PART I INTERPRETATION
 47. (1) Pension benefits provided by the following pension plans are not guaranteed by the Guarantee Fund and are exempted from subsection 18 (7) and sections 30 and 37: 1.  The Improved Retirement Plan for the Employees of The Corporation of the City of Chatham. 2.  The City of Etobicoke Pension Plan. 3.  The Town of Gananoque Employees Pension Plan. 4.  The Corporation of the City of Hamilton Municipal Retirement Fund. 5.  The Hamilton-Wentworth Retirement Fund. 6.  The Corporation of the City of Kitchener Pension Plan for Fire Department Employees. 7.  Revoked:  O. Reg. 386/04, s. 9 (1). 8.  The Corporation of the City of North Bay Employees’ Pension Plan. 8.1  The Registered Pension Plan for Employees of The Township of North Glengarry. 9.  Revoked:  O. Reg. 413/07, s. 5. 10.  The Ontario Public Service Employees’ Union Pension Plan. 11.  The Corporation of the City of Oshawa Employees’ Pension Plan. 12.  The City of Ottawa Superannuation Fund. 12.1  Public Service Pension Plan. 13.  The Corporation of the Town of Tillsonburg Employees Pension Plan. 14.  The Metropolitan Toronto Pension Plan. 15.  The Municipality of Metropolitan Toronto Police Benefit Fund. 16.  The Toronto Civic Employees Pension and Benefit Fund. 17.  The Toronto Fire Department Superannuation and Benefit Fund. 18.  The Corporation of the City of York Employee Pension Plan. 19.  The Hamilton Street Railway Pension Plan (1994). O. Reg. 73/95, s. 8 (1); O. Reg. 386/04, s. 9; O. Reg. 413/07, s. 5; O. Reg. 395/15, s. 1. (2) The following pension benefits and ancillary benefits are not guaranteed by the Guarantee Fund: 1.  Consent benefits, other than funded consent benefits. 2.  Special allowances, other than funded special allowances. 3.  Prospective benefit increases. 4.  Escalated adjustments. 5.  Potential early retirement window benefit values. 6.  Plant closure benefits, other than plant closure benefits for which a member has met the age and service eligibility requirements. 7.  Permanent layoff benefits, other than permanent layoff benefits for which a member has met the age and service eligibility requirements.  O. Reg. 712/92, s. 25 (1); O. Reg. 178/12, s. 45 (1). (2.1) The following are prescribed classes of pension plans for the purposes of paragraph 6 of section 85 of the Act: 1.  Designated plans. 1.1  Individual pension plans. 2.  Pension plans for a period of five years following the time at which they cease to be designated plans or individual pension plans. 3.  Jointly sponsored pension plans.  O. Reg. 73/95, s. 8 (2); O. Reg. 116/06, s. 20; O. Reg. 178/12, s. 45 (2, 3). (3) The following pension plans are exempted from the application of the Act and the regulations: 1.  The Legislative Assembly Retirement Allowances Act. 1.1  The MPPs Pension Act, 1996. 2.  The pension plan set out in Part II of Ontario Regulation 290/13 (Pensions and Survivor Allowances for Provincial Judges) made under the Courts of Justice Act
and the supplemental pension plan set out in Part III of that Regulation. 2.1  The non-registered supplemental pension plan for Justices of the Peace established by Order in Council 1902/09. 2.2  The non-registered supplemental pension plan for Associate Judges established by Order in Council 515/2017. 3.  Pension plans under which annual retirement allowances are granted or purportedly granted under section 98 of the Municipal Act or section 179 of the Education Act. 4.  A profit-sharing plan that was accepted for registration by the Minister of National Revenue for Canada before the 1st day of January, 1965 under the Income Tax Act (Canada) and that provided at the time of such acceptance that each member may take the member’s entire interest in the plan in a cash sum when the member ceases to be an employee whether by retirement or other termination of employment and that was exempted from the application of the Pension Benefits Act, being chapter 373 of the Revised Statutes of Ontario, 1980. 5.  A retirement compensation arrangement as defined in subsection 248 (1) of the Income Tax Act
(Canada). 6.  A plan that provides only benefits that exceed the maximum benefit limits applicable to a pension plan that is registered under the Income Tax Act (Canada). 7.  A plan that permits only contributions that are in excess of the maximum contribution limit applicable to a pension plan that is registered under the Income Tax Act (Canada). R.R.O. 1990, Reg. 909, s. 47 (3); O. Reg. 69/92, s. 1; O. Reg. 665/94, s. 3 (1); O. Reg. 504/96, s. 1; O. Reg. 477/09, s. 1; O. Reg. 291/13, s. 1; O. Reg. 69/17, s. 1; O. Reg. 596/21, s. 1. (4) Every employer who, on January 1, 1988, maintained a pension plan that provides defined benefits is exempt from subsection 19 (1) of the Pension Benefits Act, 1987 for the period ending December 31, 1994.  O. Reg. 785/93, s. 1. (5) The parties to a collective agreement or arbitration award governing a pension plan described in subsection 19 (2) of the Pension Benefits Act, 1987 that provides defined benefits are exempt from that subsection for the period ending December 31, 1994.  O. Reg. 785/93, s. 1. (6) Revoked:  O. Reg. 760/91, s. 1 (2). (7) The administrator of a pension plan is exempt from the following provisions with respect to benefits provided under qualifying annuity contracts: 1.  Section 42 of the Act. 2.  Section 24 of this Regulation.  O. Reg. 712/92, s. 25 (2); O. Reg. 49/17, s. 7. (7.1) The administrator of a pension plan need not comply with section 14 with respect to a plan under which all benefits are provided under qualifying annuity contracts.  O. Reg. 712/92, s. 25 (2). (8) Revoked:  O. Reg. 760/91, s. 1 (4). (9), (10) Revoked:  O. Reg. 178/12, s. 45 (4). (11) Subject to subsection (12), subsection 14 (1) of the Act does not apply to a pension plan with respect to an amendment that is required to avoid revocation of registration of the pension plan under the Income Tax Act (Canada).  O. Reg. 665/94, s. 3 (2). (12) Subsection (11) does not apply with respect to an amendment unless, at least 60 days before the amendment is effective, the administrator of the pension plan gives the Chief Executive Officer notice of the amendment together with evidence that the amendment is required to avoid revocation of registration of the pension plan under the Income Tax Act (Canada).  O. Reg. 665/94, s. 3 (2); O. Reg. 149/19, s. 1. (13) Subject to subsection (14), subsection 63 (1) of the Act does not apply to a refund of contributions to a member, former member or retired member of a pension plan if the refund is required to avoid revocation of registration of the pension plan under the Income Tax Act (Canada).  O. Reg. 665/94, s. 3 (2); O. Reg. 178/12, s. 45 (5). (14) Subsection (13) does not apply with respect to a refund unless, at least 60 days before the refund is made, the administrator of the pension plan gives the Chief Executive Officer notice of the refund together with evidence that the refund is required to avoid revocation of registration of the pension plan under the Income Tax Act (Canada).  O. Reg. 665/94, s. 3 (2); O. Reg. 149/19, s. 1. (15) Subject to subsection (16), subsection 78 (1) of the Act does not apply to a pension fund with respect to a payment of money to an employer if the payment is required to avoid revocation of registration of the pension plan under the Income Tax Act (Canada).  O. Reg. 665/94, s. 3 (2). (16) Subsection (15) does not apply with respect to a payment unless, at least 60 days before the payment is made, the administrator of the pension plan gives the Chief Executive Officer notice of the payment together with evidence that the payment is required to avoid revocation of registration of the pension plan under the Income Tax Act (Canada).  O. Reg. 665/94, s. 3 (2); O. Reg. 149/19, s. 1.