Whereas the Ontario Northland Transportation Commission (the “Commission”) established a 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 OC 610/2016 dated April 20, 2016 (the “ONTC Contributory Pension Plan”);

And Whereas the Commission provides a supplemental payment under a plan entitled the Supplemental Employee Retirement Plan to certain retirees whose pension entitlement is limited by the maximum pension payable pursuant to the provisions of the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.);

And Whereas the Commission wishes to be designated as a participating employer in the pension plan known as the Public Service Pension Plan under the Public Service Pension Act, R.S.O. 1990, c. P.48 (the “Plan”) and in the Public Service Supplementary Benefits Account that has been continued under Order in Council OC 3044/98 as amended by Order in Council OC 1905/2009 and as may be further amended from time to time (the “PSSBA”);

Now therefore pursuant to Section 8 of the Ontario Northland Transportation Commission Act, R.S.O. 1990, c. O.32 and subject to the approval of the Lieutenant Governor in Council:

The Plan

  1. The Plan shall be the pension plan for the employees of the Commission who are designated under the Plan as a class or classes of employees who are required to be members of the Plan or who are eligible to become members and elect to do so.

The PSSBA

  1. The PSSBA shall be the supplemental plan for members of the Plan under Section 1 of this regulation who meet the requirements to receive benefits under the PSSBA.

Assets and Liabilities Transfer

  1. If the Commission is designated as a participating employer in the Plan and the PSSBA and if, pursuant to section 81 of the Pension Benefits Act, R.S.O. 1990, c. P.8, the assets and liabilities of the ONTC Contributory Pension Plan are transferred to the Plan, then former employees of the Commission and their beneficiaries who prior to the date on which the assets and liabilities are transferred are or become entitled to a deferred pension or other payment under the ONTC Contributory Pension Plan, or commence receipt of a pension or other payment under the ONTC Contributory Pension Plan shall be entitled to a payment or payments from the Public Service Pension Fund under the authority of the Plan in an amount equal to the pension benefits or other payments that are paid or payable to them in accordance with the terms and conditions of the ONTC Contributory Pension Plan as of the date immediately preceding the date of the transfer.
  2. If the former employees of the Commission and their beneficiaries noted in paragraph 3 also are or become entitled to a deferred pension or other payment under the Supplemental Employee Retirement Plan prior to the date on which the assets and liabilities of the ONTC Contributory Pension Plan are transferred and if the requisite assets are transferred into the PSSBA in respect of those supplemental benefits, such employees and their beneficiaries shall be entitled to a payment or payments from the PSSBA in an amount equal to the pension benefits or other payments that are paid or payable to them in accordance with the terms and conditions of the Supplemental Employee Retirement Plan as of as of the date immediately preceding the date of the transfer.

Effective Date

  1. This regulation comes into effect as of May 1, 2018.

Order in Council 607/2018