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R.R.O. 1990, Reg. 890: GENERAL
under Ontario Municipal Employees Retirement System Act, R.S.O. 1990, c. O.29
Skip to contentOntario Municipal Employees Retirement System Act
Loi sur le régime de retraite des employés municipaux de l’Ontario
R.R.O. 1990, REGULATION 890
Amended to O. Reg. 604/05
GENERAL
Note: This Regulation was revoked on July 31, 2009. See: O. Reg. 289/09, ss. 1, 2.
Note: This Regulation became spent on June 30, 2006.
This Regulation is made in English only.
CONTENTS
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2-3 | ||
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5 | ||
6 | ||
7 | ||
8-9 | ||
10-10.1 | ||
11-11.1 | ||
12 | ||
13 | ||
13.1-14 | ||
15-15.2 | ||
16 | ||
17 | ||
17.1 | ||
18 | ||
19-19.0.1 | ||
19.1-20 | ||
21-24 | ||
25-25.4 | ||
26-26.1 | ||
26.2-26.3 | ||
27 | ||
28 | ||
29 | ||
30-31 |
Definitions
1. (1) In this Regulation,
“actuarially equivalent” means of equal value according to the actuarial assumptions prescribed by the actuary and calculated using unisex mortality tables for all service;
“actuary” means the actuary appointed by the Board;
“beneficiary” means a beneficiary designated under this Regulation;
“continuous service” means unbroken service, and such service shall be deemed not to be broken by,
(a) a period between employment by one participating employer and employment by another or the same participating employer if the member has not received a refund of contributions under subsection 19 (1),
(b) a leave of absence for any reason where the employer has authorized such leave and either before or after the commencement of such leave has agreed that it shall be deemed not to be a break in service,
(c) in any case where the member is not considered under section 14 to be totally disabled, an absence that the employer determines is caused by the member being wholly prevented by mental or physical incapacity from performing the regular duties of the occupation of the member,
(d) an absence due to a strike or lockout as defined in the Labour Relations Act,
(e) in the case of a member who is a councillor, a period between a term of council with one participating employer and a term of council with another or the same participating employer if the member has not received a refund of contributions under subsection 19 (1),
(f) a period, prior to the normal retirement date of a member, during which the member is in receipt of a pension under section 14,
(g) the period of a layoff for so long as recall rights exist or the employer reasonably expects to recall the member, or
(h) a period during which a member,
(i) is employed by one participating employer (the “first employer”) and is absent from work with the first employer for a reason described in clause (b), (d) or (g), and
(ii) is employed by another participating employer (the “second employer”) and is a member of the System as an employee of the second employer;
“contributory earnings” means,
(a) in the case of an employee who was a member before the 1st day of January, 1978, the earnings of the member, and
(b) in the case of an employee who was a member on and after the 1st day of January, 1978, the earnings of the member exclusive of salary or wages paid for overtime, payments made with respect to unused sick leave credit gratuities and payments made as retirement bonuses or otherwise as a result of retirement or other termination of employment whether in respect of long service or otherwise, and
(c) in the case of a councillor who is a member, means any money paid to the councillor for the councillor’s services as a councillor under the Municipal Act, 2001,
provided that, unless the contrary is established to the satisfaction of the president, the contributory earnings of a member shall be deemed to be the contributory earnings that would be represented by the amount of contributions actually received by the Fund in respect of the member;
“credited service” means the years and part years of service of a member for which contributions under section 10 have been made and not refunded and includes any service established for a member under sections 14, 20, 25, 26 and 26.1;
“dependent child” means the child of a deceased member who at the time of the member’s death was dependent on the member for support and,
(a) is under 19 years of age and will not attain that age in the calendar year of the member’s death,
(b) is under 21 years of age and in full-time attendance at an educational institution if the member dies prior to January 1, 2005, or
(c) is under 25 years of age and in full-time attendance at an educational institution if the member dies on or after January 1, 2005;
“dependent child benefit period” means the period,
(a) up to the end of the calendar year in which a dependent child reaches 18 years of age,
(b) during which a dependent child is under 21 years of age and continues in full-time attendance at an educational institution if the member dies prior to January 1, 2005, or
(c) during which a dependent child is under 25 years of age and continues in full-time attendance at an educational institution if the member dies on or after January 1, 2005;
“effective date” means the date upon which an employer commences to participate in the System in respect of both councillors and employees or in respect of either of them, as the case may be, according to the Act and this Regulation;
“pensionable earnings” means,
(a) where a member has 60 or more months of credited service, the result obtained by taking the sum of the member’s contributory earnings for the 60 months of consecutive credited service during which such contributory earnings were the highest and dividing that sum by five, and
(b) where a member has less than 60 months of credited service, the result obtained by taking the sum of the member’s contributory earnings, dividing that sum by the number of months of such service and multiplying the figure so obtained by 12;
“physician” means a medical doctor licensed to practise under the laws of a province of Canada or the place where the applicable member resides;
“present value” means an amount that is actuarially equivalent to a payment or payments that become due in the future;
“president” means the president appointed by the board;
“prior service agreement” means an agreement entered into under this Regulation for the provision of benefits in respect of prior service;
“retire” means retire from service and “retirement” has a corresponding meaning;
“supplementary agreement” means an agreement entered into under this Regulation for the provision of supplementary benefits;
“Year’s Maximum Pensionable Earnings” has the same meaning as in the Canada Pension Plan. R.R.O. 1990, Reg. 890, s. 1; O. Reg. 775/91, s. 1 (1, 2); O. Reg. 783/92, ss. 1, 2; O. Reg. 591/98, s. 1 (1, 2); O. Reg. 317/99, s. 1; O. Reg. 633/99, s. 1; O. Reg. 430/00, s. 1; O. Reg. 404/02, s. 1; O. Reg. 402/04, s. 1.
(2) The commuted value of a pension is the value of that pension calculated in the manner prescribed under the Pension Benefits Act using unisex mortality tables for all service. However,
(a) the commuted value of a member’s pension in respect of his or her credited service as of December 31, 1986 shall not be less than the contributions made by the member under this Regulation on or before that date, plus interest, excluding the contributions referred to in subsections 12 (6), 26 (14) and 26 (16); and
(b) the commuted value of a member’s total pension shall not be less than the contributions made by the member under this Regulation plus interest, excluding the contributions referred to in subsections 12 (6), 26 (14) and (16) and excluding any refund payable under subsection 19 (2). O. Reg. 591/98, s. 1 (3).
2. (1) The Board shall be composed of,
(a) nine members who are employees of any employer who has elected to participate in the System, four of whom shall be officers of such an employer;
(b) two persons who are members of the council of a participating municipality or of a participating local board of a municipality;
(c) one official of the Province of Ontario; and
(d) one other member who is in receipt of a pension under section 13 or 17 or is considered totally disabled under section 14 whether or not in receipt of a pension. R.R.O. 1990, Reg. 890, s. 2 (1); O. Reg. 775/91, s. 2 (1, 2); O. Reg. 591/98, s. 2.
(2) The members of the Board shall be appointed by the Lieutenant Governor in Council and, subject to subsection (3), shall hold office for three years or such lesser period as the Lieutenant Governor in Council may determine and until their successors are appointed. R.R.O. 1990, Reg. 890, s. 2 (2).
(3) If any member of the Board dies, becomes incapable of acting, resigns, is removed from office or ceases to hold the qualifications necessary for the member’s appointment, he or she thereupon ceases to be a member of the Board. R.R.O. 1990, Reg. 890, s. 2 (3).
(4) The Lieutenant Governor in Council shall appoint another eligible person to fill any vacancy on the Board as soon thereafter as is practicable and the person so appointed shall hold office for the unexpired portion of the term of the member being replaced, or for such lesser period as the Lieutenant Governor in Council may determine. R.R.O. 1990, Reg. 890, s. 2 (4).
(5) A majority of the members of the Board holding office at the time any meeting is held constitutes a quorum for the purposes of such meeting. R.R.O. 1990, Reg. 890, s. 2 (5).
(6) The Board shall elect from its members a chair and a vice-chair. R.R.O. 1990, Reg. 890, s. 2 (6).
(7) The fiscal year of the Board is the calendar year. R.R.O. 1990, Reg. 890, s. 2 (7).
(8) The Board shall forward a copy of the annual report to every participating employer. O. Reg. 775/91, s. 2 (3).
(9) The Board shall provide to members or other persons, as the case may be, such information, in the prescribed form and within the prescribed time, as is required under the Pension Benefits Act. O. Reg. 775/91, s. 2 (3).
3. Revoked: O. Reg. 783/92, s. 3.
4. (1) The president,
(a) shall maintain the books of account, records and documents of the Board and whatever information is necessary for the financial, administrative and actuarial requirements of the Board;
(b) shall receive, deposit and pay all money of the Fund in such manner as the Board directs;
(c) shall receive, keep safely and deliver all securities of the Fund in such manner as the Board directs;
(d) may borrow from time to time, as approved by the Board, such sums as are necessary to meet the needs of the Board;
(e) shall determine whether or not a benefit is payable, the amount of a benefit that is payable, and to whom a benefit is payable under this Regulation;
(f) shall determine, in the case of a disagreement, the date on which a benefit becomes or should have become payable under this Regulation;
(g) shall prepare an annual report to the Board on the affairs of the System;
(h) may, for the purposes of this Regulation, determine the individual who is the surviving spouse of a member; and
(i) shall prepare and distribute the information necessary to meet the Board’s obligations under subsection 2 (9). R.R.O. 1990, Reg. 890, s. 4 (1); O. Reg. 775/91, s. 3; O. Reg. 783/92, s. 2; O. Reg. 75/00, s. 1; O. Reg. 340/05, s. 1.
(2) Any person aggrieved by a determination made by the president or by the failure of the president to make a determination under clause (1) (e) or (f) or under any other provision of this Regulation relating to an approval, consideration or direction to be given or other action to be taken by the president may appeal to the Board from such determination or failure to make a determination and the decision of the Board is final. R.R.O. 1990, Reg. 890, s. 4 (2); O. Reg. 783/92, s. 2.
5. The actuary shall, at the request of the president, prepare and advise on whatever actuarial calculations, schedules or tables are necessary for the proper administration of the System. R.R.O. 1990, Reg. 890, s. 5; O. Reg. 783/92, s. 2.
6. (1) All member and employer contributions in respect to the contributory earnings of a member shall be paid by the employer to the Board so that they shall be received by the Board at its office in Toronto on or before the last day of the month next following the month in respect of which the contributions were made. R.R.O. 1990, Reg. 890, s. 6 (1).
(2) When an employer fails to pay to the Board the contributions within the time set out in subsection (1), there shall be charged to the employer, in any month, interest at a rate equal to 1½ per cent per month plus the prime rate on the first business day of that month of the bank that has the highest prime rate on that day on the amount of unpaid contributions from the end of the time period specified in subsection (1) until the date the total amount due has been received in the offices of the Board. R.R.O. 1990, Reg. 890, s. 6 (2); O. Reg. 775/91, s. 4 (1).
(3) An employer shall provide the president with the name, sex, date of birth, marital status, earnings and service of each member and such other information as may be necessary for the administration of the System, within such time limit as the Board may establish. R.R.O. 1990, Reg. 890, s. 6 (3); O. Reg. 783/92, s. 2.
(4) An employer shall provide each member with an explanation in writing of the contributions required and the pension benefits provided under the Act and this Regulation and such other information as the Board shall determine in the form and within the time established by the Board. O. Reg. 775/91, s. 4 (2).
7. (1) An employer may participate in the System by submitting an election in writing to the president. R.R.O. 1990, Reg. 890, s. 7 (1); O. Reg. 783/92, s. 2.
(2) An election by an employer who is not an associated employer must include the participation of employees and may include the participation of all councillors or of the head of council only. O. Reg. 594/98, s. 1.
(2.1) An election by an employer who is an associated employer may specify the classes of employees who are to be members of the System. O. Reg. 594/98, s. 1.
(3) The effective date with respect to employees, councillors or heads of council may be the first day of any month within the year in which the president receives the employer’s election to participate in the System in respect of those employees, councillors or heads of council. O. Reg. 694/94, s. 1.
8. (0.1) In this section,
“employee employed on a continuous full-time basis” means an employee who normally works and receives pay (whether it is regular pay or vacation pay) in respect of every week of the calendar year, who has a standard full-time work week of at least 32 hours and whose employment is continuous and is not limited by a definite term but does not include an employee who is employed on a short-term, casual or temporary basis or who is employed for less than 12 months. O. Reg. 591/98, s. 3 (1).
(1) Subject to subsections (2) and (3), every employee who is employed on a continuous full-time basis by an employer who has elected to participate in the System,
(a) if the employment on such basis commenced before the effective date, is entitled to become a member;
(b) if the employment on such basis commenced on or after the effective date, but before the 1st day of January, 1978, shall become a member on a day fixed by the employer that is within twelve months after the day on which the employee became employed on a continuous full-time basis but not later than the 1st day of January, 1978; and
(c) if the employment on such basis commenced on or after the 1st day of January, 1978, shall become a member on the date he or she was so employed. R.R.O. 1990, Reg. 890, s. 8 (1).
(2) If on the effective date the employer is required to make contributions to an approved pension plan under the terms of a bargaining agreement an employee to whom the agreement applies,
(a) if the employee’s employment on a continuous full-time basis commenced before the date on which the agreement is terminated or before the 1st day of July, 1968, whichever is earlier, shall become a member on or after a day fixed by the employer after the 31st day of December, 1980, if,
(i) 75 per cent of such employees who are under normal retirement age at any time apply or have applied to become members, or
(ii) membership in the System is a condition of or required by the bargaining agreement;
(b) if the employee’s employment on a continuous full-time basis commenced after the date the agreement is terminated or after the 1st day of July, 1968, whichever is earlier, shall become a member on a day fixed by the employer that is within twelve months after the day on which the employee became employed on a continuous full-time basis but not later than the 1st day of January, 1978; and
(c) if the employee’s employment on a continuous full-time basis commenced on or after the 1st day of January, 1978, shall become a member on the date the employee was so employed. R.R.O. 1990, Reg. 890, s. 8 (2).
(3) If the employer makes contributions to an approved pension plan, an employee, other than an employee referred to in subsection (2), whose employment on a continuous full-time basis commenced before the effective date, shall become a member on or after a day fixed by the employer after the 31st day of December, 1980, if 75 per cent of such employees who are under normal retirement age at any time apply or have applied to become members. R.R.O. 1990, Reg. 890, s. 8 (3).
(4) Where an employer so approves, subsection (1) applies with necessary modifications to employees or any class thereof who are employed on other than a continuous full-time basis, except that “effective date” in that case means the date of such approval, but all such employees who are members on the 31st day of December, 1977 shall have continued membership in the System. R.R.O. 1990, Reg. 890, s. 8 (4).
(4.1) Despite subsection (4), an employee who is employed on other than a continuous full-time basis by an employer who has elected to participate in the System is entitled to become a member if, in each of the two consecutive calendar years immediately before the calendar year in which the employee elects to become a member, the employee,
(a) has earnings of not less than 35 per cent of the Year’s Maximum Pensionable Earnings, as defined in the Canada Pension Plan, with one or more employers who have elected to participate in the System; or
(b) has at least 700 hours of employment with one or more employers who have elected to participate in the System. O. Reg. 775/91, s. 6 (1).
(5) Revoked: O. Reg. 591/98, s. 3 (2).
(6) Where an employee is entitled to become a member under clause (1) (a), clause (2) (a) or subsection (4.1), such employee becomes a member on the first day of the month following the month in which the employee’s application is received by the president provided that the president may at the request of the employer fix an earlier day on which the employee becomes a member but not before the day on which the employee became entitled to be a member or the 1st day of January in the year in which the application is received by the president. R.R.O. 1990, Reg. 890, s. 8 (6); O. Reg. 775/91, s. 6 (2); O. Reg. 783/92, s. 2.
(7) Revoked: O. Reg. 783/92, s. 4.
(8) Where two or more employers are amalgamated, the new employer shall be deemed to have elected to participate in the System on the date of the amalgamation in respect of the employees and councillors, if any, of the former employers who were members of the System on the day immediately preceding such date and who are employed by the new employer on such date or are members of the council of the new employer on such date. R.R.O. 1990, Reg. 890, s. 8 (8).
(9) A councillor or head of council in office on the effective date for councillors or heads of council is entitled to become a member. O. Reg. 694/94, s. 2.
(10) A person who becomes a councillor or head of council after the effective date becomes a member on the date he or she becomes a councillor or head of council. O. Reg. 694/94, s. 2.
9. Despite the definitions of “continuous service”, “contributory earnings”, “credited service” and “pensionable earnings” in section 1, a member who is employed on other than a continuous full-time basis,
(a) shall be deemed to have continuous service while so employed;
(b) shall accrue credited service each year on a proportional basis to a member employed on a continuous full-time basis in a similar occupation with the employer; and
(c) shall have the member’s pensionable earnings calculated using annualized contributory earnings and continuous service in lieu of credited service. R.R.O. 1990, Reg. 890, s. 9.
10. (1) Every member shall contribute to the Fund by payroll deduction in each pay period a percentage of the member’s contributory earnings while he or she is an employee or councillor of an employer who participates in the System but no contribution shall be payable by a member from the first day of the month following the month in which the member attains 69 years of age. R.R.O. 1990, Reg. 890, s. 10 (1); O. Reg. 591/98, s. 4 (1).
(2) Revoked: O. Reg. 783/92, s. 5 (1).
(2.1) The contributions payable by a member under subsection (1) in respect of his or her contributory earnings for any pay period or portion thereof on or after January 1, 2006 are,
(a) for a member whose normal retirement age is 65 years, 6.5 per cent of the contributory earnings which are equal to or less than the result obtained by dividing the Year’s Maximum Pensionable Earnings by the number of pay periods in the year, plus 9.6 per cent of the balance of the contributory earnings; and
(b) for a member whose normal retirement age is 60 years, 7.9 per cent of the contributory earnings which are equal to or less than the result obtained by dividing the Year’s Maximum Pensionable Earnings by the number of pay periods in the year, plus 10.7 per cent of the balance of the contributory earnings. O. Reg. 604/05, s. 1.
(2.2) In any pay period, the contributory earnings in respect of which contributions are payable by a member shall not exceed the rate of contributory earnings which, when substituted for pensionable earnings in subsection 13 (5), results in a pension amount equal to the limit established in subsection 13 (8). O. Reg. 775/91, s. 7 (1); O. Reg. 783/92, s. 5 (3).
(2.3) Despite subsections (1) and (5), no contribution shall be payable by a member after the member has accrued thirty-five years of credited service. O. Reg. 775/91, s. 7 (1); O. Reg. 591/98, s. 4 (2).
(2.4) Despite subsections (2.2) and (2.3), for the purposes of calculating pensionable earnings, the contributory earnings of a member shall be calculated as if subsections (2.2) and (2.3) had no effect and the member contributed to the Fund under subsection (1). O. Reg. 775/91, s. 7 (1).
(3) At the option of the employer, the amount of contributions payable by a member under subsection (1) shall, instead of being computed in accordance with subsection (2.1), for ranges in contributory earnings not exceeding $10 monthly, be computed on the average of the highest and lowest amounts in the range. R.R.O. 1990, Reg. 890, s. 10 (3); O. Reg. 775/91, s. 7 (2); O. Reg. 783/92, s. 5 (4).
(4) Contributions made by members shall not be withdrawn from the Fund in whole or in part while the member remains an employee or councillor. R.R.O. 1990, Reg. 890, s. 10 (4).
(5) A member who does not make a contribution to the Fund under subsection (1) during an absence that is an absence described in clause (c) of the definition of “continuous service” in section 1 may establish the period of the absence as credited service by paying to the member’s employer for payment into the Fund on a date specified by the Board an amount equal to the amount of contribution calculated in accordance with subsection (2.1) as if the annual date of contributory earnings of the member on the day immediately preceding the absence had been received by the member during the absence. R.R.O. 1990, Reg. 890, s. 10 (5); O. Reg. 775/91, s. 7 (3); O. Reg. 783/92, s. 5 (5).
(6) Revoked: O. Reg. 775/91, s. 7 (4).
(7) A member who became a member in accordance with clause 8 (1) (b) or clause 8 (2) (b) and did not become a member on the day the member commenced employment on a continuous full-time basis may establish as credited service such period of employment before the member became a member if, on or before a date designated by the Board, the member elects to pay in a manner prescribed by the Board,
(a) the amount of the contribution that the member would have paid to the Fund under this section if such period of employment was with the member’s current employer; or
(b) twice the amount of the contribution that the member would have paid to the Fund under this section if such period of employment was with a participating employer other than the member’s current employer. R.R.O. 1990, Reg. 890, s. 10 (7).
(8) A member who did not make a contribution to the Fund under subsection (1) during an absence that was an absence described in clause (b) or (d) of the definition of “continuous service” in section 1 may establish all or part of the period of the absence as credited service by paying into the Fund an amount equal to twice the amount of contribution calculated in accordance with subsection (2.1) as if the annual rate of contributory earnings of the member on the day immediately preceding the absence had been received by the member during the absence and,
(a) if the absence terminates on or before the 31st day of December, 1977, the amount to be paid by the member shall be paid to the Fund on or before a date designated by the Board; and
(b) if the absence terminates after the 31st day of December, 1977, the amount to be paid by the member shall be paid to the Fund on or before the end of the year next following the year in which the absence terminates. R.R.O. 1990, Reg. 890, s. 10 (8); O. Reg. 775/91, s. 7 (5); O. Reg. 783/92, s. 5 (6).
(9) For the purposes of subsection (8), if a member wishes to establish as credited service a period of absence which occurred after 1990 and has already established as credited service other such periods of absence totalling five years, plus, in respect of pregnancy or parental leave, up to one year of absence applied to any child up to a maximum of three years, no benefit shall be payable or funded in respect of any additional such periods of absence which the member wishes to establish as credited service until certification of the member’s past service pension adjustment under the Income Tax Act (Canada). O. Reg. 783/92, s. 5 (7).
(10) Even though the certification of a member’s past service pension adjustment required by subsection (9) has not been obtained, a benefit may be paid or funded in the following circumstances in respect of the member’s period of absence:
1. The period of absence is established as credited service under subsection (5) or (8).
2. The period of absence resulted from a disability of the member.
3. The member’s disability is determined by his or her employer (instead of the president) in accordance with section 14. O. Reg. 591/98, s. 4 (3).
(11) For the purposes of subsection (8), in order to establish as credited service a period of absence in respect of a “period of reduced pay” as defined in the Income Tax Act (Canada), the member must have been employed by the member’s employer at least thirty-six months before the commencement of the “period of reduced pay”. O. Reg. 783/92, s. 5 (7).
(12) Despite subsection (8), no member may establish as credited service a period of absence which occurred after 1990 if the member has accrued pension benefits in respect of that period under another pension plan registered under the Income Tax Act (Canada). O. Reg. 783/92, s. 5 (7).
10.1 (1) In this section,
“social contract leave day” means a working day for which the member is not paid due to a leave of absence required by the Social Contract Act, 1993 or an agreement or plan under it;
“social contract period” means the period beginning June 14, 1993 and ending March 31, 1996;
“social contract year” means any of the following periods,
(a) June 14, 1993 to March 31, 1994,
(b) April 1, 1994 to March 31, 1995, or
(c) April 1, 1995 to March 31, 1996. O. Reg. 81/94, s. 1.
(2) Despite subsection 10 (8), a member’s social contract leave days are established as credited service. O. Reg. 81/94, s. 1.
(3) If a member’s pay is reduced by or under the Social Contract Act, 1993 but the member is not entitled to or does not take an actual leave of absence, the number of working days that the reduction represents is established as credited service. O. Reg. 81/94, s. 1.
(4) The maximum number of days that may be established under subsections (2) and (3) as credited service in a social contract year is twelve or an equivalent number as determined under the Social Contract Act, 1993. O. Reg. 81/94, s. 1.
(5) Despite subsection 10 (8), no contributions shall be required by a member in respect of days established as credited service under subsection (2) or (3) and the member shall be credited with an unreduced rate of contributory earnings in respect of those days. O. Reg. 81/94, s. 1.
(6) During the social contract period, the unreduced rate of contributory earnings of a member required under subsection (5) shall be deemed to be the rate for which contributions would have been made by the member under subsection 10 (2.1) if the member were not on a leave of absence required by or under the Social Contract Act, 1993. O. Reg. 81/94, s. 1.
(7) Despite section 10, during a period of reduced pay as defined in the Income Tax Act (Canada), a member may accrue credited service and be credited with an unreduced rate of contributory earnings if,
(a) the member is within five years of retirement age;
(b) the employer authorizes the period of reduced pay for the member;
(c) the period of reduced pay begins during the social contract period; and
(d) the employer and the member continue to contribute to the Fund in the same proportions as they did before the period of reduced pay based on the unreduced rate of contributory earnings. O. Reg. 81/94, s. 1.
(8) The unreduced rate of contributory earnings of a member under subsection (7) shall be deemed to be the rate for which contributions would have been made by the member under subsection 10 (2.1) if the period of reduced pay did not apply to that member. O. Reg. 81/94, s. 1.
(9) An employer who has approved a downsizing program under section 26.2 may establish as part of that program a period of six months or less in which an employee is laid off as credited service under subsection 10 (8). O. Reg. 81/94, s. 1.
(10) An employee is only eligible for credited service under subsection (9) if,
(a) the employee is laid off by the employer or absent with the authorization of the employer for a period of any length beginning during the social contract period; and
(b) the employee subsequently becomes a member. O. Reg. 81/94, s. 1.
(11) Despite subsection 10 (8), an employer may pay all or part of the contributions in respect of credited service earned by a member under subsection (9). O. Reg. 81/94, s. 1.
(12) The period referred to in subsection (9) may be a continuous period or made up of a number of shorter periods. O. Reg. 81/94, s. 1.
11. (1) Every employer shall contribute to the Fund an amount equal to contributions made under subsection 10 (1) by employees or councillors of the employer. O. Reg. 775/91, s. 8 (1).
(2) Revoked: O. Reg. 775/91, s. 8 (2).
(3) Revoked: O. Reg. 775/91, s. 8 (2).
(4) Revoked: O. Reg. 775/91, s. 8 (2).
(5) Revoked: O. Reg. 775/91, s. 8 (2).
(6) Revoked: O. Reg. 775/91, s. 8 (2).
(7) Revoked: O. Reg. 775/91, s. 8 (2).
(8) Where a member elects to make a contribution,
(a) under subsection 10 (5), the employer shall make an equal contribution and shall pay such member contributions and employer contributions to the Fund forthwith;
(b) under clause 10 (7) (a), the employer shall make an equal contribution and shall pay to the Fund on or before a date designated by the Board such member contributions and employer contributions; or
(c) under clause 10 (7) (b) or subsection 10 (8), the employer shall pay such contributions to the Fund forthwith. R.R.O. 1990, Reg. 890, s. 11 (8).
11.1 (1) Despite subsection 10 (2.1), if an actuarial valuation made under subsection 7 (1) of the Act reveals an unfunded liability or solvency deficiency as defined in the Pension Benefits Act and periodic amounts are to be paid to the Fund under that Act to liquidate the unfunded liability or solvency deficiency, the Board, on the advice of the actuary, shall increase the rate of contributions under subsection 10 (2.1) to a level sufficient to ensure payment of one-half of such periodic amounts for the period required under the Pension Benefits Act. O. Reg. 775/91, s. 9.
(2) Despite subsection 10 (2.1), the Board, on the advice of its actuary, shall decrease equally the rates of contribution under subsections 10 (2.1) and 11 (1) if,
(a) an actuarial valuation made under subsection 7 (1) of the Act and filed with the Superintendent under the Pension Benefits Act reveals a surplus; and
(b) in the opinion of the Board, the surplus is sufficient to,
(i) permit a decrease in the contributions to the Fund, and
(ii) provide a reserve to avoid a future going concern unfunded liability or solvency deficiency, both as defined in Regulation 909 of the Revised Regulations of Ontario, 1990 made under the Pension Benefits Act. O. Reg. 422/97, s. 1.
(3) A decrease in contribution rates under subsection (2) is effective for such period or periods of time as may be determined by the Board. O. Reg. 422/97, s. 1.
12. (1) The normal retirement age of a member is,
(a) sixty-five years; or
(b) sixty years, if a member is a police officer or firefighter and the employer has changed the normal retirement age of the class of employees to whom the member belongs to sixty years. R.R.O. 1990, Reg. 890, s. 12 (1); O. Reg. 783/92, s. 6 (1).
(2) The normal retirement date of a member is the last day of the month in which the member attains the member’s normal retirement age. R.R.O. 1990, Reg. 890, s. 12 (2).
(3) An employer may change the normal retirement age of all members or any class of members who are police officers or firefighters from sixty-five years to sixty years by submitting an election in writing to the president. O. Reg. 783/92, s. 6 (2).
(4) In subsection (3),
“police officer” includes a police cadet. R.R.O. 1990, Reg. 890, s. 12 (4).
(5) The normal retirement age of a member who,
(a) is contributing to the Fund on the basis of a normal retirement age of sixty years;
(b) previously contributed to the Fund on the basis of a normal retirement age of sixty-five years; and
(c) has not withdrawn from the Fund any of the contributions referred to in clause (b),
shall be deemed to be sixty years for his or her entire period of credited service, and the period of his or her credited service while his or her normal retirement age was sixty-five years shall be reduced by one-quarter, unless credit is established in the Fund by or in respect of the member of an amount, determined by the Board on the advice of the actuary, equal to the difference between the present value of the pension earned based on credited service while the member’s normal retirement age was sixty-five years and the same pension calculated as if the member’s normal retirement age had been sixty years. R.R.O. 1990, Reg. 890, s. 12 (5); O. Reg. 591/98, s. 5 (1).
(6) Despite subsection 10 (4), a member who is contributing to the Fund on the basis of a normal retirement age of sixty-five years and previously contributed to the Fund on the basis of a normal retirement age of sixty years shall have refunded to him or her,
(a) the contributions made by the member under section 10 on the basis of a normal retirement age of sixty years minus the contributions that would have been made by the member under section 10 on the basis of a normal retirement age of sixty-five years; or
(b) any excess contributions made under subsection (5) or section 20, 25, 26 or 26.1, with interest calculated in the manner provided under subsection 19 (3). O. Reg. 775/91, s. 10; O. Reg. 591/98, s. 5 (2).
(7) Despite subsection 19 (1) and in lieu of the benefit referred to in subsection (6), a member who ceases to be an employee or councillor of an employer may, by written request to the president, request that the contributions referred to in subsection (6) be paid to him or her, together with interest thereon at the rate set forth in subsection 19 (3) less the amount of benefits that have been paid. R.R.O. 1990, Reg. 890, s. 12 (7); O. Reg. 783/92, s. 2.
(8) The normal retirement age of a member who,
(a) is contributing to the Fund on the basis of a normal retirement age of sixty years;
(b) previously contributed to the Fund on the basis of a normal retirement age of sixty-five years and before that contributed to the Fund on the basis of a normal retirement age of sixty years; and
(c) has not withdrawn from the Fund any of the contributions referred to in clause (b),
shall be deemed to be sixty years for his or her entire period of credited service, and the period of credited service to the credit of the member based on a normal retirement age of sixty-five years shall be reduced by one-quarter unless,
(d) in respect of a prior period during which the member contributed to the Fund on the basis of a normal retirement age of sixty-five years, credit is established in the Fund by or in respect of the member to the Fund of an amount calculated in accordance with subsection (5); and
(e) in respect of a prior period during which the member previously contributed to the Fund on the basis of a normal retirement age of sixty years, credit is established in the Fund by or in respect of the member of an amount equal to the excess of contributions made by the member referred to in subsection (6), together with interest thereon calculated in the manner provided in subsection 19 (3). R.R.O. 1990, Reg. 890, s. 12 (8); O. Reg. 591/98, s. 5 (3).
(9) If a member’s age is sixty years or more, the one-quarter reduction referred to in subsections (5) and (8) shall equal one-twentieth times the number of complete years and months that the member’s age is less than sixty-five years, and the calculation of the amount referred to in subsections (5) and (8) shall be modified accordingly. R.R.O. 1990, Reg. 890, s. 12 (9); O. Reg. 591/98, s. 5 (4).
13. (1) Every member who retires on or after the member’s normal retirement date is entitled to receive a normal retirement pension. R.R.O. 1990, Reg. 890, s. 13 (1).
(2) A pension under this section is payable to a member beginning on the first day of the month, following the month of the member’s retirement. O. Reg. 775/91, s. 11 (1).
(3) Despite subsections (1) and (2), a member who attains 69 years of age is entitled to receive a pension commencing on the first day of the month next following the month in which the member attains 69 years of age. R.R.O. 1990, Reg. 890, s. 13 (3); O. Reg. 591/98, s. 6 (1).
(4) A member’s normal retirement pension equals the sum of the member’s lifetime normal retirement pension and bridge pension. O. Reg. 775/91, s. 11 (2).
(4.1) Before January 1, 1998, the lifetime normal retirement pension payable to a member for life is calculated using the formula,
in which,
“A” is 2 per cent of the member’s pensionable earnings multiplied by the member’s credited service before 1966;
“B” is the amount calculated by multiplying the member’s credited service after 1965 by 1.3 per cent of the lesser of,
(a) the member’s pensionable earnings, or
(b) the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the two preceding years; and
“C” is the amount, if any, calculated by multiplying the member’s credited service after 1965 by 2 per cent of the greater of,
(a) the member’s pensionable earnings less the amount that is the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the two preceding years, or
(b) zero.
O. Reg. 430/00, s. 2 (1).
(4.2) From January 1, 1998 until December 31, 1998, the lifetime normal retirement pension payable to a member for life is calculated using the formula,
in which,
“A” is 2 per cent of the member’s pensionable earnings multiplied by the member’s credited service before 1966;
“D” is the amount calculated by multiplying the member’s credited service after 1965 by 1.3 per cent of the lesser of,
(a) the member’s pensionable earnings, or
(b) the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the three preceding years; and
“E” is the amount, if any, calculated by multiplying the member’s credited service after 1965 by 2 per cent of the greater of,
(a) the member’s pensionable earnings less the amount that is the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the three preceding years, or
(b) zero.
O. Reg. 430/00, s. 2 (1).
(5) On and after January 1, 1999, the lifetime normal retirement pension payable to a member for life is calculated using the formula,
in which,
“A” is 2 per cent of the member’s pensionable earnings multiplied by the member’s credited service before 1966;
“F” is the amount calculated by multiplying the member’s credited service after 1965 by 1.325 per cent of the lesser of,
(a) the member’s pensionable earnings, or
(b) the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the four preceding years; and
“G” is the amount, if any, calculated by multiplying the member’s credited service after 1965 by 2 per cent of the greater of,
(a) the member’s pensionable earnings less the amount that is the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the four preceding years, or
(b) zero.
O. Reg. 430/00, s. 2 (2).
(5.1) In the circumstances described in subsection 19.0.1 (3) and despite subsections (4.1), (4.2) and (5), the amount of a member’s lifetime normal retirement pension is calculated according to the following rules:
1. The expressions “old employment” and “new employment” have the same meaning as in subsection 19.0.1 (1).
2. A separate calculation must be made in respect of the following periods of credited service:
i. All credited service of the member up to and including the date on which the old employment was terminated. If the member has more than one period of old employment, the period described in this subparagraph ends on the date on which the first period of old employment was terminated.
ii. If the member has more than one period of old employment, the credited service earned by the member for each period of old employment after the first period of old employment.
iii. All credited service of the member on and after the date on which the new employment began.
3. The member’s pensionable earnings for each of those periods of credited service is determined as if the member had been a member of the System during the applicable period of credited service and not at any other time.
4. The amount of the member’s pension with respect to each of the periods of credited service is calculated in accordance with subsections (4.1), (4.2) and (5) as if the period were the member’s only period of credited service. The calculation must use the pensionable earnings for the period as determined under paragraph 3.
5. The member’s lifetime normal retirement pension is the sum of the pension amounts calculated under paragraph 4 for each of the periods of credited service. O. Reg. 317/99, s. 2 (1); O. Reg. 430/00, s. 2 (3, 4).
(6) For the purposes of this section, the total number of years of credited service of a member may not exceed thirty-five. O. Reg. 775/91, s. 11 (3); O. Reg. 317/99, s. 2 (2).
(6.1) Before January 1, 1998, the bridge pension payable to a member until he or she becomes or would have become entitled to a pension under the Canada Pension Plan that is unreduced for early retirement is calculated using the formula,
in which,
“H” is the member’s credited service in respect of the years after 1965;
“J” is the amount that is 0.7 per cent of the lesser of,
(a) the member’s pensionable earnings, or
(b) the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the two preceding years.
O. Reg. 430/00, s. 2 (5).
(6.2) From January 1, 1998 until December 31, 1998, the bridge pension payable to a member until he or she becomes or would have become entitled to a pension under the Canada Pension Plan that is unreduced for early retirement is calculated using the formula,
in which,
“H” is the member’s credited service in respect of the years after 1965; and
“K” is the amount that is 0.7 per cent of the lesser of,
(a) the member’s pensionable earnings, or
(b) the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the three preceding years.
O. Reg. 430/00, s. 2 (5).
(7) The bridge pension payable,
(a) on or after January 1, 1999, to a member until he or she becomes or would have become entitled to a pension under the Canada Pension Plan that is unreduced for early retirement; or
(b) on and after January 1, 2005, to a member until the end of the month in which the member attains 65 years of age and is entitled to a disability pension under the Canada Pension Plan,
is calculated using the formula,
in which,
“H” is the member’s credited service in respect of the years after 1965; and
“L” is the amount that is 0.675 per cent of the lesser of,
(a) the member’s pensionable earnings, or
(b) the average of the Year’s Maximum Pensionable Earnings for the year in which the member ceased to be employed by the employer and for each of the four preceding years.
O. Reg. 430/00, s. 2 (6); O. Reg. 402/04, s. 2.
(7.0.1) In the circumstances described in subsection 19.0.1 (3) and despite subsection (6.1), (6.2) or (7), the amount of a member’s bridge pension is calculated according to the following rules:
1. Paragraphs 1 to 3 and 6 of subsection (5.1) apply with respect to the calculation.
2. The amount of the member’s pension with respect to each of the periods of credited service is calculated in accordance with subsection (6.1), (6.2) or (7) as if the period were the member’s only period of credited service. The calculation must use the pensionable earnings for the period as determined under paragraph 3 of subsection (5.1).
3. The member’s bridge pension is the sum of the pension amounts calculated under paragraph 2 for each of the periods of credited service. O. Reg. 317/99, s. 2 (3); O. Reg. 430/00, s. 2 (7, 8).
(7.1) When a member ceases to be entitled to a bridge pension, he or she also ceases to be entitled to any inflation adjustments made to the bridge pension under section 21 or 22. O. Reg. 591/98, s. 6 (2).
(8) Despite subsection (4.1), (4.2), (5) or (5.1), the lifetime normal retirement pension of a member for each year of credited service in respect of years after 1991 shall not exceed $1,722.22 or such other limit prescribed under the Income Tax Act (Canada). O. Reg. 775/91, s. 11 (4); O. Reg. 317/99, s. 2 (4); O. Reg. 430/00, s. 2 (9).
(9) Despite subsection (4.1), (4.2), (5) or (5.1), for credited service in respect of years before 1990 accrued under section 26.1 or an agreement under section 26 entered into on or after the 8th day of June, 1990, if the member for whom such service accrues was not a member of any pension plan registered under the Income Tax Act (Canada) during any year in respect of that credited service, the lifetime normal retirement pension of a member, for each year of the credited service, shall not exceed $1,150 or such other limit prescribed under the Income Tax Act (Canada). O. Reg. 775/91, s. 11 (4); O. Reg. 317/99, s. 2 (5); O. Reg. 430/00, s. 2 (10).
Disability Retirement Benefits
13.1 (1) In this section,
“career average pension” means a pension for a period of contributory earnings before January 1, 1978 calculated under Regulation 638 of the Revised Regulations of Ontario, 1970, as amended to December 31, 1977, or a predecessor of that regulation, excluding any pension calculated as the product of a percentage multiplied by credited service multiplied by pensionable earnings. O. Reg. 460/01, s. 1.
(2) The pension payable to or in respect of a member shall be increased by 1.92 per cent of the career average pension payable in respect of credited service after December 31, 1965 but before January 1, 1978 if between those dates,
(a) the member retired or terminated employment from an employer that participates or participated in the System; and
(b) the member’s pension is a career average pension. O. Reg. 460/01, s. 1.
(3) The effective date of the increase described in subsection (2) is January 1, 1999. O. Reg. 460/01, s. 1.
14. (1) Upon application and with the approval of the president, a member shall be considered to be totally disabled on the date that a physician appointed by the Board certifies is the date that the member is wholly prevented due to mental or physical incapacity from performing the regular duties of the occupation in which he or she was engaged immediately before that date, and the disability shall be considered to continue if the member is so prevented during the first twenty-four-month period immediately after that date, and, thereafter, the disability shall be considered to continue if the member is wholly prevented from engaging in any occupation or performing any work for compensation or profit for which the president, on the advice of a physician appointed by the Board, considers the member is or may become reasonably qualified by education, training or experience. O. Reg. 775/91, s. 12 (1); O. Reg. 783/92, s. 2; O. Reg. 591/98, s. 7 (1).
(1.1) Upon application and with the approval of the president, a member shall be considered to be totally disabled on the date that a physician appointed by the Board certifies is the date that the member began suffering from a physical or mental impairment which wholly prevents the member from engaging in any occupation or performing any work for compensation or profit for which the president, on the advice of a physician appointed by the Board, considers the member is or may become reasonably qualified by education, training or experience and which can reasonably be expected to last for the remainder of the member’s lifetime. O. Reg. 775/91, s. 12 (1); O. Reg. 783/92, s. 2; O. Reg. 591/98, s. 7 (2).
(2) Despite subsections (1) and (1.1), total disability shall be considered not to exist,
(a) during any period in which the member engages in any occupation for compensation or profit other than an occupation associated with a rehabilitation program approved by the president; or
(b) where such total disability in respect of a member results from wilfully self-inflicted injury or the commission or attempted commission by the member of an indictable offence under the Criminal Code (Canada) or the engagement by the member in an unlawful occupation. O. Reg. 402/04, s. 3.
(3) A member who is considered under subsection (1) to be totally disabled and who has not elected to receive a benefit under section 16 or 17, subsection 19 (1) or section 25 accrues credited service from the latest of,
(a) January 1, 1978;
(b) the first day of the fifth calendar month following the month in which the member is considered to be totally disabled; or
(c) the day the member ceases to make contributions under section 10,
until the earliest of,
(d) the member’s normal retirement date;
(e) the day, if any, on which the member subsequently elects to receive a benefit under section 16 or 17, subsection 19 (1) or section 25; or
(f) the day on which the member dies. O. Reg. 591/98, s. 7 (3); O. Reg. 317/99, s. 3.
(4) During the period of the accrual of a member’s credited service referred to in subsection (3),
(a) the contributory earnings of the member shall be deemed to be the annual rate of contributory earnings for which contributions were last made by the member under section 10; and
(b) for the purposes of any pension calculated in the manner prescribed in section 13, for any year of credited service accrual under subsection (3), the Year’s Maximum Pensionable Earnings as defined in the Canada Pension Plan shall be deemed to be equal to that of the year in which the member’s credited service accrual under subsection (3) began. R.R.O. 1990, Reg. 890, s. 14 (4).
(5) Despite section 10, no member shall make contributions to the Fund in respect of contributory earnings under subsection (4) during the period of accrual of credited service under subsection (3). R.R.O. 1990, Reg. 890, s. 14 (5).
(6) Whether or not a member who is accruing credited service under subsection (3) continues to have the status of an employee with respect to the employer, the member shall be deemed to be an employee of the employer for the purposes of this Regulation. R.R.O. 1990, Reg. 890, s. 14 (6).
(7) Every member whose credited service accrual under subsection (3) began on or before December 1 of the year prior to an adjustment year and continues to January 1 of that adjustment year shall have,
(a) his or her deemed annual rate of contributory earnings, referred to in clause (4) (a), increased by the inflation adjustment in the manner prescribed in subsection 21 (5) from the 1st day of January of the adjustment year; and
(b) his or her deemed Year’s Maximum Pensionable Earnings referred to in clause (4) (b), from the 1st day of January of the adjustment year, increased to the lesser of,
(i) the member’s deemed Year’s Maximum Pensionable Earnings increased by the inflation adjustment in the manner prescribed in subsection 21 (5), or
(ii) the Year’s Maximum Pensionable Earnings, as defined in the Canada Pension Plan, for the adjustment year. R.R.O. 1990, Reg. 890, s. 14 (7); O. Reg. 591/98, s. 7 (4).
(8) Despite subsections (4) and (7), if on December 1 of the year prior to an adjustment year a member is entitled to a disability benefit under subsection (3) and on January 1 of that adjustment year,
(a) the member is entitled to a pension;
(b) the member is entitled to a deferred pension; or
(c) the member’s surviving spouse or children are entitled to a pension in respect of a deceased member,
the pension referred to in clause (a), (b) or (c) shall be increased on the 1st day of January of the adjustment year by the inflation adjustment in the manner prescribed in subsection 21 (5) using the date the member became entitled to a disability benefit as the commencement date of the pension or deferred pension to be increased by the inflation adjustment. R.R.O. 1990, Reg. 890, s. 14 (8); O. Reg. 591/98, s. 7 (5); O. Reg. 75/00, s. 2; O. Reg. 340/05, s. 2 (1).
(9) Despite subsections (4) and (7), if on December 1, 1997 a member was entitled to a disability benefit under subsection (3) and on January 1, 1998 continues to be so entitled, the member’s deemed annual rate of contributory earnings referred to in clause (4) (a) and deemed Year’s Maximum Pensionable Earnings referred to in clause (4) (b) shall be increased on January 1, 1998 by the 1997 inflation catch-up adjustment as defined in subsection 22 (2). O. Reg. 422/97, s. 2.
(10) Despite subsections (9) and (12), a member’s deemed Year’s Maximum Pensionable Earnings shall not exceed, for any year, the actual Year’s Maximum Pensionable Earnings as defined in the Canada Pension Plan for that year. R.R.O. 1990, Reg. 890, s. 14 (10).
(11) Despite subsections (4) and (7), if on December 1, 1997 a member was entitled to a disability benefit under subsection (3) and on January 1, 1998 the member is entitled to a pension or a deferred pension or the member’s surviving spouse or children are entitled to a pension in respect of the deceased member, the pension shall be increased on January 1, 1998 by the 1997 inflation catch-up adjustment, as defined in subsection 22 (2), using the date the member became entitled to a disability benefit as the commencement date of the pension or deferred pension to be increased by the inflation adjustment. O. Reg. 422/97, s. 2; O. Reg. 340/05, s. 2 (2).
(12) Despite subsections (3) to (11), for the purposes of calculating a pension in the manner prescribed in section 13, for each year prior to 1988 a member’s deemed contributory earnings as described in clause (4) (a) and deemed Year’s Maximum Pensionable Earnings as described in clause (4) (b) shall be increased by the inflation adjustment defined in subsection 22 (2) with necessary modifications. R.R.O. 1990, Reg. 890, s. 14 (12).
(13) A member who is considered under subsection (1.1) to be totally disabled and who is entitled to accrue credited service under subsection (3) may, instead of the accruing credited service under subsection (3), elect to receive a pension as follows:
1. The pension is to be calculated in the manner prescribed in section 13.
2. The pension begins on the later of the first day of the fifth calendar month following the month in which the member is considered totally disabled and the first day of the month following the month the member ceases to make contributions under section 10.
3. The pension continues to be payable until the member ceases to be considered totally disabled, unless it occurs after his or her normal retirement date, in which case the pension is payable for his or her life. O. Reg. 775/91, s. 12 (5).
(14) Where a member has accrued a period of credited service under subsection (3) and subsequently elects to receive a pension under subsection (13), the pension shall commence on the first day of the month next following receipt of the member’s pension election in the Board’s offices. R.R.O. 1990, Reg. 890, s. 14 (14).
(15) The accrual of credited service under subsection (3) ceases on the last day of the month preceding the month in which a pension commences under subsection (13). R.R.O. 1990, Reg. 890, s. 14 (15).
(16) On the date a member ceases to be considered to be totally disabled the member shall be deemed to cease to be an employee of the member’s most recent employer. R.R.O. 1990, Reg. 890, s. 14 (16).
(17) Every member who under this section is considered to be totally disabled shall, at the request of the president and at the expense of the Fund, submit from time to time to a medical examination by a physician appointed by the Board, but such an examination shall not be required more frequently than once a year and not after the normal retirement date of the member. R.R.O. 1990, Reg. 890, s. 14 (17); O. Reg. 783/92, s. 2; O. Reg. 591/98, s. 7 (6).
(18) If a member fails within sixty days after a request therefor to submit to a medical examination in accordance with subsection (17) the member shall be deemed not to be totally disabled. R.R.O. 1990, Reg. 890, s. 14 (18).
(19) Despite subsection (13), the amount of pension payable to a member in any month before his or her normal retirement date under this section, together with any amount of compensation payable to the member with respect to that month under the Workers’ Compensation Act, shall not exceed 85 per cent of the monthly rate of contributory earnings of the member on the last day the member received the normal rate of contributory earnings from his or her employer. R.R.O. 1990, Reg. 890, s. 14 (19).
(20) For purposes of subsection (19), the amount of pension payable to a member shall exclude any adjustments made thereto under section 21 and any similar adjustments made to compensation payable to the member under the Workers’ Compensation Act. R.R.O. 1990, Reg. 890, s. 14 (20).
(21) Despite subsections (3) and (13), if a member who was accruing credited service under subsection (3) or was receiving a pension under subsection (13) returns to work and ceases to accrue credited service under subsection (3) or to receive a pension under subsection (13) and within six months of returning to work again becomes disabled under subsection (1) or (1.1) as a result of the same mental or physical incapacity, as certified by a physician appointed by the Board, the member may immediately resume accruing credited service under subsection (3) or receiving a pension under subsection (13). O. Reg. 783/92, s. 7; O. Reg. 591/98, s. 7 (7).
Pensions to Surviving Spouses or Children
15. (1) A pension is payable under this section on the death of a member before the commencement of his or her pension,
(a) to the surviving spouse, if the member and the surviving spouse were not living separate and apart on the date of the member’s death; or
(b) to each dependent child of the deceased member,
(i) if, at the death of the member, there is no surviving spouse entitled to receive a pension under this section,
(ii) if the surviving spouse is not entitled to receive or to continue to receive a pension under this section by virtue of subsection 15.2 (9), or
(iii) if the surviving spouse who was entitled to a pension under this section has died. O. Reg. 75/00, s. 3 (1); O. Reg. 340/05, s. 3 (2).
(2) The annual amount of pension payable under this section,
(a) to a surviving spouse shall not exceed the annual amount of pension calculated under section 13 and is the sum of,
(i) two-thirds of the annual amount of pension calculated under section 13, and
(ii) in respect of each dependent child of the member during his or her dependent child benefit period, one-tenth of the annual amount of pension calculated under section 13; or
(b) to a dependent child is,
(i) 662/3 per cent of the annual amount of pension calculated under section 13, or
(ii) if the surviving spouse was receiving a pension immediately before her or his death, the amount of that pension excluding any adjustment in respect of a dependent child of the member,
divided by the number of dependent children of the member who remain in their dependent child benefit periods. O. Reg. 775/91, s. 13; O. Reg. 422/97, s. 3; O. Reg. 317/99, s. 4 (1); O. Reg. 75/00, s. 3 (2, 3); O. Reg. 340/05, s. 3 (3, 4).
(3) Every calculation of a member’s pension under this section shall be on the basis that the member was entitled to a pension under the Canada Pension Plan at the time of the member’s death. O. Reg. 775/91, s. 13.
(4) For the purposes of this section, the minimum value of a member’s pension earned to the date of the member’s death is the sum of,
(a) the contributions made by the member before the 1st day of January, 1987 under this Regulation, exclusive of contributions referred to in subsections 12 (6), 26 (14) and 26 (16), plus interest; and
(b) the commuted value of the member’s pension in respect of credited service of the member earned on or after the 1st day of January, 1987,
less the sum of any benefits paid to or in respect of a member under this Regulation, exclusive of benefits under subsections 12 (6) and 26 (14) and (16) and payments under subsections 19 (2) and (2.1). O. Reg. 775/91, s. 13; O. Reg. 317/99, s. 4 (2).
(5) If the commuted value of the pension payable on the death of a member under this section is less than the minimum value of the member’s pension as determined in subsection (4), the pension payable is increased accordingly. O. Reg. 775/91, s. 13.
(6) A surviving spouse eligible for a pension under subsection (1) may elect to receive, instead of that pension, a refund of an amount equal to the minimum value of the member’s pension. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (4); O. Reg. 340/05, s. 3 (5).
(7) A surviving spouse may elect to receive, instead of a refund under subsection (6), a deferred pension, the commuted value of which shall equal the amount of the refund, payable for life commencing the first day of the month following the month she or he attains the age of,
(a) sixty-five if the normal retirement age of the member was sixty-five years; or
(b) sixty if the normal retirement age of the member was sixty years. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (5); O. Reg. 340/05, s. 3 (6).
(8) If, at the date of death of a member, there is no surviving spouse or child of the member eligible for a pension under this section, the member’s designated beneficiary, or estate if there is no designated beneficiary, is entitled to a refund of an amount equal to the minimum value of the member’s pension. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (6); O. Reg. 340/05, s. 3 (7).
(9) If, at the date of death of a member, there is no surviving spouse eligible for a pension under this section but there is a child or children of the member so eligible, the member’s designated beneficiary, or estate if there is no designated beneficiary, is entitled to a refund of an amount equal to the commuted value of the member’s pension in respect of credited service the member earned on or after the 1st day of January, 1987 less the commuted value of the pension payable to the member’s child or children under this section. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (7); O. Reg. 340/05, s. 3 (8).
(10) If no pension is payable to surviving spouse or children of a deceased member under this section, the member’s designated beneficiary, or estate if there is no designated beneficiary, is entitled to a refund of the contributions to the credit of the member, plus interest to the date of the member’s death, less the amount of any benefits that have been paid to or in respect of the member. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (8); O. Reg. 340/05, s. 3 (9).
15.1 (1) A pension is payable under this section on the death of a member after the commencement of his or her pension,
(a) to the surviving spouse of the member; or
(b) to each dependent child of the deceased member,
(i) if, at the death of the member, there is no surviving spouse entitled to receive a pension under this section,
(ii) if the surviving spouse is not entitled to receive or to continue to receive a pension under this section by virtue of subsection 15.2 (9), or
(iii) if the surviving spouse who was entitled to a pension under this section has died. O. Reg. 75/00, s. 4 (1); O. Reg. 340/05, s. 4 (1).
(2) The annual amount of pension payable to a surviving spouse shall not exceed the annual amount of pension the member was receiving immediately before death and is the sum of,
(a) two-thirds of the annual amount of pension the member was receiving immediately before death and for the purposes of this calculation in the case of a member who retired before January 1, 1978 on an early retirement pension and who died on or after that day, the amount of the member’s pension is increased to the amount it would have been but for early retirement; and
(b) in respect of each dependent child of the member during his or her dependent child benefit period, one-tenth of the member’s annual amount of pension described in clause (a). O. Reg. 317/99, s. 5; O. Reg. 75/00, s. 4 (2); O. Reg. 340/05, s. 4 (2).
(3) The annual amount of pension payable to a dependent child is,
(a) 662/3 per cent of the annual amount of the pension the member was receiving immediately before death occurred, but in the case of a member who retired before the 1st day of January, 1978 on an early retirement pension and who died on or after that day, increased to the amount it would have been if it had not been reduced for early retirement; or
(b) if the surviving spouse was receiving a pension immediately before his or her death, the pension the surviving spouse was receiving excluding any adjustment in respect of a dependent child of the member,
divided by the number of dependent children of the member who continue in their dependent child benefit periods. O. Reg. 775/91, s. 14; O. Reg. 422/97, s. 4 (2); O. Reg. 75/00, s. 4 (3); O. Reg. 340/05, s. 4 (3).
(4) Every calculation of a member’s pension under this section shall be on the basis that the member was entitled to a pension under the Canada Pension Plan at the time of the member’s death. O. Reg. 775/91, s. 14.
(5) If, under this section, no pension is payable to a surviving spouse or child of a deceased member, the member’s designated beneficiary, or estate if there is no designated beneficiary, is entitled to a refund of the contributions to the credit of the member, plus interest to the date of the member’s retirement, less the amount of any benefits that have been paid to or in respect of the member. O. Reg. 775/91, s. 14; O. Reg. 75/00, s. 4 (4); O. Reg. 340/05, s. 4 (4).
(6) Subsection (1) applies in respect of spousal relationships in which the former member and his or her spouse became spouses before the date on which this section came into force, upon application to the Board by any eligible surviving spouse. O. Reg. 340/05, s. 4 (5).
(7) The pension payable to an eligible surviving spouse shall be calculated as if subsection (1) had been in effect on the date of death of the former member. O. Reg. 340/05, s. 4 (5).
(8) Any pension payable to an eligible surviving spouse shall be reduced by an amount equal to any other benefit paid to that person under this Regulation in respect of the member. O. Reg. 75/00, s. 4 (5); O. Reg. 340/05, s. 4 (6).
(9) If a pension became payable under this section to a former spouse or a child of a former member before this section came into force, the spouse or child shall, if otherwise entitled to receive the pension, continue to be so entitled even though an eligible surviving spouse has commenced receiving a pension under subsection (6). O. Reg. 775/91, s. 14; O. Reg. 340/05, s. 4 (7).
15.2 (1) A pension payable to a person under section 15 or 15.1 is payable monthly beginning the first day of the month following the month in which the person becomes entitled to the pension and is payable,
(a) to a surviving spouse until his or her death; or
(b) to a dependent child until the earlier of the child’s death and the end of the child’s dependent child benefit period. O. Reg. 775/91, s. 14; O. Reg. 75/00, s. 5 (1); O. Reg. 340/05, s. 5 (1).
(2) A child of a deceased member shall be deemed for the purposes of this section to be under the age of 19 years during the continuation of total disability if the child is determined by the president, on the advice of a physician appointed by the Board, to be totally disabled,
(a) before the age of 21 years; or
(b) before the age of 25 years if the child is in full-time attendance at an educational institution and the member dies on or after January 1, 2005. O. Reg. 402/04, s. 4.
(3) In subsection (2),
“totally disabled” means that the child is afflicted by mental or physical infirmity that has rendered the child incapable of supporting himself or herself and “total disability” has a corresponding meaning, but total disability shall be considered not to exist,
(a) during any period in which the child engages in any occupation for compensation or profit other than an occupation associated with a rehabilitation or workshop program approved by the president, or
(b) where the disability results from wilfully self-inflicted injury or the commission or attempted commission by the child of an indictable offence under the Criminal Code (Canada) or the engagement by the child in an unlawful occupation. O. Reg. 775/91, s. 14; O. Reg. 783/92, s. 2.
(4) Despite clause 15 (2) (a) or 15.1 (2) (a), if at the time of the member’s death the surviving spouse of the member does not have custody, care and control of any surviving child of the deceased member, the increase in pension payable to the surviving spouse in respect of children of the member as provided in clause 15 (2) (a) or 15.1 (2) (a) shall be paid to the person or agency who most recently had custody, care and control. O. Reg. 775/91, s. 14; O. Reg. 75/00, s. 5 (2); O. Reg. 340/05, s. 5 (2).
(5) For the purposes of sections 15 and 15.1, if a pension or other benefit is payable to a child of a deceased member under the age of eighteen years or a disabled child referred to in subsection (2), payment may be made to the person or agency having custody, care and control of the child, or, if there is no such person or agency, to the person or agency named by the president. O. Reg. 775/91, s. 14; O. Reg. 783/92, s. 2.
(6) The surviving parent of a child shall, in the absence of evidence to the contrary, be deemed to be the person having custody, care and control, except where the child is living apart from the parent. O. Reg. 775/91, s. 14.
(7) If a surviving spouse, child or beneficiary of a deceased member cannot be found, and the president is satisfied that reasonable efforts have been made to find them and at least one year has passed since the member’s death, the Board may, despite any other provision of this Regulation, direct that any benefit that would be payable under this Regulation if the surviving spouse, child or beneficiary had predeceased the member be paid to the person who would be entitled to receive the benefit in those circumstances, on such conditions as the Board directs. O. Reg. 775/91, s. 14; O. Reg. 783/92, s. 2; O. Reg. 75/00, s. 5 (3); O. Reg. 340/05, s. 5 (3).
(8) If a surviving spouse, child or beneficiary referred to in subsection (7) is subsequently found and a claim is made for any benefit payable under this Regulation, the Board may direct that the benefit, reduced by the amount actually paid under subsection (7), be paid to the surviving spouse, child or beneficiary, as the case may be. O. Reg. 775/91, s. 14; O. Reg. 75/00, s. 5 (3); O. Reg. 340/05, s. 5 (4).
(9) The president may direct that a benefit be paid in accordance with this Regulation as if the surviving spouse or the member’s beneficiary, as the case may be, had predeceased the member if a benefit would otherwise have been payable under section 15 or 15.1 to the surviving spouse of a deceased member but the president is satisfied,
(a) that the person is not entitled to receive the benefit by virtue of a judicial decree or a separation agreement or other contractual arrangement between the person and the member that has been received by the president before any payment of the benefit is made to the person; or
(b) that the person, or, where applicable, the member’s beneficiary, has refused to accept the benefit. O. Reg. 775/91, s. 14; O. Reg. 783/92, s. 2; O. Reg. 75/00, s. 5 (4); O. Reg. 340/05, s. 5 (5).
(10) If the benefit referred to in subsection (9) is a pension and the president is satisfied that the person is not entitled to receive the pension by virtue of a judicial decree, separation agreement or other contractual arrangement that is received by the president after payment of the pension is commenced, the president may direct that, thereafter, the pension or any other benefit be paid in accordance with this Regulation as if the person had died on the date the judicial decree, separation agreement or other contractual arrangement was received. O. Reg. 775/91, s. 14; O. Reg. 783/92, s. 2.
(11) Upon the application of a surviving spouse whose pension under section 15 or 15.1 ceased by reason of his or her remarriage before the 29th day of September, 1981, the Board shall recommence the pension as of the 1st day of July, 1984. O. Reg. 775/91, s. 14; O. Reg. 340/05, s. 5 (6).
(12) The pension referred to in subsection (11) shall be recommenced in a monthly amount equal to the amount that would have been paid to the surviving spouse on the 1st day of July, 1984 as if the pension had not been terminated. O. Reg. 775/91, s. 14; O. Reg. 340/05, s. 5 (7).
(13) If a pension became payable under section 15 or 15.1 to the child of a former member upon the remarriage of the surviving spouse of the former member before the 29th day of September, 1981, the child shall, if otherwise entitled to receive the pension, continue to be so entitled despite the recommencement of the pension to the surviving spouse under subsection (12). O. Reg. 775/91, s. 14; O. Reg. 340/05, s. 5 (8).
(14) Any person receiving or entitled to receive a pension under section 15 or 15.1 on January 1, 1998 shall have his or her pension recalculated as if this Regulation, as it read on January 1, 1998, had been in effect on the date of death of the former member whose pension or pension entitlement was the basis of calculation of the pension or pension entitlement of the person, but the recalculated pension shall be payable only from and after January 1, 1998. O. Reg. 775/91, s. 14; O. Reg. 422/97, s. 5.
(14.1) A person receiving or entitled to receive a pension under section 15 or 15.1 on January 1, 1999 shall have his or her pension recalculated as if this Regulation as it reads on June 1, 1999 had been in effect on the date of the applicable former member’s death. The recalculated pension is payable only from and after January 1, 1999. O. Reg. 317/99, s. 6.
16. (1) If a member ceases to be an employee or councillor of an employer before the member’s normal retirement date for reasons other than the member’s entitlement to a benefit under section 14 or the member’s death, the member is entitled to receive a deferred pension. R.R.O. 1990, Reg. 890, s. 16 (1).
(2) A deferred pension under this section is payable to a member for the member’s life commencing the first day of the month next following the later of the member’s normal retirement date or the last date the member made a contribution to the plan, if the member is then living. O. Reg. 402/04, s. 5.
(3) The annual amount of deferred pension payable to a member under this section shall be calculated in the manner prescribed in section 13. R.R.O. 1990, Reg. 890, s. 16 (3).
(4) A member entitled to a deferred pension under this section may in lieu thereof elect to the extent permitted therein to receive a benefit under section 17, subsection 18 (4) or 19 (1) or section 25. R.R.O. 1990, Reg. 890, s. 16 (4); O. Reg. 317/99, s. 7.
(5) Despite subsection (2), where a member who has not made an election under subsection (4) is once again required to become a member under clause 8 (1) (b) or (c) or subsection 8 (9), the member shall cease to be entitled to receive the deferred pension under this section. R.R.O. 1990, Reg. 890, s. 16 (5); O. Reg. 783/92, s. 8 (1).
(6) Despite subsection (3), if on the 1st day of December of the year prior to an adjustment year a member is entitled to a deferred pension and on the 1st day of January of that adjustment year continues to be so entitled, the deferred pension of the member shall be increased on the 1st day of January of the adjustment year by the inflation adjustment in the manner prescribed in subsection 21 (5). R.R.O. 1990, Reg. 890, s. 16 (6); O. Reg. 783/92, s. 8 (2).
(7) Despite subsection (3), if on the 1st day of December of a year prior to an adjustment year a member is entitled to a deferred pension and on the 1st day of January of that adjustment year,
(a) the member is entitled to a pension; or
(b) the member’s surviving spouse or children are entitled to a pension in respect of the deceased member,
the pension referred to in clause (a) or (b) shall be increased on the 1st day of January of the adjustment year by the inflation adjustment in the manner prescribed in subsection 21 (5) using the date the member became entitled to a deferred pension as the commencement date of the pension which is to be increased by the inflation adjustment. R.R.O. 1990, Reg. 890, s. 16 (7); O. Reg. 783/92, s. 8 (3); O. Reg. 75/00, s. 6; O. Reg. 340/05, s. 6 (1).
(8) Despite subsection (3), if on December 1, 1997 a member was entitled to a deferred pension and on January 1, 1998 continues to be so entitled, the deferred pension of the member shall be increased on January 1, 1998 by the 1997 inflation catch-up adjustment as defined in subsection 22 (2). O. Reg. 422/97, s. 6.
(9) Despite subsection (3), if on December 1, 1997 a member was entitled to a deferred pension and on January 1, 1998 the member is entitled to a pension or the member’s surviving spouse or children are entitled to a pension in respect of the deceased member, the pension shall be increased on January 1, 1998 by the 1997 inflation catch-up adjustment, as defined in subsection 22 (2), that would have been applicable had the member continued to be entitled to a deferred pension on January 1, 1998. O. Reg. 422/97, s. 6; O. Reg. 340/05, s. 6 (2).
(10) For the purposes of subsection (3), any increase to a member’s deferred pension under subsections (6), (8) and (9) shall be deemed to apply to the amount of the reduction referred to in subsection 13 (7) which occurs when the member becomes entitled to a pension under the Canada Pension Plan that is unreduced for early retirement. R.R.O. 1990, Reg. 890, s. 16 (10); O. Reg. 591/98, s. 9.
17. (1) In this section,
“eligible service” means the service of a member with an employer eligible to participate in the System that is not credited service. R.R.O. 1990, Reg. 890, s. 17 (1).
(2) If a member ceases to be an employee or councillor of an employer participating in the System within the ten year period before the member’s normal retirement age for reasons other than his or her death, the member may elect, in lieu of a deferred pension under section 16, to receive an early retirement pension. R.R.O. 1990, Reg. 890, s. 17 (2).
(3) If a member is accruing credited service under subsection 14 (3), the member may, within the ten year period before his or her normal retirement age, elect, in lieu of continued accrual of the credited service, to receive an early retirement pension. R.R.O. 1990, Reg. 890, s. 17 (3).
(4) An early retirement pension under this section is payable to the member for life commencing, in the case of an election under subsection (3), on the first day of the month following the month in which the election is received in the offices of the Board and, in the case of an election under subsection (2), on the first day of the month following the month in which,
(a) the member ceases to be an employee or councillor if written notice of the election is received in the offices of the Board within six months after the day he or she ceases to be an employee or councillor; or
(b) the election is received in the offices of the Board if written notice of the election is not received within six months after the day he or she ceases to be an employee or councillor. R.R.O. 1990, Reg. 890, s. 17 (4).
(5) The annual amount of early retirement pension payable to a member under this section is the annual amount of pension calculated in the manner prescribed in section 13 if, at the date of early retirement,
(a) the sum of the member’s age, counted in full years and months, plus credited service and eligible service, counted in full years and months, equals,
(i) in the case of a member whose normal retirement age is sixty-five years, at least ninety years, or
(ii) in the case of a member whose normal retirement age is 60 years, at least 85 years; or
(b) the sum of the member’s credited service and eligible service counted in full years and months equals at least thirty years. O. Reg. 775/91, s. 15; O. Reg. 591/98, s. 10 (1).
(5.1) Despite subsection (5) and subject to the Income Tax Act (Canada), in the following circumstances the annual amount of early retirement pension payable to a member under this section is the annual amount of pension calculated under section 13:
1. The member retires on or after November 30, 1997 and before January 1, 1999 and the criteria described either in subsection (5.2) or in subsection (5.4) are met at the date of the early retirement.
2. The member retires on or after January 1, 1999 and before January 1, 2002 and the criteria described either in subsection (5.3) or in subsection (5.4) are met at the date of the early retirement.
3. The member retires on or after January 1, 2002 and before January 1, 2003 and the criteria described either in subsection (5.3.1) or in subsection (5.4) are met at the date of the early retirement.
4. The member retires on or after January 1, 2003 and before January 1, 2004 and the criteria described in subsection (5.3.2) or (5.4) are met at the date of early retirement.
5. The member retires on or after January 1, 2004 and before January 1, 2005 and the criteria described in subsection (5.2) or (5.4) are met at the date of early retirement. O. Reg. 317/99, s. 8 (1); O. Reg. 484/01, s. 1 (1, 2).
(5.2) For the purposes of paragraphs 1 and 5 of subsection (5.1), the sum of the member’s age (counted in full years and months) plus credited service and eligible service (counted in full years and months) must not be less than,
(a) 85 years, in the case of a member whose normal retirement age is 65 years; or
(b) 80 years, in the case of a member whose normal retirement age is 60 years. O. Reg. 317/99, s. 8 (1); O. Reg. 484/01, s. 1 (3).
(5.3) For the purposes of paragraph 2 of subsection (5.1), the sum of the member’s age (counted in full years and months) plus credited service and eligible service (counted in full years and months) must not be less than,
(a) 80 years, in the case of a member whose normal retirement age is 65 years; or
(b) 75 years, in the case of a member whose normal retirement age is 60 years. O. Reg. 317/99, s. 8 (1).
(5.3.1) For the purpose of paragraph 3 of subsection (5.1), the sum of the member’s age (counted in full years and months) plus credited service and eligible service (counted in full years and months) must not be less than,
(a) 82 years, in the case of a member whose normal retirement age is 65 years; or
(b) 77 years, in the case of a member whose normal retirement age is 60 years. O. Reg. 484/01, s. 1 (4).
(5.3.2) For the purpose of paragraph 4 of subsection (5.1), the sum of the member’s age (counted in full years and months) plus credited service and eligible service (counted in full years and months) must not be less than,
(a) 84 years, in the case of a member whose normal retirement age is 65 years; or
(b) 79 years, in the case of a member whose normal retirement age is 60 years. O. Reg. 484/01, s. 1 (4).
(5.4) For the purposes of paragraphs 1, 2, 3, 4 and 5 of subsection (5.1), the sum of the member’s credited service and eligible service (counted in full years and months) must not be less than 30 years. O. Reg. 317/99, s. 8 (1); O. Reg. 484/01, s. 1 (5).
(5.5) Despite subsection (2), the immediate early retirement pension payable under paragraphs 2, 3 and 4 of subsection (5.1) to a member may begin to be paid from the first day of the month following the month in which the member reaches,
(a) 50 years of age, in the case of a member whose normal retirement age is 65 years; or
(b) 45 years of age, in the case of a member whose normal retirement age is 60 years. O. Reg. 317/99, s. 8 (1); O. Reg. 484/01, s. 1 (6).
(6) Revoked: O. Reg. 317/99, s. 8 (1).
(7) If at the date of early retirement the member is not eligible to receive an early retirement pension under subsection (5), the annual amount of early retirement pension payable to the member under this section is the annual amount of pension calculated in the manner prescribed in section 13, reduced at the annual rate of 5 per cent, multiplied by the least of,
(a) the number of full years and months by which the member’s age is less than the member’s normal retirement age, on the date the early retirement pension is to commence;
(b) ninety, in the case of a member whose normal retirement age is sixty-five years, or eighty-five, in the case of a member whose normal retirement age is sixty years, minus the sum of the member’s credited service and eligible service and the member’s age, in full years and months on the date the member’s early retirement pension is to commence; or
(c) the number of full years and months by which the sum of the member’s credited service and eligible service is less than thirty years, on the date the member’s early retirement pension is to commence. O. Reg. 775/91, s. 15.
(7.1) Despite subsection (7) and subject to the Income Tax Act (Canada), the annual amount of the early retirement pension payable to a member who is not eligible under subsections (5) and (5.1) to receive an early retirement pension at the date of his or her early retirement is determined,
(a) under subsection (7.1.1) for a member who retires on or after November 30, 1997 and before January 1, 1999;
(b) under subsection (7.1.2) for a member who retires on or after January 1, 1999 and before January 1, 2002;
(c) under subsection (7.1.3) for a member who retires on or after January 1, 2002 and before January 1, 2003;
(d) under subsection (7.1.4) for a member who retires on or after January 1, 2003 and before January 1, 2004; and
(e) under subsection (7.1.5) for a member who retires on or after January 1, 2004 and before January 1, 2005. O. Reg. 317/99, s. 8 (2); O. Reg. 484/01, s. 1 (7-9).
(7.1.1) For the purposes of clause (7.1) (a), the amount of the member’s early retirement pension is calculated by reducing the annual amount of pension calculated under section 13 for the member at the rate of 2 1/2 per cent multiplied by the least of,
(a) the number of full years and months by which the member’s age is less than the member’s normal retirement age, on the date the early retirement pension is to begin;
(b) in the case of a member whose normal retirement age is 65 years, 85 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin;
(c) in the case of a member whose normal retirement age is 60 years, 80 minus the sum of the member’s credit service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin; and
(d) the number of full years and months by which the sum of the member’s credited service and eligible service is less than 30 years on the date the early retirement pension is to begin. O. Reg. 317/99, s. 8 (2); O. Reg. 484/01, s. 1 (10).
(7.1.2) For the purposes of clause (7.1) (b), the amount of the member’s early retirement pension is calculated by reducing the annual amount of pension calculated under section 13 for the member at the rate of 2 1/2 per cent multiplied by the least of,
(a) the number of full years and months by which the member’s age is less than the member’s normal retirement age, on the date the early retirement pension is to begin;
(b) in the case of a member whose normal retirement age is 65 years, 80 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin;
(c) in the case of a member whose normal retirement age is 60 years, 75 minus the sum of the member’s credit service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin; and
(d) the number of full years and months by which the sum of the member’s credited service and eligible service is less than 30 years on the date the early retirement pension is to begin. O. Reg. 317/99, s. 8 (2).
(7.1.3) For the purpose of clause (7.1) (c), the amount of the member’s early retirement pension is calculated by reducing the annual amount of pension calculated under section 13 for the member at the rate of 2.5 per cent multiplied by the least of,
(a) the number of full years and months by which the member’s age is less than the member’s normal retirement age, on the date the early retirement pension is to begin;
(b) in the case of a member whose normal retirement age is 65 years, 82 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin;
(c) in the case of a member whose normal retirement age is 60 years, 77 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin; and
(d) the number of full years and months by which the sum of the member’s credited service and eligible service is less than 30 years on the date the early retirement pension is to begin. O. Reg. 484/01, s. 1 (11).
(7.1.4) For the purpose of clause (7.1) (d), the amount of the member’s early retirement pension is calculated by reducing the annual amount of pension calculated under section 13 for the member at the rate of 2.5 per cent multiplied by the least of,
(a) the number of full years and months by which the member’s age is less than the member’s normal retirement age, on the date the early retirement pension is to begin;
(b) in the case of a member whose normal retirement age is 65 years, 84 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin;
(c) in the case of a member whose normal retirement age is 60 years, 79 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin; and
(d) the number of full years and months by which the sum of the member’s credited service and eligible service is less than 30 years on the date the early retirement pension is to begin. O. Reg. 484/01, s. 1 (11).
(7.1.5) For the purpose of clause (7.1) (e), the amount of the member’s early retirement pension is calculated by reducing the annual amount of pension calculated under section 13 for the member at the rate of 5 per cent multiplied by the least of,
(a) the number of full years and months by which the member’s age is less than the member’s normal retirement age, on the date the early retirement pension is to begin;
(b) in the case of a member whose normal retirement age is 65 years, 85 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin;
(c) in the case of a member whose normal retirement age is 60 years, 80 minus the sum of the member’s credited service, eligible service and age (counted in full years and months) on the date the early retirement pension is to begin; and
(d) the number of full years and months by which the sum of the member’s credited service and eligible service is less than 30 years on the date the early retirement pension is to begin. O. Reg. 484/01, s. 1 (11).
(7.2) If a member’s pension is calculated in accordance with subsection (7) or (7.1) and the member becomes entitled to a CPP pension, the annual amount of pension payable to the member after the member becomes entitled to a CPP pension shall be determined in accordance with the following:
1. The annual amount of early retirement pension that was payable immediately before the member becomes entitled to a CPP pension shall be calculated in accordance with subsection (7) or (7.1), as applicable.
2. The bridge pension under subsection 13 (6.1), (6.2) or (7) that was payable immediately before the member becomes entitled to a CPP pension shall be determined without any reduction under subsection (7) or (7.1).
3. The annual amount of pension payable to the member after the member becomes entitled to a CPP pension is the annual amount of early retirement pension determined under paragraph 1 minus the bridge pension determined under paragraph 2. O. Reg. 357/98, s. 1; O. Reg. 464/00, s. 1.
(7.3) In subsection (7.2),
“entitled to a CPP pension” means entitled to a pension under the Canada Pension Plan that is unreduced for early retirement. O. Reg. 357/98, s. 1.
(8) For the purposes of this section, a member’s age shall be calculated as at the last day of the month immediately preceding the commencement date of the member’s early retirement pension. R.R.O. 1990, Reg. 890, s. 17 (8); O. Reg. 317/99, s. 8 (3).
(9) The following rules apply when a member becomes entitled to receive a deferred pension under section 16 and wishes to make an election to receive an early retirement pension:
1. The member may make the election within the 10 year period before his or her normal retirement date with respect to an early retirement pension calculated under subsection (5) or subsection (7).
2. The member may make the election within the 10 year period before his or her normal retirement date with respect to an early retirement pension calculated under paragraph 1 or 5 of subsection (5.1) or clause (7.1) (a) or (e).
3. The member may make the election within the 15 year period before his or her normal retirement date with respect to an early retirement pension calculated under paragraph 2, 3 or 4 of subsection (5.1) or clause (7.1) (b), (c) or (d). O. Reg. 317/99, s. 8 (4); O. Reg. 484/01, s. 1 (12, 13).
(10) For the purposes of determining completed years and months of credited service and eligible service under this section,
(a) a month shall not be counted more than once; and
(b) a member employed on other than a continuous full-time basis shall be considered to have been employed on a continuous full-time basis. O. Reg. 317/99, s. 8 (4).
17.1 (1) This section applies if an employer has entered into a supplementary agreement with the Board described in section 26.2. O. Reg. 221/93, s. 1.
(2) An immediate early retirement pension may be payable to a member,
(a) if the member is at least sixty years of age; or
(b) if the member’s age, in full years and months, plus his or her credited service and eligible service, in full years and months, equals at least eighty. O. Reg. 221/93, s. 1; O. Reg. 81/94, s. 2 (1); O. Reg. 109/96, s. 1 (1).
(3) The immediate early retirement pension may begin to be paid to the member from the first day of the month following the month in which he or she reaches fifty years of age. O. Reg. 221/93, s. 1.
(3.1) Revoked: O. Reg. 109/96, s. 1 (2).
(3.2) Revoked: O. Reg. 109/96, s. 1 (2).
(4) The annual amount of the immediate early retirement pension shall be the annual amount of pension payable calculated in the manner prescribed for a normal retirement pension under section 13, less the annual amount payable to the member as an early retirement pension under section 17. O. Reg. 221/93, s. 1; O. Reg. 81/94, s. 2 (3).
(5) Despite section 18, if a member receiving a pension under a supplementary agreement described in section 26.2 again becomes an employee, payment of the pension to the member shall cease and the pension shall not be recommenced if the member subsequently ceases to be an employee. O. Reg. 109/96, s. 1 (3).
(6) Subsection (5) applies only in respect of a supplementary agreement which comes into force on or after March 29, 1996. O. Reg. 109/96, s. 1 (3).
Note: Section 17.1, as it read on March 28, 1996, continues to apply to supplementary agreements entered into on or before March 31, 1995. See O. Reg. 109/96, s. 3.
18. (1) Pensions are payable in equal monthly instalments. R.R.O. 1990, Reg. 890, s. 18 (1).
(2) If, after beginning to receive a pension, a member becomes a councillor or employee of an employer, the member may elect to be deemed to cease being an employee or councillor for the purpose of the provisions of this Regulation for making further contributions for a pension, and for accruing further contributory earnings and further credited service for a pension. O. Reg. 402/04, s. 6.
(3) If a member is in receipt of a pension in the circumstances described in subsection (2) but does not make the election, the payment of the pension shall cease during the period that the member is an employee or councillor and upon recommencement, the pension shall be recalculated in accordance with section 13, 14 or 17, as the case may be. O. Reg. 402/04, s. 6.
(3.1) A member shall be deemed, from the commencement date of the member’s pension as determined under subsection 13 (2) or 17 (4), as the case may be, to cease being an employee or councillor for the purpose of any provision of this Regulation for making further contributions for a pension or accruing further contributory earnings or credited service for a pension if,
(a) the member is or has been an employee or councillor of more than one employer in overlapping periods; and
(b) the member elects to receive an early retirement pension or a normal retirement pension in respect of his or her service with one employer while still an employee or councillor with another employer. O. Reg. 402/04, s. 6.
(3.2) A member who elects to receive an early retirement pension or a normal retirement pension under clause 18 (3.1) (b) in respect of his or her service with an employer shall be deemed, despite subsection 16 (1), to cease being an employee or councillor of any other employer for the purposes of receiving a deferred pension under section 16 in respect of the member’s service with the other employer. O. Reg. 402/04, s. 6.
(4) Despite any other provision of this Regulation, a member who ceases to be in the service of an employer or the surviving spouse or child of such a member who is entitled to a pension or deferred pension, the annual amount of which is less than the amount prescribed in the Pension Benefits Act, may elect to receive instead of the pension or deferred pension a lump sum amount that is equal to the commuted value of the pension or deferred pension. O. Reg. 775/91, s. 16 (2); O. Reg. 75/00, s. 7; O. Reg. 340/05, s. 7.
Refund of Contributions by Members
19. (1) If a member, for reasons other than death or retirement, ceases to be an employee or councillor of an employer before normal retirement date, the member may elect to have a refund of contributions made by him or her to the Fund, plus interest less the amount of any benefits that have been paid under this Regulation but,
(a) contributions made by the member from the 1st day of January, 1965 to the 31st day of December, 1986, exclusive of contributions referred to in subsections 12 (6), 26 (14) and 26 (16), shall not be refunded if the cessation occurs after the member has attained the age of forty-five years and has completed ten years of continuous service with the employer; and
(b) contributions made by the member on or after the 1st day of January, 1987, exclusive of contributions referred to in subsection 12 (6), shall not be refunded if the cessation occurs after the member has completed two continuous years of membership in the System. O. Reg. 775/91, s. 17; O. Reg. 591/98, s. 11.
(2) Despite any other provision in this Regulation, if a member dies, retires or otherwise ceases to be an employee or councillor, the member, or the member’s designated beneficiary, or estate if there is no designated beneficiary, as the case may be, is entitled to a refund equal to the sum of contributions made by the member under subsections 10 (2.1), 10 (5) and 26 (6) since the 1st day of January, 1987, plus interest, minus one-half the commuted value of the pension which the member has earned in respect of these contributions. O. Reg. 775/91, s. 17; O. Reg. 783/92, s. 10.
(2.1) If, before January 1, 1992, a member accrued credited service in excess of 35 years, a refund equal to the sum of the member’s contributions, plus interest, for the period of credited service in excess of 35 years is payable to the member or, if the member is deceased, to a person receiving a pension in respect of the member or, if there is no such person, to the member’s designated beneficiary or, if there is no designated beneficiary, to the member’s estate. O. Reg. 317/99, s. 9.
(2.2) A refund under subsection (2.1) shall not include any amount paid to the member under subsection (2) in respect of the same period of credited service. O. Reg. 317/99, s. 9.
(3) For the purposes of this section, interest on a contribution shall be calculated at the rate of 3 per cent per annum up to the 31st day of December, 1977, 5 per cent per annum up to the 31st day of December, 1986, and thereafter at a rate equal to the average monthly yield in the previous calendar year of five-year personal fixed term bank deposit rates as determined from the Canadian Socio-Economic Information Management (CANSIM) Series B 14045 published monthly in the Bank of Canada Review. R.R.O. 1990, Reg. 890, s. 19 (3).
(4) Despite subsection (3), any person whose written request for a refund under subsection (1) is effective on or before the 31st day of December, 1987, for the purposes of this section, interest on a contribution shall be calculated at the rate of 6.5 per cent per annum in respect of 1987. R.R.O. 1990, Reg. 890, s. 19 (4).
(5) For the purposes of this section, interest shall be calculated in a manner consistent with the requirements of the Pension Benefits Act. R.R.O. 1990, Reg. 890, s. 19 (5).
19.0.1 (1) This section applies to a member,
(a) who terminates employment (the “old employment”) and ceases to be eligible to make contributions to the Fund upon terminating that employment;
(b) who receives a refund of contributions under subsection 19 (2) in respect of the old employment; and
(c) who, as a result of employment that begins on or after June 1, 1999 (the “new employment”), becomes required to make contributions to the Fund. O. Reg. 317/99, s. 10.
(2) The member may elect to pay into the Fund an amount equal to the amount he or she received under subsection 19 (2) in respect of the old employment, together with interest (at the rate described in section 19) from the date it was paid under that subsection. O. Reg. 317/99, s. 10.
(3) The normal retirement pension of a member who does not pay the entire amount described in subsection (2) shall be determined in accordance with subsections 13 (5.1) and (7.0.1) instead of subsections 13 (4.1), (4.2), (5), (6.1), (6.2) and (7). O. Reg. 317/99, s. 10; O. Reg. 430/00, s. 4.
19.1 (1) This section applies with respect to a member who has a life expectancy of less than 24 months as certified by a physician appointed by the Board and who is entitled to a deferred pension under this Regulation. O. Reg. 591/98, s. 12.
(2) The member may elect to receive in a lump sum the payment described in subsection (3) in satisfaction of all of his or her rights under this Regulation. O. Reg. 591/98, s. 12.
(3) The amount of the payment is the commuted value of the member’s deferred pension less the sum of any benefits paid to the member under this Regulation other than amounts paid under subsections 19 (2) and (2.1). O. Reg. 591/98, s. 12; O. Reg. 317/99, s. 11.
20. (1) Where a member ceases to be an employee of the employer, receives a refund of contributions plus interest from the Fund, commences a grievance or other legal proceeding for wrongful dismissal and, as a result of the grievance or other legal proceeding, is reinstated as an employee of the employer, the member may elect to pay the amount of the refund received together with interest thereon at a rate set by the Board on the advice of its actuary and thereby re-establish credited service for the period of time to which the refund is applicable and the member shall recommence contributing to the Fund from the time of reinstatement as an employee in accordance with subsection 10 (1). R.R.O. 1990, Reg. 890, s. 20 (1).
(1.1) The member is not entitled to make the payment described in subsection (1) unless he or she obtains the prior approval required under the Income Tax Act (Canada) for such a payment. O. Reg. 591/98, s. 13.
(2) If a member ceases to be an employee of the employer and applies for a benefit under this Regulation and the president is aware that the employee has commenced or will be commencing a grievance or other legal proceeding seeking the employee’s reinstatement, the president shall delay the payment of the refund until a decision has been made with respect to the grievance or proceeding as to whether the employee will be reinstated or not. O. Reg. 775/91, s. 18; O. Reg. 783/92, s. 2.
(3) Subsection (2) does not apply if the member transfers directly to the service of another employer which has elected to participate in the System or elects a transfer under subsection 25 (6). O. Reg. 775/91, s. 18.
Adjustment of Pensions Under Payment
21. (1) In this section, the inflation increase for any adjustment year means the percentage increase of the Consumer Price Index for Canada for September of the previous year over the Consumer Price Index for Canada for September of the year which is two years prior to the adjustment year. O. Reg. 775/91, s. 19 (1).
(1.1) The following is the inflation adjustment for the adjustment year indicated:
1. For each adjustment year not otherwise specified in this subsection, 70 per cent of the inflation increase for that year
2. For 1999 and subsequent years, 100 per cent of the inflation increase for the applicable year. O. Reg. 591/98, s. 14 (1); O. Reg. 317/99, s. 12.
(1.2) The inflation adjustment in excess of 6 per cent in any adjustment year shall be added to the inflation adjustment of the subsequent adjustment year. O. Reg. 775/91, s. 19 (1).
(1.3) The inflation adjustment in any adjustment year shall not be less than zero. O. Reg. 775/91, s. 19 (1).
(1.4) Revoked: O. Reg. 591/98, s. 14 (2).
(2) In this section and for the purposes of subsections 14 (7), (8), 16 (6) and (7),
“adjustment year” means a year in which pensions are increased by the inflation adjustment. R.R.O. 1990, Reg. 890, s. 21 (2).
(3) Despite the definition of inflation adjustment, the inflation adjustment for the purposes of subsections 14 (7) and (8) shall equal the lesser of the inflation increase for that year and the percentage increase in the monthly average of the average weekly wages and salaries of the Industrial Aggregate in Canada, as published by Statistics Canada, for the same period as the inflation increase is determined. R.R.O. 1990, Reg. 890, s. 21 (3); O. Reg. 775/91, s. 19 (2).
(4) The year 1992 and subsequent years shall be considered adjustment years. O. Reg. 775/91, s. 19 (3).
(5) The pension payable to a person during his or her lifetime shall be determined in accordance with this Regulation or a predecessor thereof and,
(a) where a pension is payable to a person on the 1st day of December of the year prior to an adjustment year in respect of a pension that was being paid on the 1st day of December of the year which is two years prior to that adjustment year, the pension payable to the person on the 1st day of January of that adjustment year shall be increased by the inflation adjustment; and
(b) where a person started receiving a pension during the period from the 1st day of January to the 1st day of November of the year prior to an adjustment year and it is not a pension payable to the person in respect of a pension that was being paid on the 1st day of December of the year which is two years prior to that adjustment year to a person who dies after that day, the pension payable to the person on the 1st day of January of the adjustment year shall be multiplied by the factor in Column 2 of the Table opposite the pension’s commencement date in Column 1.
TABLE
Column 1 |
Column 2 |
Commencement Date of Pension in the Year Prior to an Adjustment Year |
Factor |
January 1 |
0.9167 |
February 1 |
0.8333 |
March 1 |
0.7500 |
April 1 |
0.6667 |
May 1 |
0.5833 |
June 1 |
0.5000 |
July 1 |
0.4167 |
August 1 |
0.3333 |
September 1 |
0.2500 |
October 1 |
0.1667 |
November 1 |
0.0833 |
R.R.O. 1990, Reg. 890, s. 21 (5); O. Reg. 783/92, s. 11.
(6) In an adjustment year, where a person who would have been entitled to an inflation adjustment under subsection (5) dies before the 1st day of January of that adjustment year, the pension payable in respect of that deceased person to another person or persons on the 1st day of January of that adjustment year shall be increased on that date by the inflation adjustment that would have applied under subsection (5) in respect of the deceased person had he or she not died. R.R.O. 1990, Reg. 890, s. 21 (6).
(7) Revoked: O. Reg. 775/91, s. 19 (4).
22. (1) In this section,
“inflation increase” means the percentage increase of the September, 1997 Consumer Price Index for Canada over,
(a) if a pension was payable on December 1, 1997, the Consumer Price Index for Canada for the month in which the person’s pension commenced,
(b) despite clause (a), if a pension was payable on December 1, 1997 in respect of a deceased person to a spouse or child of that person, the Consumer Price Index for Canada for the earlier of the month in which the spouse’s or child’s pension commenced or the month in which the deceased person’s pension had commenced, as the case may be,
(c) if a member was entitled to a deferred pension on December 1, 1997 under section 16, the Consumer Price Index for Canada for the month in which the member became so entitled, or
(d) if a member was entitled to a disability benefit on December 1, 1997 under subsection 14 (3), the Consumer Price Index for Canada for the month in which the member became so entitled. O. Reg. 422/97, s. 9.
(2) For the purposes of this section, the 1997 inflation catch-up adjustment with respect to any person is 100 per cent of the inflation increase minus the total per cent increase to December 31, 1997 under section 14, 16 or 21 applicable to a pension or deferred pension or in respect of a disability benefit under section 14 payable to that person. O. Reg. 422/97, s. 9.
(3) The 1997 inflation catch-up adjustment shall not be less than zero. O. Reg. 422/97, s. 9.
(4) Despite subsection (1), for the purposes of subsections 14 (9) and (11), the inflation increase shall equal the lesser of the inflation increase under subsection (1) and the percentage increase in the monthly average of the average weekly wages and salaries of the Industrial Aggregate in Canada as published by Statistics Canada, for the same period as the inflation increase under subsection (1). O. Reg. 422/97, s. 9.
(5) The pension payable to a person during his or her lifetime shall be determined in accordance with this Regulation or a predecessor of this Regulation in force at the commencement of the pension to the person and,
(a) if a pension is payable to a person on January 1, 1998, the pension payable on that date shall be increased by the 1997 inflation catch-up adjustment described in subsection (2); and
(b) if a person who would have been entitled to an increase under clause (a) dies before January 1, 1998, the pension payable in respect of that deceased person to another person or persons on January 1, 1998 shall be increased on that date by the 1997 inflation catch-up adjustment that would have applied under clause (a) in respect of the deceased person had he or she not died. O. Reg. 422/97, s. 9.
23. (1) Where, in the case of an employer who has elected to participate in the System,
(a) a member;
(b) a retired employee who was not a member; or
(c) the surviving spouse or child of a person mentioned in clause (a) or (b),
has commenced to receive a pension under section 13, 14, 15, 15.1, 17 or 17.1 or under an approved pension plan, the Board, upon entering into an agreement with the employer and upon receipt of an amount of money sufficient to provide for payment of such additional amount of pension, as the Board upon the advice of the actuary may determine, shall pay the additional amount of pension to such member, retired employee, surviving spouse or child, as the case may be. R.R.O. 1990, Reg. 890, s. 23; O. Reg. 775/91, s. 20 (1); O. Reg. 81/94, s. 3; O. Reg. 75/00, s. 8; O. Reg. 340/05, s. 8.
(2) A pension payable under subsection (1) is subject to the conditions for early retirement pensions and increases to pensions under the Income Tax Act (Canada) and its regulations. O. Reg. 775/91, s. 20 (2).
24. Revoked: O. Reg. 591/98, s. 15.
25. (1) This section applies if a member ceases to be an employee before a pension commences under this Regulation. O. Reg. 594/98, s. 2 (1).
(1.1) Upon the written request of a member, the president shall authorize the transfer of the amount described in subsection (3) from the Fund to any other fund or plan that the member is entitled to join. O. Reg. 594/98, s. 2 (1).
(2) Subsection (1.1) does not apply unless,
(a) the requirements of the Pension Benefits Act and the Income Tax Act (Canada) are satisfied;
(b) the fund or plan to which the transfer is to be made permits the transfer;
(c) the amount transferred is used toward the provision of pensionable service for the member in the fund or plan to which the transfer is to be made;
(d) the pensionable service does not exceed the member’s credited service or, if it does, the amount transferred will be reduced accordingly but to not less than the commuted value of the member’s pension entitlement; and
(e) the fund or plan to which the transfer is to be made provides a reciprocal transfer arrangement. O. Reg. 775/91, s. 21; O. Reg. 591/98, s. 16 (1, 2); O. Reg. 594/98, s. 2 (2).
(2.1) Revoked: O. Reg. 594/98, s. 2 (3).
(2.2) Revoked: O. Reg. 594/98, s. 2 (3).
(3) Subject to subsection (4), the amount to be transferred is the greater of the commuted value or the present value, calculated as of the date of transfer, of the member’s pension entitlement under this Regulation, excluding any pension entitlement under subsections 12 (6), 26 (14) and (16). O. Reg. 594/98, s. 2 (4).
(4) A amount to be transferred shall be reduced by the amount described in subsection (5),
(a) if the present value of the member’s pension entitlement exceeds its commuted value (both as determined for the purposes of subsection (3)); and
(b) if the member has received a refund under subsection 19 (2) and has not repaid it. O. Reg. 594/98, s. 2 (4).
(5) The amount of the reduction is the lesser of,
(a) the amount of the refund under subsection 19 (2) plus interest from the date of payment to the date of the transfer at a rate to be determined by the Board; and
(b) the present value of the pension entitlement less its commuted value (both as determined for the purposes of subsection (3)). O. Reg. 594/98, s. 2 (4).
(6) Revoked: O. Reg. 594/98, s. 2 (4).
(6.1) Revoked: O. Reg. 594/98, s. 2 (4).
(7) Revoked: O. Reg. 594/98, s. 2 (4).
(8) Revoked: O. Reg. 594/98, s. 2 (4).
25.1 (1) A member who is entitled to a deferred pension under section 16 and who is not eligible for an early retirement pension under section 17 may elect, in satisfaction of all rights under this Regulation, to transfer the amount described in subsection (3) to a registered pension plan, a retirement savings arrangement or a provider of a life annuity. O. Reg. 594/98, s. 3.
(2) Subsection (1) does not apply in respect of a pension entitlement under subsections 12 (6), 26 (14) and (16). O. Reg. 594/98, s. 3.
(3) The amount is the commuted value of the deferred pension less the sum of any benefits paid to the member under this Regulation. A payment under subsection 19 (2) or (2.1) is not such a benefit. O. Reg. 594/98, s. 3; O. Reg. 317/99, s. 13.
(4) The transfer must meet the requirements of the Pension Benefits Act and the Income Tax Act (Canada). O. Reg. 594/98, s. 3.
25.2 (1) Upon the written request of a member, the president shall accept a transfer to the Fund of an amount for the member from another pension fund or plan. O. Reg. 594/98, s. 3.
(2) The president shall not accept a transfer to the Fund,
(a) if the transfer would result in a member’s credited service entitlement exceeding the member’s pensionable service under the transferring fund or plan; or
(b) if the transfer does not meet the requirements of the Pension Benefits Act and the Income Tax Act (Canada). O. Reg. 594/98, s. 3.
(3) The amount transferred shall be compared to the present value of a pension under this Regulation, calculated as of the date of transfer, based on credited service equal to the member’s pensionable service in the transferring fund or plan and,
(a) if the amount transferred is equal to the present value, the member shall receive the full credited service entitlement; or
(b) if the amount transferred is less than the present value, the member shall receive a credited service entitlement reduced proportionately. O. Reg. 594/98, s. 3.
(4) If all or part of the amount of the shortfall described in clause (3) (b) is contributed to the Fund within six months after the member is notified of the shortfall, the additional amount contributed shall be taken into account in determining the credited service entitlement the member receives under that clause. O. Reg. 594/98, s. 3.
25.3 (1) The Board may enter into agreements to transfer amounts to or from the Fund in respect of members and former members. O. Reg. 594/98, s. 3.
(2) The Board may enter into such an agreement with only such persons as are authorized for the purpose under a pension or superannuation plan registered under the Income Tax Act (Canada). O. Reg. 594/98, s. 3.
(3) The agreement shall set out the basis for calculating the amount to be transferred from the Fund or the benefits to be granted in respect of amounts transferred to the Fund, as determined by the Board on the advice of the actuary. O. Reg. 594/98, s. 3.
25.4 If, as a result of a transfer under section 25.2 or under an agreement entered into under section 25.3, a past service pension adjustment as defined under the Income Tax Act (Canada) arises in respect of the past service of the member which occurs after 1989, no benefit shall be payable or funded in respect of the past service pension adjustment until it is certified under the Income Tax Act (Canada). O. Reg. 594/98, s. 3.
26. (1) Every employer who has elected to participate in the System may, by by-law or resolution filed with the president, enter into or amend an agreement with the Board for the payment of supplementary benefits from the Fund in respect of all or any class of the employees of the employer, or in respect of councillors of the employer, who are or become members and for this purpose employees to whom a bargaining agreement applies shall constitute a class of employees. R.R.O. 1990, Reg. 890, s. 26 (1); O. Reg. 783/92, s. 2.
(2) An agreement under subsection (1) may also provide for benefits in respect of all or a portion of optional service if the optional service is eligible service under the Income Tax Act (Canada). O. Reg. 591/98, s. 17.
(2.1) Revoked: O. Reg. 591/98, s. 17.
(3) The form and content of a supplementary agreement shall be determined by the Board but in any event each such agreement shall provide that,
(a) the Board, on the advice of the actuary, shall determine the amount of the contributions to be paid to the Fund and the manner of payment of the contributions to provide the supplementary benefits under the agreement; and
(b) section 19 applies to the contribution paid by a member under a supplementary agreement. R.R.O. 1990, Reg. 890, s. 26 (3); O. Reg. 775/91, s. 22 (2).
(4) Where a supplementary agreement in force on the 31st day of December, 1982 provides for a pension benefit of a member to be calculated in the manner as prescribed in section 13 substituting prior service for credited service, the prior service of the member shall be deemed to be credited service. R.R.O. 1990, Reg. 890, s. 26 (4); O. Reg. 775/91, s. 22 (3).
(5) A supplementary agreement in force on the 31st day of December, 1982 that provides a fixed amount of pension benefit payable to the member on the member’s normal retirement date shall be deemed to provide that the fixed amount of pension shall be paid on the same terms and conditions and coincident with the payment of a pension to the member under section 13, 14, 15, 15.1, 16 or 17 and that the fixed amount of such pension may be increased from time to time by the Board on the advice of the actuary. R.R.O. 1990, Reg. 890, s. 26 (5); O. Reg. 775/91, s. 22 (4).
(6) An employer may enter into a supplementary agreement or may amend an agreement referred to in subsection (5) to provide for a full pension benefit or a portion of a pension benefit of a member calculated in the manner as prescribed in section 13 substituting prior service for credited service, and,
(a) if the agreement provides for a full pension benefit, the prior service of the member shall be deemed to be credited service; and
(b) if the agreement provides for a portion of the pension benefit, the portion shall be paid under the same terms and conditions and coincident with the payment of a pension to the member under section 13, 14, 15, 15.1, 16 or 17. R.R.O. 1990, Reg. 890, s. 26 (6); O. Reg. 775/91, s. 22 (5).
(7) A supplementary agreement in force on the 31st day of December, 1982 shall be deemed to be amended as of the 1st day of January, 1983, until such time as it is amended in fact, to accord with the form and content of such agreement as determined by the Board under subsection (3). R.R.O. 1990, Reg. 890, s. 26 (7).
(8) An early retirement pension shall be payable to a member under a supplementary agreement only if the member is declared by the employer to be unable to perform the duties of his or her employment due to mental or physical incapacity, and only to the extent that the pension exceeds any amount payable to the member under section 17. O. Reg. 783/92, s. 13 (2).
(8.1) A pension payable to a member under subsection (8) is subject to the conditions for early retirement pensions under the Income Tax Act (Canada) and its regulations. O. Reg. 775/91, s. 22 (7).
(9) Revoked: O. Reg. 775/91, s. 22 (8).
(10) Revoked: O. Reg. 775/91, s. 22 (8).
(11) Where optional service is provided for under a supplementary agreement a member may establish credit for any or all such service if the member elects to purchase it and pays to the Board the cost of the service on terms satisfactory to the employer and the Board. R.R.O. 1990, Reg. 890, s. 26 (11).
(12) For the purposes of subsection (11), the cost of the service for which credit is established shall be,
(a) for a member whose normal retirement age is sixty-five years, 11 per cent; or
(b) for a member whose normal retirement age is sixty years, 13 per cent,
of the annual rate of salary authorized to be paid to the member,
(c) if the member’s election is made within one year from the date the member becomes entitled to elect under the agreement, on the most recent date on which the member became employed by the employer; or
(d) if the member’s election is made after one year from the date the member becomes entitled to do so under the agreement, at the time the member makes the election,
multiplied by the member’s years or part years of optional service together with interest as determined by the Board on the advice of the actuary on the amount so calculated, compounded annually from the most recent date on which the member became employed by the employer to the first day of the year in which the member becomes entitled to make an election for optional service. R.R.O. 1990, Reg. 890, s. 26 (12).
(12.1) Despite subsection (12) and for the purposes of subsection (11), the cost of a benefit provided in respect of optional service pursuant to agreements entered into or amended on or after the 1st day of January, 1992 shall equal the present value of that benefit. O. Reg. 783/92, s. 13 (3).
(12.2) The cost of a benefit established under subsection (12.1) shall be paid to the Fund by a member or by an employer and may be shared by them in such manner as they may agree. O. Reg. 783/92, s. 13 (3).
(13) Where a member entitled to receive a supplementary benefit under subsection (2), (4) or (6) in respect of prior service is entitled to receive a pension benefit under a previous pension plan or fund in respect of the same period of service, the annual amount of the pension benefit under the previous pension plan or fund, as established on the later of the 31st day of December, 1982 or the effective date of an agreement under subsection (1), shall be deducted from any supplementary benefit payable under those subsections and, in the case of optional service, a reduction shall be made in the amount payable by the member under subsection (11) of an amount determined to be appropriate by the Board on the advice of the actuary. R.R.O. 1990, Reg. 890, s. 26 (13).
(14) Member contributions towards the provision of a benefit under subsection (8) shall cease to be made to the Fund under a supplementary agreement as of the 31st day of December, 1982 and the amount of accumulated contributions of a member plus interest thereon at a rate determined by the Board shall be placed to the credit of the member in the Fund to provide a benefit to be determined by the Board on the advice of the actuary to be paid to or in respect of the member in addition to and under the same terms and conditions as any other benefit payable to or in respect of the member under this Regulation, provided however that, on or after a date to be designated by the Board, the member may elect to revoke the member’s credit in the Fund and have the amount of the credit transferred to a registered retirement savings plan of the member. R.R.O. 1990, Reg. 890, s. 26 (14).
(15) Revoked: O. Reg. 775/91, s. 22 (10).
(16) Member contributions that remain in the Fund as a result of the elimination of supplementary benefits that were duplicated by benefits otherwise payable under this Regulation with effect from the 1st day of January, 1978, plus interest calculated in accordance with section 19, shall be retained to provide a benefit to be determined by the Board on the advice of the actuary to be paid to or in respect of the member in addition to and under the same terms and conditions as any other benefit payable to or in respect of the member under this Regulation and the Board may increase such benefit from time to time on the advice of the actuary. R.R.O. 1990, Reg. 890, s. 26 (16).
(17) Despite this section, in the event that employees of an employer who were members of an approved pension plan become members of the System on or after the 1st day of January, 1990, the employer may enter into an agreement with the Board under subsection (1) to continue to provide to the employees any benefits to which they were entitled under the approved pension plan but which are not provided under this Regulation. O. Reg. 775/91, s. 22 (11).
(18) Despite anything in this section, no benefit shall be payable or funded in respect of a member’s prior or optional service which occurs after 1989 until certification of the member’s past service pension adjustment under the Income Tax Act (Canada). O. Reg. 783/92, s. 13 (4).
26.1 (1) Despite section 26, a member may elect to purchase a benefit in respect of the following, subject to any conditions determined by the Board on the advice of the actuary:
1. All or part of the member’s prior service.
2. All or part of the member’s optional service that is eligible service under the Income Tax Act (Canada). O. Reg. 591/98, s. 18.
(2) Revoked: O. Reg. 591/98, s. 18.
(3) For the purposes of subsection (1), the cost of a benefit provided in respect of prior service or optional service shall equal the present value of that benefit. O. Reg. 775/91, s. 23.
(4) If a member who has elected to purchase a benefit under subsection (1) is entitled to receive a benefit under a previous pension plan or fund in respect of the same period of service, the annual amount of the benefit under the previous pension plan or fund, as established on the date of election to purchase a benefit under subsection (1), shall be deducted from any benefit payable under this Regulation in respect of the period of prior service or optional service and the cost of the benefit under subsection (2) shall be reduced accordingly. O. Reg. 775/91, s. 23.
(5) If a member who has elected to purchase a benefit under subsection (1) is entitled to receive a benefit under section 26 in respect of the same period of service,
(a) for the purposes of determining the benefit cost under subsection (3), the annual amount of benefit payable under section 26, as established on the date of election to purchase a benefit under subsection (1), shall be deducted from any benefit payable under this Regulation in respect of the period of prior service or optional service; and
(b) when a benefit becomes payable under this Regulation in respect of the period of prior service or optional service, the annual amount of benefit payable under section 26 shall be deducted from the benefit purchased under subsection (1). O. Reg. 775/91, s. 23; O. Reg. 783/92, s. 14 (1).
(6) Any benefit purchased under subsection (1) is an increase to the pension payable under section 13 up to the maximum allowed under that section. O. Reg. 775/91, s. 23.
(7) Despite subsection 10 (4), if any employer provides a benefit under section 26 in respect of the same period of service for which a member has purchased a benefit under subsection (1), any contributions made by the member under this section to purchase a benefit in respect of that period of service shall be refunded to the member, together with interest at the rate established in subsection 19 (3). O. Reg. 775/91, s. 23; O. Reg. 783/92, s. 14 (2).
(8) Despite anything in this section, no benefit shall be payable or funded in respect of a member’s prior or optional service which occurs after 1989 until certification of the member’s past service pension adjustment under the Income Tax Act (Canada). O. Reg. 783/92, s. 14 (3).
26.2 (1) In the circumstances described in subsection (2), an employer may enter into a supplementary agreement with the Board under subsection 26 (1) to provide immediate early retirement pensions to members. O. Reg. 221/93, s. 1.
(2) The employer must have approved, by resolution, a downsizing program that meets the following requirements:
1. It was introduced as a result of financial pressures or constraints.
2. It aims to reduce the financial obligations of the employer by reducing the number of employees or the number of hours worked by employees.
3. It includes early retirement guidelines and a restructuring plan setting out the manner in which the employer intends to carry out the downsizing. O. Reg. 221/93, s. 1.
(3) The supplementary agreement must provide for an eligibility period during which eligible members may elect to receive an immediate early retirement pension under the agreement. O. Reg. 221/93, s. 1.
(4) An eligibility period commencing before March 29, 1996 must expire not later than two years after the supplementary agreement comes into force. O. Reg. 109/96, s. 2 (1).
(4.1) An eligibility period commencing on or after March 29, 1996 must expire not later than one year after the supplementary agreement comes into force. O. Reg. 109/96, s. 2 (1).
(5) The supplementary agreement may provide for a reduction in pension in the manner provided in subsection 17 (7), with necessary modifications. O. Reg. 221/93, s. 1; O. Reg. 81/94, s. 4.
(6) Subsections 17 (2) and 26 (8) do not apply with respect to an immediate early retirement pension payable under the supplementary agreement. O. Reg. 221/93, s. 1.
(7) An employer is not eligible to enter into a supplementary agreement described in this section after the 31st day of March, 1999. O. Reg. 221/93, s. 1; O. Reg. 109/96, s. 2 (2).
Note: Section 26.2, as it read on March 28, 1996, continues to apply to supplementary agreements entered into on or before March 31, 1995. See O. Reg. 109/96, s. 3.
26.3 (1) Every member is entitled to supplementary benefits in respect of the amounts, if any, calculated as a normal retirement pension for the member under section 13, that would exceed the limit provided under subsection 13 (8). O. Reg. 81/94, s. 5.
(1.1) Supplementary benefits are payable to members who are employed by an employer after December 31, 1992. O. Reg. 591/98, s. 19.
(1.2) Supplementary benefits are payable in respect of a member’s credited service after December 31, 1992, other than credited service that accrues under subsection 10 (8), 25 (3), 26(2) or section 26.1. O. Reg. 591/98, s. 19.
(1.3) Supplementary benefits are payable in respect of credited service during 1992 (other than credited service that accrues under subsection 10 (8), 25 (3) or 26 (2) or section 26.1) of a member employed by an employer after December 31, 1992, to the extent that the member purchases supplementary benefits for that service. Such a purchase is subject to any conditions determined by the Board on the advice of the actuary. O. Reg. 591/98, s. 19.
(1.4) The supplementary benefits are subject to the same terms and conditions as pension benefits provided under this Regulation, but subsections 13 (8) and 19 (1) do not apply with respect to the supplementary benefits. O. Reg. 591/98, s. 19.
(2) Supplementary benefits provided under subsection (1) shall be funded through a retirement compensation arrangement under the Income Tax Act (Canada). O. Reg. 81/94, s. 5.
(3) The Board, on the advice of the actuary, shall determine the amount of the contributions to be paid to the Fund and the manner of payment of contributions to provide the supplementary benefits. O. Reg. 81/94, s. 5.
27. The president may from time to time require such proof of the age, retirement, employment, marital status and death of a member or of a member’s surviving spouse or children and such proof of the identity of any person as is necessary for the purposes of making a determination under clauses 4 (1) (e), (f) and (h). O. Reg. 75/00, s. 9; O. Reg. 340/05, s. 9.
28. Every member, by filing a notice with the president, may designate a person as the member’s beneficiary to receive such sums of money as may become payable to the member’s beneficiary under this Regulation and may revoke any such notice and designate another person as the member’s beneficiary. R.R.O. 1990, Reg. 890, s. 28; O. Reg. 783/92, s. 2.
29. (1) In the event that surplus is paid from the Fund, whether the Fund continues to operate or is wholly or partially wound up within the meaning of the Pension Benefits Act, the surplus withdrawal shall be shared half by members who are employees and half by employers that have elected to participate in the System under section 7. O. Reg. 775/91, s. 23.
(2) The share of the surplus withdrawal referred to in subsection (1) that is attributable to members shall be distributed among them in proportion to the total contributions made by each of them under sections 10, 26 and 26.1, plus interest. O. Reg. 775/91, s. 23.
(3) The share of the surplus withdrawal referred to in subsection (1) that is attributable to employers shall be distributed among them in proportion to the aggregate of the amounts distributable to the employees of each employer. O. Reg. 775/91, s. 23.
30. (1) If the Fund is wound up within the meaning of the Pension Benefits Act, the assets of the Fund shall be used to meet the accrued benefit entitlements of members, former members and any other persons entitled to a benefit under this Regulation in respect of a member or former member before any other distribution is made. O. Reg. 775/91, s. 23.
(2) If the assets of the Fund are insufficient to secure the benefit entitlements in subsection (1), the pension benefits and other benefits shall be reduced in the manner prescribed under the Pension Benefits Act. O. Reg. 775/91, s. 23.
31. Revoked: O. Reg. 591/98, s. 20.