jswizzle3737/ontario_laws_and_regs huggingface dataset:
40. (1) This section applies if, (a)  a former member who is receiving a retirement pension dies leaving no spouse who is entitled to receive a survivor pension but leaves one or more dependent children; or (b)  a spouse dies after beginning to receive a survivor pension under section 38 and leaves one or more dependent children.  O. Reg. 563/99, s. 13; O. Reg. 337/05, s. 9. (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. 13. (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 the amount of the survivor pension that would have been payable to the person described in section 39 if that person were still alive, or, if there was no such person, 66 2/3 per cent of the pension paid to the former member during his or her lifetime. 2.  The amount under paragraph 1 is apportioned equally among the dependent children entitled to receive a children’s pension.  O. Reg. 563/99, s. 13. (4) 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 (3).  O. Reg. 563/99, s. 13. (5) If a dependent child who is receiving a children’s pension under section 39.1 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 39.1.  O. Reg. 563/99, s. 13. (6) Despite subsection (3), the amount of the children’s pension payable to a particular dependent child may not exceed 66 2/3 per cent of the pension paid to the former member during his or her lifetime.  O. Reg. 563/99, s. 13.
41. (1) This section applies when a former member who is receiving a pension dies leaving no surviving spouse or dependent children.  O. Reg. 455/97, s. 41 (1); O. Reg. 563/99, s. 19 (2); O. Reg. 337/05, s. 10. (2) The beneficiary, if any, designated by the former member or, if no beneficiary is designated, the former member’s estate is entitled to receive the amount described in subsection (3).  O. Reg. 455/97, s. 41 (2). (3) The amount is the excess, if any, of the former member’s contributions under the pension plan, with interest calculated to his or her date of retirement, over any pension payments received by the former member.  O. Reg. 455/97, s. 41 (3).
42. (1) This section applies when a former member who is receiving a pension dies, and his or her surviving spouse who is receiving a survivor pension dies and all dependent children who were receiving a children’s pension either die or cease to be dependent children.  O. Reg. 563/99, s. 14; O. Reg. 337/05, s. 11 (1). (2) The former member’s estate is entitled to receive the excess, if any, of the former member’s contributions under the pension plan, with interest calculated to his or her date of retirement, over any pension payments received by the former member, the surviving spouse or the dependent child.  O. Reg. 455/97, s. 42 (2); O. Reg. 563/99, s. 19 (3); O. Reg. 337/05, s. 11 (2).
43. Revoked:  O. Reg. 563/99, s. 15. PART VII   ANNUAL INCREASES IN PENSION BENEFITS
44. (1) A pension being calculated under subsection 27 (3) is increased as of January 1 each year in accordance with section 45 or 45.0.1.  O. Reg. 563/99, s. 16 (1). (1.1) All survivor pensions, children’s pensions and disability pensions calculated under this Regulation are increased as of January 1 each year in accordance with section 45 or 45.0.1.  O. Reg. 563/99, s. 16 (1). (2) A deferred pension payable under the pension plan is increased as of January 1 each year in accordance with section 45 or 45.0.1 beginning when the person entitled to the pension ceases to be a member of the plan and ending when payment of the pension begins.  O. Reg. 455/97, s. 44 (2); O. Reg. 563/99, s. 16 (2). (3) A deferred pension shall not be increased under subsection (2) to an amount that exceeds the amount determined under subsection 27 (6).  O. Reg. 455/97, s. 44 (3). (4) No increase shall be made to a pension or a deferred pension under this section in respect of a period before January 1, 1992.  O. Reg. 677/98, s. 7.
45. (1) All pensions referred to in subsections 44 (1) and (1.1) and all deferred pensions are increased each year as of January 1 in accordance with the indexing factor for the year determined under this section.  O. Reg. 563/99, s. 17. (2) 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.  O. Reg. 455/97, s. 45 (2). (3) If the indexing factor for a year is greater than 8 per cent, it is deemed to be 8 per cent for the purposes of subsection (1).  O. Reg. 455/97, s. 45 (3). (4) 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.  O. Reg. 455/97, s. 45 (4).
45.0.1 (1) In this section, “adjusted indexing factor” means the indexing factor determined in accordance with this section.  O. Reg. 563/99, s. 18. (2) The adjusted indexing factor for a year is 100 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.  O. Reg. 563/99, s. 18. (3) If the adjusted indexing factor for a year is greater than 8 per cent, it is deemed to be 8 per cent and the amount by which it exceeds 8 per cent is carried forward and added to the adjusted indexing factor or the indexing factor determined under section 45, whichever is applicable, for one or more subsequent years until the subsequent adjusted indexing factor or indexing factor, as the case may be, is increased to 8 per cent.  O. Reg. 563/99, s. 18. (4) Despite section 45, on January 1, 2003, all pensions referred to in subsections 44 (1) and (1.1) and all deferred pensions shall be increased by the adjusted indexing factor rather than by the indexing factor determined under section 45.  O. Reg. 398/02, s. 13. PART VII.1   ONE-TIME ADJUSTMENT
45.1 (1) In this section, “adjusted indexing factor” means the indexing factor determined in accordance with this section.  O. Reg. 677/98, s. 8. (2) Every pension being paid and every deferred pension payable under the pension plan on January 1, 1999 is increased to provide a one-time adjustment in accordance with this section.  O. Reg. 677/98, s. 8. (3) The adjusted indexing factor for a year is 100 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.  O. Reg. 677/98, s. 8. (4) If the adjusted indexing factor for a year is greater than 8 per cent, it is deemed to be 8 per cent and the amount by which it exceeds 8 per cent is carried forward and added to the adjusted indexing factor for one or more subsequent years until the subsequent adjusted indexing factor is increased to 8 per cent.  O. Reg. 677/98, s. 8. (5) As of January 1, 1999, the amount of every pension being paid and every deferred pension payable under the pension plan on that date shall be increased as if the adjusted indexing factor, as modified by subsection (4), had been in effect every year since, (a)  the date of retirement, for a retirement pension; (b)  the date of first payment of a survivor pension, for a survivor pension; (c)  the date of first payment of a disability pension, for a disability pension; or (d)  the date employment terminated, for a deferred pension.  O. Reg. 677/98, s. 8. (6) In calculating the amount of the increase of a pension or deferred pension under subsection (5), the Board shall have regard to all prior indexing adjustments that have been made to the pension or deferred pension in each year.  O. Reg. 677/98, s. 8. (7) The sum of a prior indexing adjustment that has been made to the pension or deferred pension in a year and the one-time adjustment made for that year in accordance with this section shall not exceed the adjusted indexing factor.  O. Reg. 677/98, s. 8.
45.2 (1) In this section, “adjusted indexing factor” means the indexing factor determined in accordance with this section.  O. Reg. 398/02, s. 14. (2) Every early retirement pension being paid under section 28 on January 1, 2003 shall be adjusted in accordance with this section.  O. Reg. 398/02, s. 14. (3) The adjusted indexing factor for the year is 100 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.  O. Reg. 398/02, s. 14. (4) If the adjusted indexing factor for the year is greater than 8 per cent, it is deemed to be 8 per cent.  O. Reg. 398/02, s. 14. (5) On January 1, 2003, the amount “C” that was added back into the calculation of the amount of every early retirement pension in payment calculated under subsection 30 (3) or 31 (2), as the case may be, shall be increased by the adjusted indexing factor.  O. Reg. 398/02, s. 14. PART VIII   PURCHASING PENSIONABLE SERVICE Purchase of Service with the Board
46. (1) A member may elect to purchase pensionable service under the pension plan for a period of employment with the Board for which the member does not already have credit under the pension plan.  O. Reg. 398/02, s. 15. (2) The member shall make contributions in the amount determined by the actuary in accordance with generally accepted actuarial principles.  O. Reg. 398/02, s. 15. (3) Subject to subsection (4), a member may not purchase pensionable service under the pension plan for a period of employment for which the member has transferred money from the pension fund, (a)  to a registered pension plan; (b)  to a locked-in registered retirement savings plan; or (c)  for the purchase of a life annuity payable not earlier than the date on which the member would have been entitled to receive a pension under this pension plan.  O. Reg. 398/02, s. 15. (4) A member may purchase pensionable service under the pension plan for a period of employment with the Board for which the member previously transferred money from the pension fund to a plan described in clause (3) (a) or (b) if the funds previously transferred from the pension fund under subsection (3), along with the accumulated investment income, if any, are transferred directly from that plan to the pension fund.  O. Reg. 398/02, s. 15. (5) If a member purchases pensionable service referred to in subsection (4), and the actuary determines, in accordance with generally accepted actuarial principles, that there is a shortfall between the amount that is transferred into the pension fund under subsection (4) and the amount required to purchase the full pensionable service, the member may contribute the amount of the shortfall.  O. Reg. 398/02, s. 15.
47. (1) A temporary employee who becomes a member of the pension plan may elect to be deemed to have become a member of the pension plan on the date on which he or she began employment as a temporary employee and may purchase pensionable service under the pension plan for any period during which he or she was a temporary employee.  O. Reg. 398/02, s. 15. (2) A member who purchases pensionable service under subsection (1) for a period of continuous employment as a temporary employee leading to membership in the pension plan shall make both employer contributions and member contributions, based on the member’s current salary and the contribution rate for members.  O. Reg. 371/04, s. 6. (3) A member who purchases pensionable service under subsection (1) for a period of prior employment as a temporary employee that is not continuous with the period of employment leading to membership in the pension plan shall make contributions in the amount determined by the actuary in accordance with generally accepted actuarial principles.  O. Reg. 398/02, s. 15.
48. (1) A member who was employed by the Board as a probationary employee before January 1, 1987 may elect to purchase pensionable service under the pension plan for the period of probationary employment.  O. Reg. 455/97, s. 48 (1). (2) The member shall make contributions in the amount determined by the actuary based upon his or her current salary and the contribution rate for members.  O. Reg. 455/97, s. 48 (2); O. Reg. 371/04, s. 7. Purchase for a Leave of Absence
49. (1) A member who takes a leave of absence without earnings because of illness or disability may elect to purchase pensionable service under the pension plan for the period of the leave if, (a)  during the leave, the member suffers from a physical or mental illness or disability that prevents the member from performing the duties of the employment in which the member was engaged before the commencement of the illness or disability; and (b)  a legally qualified medical practitioner certifies to the administrator of the pension plan that the member has such an illness or disability.  O. Reg. 455/97, s. 49 (1). (2) A member is not eligible to purchase under this section a period of pensionable service greater than five years less the sum of all periods of pensionable service previously purchased by him or her under this section or section 50 or under section 51 or 52 of Ontario Regulation 753/91 as it read before January 1, 1998.  O. Reg. 455/97, s. 49 (2). (3) An election under subsection (1) must be made within the six-month period beginning on the date that the member returns to work.  O. Reg. 455/97, s. 49 (3). (4) The member shall make contributions equal to the amount he or she would have contributed to the pension plan had the leave not been taken.  O. Reg. 455/97, s. 49 (4). (5) The member shall make the contributions under subsection (4) within the six-month period beginning on the date that the member returns to work.  O. Reg. 455/97, s. 49 (5). (6) If the member makes an election under subsection (1) and makes the contributions under subsection (4), the Board shall make the Board’s contributions with respect to the member for the period of the leave.  O. Reg. 455/97, s. 49 (6). (7) Despite subsections (3), (4) and (5), the member may elect to purchase the pensionable credit after the end of the six-month period and shall make contributions in the amount determined by the actuary in accordance with generally accepted actuarial principles.  O. Reg. 455/97, s. 49 (7).
50. (1) A member who takes a leave of absence without earnings for special or educational purposes may elect to purchase pensionable service under the pension plan for the period of the leave.  O. Reg. 455/97, s. 50 (1). (2) A member is not eligible to purchase under this section a period of pensionable service greater than five years less the sum of all periods of pensionable service previously purchased by him or her under this section or section 49 or under section 51 or 52 of Ontario Regulation 753/91 as it read before January 1, 1998.  O. Reg. 455/97, s. 50 (2). (3) An election under subsection (1) must be made within a period of the same duration as the leave of absence, beginning on the date that the member returns to work.  O. Reg. 455/97, s. 50 (3). (4) The member shall make contributions equal to the amount he or she would have contributed to the pension plan had the leave not been taken plus the amount that the Board would have been credited as having contributed on his or her behalf for the same period.  O. Reg. 455/97, s. 50 (4). (5) The member shall make the contributions under subsection (4) within a period of the same duration as the leave of absence, beginning on the date that the member returns to work.  O. Reg. 455/97, s. 50 (5). (6) Despite subsections (3), (4) and (5), the member may elect to purchase the pensionable credit after the end of the period described in subsection (5) and shall make contributions in the amount determined by the actuary in accordance with generally accepted actuarial principles.  O. Reg. 455/97, s. 50 (6).
51. (1) A member who takes a leave of absence for pregnancy or parental purposes may elect to purchase pensionable service under the pension plan for any period of the leave during which the member has no earnings.  O. Reg. 455/97, s. 51 (1). (2) A member is not eligible to purchase under this section a period of pensionable service greater than the lesser of, (a)  12 months; and (b)  36 months less the sum of all periods of pensionable service previously purchased by him or her under this section or under section 53 of Ontario Regulation 753/91 as it read before January 1, 1998.  O. Reg. 455/97, s. 51 (2). (3) An election under subsection (1) may be made, (a)  before commencing the leave of absence; (b)  during the period, beginning on the date that the member returns to work, of the same duration as the leave of absence or of six months if the leave of absence was less than six months; or (c)  after the end of the period described in clause (b).  O. Reg. 455/97, s. 51 (3). (4) If the election is made in accordance with clause (3) (a), the member shall continue to make contributions during any period of the leave for which the member has no earnings and the Board shall continue to make the Board’s contributions with respect to the member during the same period.  O. Reg. 455/97, s. 51 (4). (5) If the election is made in accordance with clause (3) (b), the member shall make contributions equal to the amount he or she would have contributed to the pension plan had the leave not been taken plus the amount that the Board would have been credited as having contributed on his or her behalf for the same period and the member shall pay the contributions within the period described in clause (3) (b).  O. Reg. 455/97, s. 51 (5). (6) If the election is made in accordance with clause (3) (c), the member shall make contributions in the amount determined by the actuary in accordance with generally accepted actuarial principles.  O. Reg. 455/97, s. 51 (6).
51.1 (1) A member who is absent from work without earnings solely because of a lay-off, strike or lock-out may elect to purchase pensionable service under the pension plan for the period of the absence.  O. Reg. 398/02, s. 16. (2) An election under subsection (1) must be made within the six-month period beginning on the date that the member returns to work.  O. Reg. 398/02, s. 16. (3) The member shall make contributions equal to the amount he or she would have contributed to the pension plan had the absence not occurred.  O. Reg. 398/02, s. 16. (4) The member shall make the contributions under subsection (3) within the six-month period beginning on the date that the member returns to work.  O. Reg. 398/02, s. 16. (5) If the member makes an election under subsection (1) and makes the contributions under subsection (3), the Board shall make the Board’s contributions with respect to the member for the period of the absence.  O. Reg. 398/02, s. 16. (6) Despite subsections (2), (3) and (4), the member may elect to purchase the pensionable service after the end of the six-month period and shall make contributions in the amount determined by the actuary in accordance with generally accepted actuarial principles.  O. Reg. 398/02, s. 16.
52. A member is not eligible to purchase pensionable service under section 49, 50 or 51 in respect of a period for which, (a)  defined benefits are provided to him or her under another registered pension plan; or (b)  contributions are made by or on behalf of him or her under a money purchase provision of a registered pension plan or to a deferred profit sharing plan.  O. Reg. 455/97, s. 52.
53. For the purpose of subsection 50 (4) or 51 (5), the amount that the Board would have been credited as having contributed shall be determined by the Board on the basis of the most recent actuarial valuation.  O. Reg. 455/97, s. 53. Purchase for Active Military Service
54. (1) A member may elect to purchase pensionable service under the pension plan respecting his or her active service during World War II or the Korean War, (a)  in His or Her Majesty’s navy, army or air force or in the Canadian or British Merchant Marine; or (b)  in a navy, army or air force that was allied with His or Her Majesty’s forces.  O. Reg. 455/97, s. 54 (1). (2) The member shall make contributions based upon the person’s current salary and a contribution rate equal to twice the contribution rate for members, plus interest.  O. Reg. 455/97, s. 54 (2). (3) In this section, “active service” has the same meaning as in the National Defence Act (Canada).  O. Reg. 455/97, s. 54 (3). Transferring Pensionable Service from another Pension Plan
55. (1) A person who becomes a member of the pension plan may elect to transfer pensionable service from another registered pension plan.  O. Reg. 398/02, s. 17. (2) An election under subsection (1) must be made within 18 months of the person ceasing to be a member of the other registered pension plan and within 6 months of the person becoming a member of the pension plan.  O. Reg. 398/02, s. 17. (3) The amount of pensionable service that is credited to the member under subsection (1) shall be determined by the actuary in accordance with generally accepted actuarial principles.  O. Reg. 398/02, s. 17. (4) If an amount of money is transferred to the pension fund from a fund maintained to provide benefits under the registered pension plan of which the person was previously a member in connection with a transfer of pensionable service under subsection (1), that portion of the money that may reasonably be considered to derive from the person’s contributions to the other fund, with interest, is deemed to be the person’s contributions under the pension plan.  O. Reg. 398/02, s. 17. (5) A person is not eligible to be credited with pensionable service under the pension plan if the person remains entitled to credit for the same pensionable service under the other registered pension plan.  O. Reg. 398/02, s. 17. (6) Despite subsections (2) to (4), if a person transfers pensionable service from a registered pension plan of an organization with which the Board has concluded a reciprocal agreement under subsection 171 (7) of the Act, the transfer shall be made in accordance with the terms of the reciprocal agreement.  O. Reg. 398/02, s. 17. General
55.1 If a member purchases pensionable service under this Part and its cost is calculated using the applicable contribution rate for members, the Board may charge interest on the total amount that the member is required to pay, calculated from the date on which the Board receives the member’s application to purchase service.  O. Reg. 371/04, s. 8. PART IX   MISCELLANEOUS
56. (1) No right of a person under the pension plan is capable of being assigned, charged, anticipated, given as security or surrendered except by an order under the Family Law Act or by a domestic contract as defined in Part IV of that Act.  O. Reg. 455/97, s. 56 (1). (2) Despite subsection (1), a right of a person under the pension plan may be surrendered for the purpose of reducing benefits in order to avoid the revocation of the registration of the pension plan under the Income Tax Act
(Canada).  O. Reg. 455/97, s. 56 (2).
57. Ontario Regulation 753/91, as it reads immediately before this Regulation comes into force, continues to apply with respect to rights and benefits accrued or vested under the pension plan before January 1, 1998.  O. Reg. 455/97, s. 57.
58. Omitted (revokes other Regulations).  O. Reg. 455/97, s. 58.
59. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 455/97, s. 59.