jswizzle3737/ontario_laws_and_regs huggingface dataset:
56.1 (1) The section applies to any person who, as a result of the Board’s disposition of part of its investment function to the Investment Management Corporation of Ontario, (a)  ceased to be an employee of the Board on July 23, 2017; (b)  became an employee of the Investment Management Corporation of Ontario on July 24, 2017; and (c)  became a member of the Public Service Pension Plan established under the Public Service Pension Act, 1989 continued under the Public Service Pension Act on July 24, 2017. O. Reg. 104/19, s. 1. (2) A person to whom this section applies does not accrue pensionable service under the pension plan after July 23, 2017. O. Reg. 104/19, s. 1. (3) Subject to any transfer agreement that the Superintendent of Financial Services has consented to under section 80 of the Pension Benefits Act, if a person to whom this section applies consents to the transfer of benefits accrued by the person under the pension plan before July 24, 2017, the accrued benefits shall be transferred by the Board to the Public Service Pension Plan. O. Reg. 104/19, s. 1. PART X   transition
1. In this Regulation, “actuary” means a Fellow of the Canadian Institute of Actuaries appointed by the Board as actuary of the pension plan; “commuted value” has the same meaning as in the Pension Benefits Act; “deferred pension” has the same meaning as in the Pension Benefits Act; “employee” means an employee of the Board; “former member” means a former member as determined under section 10; “long-term disability plan” means a benefit plan provided by the Board to its employees to provide income protection in case of a long-term disability; “member” means member of the pension plan; “normal retirement date” means the normal retirement date determined under section 23; “normal retirement pension” means the amount of the annual pension calculated under section 27; “pension” means a pension benefit that is being paid under the pension plan; “pension fund” means the fund maintained to provide benefits under the pension plan; “pension plan” means the Workplace Safety and Insurance Board Employees’ Pension Plan; “pensionable service”, in relation to a person, means the period of years, or partial years, of membership in the pension plan that the person has accumulated; “spouse” means either of two persons who, (a)  are married to each other, or (b)  are not married to each other and are living together in a conjugal relationship, (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, both as defined in the Family Law Act; “temporary employee” means a person who is employed under a contract of service for a limited period of employment; “Year’s Basic Exemption”, in relation to a year, means the Year’s Basic Exemption established under the Canada Pension Plan for the year; “Year’s Maximum Pensionable Earnings”, in relation to a year, means the Year’s Maximum Pensionable Earnings established under the Canada Pension Plan for the year.  O. Reg. 455/97, s. 1; O. Reg. 563/99, s. 1; O. Reg. 398/02, s. 1; O. Reg. 337/05, s. 1.
2. (1) For the purposes of this Regulation, a person’s child by adoption or step-child or a child to whom the person is acting in the role of parent is considered to be the person’s child.  O. Reg. 455/97, s. 2 (1). (2) A child is considered to be a dependent child of a former member who is deceased if the child was dependent on him or her for support immediately before the former member’s death and if the child, (a)  is less than 18 years of age; (b)  is eighteen or more years of age but less than 25 years of age and is attending a school or university full-time, having so attended substantially without interruption since reaching 18 years of age or since the death of the former member, whichever occurred most recently; or (c)  is 18 or more years of age and suffers from a physical or mental impairment that prevents the child from earning a living and has suffered from the impairment without interruption since reaching 18 years of age or since the death of the former member, whichever occurred most recently.  O. Reg. 455/97, s. 2 (2).
3. (1) For the purposes of this Regulation, a full-time member of the board of directors of the Board is deemed to be an employee of the Board.  O. Reg. 455/97, s. 3 (1). (2) For the purposes of this Regulation, a person continues to be an employee while the Board is making contributions respecting the person under section 25 of the Act.  O. Reg. 455/97, s. 3 (2). (3) Subject to subsection (4), any period during which a member is absent from work on a leave of absence or solely because of a lay-off, strike or lock-out shall not be included in the calculation of the length of the member’s period of continuous employment, membership or service.  O. Reg. 398/02, s. 2. (4) Any period during which a member was absent from work on a pregnancy or parental leave of absence under the Employment Standards Act, 2000 shall be included in the calculation of the length of the member’s period of continuous employment, membership or service.  O. Reg. 455/97, s. 3 (4); O. Reg. 371/04, s. 1.
4. (1) For the purposes of this Regulation, the earnings of a member are the basic amount of remuneration that the member actually receives for his or her position, computed with reference to the period of time during which the member is employed. The earnings do not include overtime pay or a payment to the member in lieu of a benefit provided by the Board.  O. Reg. 455/97, s. 4 (1). (2) A member’s earnings include the amount of any payments under the insurance plan for loss of earnings received by the member and the amount of any supplement by the Board up to the maximum amount of the member’s regular earnings.  The earnings do not include retirement benefits provided to the member under section 45 of the Act or section 44 of the Workers’ Compensation Act, as it read before January 1, 1998.  O. Reg. 455/97, s. 4 (2). (3) A member’s earnings include the amount of any pregnancy or parental benefits under the Employment Insurance Act (Canada) received by the member and the amount of any supplement by the Board up to the maximum amount of the member’s regular earnings.  O. Reg. 455/97, s. 4 (3). (3.1) Despite subsection (1), a member’s earnings include the amount of any one-time lump sum merit award under the Board’s salary plan for non-bargaining unit employees.  O. Reg. 398/02, s. 3. (4) The annual earnings of a member who is receiving long-term disability benefits in a year are the amount that the member was earning on the date that he or she qualified for the benefits, as increased in accordance with subsection 14 (3).  O. Reg. 455/97, s. 4 (4).
5. The commuted value of a pension calculated under this Regulation is subject to the following: 1.  The commuted value shall be based on assumptions that are reasonable and, where applicable, are acceptable under the Income Tax Act (Canada) and the regulations under that Act. 2.  The commuted value shall be calculated in accordance with generally accepted actuarial principles. 3.  The calculation of the commuted value is subject to subsection 52 (1) of the Pension Benefits Act. 4.  In relation to employment before January 1, 1987, the sex of a member shall not be taken into account in the calculation of the commuted value that a former member may require the administrator to pay under subsection 42 (1) of the Pension Benefits Act.  O. Reg. 455/97, s. 5. Calculation of Interest
6. Interest calculated under this Regulation is accumulated with interest compounded annually at the minimum rate determined under the Pension Benefits Act or at such higher rate as is reasonable and as the Board may determine.  O. Reg. 455/97, s. 6. PART II   MEMBERSHIP AND CONTRIBUTIONS Membership in the Pension Plan
7. (1) Every permanent or probationary employee is a member of the pension plan beginning on the later of, (a)  his or her date of employment; or (b)  the date, if any, on which the employee ceases to be ineligible to be a member under subsection (2).  O. Reg. 455/97, s. 7 (1). (2) On an employee’s date of employment, the employee is not eligible to become a member of the plan if, over a period of one year at his or her normal working hours, the employee would earn less than 35 per cent of the Year’s Maximum Pensionable Earnings or would work fewer than 700 hours.  O. Reg. 455/97, s. 7 (2); O. Reg. 371/04, s. 2. (3) A member of the board of directors is a member of the pension plan beginning on the date that he or she becomes a full-time member of the board of directors.  O. Reg. 398/02, s. 4.
8. (1) A temporary employee may elect to become a member of the pension plan after 24 months of continuous employment.  O. Reg. 455/97, s. 8 (1). (2) A temporary employee is not eligible to make an election under subsection (1) if, at the date of the election, the earnings of the employee in the 12-month period preceding that date were less than 35 per cent of the Year’s Maximum Pensionable Earnings or employee worked fewer than 700 hours during that 12-month period.  O. Reg. 398/02, s. 5; O. Reg. 371/04, s. 3. (3) A person who is hired under a contract for services is not eligible to be a member of the pension plan.  O. Reg. 398/02, s. 5.
9. (1) An employee does not cease to be a member of the pension plan by reason only of a change in his or her employment category.  O. Reg. 455/97, s. 9 (1). (2) An employee does not cease to be a member of the pension plan by reason only that he or she earns less than 35 per cent of the Year’s Maximum Pensionable Earnings in a year or is employed for fewer than 700 hours in a year.  O. Reg. 455/97, s. 9 (2).
10. (1) A member of the pension plan becomes a former member upon terminating his or her employment with the Board.  O. Reg. 455/97, s. 10 (1). (2) A member of the pension plan becomes a former member upon reaching the maximum age specified under the Income Tax Act (Canada) for contributors to a pension fund or plan.  O. Reg. 455/97, s. 10 (2). (3) A former member of the pension plan who becomes re-employed by the Board as a permanent or probationary employee is reinstated as a member.  O. Reg. 455/97, s. 10 (3). (4) A person’s employment is considered to be terminated by his or her resignation, dismissal with or without just cause, retirement or death.  O. Reg. 455/97, s. 10 (4). (5) A person is not considered to be a member or a former member of the pension plan if he or she, (a)  is not entitled to a deferred pension under the plan; (b)  is not receiving a pension under the plan; and (c)  is not entitled to receive another payment under the plan.  O. Reg. 455/97, s. 10 (5). Contributions under the Pension Plan
11. (1) Every member shall contribute to the pension fund from his or her earnings for a year, (a)  7 per cent of the amount of his or her earnings that does not exceed the Year’s Basic Exemption; (b)  subject to subsection (4), 5.2 per cent of the amount of his or her earnings that exceeds the Year’s Basic Exemption but does not exceed the Year’s Maximum Pensionable Earnings; and (c)  subject to subsection (2), 7 per cent of the amount of his or her earnings that exceeds the Year’s Maximum Pensionable Earnings.  O. Reg. 455/97, s. 11 (1). (2) The member shall not contribute an amount under subsection (1) or section 11.1 or 11.3 greater than the maximum permissible contribution determined under subsection 8503 (4) of the regulations made under the Income Tax Act
(Canada).  O. Reg. 455/97, s. 11 (2); O. Reg. 677/98, s. 1 (1); O. Reg. 563/99, s. 2 (1); O. Reg. 398/02, s. 6 (1). (3) For the purposes of subsection (1) and sections 11.1 and 11.3, the member’s earnings for a year shall be deemed to exclude the amount, if any, that exceeds the amount calculated using the formula, 50 × (A + B) where, “A”  equals 0.5 per cent of the Year’s Maximum Pensionable Earnings, and “B”  equals the defined benefit limit established for the year under the Income Tax Regulations (Canada). O. Reg. 563/99, s. 2 (2); O. Reg. 398/02, s. 6 (2); O. Reg. 371/04, s. 4. (4) If a member continues to be employed by the Board after his or her normal retirement date and is receiving a retirement pension under the Canada Pension Plan, the amount the member shall contribute under clause (1) (b) is 7 per cent of the amount of his or her earnings that exceeds the Year’s Basic Exemption but does not exceed the Year’s Maximum Pensionable Earnings.  O. Reg. 455/97, s. 11 (4). (5) The member’s contributions are to be deducted from his or her earnings for each pay period and remitted to the pension fund by the Board.  O. Reg. 455/97, s. 11 (5). (6)-(10) Revoked:  O. Reg. 398/02, s. 6 (3). Special Contribution Rules for Members for January 1, 2003 to December 31, 2005
11.1 (1) Despite subsection 11 (1), from January 1, 2003 until December 31, 2005, the amount of member contributions shall be determined in accordance with this section and with sections 11.2 and 11.3.  O. Reg. 398/02, s. 7. (2) From January 1, 2003 until December 31, 2003, both inclusive, member contributions under subsection 11 (1) shall be suspended and no deductions shall be made from a member’s earnings under subsection 11 (5) during that period.  O. Reg. 398/02, s. 7. (3) From  January 1, 2004 until December 31, 2004, both inclusive, every member shall contribute to the pension fund from his or her earnings for the year, (a)  3 per cent of the amount of his or her earnings that does not exceed the Year’s Basic Exemption; (b)  subject to subsection (5), 1.2 per cent of the amount of his or her earnings that exceeds the Year's Basic Exemption but does not exceed the Year’s Maximum Pensionable Earnings; and (c)  subject to subsection 11 (2), 3 per cent of the amount of his or her earnings that exceeds the Year’s Maximum Pensionable Earnings.  O. Reg. 398/02, s. 7. (4) From January 1, 2005 until December 31, 2005, both inclusive, every member shall contribute to the pension fund from his or her earnings for the year, (a)  5 per cent of the amount of his or her earnings that does not exceed the Year’s Basic Exemption; (b)  subject to subsection (6), 3.2 per cent of the amount of his or her earnings that exceeds the Year's Basic Exemption but does not exceed the Year’s Maximum Pensionable Earnings; and (c)  subject to subsection 11 (2), 5 per cent of the amount of his or her earnings that exceeds the Year’s Maximum Pensionable Earnings.  O. Reg. 398/02, s. 7. (5) During the period that member contributions are reduced under subsection (3), if  a member continues to be employed by the Board after his or her normal retirement date and is receiving a retirement pension under the Canada Pension Plan, the amount the member shall contribute under clause (3) (b) is 3 per cent of the amount of his or her earnings that exceeds the Year’s Basic Exemption but does not exceed the Year’s Maximum Pensionable Earnings, rather than the amount set out in clause (3) (b).  O. Reg. 398/02, s. 7. (6) During the period that member contributions are reduced under subsection (4), if  a member continues to be employed by the Board after his or her normal retirement date and is receiving a retirement pension under the Canada Pension Plan, the amount the member shall contribute under clause (4) (b) is 5 per cent of the amount of his or her earnings that exceeds the Year’s Basic Exemption but does not exceed the Year’s Maximum Pensionable Earnings, rather than the amount set out in clause (4) (b).  O. Reg. 398/02, s. 7.
11.2 (1) In this section, “apportionable excess surplus” means the amount of excess surplus identified in the actuarial valuation for 2003 or 2004, as the case may be, that the Board is required to apply to reduce its contributions under the pension plan under subsection 16 (2); “excess surplus” means the amount of actuarial surplus in the pension fund that exceeds the limit established in paragraph 147.2 (2) (d) of the Income Tax Act (Canada).  O. Reg. 398/02, s. 7. (2) Despite section 11.1, if the actuary determines in the annual actuarial valuation for the year 2003 or 2004 that there is excess surplus in the pension fund, member contributions under section 11.1 shall be adjusted in accordance with this section.  O. Reg. 398/02, s. 7. (3) The amount of the apportionable excess surplus shall be apportioned between the Board and the members based on the ratio that the Board’s then current contribution rate bears to the then current members’ contributions based upon the then current members’ contribution rate as described in subsections 11.1 (3) and (4).  O. Reg. 398/02, s. 7. (4) On July 1 of 2004 or 2005, as the case may be, the member contribution rate established for that year in subsection 11.1 (3) or (4), as applicable, will be adjusted if necessary to reflect the amount of any apportionable excess surplus attributed to the members under subsection (3).  O. Reg. 398/02, s. 7. (5) Subject to the adjustment made to the member contribution rate under section 11 or 11.1, as the case may be, on January 1 of the following year, the adjusted member contribution rate that applies under subsection (4) shall continue in effect until June 30 of the next following year.  O. Reg. 398/02, s. 7.
11.3 (1) Despite section 11.1, if the actuary determines in the annual actuarial valuation for any of the years 2002, 2003 or 2004 that the amount of actuarial surplus in the pension fund is less than $50,000,000, member contributions under section 11.1 shall be adjusted in accordance with this section.  O. Reg. 398/02, s. 7. (2) On July 1 of 2003, 2004 or 2005, as the case may be, member contributions shall be adjusted so that every member shall contribute to the pension fund from his or her earnings for the year, (a)  7 per cent of the amount of his or her earnings that does not exceed the Year’s Basic Exemption; (b)  subject to subsection 11 (4), 5.2 per cent of the amount of his or her earnings that exceeds the Year's Basic Exemption but does not exceed the Year’s Maximum Pensionable Earnings; and (c)  subject to subsection 11 (2), 7 per cent of the amount of his or her earnings that exceeds the Year’s Maximum Pensionable Earnings.  O. Reg. 398/02, s. 7. (3) If member contributions are adjusted under this section, members shall continue to contribute at the rate set out in subsection (2) until December 31, 2005 and no adjustments to the amount of member contributions shall be made under section 11.1.  O. Reg. 398/02, s. 7. Employer Contributions
12. (1) The Board shall contribute to the pension fund such amounts as are necessary to pay the cost of pension benefits and ancillary benefits under the pension plan.  O. Reg. 455/97, s. 12 (1). (2) The amount of the Board’s contributions shall be determined on the basis of valuations made by the actuary and approved by the Board.  O. Reg. 455/97, s. 12 (2). (3) Subject to subsection 16 (2), the Board’s contribution in a month shall not be less than the minimum amount, as determined by the actuary, that is required under the Pension Benefits Act to pay the normal cost of the pension plan and liquidate any going concern unfunded liabilities or solvency deficiencies.  O. Reg. 455/97, s. 12 (3). Pensionable Service
13. (1) A member accrues pensionable service under the pension plan for any period of service that is eligible service under paragraph 8503 (3) (a) of the regulations made under the Income Tax Act (Canada) if contributions to the pension fund are made by or on behalf of the member in respect of that period of service.  O. Reg. 677/98, s. 2 (1). (2) A member who continues to be employed by the Board after his or her normal retirement date continues to accumulate pensionable service for contributions under the plan for the period of employment after the normal retirement date.  O. Reg. 455/97, s. 13 (2). (3) A former member who becomes re-employed by the Board as a permanent or probationary employee accumulates pensionable service for contributions under the plan for the period of re-employment.  O. Reg. 677/98, s. 2 (2).
14. (1) This section applies with respect to a member who, (a)  is suffering from a physical or mental impairment that prevents the member from performing the duties of the employment in which he or she was engaged before the commencement of the impairment; and (b)  is receiving benefits under the long-term disability plan as a result of an impairment incurred on or after October 1, 1974.  O. Reg. 455/97, s. 14 (1). (2) During the period that the member is receiving benefits under the long-term disability plan and remains an employee of the Board, the Board shall make both the Board and the member contributions to the pension plan.  O. Reg. 455/97, s. 14 (2). (3) For the purposes of this Regulation, the member’s earnings shall be deemed to be increased each year in accordance with the following rules: 1.  The earnings are increased as of January 1 each year, beginning when the member begins to receive benefits under the long-term disability plan and ending when payment of the member’s pension under the plan begins. However, no increase shall be made in respect of a period before January 1, 1992. 2.  The earnings are increased in accordance with the indexing factor described in paragraphs 4, 5 and 6 for the year. 3.  Despite paragraph 2, the increased earnings for a year cannot exceed the maximum amount determined under paragraph 7. 4.  The indexing factor for a year is 75 per cent of the percentage change in the Consumer Price Index for Canada for all items, for the 12-month period ending October 31 of the previous year, as published by Statistics Canada.  If the change in the Consumer Price Index is negative the indexing factor is zero. 5.  If the indexing factor for a year is greater than 8 per cent, it is deemed to be 8 per cent. 6.  If the indexing factor for a year is greater than 8 per cent, the amount by which it exceeds 8 per cent is carried forward and added to the indexing factor for one or more subsequent years until the subsequent indexing factor is increased to 8 per cent. 7.  The maximum amount of increased earnings for a year is calculated using the formula “A × B/C” in which, “A”  equals the person’s earnings when he or she qualified for benefits under the long-term disability plan, “B”  equals the average wage as defined in subsection 147.1 (1) of the Income Tax Act (Canada) for the year, and “C”  equals the average wage for the year in which the person qualified for benefits under the long-term disability plan. O. Reg. 455/97, s. 14 (3). Refund of Contributions
15. (1) A former member who is entitled to a pension benefit is entitled to be paid from the pension fund a lump sum equal to the amount by which his or her contributions, with interest, exceed one-half of the commuted value of his or her pension or deferred pension in respect of contributory benefits.  O. Reg. 563/99, s. 3 (1). (2) In determining the commuted value of the pension or deferred pension under subsection (1), money or credits transferred from the pension plan to another pension plan are excluded.  O. Reg. 455/97, s. 15 (2). (3) Ancillary benefits are included in determining the contributory benefits under subsection (1).  O. Reg. 563/99, s. 3 (2). Use of Surplus
16. (1) This section provides for the use of an amount in the pension fund that is surplus to the requirements of the pension plan while it continues in existence or upon its winding up.  O. Reg. 455/97, s. 16 (1). (2) The surplus shall be applied to reduce the contributions of the Board under the pension plan in a month to an amount not greater than the maximum contribution that is an eligible contribution under subsection 147.2 (2) of the Income Tax Act (Canada) and may be applied to further reduce the contributions of the Board if such maximum is greater than zero.  O. Reg. 455/97, s. 16 (2). (3) The surplus may be applied to enhance the benefits provided to members and former members to the extent permitted under the Income Tax Act
(Canada).  O. Reg. 455/97, s. 16 (3). PART III   TERMINATION OF EMPLOYMENT OTHER THAN BY RETIREMENT OR DEATH
17. A person who ceases to be a member of the pension plan before completing 24 months of continuous membership shall be given a refund of his or her contributions to the pension fund, with interest, in lieu of other benefits under the plan.  O. Reg. 455/97, s. 17; O. Reg. 677/98, s. 3.
18. A person who ceases to be a member of the pension plan after completing 24 months of continuous membership is entitled to a deferred pension based on all of his or her pensionable service.  O. Reg. 563/99, s. 4.
19. Revoked:  O. Reg. 563/99, s. 4.
20. Revoked:  O. Reg. 563/99, s. 4.
21. (1) This section applies if the pension otherwise payable under the pension plan to a former member at the normal retirement date is 2 per cent or less of the Year’s Maximum Pensionable Earnings in the year in which the person becomes a former member.  O. Reg. 455/97, s. 21 (1). (2) The former member is entitled to be paid the commuted value of his or her benefits under the pension plan in lieu of receiving those benefits.  O. Reg. 455/97, s. 21 (2).
22. A person entitled to make an election under this Part who does not do so within 90 days after being notified by the Board of his or her option to make the election is deemed to have elected, (a)  to receive a deferred pension payable on his or her normal retirement date, if he or she is entitled to such a deferred pension; or (b)  to a refund of contributions, with interest, if he or she is not entitled to receive a deferred pension.  O. Reg. 455/97, s. 22. PART IV   PENSIONS Retirement
23. A person’s normal retirement date is the first day of the month following the month in which the person reaches 65 years of age.  O. Reg. 455/97, s. 23. Entitlement to a Normal Retirement Pension
24. (1) A normal retirement pension begins on the person’s normal retirement date.  O. Reg. 455/97, s. 24 (1). (2) A person who remains an employee of the Board after the normal retirement date shall begin to receive payment of a retirement pension under the pension plan on the date that is the earlier of, (a)  the first day of the month following the date on which the person terminates employment with the Board; or (b)  the last day of the year in which the person reaches 69 years of age.  O. Reg. 455/97, s. 24 (2).
25. (1) A person is not entitled to receive more than one retirement pension under the pension plan in respect of the same period of pensionable service.  O. Reg. 455/97, s. 25 (1). (2) A person receiving a disability pension under the pension plan is not eligible to receive a retirement pension.  O. Reg. 455/97, s. 25 (2).
26. (1) A former member receiving a pension under the pension plan who becomes re-employed by the Board as a permanent or probationary employee is not entitled to receive a retirement pension during the period he or she is so employed.  O. Reg. 455/97, s. 26 (1). (2) Revoked:  O. Reg. 677/98, s. 4. Amount of the Normal Retirement Pension
28. (1) A member or former member who is at least 55 years of age and who is entitled to a deferred pension under the pension plan may elect to receive an early retirement pension.  O. Reg. 455/97, s. 28 (1). (2) A member whose age, when added to the number of years of his or her continuous membership in the pension plan, totals at least 85 may elect to receive an early retirement pension.  O. Reg. 563/99, s. 6 (1). (3) A member who is at least 60 years of age and who has been a member of the pension plan for at least 20 years may elect to receive an early retirement pension.  O. Reg. 455/97, s. 28 (3). (4) If a member elects to receive an early retirement pension under subsection (2) or (3), the date on which the member begins to receive the pension is considered to be the member’s date of retirement.  O. Reg. 455/97, s. 28 (4). (5) A member who elects to receive an early retirement pension under subsection (2) or (3) cannot revoke the election.  O. Reg. 455/97, s. 28 (5). (6) A member whose age, when added to the number of years of his or her continuous membership in the pension plan, totals at least 80 may elect to receive an early retirement pension if the election is made before April 1, 2004.  O. Reg. 448/03, s. 1. (7) A member may elect before April 1, 2004 to receive an early retirement pension, (a)  if the member begins a paid leave of absence before March 31, 2004; and (b)  if the member’s age, at the end of the paid leave, when added to the number of years of his or her continuous membership in the pension plan at the end of the paid leave, totals at least 80.  O. Reg. 448/03, s. 1. (8) A member who elects to receive an early retirement pension under subsection (6) or (7) cannot revoke the election.  O. Reg. 455/97, s. 28 (8).
29. (1) A member or former member who qualifies to elect to receive an early retirement pension under section 28 may make the election at any time after the date of qualification but before the normal retirement date and the member or former member shall begin to receive payments under the pension plan on the first day of the month following the date of the election.  O. Reg. 455/97, s. 29. (2) Despite subsection (1), a member who elects to receive an early retirement pension under subsection 28 (7) shall begin to receive payments under the pension plan on the first day of the month following the end of the paid leave of absence.  O. Reg. 677/98, s. 5. Amount of an Early Retirement Pension
30. (1) The amount of an early retirement pension under subsection 28 (1) (age 55 with right to deferred pension) is determined in accordance with this section.  O. Reg. 455/97, s. 30 (1). (2) The amount of the pension is actuarially reduced in accordance with the person’s age at the date the pension begins to be paid as follows: 1.  The commuted value of the pension must be equal to the commuted value of the person’s normal retirement pension, based upon the person’s pensionable service up to the date of retirement. 2.  However, the reduction in the pension must not be less than 0.25 per cent multiplied by the number of months, if any, by which the date of the first pension payment precedes the earliest of the following dates: i.  The date on which the person attains 60 years of age. ii.  The date on which the person’s continuous membership in the pension plan would reach 30 years had he or she continued to be an employee until that date. iii.  The date on which the person’s age, when added to the number of years of his or her continuous membership in the pension plan, would reach a total of 80 had he or she continued to be an employee until that date.  O. Reg. 455/97, s. 30 (2); O. Reg. 563/99, s. 7 (1). (3) The following apply to the calculation of the early retirement pension: 1.  The amount of the pension, before any actuarial reduction is made under this section, is calculated in the same manner as a normal retirement pension under section 27.  “C” in the formula is then added back into the calculation of the amount of the early retirement pension until the person's normal retirement date. 2.  The actuarial reduction in the pension must not be more than 3 per cent of the normal retirement pension multiplied by the number of whole years and any fraction of a year from the date of retirement to the first date on which the person would have been entitled to a normal retirement pension or to an early retirement pension under subsection 28 (2) or (3), had he or she continued to be an employee until that date.  O. Reg. 563/99, s. 7 (2); O. Reg. 398/02, s. 11. (4) Revoked:  O. Reg. 563/99, s. 7 (3).
31. (1) The amount of an early retirement pension under the following subsections is determined in accordance with this section: 1.  Subsection 28 (2) (age plus years of membership equals 85). 2.  Subsection 28 (3) (60 years old with 20 years’ membership). 3.  Subsection 28 (6) (age plus years of membership equals 80). 4.  Subsection 28 (7) (age plus years of membership equals 80, paid leave situation).  O. Reg. 455/97, s. 31 (1); O. Reg. 563/99, s. 8. (2) The amount of the pension is calculated in the same manner as a normal retirement pension under section 27.  “C” in the formula is then added back into the calculation of the amount of the early retirement pension until the person’s normal retirement date.  O. Reg. 398/02, s. 12. Disability Pensions
32. (1) A member with at least 10 continuous years of membership in the pension plan may apply to receive a disability pension.  O. Reg. 455/97, s. 32 (1). (2) Subject to subsection (3), the member is entitled to receive a disability pension if, (a)  the member is suffering from a physical or mental disability which prevents him or her from engaging in employment for which the member is reasonably suited by reason of education, training or experience; (b)  the disability can reasonably be expected to last for the remainder of the member’s lifetime; and (c)  a legally qualified medical practitioner selected by the Board certifies that the requirements in clauses (a) and (b) are satisfied.  O. Reg. 455/97, s. 32 (2). (3) The member is not entitled to receive a disability pension if the member is receiving benefits under the Board’s long-term disability plan.  O. Reg. 455/97, s. 32 (3). (4) A member who is entitled to receive a disability pension is entitled to receive payments under the pension plan as of the first day of the month following the date the Board received the application for the disability pension.  O. Reg. 455/97, s. 32 (4). (5) The amount of the disability pension is the amount of the member’s normal retirement pension, at the date on which the member became disabled, excluding any actuarial discounts otherwise applicable in calculating the amount of the normal retirement pension.  O. Reg. 455/97, s. 32 (5). (6) If a former member who is receiving a disability pension becomes re-employed by the Board as a permanent or probationary employee, the former member ceases to be entitled to receive the disability pension.  O. Reg. 455/97, s. 32 (6). (7) For the purposes of Part VII, a member receiving a disability pension is considered to be receiving a retirement pension under the pension plan.  O. Reg. 455/97, s. 32 (7). PART V   PRE-RETIREMENT DEATH BENEFITS
33. If a member dies before completing 24 months of continuous membership in the pension plan, a lump sum equal to the member’s contributions to the pension fund, with interest, is payable to the beneficiary designated by the member or, in the absence of a designation, to the member’s estate.  O. Reg. 455/97, s. 33.
34. (1) This section applies if a person who has completed 24 months of continuous membership in the pension plan dies before beginning to receive a retirement pension and the person, (a)  leaves no surviving spouse, or leaves a surviving spouse from whom the person is living separate and apart on the date of death; and (b)  leaves no dependent children.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 2. (2) A death benefit is payable to the beneficiary designated by the person or, in the absence of a designation, to the person’s estate.  O. Reg. 563/99, s. 9. (3) The death benefit under subsection (2) is payable as a lump sum.  O. Reg. 563/99, s. 9. (4) The amount of the death benefit equals the sum of, (a)  the commuted value of the deferred pension, including the value of ancillary benefits, that would have been payable if the person had ceased to be a member of the pension plan on the date of death for reasons other than death or retirement; and (b)  the amount, if any, by which the person’s contributions under the pension plan, with interest, exceed 50 per cent of the amount described in clause (a).  O. Reg. 563/99, s. 9.
35. (1) This section applies if a person who has completed 24 months of continuous membership in the pension plan dies before beginning to receive a retirement pension and the person, (a)  leaves a surviving spouse; and (b)  was not living separate and apart from the surviving spouse on the date of death.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 3 (1). (2) The surviving spouse is entitled to receive a death benefit, the commuted value of which is the greater of the amounts described in subsections (3) and (4).  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 3 (2). (3) For the purpose of subsection (2), the first amount is equal to A + B, where, “A” =  the commuted value of the deferred pension, including the value of ancillary benefits, that would have been payable if the person had ceased to be a member of the pension plan on the date of death for reasons other than death or retirement; and “B” =  the amount, if any, by which the person’s contributions under the pension plan, with interest, exceeds 50 per cent of “A”. O. Reg. 563/99, s. 9. (4) For the purpose of subsection (2), the second amount is the commuted value of an immediate pension, payable for life to the person’s spouse, equal to 66 2/3 per cent of the pension calculated in accordance with section 27.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 3 (3). (5) The spouse may elect to receive the death benefit in the form of a lump sum or an immediate or deferred pension, the commuted value of which is equal to the commuted value of the death benefit.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 3 (4). (6) Every immediate pension being paid under the pension plan on January 1, 2000 and every deferred pension shall be increased as if subsection (4) had been in force on the date that the former member died.  O. Reg. 563/99, s. 9.
35.1 (1) This section applies if a person who has completed 24 months of continuous membership in the pension plan dies before beginning to receive a retirement pension and leaves both a spouse entitled to receive a death benefit under section 35 and one or more dependent children.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 4 (1). (2) Subject to subsections (3) and (4), if the commuted value of the death benefit payable to the surviving spouse is determined in accordance with subsection 35 (4), each dependent child is entitled to receive a children’s pension of 10 per cent of the amount of the pension calculated in accordance with section 27 for so long as the child remains a dependent child.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 4 (2). (3) If the number of dependent children entitled to receive a children’s pension is four or more, the amount of the children’s pension payable to each child shall be 33 1/3 per cent of the pension calculated in accordance with section 27 divided by the number of dependent children.  O. Reg. 563/99, s. 9. (4) When a child ceases to be a dependent child and is no longer entitled to receive a children’s pension under this section, the amount of the pension of each remaining dependent child shall be recalculated under subsection (2) or (3), as the case may be.  O. Reg. 563/99, s. 9. (5) On January 1, 2000, every dependent child who would have been entitled to a children’s pension under this section, if it had been in force on the date that the former member died, is entitled to begin to receive a children’s pension under this section for as long as he or she remains a dependent child.  O. Reg. 563/99, s. 9.
36. (1) This section applies if a person who has completed 24 months of continuous membership in the pension plan dies before beginning to receive a retirement pension leaving one or more dependent children and, (a)  the person leaves no surviving spouse, or leaves a surviving spouse from whom the person is living separate and apart on the date of death; or (b)  the person left a surviving spouse who, (i)  was entitled to a death benefit determined in accordance with subsection 35 (4), (ii)  elected to receive the death benefit in the form of an immediate or deferred pension under subsection 35 (5), and (iii)  subsequently dies.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 5 (1). (2) Each dependent child is entitled to receive a children’s pension calculated in accordance with subsection (3) for as long as he or she remains a dependent child.  O. Reg. 563/99, s. 9. (3) The children’s pension to which each dependent child is entitled is calculated as follows: 1.  The aggregate amount of the children’s pensions is 66 2/3 per cent of the pension calculated in accordance with section 27. 2.  The amount under paragraph 1 shall be apportioned equally among the dependent children entitled to receive a children’s pension.  O. Reg. 563/99, s. 9. (4) When a child ceases to be a dependent child and is no longer entitled to receive a children’s pension under this section, the amount of the pension of each remaining dependent child shall be recalculated under subsection (3).  O. Reg. 563/99, s. 9. (5) If a dependent child who is receiving a children’s pension under section 35.1 becomes entitled to a children’s pension under this section, the dependent child ceases to be entitled to receive the children’s pension under section 35.1.  O. Reg. 563/99, s. 9. (6) If a spouse elects to receive the death benefit in the form of a lump sum under subsection 35 (5) and subsequently dies leaving one or more dependent children who are receiving childrens’ pensions under section 35.1, the dependent children continue to be entitled to receive childrens’ pensions under section 35.1 and are not entitled to receive childrens’ pensions under this section.  O. Reg. 563/99, s. 9; O. Reg. 337/05, s. 5 (2).
37. (1) This section applies if a children’s pension is payable under section 36 and the commuted value of the death benefit calculated under section 34 is greater than the commuted value of the children’s pension.  O. Reg. 455/97, s. 37 (1). (2) The excess of the commuted value of the death benefit calculated under section 34 over the commuted value of the children’s pension is payable, (a)  to the beneficiary, if any, designated by the person; or (b)  in the absence of such a designation, to the person’s estate.  O. Reg. 455/97, s. 37 (2). PART VI   JOINT AND SURVIVOR BENEFITS Joint and Survivor Pensions
38. (1) Every pension payable under the pension plan beginning after December 31, 1986 to a former member who has a spouse on the date of retirement is a joint and survivor pension.  O. Reg. 455/97, s. 38 (1); O. Reg. 563/99, s. 19 (1); O. Reg. 337/05, s. 6 (1). (2) The surviving spouse, if any, of the former member is entitled to receive a survivor pension of 66 2/3 per cent of the former member’s pension for the remaining lifetime of the spouse.  O. Reg. 563/99, s. 10 (1); O. Reg. 337/05, s. 6 (2). (3) Despite subsection (2), the former member and his or her spouse may elect to have the joint and survivor pension payable in another proportion, with a pension being paid to the former member for his or her lifetime.  O. Reg. 455/97, s. 38 (3); O. Reg. 563/99, s. 19 (1); O. Reg. 337/05, s. 6 (3). (4) The former member and his or her spouse may not elect under subsection (3) to have the survivor pension be less than 66 2/3 per cent or more than 100 per cent of the pension paid to the former member during his or her lifetime.  O. Reg. 563/99, s. 10 (2); O. Reg. 337/05, s. 6 (4). (5) An election made under subsection (3) must be made in writing before the former member’s pension begins.  O. Reg. 563/99, s. 10 (2). (6) The commuted value of the former member’s pension and the survivor pension under this section must equal the commuted value of the former member’s normal retirement pension otherwise payable for the lifetime of the former member with a 66 2/3 per cent survivor pension payable to the former member’s spouse.  O. Reg. 563/99, s. 10 (2); O. Reg. 337/05, s. 6 (5). (7) Every joint and survivor pension being paid under the pension plan on January 1, 2000 shall be increased, if necessary, as if subsections (2) and (6) had been in force on the date the former member began to receive a retirement pension under the pension plan.  O. Reg. 563/99, s. 10 (2). Death after Retirement
39. (1) A survivor pension is payable only to the person who is the spouse of the former member on the date of his or her retirement.  O. Reg. 455/97, s. 39 (1); O. Reg. 563/99, s. 19 (1); O. Reg. 337/05, s. 7 (1). (2) Despite subsection (1), a former member who acquires a spouse after beginning to receive a pension may elect to have his or her retirement pension paid as a joint and survivor pension if, (a)  the former member did not have a spouse on his or her retirement date; or (b)  the former member had a spouse on his or her retirement date and that spouse has died and there are no dependent children entitled to benefits under section 40.  O. Reg. 455/97, s. 39 (2); O. Reg. 563/99, s. 19 (1); O. Reg. 337/05, s. 7 (2). (3) An election made under subsection (2) must be made in writing within the six-month period beginning one year after the former member acquires the spouse.  O. Reg. 563/99, s. 11; O. Reg. 337/05, s. 7 (3). (4) The pension of a former member who makes an election under subsection (2) shall be reduced so that the commuted value of the former member’s pension (as reduced) and the survivor pension under this section equals the commuted value of the former member’s pension before the reduction.  O. Reg. 563/99, s. 11. (5) The actuarial reduction of the former member’s pension under subsection (4) is based upon the ages of the former member and the former member’s spouse on the last day of the month in which the former member’s election is received by the Board.  O. Reg. 455/97, s. 39 (5); O. Reg. 563/99, s. 19 (1); O. Reg. 337/05, s. 7 (4).
39.1 (1) This section applies if a former member dies after beginning to receive a pension and leaves both a spouse entitled to receive a survivor pension and one or more dependent children.  O. Reg. 563/99, s. 12; O. Reg. 337/05, s. 8 (1). (2) Subject to subsection (3), each dependent child is entitled to receive a children’s pension of 10 per cent of the former member’s pension for as long as the child remains a dependent child.  O. Reg. 563/99, s. 12. (3) The children’s pensions shall be adjusted if the aggregate amount of the survivor pension and the children’s pensions otherwise payable exceeds 100 per cent of the pension paid to the former member during his or her lifetime.  O. Reg. 563/99, s. 12. (4) The aggregate amount of the adjusted children’s pensions payable under subsection (3) shall be equal to the amount by which A exceeds B where, “A”  equals 100 per cent of the pension paid to the former member during his or her lifetime; and “B”  equals the survivor pension payable to the surviving spouse under subsection 38 (2) or (3) or subsection 39 (2), as the case may be. O. Reg. 563/99, s. 12; O. Reg. 337/05, s. 8 (2). (5) When a child ceases to be a dependent child and is no longer entitled to receive a children’s pension, the amount of the pension of each remaining dependent child shall be recalculated under subsection (2), subject to the adjustment under subsection (3), if applicable.  O. Reg. 563/99, s. 12. (6) On January 1, 2000, every dependent child who would have been entitled to a children’s pension under this section if it had been in force on the date that the former member died, is entitled to begin to receive a children’s pension under this section for as long as he or she remains a dependent child.  O. Reg. 563/99, s. 12.