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 an Account is continued in the Consolidated Revenue Fund as the Public Service Supplementary Benefits Account under Order in Council O.C. 3044/98 dated December 16, 1998 (PSSBA OIC); and

Whereas the provisions of the PSSBA OIC have been amended from time to time; and

Whereas consolidating the terms of the original PSSBA OIC and subsequent amendments into one order in council will promote greater transparency for affected individuals and improve the ease of administration for government,

Now therefore pursuant to Section 6.01 of the Public Service Pension Act, sections 1 through 20 inclusive of the PSSBA OIC as well as Orders in Council O.C. 1905/2009 dated November 25, 2009, O.C.  517/2017 dated March 8, 2017, O.C. 2238/2017 dated November 15, 2017 and O.C. 610/2018 dated March 21, 2018 are all revoked and replaced with the following sections 1 through 28 of this Order, effective the date of this Order is made. 

Definitions

  1. In this Order,
    "Account"
    means the Public Service Supplementary Benefits Account continued under this Order;
    "Act"
    means the Public Service Pension Act;
    "administrator"
    means a person with whom the Minister has entered into an agreement to administer the Supplementary Plan;
    "annual salary rate"
    has the same meaning as in section 1 of the Plan;
    "Board"
    means the Ontario Public Service Pension Board established under the Plan;
    "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;
    "deferred pensioner"
    is a former member of the Plan, who is entitled to a Pension under subsection 16(1) or 16(3) of the Plan;
    "employer"
    has the same meaning as in section 1 of the Plan;
    "excess refund"
    means the amount by which the portion of the payment, if any, made to a former member of the Plan under subsection 13(15) of the Plan with respect to the period after December 31, 1991 exceeds the amount that would have been payable to the former member under subsection 13(15) of the Plan for the same period, if the contributions included contributions made under clause 6(a) and section 11 and the commuted value included the commuted value of any benefits accrued under the Supplementary Plan;
    "former member"
    has the same meaning as in section 1 of the Plan;
    "Fund"
    means the Public Service Pension Fund in the Plan;
    "maximum contributory salary rate"
    for the year is the annual salary rate for which the member's contributions calculated under section 6 of the Plan would equal the maximum contribution limit for the year as specified under the Income Tax Act (Canada) or the Regulations under that Act.
    "member"
    has the same meaning as in section 1 of the Plan;
    "Minister"
    has the same meaning as in Section 1 of the Plan;
    "ONTC Supplemental Member"
    means a member who is or was an employee of the Ontario Northland transportation Commission (ONTC) or the Owen Sound Transportation Company Limited (OSTC) and who, as of April 30, 2018, has accrued credit in the pension plan known as The Contributory Pension Plan of the Ontario Northland Transportation Commission on November 1, 1922, which pension plan has been amended and restated effective April 30, 1939, December 31, 1972, January 1, 1988, January 1, 1992, January 1, 2006 and which pension plan has most recently been amended by the amendment dated February 4, 2016 and approved by Order in Council O.C. 610/2016 dated April 20, 2016, registration number 0355164 (ONTC Plan) and who joined the Public Service Pension Plan effective May 1, 2018;
    "OPSEU Pension Plan"
    means the OPSEU Pension Plan created pursuant to the Sponsorship Agreement, dated April 18, 1994, between the Crown and the Ontario Public Service Employees' Union;
    "Pension"
    means a pension calculated in accordance with the Plan then in force;
    "Plan"
    means the Public Service Pension Plan as set out in Schedule 1 of the Act;
    "special member"
    is a person belonging to one of the following classes of members:
    1. employees of the Ontario Teachers' Pension Plan Board, and
    2. persons appointed as members of the Ontario Securities Commission and designated as eligible to be members of the Public Service Pension Plan;
    "supplementary benefit"
    means the aggregate payments or payment, made periodically or at one time from the Account as part of the Supplementary Plan;
    "Supplementary Plan"
    means the payments from, contributions to, and the terms and conditions placed upon, the Account by this Order;
    "TVO Supplemental Member"
    means a member who is or was an employee of the Ontario Educational Communications Authority established under the Ontario Educational Communications Authority Act (TVO) and who, as of December 31, 2017, was a Member of The Ontario Educational Communications Authority Supplemental Executive Retirement Plan, amended and restated as at July 1, 2012 (“Supplemental Plan”) and who joined the Public Service Pension Plan effective January 1, 2018.
  2. The Account continued in the Consolidated Revenue Fund as the Public Service Supplementary Benefits Account under Order in Council O.C. 3044/98 dated December 16, 1998 as amended is hereby continued.
  3. Subject to sections 4, 6, 7, 13, 14, 15, and 25, a supplementary benefit from the Account will be paid to or in respect of a former member of the Plan who has complied with the requirements in sections 10 and 11 in an amount equal to the amount by which,
    1. the pension that would have been payable to or in respect of the former member if the pension were determined without reference to clause 40(2)(d) of the Plan exceeds
    2. the Pension paid to or in respect of the former member.
  4. For the purpose of calculating the supplementary benefit payable under section 3, the pension described in clause 3(a) that would have been payable if determined without reference to clause 40(2)(d) of the Plan and the Pension paid in clause 3(b) shall not include any credit in the Plan for the period after December 31, 1991,
    1. that is purchased for that period in any case where the member has paid the amount specified under subsection 11(2) of the Plan,
    2. that is transferred into the Plan for that period pursuant to a written agreement described in subsections 36(1) and (2) of the Plan, or
    3. that is transferred into the Plan for that period under Section 36.3 of the Plan unless the credit relates to a TVO Supplemental Member’s service prior to January 1, 2018 and has been determined by an actuary who is employed or retained by the Crown to be included in the calculation of the supplementary benefit under Section 3 in order to reflect the value of credit that accrued in the Supplemental Plan in respect of the TVO Supplemental Member prior January 1, 2018.
  5. For the purpose of calculating the supplementary benefit payable under section 3, the pension described in clause 3(a) that would have been payable if determined without reference to clause 40(2)(d) of the Plan and the Pension paid in clause 3(b) shall include the credit that is transferred into the Plan under Section 36.4 of the Plan.
  6. The annual salary rate of a member or deferred pensioner for any month in the period after December 31, 1991 and before January 1, 1998 used to determine the average annual salary to compute the pension described in clause 3(a) that would have been payable if determined without reference to clause 40(2)(d) of the Plan shall not exceed the maximum contributory salary rate,
    1. unless the member or deferred pensioner pays, or has paid, into the Account an amount equal to any contributions that the member or deferred pensioner would have paid for that period to the Fund but for the application of the maximum contribution limit under the Income Tax Act (Canada) or the Regulations under that Act, and
    2. the member or deferred pensioner makes the payment referred to in clause (a) no later than 6 months after he or she is informed of his or her option to make such payment into the Account.
  7. The annual salary rate of a member or former member for any month after December 31, 1991 used to determine the average annual salary to compute the pension described in clause 3(a) that would have been payable if determined without reference to clause 40(2)(d) of the Plan shall not exceed the maximum contributory salary rate, while the member or former member was a special member.
  8. All conditions, terms and rules that apply and options that are available under the Plan for the payment, eligibility and entitlement of a Pension or other payment apply to the payment, entitlement and eligibility for supplementary benefits under this Order, except for any modifications necessary because of the existence of this Order.
  9. No payment shall be made for any supplementary benefits from the Consolidated Revenue Fund other than from the Account and no payment from the Account shall be otherwise than for supplementary benefits provided in this Order, and no person is entitled to receive any benefit from the Account which is in excess of, or in addition to, the supplementary benefit provided for in this Order.
  10. The member or former member shall, as a condition for qualifying for the supplementary benefit under section 3,
    1. where the supplementary benefit is payable in periodic amounts, request the Board, in writing, to pay to the Account a portion equal to the excess refund from any amount payable to him or her under subsection 13(15) of the Plan excluding any taxes withheld on the excess refund portion; and
    2. where the supplementary benefit is payable in a lump sum, be deemed to have consented to the reduction of the supplementary benefit by an amount equal to the excess refund.
  11. Subject to sections 12, 13, 14 and 15 and commencing on January 1, 1998
    1. the member shall pay into the Account:
      1. any and all contributions that would have been paid into the Fund under section 6 of the Plan but for the application of the maximum contribution limit under the Income Tax Act (Canada) and the Regulations under that Act; and
      2. any and all contributions or payments that would have been paid into the Fund under sections 8 or 11 of the Plan but for the application of subsection 8(6.1) or 11(3.1) of the Plan; and
    2. the member's employer shall contribute to the Account on behalf of the member any and all amounts that would have been paid to the Fund under section 10 and 10.1 of the Plan but for the application of subsections 10(5.1) and 10.1(8) respectively of the Plan.
  12. Section 11 does not apply with respect to special members.
  13. A member who is a Case Management Master shall not pay any contributions into the Account under Section 11 in respect of service as a Case Management Master and shall not be entitled to any supplementary benefit under Section 3 in respect of such service.
  14. Despite sections 6 and 11 of this Order, if assets are transferred into the Plan pursuant to Section 36.3 of the Plan the following rules apply for a TVO Supplemental Member:
    1. TVO shall transfer into the Account an amount that is determined by an actuary who is employed or retained by the Crown to be equal to the value of the pension benefits that will become payable collectively to all of the TVO Supplemental Members in accordance with Section 3 of this Order in respect of service prior to January 1, 2018; and
    2. Upon completion of the transfer described in clause (a), each TVO Supplemental Member shall be deemed to have met the requirements for member contributions under sections 6 and 11 of this Order for the amount of credit that is determined by an actuary who is employed or retained by the Crown pursuant to clause 4(c) to be included in the calculation of the supplementary benefit under Section 3 in respect of service before January 1, 2018.
  15. Despite sections 6 and 11 of this Order, if assets are transferred into the Plan pursuant to Section 36.4 of the Plan, the following rules apply for an ONTC Supplemental Member:
    1. The ONTC shall transfer into the Account an amount that is determined by an actuary who is employed or retained by the Crown to be equal to the value of the pension benefits that are or will become payable collectively to all of the ONTC Supplemental Members in accordance with Section 3 of this Order for the credit each member accrued in the ONTC Plan in respect of service prior to May 1, 2018; and
    2. Upon the completion of the transfer described in clause (a), each ONTC Supplemental Member shall be deemed to have met the requirements for member contributions under sections 6 and 11 of this Order for the credit described in Section 5 of this Order that each member accrued in the ONTC Plan in respect of service before May 1, 2018.
    3. Former ONTC/OSTC employees and their beneficiaries who are entitled to a deferred pension or other payment or who commence receipt of a pension or other payment under the ONTC's Supplemental Employee Retirement Plan (SERP) prior to the date on which the Superintendent of Financial Services consents to the transfer of assets from the ONTC Plan to the Plan pursuant to section 81 of the Pension Benefits Act shall be entitled to payment from the PSSBA in an amount equal to the pension benefits or other payment that are paid or payable to them in accordance with the terms and conditions of the SERP as of the date immediately preceding the date consent is granted.
    4. If the assets and liabilities in the ONTC Plan in respect of credit accrued prior to May 1, 2018 are transferred to the Plan, and if any of the persons described in subsection 36.4(5) of the Plan accrue credit in the Plan between May 1, 2018 and the date on which the Superintendent of Financial Services consents to the transfer of assets from the ONTC Plan to the Plan pursuant to section 81 of the Pension Benefits Act, their pension benefits in respect of that credit shall be calculated separately in accordance with the terms of the PSSBA.
    5. For the persons described in subsection 36.4(5) of the Plan, all conditions, terms and rules that applied and options that were available for the payment, eligibility and entitlement to a pension or other payment under the ONTC’s SERP as of the date immediately preceding the transfer shall apply to the payment, entitlement, and eligibility to the pension or other payment provided under clause 15(c).
  16. Where a former member of the Plan withdraws or transfers from the Fund any amount payable under the Plan, as a termination benefit or pursuant to a reciprocal agreement with another registered pension plan, the commuted value of the benefit under section 3 or the refund as the case may be, shall be paid to the former member in cash.
  17. Where a member of the Plan ceases to be a member of the Plan and becomes a member of the OPSEU Pension Plan and transfers credits to the OPSEU Pension Plan as provided under section 36.1 of the Plan,
    1. the payment under section 16 does not apply; and
    2. the balance, if any, of the member's contributions in the Account including interest shall be transferred to the OPSEU Supplementary Benefit Account.
  18. Where a member was, immediately prior to becoming a member of the Plan, a member of the OPSEU Pension Plan, and the member transferred credits into the Plan under section 36.1 of the Plan, the administrator shall arrange to have the balance, if any, of the member's contributions in the OPSEU Supplementary Benefit Account, including interest debited from that account and shall credit it to the member's account in the Account.
  19. The employer shall pay into the Account
    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;
    2. subject to section 20, the amount of any unfunded liabilities of the Supplementary Plan as are indicated in an actuarial valuation required by this Order, and
    3. an amount equal to the amount paid by a member, or by an employer on behalf of a member under section 11 except where the member's contributions are doubled under subsections 8(4) or 11(5) of the Plan.
  20. The share of any unfunded liability of the Supplementary Plan which the employers, or persons acting as employers, of special members are obligated to pay shall be limited to reflect the limit placed by section 7 on the supplementary benefits payable to the special members.
  21. An actuary employed or retained by the administrator shall prepare a report acceptable to the Minister not more than three years after the date of this Order and at intervals of not more than three years thereafter and shall report to the Minister and to the Minister of Finance through the Secretary of the Management Board of Cabinet on the amount required to fund the Supplementary Plan benefits provided for in this Order and on the adequacy of the Account, as then constituted, to provide the supplementary benefits.
  22. The Minister of Finance shall be the custodian of the Account, and shall have charge of the investment of money from time to time to the credit of the Account.
  23. Pursuant to section 7 of the Financial Administration Act, interest on balances from time to time to the credit of the Account shall be paid annually in such manner and upon such terms as the Lieutenant Governor in Council shall determine.
  24. The right to supplementary benefits from the Account shall be effective January 1, 1992.
  25. The administrator may
    1. make rules requiring those persons who are or may be entitled to a supplementary benefit from the Account under this Order to furnish information to or for the use of the employer or agent as required to administer the Supplementary Plan as a condition of payment from the Account; and
    2. waive the amount required to be paid into the Account by any member or deferred pensioner under clause 6(a) without affecting the member or deferred pensioner's entitlement to a supplementary benefit under section 3 if:
      1. the amount specified under clause 6(a) is less than $150.00; or
      2. the administrator estimates that the member or deferred pensioner will not be entitled to a benefit upon termination.
  26. 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.
  27. For clarity, the transfer rule under Section 26 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 the pension payable from the Account to the Case Management Master in respect of such service became effective.
  28. For any Orders in Council made prior to the date this Order is made including but not limited to: O.C. 1902/2009 dated November 25, 2009; O.C. 421/2017, dated February 22, 2017; O.C. 515/2017 dated March 8, 2017; O.C. 2236/2017 dated November 15, 2017; O.C. 2237/2017 dated November 15, 2017; O.C. 464/2018, dated March 7, 2018; O.C. 608/2018, dated March 21, 2018; O.C. 609/2018, dated March 21, 2018, O.C. 942/2018, dated May 2, 2018; and O.C. 944/2018 dated May 2, 2018, a reference to Order in Council 3044/98 dated December 16, 1998 as amended shall be deemed to be a reference to this Order in Council with section numbers to apply mutatis mutandis.
Treasury Board Secretariat

Approved and Ordered: June 06, 2019

Amended by: Order in Council 508/2021 Order in Council 1125/2021

Revoked by: Order in Council 1298/2021