Application of Municipal Act
24. (1) Sections 92 and 94, subsections 96 (4) and (5), sections 98 and 117 and paragraphs 46, 47 and 48 of section 207 of the Municipal Act apply with necessary modifications to the Metropolitan Corporation. Costs of local board, etc., in any proceeding (2) Despite any other Act, in any proceeding to which a local board of the Metropolitan Corporation or any other body established by or under this Act is a party, costs adjudged to the local board or other body shall not be disallowed or reduced merely because the solicitor or the counsel who earned such costs, or in respect of whose services the costs are charged, was a salaried officer of such board or other body or of the Metropolitan Corporation performing such services in the discharge of his or her duty and remunerated therefor by his or her salary or for that or for any other reason was not entitled to recover any costs from the local board or other body in respect of the services so rendered and the costs recovered by or on behalf of the local board or other body in any such case shall be paid into the general funds of the local board or other body or of the Metropolitan Corporation. Pensions (3) In addition to its powers in subsection (1), the Metropolitan Council may pass by-laws for providing pensions for employees, or any class thereof, and their spouses and children. Definition (a) In this subsection, “employee” means any salaried officer, clerk, worker, servant or other person in the employ of the Metropolitan Corporation or any local board thereof, or of any area municipality or local board thereof, or of the Toronto and York Roads Commission, and includes a member of the Metropolitan Police Force and any person designated as an employee by the Minister. Two-thirds vote required (b) No by-law establishing a pension plan or a by-law amending such a by-law shall be passed by the Metropolitan Council under this subsection except on an affirmative vote of at least two-thirds of the Metropolitan Council present and voting thereon. Agreement necessary (c) A local board of the Metropolitan Corporation, an area municipality, a local board of an area municipality or the Toronto and York Roads Commission may enter into an agreement with the Metropolitan Corporation providing that a pension plan established under this subsection shall be applicable to employees or any class thereof of such local board, area municipality or the Toronto and York Roads Commission and such agreement may provide for the incorporation of the plan of an area municipality, local board or the Toronto and York Roads Commission with the plan established under this subsection and for the transfer of any credits or assets from one plan to the other, but no pension plan established under this subsection applies to an employee of a local board, area municipality or the Toronto and York Roads Commission unless such an agreement has been entered into. Deductions from salary, etc. (d) Where a pension plan established under this subsection is applicable to an employee of a local board of the Metropolitan Corporation or an employee of an area municipality or a local board thereof or the Toronto and York Roads Commission, the local board, area municipality or the Toronto and York Roads Commission, as the case may be, shall deduct, by instalments from the salary, wages or other remuneration of each employee to whom the by-law is applicable, the amount that such employee is required to pay in accordance with the plan and shall pay the amounts deducted to the treasurer of the Metropolitan Corporation. Employer contributions (e) Where a pension plan established under this subsection is applicable to an employee of a local board of the Metropolitan Corporation or an employee of an area municipality or a local board thereof or the Toronto and York Roads Commission, the local board or area municipality or the Toronto and York Roads Commission shall pay to the treasurer of the Metropolitan Corporation the employer contributions in respect of such employee in accordance with the plan. Funds deemed bodies corporate (4) The Metropolitan Toronto Pension Plan and the Metropolitan Toronto Police Benefit Fund established by the Metropolitan Council pursuant to this Act, shall, for the purposes only of acquiring, holding and disposing of land in their respective names to carry out the objects of the Plan and Fund, be deemed to be bodies corporate. Pensions (5) Where the Metropolitan Corporation or a local board thereof employs a person theretofore employed by an area municipality or a local board thereof, a local board of the Metropolitan Corporation, the County of York or the Toronto and York Roads Commission, the employee shall be deemed to remain an employee of the area municipality or local board or of the County of York or the Toronto and York Roads Commission for the purposes of any pension plan of such area municipality or local board or of the County of York or the Toronto and York Roads Commission, and shall continue to be entitled to all rights and benefits thereunder as if he or she had remained as an employee of the area municipality or local board or of the County of York or the Toronto and York Roads Commission, until the Metropolitan Corporation has provided a pension plan for its employees and such employee has elected, in writing, to participate therein or the local board of the Metropolitan Corporation has entered into an agreement under clause (3) (c). Idem (6) Until such election or an agreement has been entered into under clause (3) (c), the Metropolitan Corporation or local board thereof shall deduct by instalments from the remuneration of the employee the amount that such employee is required to pay in accordance with the plan of the area municipality or local board or of the County of York or the Toronto and York Roads Commission and the Metropolitan Corporation or local board thereof shall pay to the area municipality or local board or to the County of York or the Toronto and York Roads Commission in instalments, (a) the amounts so deducted; (b) the future service contributions payable under the plan by the area municipality or local board or by the County of York or the Toronto and York Roads Commission. Improved pension benefits (7) Where a pension plan of an area municipality or of a local board thereof or of the County of York or of the Toronto and York Roads Commission is amended to improve the pension benefits under the plan, the cost of such improvements in respect of an employee who on the day such pension plan is so amended is contributing under subsection (6) to the pension plan, shall, in respect of the service of the employee while employed by the Metropolitan Corporation or by a local board thereof, be determined by the actuary of the plan that is amended, after taking into consideration any excess of the assets of the pension plan over the actuarial liabilities of the plan immediately prior to the amendment, and the cost, except that portion, if any, that is payable by the employee, shall be payable by the Metropolitan Corporation or by a local board thereof over such period of time, subject to the Pension Benefits Act, as may be agreed upon by the municipalities or local boards affected. Idem (8) Where the Metropolitan Corporation or a local board thereof does not accept the amount of the actuarial liability determined as provided for in subsection (7) or the period of time in which the cost mentioned in subsection (7) is payable, the municipalities or local boards affected shall appoint an actuary whose opinion on the matter shall be final and binding and, if such municipalities or local boards cannot agree on the appointment of an actuary, the Ministry shall appoint an actuary whose opinion on the matter shall be final and binding. Accrued benefits under former plan (9) Upon such election or upon such an agreement being entered into and such an employee becoming a member of the pension plan established by the Metropolitan Corporation, the employee or his or her beneficiaries are entitled on termination of the employee’s services with the Metropolitan Corporation or a local board thereof to all benefits under the pension plan of the area municipality, or of a local board, or of the County of York or of the Toronto and York Roads Commission accrued up to the date of his or her becoming a member of the Metropolitan Corporation pension plan, and the employee’s employment by and service with the Metropolitan Corporation or a local board thereof shall be deemed to be employment by and service with the respective area municipality, or local board, or the County of York or the Toronto and York Roads Commission for the purpose of determining eligibility for any such accrued benefits. Transfer of funds to Metropolitan Toronto plan (10) An employee who has become a member of the pension plan of the Metropolitan Corporation or of a local board thereof in accordance with subsection (5) is entitled to elect a transfer of a sum of money to such pension plan from the pension plan of an area municipality or of a local board thereof or of the County of York or of the Toronto and York Roads Commission, in accordance with subsection 117 (5) of the Municipal Act, whether or not such an employee is entitled to a refund from the pension plan of his or her contributions plus any interest thereon and, on the transfer of such a sum of money, the employee and his or her beneficiaries shall cease to have any rights under the pension plan of the area municipality or the local board thereof or of the County of York or of the Toronto and York Roads Commission. Idem (11) Where an employee elects a transfer of a sum of money under subsection (10), the sum of money shall be transferred on the termination of the service of the employee with the Metropolitan Corporation or a local board thereof or, at the option of the area municipality or of a local board thereof or of the County of York or of the Toronto and York Roads Commission, at an earlier date. Sick leave credits (12) Where the Metropolitan Corporation or local board thereof employs a person theretofore employed by an area municipality or local board thereof or a local board of the Metropolitan Corporation or by the County of York or the Toronto and York Roads Commission, the employee shall be deemed to remain an employee of the area municipality or local board or of the County of York or the Toronto and York Roads Commission for the purposes of any sick leave credit plan of the area municipality, local board, the County of York or the Toronto and York Roads Commission until the Metropolitan Corporation or local board thereof has established a sick leave credit plan for its employees, whereupon the Metropolitan Corporation or local board thereof shall place to the credit of the employee the sick leave credits standing to his or her credit in the plan of the area municipality or local board or of the County of York or the Toronto and York Roads Commission. Holidays (13) Where the Metropolitan Corporation or local board thereof employs a person theretofore employed by an area municipality or local board thereof or a local board of the Metropolitan Corporation or by the County of York or the Toronto and York Roads Commission, the Metropolitan Corporation or local board thereof shall, during the first year of his or her employment by the Metropolitan Corporation or local board thereof, provide for such employee’s holidays with pay equivalent to those to which he or she would have been entitled if he or she had remained in the employment of the area municipality or local board or of the County of York or the Toronto and York Roads Commission. Application of OMERS to transfer of employment to Metropolitan Corporation or area municipality (14) A person who was employed by an area municipality or a local board thereof before the 1st day of January, 1967, and who is employed by the Metropolitan Corporation or a local board thereof or by an area municipality or a local board thereof, without intervening employment, shall not be deemed to be a person who enters the employ of an employer within the meaning of clause 9 (1) (a) of the Ontario Municipal Employees Retirement System Act. R.S.O. 1990, c. M.62, s. 24.