Order in Council 517/2017

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 pension 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 Case Management Masters Supplemental Pension Plan (“CMM Supplemental Plan”) has been established by Order in Council O.C. 515/2017 dated March 8, 2017;

And Whereas the Public Service Supplementary Benefits Account (PSSBA) exists for PSPP members whose salaries are above a certain threshold to provide pension benefits in excess of those permitted for registered pension plans under the federal Income Tax Act and Regulations (ITAR);

And Whereas the PSSBA has been established under Order in Council 2779/94 as amended by Order in Council 2306/97 and continued on the terms and conditions set out in Order in Council 3044/98 as amended by Order in in Council 1905/2009;

And Whereas Case Management Masters are currently included in the PSSBA;

And Whereas the Lieutenant Governor in Counsel considers it necessary and advisable to streamline the pension benefits for Case Management Masters that exceed the limits for registered pension plans under the ITAR into one new CMM Supplemental Plan, and to amend the terms of Order in Council 3044/98 accordingly;

Therefore pursuant to Section 6.01 of the PSPA, Order in Council 3044/98, as amended,

be further amended as follows:

1. Section 1 is amended by adding following definition:
   • “CMM Supplemental Account” means the Supplemental Pension Account for Case Management Masters established within the Consolidated Revenue Fund in accordance with Order in Council O.C. 515/2017 dated March 8, 2017 and Schedule 1 thereto.”
2. Section 2 is amended by adding the number “,10.1” after the number 5 in the opening paragraph.
3. Section 9 is amended by deleting the words “section 10” and replacing them with “sections 10 and 10.1”
4. The following is added as Section 10.1 immediately after Section 10:
   1. 1. A member who is a Case Management Master shall not pay any contributions into the Account under Section 9 in respect of service as a Case Management Master and shall not be entitled to any supplementary benefit under Section 2 in respect of such service.
5. Section 14 is amended by deleting clause (a) and replacing it with the following:
   1. the amount by which contributions to the Fund are reduced under subsection 7(1b) of the Plan except in respect of service as a Case Management Master or the amount by which contributions to the Fund are transferred under subsection 7(1c) of the Plan.
6. The following Sections 21 and 22 are added immediately after Section 20:
   21. Transition – Transfer to Account from PSSBA
       • Effective March 8, 2017, the portion of the amount required to fund the supplemental benefits in the CMM Supplemental Plan that would have otherwise been provided under this Supplementary Plan in respect of service as a Case Management Master for members, former members and beneficiaries as at December 31, 2016, determined by the actuary retained under Section 11.3 of the CMM Supplemental Plan, shall be transferred from the Account to the CMM Supplemental Account.
   22. Same, Case Management Masters Who Retired On or After April 1, 2011
       • For clarity, the transfer rule under Section 21 applies in respect of a former member who was a Case Management Master and ceased to hold office on or after April 1, 2011 but before March 8, 2017 and the pension payable from the Account to the Case Management Master in respect of such service shall cease effective March 8, 2017.