Order in Council 516/2017

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas in its response to the First Case Management Masters Remuneration Commission, the Government decided to establish a non-registered supplemental pension plan to provide additional benefits to Case Management Masters in addition to those provided by the Public Service Pension Plan (PSPP) set out in Schedule 1 under the Public Service Pension Act, R.S.O. 1990, Chapter P.48 (PSPA);

And whereas the Government determined that the Case Management Masters Supplemental Pension Plan established under Order in Council O.C. 515/2017 dated March 8, 2017 (“CMM Supplemental Plan”) should allow for the accrual of pension credit until age 75 subject to the necessary waiver being obtained under the federal Income Tax Act;

Therefore pursuant to Section 6 of the PSPA, the PSPP set out in Schedule 1 under that Act be amended as follows:

1. Section 3 is amended by renumbering the current section as 3(1) and adding the sub-heading “Termination of membership” before it and adding the following as subsection 3(2):

Non-application of paragraph 3(1)(d)

2. Paragraph 3 (1)(d) does not apply to Justices of the Peace who are making contributions to the Supplemental Pension Plan for Justices of the Peace or to Case Management Masters who are making contributions to the CMM Supplemental Plan.

2. Section 6 is amended by adding the following as subsection (5.1)

When no contributions permitted

1. 1. A member who is covered by a waiver under subsections 15 (6) or (7) shall cease to contribute to the Fund upon reaching the maximum age for contributors to a pension fund or plan specified under the provisions of the Income Tax Act (Canada) or any regulations under that Act.

3. Section 15 is amended by deleting the phrase “Despite subsection (5), and” at the beginning of subsection (6) and by adding the following as subsection 15(7):

7. Where the following conditions are met, payment of a pension to which a Case Management Master is entitled shall commence to be paid on the earlier of the month following the month in which (i) the member ceases to hold office as a Case Management Master under the Courts of Justice Act, or (ii) the member attains age 75:
   1. a waiver is obtained under the Income Tax Act (Canada) (“ITA”) or any regulations under the ITA, that has the effect of permitting the member to delay the start of the member’s pension under the PSPP beyond the maximum age for contributions set out in the ITA, subject to the terms of such waiver, including any requirement for the member’s pension to not be adjusted under the PSPP for the period of delay; and
   2. the waiver described in clause (a) remains in effect and has not been withdrawn.