O. Reg. 75/00: GENERAL

 

ONTARIO REGULATION 75/00

made under the

Ontario Municipal Employees Retirement System Act

Made: February 2, 2000
Filed: February 7, 2000

Amending Reg. 890 of R.R.O. 1990

(General)

Note: Since the end of 1998, Regulation 890 has been amended by Ontario Regulations 317/99 and 633/99.  Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. Clause 4 (1) (h) of Regulation 890 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(h) may, for the purposes of this Regulation, determine the individual who is the widow, widower or surviving same–sex partner of a member; and

2. Clause 14 (8) (c) of the regulation is revoked and the following substituted:

(c) the member’s spouse, same–sex partner or children are entitled to a pension in respect of the deceased member,

. . . . .

3. (1) Subsection 15 (1) of the Regulation is revoked and the following substituted:

(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 widow, widower or surviving same–sex partner if the member and the member’s widow, widower or surviving same–sex partner were not living separate and apart on the date of the member’s death; or

(b) to each dependent child of the deceased member if,

(i) at the death of the member there is no widow, widower or surviving same–sex partner entitled to receive a pension under this section,

(ii) the widow, widower or surviving same–sex partner is not entitled to receive or to continue to receive a pension under this section by virtue of subsection 15.2 (9), or

(iii) the widow, widower or surviving same–sex partner of the member who is entitled to a pension under this section has died.

(2) Clause 15 (2) (a) of the Regulation is amended by striking out “to a widow or widower” at the beginning and substituting “to a widow, widower or surviving same–sex partner”.

(3) Subclause 15 (2) (b) (ii) of the Regulation is amended by striking out “if the widow or widower” at the beginning and substituting “if the widow, widower or surviving same–sex partner”.

(4) Subsection 15 (6) of the Regulation is amended by striking out “A widow or widower” at the beginning and substituting “A widow, widower or surviving same–sex partner”.

(5) Subsection 15 (7) of the Regulation is amended by striking out “A widow or widower” at the beginning and substituting “A widow, widower or surviving same–sex partner”.

(6) Subsection 15 (8) of the Regulation is amended by striking out “widow, widower or child” and substituting “widow, widower, surviving same–sex partner or child”.

(7) Subsection 15 (9) of the Regulation is amended by striking out “there is no widow or widower” and substituting “there is no widow, widower or surviving same–sex partner”.

(8) Subsection 15 (10) of the Regulation is amended by striking out “to a widow, widower or children” and substituting “to a widow, widower, surviving same–sex partner or children”.

4. (1) Subsection 15.1 (1) of the Regulation is revoked and the following substituted:

(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 widow, widower or surviving same–sex partner of the member; or

(b) to each dependent child of the deceased member if,

(i) at the death of the member there is no widow, widower or surviving same–sex partner of the member entitled to receive a pension under this section,

(ii) the widow, widower or surviving same–sex partner of the member is not entitled to receive or continue to receive a pension under this section by virtue of subsection 15.2 (9), or

(iii) the widow, widower or surviving same–sex partner of the member who was entitled to a pension under this section has died.

(2) Subsection 15.1 (2) of the Regulation is amended by striking out “payable to a widow or widower” in the portion before clause (a) and substituting “payable to a widow, widower or surviving same–sex partner”.

(3) Clause 15.1 (3) (b) of the Regulation is revoked and the following substituted:

(b) if the widow, widower or surviving same–sex partner was receiving a pension immediately before her or his death, the pension the widow, widower or surviving same–sex partner was receiving excluding any adjustment in respect of a dependent child of the member,

. . . . .

(4) Subsection 15.1 (5) of the Regulation is amended by striking out “to a widow, widower or child” and substituting “to a widow, widower, surviving same–sex partner or child”.

(5) Subsection 15.1 (8) of the Regulation is revoked and the following substituted:

(8) Any pension payable to an eligible widow, widower or surviving same–sex partner shall be reduced by an amount equal to any other benefit paid to that person under this Regulation in respect of the member.

5. (1) Clause 15.2 (1) (a) of the Regulation is revoked and the following substituted:

(a) to a widow, widower or surviving same–sex partner until her or his death; or

(2) Subsection 15.2 (4) of the Regulation is amended by striking out “the widow or widower” wherever it occurs and substituting in each case “the widow, widower or surviving same–sex partner”.

(3) Subsections 15.2 (7) and (8) of the Regulation are amended by striking out “widow, widower, child or beneficiary” wherever it occurs and substituting in each case “widow, widower, surviving same–sex partner, child or beneficiary”.

(4) Subsection 15.2 (9) of the Regulation is amended by striking out “widow or widower” wherever it occurs and substituting in each case “widow, widower or surviving same–sex partner”.

6. Clause 16 (7) (b) of the Regulation is revoked and the following substituted:

(b) the member’s spouse, same–sex partner or children are entitled to a pension in respect of the deceased member,

. . . . .

7. Subsection 18 (4) of the Regulation is amended by striking out “the widow or widower or child” and substituting “the widow, widower, surviving same–sex partner or child”.

8. Subsection 23 (1) of the Regulation is amended by striking out “widow, widower or child” wherever it occurs and substituting in each case “widow, widower, surviving same–sex partner or child”.

9. Section 27 of the Regulation is revoked and the following substituted:

Proof of Age, Etc.

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 widow, widower, surviving same–sex partner 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).

10. This Regulation comes into force on the day section 49 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.