:     If this declaration is signed before pension  commencement, it
has no effect until then.  It should reflect circumstances at pension
commencement.  Therefore, if stated circumstances change between now and
pension commencement, you should notify the Minister.  The form is dealing
with the situation as at pension commencement, despite the fact that the
declaration may be signed before or after pension commencement.  It may not
be signed more than 90 days before pension commencement in any case.

I,                (Full Name of "pension partner")                , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/ Country
(if other than Canada)) solemnly declare as follows:

1.   As of (Date of Pension Commencement) I am  the "pension partner" (as
described below) of  (Name of Pensioner)  ("the pensioner"), a retiring
member of the Provincial Judges and Masters in Chambers (Registered)
Pension Plan or the Provincial Judges and Masters in Chambers
(Unregistered) Pension Plan, or both ("the Plans").

2.   Being the pensioner's "pension partner" means that as of pension
commencement I meet one of the following sets of conditions:

               (a)  I am married to and not judicially or otherwise
separated from the pensioner;

               (b)  I am married to and judicially or otherwise
separated from the pensioner but wholly or substantially dependent on the
pensioner;

               (c)  there is no one who falls within paragraph (a) or
(b) above, and

                         (i)  I have lived continuously with the
pensioner for the 3 years immediately before pension commencement in a
conjugal relationship, and throughout that 3-year period I have been
represented by the pensioner in our community as being in a conjugal
relationship with the pensioner, or

                         (ii) I have lived with the pensioner in a
conjugal relationship of some permanence up to pension commencement of
which there is a child or children by birth or adoption, and throughout
that period I have been represented by the pensioner in our community as
being in a conjugal relationship with the pensioner;

               (d)  there is no one who falls within paragraph (a), (b)
or (c) above, and I am married to but separated from the pensioner and not
wholly or substantially dependent on the pensioner.

3.   I understand that if in fact I am the pensioner's pension partner at
pension commencement, the Plans require that the pensioner take a pension
which, after his or her death, will continue to be paid to me for life in
an amount that is 2/3 or more of the amount that would have been payable to
the pensioner had he or she continued to live.

4.   I also understand that if I sign this waiver form and it is filed
with the Minister I will have given up my rights to the survivor benefit
described above.  I further understand that signing this waiver means that
the pensioner may choose a pension that provides me with a lower survivor
pension benefit than described above or no survivor pension benefit at all
and that the pensioner has no obligation to grant me any benefit under
either Plan.

5.   Understanding everything described above, I nevertheless waive my
rights.

6.   I have read this form and understand it.

7.   The facts stated were true as at pension commencement (if that date
has passed) or will truly reflect circumstances at pension commencement to
the best of my knowledge and belief (if that date has not yet arrived).  In
the latter case, if the circumstances set out in this form do change before
pension commencement, I will notify the Minister immediately of the change.

8.   I have reviewed information on all the pension options available to
the pensioner, including those that would give me a survivor pension.

9.   I am signing this form of my own free will and not under any form of
pressure.

10.  The pensioner is not present while I am signing this form.

To waive my rights described above, I sign this waiver form.

And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.

DECLARED before me            )
at the             of                   )
in                   this               )    (Signature of pension
partner)
day of                   , 20           )

                                           
A Commissioner for Oaths in
and for the Province/Territory
of                                 


     FORM 2
     (Sections 20(3) and 28(3)(b))


     EXCLUSION OF LONG-SEPARATED NON-DEPENDANT
     SPOUSE FROM PENSION BENEFITS

     STATUTORY DECLARATION

CANADA                   )    IN THE MATTER OF THE EXCLUSION
FOR PROVINCE   )    OF A LONG-SEPARATED SPOUSE FROM
OF ALBERTA          )    BENEFITS UNDER THE PROVINCIAL
TO WIT                   )    JUDGES AND MASTERS IN CHAMBERS
                                   (REGISTERED) PENSION PLAN AND
                                   THE PROVINCIAL JUDGES AND MASTERS
IN CHAMBERS (UNREGISTERED) PENSION PLAN


     NOTE:     If this declaration is signed before pension  commencement, it
has no effect until then.  It should reflect circumstances at pension
commencement.  Therefore, if stated circumstances change between now and
pension commencement, you should notify the Minister.  The form is dealing
with the situation as at pension commencement, despite the fact that the
declaration may be signed before or after pension commencement.  It may not
be signed more than 90 days before pension commencement in any case.

I,                (Full Name of "Pensioner")                , of the
(Municipal Status) of (Municipality) in (Province/Territory/State/ Country
(if other than Canada)) solemnly declare as follows:

1.   I am a retiring member of the Provincial Judges and Masters in
Chambers (Registered) Pension Plan or the Provincial Judges and Masters in
Chambers (Unregistered) Pension Plan, or both ("the Plans").  As of   (Date
of Pension Commencement) , I am married to but separated from   (Full Name
of Separated Spouse)  .  I have been separated from him or her for at least
the 3 years immediately before pension commencement and he or she is not
wholly or substantially dependent on me.  Also,

               (a)  there is no person with whom I have lived
continuously for the 3 years immediately before pension commencement in a
conjugal relationship and who I have represented throughout that 3-year
period in my community as being in a conjugal relationship with me, and

               (b)  there is no person with whom I have lived in a
conjugal relationship of some permanence up to pension commencement of
which there is a child or children by birth or adoption and who I have
represented throughout that period in my community as being in a conjugal
relationship with me, and

               (c)  I have not received and am not aware of any
matrimonial property order or similar order of any court affecting the
payment of my pension to my separated spouse, whether filed under the Plans
or not, and I am not aware of the commencement of any proceedings to obtain
any such order and as far as I know, my separated spouse has no intention
of claiming any interest in my pension.

2.   I understand that the Plans require that I take my pension in a form
which, in the event of my death, provides my spouse with a pension for the
rest of his or her life.  However, I understand that if I sign this
declaration, I am not required to provide a survivorship pension benefit
for my separated spouse and am free to choose any form of pension available
to me under the Plans and will be excluding that spouse from receiving that
benefit.

3.   I have read this form and understand it.

4.   The facts stated were true as at pension commencement (if that date
has passed) or will truly reflect circumstances at pension commencement to
the best of my knowledge and belief (if that date has not yet arrived).  In
the latter case, if the circumstances set out in this form do change before
pension commencement, I will notify the Minister immediately of the change.

And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.

DECLARED before me            )
at the             of                   )
in                   this               )    (Signature of Pensioner)
day of                   , 20           )

                                           
A Commissioner for Oaths in
and for the Province/Territory
of                                 
     AR 196/2001 Sched.1.;24/2002;78/2002;97/2002


     SCHEDULE 2

     PROVINCIAL JUDGES AND MASTERS IN CHAMBERS
     (UNREGISTERED) PENSION PLAN

Interpretation of Schedule 2
1(1)  In this Schedule, 

     (d)  "capped salary" means the capped salary under and within the
meaning of the Registered Plan;

     (m)  "maximum benefit accrual date" means the maximum benefit
accrual date under the Registered Plan;

     (r.1)     "pension partner" means, with respect to any given provision of
this Plan, the person who, at the relevant time, was the pension partner
with respect to the equivalent or nearest to equivalent provision of the
Registered Plan;

     (u)  "plan fund" means the plan fund established by section 7(1);

     (v.1)     "Registered Plan" means Schedule 1, containing the Provincial
Judges and Masters in Chambers (Registered) Pension Plan;

     (w)  "salary" means salary within the meaning of section 1(w)(i) or
(ii) of the Registered Plan (including the full amount of any such salary
after the latest pension accrual date); 

     (y)  repealed AR 97/2002 s9;

     (bb) "the Plan" or "this Plan" means the plan established by section
2 as the Provincial Judges and Masters in Chambers (Unregistered) Pension
Plan.

(2)  The definitions of "actuarial equivalent", "actuary", "benefit",
"contributions", "former Regulation", "judge", "judicial service", "latest
pension accrual date", "leave without salary", "master", "matrimonial
property order", "Minister", "on LTDI", "participant", "participant current
service contributions", "pension" and "pensioner", "pension commencement",
"pensionable service", "registered", "service", "tax rules", "termination",
"vested" and "years of pensionable service" contained in section 1 of the
Registered Plan apply in this Schedule,  with the references in those
definitions to the Registered Plan or to a particular provision of the
Registered Plan being taken as references to this Plan or to the
corresponding provision of this Plan.

(3)  Where

     (a)  a provision of this Schedule incorporates by reference a
provision of the Registered Plan with the same or almost the same section
or subsection number,

     (b)  the provision of the Registered Plan incorporated contains a
reference to a subsection, clause, subclause or paragraph of another
section (referred to in this subsection as the "other enactment") in the
Registered Plan, and

     (c)  there is no direct and non-incorporating provision in this
Schedule that corresponds directly to and that has the same enactment
number in this Schedule as that other enactment in the Registered Plan,

then, the reference to the other enactment in the Registered Plan is to be
taken as referring to the provision of this Schedule that incorporates by
reference that other enactment of the Registered Plan and as it so
incorporates that other enactment.

(4)  To enhance the capacity for cross-referencing, provisions in this
Schedule that are identical or similar or that correspond to provisions in
Schedule 1 are given identical or almost identical enactment numberings and
letterings, even if this means breaking the normal sequential numbering and
lettering system for regulations.


Establishment of the Plan
2   The Provincial Judges and Masters in Chambers (Unregistered) Pension
Plan is established with effect from April 1, 1998.


     PART 1

     ADMINISTRATION

Administration of the Plan
3(1)  The Minister is the administrator of the Plan.

(4)  All the records of the Registered Plan that are available to the
Minister as administrator of the Registered Plan are also available to the
Minister in the capacity as administrator of this Plan.


Fiscal year
4   Section 4 of the Registered Plan applies with respect to this Plan.


Report to the Legislative Assembly
5(1)  Section 5 of the Registered Plan applies with respect to this Plan.

(3)  The report to the Legislative Assembly under this Plan may be combined
with that under section 5 of the Registered Plan.


     PART 2

     PARTICIPATION

The participants
6   The persons who are to and are allowed to participate in this Plan are
all persons who are participants of the Registered Plan.


     PART 3

     FUNDING

RCA fund
7(1)  There is hereby established a plan fund for this Plan to be known as
the "Provincial Judges and Masters in Chambers RCA Fund".

(2)  Section 7(2) of the Registered Plan applies with respect to this Plan.

(3)  The Minister of Finance shall invest the assets of the plan fund in
accordance with the Financial Administration Act.


Actuarial valuation report
8   Section 8 of the Registered Plan applies with respect to this Plan.


Payment of benefits and costs
9(1)  Benefits, and the costs of administering the Plan, are to be paid
from the plan fund.

(3)  Notwithstanding anything in this Plan, if the Plan's assets are
insufficient to pay all the benefits, those benefits that are not covered
by the Plan's assets are to be paid by the Government.


Contributions and RCA taxes
10(1)  Section 10(1) of the Registered Plan applies with respect to this
Plan.

(3)  Taxes that are payable under the rules contained in the Income Tax Act
(Canada) or the regulations under that Act, or both, that pertain to
retirement compensation arrangements within the meaning of that legislation
are to be paid from the plan fund and taxes that are refundable under those
rules are to be paid into the plan fund.


Participant contributions
11(1)  Subject to this section, a participant shall, at intervals
coinciding with the salary periods fixed by order of the Minister, make
contributions for current service at the rate of 

     (a)  9%, until March 31, 2000, and

     (b)  7%, with effect from April 1, 2000,

of the amount of the participant's salary that is in excess of the capped
salary.

(2)  A participant who is about to enter into a period of leave without
salary that does not exceed the 2-year maximum specified in section 13(3)
of the Registered Plan may apply to have that period taken into account as
pensionable service and, if he or she wishes to have it so taken into
account, shall make and, to the extent, if any, necessary, remit
contributions, with respect to that leave,

     (a)  pursuant to subsection (1) for the period or periods referred
to in section 11(2)(a) of the Registered Plan, and

     (b)  pursuant to subsection (1), except at double the rate set out
in subsection (1), for any subsequent periods.

(3)  Notwithstanding anything in this section, participant current service
contributions are not to be made after a participant reaches the maximum
benefit accrual date.

(4)  Section 11(4) of the Registered Plan applies with respect to this
Plan.

(5)  Section 11(5) of the Registered Plan applies with respect to this
Plan.


Government contributions
12   The Minister shall, if necessary, within a reasonable time after
receiving an actuarial valuation report under section 8 and taking the
recommendations in it into account, in writing adjust the rate of the
contributions to be paid by the Government until the next time this section
is applied, but the rate of contributions so payable, in respect of each
participant, must equal or exceed the rate payable by the participant.


     PART 4

     PENSIONABLE SERVICE

Computation of pensionable service
13   In computing the length of pensionable service that a person
accumulated, the periods to be taken into account are the periods counting
as pensionable service under section 13 of the Registered Plan except that,
for the purposes of this Plan, the words in section 13(2) "or latest
pension accrual date, whichever occurs first," are to be treated as
omitted.


     PART 5

     BENEFITS

Interpretation and application of Part 5
15(1)  In this Part,

     (a)  "deferred pension" means a pension under section 41(b);

     (b)  "highest average salary" means, subject to subsection (2), the
average of a person's annual salaries

               (i)  to the extent that the benefit is based on
pensionable service before April 1, 1998, in the 5 or, if less than 5, the
total number of consecutive years, and

               (ii) to the extent that the benefit is based on
pensionable service after March 31, 1998, in the 3 or, if less than 3, the
total number of consecutive years,

          of the following service over which the average of the salaries
was the highest, namely his or her pensionable service and any further
service that would be pensionable service but only for its occurring after
the maximum benefit accrual date;

     (c)  "normal pension" means a pension in the amount receivable under 

               (i)  section 27(1)(a), in the case of pensionable
service that occurred before April 1, 1998,

               (ii) section 27(1)(b), in the case of pensionable
service occurring after March 31, 1998 and before April 1, 2000, and 

               (iii)     section 27(1)(c), in the case of pensionable
service occurring after March 31, 2000,

          (taking no account of section 27(2.1),) and in the form
specified in section 27(3)(a) or (b), depending on which of those clauses
applies;

     (d)  "participant contributions" has the meaning assigned to it in
section 15(1)(d) of the Registered Plan.

(2)  For the purpose of determining the consecutive years referred to in
subsection (1)(b), breaks in service shall be disregarded.


Limitation of benefits
16   Notwithstanding anything in this Plan except sections 27(1)(a), 36 and
37, no benefit under this Plan is payable in respect of pensionable service
before January 1, 1992.


Linking of benefit choices to those made under Registered Plan
16.1   Notwithstanding anything in this Part, so far as applicable, any
choice, selection or election made or deemed to be made under the
Registered Plan in respect of the type or form of a benefit with respect to
specific pensionable service under that Plan or in respect of pension
commencement, designation of beneficiary or the nominee under a joint life
pension or any other matter is also to flow through to this Plan.


Reduction for Registered Plan benefits
17.1(1)  Notwithstanding any other provision of this Part except subsection
(2), the amount of any benefit that a person is entitled, but for this
section, to receive under a provision of this Plan under given
circumstances shall be reduced by an amount equal to the amount that the
person is entitled to receive under those circumstances and in respect of
benefit accrual after December 31, 1991 under the corresponding provision
of the Registered Plan, except that the amount so payable under this Plan
may not be a negative amount.

(2)  Subsection (1) does not apply with respect to contributions made by a
participant that have been returned, paid to a person or transferred out of
the Plan.


     Division 1
     Retirement Benefits

Amount and form of pension
27(1)  A vested person who terminates after March 31, 1998 and has attained
the age of 55 years is entitled to receive a pension in the annual amount
that is equal to 

     (a)  2% of the highest average salary multiplied by the years of
pensionable service that occurred after December 31, 1991 and before April
1, 1998 and, if applicable, 2% of the difference between the highest
average salary and the highest average salary within the meaning of section
14(1)(b) of the Registered Plan multiplied by the years of pensionable
service that occurred before 1992, 

     (b)  2.67% of the highest average salary multiplied by the years of
pensionable service occurring after March 31, 1998 and before April 1,
2000, and

     (c)  3% of the highest average salary multiplied by the years of
pensionable service occurring after March 31, 2000.

(2.1)  Notwithstanding subsection (1), a pension, or a portion of a
pension, that falls within subsection (1)(b) or (c) is to be reduced, if
applicable, in amount by 3/12 of 1% for each complete month (with a
proration for the additional portion, if any, of a month) by which pension
commencement falls short of 

     (a)  the date when the person attains the age of 60 years, or 

     (b)  the date when his or her future age and the accumulated
judicial service to pension commencement would amount to 80 years or, if
sooner, the latest pension accrual date, 

whichever of the dates specified in clauses (a) and (b) occurs last.

(3)  A pension under subsection (1) is payable

     (a)  if the pensioner did not have a pension partner at pension
commencement or if he or she did but a valid statutory declaration referred
to in section 28(3) was filed in respect of the pension under the
Registered Plan, for the life of the pensioner, or

     (b)  if the pensioner did have a pension partner at pension
commencement and such a declaration was not filed in respect of the pension
under the Registered Plan, in the form of a single life pension, payable
only for the life of the pensioner with the provision that, if the
pensioner dies survived by that person, the pension is payable to that
person for life in an amount equal to 3/4 of the pension that would have
been payable to the pensioner had the latter continued to live.


Spousal protection
28(1)  Section 28(1) of the Registered Plan applies with respect to this
Plan.

(2)  Section 28(2) of the Registered Plan applies with respect to this
Plan.

(3)  Subsections (1) and (2) do not apply where there was filed with the
Minister under section 28(3) of the Registered Plan a statutory declaration
or matrimonial property order.

(4)  A declaration referred to in subsection (3) is valid only if it is
valid for the purposes of the Registered Plan.

(5)  Section 28(5) of the Registered Plan applies with respect to this
Plan.


Alternative forms of pension
29(1)  A selection under section 29(1) of the Registered Plan also applies
with respect to this Plan.

(2)  Section 29(2) of the Registered Plan applies with respect to this
Plan.


Disability pensions
31   Section 31 of the Registered Plan applies with respect to this Plan.


Disability pension adjustments
32   Section 32 of the Registered Plan applies with respect to this Plan.


Postponement of pension
33   A person who has not reached the latest pension accrual date and who
is entitled to receive a pension under section 27 or 41(b) may postpone
commencement of the pension to any date up to that date.


Failure to select pension
34   A person who fails to make a choice of pensions as required by section
34 of the Registered Plan is deemed for the purposes of the Plan to have
chosen a pension in the form of a normal pension.


     Division 2
     Death Benefits

Application of Division
35   Section 35 of the Registered Plan applies with respect to this Plan.


Pension partner's benefit for pre-1992 service
36   Where there is a surviving pension partner, the pension partner is
entitled to receive a pension for life in an amount equal to 3/4 of that
part of the normal pension, if any, that is based on pensionable service
before 1992.


Benefits to other beneficiaries for pre-1992 service
37   Where there is no surviving pension partner,

     (a)  the deceased is deemed to have chosen a pension in the form
specified in section 29(1)(a) of the Registered Plan based on a normal
pension, if any, with respect to pensionable service that occurred before
1992, on a 10-year term basis if he or she had not made a valid choice as
to the form of pension to be taken, and

     (b)  if such a choice had been made, the pension is payable in
accordance with that choice.


Pension partner's benefit on death before pension commence-ment
38   Where there is a surviving pension partner, the pension partner is
entitled,

     (a)  if the deceased was vested, to receive a pension for life in an
amount equal to 3/4 of the normal pension, or

     (b)  if the deceased was not vested, to receive an amount equal to
the participant contributions.


Benefits to other beneficiaries
39   Section 39 of the Registered Plan applies with respect to this Plan.


     Division 3
     Benefits on Termination Before Pension Eligibility

Vested participants under 55
41   Where a vested participant terminates and has not yet attained the age
of 55 years, he or she is entitled

     (a)  to receive an amount equal to the participant contributions, or

     (b)  to receive, on attaining the age of 55 years, a pension in the
form and in the amount of a normal pension reduced, however, as specified
in section 27(2.1).


Non-vested participants
42   Where a non-vested participant terminates, he or she is entitled to
receive an amount equal to the participant contributions.


     Division 4
     Miscellaneous Provisions on Benefits

Cost-of-living increases
43   Section 43 of the Registered Plan applies with respect to this Plan.


Interest allowance
44   Section 44 of the Registered Plan applies with respect to this Plan.


Pension commence-ment
45   The effective date of the commencement of a pension payable under this
Plan is the day set for pension commencement of the pension under section
45 of the Registered Plan that corresponds to the pension under this Plan. 


Commence-ment of guaranteed term of years
46   Section 46 of the Registered Plan applies with respect to this Plan.


Suspension of pension on employment
47   Section 47 of the Registered Plan applies with respect to this Plan.


Suspension of pension on reappointment
48   Section 48 of the Registered Plan applies with respect to this Plan.


Beneficiaries
49(1)  Section 49 of the Registered Plan applies with respect to this Plan.

(7)  A designation of beneficiary made under section 47 of the Trustee Act
for the purposes of the Registered Plan operates as well for the purposes
of this Plan.


Method of payment of pensions
50   Section 50 of the Registered Plan applies with respect to this Plan
except that the words in section 50(5) "or section 21(1), as it
incorporates those enactments" are to be treated as omitted.


Idem - conversion following death
51   Section 51 of the Registered Plan applies with respect to this Plan.


     PART 6

     MISCELLANEOUS

Interest chargeable
53   Section 53 of the Registered Plan applies with respect to this Plan.


Advance against pension
54   Section 54 of the Registered Plan applies with respect to this Plan.


Actuarial formulas
55   The actuarial formulas to be used for the purposes of this Plan and
for any particular provision of this Plan are to be those in use under the
Registered Plan and the corresponding provision of the Registered Plan,
respectively.


Exercise of benefit choice
56   A choice exercised in relation to a benefit under the Registered Plan
operates automatically, and with the same effect, in relation to the
corresponding benefit under this Plan.


Prohibition against assignment, etc.
57(1)  Section 57(1) of the Registered Plan applies with respect to this
Plan.

(2)  For the purposes of subsection (1), assignment does not include

     (a)  an assignment under a matrimonial property order, or

     (b)  an assignment by the legal representative of a deceased
individual on the distribution of the individual's estate.


Matrimonial property orders
58   The filing of a matrimonial property order under the Registered Plan
operates with the same effect in relation to this Plan.


Liability of benefits to legal process
59   Section 59 of the Registered Plan applies with respect to this Plan.


Liability of Government and prohibition  against extra-legislative benefits
or remedies

60   Section 60 of the Registered Plan applies with respect to this Plan.


Overpayments and deficiencies
62   Section 62 of the Registered Plan applies with respect to this Plan.


Return of money
63   Section 63(1) of the Registered Plan applies with respect to this
Plan.


Retentions for debt
64   Section 64 of the Registered Plan applies with respect to this Plan.


Requirement of evidence
65   Anything provided under or for the purposes of section 65 of the
Registered Plan is available to the Minister for the purposes of this Plan
as well.


Appeals
66(1)  Section 66 of the Registered Plan applies with respect to this Plan.

(11)  Where an appeal under section 66 of the Registered Plan also affects
the same subject-matter under this Plan, the appeals shall be heard by the
board appointed under the Registered Plan together and in the same
proceeding.


Termination of the Plan, and surplus on wind-up
67   Section 67 of the Registered Plan applies with respect to this Plan.


Transitional - interest rates - 1998
68   Section 68 of the Registered Plan applies with respect to this Plan.


71   Repealed AR 196/2001 s6.


Transitional -- election for certain judges
71.1 A judge or former judge who makes an election under section 71.1 of
the Registered Plan is deemed to have made an election also for the
purposes of this Plan, in which case, notwithstanding all the other terms
of this Plan, this Plan is to apply for all purposes as if termination had
occurred on the latest pension accrual date.


Transitional - interest relief for non-electing judges
71.2   Where a judge or former judge is entitled to, but does not, make the
election under section 71.1 of the Registered Plan, then, notwithstanding
section 62, that person is not liable to pay the interest under this Plan
referred to in section 71.1(d)(i) of the Registered Plan with respect to
any period before January 1, 2003.



Recalculation of past benefits
72(1)  Where a person terminated or died during the period between January
1, 1992 and March 31, 1998 and that person or another person deriving
benefits through  him or her was in receipt of a pension or received a
benefit based on the value or remaining value of a pension, the amount of
that pension or other benefit is to be recalculated by the Minister on such
basis as the Minister decides, with effect from the original pension
commencement date, with the result that the aggregate pension that would
have been payable from that date, including all pension payments made
before the commencement of this subsection, is based on the following
changes: 

     (a)  the salary basis for the pension is to be the full salary; 

     (b)  the early termination pension, if applicable, is to be on an
unreduced basis receivable on attainment of the age of 55 years; 

     (c)  the fraction "2/3" in sections 19.3(3) and 23.2(1) of the
former Regulation is to be treated as reading "3/4".

(2)  The aggregate balance of the payments to be made as a result of the
recalculations under subsection (1) up to the date when the increases are
reflected, if applicable, in regular pension payments on a current basis
are to be paid as a lump sum or lump sums to the person or persons
(including legal representatives) who, given the circumstances that have
occurred, would have been entitled under the former Regulation.

(3)  Pensions affected by this section are to continue to be paid in the
form selected at pension commencement and are subject to the same
entitlements and obligations that applied under the former Regulation.

(4)  Where a benefit affected by this section is subject to a matrimonial
property order, the Minister shall make every reasonable endeavour to
inform the non-member pension partner or former pension partner about the
possible effect of this section on the benefit.


Forms
73   The form in use for the purposes of a particular provision of the
Registered Plan also operates for the purposes of the corresponding
provision of this Plan.
     AR 196/2001 Sched.2;24/2002;78/2002;97/2002