O. Reg. 340/05: GENERAL

 

ontario regulation 340/05

made under the

ontario municipal employees retirement system act

Made: June 1, 2005
Filed: June 13, 2005
Printed in The Ontario Gazette: July 2, 2005

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

(General)

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 surviving spouse of a member; and

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

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

. . . . .

(2) Subsection 14 (11) of the Regulation is amended by striking out “the member’s spouse or children” and substituting “the member’s surviving spouse or children”.

3. (1) The heading preceding section 15 of the Regulation is revoked and the following substituted:

Pensions to Surviving Spouses or Children

(2) Clauses 15 (1) (a) and (b) of the Regulation are revoked and the following substituted:

(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.

(3) Clause 15 (2) (a) of the Regulation is amended by striking out “a widow, widower or surviving same-sex partner” in the portion before subclause (i) and substituting “a surviving spouse”.

(4) Subclause 15 (2) (b) (ii) of the Regulation is amended by striking out “the widow, widower or surviving same-sex partner” and substituting “the surviving spouse”.

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

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

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

(8) Subsection 15 (9) of the Regulation is amended by striking out “widow, widower or surviving same-sex partner” and substituting “surviving spouse”.

(9) Subsection 15 (10) of the Regulation is amended by striking out “a widow, widower or surviving same-sex partner” and substituting “a surviving spouse”.

4. (1) Clauses 15.1 (1) (a) and (b) of the Regulation are revoked and the following substituted:

(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.

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

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

(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,

. . . . .

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

(5) Subsections 15.1 (6) and (7) of the Regulation are revoked and the following substituted:

(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.

(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.

(6) Subsection 15.1 (8) of the Regulation is amended by striking out “an eligible widow, widower or surviving same-sex partner” and substituting “an eligible surviving spouse”.

(7) Subsection 15.1 (9) of the Regulation is amended by striking out “the widow or widower” and substituting “an eligible surviving spouse”.

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

(a) to a surviving spouse until his or her death; or

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

(3) Subsection 15.2 (7) of the Regulation is amended,

(a) by striking out “a widow, widower, surviving same-sex partner” and substituting “a surviving spouse”; and

(b) by striking out “the widow, widower, surviving same-sex partner” and substituting “the surviving spouse”.

(4) Subsection 15.2 (8) of the Regulation is amended,

(a) by striking out “a widow, widower, surviving same-sex partner” and substituting “a surviving spouse”; and

(b) by striking out “the widow, widower, surviving same-sex partner” and substituting “the surviving spouse”.

(5) Subsection 15.2 (9) of the Regulation is amended by striking out “a widow, widower or surviving same-sex partner” wherever it occurs in the portion before clause (a) and substituting “a surviving spouse”.

(6) Subsection 15.2 (11) of the Regulation is amended by striking out “any widow or widower” and substituting “a surviving spouse”.

(7) Subsection 15.2 (12) of the Regulation is amended by striking out “the widow or widower” and substituting “the surviving spouse”.

(8) Subsection 15.2 (13) of the Regulation is amended by striking out “the widow or widower” wherever it occurs and substituting in each case “the surviving spouse”.

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

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

. . . . .

(2) Subsection 16 (9) of the Regulation is amended by striking out “the member’s spouse” and substituting “the member’s surviving spouse”.

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

8. (1) Clause 23 (1) (c) of the Regulation is revoked and the following substituted:

(c) the surviving spouse or child of a person mentioned in clause (a) or (b),

. . . . .

(2) Subsection 23 (1) of the Regulation is amended by striking out “widow, widower, surviving same-sex partner” in the portion after clause (c) and substituting “surviving spouse”.

9. Section 27 of the Regulation is amended by striking out “a member’s widow, widower, surviving same-sex partner” and substituting “a member’s surviving spouse”.

10. This Regulation comes into force on the day subsection 56 (3) of the Spousal Relationships Statute Law Amendment Act, 2005 comes into force.