HomeMy WebLinkAboutBy-law 1814/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1814/84
Being a by-law to authorize Supplementary
Benefits under the Ontario Municipal
Employees Retirement System
WHEREAS under an agreement dated June 18, 1976,
of the Town of Pickering elected to participate
Municipal Employees Retirement System; and
the Corporation
in the Ontario
WHEREAS pursuant to Section 23 of the Regulation made under
the Ontario Municipal Employees Retirement System Act, R.S.O.
1980, as amended, an employer who has elected to participate
in the System may enter into an agreement with the Ontario
Municipal Employees Retirement Board for the payment of
supplementary benefits in respect of all or any class of the
employees or councillors who are or become members of the
System;
NOW THEREFORE, the Council of the Corporation of the Town of
Pickering HEREBY ENACTS as follows:
The Mayor and Clerk are hereby authorized to execute a
Supplementary Agreement in the form attached hereto with
the Ontario Municipal Employees Retirement Board for the
payment of the supplementary benefits provided in the
Supplementary Pension Plan set forth as Schedule 1 to
the Supplementary Agreement.
e
The Clerk is hereby authorized to do such things as are
necessary under the Supplementary Agreement and to carry
out the intent of the by-law.
Two certified copies of this by-law shall be filed with
the Executive-Director of the Ontario Municipal Employees
Retirement Board.
This by-law shall come into force on the day of its
passing.
BY-LAW READ a first, second and third time and finally passed
this 2nd day of April, 1984.
Clerk
ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM
SUPPLEMENTARY BENEFIT AGREEMENT
...............
THIS AGREEMENT made this day of ,19
BETWEEN:
THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT BOARD
(hereinafter called the "Board")
- and -
THE TOWN OF PICKERING
(hereinafter called the "Employer")
WHEREAS this Supplementary Benefit Agreement (hereinafter called the "Agreement") is made pursuant to section
23 of Ontario Regulation 724, R.R.O. 1980, as heretofore and hereafter amended from time to time (hereinafter called the
"RegulatioW') being a regulation made under the Ontario Municipal Employees Retirement System Act, R.S.O. 1980, chapter
348, as heretofore and hereafter amended from time to time (hereinafter called the "Act");
AND WHEREAS under subsection 21(7) of the Regulation prior service agreements entered into under subsection
21(1) shall be terminated as of December 31, 1982 and the funds held thereunder transferred to a supplementary agreement;
AND WHEREAS subsection 23(7) of fha Regulation provides that a supplementary agreement in force on December
31,1982 shall be deemed to be amended as of January 1,1983 until such time as it is amended in fact, to accord with the form and
content of the supplementary agreement approved by the Board under subsection 23(3);
AND WHEREAS the form and content of this Agreement has been approved by resolution of the Board dated
November 18, 1983, as required under subsection 23(3) of the Regulation;
AND WHEREAS for an employer who had a supplementary agreement in force on December 31, 1982 which
continues to be in force as of the date hereof, this Agreement shall amend such agreement effective January 1, 1983, and
otherwise this Agreement shall be effective as of the Plan effective date as defined in the Plan.
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained, the Board and the
Employer do convenant and agree:
1. Words and phrases used in this Agreement and in Schedule I hereto which are used in the Act and Regulation shall, unless
the context in which they are used clearly indicates a contrary intention, have the meaning given to them under the Act and
the Regulation, and
(a) "covered member" shall mean a member of the System to whom the Plan is applicable;
(h) "Plan" shall mean the Supplementary Pension Plan which is attached hereto as Schedule I and which forms part of this
Agreement; and
(c) "Plan contribution" shall mean all amounts paid or payable by either the covered members or the Employer under this
Agreement to provide the benefits of the Plan including amounts which are to be transferred to the Plan from a
predecessor plan with respect to benefits provided under this Agreement, together with the Board's administration fee
of one per cent of all such amounts.
2. Benefits payable under this Agreement in respect of a covered member shall be as set out in the Plan.
The Employer shall provide each covered member with either a written explanation of the benefits and terms and
conditions of the Plan as amended from time to time, or a copy of the Plan and any amendments made from time to time.
4. The executive-director shall determine whether or not a benefit is payable and the amount of any benefit that is payable
under this Agreement.
5. The Board, on the advice of the actuary, shall determine the Plan contributions paid or payable under this Agreement and
the Employer shall pay or cause to be paid to the Board such Plan contributions in the amount and manner set out in the
Plan.
6. Section 18 of the Regulation shall apply to contributions of the covered member paid to the Board by the Employer under
this Agreement.
7. Subject to the provisions of applicable federal and provincial rules and regulations, upon determination at any date by
actuarial valuation that the value of the assets of the Plan is in excess of the amount then required to satisfy, or to provide
for, all Plan liabilities with respect to the covered members and their beneficiaries accrued to such date, such excess may be
used to reduce the Employer portion of Plan contributions otherwise required under the Plan or may be used or applied in
such other manner as the Board and the Employer shall mutually agree.
8. Notwithslanding anylhing in this Agreement, the provisions of the Pension Benefits Act, R.S.O. 1980, chapter 373, and the
regulations thereunder, all as heretofore and hereafter amended, shall prevail in respect of this Agreement and the Board
shall provide the Pension Commission of Ontario with such information and calculations as may be required under such
Act and regulations.
9. The Employer shall provide the Board and the Board shall provide the Employer with such information as each may
require from time to time for the due administration of this Agreement.
10. The provisions of the Act and the Regulation shall, except where otherwise specifically provided for herein, apply to the
provisions of this Agreement and to the Plan to the same extent and with the same effect as would be the case if the
provisions of this Agreement and the Plan were set out in the Regulation. In the event there is any conflict or inconsistency
between the provisions of the Act and the Regulation and the provisions of this Agreement, the provisions of the Act and
Regulation shall govern.
11. Reference herein to sections of the Act and Regulation or sub-divisions thereof include successor sections or sub-divisions
thereof which may be enacted from time to time.
IN WITNESS WHEREOF this Agreement is executed by the parties hereto under the hands of their respective
officers lawfully authorized in that behalf and the corporate seals respectively as of the date first written above.
FOR THE EMPLOYER:
FOR THE BOARD:
Executive Dircclor
(SEAl.)
FULL TYPE 1
SCHEDULE "1" TO THE ONTARIO MUNICIPAL EMPLOYEES
RETIREMENT SYSTEM SUPPLEMENTARY BENEFIT AGREEMENT
PART A
ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM
SUPPLEMENTARY PENSION PLAN
Each member of the System employed by the Town of Picketing (hereinafter
called the "Employer'~ who are members of the Fire Fighters Association,
each hereinafter called "the class") shall be covered under this Plan on
the later of the Plan effective date or the date the member becomes part
of the class.
Words and phrases used in this Plan, which are used in the Act, Regulation
and Agreement, shall, unless the context in which they are used clearly
indicates a contrary intention, have the meaning given to them under the
Act, Regulation and Agreement, and
(a)
"Agreement" means the Ontario Municipal Employees Retirement System
Supplementat~ Benefit Agreement of which this Plan forms Schedule 1,
Part A;
(b) "continuous full-time service" means employment on a continous full-
time basis as defined in subsection 7(5) of the Regulation;
(c) "Ran effective date" means January 1, 1983 and the Plan year shall
end on December 31st of each year thereafter;
(a)
(b)
The Employer shall pay or cause to be paid to the Board Plan
contributions in the amount and manner and upon such terms as the
Board may from time to time require by written notice from the Board
to the Employer. No Plan contributions made by a covered member
shall be withdrawn in whole or in part, while the covered member
remains a member of the System.
Man contributions are due in the office of the Board on the date
provided in such written notice to the Employer. Plan contributions
which are not received by such date will be subject to an additional
interest charge determined by the Board based on the market fund rate
of interest applicable to the year in respect of which the Plan
contributions are due.
~an contributions received by the Board shall be con~ningled with and form
part of the Fund and be invested and otherwise dealt with in the manner
provided for in the Act with respect to the Fund.
The continuous full-time service of a covered member with the Employer
prior to the Employer's effective date of participation in the System
shall be deemed to be credited service. Such deemed credited service
shall include service with the Township of Pickering as a predecessor
employer;
-2-
but shall not include
(i)
service for which contributions made by the covered member
under section 9 of the Regulation or under an approved pension
plan have been refunded; and,
(ii)
service for which the covered member was entitled to make
contributions under section 9 of the Regulation or under an
approved pension plan but chose not to do so; and
(iii) service prior to which contributions made by the covered member
under section 9 of the Regulation have been refunded.
Where the service of a covered member is deemed to be credited service
under clause 5 of this Plan, the pension calculated in accordance with
section 12 of the Regulation shall be reduced by the annual normal
retirement pension (as of December 31, 1982 or the Plan effective date,
whichever is later) to which a covered member is entitled under an
approved pension plan of the Employer, excluding the annual amount of any
pension purchased by voluntary contributions made by the covered member
under an approved pension plan.
SCHEDULE "1" TO THE ONTARIO MUNICIPAL EMPLOYEES
RETIREMENT SYSTEM SUPPLEMENTARY BENEFIT AGREEMENT
PART B
ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM
SUPPLEMENTARY PENSION PLAN
Each member of the System employed on January 1, 1980 by the Town of
Picketing (hereinafter called the "Employer") as Fire Management and
listed in Appendix A attached hereto, shall be covered under this Plan on
the ~an effective date.
Words and phrases used in this Plan, which are used in the Act, Regulation
and Agreement, shall, unless the context in which they are used clearly
indicates a contrary intention, have the meaning given to them under the
Act, Regulation and Agreement, and
(a)
"Agreement" means the Ontario Municipal Employees Retirement System
Supplementary Benefit Agreement of which this Plan forms Schedule 1,
Part B;
(b) "continuous full-time service" means employment on a continous full-
time basis as defined in subsection 7{5) of the Regulation;
(c) "Plan effective date" means January 1, 1983 and the Plan year shall
end on December 31st of each year thereafter;
(d)
"Plan average earnings" means the average annual contributory
earnings of a covered member during the five years January 1975 to
December, 1975 inclusive, received by him in respect of his Plan
credited service but excluding any contributory earnings in respect
of optional service.
(a)
(b)
The Employer shall pay or cause to be paid to the Board Plan
contributions in the amount and manner and upon such terms as the
Board may from time to time require by written notice from the Board
to the Employer. No Plan contributions made by a covered member
shall be withdrawn in whole or in part, while the covered member
remains a member of the System.
Plan contributions are due in the office of the Board on the date
provided in such written notice to the Employer. ~an contributions
which are not received by such date will be subject to an additional
interest charge determined by the Board based on the market fund rate
of interest applicable to the year in respect of which the Plan
contributions are due.
Man contributions received by the Board shall be commingled with and form
part of the Fund and be invested and otherwise dealt with in the manner
provided for in the Act with respect to the Fund.
The Plan credited service of a covered member shall be that part of his
continuous full-time service with the Employer prior to the Employer's
effective date of participation in the System. Such Plan credited service
shall include service with the Township of Picketing as a predecessor'
employer;
-2-
but shall not include
(i)
service fo)' which contributions made by the covered member
under section 9 of the Regulation or under an approved
pension plan have been refunded; and.
(ii)
service for which the covered member was entitled to make
contributions under section 9 of the Regulation or under an
approved pension plan but chose not to do so; and
(iii) service prior to which contributions made by the covered
member under section 9 of the Regulation have been refunded;
6.(1)
(2)
(3)
A supplementary pension is payable under this Plan to a covered member
who retires on or after his normal retirement date and shall be equal to
2% of his Plan average earnings multiplied by the total number of years
and part of a year of his Plan credited service up to 35 years, reduced
(a)
when the covered member becomes entitled to a pension under the
Canada Pension ~an by 0.?% of the lesser of such Plan average
earnings or $10,467, multiplied by the total number of years and
part of a year of his ~an credited service after the 1st day of
January, 1966 up to 35 years, and
(b)
by the annual normal retirement pension as of January 1, 1980 to
which a covered member is entitled under an approved pension plan
of the Employer, excluding the annual amount of any pension
purchased by volunta~ contributions made by the covered member
under an approved plan.
The amount of supplementary pension under this Plan to the credit of
each covered member on the ~an effective date and payable on the
covered member's normal retirement date shall be as shown in Appendix A
attached hereto.
A supplementary pension payable under this Plan is payable coincident
with and under the same terms and conditions and subject to the same
limitations as the covered member's pension under section 12, 13, 14, 15
and 16 of the Regulation.