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This version was current from June 10, 2004 to December 4, 2013.
Note: It does not reflect any retroactive amendment enacted after December 4, 2013.
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C.C.S.M. c. P270
The Public Servants Insurance Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"board" means the Civil Service Superannuation Board; (« Régie »)
"fund" means the Public Service Group Insurance Fund continued under this Act; (« Caisse »)
"government agency" means any board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which,
(a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or
(b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; (« organisme gouvernemental »)
"investment committee" means The Civil Service Superannuation Fund Investment Committee; (« comité des placements »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"plan" means the plan established under this Act to provide group life insurance for public servants or certain classes of public servants or for such public servants and their dependents; (« régime »)
"public servant" means
(a) any person by whom or on whose behalf contributions are made to the Civil Service Superannuation Fund,
(b) any person by whom or on whose behalf contributions are made to the Workers Compensation Board Retirement Plan,
(c) any person who is a member of the Civil Service of Manitoba and by whom or on whose behalf contributions are made to the Teachers' Retirement Allowances Fund,
(d) members of the Legislative Assembly,
(e) members of the Executive Council, and
(f) a member of a class of officers or employees designated by regulation as public servants for the purpose of this Act; (« employé du gouvernement »)
"specified employer" means an employer other than the government or an agency of the government whose employees make contributions or have contributions made on their behalf to the Civil Service Superannuation Fund. (« employeur désigné »)
With the approval of the Lieutenant Governor in Council, the minister may establish a plan to establish group life insurance for public servants, or such classes of public servants as the Lieutenant Governor in Council deems advisable to be covered by the plan, or for any such public servants and their dependants.
The minister, for and on behalf of the government, may, with the approval of the Lieutenant Governor in Council, enter into agreements with insurers licensed under The Insurance Act for the purpose of providing group life insurance under a plan.
The Public Service Group Insurance Fund is continued.
The fund shall be in the custody of the Minister of Finance.
The moneys in the fund, less such amount as the board may deem necessary to meet the payment of current group insurance premiums and expenses may be invested by the Minister of Finance as directed by the investment committee in securities and investments in which moneys in the Civil Service Superannuation Fund may be invested.
The Minister of Finance may sell any securities or investments of the fund on the direction of the investment committee and the proceeds of the sale shall be dealt with in the same manner as uninvested moneys in the fund.
The board shall administer this Act subject to the supervision of the minister.
The board shall, on behalf of the government, government agencies and specified employers administer and interpret agreements made under this Act including the determination of amounts of insurance of insured employees and the payment of premiums.
Accounts shall be kept by the board under the direction of the chairman of the board and the Minister of Finance, showing a separate account in respect of each insurance agreement made under this Act for the government, for each government agency and for each specified employer contributing to the fund and for each insurer receiving payments out of the fund in respect of insurance agreements made under this Act, and such other accounts as are necessary to show the financial condition of the fund.
The accounts of the fund shall be kept in the Department of Finance or by an employee of the board, and the fund and the accounts shall be examined and audited by the Auditor General from time to time and at least annually.
All deductions from salary or wages of public servants made under this Act, and all payments required to be made by the government, agency of the government and specified employers, and all interest and earnings on securities and investments of the fund shall be paid into the fund.
All moneys and investments to the credit of the employers group life insurance reserve in the books of the government shall be transferred to the fund on the coming into force of this Act.
The board shall cause an actuarial report to be made on the status of the fund as at December 31, 1988, and in every third year thereafter.
The board may cause an actuarial report to be made on the status of the fund at any time, and as of any date the board may deem advisable.
The board shall deliver a copy of each actuarial report made under this section to the minister who shall cause the report to be laid before the Legislative Assembly if the Legislature is then in session, and, if the Legislature is not then in session, within 15 days of the next ensuing session.
All the costs and expenses of the board, as determined by the minister, of the administration of this Act and the agreements made under this Act, including the cost of keeping the accounts of the fund, shall be paid from and out of the fund.
All cheques drawn on the fund shall be issued in accordance with The Financial Administration Act upon the requisition of the board.
For the purpose of implementing agreements made under this Act and giving effect to plans, the government, agencies of the government and specified employers shall deduct from the salary or other remuneration payable to public servants covered by the plan or agreements made under this Act such amounts, by way of premiums, as are necessary for that purpose.
All amounts deducted by government agencies and specified employers under subsection (1) shall be remitted forthwith to the government and all deductions made by the government under subsection (1) or remitted to the government under this subsection shall be credited to the fund.
Where in the opinion of the actuary a surplus exists in the fund, an amount may be paid out of the surplus to the government or a government agency, calculated in relation to the proportion that the number of their employees who are members of the fund bears to the total membership of the fund, if:
(a) in the case of employees who are represented by a recognized bargaining agent, an agreement to so use the surplus has been made between the recognized bargaining agent and the government or government agency; and
(b) in the case of employees who are not represented by a recognized bargaining agent, such use of the surplus has been approved by the government or the government agency.
Amounts authorized to be paid under subsection (1) shall be paid to the Minister of Finance who shall pay them to the government or the affected government agency.
Premiums payable under agreements entered into under this Act shall be paid from the fund.
Each government agency and each specified employer shall pay to the Minister of Finance, who shall credit to the fund, such amounts as may be required to be remitted by the government agency or specified employer under any plan affecting the government agency or a specified employer and any agreement made under this Act affecting public servants employed by the government agency or specified employer.
The Minister of Finance shall pay into the fund such amounts as may be required to be paid under plans affecting the government or agreements made under this Act affecting public servants employed by the government.
Where the amount deducted from the salary or other remuneration of a public servant and remitted by his employer, whether the government, government agency, or specified employer, exceeds the amount required to be deducted from his salary or other remuneration for the purposes of a plan or an agreement by which he is covered, the excess shall be refunded to him, or to his estate, from the fund.
Information in possession of the Civil Service Commission, or any government agency, or any specified employer, necessary for the due administration of this Act, or a plan, or an agreement made under this Act, shall, upon request, be made available to the board by the Civil Service Commission, the government agency or the specified employer.
Notwithstanding The Legislative Assembly Act, the government may pay, and members of the assembly may receive the benefit of, a portion of any premiums payable for life insurance for members of the assembly equivalent to the portion paid by the government of the premiums payable for life insurance for members of the Civil Service; and the members of the assembly are not thereby disqualified from sitting and voting in the assembly or from being nominated for or elected as a member of the assembly, and their seats are not vacated by reason thereof.
The Lieutenant Governor in Council may by regulation designate any class of officers or employees of the government or of a government agency as public servants for the purpose of this Act.