Section 1 was renumbered section 1 (1) by 2007-23-2(a), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 1 (1) (part) BEFORE amended by 2007-23-2(b), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 1 definitions "basic compensation", "consumer price index", "recognized political party", and "salaried position" were added by 2007-23-2(c), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 1 (1) definition of "legislative allowance", paragraph (c), BEFORE amended by 2007-23-2(d), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(c) for a person who serves in the Thirty-sixth Parliament or a subsequent Parliament and begins to receive a superannuation allowance after June 19, 1996, means the basic compensation payable to the person under section 3 of the Legislative Assembly Management Committee Act and an amount equal to 60 times the daily rate of the Capital City Allowance calculated as if the person's constituency were located outside the Capital Regional District;

  Section 1 (2) was added by 2007-23-2(e), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 1 (1) definition of "spouse" BEFORE amended by 2012-30-164, effective September 30, 2015 (BC Reg 71/2015).

"spouse" has the same meaning as in section 1 (1) and (2) of the Pension Benefits Standards Act;

  Section 1 definition of "highest average income" BEFORE amended by 2023-10-568, effective March 30, 2023 (Royal Assent).

"highest average income" in relation to service as

(a) Premier, minister with portfolio, minister without portfolio, Deputy Chair of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader or parliamentary secretary means the average of the annual salary payable under Constitution Act to, as the case may be, the Premier, a minister with portfolio, a minister without portfolio, Deputy Chair of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader or parliamentary secretary during the 4 years immediately preceding the date on which he or she ceased to be a member, and

(b) the Leader of the Official Opposition, leader of a recognized political party, Speaker or Deputy Speaker, means the average of the annual salary under Part 1, and the special allowance paid under the Constitution Act, for that position during the 4 years immediately before the date on which he or she ceased to be a member;

  Part 1, heading BEFORE enacted by 2007-23-3, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

Part 1 — Indemnity, Salary and Expense Allowance

  Section 2 BEFORE re-enacted by 2007-23-4, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 2 (2.1) was added by 2010-2-48, effective March 31, 2010 (Royal Assent).

  Section 2 (2.1) BEFORE amended by 2012-8-5, effective March 31, 2012 [retro from May 14, 2012 (Royal Assent)].

(2.1)  Despite subsection (2), no adjustment is to be made under that subsection with respect to the fiscal years commencing on April 1, 2010 and April 1, 2011.

  Section 2 (2.1) BEFORE amended by 2023-23-2, effective March 31, 2020 [retro from May 11, 2023 (Royal Assent)].

(2.1) Despite subsection (2), no adjustment is to be made under that subsection with respect to the fiscal years commencing on April 1, 2010, April 1, 2011, April 1, 2012 and April 1, 2013.

  Section 2 (2.1) BEFORE amended by 2023-23-3, effective March 31, 2023 [retro from May 11, 2023 (Royal Assent)].

(2.1) Despite subsection (2), no adjustment is to be made under that subsection with respect to the fiscal years commencing on April 1, 2010, April 1, 2011, April 1, 2012 , April 1, 2013 and April 1, 2020.

  Section 4 (14) was added by 2001-32-12, effective June 12, 2001 [retro from August 16, 2001 (Royal Assent)].

  Section 4 BEFORE re-enacted by 2007-23-5, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 4.1 was enacted by 2007-23-6, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 4.1 (2) (a) BEFORE amended by 2023-10-569, effective March 30, 2023 (Royal Assent).

(a) to continue to have his or her basic compensation and annual salary, if any, determined in accordance with the applicable provisions of this Act and the Legislative Assembly Management Committee Act as they read immediately before April 1, 2007, and

  Section 8 (2) BEFORE amended by BC Reg 353/2006 under RS1996-440-12, effective December 6, 2006 (BC Reg 353/2006).

(2)  The chair of the select standing, select or special committee may be paid under subsection (1) as a member of the committee in addition to amounts paid to that member under section 4 (10).

  Section 8 (1) BEFORE amended by 2007-23-7(a), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(1)  A member of a select standing, select or special committee of the Legislative Assembly authorized under section 53 (1) of the Constitution Act

(a) must be paid reasonable out of pocket, travelling and other expenses incurred by the member in the discharge of duties, and

(b) [Repealed 1997-29-26.]

  Section 8 (2) BEFORE amended by 2007-23-7(b), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(2)  The chair of the select standing, select or special committee may be paid under subsection (1) as a member of the committee.

  Section 9 (1) (c) BEFORE amended by 2007-23-8(a), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(c) subject to paragraph (d), the Leader of the Official Opposition, a leader of a recognized political party and the Deputy Speaker must be considered to have occupied that position on and from the date of his or her election, until his or her seat is vacated or until he or she ceases to hold that position or until the Legislative Assembly is dissolved, whichever first occurs;

  Section 9 (1) (d) BEFORE amended by 2007-23-8(b), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(d) an individual becomes Leader of the Opposition, leader of a recognized political party, Speaker or Deputy Speaker following the death, resignation, vacation of seat, loss of office or removal for any other reason of an individual previously holding that position in the Legislative Assembly, on and after the date on which his or her predecessor ceased to occupy the position.

  Section 9 (1) (b) BEFORE amended by 2011-13-126, effective June 2, 2011 (Royal Assent).

(b) subject to paragraph (d), the Speaker must be considered to have occupied that position from the date of his or her election as a member of the Legislative Assembly until his or her seat is vacated, or until the date of the next following general election or until a new Speaker is elected in his or her place, whichever first occurs;

  Section 9 (2) BEFORE amended by 2019-42-153,Sch 1, effective March 11, 2022 (BC Reg 57/2022).

(2) References in this section to the date of an election are references to general voting day under the Election Act for that election.

  Section 9 (1) BEFORE amended by 2023-10-570, effective March 30, 2023 (Royal Assent).

(1) For the purposes of sections 6 the following rules apply:

(a) a person is a member of the Legislative Assembly from the date of his or her election, until his or her seat is vacated or until the date of the next following general election, whichever first occurs;

(b) subject to paragraph (d), the Speaker must be considered to have occupied that position from the date of his or her election as Speaker until a new Speaker is elected in his or her place.

(c) subject to paragraph (d), the Leader of the Official Opposition, a leader of a recognized political party, the Deputy Speaker and the Assistant Deputy Speaker must be considered to have occupied that position on and from the date of his or her election, until his or her seat is vacated or until he or she ceases to hold that position or until the Legislative Assembly is dissolved, whichever first occurs;

(d) an individual becomes Leader of the Opposition, leader of a recognized political party, Speaker, Deputy Speaker or Assistant Deputy Speaker following the death, resignation, vacation of seat, loss of office or removal for any other reason of an individual previously holding that position in the Legislative Assembly, on and after the date on which his or her predecessor ceased to occupy the position.

  Section 11 BEFORE amended by 2007-23-9, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 12 (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(2)  If a member

(a) fails to file the declaration required by subsection (1), or

(b) files a declaration disclosing that a deduction is required under section 10,

the Clerk must report the matter to the Minister of Finance and Corporate Relations, who must

(c) in case of failure to file the declaration, withhold payment to the member of any annual indemnity, expense allowance or salary until the declaration is filed, or

(d) in a case where deduction is necessary, withhold or adjust payments to or claim a refund from the member of any annual indemnity, expense allowance or salary.

  Sections 12 (2) (c) and (d) BEFORE amended by 2007-23-10, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(c) in case of failure to file the declaration, withhold payment to the member of any annual indemnity, expense allowance or salary until the declaration is filed, or

(d) in a case where deduction is necessary, withhold or adjust payments to or claim a refund from the member of any annual indemnity, expense allowance or salary.

  Section 12 (1) BEFORE amended by 2023-10-571, effective March 30, 2023 (Royal Assent).

(1) Between the 1st and 15th days of January and of July in each year, a member must file with the Clerk of the Legislative Assembly a declaration of his or her attendance, in the following form, signed before the Clerk, or a commissioner for taking affidavits for British Columbia, and the Clerk must retain the declaration.

I, A.B., a member of the Legislative Assembly, declare that with respect to the session of the Legislative Assembly of British Columbia that began on [month, day, year].

That on that day, and on each day of the session after that day on which there was a sitting of the Legislative Assembly, I attended the sitting or a sitting of some committee of the Legislative Assembly, except only on the following days ..........., on ........... of which I was unable to attend by reason of sickness or another reason approved by the Speaker, or I was, as a member of the Executive Council, absent on official government business, or I was absent under section 7.

[If the individual making the declaration became or ceased to be a member after the commencement of the session, the form must be varied to properly reflect the attendance of the member.]

  Section 13 BEFORE repealed by 2007-23-11, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Part 2, heading BEFORE re-enacted by 2007-23-12, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

Part 2 — Pension

  Section 14 BEFORE amended by 2023-10-571, effective March 30, 2023 (Royal Assent).

  Section 15 (2) (b) BEFORE amended by 2023-10-572, effective March 30, 2023 (Royal Assent).

(b) who is a member of the Legislative Assembly, immediately before a dissolution of it, ceases to be a member if he or she is not elected as a member at the general election next following the dissolution and is deemed to have ceased to be a member on the day on which that general election was held.

  Section 16 (1), (2) and (5) BEFORE amended by 2003-54-27,Sch A and B, effective April 1, 2004 (BC Reg 11/2004)

(1)  The account in the Ministry of Finance and Corporate Relations known as the Members of the Legislative Assembly Superannuation Account is continued.

(2)  The Minister of Finance and Corporate Relations must pay into the account the contributions made by the government under this Part.

(5)  Interest must be credited by the Minister of Finance and Corporate Relations to each of the accounts on the last days of March and September in each year, computed on the amount at the credit of the account on the last preceding first days of October and April respectively.

  Section 16 (3) BEFORE amended by 2023-10-573, effective March 30, 2023 (Royal Assent).

(3) A separate contributory account must be kept for each contributor showing the amount at his or her credit in the account.

  Section 17 (2) BEFORE amended by 2023-10-571, effective March 30, 2023 (Royal Assent).

(2) The Public Service Pension Fund must pay the allowance monthly in arrears to the member or his or her surviving spouse entitled to it.

  Section 19 (1) BEFORE amended by 2023-10-574, effective March 30, 2023 (Royal Assent).

(1) A member may contribute for any previous regular session before January 1, 1974, and for any year after December 31, 1973 and before June 19, 1996 during which he or she was a member and has not already contributed.

  Section 20 (2), (4) and (5) BEFORE amended by 2023-10-575, effective March 30, 2023 (Royal Assent).

(2) The annual superannuation allowance payable to a member who qualifies under section 15 (1) is the amount equal to 4% of his or her highest average legislative allowance multiplied by the number of years of service as a member, not exceeding 18 years, for which contributions have been made.

(4) In respect of service as Leader of the Official Opposition, leader of a recognized political party, Speaker or Deputy Speaker, the annual superannuation allowance calculated under subsection (2) must be increased by an annual superannuation allowance in the amount of 4% of the highest average income in each position he or she occupied multiplied by the total number of years of service in those respective positions, not exceeding 18 years, for which contributions have been made.

(5) The superannuation allowance calculated under this section is payable to the member during his or her lifetime, but the member may elect to have the superannuation allowance granted on any of the plans or combination of plans provided for under the Public Service Pension Plan and, if the member elects, the amount of the superannuation allowance determined under this section must be adjusted, on the basis of the pension plan rules under the Public Service Pension Plan, to the plans or combination of plans selected by the member and must be payable as provided under the Public Service Pension Plan.

  Section 21 (2), (4) and (5) BEFORE amended by 2023-10-576, effective March 30, 2023 (Royal Assent).

(2) The annual superannuation allowance payable to a member who qualifies under section 15 (1) is the amount equal to 5% of his or her highest average legislative allowance multiplied by the number of years of service as a member, not exceeding 16 years, for which contributions have been made.

(4) In respect of service as Leader of the Official Opposition, leader of a recognized political party, Deputy Chair of the Whole, Government Whip, Official Opposition Whip, Official Opposition House Leader, parliamentary secretary, Speaker or Deputy Speaker, the annual superannuation allowance calculated under subsection (2) must be increased by an annual superannuation allowance in the amount of 5% of the highest average income in each position he or she occupied multiplied by the total number of years of service in those respective positions, not exceeding 16 years, for which contributions have been made.

(5) The superannuation allowance calculated under this section is payable to the member during his or her lifetime, but the member may elect to have the superannuation allowance granted on any of the plans or combination of plans provided for under the Public Service Pension Plan and, if the member elects, the amount of the superannuation allowance determined under this section must be adjusted, on the basis of the pension plan rules under the Public Service Pension Plan, to the plans or combination of plans selected by the member and must be payable as provided under the Public Service Pension Plan.

  Section 22 (1) and (2) BEFORE amended by 2023-10-577, effective March 30, 2023 (Royal Assent).

(1) If a member to whom this Part applies dies without having served for 7 years or for more than 2 Parliaments, the total of his or her contributions, including interest, must be paid to the surviving spouse or, if there is no surviving spouse, to his or her personal representatives.

(2) If a member to whom this Part applies dies having served for 7 years or for more than 2 Parliaments but before he or she has been granted a superannuation allowance, and if he or she has not received a refund of his or her contributions, a refund of the total of those contributions up to the date of his or her death, including interest, may be paid to the surviving spouse or, if there is no surviving spouse, to his or her personal representative, or instead of a refund, at the option of the surviving spouse, the surviving spouse may be granted a superannuation allowance equal to the superannuation allowance that would have been granted to the member on reaching the age of 55 years had he or she, on ceasing to be a member, converted to the joint life and last survivor plan provided for under the Public Service Pension Plan.

  Section 23 BEFORE amended by 2023-10-578, effective March 30, 2023 (Royal Assent).

  Section 24 (1) BEFORE amended by 2023-10-579, effective March 30, 2023 (Royal Assent).

(1) If a person in receipt of a superannuation allowance under this Part again becomes a member, payment of the superannuation allowance must cease from the date of the election in which he or she is elected as a member, and then he or she must contribute, and is entitled to all benefits, under this Part as if he or she had not received a superannuation allowance.

  Section 25 (3) (c) BEFORE amended by 2023-10-580, effective March 30, 2023 (Royal Assent).

(c) receives, in any month, an amount from sources referred to in paragraph (b) that, when combined with the portion of his or her superannuation allowance that is attributable to the government's contributions, exceeds the monthly salary earned by that person during his or her last complete month of service,

  Section 28 (2) BEFORE amended by 2023-10-580, effective March 30, 2023 (Royal Assent).

(2) Except as expressly provided in this Part, nothing in this Part may be construed to confer on any person any right to demand or enforce the repayment of any amount contributed by the person or on his or her behalf to the fund, or the payment of any interest.

  Section 29 BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

  Section 30 BEFORE amended by 2023-10-580, effective March 30, 2023 (Royal Assent).

  Section 31 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(1)  If money is required to be provided or paid by the Minister of Finance and Corporate Relations or otherwise on behalf of the government under this Part, that money must be provided or paid by the Minister of Finance and Corporate Relations from money appropriated for that purpose by the Legislature or, in the absence of an adequate appropriation available for that purpose, from the consolidated revenue fund.

  Section 31 (1) BEFORE repealed by 2007-23-13(a), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(1)  If money is required to be provided or paid by the Minister of Finance or otherwise on behalf of the government under this Part, that money must be provided or paid by the Minister of Finance from money appropriated for that purpose by the Legislature or, in the absence of an adequate appropriation available for that purpose, from the consolidated revenue fund.

  Section 31 (2) BEFORE amended by 2007-23-13(b), effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

(2)  In case a deficiency arises between the money otherwise available under this Part for the payment of a superannuation allowance, or other allowance, and the amounts necessary to meet the payment of that superannuation allowance, or other allowance, the amount of the deficiency must be paid from the consolidated revenue fund.

  Part 3, sections 35 to 42 were enacted by 2007-23-14, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Section 39 (3), (4) and (6) BEFORE amended by 2023-10-581, effective March 30, 2023 (Royal Assent).

(3) Subject to subsection (6), for a plan participant to purchase his or her service that occurred at any time during the period that began on May 17, 2005 and ends at the end of the day on March 31, 2007, the plan participant must pay to the Public Service Pension Fund 50% of the cost, as determined under subsection (2), of the pension benefit that results from the purchase of that service.

(4) Subject to subsection (6), for a plan participant to purchase his or her service that occurred at any time during the period that began on June 19, 1996 and ended at the end of the day on May 16, 2005, the plan participant must pay to the Public Service Pension Fund 11% of the sum of the following amounts:

(a) the earnings the plan participant received for the period of service to be purchased;

(b) the amount of the government contributions to the voluntary group registered retirement savings plan described in section 4.1 (6) in respect of the plan participant for the period of service to be purchased.

(6) A plan participant may not purchase his or her service under this section unless the plan participant pays the amount required before July 1, 2011.

  Section 42 BEFORE repealed by 2012-30-165, effective September 30, 2015 (BC Reg 71/2015).

  Part 4, sections 43 to 44 were enacted by 2007-23-14, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].

  Schedule was enacted by 2007-23-15, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].