The Management Employees Pension Board (MEPB or the Board) has been delegated the authority to hear appeals of administrative decisions provided to them by the Plan’s administrator, Alberta Pensions Services Corporation (APS).
The MEPB Administrative Decision Hearing Policy has been prepared in accordance with sections 3(2)(d) and 10 of schedule 5, and section 10 of schedule 6 of the Public Sector Pension Plans Act (PSPPA). These sections include responsibility of the Board to review administrative decisions made by APS regarding the Management Employees Pension Plan (MEPP) and the Public Service Management (Closed Membership) Pension Plan (PSM(CM)PP or Closed Plan), respectively, pursuant to the delegations made in writing by the President of Treasury Board and Minister of Finance (the Minister).
The Board's Policy has been developed to provide a fair and impartial process for the hearing of appeals.
The Minister has executed a delegation (Ministerial Authorization 05/94 effective April 6, 1994 and 01/95 effective October 27, 1995), under section 10 of schedule 5 and section 10 of schedule 6 of the PSPPA. Under these delegations, an administrative decision means a decision with respect to an “individual". Therefore, the Board will review decisions that affect Plan members, or those directly entitled to a benefit from the Plan, for example, a beneficiary or spouse.
As established in Ministerial Authorizations, April 6, 1994 and October 27, 1995, the Board:
- is authorized to review on the Minister’s behalf, any administrative decision and make a final decision upon receiving, in writing from an individual directly affected by an administrative decision, a request to review that administrative decision received by the Board within 60 days after that decision was made.
- may extend the time limit in section 1.
- may establish such procedures as it sees fit for reviewing administrative decisions.
- may make any decision that could have been made by the Minister as administrator of the Plan, and any decision made by the Board shall become the final decision of the Minister as administrator of the Plan.
- has the power hereby delegated to the Board to make final decisions, subject to the restrictions set out in section 15(1) of the Public Sector Pension Plans (Legislative Provisions) Regulation: no decision shall award or provide or entitle any person to any benefits or any other remedy relating to a benefit unless that benefit or remedy is expressly provided for in and permitted by the Plan or the Regulations.
Therefore, the Board’s decision is final, subject to any restrictions set out in the applicable legislation and the Ministerial Delegation. An individual affected by a decision may apply to the Court of Queen’s Bench for judicial review under the Alberta Rules of Court.
If you wish to appeal an administrative decision made by APS, please contact the Board: firstname.lastname@example.org