HomeMy WebLinkAboutBy-law 431/76.T'HE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 431/76
Being a By-law to authorize
Supplementary Benefits under the
Ontario Municipal Employees
Retirement Systems for the Town
of Pickering Fire Fighters'
WHEREAS under By-law Number 2995 dated April 5th 1965 the
former Township of Pickering elected to participation in
the Ontario Municipal Employees Retirement System;
AND WHEREAS the Town of Pickering is successor to the
former Township of Pickering;
AND WHEREAS pursuant to Section 23 of the Regulations made
under the Ontario Municipal Employees Retirement System
Act R.S.O. 1970 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 be and it is hereby enacted that:
1. The Mayor and the Administrator-Clerkare hereby
authorized on behalf of the Town of Pickering
to enter into a Supplementary Agreement in the form
attached hereto as Schedule "A" 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.
2. The Administrator-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.
3. Two certified copies of this By-law shall be filed with
the Secretary-Treasurer of the Ontario Municipal Employees
Retirement Board.
4. This By-law shall come into force on the day of its passing.
By-law read a First, Second and Third Time and PASSED
in open Council this ? ti4 day of 4.4 1976.
Mayor
Administrator-clerk
ONTARIO N11 INICII'AL ITNIPI MITES RI TI URIENT SYSTEM
SUPPLEMUN'I'ARY M-NEFI'I'S AGREIMI.,AT
No. .....2.3.2.
THIS AGREEMENT made this.. 413 .. , ......day of ... ... . ... June. _ .. 1!). 76
pursuant to section 23 of (Wank Regulation 456, M71 as amended, being a RcgulMm umde under The Oulado
Mmiicip;Il Iimpluyccs Roliremcnl System Act Rcciscd Slnuttcs of Onwriu, 1970, Claplcr3?4 as amcudcd,
BETWLLN
THE ONTARIO MUNICIPAL FAlI'I.OIT:PS RETIREMENT BOARD liciv n called the "I3o.ud"
and
TUN OF PICKLRING
herein called tttp "limpluyer".
WITNESSP:I11 TIIAT in consideration of llte uuttual covcuauts and agrcetile tits Iterein contained the Ron«I and the
Employer do hereby covcnanl and aglev:
L The uYnis and phones used herein lace We meaning f;i%eo to Ihcm under 'flee Onlorio Aloomipal Floplo)'ees
Befivenreut System Act, Rct'iscd Statutes of Ontario, 1970, C)ulplcr 324 as an coded and the wgul tires nude
thereunder, and
(a) "conlrihutioo" scans any anmmnt required to he paid Under the terms of The Ilan by or in respecl of flip
covered nenhers;
(h) "covered mWw" nw.un a ntontber A da, S)-sfenr to %%hon The flan is app)icMblc;
(c) "Plan" nc.ms the Supplenent:ly Pension Plan attached hprclo is Schedule I and hissing part of this
AweetnpnT;
(d) "Regulation" nunns Ontario Re};ul;uiun 456, 1973, as amended.
2. 'T'he Employershall pay into The Pond such coulribulion.s a.s l al be rejoiced to pto%ide [Ile bane( r%(If The )'lan, and
the ;Intent][ to be paid intro the Pond in aTn' your as determined fly the 13o:nd shill not be less thin the emoumt
rcgnired to bo paid in the )'car under Ile Pvndon Bend!" Act, Reused Statutes of Ontario, 1970, Chapter 342.
3. Each covered member on becoming; enTitled trI a pension under section 12, 13 or 15 of the Ref;tilalioll .shall, subject
to clause 5 A 04 Agwemvnh he enddvd a, an addaknud pension of Such amoon as mat' he prescribed in the Plan
pgable c imliens wdh and Aw the same duration as the pension svbiclr is payable to stall nco6cr under the
Regulation in respecl of the number's conoibnnory earnings.
4. (a) If on The dealli of a eo%cicd member eilhcr ht-fort, or after the conlownarnenl of a pension TAI The olcnher under
this Agroenot o pmnsioo is la10-able to the ssitlm., %%410011`17 nr child ill the nemhrr loader section 14 of the
Regulation, It petrsit,u shall be impble under this Afpeeneut to such stido%1, %%id'mul nr child el)incident tv itlt
;nil for Iho stone dinalion as the pension %vhiell is payable to the tvidoty, t%ido%ter of child under section 14 of
the Regulation, and the anoont of pension so payable under this Agreement TO the t%ido%v or %sido%1CI Shull be
(i) one-half of the annual pension Ihit the covered nenlber %1.is receiving ondcr This AIPceneol inuncdi,iloly
below his dcaTh, or it lie lints not receiving Such IT Tension one half of Ile deferred pension ill «hich Im
%%oltld halo hceu enthi(cl umlor this Agrecmctu if lie half terminated his sorcice ionlediutely before his
dc,ttb, loss
(ii) Two and one-li ilh pen?mT ul the annual pension computed under .sub p.ira gr.Ipll (1) for pith (onip!ete )t r
that T he nl;e n[ the %vido%e 017 %%ido%vcr is more 111:11% tell )curs Iess 11T;rn T h0 ;I :g, of the vl,lvIelf Inomlber, [this
(iii) one-fifth o[ the anluial pcnsiun compiled in soh-par.Igraph (i) nniltiplled ITC the nwubcrn[ eNddfen of the
vovcled npnhof NOT(, [film time to lime arc tinder the age of 18yvusco- 21 veers if anvnding ;m cdocatiotcal
inslitulion tat ;I full-tine basis, but not exceeding 50"1, of the anuat pension computed under
.sub-pilagraph (i),
and the anneal :ououll of pension p;nvhle under this Agrecnnonl to a child of a covered mmmbn aha11 he the
untolnlt compiled cinder suit paragr,y,h (i) divided by file molhor of childn•n of Iho cnvcrod ntcntbcr tvho front
tinge to time are muter the age of 18 years or 21 years if attending in eduraiumd imlilution of a puss determined
by the Iio;ud on if full lino basis.
(b) No pension shall bo pa%Aly to M iihhnv, sAdouvr or child under sukiiilsc la) of el.ntsr I in wspcrl o[ an%
;uuount of l,onsioI I It.IVal,1e TO the Inelltl$I' (IfaT, under 11ne terms of this AyPocmcnl swill ccnse on Iln• uu•mIit- I S
a I laimllg ago 65 omit leis runuuenciul: to IU, cive a pension under Iho Canudn Pension flat].
(c) If on the Tprniinaliou of oi%ice or dcalh of a covered mcolher or the cspir.Iliot] of a pension if) flip %vidoty,
tvidotver of child o[ a covered nicmbcr. no person is of trill become einiled to a pension under Ibis Agwootcnt
in reaped of Ilse (mewd member, :in Moonlit egnl to The einuiihuTious made b) The oombcr ondcr this
Agreement unh interest us ptrwIlhcd in s "i m 18 Of Iho Recidalion, less The ng;lpel;,ale Inoolinl Id hcneflls
p;tid under Ibis As o e ocnl io oI in ms)n•pt (if the nn"mhcr, sI'll I 1,1` Icienthd t„the Porslm %%hn is "mated under
section 18 of the Ilcf:aa.Ilion To Icecke a refund in rpslx•ct of the waved menbcr.
S VVIwn a nmorihmtion k paid ioto the fund underilnis Agiocinew i)w conuihnlion together %%ilh Iii, inlerpsl producd
thereon froln time w tiole shill be held („r Ile benefit of Tbc ro0crvd ncnbprs old ss hen a bcoe111 bccones )%aruhlc
tinder This AgIncmenl to or in Ierhpel (If a tovercd ownds-r Ihcro shall be deducted front the balance of such
conlrihulions uud infewst all anaainl compnlcd in aceonlloecuilll
(a) Sehodide 2 if the hcncht is p;nuble to a muniller t%Iw rceei%ps J. pension under seeli<m 12 or IA of the
Regulatioe,
(b) Sehcdulc 3 if The bcocl{I is jmpl lc to a member ttho otcivcs a pension uudel secti,aa I ; I tilt- Rel,alwion,
(c) Schedade 4 if the hmolil is ;I Iwn'i"n )I.T}ahle o' dw s1i,l,m, s0'ido%vcr ur chill of a n vied" I ello died bcfofc a
pension hovamc pakahle t"Sneli neither onler The RegulaTion,
(t-1) Seeliuu 18 of the Rel;mlatiou if the bcnclit is a reftald of the member's Coll tribal ilm phi interest, and
Q) su6sevthm (!)of scetion'22 of the lkpdoawu if Ow hcnclit A an :unouut in Q unitSrrcd In annlbcr pension
plan or fund as pocsmhcd in beckon 22,
provided that if Ihc proscrihrd dcillm nn would Ink Ibr kilime Betel for Ili(- I( In lining on-111)"n tshn Iwcc not
eonunonecd In n•ecitc t prnsinn Ill :it :uunu]I Ivlli(1, I, than Ihc stns ..f Ihc will I dull ens amide he auch mcnthc]s
plies the iIllun sl I cillh d 111nn.IT, thc.nuuilill to I,e Jh ?.rTell and Ihc hench1, p,j .ill(' themfroil] shall be Icdorcd >n
that the haluucc Ileld lot Ihc ncmuininy; mcnnbels is not Icss Ill.m Ihc snm ill flit it mall ikin"lls and Ills intcrest
credited thereon aanputed Dour the cod of the month is which the contribution was lurid into the Pond.
6. Interest slIall be compotcd aI Iho cad of each vcar by 111 (111 plying Ilse aln,IT olIt of con IIihl lions and inlcresi held
under Ibis Ag]ccmcul ill the end of va(II nwnlh of Ills )(-ar by I, 1"111 oI file a moil ]if,, of inicresl pies, Ailed under
seclinn 7 of the Act I,v (ick,wwc,a k,lon'd to Ihc Board ill n"p(-cl of monks p,lid to Ihc 'IYe. iwrcr of Unl.lrio in Iho
u]onlh in wheel] suck (woliboliuns and iulercvl bier recei%ed onder this Af;lccnleul mid Iho.nnnonl of interest so
computed shall he added to Ihu conlrihtuions And interest field under tills AI;rcenunl AI Illc cud of the year.
7. The Fyceutico Dhvr lot shill In"i e salt IT culcudations as ma)' be net:v vea y Ill dclerntinc the emuunt of time ihtuions
and benefits po)-able under this Ap]ccnnnnl.
8. I IIcrig)It is Icwt %cel to
(A) Ihc Bawd till lim] v fillet linro lu time Iho factors in Scl]rdulcs 2, 3 ind 'I %%iill IT, <,I))
hocinn whA 11 o Ihc lime IT,,, nit been In,"'kc]i b)' ]he Knard nr crcdilod ]mdcr talk ;Apcclocnt, and
(h) the Isnlhlovcr a "Hand Ihc Plan m :oily pail thereof procidcd Ill it Ibe amcocled prolisions :ne not inconsistent
with set full 2j of ill(, PcIuditimi,
9. 1TV Buhl shall dedo,l Gem noUluson paid into the Pond in an]ount opy w I percent A such (wiIiii)iol
fur the mronogement and adinini,strotion of this Agreement.
IQ ITT, P.mplnycr Kill formal] to Ow Rmud such inkinno on as Ihc Wild may PjHhc for the udminisll,niun of ill;%
Agreement.
11. Tile Board shall fl]rnisll Ill(, 111111 loycr with R report each pcarof file lrn]Sn_lions und(-r Illis Apt( I m?it
12. Nnist'il)slandint; nI}thiny; in Ihiv A};recn ew if a coccrcd nnm1kcr lu ""s t„ bo cloplcr,cd 1>y II]e Vnyl,v.,I eiwl Itc
his atlnincd :]„c 16 and has comphivil 10 ycm:e of service scilh Iho Emploser
(a) the Coll lrib[Iliunns held under IIIis Alnecmcnt And made by the memhers shall not be refunded I„ (I I, member,
and
(6) the arootml of doformd penbi]m puyably under this Agrecnwul sh,lll m,l he Icw flT n] dw ]u ono o n aluoont
prexrihcd Ihercforwnder'i he Pcnsiun Benefits Act, Revised Simons of Ontario, 1970, Chapter 312.
11 Ile Bo.lyd shall IMONle'I'he Pension cnmmis,ainn of Ontario ,cith u i it inforn]:]limi end e.ilco Lallans as may be
required under I Ile Pension Bcn( fils Am Hcvfsed 5lalules of l io. N70. Chapter '1-12.
Id. The P.ntplo)cr Mlill plo,idc o.u If cuccecd mcluhcr with it wtMcli (.))I i icon of the loans ,,nd u,odlo,,ns of ilir
Pl,m as eorcoded kl,n] lime I„ lime and an Waualion of div rights mid duties of the nnen Iser with mWounve to die
benefits aeoilable onder Ihc Plan.
IN WITNESS W)IH1iDW this igiccmcnl is eeccnicd by Ihc pufics hcrClu under Ihc hand of tilde rusp,ai,c „iliccrs
Ia%vfoll)authorizcclin 11]:uiwililland olporalcsealslespecticcly.
DATED, ..
L'mploper A
(9 AL)
Ontario Municipal Employ ccs Refit Colon t Board
DATED......,
IAr, uii,r Ili rt•,tre
QLAL)
SChVK 'I,I,)] 1111,
P,',?'. A
U1J'C,1R I n I IUN I C I PAL EMIIWYEI?:S NET I RI':PIP:fi'i' SYS'l i;M
Suppl.eraent a ry Pension Plan
1. This Supplementary Pension Plan is applicable to members of the Ontario Municipal.
Employees Retirement System cnq,Joyod .s Firemen excluding the Fire Chief by the
'Gown of Pickering, herein called the Umploycr, in lespecl. of their Service Willi
the Employer and ON Lho Township of Pickering; as a pi-edocessor umployer.
2. In this Plan
(a) "Act" means 'flue Ont-ario Municipal Employee XuLKt`WCnl Sysi-em Act, R.S.U.
1970, c. 324 as amended;
(b) "Agreement" means the agreement made or to be made under section 23 of
the Regulation for the purpose of carrying; out this Plan;
(c) "average carnings" mcnow the average e,trnlnl{s of .1 cove) cd 1acn'ber duriai;
the five years of January 1971 to December 1975 inclusive in n,spccc o;
his service to which Luis Plait is applicable;
(d) "basic pension" of a covered member means the pension payable under sections
12, 1.3, 14 and 15 of the RcguLaLi-on in respvcL of his contribu Lure earnings
under the Reg;ulat-ion;
(e) "covered member" means an employee of the Employer who is a member of in,,
System on Lhe effective We and whose name is listed on Appendix A;
(f) "deferred pension" means a pension payable undcr ON Nan Lo a lormer
employee commencing; on the clay following his normal IKNUmUnt date;
(g) "earnings" of a covered member means his remunordtf on Itom the Employer
on which a contribution is pnyablu raider section 9 of the Regulation
excluding; any payments in lieu of sick leave;
(h) "effective daLv" of this flan means January 1, 19% Ana the plan j,ac
shall end on Deventer it of each year thereater;
M 11 normal retirement date" of a covered member means the last day of the
month in which he aLLains his 601-h bi-rchelay;
(j) "flan" meaner Lh1s 5 ul,p l emcn l a ry Pension PIan tuul ", 11,1,1 oved pen;,I,a pIare
means a polls ioil 1)1;ut Ilu1t 11.1s been us La bIfbhPd by a MUniCipa .lity ur IoenI
board under any I;cueraI or special Act of the LarisIat ure of Ontario;
(k) "prior service ;y,roeunn 1.11 means an a,,,,moAt- o11l Bred ilk(,) na.lvt nk,t_t,n
21 oL file Regnlnt lon;
(1) "Regulation" means (AH-Ario Rcg;u laL iu" 456, 19 1'1 incIading amen,lmrnts from
-Y-
time Lo time;
(m) "service" of a a,v(I,d mun'bcr Ilk',." Lis olf,IovnrnY to w)i1,11 this; 1'l.u; f;;
applicable as I, reocr i hotI in section I, acid iL nli,II1 he do"Imod that Lhr
"continuous service" of a covered member Las not lo'oo hrol.cu by absouce
W on le:rvo with I,ay, or
(11) due to ;acrvice in I_Le Armed Force!; i1 I." rrf ii rns to cnq,Iuyta_•nt
by the Fill)ioyor itutcd iately following; surlt r;rrvi, r of within
such period of title as niay be prescril,ed by any applict?ble
law, or
(iii) duc to si.clutuss or I-or any ruasoa approved by Lhe Iaupluyer,
and "credited service" Las the meaning Elect to it Ill f,1, (-L loll ') Lit tAill;
Plan;
(n) "service date" of a covered member means the date on which iris Creditod
service commences;, but in no caso shall the s(,fvirv dntc be MLrr Ut:m
the date of curoJmcat of th" mcmbcr in Lbo: SysLcm us do ci,iployos t,f
the lanployer;
(o) "total and permanent disability" means toU1L and prrmanornt disabLI -it}' as
defined in the Rugulati_on;
(p) "Year's Maximum Pe.ns,ieit bIQ L'etraings" Ill Lt o' Yt',It PlasimuIll PvnSlo¢aLlc
Earnings a:; lotiurd ill Lttc C;m:uta Pension 1'l;in.
3. Th1s Plan shall be appl Lcab ie to the covered mcmbcrI; 1Istvof on AI,beit of ix A.
4. (a) No contributions I;IIliII be lutyctble to this I'IIll bV a covered n,eIll bcr.
(L) The I=ttpIoyer sh;Il l contribute to Cliffs Plan such amount:; a:; tar,' bt
required to provide tot payment of Ute bead it:; of this flan and titr
contributions I_o bt, tuldu in any year shall not be Icss tluut the amount
required to be paid in Lhc yoar under The Tension 14,nrti_ts Art, R.ti.O.
1970, c. 34Z as lkmvotlrtl.
5. The credited service of it covered mcmbcr shall consist of
(a) his continuous service, prior Co the effective date of CLLs flan, for
which the Contribut -it,w; r equired to be 111n11 i' by tltr iornthrr nndor :,cctiOr.
9 of Ulo Rup,ulnt ion ii,ive hot11 ma(h! and have not Iwrit rt londod, nud
(b) his coutiuu(us service united La LCI)' before Litu of feet iec date of p.irtici-
pati_ou o f the I:niployer in tLc System excIudin}; any such ,rrvicc
(i) for wltis'li a rout ribut lot] nindc by the nnwwLo r to ;in ;IpplV, d
pow; toll plnn or to n prior se IViCU ag;1-COI, IoeL II,is bcun
refunded, or
(11) for which the melliber was eatiiicd to make a runtributi,m to
an approved pension plan or to a prior service agreement
and failed to do so.
6. The annual amount of pension at the credit of a covered member under this Clan
shall be 2% of his avvraro earnings multiplied by lire ulmhur ut years and
fractional years of his credited service up to a maximum of 35 years reduced by
(a) 0.7% of the lesser of such average earnings or $6,41J multiplied
by Cho number of years of his credited service bulore the ellcctive
We of this agreement. and after January I, 1966 up to a maximum of
35 years, and
(b) the annual amount of pension payable to the member under section l:'_
of the Regulation in respect of his contribuLory o.nninns for credited
service up to that Lime, and
(c) the annual amount of pension payable to the member under a prior service
agreement or an approved pension plan commencing on his rctirun,nt on or
after his normal retirement date as defined in this Plan excluding the
annual amount of pension purchased by voluntary conLributions w3do b};
the member under an approved pension plan
and the Appendix attached shows the amount of pension under thin Plan .L Lhe
credit of each member provided that the amount of pension at the credit of a
covered member under this Plan shall not be more Lhan the amount proScribad
under section 250(4) of The Municipal Act, R.S.O. 1970, c. 284 as nnunded.
7. Each covered member who reLives from the service of the Empl„yvr
(a) on or after his normal retirement We, or
(b) due to total and permanent disability and is entitled to a pension
under section 13 of the Regulation
shall be entitled to receive the pension at his credit under this Plan commencing
on the first clay of Cho month next following his retirement but not before Lhe
commencement of his basic; pension.
8. Every covered member On, tenses to be employed by the hmployer heroic his nornwl
retirement date and is uOL entitled to a pension under SecLiou 7 shall
(a) if he has atLained are 65 and has completed 10 years of continuous:
Service, be entitled to a deferred pension eilnnl to tht pension it hip;
credit under this Plan at the date of Lerminnlinn ol- his neivho. ur
!i _
(b) if he has not uLtaiucd age 45 or hin not Completed 10 years of conLinnous
service, he UnLiI Iad lu a do Ior Ito pans fun c.qua I it, the pa IIaIon nt bier
credit under Lhis Pion aL the date or Lermin.,t iun of his burvice unless
he elects a refund of his contributions made under section 9 of the
Regulation in respect of his basic benefits in which cone he shall
cease to have any rights under this Plan
provided that if the member elects and receivus ?u early retiremenL Pension under
section 15 of the Regulation his deferred pension under subparagraph (a) or (b)
above shall he payable coincidenL with such early r.LiremenL pension in an amouut.
which is act"arial.ly equivalent La Lhe deferred pension.
9. Subject to section G, every pension payable to a covered member under section 7 or
8 shall be payable in monthly instalmerlLs for his life coincident wiLh the payment
of his basic pension provided that a total and permanent disability porn ion nodal
section 7(b) MAY he suspended during; all period ul t imr Were his horu"I tetire-
meat We DIAL he in nuL totally and pcrmaoently disabled.
10. If on the death of a covered member a pension is payabic Lo his spoubt in respuC L
of his basic pension, the spouse shall be entitled until death or rcc,arrinqu to
one-half oC the Pension Lhat was payable to the coulter or was at his Crudk under
section G ilnmodiately before hi; death, provided that the Inrisioe i,,,al,le L?, the
spouse
(a) shall bu reduced by 2 ,1121 fur each year LhaL the spon:;e is Marc Lholl
10 years younger than the deceased member, and
(b) shall be Ltrreasedl by one-filth in respect of each child of Lhe QCPnn,':
member who is under the age of 18 years or 21 years it aLLending; ail
educaLi.onal instiLution on a full time basis; but in no event shall tho
total amount of such increase exceed 25% of the pen`;ion payable in the
member under this, Plan.
11. If on the death or rumrringe of a spouse who is receiving; a pension in respect
of a covered member under section 10 or on the death of a member who doe; not
leave a Spouse cuLftlcd to I pcn;ion under so(Ljoa lo, there is a child or
children of the member under the ago of 18 years or )l yt:,rs it at n" ling, oil
educational iusLNU Lion on a Jul! Limo basis, the child or children shrill be
entitled while under the age of IS years or 21 years It "Llm"d inn on vdovational.
lns!Lution on a full time hasis to one-half of Iht ptio,how IlraL 11o; pnyyahle W
the member or was at his credit under soclion 6 immedint,ly bolorc his duaLh.
12. IC on the death of a revered member u, ?ni the expiration of a pension under
section 10 or 11 NOW is no person ?)ho in cut iLlr,l t„ .. i,rnsion grader n "ct ion
10 or 11 in respect of the member, an anwunt, if any, cyual to the contributions
made by the member under this Plan, plus interest, less any pension already paid
to the member, his spouses or children, will he rolundod in the person who is
entitled to a refund in respect o1 his basic KnpfM.
13. Interest on the contributions to be refunded under this PLon shall be computed
in the manner prescribed in section 18 of the Regulation.
14. (a) The contributions made by a covered member under this PIan shall not he
withdrawn in whelp or A part while; the member remains an er,pLuyUV of
the Employer.
(b) The interest of a person in this Plan and in any benefit hnyably under
this Plan is not Subject to garnishmunt, aLtnchw, nl, sKnuru, or nLhcr
process of low, and is not alas-ignable.
15. The Employer shall provide every covered member with a copy or explnnaLiun of
this Plan.
16. Subject to any collective agreamenLS to the contrary, UP Employer may by by-law
or resolution amend or di_:cuuLQUe W is Plan or any part thereof with rvspect to
his employees pruvi_dod that any such aMUndmeuL or disce"Lku.anca in not in-
consistent with the Wgulak on and The Pension BeneliLs Act, RAM, 1910, c. 342
as amended, and that any such amendment or discontinuance shall not reduce Lhe
benefits of a covered member in respect of bin Service hPloru the a1,1 J;,nt or
discontinuance.
APV'I:.OiX "A"
SINTLE II:N'IAhS I'6NYS]ON PLA;C
I or Lll(s I 1 rc'mi'll 01
'I lie Town of Pickurill
NIIHPIAI. 111"I' 1_1t1"MEN'1' AGb; 60
Name 5ua I)nte of B1I-III Annu;ll Pcn:,ion
UU CI,I 1'1'
Glendinuiul;, J . A. .1 24 OS '2 1 $1 ,1; 2
Gordon, 11. A. DI 13 D2 79 264
Morgan, R. J. M 21 03 J8 309
Smith, D. C. 11 07 O6 25 58
Wilson, G. 11. M I I IU 2F; I"1)
ONTARIO Mt INIMPAL EMIT "ATES RETIREAHINT SYSTENI
SUPPLEMENTARY B1 NEFITS AGREEMENT
No.........?.3.?... _...,......
TIIISAGIZEL,N1EN7'n)adethis ...18th day of ... June I 7G
pursuant to section 23 of Ontario Regulation 456, 1975, as cuucnded, being a Regulation mule under Tltc Ontario
Municipal Eny>IoyeeN Reiircnunt System Act F1evi>ed Statutes of Uni.iAo, 1970, Chapic024 as amended,
BE'T'WEEN
THE ONTARIO MUNICIPAL EMPLOYEES 1Z81'IRIaAIEN'F BOARD 11c1'ein called the "B o,u d"
and
TOWN OF PICKERING
hcrcin called the" P: nolTr".
WITNESSli'I717I IA'P ill consideritiutt of the nunual coccni nts and agreements hcrcin cornamcd the P,oand ;uud the
I:mploycr do hereby covcnnnl and n};rrr:
1. The mortis and phramn used herein hove the nivaniug lateen to Them under'I'hc Onlnrio ,NNliuiieip:d Fuuploycc>
Retiternew Svklelu Act, Retied S(atutes of Ontario, 1970, Chuptor 324 as alevoJed and the rcgultlOIIS made
thereunder, :full
(a) "contrihutiun" means any wnount required to be paid under the terms of the ['h(it h) or is respect of the
co%cled members;
(b) "coccrcd uucmbm" mean a nn•mhcr o[ file System to ksltunr tic Ilan is appliczhlr:
(c) "Plan" nie;uts the Supplementary Pension Plan attached hereto as Schedule I and forming part of this
Agrconiunl;
(d) "Regulation" means Ontario Regulation 456, 1975. s amm sled.
'I he Ezuployer shall pat' into the I and such mulribuliuns ?,c uuiy be ],,oiled to prnkidc the benefits of IhB Plan, and
the mnounl to be paid info the Fund in any year as tloternQuA by Iho 1lo,ud shall not be 11'SG Ih:ut the amount
required to be paid in the t cur i nderThe Pension Benclits Act, RL-%Ned St;nutes of Ontario, 1970, Chapter 342.
3. Each covered member on becoming entitled to a pension under sc(lion 12, 13 or 15 0l the Ilcgulalion sha11, sibiert
to clause 5 of this Agreo mmi. lie emitted to on additiofal pension of si rh j"""nl us nw, bo piascrihed in the Min
payable coincident s(ill) and for file same duration as file pension tahich is pu)'able to such tnellilm In der the
Regulation in respecl of the nicm bee's con It ibu tory earnings.
4. (a) If on the death of a corded namiher either heforn• 0r aher Ilse conunrncenn•nl of a pvnsiun to the member tntder
this Agreement a pension is p:rtaible to Ihr tkidotk, tsidotkor or child of the mcnthcr undez Neclion 14 of the
Regulation, a pension shell) be pncable under Iliis Agreement to such skidm%, R idmycr nr fluid coincident pith
and for the same dou'umn ns Ihr pril'aai schich is payable Io the N%abnk, tcidoscer or child under section 14 of
the Regulallof, and the annumt of pension so pa) able under this Agreement to filets idow ortNit,mci shall he
(i) one-half of Ihr annual pension than fire cnyered number nas receising under this Agreement innnediately
before his de:uh, of if he N% is not r(ceicing such a tension one-half of [tic deferred ponOai to schich lie
tkould hake been entitled under this Agreement if lie had termin:ucd his wm(c immediately before his
dead I, less
(ii) hvo full one-half percent of Ihr annual pension eonipun•d under sub lyrignQ 0) for each complete year
that Ihr ap, of Ihr tyidoty nr tyidotycr is more thin ten )curs Icss Ruin the uµo of the (mcicd nirniher, [,ills
(iii) ono-fikil of ill,, annu.il pension computed in sub-paragraph M Onduplicd by the number Of kllildkoll If[ (it,,
cnkeicd niomher « ho faun limo to tiiue air utdor iile age of IS u;us or 21 Wars if alfcndiut;:ot educalional
iuslilution on a (till-tine basis, but not escecding 501,;, of t]]r ;unltutl ponsinn computed under
stub-p.irugrnph (i), .
and the annual nuloint of pension hrVJble under this Agreement to a child of a cokered nicnihcr .shill he the
:unount eonipi fed undosub-parojel pit (i) divided he the ninuberof children of the cnyered nu'nibar IN It() from
time to time ore under Ihr age of 18 ycarsor21 ycir.s if attcuding in educational institution of a class determined
by the Board fit n full One husis.
(t) No pension shall he If tilde to :i tcidotc, tcidotker or child under snb(laiise (u) of (Iuuar -1 ill lvspert of am
ani0nnt of pension putnble l0 file niculher that, model the Icons of ON Agreement twill (case or) the member's
atlaming age 6i or nn his roninier, nu( to l(((ike a pension under the C:niadu Pension Plaui
(c) If on the Irruiiuation of u•rs'ice nr deal]] of It covered inemhvr or the rkp patron of a pension to Iho tcidotc,
syidotyer or child of n cnkeled menihei; no person is or trill bocouu refilled to a pension under this Agroenuml
in respect of the enkcird nunlhei: an amount equal to the conkd mina mode ilk ill(, nirniher raider this
Agiccilant tkilh inkiest is puacidorl in set lion IS of Iho I2cgulation, Irss Ihr ap',Ic[;uc an olull of lanelila
Imid under Iltis Arrrrnicit in or in f•spocI of Iho nirniher, shill hr mhnidcd to Ihr person t. fin is entitled under
section IS of Ill(' Rr[;ul.III,ni In nrcice a lulled in rt :spo(I of fir eotercd nirniher.
5. When a contribution is paid into Iho Fund inndci this Agiectnew the coniiibntion tog?1hcr,kith file inlcresl credited
thereon from lime In limn shall be b Id f"I Ihr bonellt of till, colored nunnbrrN and tshen a benrln boronu's popable
nutlet this Agrernunl to nr in resprcl or a coccrcd nsnihrr [hero Shull he deducted front the bat:utce of such
con tribe tions;tud iotcccst ,munount computed in accordance with
(a) Schedule 2 if the bencllt is pa)ablr a) a invidwr "ho recoicrs a pension under section 1-' or 15 of the
Regulalion,
(b) S(hedulc 3 if Ihn conolll is pa):INC to a numhrr n ho rcceiccs n pension under scclion 1'1,,f do' Rcf;ulilwu,
(c) Schedule .1 if the NMI is a pension pliable to Ihr tkidotk, tcidotccr or child of n nunuhrr scho died before i
pension he, I re pacuhle In such nicnihcr under Ihr Regulation,
((I) section IS of the Regulation if the bcncht is a refund of the utentber's contribution plus inlcresl, and
(e) subsectilal ( I ) of ,rclion "2 of the Retnllation if Ioc bereft is an nnwunt to be Uansfcnrd to :another pension
plan or feud es prrscl thud iu ,I-t l ion 22,
prooidcd Ihnt if the pinkrIII, ,I th"im lion srrnll<I rrdl:.• Ih,• balance hrlrl b,r dic rciiminin4 wroil i•is o ho liurc not
counnornrd In it kvk,.t pcu,il,n to . m ;Immtnt NN hich 11 ihnn the sum of Ill,-vim,ol 6uti„ns tin ny 1)% xnc it nu•mhcrs
phis the it wo l to e,lltad (It,,,( ill, Ilic Ilamlltl tit ho,lk ,I I Ird and 111, hcnclits )aNd 11lr 111e1 rJoint 11,111 he o do,cd so
tlwl the I) I' ace held lot ilu• cmkiring nlcnthers i, w,[ Ices 1111111 11111 soon nl hi, it (olllrihlllions antl the interest
credited thermtn uwp,k from tha cod Of the month in which the contribution ii, is paid into tlm Fund.
6. lntctesl shall he compnlcd al the cod of each t'cnr b% mtillipl)'in}; the :nu„Im (If rnnitihutions end I111CI('SI held
under this Aprcrnunt it the end of rack month of the Near i,y I. I°th of tbo anro.nl t.ue of inten•,t htc,criLed under
scclion 7 of t11o ACI lur dchcnlows issued In the Board in ro,pccl of oltmivs lwid Io Ilic A rr,Ianrt of Uulario in the
ntonih in w111( 11 such 1oill blllinne :Ind illwlvsl acre Ic(VIl'ed tinder Ibis Aittcemonl and Ihr :tJnutnu of inlerr,t so
computed slutll be added to tl,a emll ihutions and interest held under this Apt-u ent at the cud of tit(- )cat_
7. '1 hr Fycl Lllioc Dirn•clur 011.111 InAv Such 1 Ilculalions as 111.13 lie neccssoly to deter minc the Wituunl of Colin ihiltiolls
and benefits puo:thle under this Aigrromow.
8. The right is resrrocd lu
(a) the Bo:lld to c11:nly;c Cunt lime Io Bono the factors in Schcdul,a 2, 3 and -1 tti}h m,pc( t to .111) coulti6utions ur
intcecet %% hill tit lltc lime It t, nttt hccn roccit'cd by tit(' Pit Ilk[ t,r cIcJo('tl mclvi this Agrccnu•nt, ;tad
(h) the Fillpl,ner lu tlnrlld Iluv PI an or any part thereof prooidcd t11aI the mucndrd pluvi,ion, :or nut inconsislcnt
ttilh scctioll23 of 111c Rc};111, 11 i,,n.
9. '111" Roard'11.111 d,duct ft,mt c,nlltilwti,tt , paid into lhs Fund ml t t I taunt cge.d to l pcre0 tit ,.f ,udt ct it It Iibu I. itit,
for the mona,;;cn:cnt;wd mimini,nIt tion of this Agreement.
10. The Ifntplo}cl Shall furnish to the Bomd such inGinnalion as the Bound may rcquile fur the udmillkil,uiun of Iltis
Agreement.
11. The ISoIml shall furnish the ifntpi,oci « ith It report melt )ear of tit(, trunsa(tiun, under this Aria Brent.
12. Nolmlhst,wdint; tnylbiiig in Ihia Arrccnww if a roromd nlcmhcr cease, 11 be cntpho)rd b} Ihr 1!1311)1,)}cI Iftcr he
Ilas :utnlncd :r„r •15 and has I "Inplcted 10 cr;Irs oP service with the llmplcNer
(a) lhr coutribctiocs held tinder this Agreement and made by 16c members ,hall rill 6c rr411116('d to the member,
and
(b) the .1n11,tIn1 of dcfcnod pension pm able under ,his Agrcrntrnt ,hall 1111 hr 1( t,, I I I II I 111r Ill iniill ill :nuou11t
prescribed Ihercfur undo', hr 1'1 Beni its Act, Itlevi.scd SI:IIIncs of OnLlrio, VA7U, Chnplct J-12,
13. Tlto B,tjId shill Protidc'I Ili Poston Com ill iesion of Oilt11io with Such it IforIII ,II ilr :Ind c.t ICU lit l ions ,I,' 111 .IN be
required unclcr'I'hc Ponsiun Bcnclils Act. Revised Slahttes of Onlal it,. 19i0, Ch.Iplez
14 The h:ntploycr doll proud(' each coocrcd mcnlbor with a wIlell r,;pl;l Motion of Ihr Ir'nn, 1nd conditions of Ihr
plan as antewlcd fl,.ITI role to tints and an espl.1uation of the rights and duties of the ntcntber with rcfcrence to the
bend tsk%Alli tunttcr do Plan.
IN WI FINHSS WI I I T D ) I ? lhis ;Iy;t cc nwiII is (,unhand by the ]),it ties hCIC10 under the hand of 111111 1aspcctItC UIIkc1s
lawfully all thmizcd in lhnt bchtdf and cotpnrmc seals respectively.
1
DATED
..
4.ntplayrr ?r
t.:
I AI.)
Ont:u'io 1\lunicipal Lngrloyecs Retirement 13uaal
DATED .. .
I,r?uiiu• IJl rrctin
(SL At,)
SCININ 1 11 "1"
UNTAR i o NUN I C I PAI, I-N? fl,lh:S Rl,T l l Hl:l,'I' SY;;'IISPI
Supplewcutury 1'.msi,ai I'lon
Municipal
1. This Supplementary Pension I'Lau is applicable co members of the (1nLa110
h:mployees Retit'enient Sy;;Lrm enq,loyed as firemen excluding; thr biro (:111cf by the
Town of Pickering, herein called the Employer, in rospe,?L of thr1r :,orvicc wiLh
the P.mhioyer and w1Lit tho 'T'ownship of 11 i_ckeri Ili; a:; a prc,loccssor cniploycr.
2. In this Plan
(a) „Act„ means 1'hc On Lario Plunicipnl Employecr; kcLirrmonl System ACL, It.5.U,
1970, c. 324 as amviWcd;
(b) "Agreenient" me:uts the agreement made or to be made uu(ler section 23 of
the Regulation for (:he purpose of carrying; out this
(c) "nveragu oil rniinvans the .iveral;c carninl,n; of :i c„vrrod mun.b,•V (Iuring;
L110 flue )'care; of January 1971. ro Dccen;bcr 1975 inclusive in tt;;pr•cC ol:
his service t.o which Lhis Pilau is applicable;
(d) "basic punsion" of a covered member n:caos t-lie pen>;iun payable uudrr Se, LiotlS
12, 13, 14 and li of (lie Ref;ulation in respccL of his conLr ihulrny ua nrfnys
under the Regulation;
(e) 'covered member" mcaas an employee of the 1{raployur who in a ricrlbrr of Llia
System on the effective (!.ite aiul whose name is li_Stcd oa Appcudi:t A;
(f) "deferred pension" means a pension payable under Lhi:; I'1all Lo n lormvr
employee conmlenciug on Lbo day following Iii:; normal rcf-iremcuL dal-c;
(g) "earning:;" of a covered member means hi _s re?rmnmrat ion 1 n)ni the V'.n:p loycr
on which a con Lribut ion is payable under Section 9 of Lho Rcl;ula Lion
cXCiudi.al; ally p:rymcnty in 1i.011 of sick IlaVe;
(h) "offecLive dote" of Lhi.s Ilan tucans January 1, 1976 rind Ilia 1) 1:111 yral'
shall end On DU CUMbcr iI of oaulr year Llle] -CaLol ;
W "normal reLiremout date" of a covered member nhfanS the Last day of the
month in which he aLtaine: his 60th bi.rthday;
( j ) "Plan" mcaut; Luis SuPp 1"u;on(my Pvn:;iuu PI:m :,tul ",tpin„vk,d pow; i„?, 1,1'111"
mean:; a 1",nsioil plan hint has. been esLnlbIi!;1W(I by it mu,iiril?rilily (1r 1OC,II
board undat' any grucral or SI)CCisl ALL of the II-jjsl,LLurc of 011ta1 io;
(k) "prior t,r.rvicc np,rcrm,•nl_" un•tuts au al;rccmouL 011lcrcd into nndrr ?rcLlon
21 of the Itc.i,ukiL ion;
(1) "Rcl;u 1 uti on" meaiic; (lntlIi0 Kc•gu gat io;, It56, 19 15 inrl(III iug, an,, n?lia?•nt !roni
-2-
WO Lo time;
(m) "service" of , covuro,l mambur own". his coploynn•nL to which this Plan is
applicab.Le as prescribed in section 1, and it Shall be Kcmd that the
"continuous service" A a covered member has not beam broken by absence
K) on leave with pay, or
(ii) due to service in the Armed Forces -A Lo reLnrns to cmpluymnut
by Lhe Employer immediately following such service or within
such period of LOU as may be prescribed by Puy applicable
law, or
(.iii) due to sickness or for any reason approved by We Employer,
and "c'red.Ued service" has the meaning given Lea it in section 5 of this
Plan;
(u) service dare of a covered member means the dale on which his crcdited
service commences, but in no case shall the service Are be Into than
Lhe date of enrolment of the member in t.Lu Sy;;l.om as in employee of
the Employer;
(o) "total and permanent. disabjliLy" means total and permanent disabLliLy as
defined in the RuEulaU-on;
(p) "Year's Maximum Pensionable Earnings" means the 'fear's Maximum Pensionable
Earnings as defined in the Canada Pension flan.
3. This Plan shall- be applicable Co Lhu covered members listed on Appendix A.
4. (a) No contributions shall be payable to Chis flan by a covered member.
(b) The Employer shall Contribute to this flan sink nu;uunt; as may b„
required to provide for paymont of Lhc bencfiLs of this Plan and the
contributions Lo be made in any year shall nor be legs than Lhc amount.
required to be paid in the year under The Pension hcnel-its Ac L, R.SW.
1970, c. 342 as amnpndvd.
5. The credited service of a covered member shall consist. of
(a) his continuous service, prior to the effective date of this Plan, for
which We contributions required rn be wade by the nrmber nndcr srCLiun
9 of the Wgulnl ion have Kwu tuudtt and have ant b"en 1"tkul '-d' Su A
(b) his continuous service imuodk Lely before the effective data of partici-
pation of An Employer in the System excluding any such service
(i) for which a contribution made by Che m-mba=r to :nf appruvrd
pension plan ur to a prior service agvvruynL I," been
refunded, or
(ii) for which the member was untitled to cake a ctnttribution to
an approved puns! on pLan or to a prior service ngrrumunt
and failed to do so.
6. The annual amount of pcns;fou nL the credit of a covered mcmhur under this Plan
shall be 2% of his IVPV090 earnings muitihlied by We nuudtcr of yvain and
fractional years of his crvdiLed :service Up to a maximum of 35 years reduced by
(a) 0.7% of the lesser of such average earn.Lugs or $6,533 muLtiplied
by the number of years of his credited service before the ulfeet We
date of this agreement- and after January I, 1966 up to a Maximum of
35 years, and
(b) the annual amount of pension payable to Ube member under section 12
of the Regulation in respect of his contributory e.uninly fur crtdi tcd
service up to that time, and
(c) the annual amount of pension payable to the mcmbOr under a prior service
agreement or an approved pension plan commencing on his retirement on or
alter his normal retirement date as defined in this flan excluding the
annual amount of pension purchased by voluntary contributions made by
the member under an approved pension plan
and the Appendix; nttnched shows the amount of pension under thi!t I'lan It Liie
credit of oath member provided that the amount of pension uC the credit of n
covered member under this Plan shall not be more than the amount. prescribed
under section 250(4) of Thu Municipal Act, R.S.O. 1970, c. 284 as aacnded.
7. Each covered member who rvtfres from the service of the Employoc
(a) on or after his normal rctirumunt date, or
(b) due to total and permanent disability and is entittcd to a pension
under section 11 of the Regulation
shall be entitled to receive the pension at his credit under this flan commencing
on the first clay of the mouth next following his rut_frcmeut but not before the
commencement of his basic pension.
8. Every covered member whn uvNst
retirement date and is not cut:
(a) if he has attained age 45
service, be entitled to a
credit under this flan nt
to he employed by the Employer before his n,unta
tied to a pension under suction 7 shall
and has Completed 10 years of continuuns
deferred pension etluAl to the p(nsion it ltin
the unto of termination of his setviro, or
(b) if he has not attained age 45 or hu. not completed 10 ycais of conLiuuuus
service, be eutiLlod to a deferred pcosion equal to the ore.iou it hia
credit under this PI_nu at the date of termination of his service un Wa
he elects a refund of his contributions wade under section 9 01 the
Regulation in respect of his basic benefits in which cNnu he shall
cease to have any rights under this Plan
provided Chat 1f the member elects and receives an early retIIument pension under
section 15 of the Acgulaticrn his deferred puns full under rnlbparah,raph (a) or (b)
above shall be payable coincident with such early rvtirVmrnL pPnsicni in an amount
which is acLuarially cyu_ivuluur to Lhe deferred pension.
9. Subject to section ti, every pension payable to a covered member under sm 1 on 7 or
8 shall be payable in monthly instalments for his life coincident with the payment
of his basic pension provided that a total and Bern ucont WalliIf ty pension under
section 7(b) may be suspcndcd during any period of time holore his normal retire-
ment date that he is nut totally and permanently disAN&
10. If on the AM of a covered member a pension is payable to his spouse in respect
of his basic pension, the spouse shall be entitled until death or remarriage to
one-half of the pension that was payable to the member or was at his credit under
section 6 imnedintcly before his death, provided that the pension Payable Lo 1110
spouse
(a) shall be reduced by 2 J/2L for each year that the Spouse is MOM than
10 years younger than the deceased member, and
(b) shall be increased by ono-fifth in respect of uarh child of the deceased
member who is under the age of 18 years or 2l yenrs if aLLend ing au
educational institution on a full time basis but in no event shall the
total amount of such increase exceed 25'% A the pcusiou payable to the
member under this Plan.
11. If on the death or remorri_nge of a spouse who is receiving a pensLun in respect
of a covered member under section 10 or on the death of a member who dues not
leave a spouse entitled to a pension under section 10, there a child or
children A the ummher nudrr the ar,e or IS years or 11 year: if altrndingNil
educational institution on a furl time. basis, the child or children shall be
entitled while under the age of 1S years or 21 years if attending an educational
lnsi-LULion on a full l ime basis to one--half of Ili, [1, 1:,ion IhaL was to
the member or was at his credit under secl.ion 6 ju.maM tH y before his death.
12, If on the death of n cuvurcd member o; ?ni the expirat_ion of a poneiuH ender
section 10 or 11 there is no person who is onlitled to ,i pension undo s, tion
10 or 11 in respect of the wombcr, an amount, if any, vquol to the eon Lrihutiuus
made by the member under this Plan, plus interest, L'ss any pension alrcndy paid
to the member, his spuuse or children, will he leluuNd to the perSOH who is
entitled to a reCund in respect of his basic benrliLs.
13. Interest on the conlrihutions to he refunded under this flan shall he compuLed
in the manner prescribed in section 18 of the Regulation.
14. (a) The contributions made by a covered member under this Plan shall not he
withdrawn in whole or in part while the member remains an cm:pluvve of
the Employer.
(b) The interest of a person in this Plan and in any benefit payahlc under
this Plow is not subjecL to gars LshmenL, aLtachmeN , seizure, or OLK01-
process of law, and is not assignable.
15. The Employer shall provide every covered member with a copy or cmplanntion of
this Plan.
16. Subject to any collective agreements to the contrary, tho Employer may by by-law
or resolution amend or discuntinne this Plan ur any p,u'L thereon wi th respect to
his employees provided that any such am endment or discontinuance is noL in-
consistent wit h the Ruguldk ou and The Pension henulits Act, R.S.u, 1970, c. 342
as amended, an d that any such amendment or discont Monve sha11 not reduce the
benefits of a covered member in respect of his Korvico hPloi?c thy, a r.andnc ; or
discontinuance .
AITFd 11V ''A''
SUPI'I,1(PI P: N'I'AAIa I'C: P;SI?PJ PLAN
for Lhe I i Ucnicn of
'111e Town of Pickvrin},
TJOGPI,ll, ItI"fLRP;?IP:IJ'I' AGE: 60
Name Scx _ Da to ?,I B i I t I I Aiiuu.il I'ccr;ior,
---------- ---'----- -
Glendinning, .1. A. ,i 24 05 21 S1 '1 l32
Gordon, 11. A. N 13 02 29 264
Morgan, R. J. M Z] 03 3?i 309
Smith, D. C. M 07 06 'S 58
Wilson, G. 11. 111 1l J0 Z}i 13J