jswizzle3737/ontario_laws_and_regs huggingface dataset:
Deemed designation
2. Repealed: 1991, c. 54, s. 2.
System continued
3. The system is continued under the name Ontario Municipal Employees Retirement System in English and Régime de retraite des employés municipaux de l’Ontario in French. R.S.O. 1990, c. O.29, s. 3.
Board continued
4. (1) The Ontario Municipal Employees Retirement Board is continued as a corporation under the name Ontario Municipal Employees Retirement Board in English and Commission du régime de retraite des employés municipaux de l’Ontario in French, and the management and administration of the System are vested in the Board. Remuneration of members of Board (2) The remuneration of the members of the Board shall be as recommended by the Board and approved by the Minister. Appointment of officers and employees (3) The Board shall appoint or cause to be appointed such officers, employees, legally qualified medical practitioners and advisers as are necessary to carry out the responsibilities of the Board and shall appoint an auditor and an actuary and determine the remuneration of all such persons. R.S.O. 1990, c. O.29, s. 4 (1-3). Committees (4) The Board may establish committees and may delegate to the committees any of the Board’s powers under this Act. Idem (5) The Board may determine the composition, duties, responsibilities, limitations and operating procedures of its committees and the term of office of committee members. Idem (6) The Board may appoint individuals other than members of the Board to its committees and determine their remuneration. 1991, c. 54, s. 3 (1). Rules and regulations (7) The Board may make rules and regulations for the management and administration of the System and may assign to the persons mentioned in subsection (3) such of its duties as it decides are necessary or desirable. Annual report (8) The Board shall, after the close of each fiscal year, make a report upon its affairs during the preceding year to the Minister, and every such report shall contain a financial statement certified by the auditor, and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. O.29, s. 4 (7, 8). No personal liability (9) No action or other proceeding shall be instituted against a member of the Board or an employee of the Board for any act done in good faith in the execution or intended execution of the person’s duty under this Act or the regulations or for any alleged neglect or default in the execution in good faith of the person’s duty. 1991, c. 54, s. 3 (2).
Fund continued
5. (1) The Ontario Municipal Employees Retirement Fund is continued for the payment of pension benefits to members, their surviving spouses and children, in accordance with the regulations. R.S.O. 1990, c. O.29, s. 5 (1); 1999, c. 6, s. 49 (4); 2005, c. 5, s. 53 (6). What Fund to include (2) The Fund shall include the cash, investments and other assets and the liabilities and the reserves of the Board. R.S.O. 1990, c. O.29, s. 5 (2). Deposits in Fund (3) The contributions of the employers and of the members, the income from investments plus profits less losses on the sale of investments and any other credits of the Board shall be deposited in the Fund. R.S.O. 1990, c. O.29, s. 5 (3). Payments out of Fund (4) The benefits and the expenses of the Board shall be paid out of the Fund. R.S.O. 1990, c. O.29, s. 5 (4).
Auditor
6. The auditor appointed by the Board shall audit the transactions of the Board and shall make a report to the Board on the annual financial statement of the Fund and shall state in the report whether in the auditor’s opinion the annual financial statement presents fairly the financial position of the Fund and the results of its operation for the year. R.S.O. 1990, c. O.29, s. 6.
Actuarial valuation
7. (1) The actuary appointed by the Board shall make an actuarial study and valuation of the assets and liabilities of the Fund as required by the Board, but not less frequently than at three-year intervals, and shall report thereon to the Board and shall make such recommendations to the Board as the actuary considers advisable for the proper management and administration of the System. Idem (2) The report to the Board shall include a statement of the actuarial assumptions used by the actuary in the preparation of the valuation mentioned in subsection (1). R.S.O. 1990, c. O.29, s. 7.
Investments
8. The Board shall invest the Fund in accordance with the Pension Benefits Act. 1991, c. 54, s. 4.
Prohibition, employers
9. (1) An employer shall not make a contribution for the provision of a pension to an employee unless the contribution is made, (a) under this Act or the Canada Pension Plan; or (b) under an approved pension plan in respect of an employee who became employed by the employer before the 1st day of July, 1965, provided that such plan was in effect on such day and the contribution is in respect of service of the employee before he or she becomes entitled to be a member under the regulations. R.S.O. 1990, c. O.29, s. 9 (1); 1998, c. 15, Sched. D, s. 2 (1). Exception (1.1) Subsection (1) does not apply to associated employers. Conflict (1.2) Subsection (1) applies despite any general or special Act. 1998, c. 15, Sched. D, s. 2 (2). Where bargaining agreement (2) If an employer is required to make contributions to an approved pension plan under the terms of a bargaining agreement with respect to any employees and to persons who may become employees, the date the agreement is terminated or the 1st day of July, 1968, whichever is earlier, shall be substituted for the 1st day of July, 1965, in subsection (1) as it applies to such employees or persons. R.S.O. 1990, c. O.29, s. 9 (2). Payment to associated employer (3) A payment by a municipality or local board to an associated employer with respect to the service, program or thing provided on its behalf by the associated employer does not constitute a contribution for the provision of a pension to an employee of the associated employer. 1998, c. 15, Sched. D, s. 2 (2).
Eligibility for membership
9.1 (1) An employee of an associated employer described in clause (a) of the definition of “associated employer” in section 1 is eligible to be a member of the System only if the employee’s duties relate primarily to the provision of the service, program or thing provided by the associated employer on behalf of the municipality or local board. Same (2) An employee of an associated employer described in clause (b) of the definition of “associated employer” in section 1 is eligible to be a member of the System only if the employee’s duties relate primarily to the activities referred to in clause (b) of that definition. Same (3) An employee of an associated employer described in clause (c) of the definition of “associated employer” in section 1 is eligible to be a member of the System only if the employee’s duties relate primarily to such services, programs or things as may be prescribed. Administrative activities (4) For the purposes of this section, the employee’s duties may include administrative activities relating to the provision of the service, program or thing or the performance of the corporation’s duties, as the case may be. 1998, c. 15, Sched. D, s. 3.
Contributions of members
10. The contributions of the members shall be as prescribed in the regulations. R.S.O. 1990, c. O.29, s. 10.
Contributions of employers
11. The contributions of the employers who participate in the System shall be such an amount as is required, in addition to the contributions of the members and the interest earned by the Fund, to provide for the payment of the benefits and the expenses under the regulations. R.S.O. 1990, c. O.29, s. 11.
Void transactions, etc.
12. Sections 65 and 66 of the Pension Benefits Act and the regulations made in relation to those sections apply to benefits payable under this Act. 1991, c. 54, s. 5.
Sum payable by employer recoverable
13. Any sum the payment of which has not been made by an employer as required in the regulations is a debt recoverable from the employer by the Board in a court of competent jurisdiction. R.S.O. 1990, c. O.29, s. 13.
Power of employer to participate in System
15. (1) An employer may by by-law or resolution participate in the System and pay to the Fund the total of the employer and member contributions, and has all of the powers necessary and incidental thereto. Participation in System (2) Participation in the System by a municipality may be in respect of both councillors and employees or in respect of either of them. R.S.O. 1990, c. O.29, s. 15. Restriction (2.1) An associated employer may participate in the System upon such conditions as the Board and the employer agree. 1998, c. 15, Sched. D, s. 5. Restriction (3) No by-law or resolution made under subsection (1) shall be repealed or revoked except upon such terms as may be established by the Board. 1991, c. 54, s. 7.
Administration of other plans or funds
16. (1) The Board may, with the approval of the Lieutenant Governor in Council, enter into an agreement to administer any pension plan or fund to which the other provisions of this Act do not apply and to recover the cost of such administration from such plan or fund. Money deposited in Fund (2) Money accumulated from time to time in a pension plan or fund mentioned in subsection (1), which is not required for the current expenditures of such plan or fund, may be deposited in the Fund. Return credited by Fund (3) The return to be credited by the Fund to a pension plan or fund mentioned in subsection (1) shall be as provided for in an agreement mentioned in subsection (1). R.S.O. 1990, c. O.29, s. 16.
Payment of surplus
17. Surplus may be paid from the Fund in accordance with such conditions as may be prescribed by the regulations and subject to the limitations of the Pension Benefits Act. 1991, c. 54, s. 8. ______________ Français