jswizzle3737/ontario_laws_and_regs huggingface dataset:
Contributions
 41.16 (1) The Minister shall ensure that, in respect of each calendar year of service, the portion of each judge’s pension contributions determined in accordance with subsection 27 (1) that exceeds the dollar limit for pension plan contributions under the Federal Tax Act is contributed to the Supplemental RCA Account. O. Reg. 347/19, s. 23. (2) The Minister shall contribute to the Supplemental RCA Account, in respect of each calendar year, an amount that is equal to the amount described in subsection (1) in respect of each judge. O. Reg. 347/19, s. 23. (3) The Minister may also contribute to the Supplemental RCA Account, in each calendar year, an amount that is no more than the cost of funding the pension benefits accrued under Parts II, II.1 and III in that calendar year. O. Reg. 347/19, s. 23. (4) The amount required under subsection (3) shall be determined in accordance with the supplemental RCA pension plan’s most recent actuarial valuation. O. Reg. 347/19, s. 23.
Refunds
 41.17 (1) Where a judge or the personal representative of a judge is entitled to a refund of the judge’s contributions under Part II, the judge or personal representative shall also be entitled to a refund of the judge’s contributions held in the Supplemental RCA Account together with interest calculated and payable in accordance with section 65 as if such contributions had been contributions under Part II. O. Reg. 347/19, s. 23. (2) The amount otherwise payable under subsection (1) shall be reduced by the sum of, (a)  the supplemental RCA pension payments, if any, made under this Part to the judge; and (b)  interest on each supplemental RCA pension payment from the date on which the payment is made to the date on which the refund is paid. O. Reg. 347/19, s. 23. Family Law Matters
Family law matters
 41.18 (1) In this section, a reference to a spouse means, where circumstances require, a former spouse. O. Reg. 347/19, s. 23. (2) Section 67.2 of the Pension Benefits Act applies with necessary modifications to the determination of the imputed value, for family law purposes, of a spouse’s interest in a supplemental RCA pension plan under this Part, and the provision of a statement of that value. O. Reg. 347/19, s. 23. (3) A spouse is eligible to apply for an immediate transfer of a lump sum from the supplemental RCA pension plan if all of the circumstances listed in subsection 67.3 (1) of the Pension Benefits Act exist and, for the purpose, section 67.3 of that Act applies with necessary modifications. O. Reg. 347/19, s. 23. (4) For greater certainty, a lump sum from the supplemental RCA pension plan may only be transferred in accordance with subsection 67.3 (7) of the Pension Benefits Act. O. Reg. 347/19, s. 23. (5) A spouse is eligible to apply for the division of the supplemental RCA pension and for the payment of the spouse’s share to him or her if all of the circumstances listed in subsection 67.4 (1) of the Pension Benefits Act exist and, for the purpose, section 67.4 of that Act applies with necessary modifications. O. Reg. 347/19, s. 23. (6) Any order made under Part I (Family Property) of the Family Law Act, family arbitration award or domestic contract respecting the division of the supplemental RCA pension is subject to the application of section 67.5 or 67.6 of the Pension Benefits Act, as appropriate, with necessary modifications, including that a reference in one of those sections to the date on which the section comes into force shall be read as a reference to March 16, 2016. O. Reg. 347/19, s. 23. (7) For the purposes of this section, (a)  a reference in sections 67.2 to 67.6 of the Pension Benefits Act to the administrator of a pension plan shall be read as a reference to the Provincial Judges Pension Board; and (b)  the references to sections 67.2 to 67.6 of the Pension Benefits Act shall be read as including the definitions of the terms used in those sections under that Act, except as otherwise provided by this Regulation. O. Reg. 347/19, s. 23. Part III   Supplemental pension plan General
PART III SUPPLEMENTAL PENSION PLAN
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Purpose
 42. The primary purpose of this Part is to provide eligible judges whose pension benefits under Part II are limited by the Federal Tax Act or Federal Tax Regulations with the portion of their supplemental pension and their supplemental survivor allowance that is not paid from the supplemental RCA pension plan under Part II.1 to be paid following their retirement from full-time service as judges. O. Reg. 347/19, s. 25.
Definitions
 43. In this Part,  “child” includes, (a)  a person of whom a judge is a legal parent, and (b)  a person whom a judge has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the person is placed for valuable consideration in a foster home by someone having lawful custody; “spouse” means, (a)  a spouse as defined in section 1 of the Family Law Act, or (b)  either of two persons who have lived together in a conjugal relationship outside marriage, (i)  continuously for a period of not less than three years, or (ii)  in a relationship of some permanence, if they are the natural or adoptive parents of a child or have demonstrated a settled intention to treat a child as a child of their family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody. O. Reg. 290/13, s. 43.
Service after 1991
 44. A right under this Part to a supplemental pension or supplemental survivor allowance is only in respect of service on or after January 1, 1992. O. Reg. 290/13, s. 44.
Only one supplemental pension or survivor allowance per month
 45. No person is entitled to payment of more than one supplemental pension or more than one supplemental survivor allowance under this Part during the same month. O. Reg. 290/13, s. 45. Supplemental Pensions
Supplemental Pensions
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Entitlement to supplemental pension
 46. (1) A judge who is entitled to a pension under section 5, 7 or 9 is entitled to a supplemental pension under this Part equal to the amount that would be payable to the judge under the section if the pension were determined without regard to the defined benefit limit or maximum benefit limit, reduced by the amount that is actually payable to the judge under Parts II and II.1. O. Reg. 290/13, s. 46 (1); O. Reg. 347/19, s. 26 (1). (2) A judge who is entitled to a pension under subsection 8 (1) is entitled to a supplemental pension under this Part equal to the amount that would be payable to the judge under that subsection if the judge had continued in office on a full-time basis until the judge attained 75 years of age and if the pension were determined without regard to the defined benefit limit or maximum benefit limit, reduced by the amount that is actually payable to the judge under Parts II and II.1. O. Reg. 290/13, s. 46 (2); O. Reg. 347/19, s. 26 (2). (3) A judge who is entitled to a pension under sections 33 to 37 or 40 is entitled to a supplemental pension under this Part equal to the amount that would be payable to the judge under the section if the pension were determined without regard to the defined benefit limit or maximum benefit limit, reduced by the amount that is actually payable to the judge under Parts II and II.1. O. Reg. 290/13, s. 46 (3); O. Reg. 347/19, s. 26 (3).
Supplemental pension for judge refused approval to continue in office
 47. (1) A judge who is refused the approval of the Chief Justice to continue in office is entitled to a supplemental pension under this Part during his or her lifetime, if the Ontario Judicial Council expresses the opinion that the approval should not have been refused. O. Reg. 290/13, s. 47 (1). (2) The annual amount of the supplemental pension referred to in subsection (1) is equal to the annual amount of the pension the judge would have received if the judge had continued in office on a full-time basis from the date of the refusal until the judge attained 75 years, reduced by the annual amount of the pension payable to the judge under Parts II and II.1. O. Reg. 290/13, s. 47 (2); O. Reg. 347/19, s. 27.
Supplemental pension required by LG in C
 48. If a judge who does not meet the basic service requirement or, if appointed to office after attaining 60 years of age, has not attained 70 years of age, ceases to hold office and the Lieutenant Governor in Council is of the opinion that the ceasing to hold office was conducive to the better administration of justice, the Lieutenant Governor in Council may require the Provincial Judges Pension Board to authorize payment under this Part to the judge, (a)  of an amount specified by the Lieutenant Governor in Council in addition to the refund of contributions to which the judge is entitled under Parts II and II.1; or (b)  of a supplemental pension during the judge’s lifetime in such initial annual amount as is specified by the Lieutenant Governor in Council, in addition to any pension that is payable to the judge under Parts II and II.1. O. Reg. 290/13, s. 48; O. Reg. 347/19, s. 28.
Terms, commencement and termination of supplemental pension
 49. (1) If a person is entitled to a pension under Part II and to a supplemental pension under this Part, the supplemental pension shall be paid to the person in the same form and have the same terms, conditions, commencement date and termination date as the pension under Part II. O. Reg. 290/13, s. 49 (1). (2) If a person is entitled to a supplemental pension under this Part but not to a pension under Part II, the supplemental pension shall be paid to the person in the form and have the terms, conditions, commencement date and termination date that would have applied to a pension under Part II had the person been entitled to such a pension. O. Reg. 290/13, s. 49 (2). (3) A supplemental pension payable to a person under this Part shall continue for the lifetime of the person. O. Reg. 290/13, s. 49 (3). 50. Revoked: O. Reg. 347/19, s. 29.
Time credited as full-time service
 51. (1) For the purpose of the calculation of a supplemental pension under this Part, the following periods of time shall be credited to a judge as full-time service, whether or not the periods would qualify as full-time service under section 8500 or 8507 of the Federal Tax Regulations: 1.  For a judge who is entitled to a pension under subsection 7 (1), i.  periods of time during which the judge is on a leave of absence with pay, ii.  periods of time during which the judge is on pregnancy or parental leave without pay, and iii.  periods of time during which the judge is receiving benefits under the Long Term Income Protection Plan. 2.  For a judge who is not entitled to a pension under subsection 7 (1), i.  periods of time during which the judge who is less than 65 years of age is on a leave of absence with pay, ii.  periods of time during which the judge who is less than 65 years of age is on pregnancy or parental leave without pay, and iii.  periods of time during which the judge is receiving benefits under the Long Term Income Protection Plan. 3.  Periods of full-time service served by the judge after the last month in the calendar year in which the judge attained 71 years of age. O. Reg. 290/13, s. 51 (1). (2) A period of time credited to a judge under subsection (1) shall be reduced by any period already credited to the judge under section 7 or 10. O. Reg. 290/13, s. 51 (2). Supplemental Survivor Allowances
Supplemental Survivor Allowances
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Spouse’s entitlement to supplemental survivor allowance
 52. (1) A spouse who is entitled to a survivor allowance under subsection 15 (1) is entitled to a supplemental survivor allowance under this Part equal to the amount of the survivor allowance that would be payable under subsection 15 (2) if the judge had continued in office on a full-time basis until the judge attained 75 years of age and if the judge’s pension were determined without regard to the maximum benefit limit, reduced by the amount that is actually payable to the spouse under Parts II and II.1 in respect of a survivor allowance. O. Reg. 290/13, s. 52 (1); O. Reg. 347/19, s. 30 (1). (2) A spouse who is entitled to a survivor allowance under subsection 16 (1) is entitled to a supplemental survivor allowance under this Part equal to the amount that would be payable under that subsection if the survivor allowance were determined without regard to the defined benefit limit or maximum benefit limit, reduced by the amount that is actually payable under Parts II and II.1 in respect of a survivor allowance. O. Reg. 290/13, s. 52 (2); O. Reg. 347/19, s. 30 (2). (3) If a spouse as defined in this Part is not entitled to a survivor allowance under Part II and a supplemental RCA survivor allowance under Part II.1 solely because he or she is not a spouse as defined in those Parts, and there is no other spouse receiving a survivor allowance under those Parts, the spouse is entitled to a supplemental survivor allowance under this Part that is equal to the amount he or she would be entitled to under Part II if he or she were a spouse as defined in that Part and without regard to the defined benefit limit or maximum benefit limit. O. Reg. 347/19, s. 30 (3). (4) Only one spouse of a person may receive a survivor allowance under this Part. O. Reg. 290/13, s. 52 (4).
Supplemental survivor allowance required by LG in C
 54. (1) The Lieutenant Governor in Council may require the Provincial Judges Pension Board to authorize payment under this Part of a supplemental survivor allowance, in addition to any survivor allowance or supplemental RCA survivor allowance that may be payable under Part II and Part II.1, in such initial annual amount as is specified by the Lieutenant Governor in Council, to the spouse or child or children of a deceased person in respect of whom the Lieutenant Governor in Council could have required the Board to authorize a supplemental pension under section 48 while the person was alive. O. Reg. 347/19, s. 32 (1). (2) If the Lieutenant Governor in Council requires the Provincial Judges Pension Board to authorize payment of a supplemental survivor allowance under this section to a spouse, (a)  the supplemental survivor allowance continues during the spouse’s lifetime; and (b)  the child or children of the deceased person are entitled on the death of the spouse to a supplemental survivor allowance in an annual amount equal to the annual amount of the supplemental survivor allowance to which the spouse was entitled on the date of the spouse’s death. O. Reg. 290/13, s. 54 (2); O. Reg. 347/19, s. 32 (2). (3) Subsections (1) and (2) do not apply in respect of a child of the deceased person and the deceased person’s spouse if they became spouses after the date on which the deceased person ceased to hold office as a judge. O. Reg. 290/13, s. 54 (3).
Terms, commencement and termination of supplemental survivor allowance
 55. (1) If a person is entitled to a survivor allowance under Part II and a supplemental RCA survivor allowance under Part II.1 and to a supplemental survivor allowance under this Part, the supplemental survivor allowance shall be paid to the person in the same form and have the same terms, conditions, commencement date and termination date as the survivor allowance under Part II. O. Reg. 290/13, s. 55 (1); O. Reg. 347/19, s. 33. (2) If a person is entitled to a supplemental survivor allowance under this Part but not to a survivor allowance under Part II, the supplemental survivor allowance shall be paid to the person in the form and have the terms, conditions, commencement date and termination date that would have applied to a survivor allowance under Part II had the person been entitled to such an allowance. O. Reg. 290/13, s. 55 (2). (3) For the purpose of determining the termination date of a child’s supplemental survivor allowance under subsection (2), where the supplemental survivor allowance is payable to the child under subsection 53 (4) or (7) because he or she is in part-time attendance at a secondary school or post-secondary educational institution, the reference in paragraph 2 of subsection 20 (1) to full-time attendance shall be read as a reference to part-time attendance. O. Reg. 290/13, s. 55 (3). (4) A supplemental survivor allowance payable to a spouse under this Part shall continue for the lifetime of the spouse. O. Reg. 290/13, s. 55 (4).
No supplemental survivor allowance if entitled to life insurance
 56. No person is entitled to a supplemental survivor allowance in respect of a person in respect of whom a benefit is payable or paid under the group life insurance plan under section 11 of Schedule B of Order in Council 1273/2018, as amended from time to time. O. Reg. 290/13, s. 56; O. Reg. 57/16, s. 6; O. Reg. 347/19, s. 34. Indexing, Contributions and Refunds
Indexing
 57. (1) If a judge or a spouse or child of a judge is entitled to a pension or survivor allowance under Part II that is subject to adjustment under section 23 or 37, (a)  the person shall receive an amount equal to the adjustment that would be payable if the adjustment were calculated without regard to subsection 23 (2) or subclause 37 (a) (ii) or (b) (ii), as the case may be, reduced by the amount that is actually payable under section 23, 37 or 41.15; and (b)  a supplemental pension or supplemental survivor allowance payable to the person shall be increased by the amount of the adjustment under subsection 23 (1) or subclause (37) (a) (i) or (b) (i), as the case may be, calculated without regard to subsection 23 (2) or subclause (37) (a) (ii) or (b) (ii). O. Reg. 290/13, s. 57 (1); O. Reg. 347/19, s. 35. (2) If a judge or a spouse or child of a judge is entitled to a pension or survivor allowance under Part II that is subject to adjustment under section 24, a supplemental pension or supplemental survivor allowance payable to the person shall be increased in accordance with section 24. O. Reg. 290/13, s. 57 (2).
Contributions
 58. (1) The Minister shall cause to be credited to the Provincial Judges Supplemental Pension Account described in section 63 the additional amounts in respect of contributions necessary to fund the payment of pensions and survivor allowances payable under the provincial judges’ pension plan, less the amounts contributed under section 28 for the purposes of Part II and section 41.16 for the purposes of Part II.1. O. Reg. 347/19, s. 36. (2) The amounts in respect of the contributions shall be determined in accordance with the provincial judges’ pension plan’s most recent actuarial valuation. O. Reg. 347/19, s. 36. (3) The amounts shall be recorded annually in the Provincial Judges Supplemental Pension Account. O. Reg. 347/19, s. 36. 59., 60. Revoked: O. Reg. 347/19, s. 36. Family Law Matters
Family law matters
 60.1 (1) In this section, a reference to a spouse means, where circumstances require, a former spouse. O. Reg. 57/16, s. 7. (2) Section 67.2 of the Pension Benefits Act applies with necessary modifications to the determination of the imputed value, for family law purposes, of a spouse’s interest in a supplemental pension plan under this Part, and the provision of a statement of that value. O. Reg. 57/16, s. 7. (3) A spouse is eligible to apply for an immediate transfer of a lump sum from the supplemental pension plan if all of the circumstances listed in subsection 67.3 (1) of the Pension Benefits Act exist and, for the purpose, section 67.3 of that Act applies with necessary modifications. O. Reg. 57/16, s. 7. (4) For greater certainty, a lump sum from the supplemental pension plan may only be transferred in accordance with subsection 67.3 (7) of the Pension Benefits Act. O. Reg. 57/16, s. 7. (5) A spouse is eligible to apply for the division of the supplemental pension and for the payment of the spouse’s share to him or her if all of the circumstances listed in subsection 67.4 (1) of the Pension Benefits Act
exist and, for the purpose, section 67.4 of that Act applies with necessary modifications. O. Reg. 57/16, s. 7. (6) Any order made under Part I (Family Property) of the Family Law Act, family arbitration award or domestic contract respecting the division of the supplemental pension plan is subject to the application of section 67.5 or 67.6 of the Pension Benefits Act, as appropriate, with necessary modifications, including that a reference in one of those sections to the date on which the section comes into force shall be read as a reference to March 16, 2016. O. Reg. 57/16, s. 7; O. Reg. 347/19, s. 37 (1). (7) For the purposes of this section, (a)  a reference in sections 67.2 to 67.6 of the Pension Benefits Act to the administrator of a pension plan shall be read as a reference to the Provincial Judges Pension Board; and (b)  the references to sections 67.2 to 67.6 of the Pension Benefits Act shall be read as including the definitions of the terms used in those sections under that Act, except as otherwise provided by this Regulation. O. Reg. 57/16, s. 7; O. Reg. 347/19, s. 37 (2). Part IV   Administration and miscellaneous matters Part-time Judges
PART IV ADMINISTRATION AND MISCELLANEOUS MATTERS
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Part-time Judges
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Reduction of pension for part-time judges
 60.2 (1) For the 12-month period beginning on April 1 of each year, the amount of the pension of a judge who is serving on a part-time basis shall be reduced by the amount, if any, by which the full-time salary of a judge of the same judicial rank is less than the sum of the following amounts: 1.  The amount the part-time judge would otherwise be entitled to in the 12-month period as a pension. 2.  The amount of remuneration the judge is entitled to in the 12-month period for serving on a part-time basis. 3.  The amount of salary paid to the judge for full-time service in the 12-month period. O. Reg. 347/19, s. 39. (2) For the purposes of subsection (1), the full-time salary of a judge of the same judicial rank in the case of a judge who is serving on a part-time basis after his or her term as Chief Justice, Associate Chief Justice, regional senior judge or Senior Advisory Family Judge expires is the salary to which the judge would be entitled under section 10 of Schedule A of Order in Council 1273/2018, as amended from time to time, if he or she were serving on a full-time basis. O. Reg. 347/19, s. 39. (3) Subsections (1) and (2) do not apply in respect of the period beginning on April 20, 2022 and ending on March 31, 2024. O. Reg. 404/22, s. 1. Administration
Provincial Judges Pension Board
 61. (1) The board known in English as the Provincial Judges Pension Board and in French as the Commission de retraite des juges provinciaux is continued. O. Reg. 290/13, s. 61 (1). (2) The Provincial Judges Pension Board shall be composed of five members appointed by the Lieutenant Governor in Council, which shall include one member recommended by the Association of Ontario Judges. O. Reg. 347/19, s. 41 (1, 2). (3) The Lieutenant Governor in Council shall designate a chair from among the members of the Provincial Judges Pension Board. O. Reg. 290/13, s. 61 (3); O. Reg. 347/19, s. 41 (3). (3.1) In the case of the absence or illness of the chair or there being a vacancy in the office of the chair, the member designated by the Provincial Judges Pension Board for the purpose shall act as and have all the powers of the chair. O. Reg. 769/21, s. 1. (4) Each member of the Provincial Judges Pension Board shall serve at the pleasure of the Lieutenant Governor in Council for a term not exceeding three years and until a successor is appointed. O. Reg. 347/19, s. 41 (4, 5). (5) Members of the Provincial Judges Pension Board may be reappointed when their terms of office expire. O. Reg. 290/13, s. 61 (5); O. Reg. 347/19, s. 41 (6). (6) Three members of the Provincial Judges Pension Board constitute a quorum and are sufficient for the exercise of all the authority of the Provincial Judges Pension Board. O. Reg. 290/13, s. 61 (6); O. Reg. 347/19, s. 41 (7, 8). (7)-(11) Revoked: O. Reg. 347/19, s. 41 (9). (12)-(14) Revoked: O. Reg. 347/19, s. 41 (11).
Administrator
 61.1 (1) The Provincial Judges Pension Board shall, (a)  be the administrator of the registered pension plan and the registered pension plan account for the purposes of the Federal Tax Act; and (b)  oversee the administration of the provincial judges’ pension plan and, in particular shall, in accordance with applicable law, carry out or oversee all administrative functions in respect of the pensions, survivor allowances and refunds provided under Parts II and II.1, including, (i)  interpreting the relevant terms of the provincial judges’ pension plan and authorizing payments in respect of the plan under Parts II, II.1 and III, (ii)  overseeing all communications with judges, spouses and other beneficiaries, as well as their personal representatives, in respect of the pensions, survivor allowances and refunds provided under Parts II, II.1 and III, both before and after a judge’s retirement, (iii)  overseeing the management of the registered pension plan account and the supplemental RCA account. O. Reg. 347/19, s. 42. (2) The Provincial Judges Pension Board has all the powers necessary to perform its powers, duties and functions under this Regulation and shall do so in accordance with applicable law. O. Reg. 347/19, s. 42. (3) The Provincial Judges Pension Board may make rules for the administration and management of the provincial judges’ pension plan and for the conduct of the affairs of the Board, and the rules may include procedures for making payments out of the registered pension plan account, the supplemental RCA account and the Provincial Judges Supplemental Pension Account for the purposes of Parts II, II.1 and III. O. Reg. 347/19, s. 42. (4) No payment shall be made unless it is approved by the Provincial Judges Pension Board or made in accordance with any rules made by the Board under subsection (3). O. Reg. 347/19, s. 42. (5) The Provincial Judges Pension Board shall prepare an annual report respecting the financial and other affairs of the provincial judges’ pension plan and the registered pension plan account, the supplemental RCA account and the Provincial Judges Supplemental Pension Account, and shall provide it to the Minister and make it available to the public. O. Reg. 347/19, s. 42. (6) The Provincial Judges Pension Board shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a)  the form and content of the annual report; (b)  when to provide it to the Minister; and (c)  when and how to make it available to the public. O. Reg. 347/19, s. 42. (7) The Provincial Judges Pension Board shall include such additional content in the annual report as the Minister may require. O. Reg. 347/19, s. 42. (8) The Minister shall table the annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. O. Reg. 347/19, s. 42.
Service provider
 61.2 (1) The Ontario Pension Board, or any other organization that is jointly selected by the Minister and the Provincial Judges Pension Board, shall provide services to, (a)  the Provincial Judges Pension Board to assist the Board in carrying out its responsibilities under section 61.1; (b)  the Provincial Judges Pension Board respecting trust funds, referred to in section 61.4, established for the provincial judges’ pension plan and the supplemental RCA pension plan; and (c)  the Government of Ontario to assist the Government in carrying out its responsibilities in respect of the supplemental pension plan. O. Reg. 347/19, s. 42. (2) The Provincial Judges Pension Board may delegate in writing any of the Board’s powers, duties and functions under this Regulation to, (a)  the Ontario Pension Board or any organization selected under subsection (1); and (b)  any other person or entity, provided that the power, duty or function is not being performed by the Ontario Pension Board or an organization selected under subsection (1). O. Reg. 347/19, s. 42. (3) In this section, “Ontario Pension Board” means the Ontario Pension Board continued under section 29 of the Public Service Pension Plan, as set out as Schedule 1 to the Public Service Pension Act, 1989. O. Reg. 347/19, s. 42.
Expenses
 61.3 The Provincial Judges Pension Board and any organization exercising delegated powers, duties or functions is entitled to payment in respect of compensation, reasonable disbursement made and expenses incurred in the performance of its powers, duties and functions, in accordance with any relevant agreements between Her Majesty the Queen in Right of Ontario and the Provincial Judges Pension Board, applicable law and the process for obtaining the necessary appropriations from the Legislature. O. Reg. 347/19, s. 42.
Minister to establish trust funds
 61.4 (1) The Minister shall ensure that a trust fund is established to be used to hold, invest, distribute and administer funds in order to make payments in accordance with the terms and conditions of the registered pension plan set out in Part II. O. Reg. 347/19, s. 42. (2) The Minister shall ensure that an additional trust fund is established to be used to hold, invest, distribute and administer funds in order to make payments in accordance with the terms and conditions of the Supplemental RCA pension plan set out in Part II.1. O. Reg. 347/19, s. 42. (3) Each of the trust funds’ fiscal years shall be the 12-month period commencing on the first day of January in each year. O. Reg. 769/21, s. 2. 62. Revoked: O. Reg. 347/19, s. 43. Accounts
Accounts
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Provincial Judges Supplemental Pension Account
 63. (1) The Minister of Finance shall maintain the supplemental pension account for provincial judges under the name Provincial Judges Supplemental Pension Account in English and Compte des pensions complémentaires des juges provinciaux in French. O. Reg. 347/19, s. 45 (1). (2) The Account shall be maintained in the Consolidated Revenue Fund for the payment of supplemental pensions and supplemental survivor allowances to or in respect of judges in respect of service after 1991, in addition to the pensions and survivor allowances payable under Parts II and II.1. O. Reg. 290/13, s. 63 (2); O. Reg. 347/19, s. 45 (2). (2.1) All amounts credited to the Account are, for the purposes of the Financial Administration Act, money received by or on behalf of Ontario for the special purpose of providing for, (a)  any unfunded portion of the supplemental RCA pension provided for under Part II.1; and (b)  the supplemental pension benefits and supplemental survivor allowances provided for under Part III. O. Reg. 347/19, s. 45 (3). (3) The Account shall consist of contributions and money paid, transferred or credited to the Account, less monies transferred under Part II.1 or paid out under Part III. O. Reg. 290/13, s. 63 (3); O. Reg. 347/19, s. 45 (4). (4) The Minister of Finance is the custodian of the Account. O. Reg. 347/19, s. 45 (5). (5) The Account’s fiscal year shall be the 12-month period beginning on the first day of January in each year. O. Reg. 769/21, s. 3. (6) The interest rate to be applied to the funds recorded in the Account shall be determined in accordance with the rules set out in section 7 of the Financial Administration Act. O. Reg. 347/19, s. 45 (5).
Use of surplus
 64. (1) If the actuary for the registered pension plan under Part II certifies that the registered pension plan’s assets exceed its liabilities, the Minister may use the surplus or any portion of the surplus to reduce contributions otherwise payable under this Regulation. O. Reg. 347/19, s. 46. (2) If the actuary for the supplemental RCA pension plan under Part II.1 certifies that the supplemental RCA pension plan’s assets exceed its liabilities, the Minister may use the surplus or any portion of the surplus to reduce contributions otherwise payable under this Regulation. O. Reg. 347/19, s. 46. (3) If the registered pension plan account is wound up and a balance remains in the trust funds after all obligations and liabilities under Part II have been satisfied, the balance shall be paid into the Consolidated Revenue Fund. O. Reg. 347/19, s. 46. (4) If the supplemental RCA account is wound up and a balance remains in the trust funds after all obligations and liabilities under Part II.1 have been satisfied, the balance shall be paid into the Consolidated Revenue Fund. O. Reg. 347/19, s. 46.
Information, tax returns, etc.
 64.1 The Provincial Judges Pension Board shall ensure that all tax returns and other documents required to be filed or provided by the administrator in respect of the provincial judges pension plan under the Federal Tax Act or the Federal Tax Regulations are prepared and filed. O. Reg. 347/19, s. 46.
Valuations
 64.2 (1) The Provincial Judges Pension Board shall cause an actuarial valuation to be made of the assets held and obligations owing under the provincial judges pension plan with respect to each calendar year and at such times and under such terms and conditions as are required by the Federal Tax Act and Federal Tax Regulations. O. Reg. 347/19, s. 46. (2) The Provincial Judges Pension Board shall file the actuarial valuation with the Canada Revenue Agency in accordance with the following rules: 1.  In the case of a filing whose timing is discretionary, the Provincial Judges Pension Board shall not file the valuation before the Minister gives written approval to do so. 2.  In the case of filing whose timing is not discretionary, the Provincial Judges Pension Board shall provide the Minister with written notice before filing the valuation. O. Reg. 347/19, s. 46.
Audits
 64.3 (1) The provincial judges pension plan shall be audited by the Auditor General, who shall make an annual report to the President of the Treasury Board. O. Reg. 347/19, s. 46. (2) The President of the Treasury Board shall submit the report to the Lieutenant Governor in Council and shall lay the report before the Assembly at the earliest reasonable opportunity. O. Reg. 347/19, s. 46.
Interest
 65. (1) Effective October 1, 2019, interest payable on contributions by judges shall be compounded each year as of December 31 at a rate for the year that is, (a)  the average monthly yield in the calendar year of five-year personal fixed term chartered bank deposit rates as determined from the Canadian Socio-Economic Information Management (CANSIM) Series V80691336 using the value corresponding to the last Wednesday of each month of the CANSIM Series V80691336, published weekly by the Bank of Canada; or (b)  such other rate that the Provincial Judges Pension Board determines is a future equivalent to the rate described in clause (a). O. Reg. 769/21, s. 4; O. Reg. 403/22, s. 1. (2) Effective October 1, 2019, if interest is to be paid to a day that is before December 31 in a year, interest shall be computed from January 1 of the year at a rate that is, (a)  the average monthly yield in the calendar year of five-year personal fixed term chartered bank deposit rates as determined from the Canadian Socio-Economic Information Management (CANSIM) Series V80691336 using the value corresponding to the last Wednesday of each month of the CANSIM Series V80691336, published weekly by the Bank of Canada, to the most recent of December of the previous year or March, June or September of the year; or (b)  such other rate that the Provincial Judges Pension Board determines is a future equivalent to the rate described in clause (a). O. Reg. 769/21, s. 4. 66. Omitted (provides for the revocation of other Regulations). O. Reg. 290/13, s. 66. 67. Omitted (provides for coming into force of provisions of this Regulation).
O. Reg. 290/13, s. 67.