jswizzle3737/ontario_laws_and_regs huggingface dataset:
41 (1) A former member is entitled to elect to receive an early retirement pension under the pension plan if he or she has terminated employment and is within 10 years of reaching the normal retirement date.  2010, c. 9, s. 28 (1). Idem (2) A member who is within ten years of attaining the normal retirement date and who would be entitled to a deferred pension on termination of employment with the employer is entitled upon termination of the employment or on the wind up of the pension plan in whole or in part to receive an early retirement pension under the pension plan.  R.S.O. 1990, c. P.8, s. 41 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 41 (2) of the Act is amended by striking out “in whole or in part”. (See: 2020, c. 36, Sched. 37, s. 9) Commuted value (3) The commuted value of a member’s early retirement pension must be not less than the commuted value of the member’s pension benefit under the pension plan.  R.S.O. 1990, c. P.8, s. 41 (3). Idem, former member (4) The commuted value of a former member’s early retirement pension must be not less than the commuted value of the former member’s deferred pension benefit under the pension plan.  R.S.O. 1990, c. P.8, s. 41 (4). Payment (5) The member or former member is entitled to require the commencement of payment of the early retirement pension at any time within the ten year period mentioned in subsection (1) or (2).  R.S.O. 1990, c. P.8, s. 41 (5). Election (6) An election under subsection (1) or (2) shall be made in writing, signed by the member or former member and delivered to the administrator of the pension plan.  R.S.O. 1990, c. P.8, s. 41 (6). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 28 (1) - 01/07/2012; 2010, c. 9, s. 28 (2) - no effect - see 2020, c. 36, Sched. 37, s. 25 - 08/12/2020 2020, c. 36, Sched. 37, s. 9 - not in force
45 (1) Before commencing payment of a pension or pension benefit, the administrator of a pension plan shall require the person entitled to the payment to provide to the administrator the information needed to calculate and pay the pension or pension benefit. Person to provide information (2) The person entitled to the payment shall provide the information to the administrator. Discharge of administrator (3) In the absence of actual notice to the contrary, the administrator is discharged on paying the pension or pension benefit in accordance with the information provided by the person in accordance with subsection (2) or, if the person does not provide the information, in accordance with the latest information in the records of the administrator.  R.S.O. 1990, c. P.8, s. 45.
46 (1) The persons entitled to a joint and survivor pension benefit may waive the entitlement to receive payment of pension benefits in the form of a joint and survivor pension by delivering to the administrator of the pension plan or, in the case of a deferred life annuity, to the insurance company a written waiver in the form approved by the Chief Executive Officer or a certified copy of a domestic contract containing the waiver.  R.S.O. 1990, c. P.8, s. 46 (1); 1997, c. 28, s. 198; 2009, c. 11, s. 43; 2018, c. 8, Sched. 23, s. 23. Time (2) The waiver is not effective unless the following condition is satisfied: 1.  For a written waiver in the form approved by the Chief Executive Officer, the form is dated and signed within the 12 months preceding commencement of payment of the pension benefit and is delivered to the administrator or insurance company within that 12-month period. 2.  For a certified copy of a domestic contract, the certified copy is delivered to the administrator or insurance company within the 12 months preceding commencement of payment of the pension benefit.  2010, c. 9, s. 31; 2018, c. 8, Sched. 23, s. 23. Cancellation of waiver (3) Persons who have delivered a waiver may jointly cancel it by delivering a written and signed notice of cancellation to the administrator or the insurance company, as the case may be, before the commencement of payment of the pension benefit.  1999, c. 15, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 198 - 01/01/1998; 1999, c. 15, s. 7 - 03/03/2000 2009, c. 11, s. 43 - 01/01/2012 2010, c. 9, s. 31 - 18/05/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
47 If the spouse of a deceased former member or retired member of a pension plan is receiving a pension under the pension plan, he or she is not disentitled to payment of the pension by reason only of becoming the spouse of another person after the death of the former member or retired member.  2010, c. 9, s. 32. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 53 (9) - 01/03/2000 2005, c. 5, s. 56 (13) - 13/06/2005 2010, c. 9, s. 32 - 01/07/2012
49 (1) A pension plan may permit variation in the terms of payment of a pension benefit, deferred pension or pension by reason of the mental or physical disability of a member, former member or retired member that is likely to considerably shorten his or her life expectancy.  2010, c. 9, s. 34. Shortened life expectancy (2) A pension plan shall be deemed to permit variation in the terms of payment of a pension or deferred pension in such circumstances of shortened life expectancy as may be prescribed, if the prescribed conditions are satisfied.  1999, c. 15, s. 9. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 9 - 03/03/2000 2010, c. 9, s. 34 - 01/07/2012
50 (1) A pension plan may provide for payment of the commuted value of a benefit to a former member or retired member, (a)  if the annual benefit payable at the normal retirement date is not more than 4 per cent of the Year’s Maximum Pensionable Earnings in the year that he or she terminated employment; or (b)  if the commuted value of the benefit is less than 20 per cent of the Year’s Maximum Pensionable Earnings in the year that he or she terminated employment.  2010, c. 9, s. 35 (1, 2). Idem (2) A pension plan registered before the 1st day of January, 1988 may provide that upon termination of employment a person entitled to a deferred pension under section 36 (deferred pension) is entitled to payment of an amount not greater than 25 per cent of the commuted value of the deferred pension.  R.S.O. 1990, c. P.8, s. 50 (2). Right to transfer amount (3) A person entitled to a payment described in subsection (1) or (2) may require the administrator to pay the applicable amount into a registered retirement savings arrangement and may exercise this entitlement by delivering a direction to the administrator within the prescribed period.  2010, c. 9, s. 35 (3). Same (4) Section 50.1 applies with respect to the payment into the registered retirement savings arrangement.  2010, c. 9, s. 35 (3). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 35 (1-3) - 01/07/2012
50.0.1 A pension plan may provide for payment of the commuted value of a deferred pension to a former member if both of the following circumstances exist: 1.  The former member is a non-resident of Canada for the purposes of the Income Tax Act (Canada). 2.  If the former member has a spouse, the spouse has waived any rights the spouse may have in the pension fund under this Act or under the pension plan by delivering a written waiver, in the form approved by the Chief Executive Officer, to the administrator. 2018, c. 8, Sched. 23, s. 23; 2018, c. 17, Sched. 33, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23- 08/06/2019; 2018, c. 17, Sched. 33, s. 5 - 06/12/2018 Payments into registered retirement savings arrangements
50.1 (1) When a person delivers a direction to the administrator of a pension plan in accordance with subsection 39 (4.1), 39.1.1 (7), 44 (8), 48 (4) or (8.2), 50 (3) or 63 (9) to pay an amount into a registered retirement savings arrangement, the administrator shall make the payment in accordance with the direction and shall do so within the prescribed period.  2010, c. 9, s. 36; 2017, c. 8, Sched. 27, s. 9. Lump sum payment (2) If the amount to be paid into the registered retirement savings arrangement is greater than the amount prescribed under the Income Tax Act (Canada) for such a transfer, the administrator shall pay the portion that exceeds the prescribed amount as a lump sum to the person who gave the administrator the direction.  2010, c. 9, s. 36. Discharge of administrator (3) The administrator is discharged on making the payment in accordance with the person’s direction if the payment complies with this Act and the regulations.  2010, c. 9, s. 36. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 36 - 01/07/2012 2017, c. 8, Sched. 27, s. 9 - 01/01/2020 51 Repealed: 2009, c. 11, s. 45. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 53 (17-19) - 01/03/2000 2005, c. 5, s. 56 (23-25) - 13/06/2005 2009, c. 11, s. 45 - 01/01/2012
52 (1) The sex of a member, former member, retired member or other beneficiary under a pension plan shall not be taken into account in, (a)  determining the amount of contributions required to be made by a member of the plan; (b)  determining the pension benefits, deferred pension or pension or the commuted value of pension benefits, deferred pension or pension to which the member, former member, retired member or other beneficiary may become entitled; (c)  the provision of eligibility conditions for membership; and (d)  the provision of ancillary benefits.  R.S.O. 1990, c. P.8, s. 52 (1); 2010, c. 9, s. 37. Administration (2) In order to comply with subsection (1), the administrator may, (a)  use annuity factors that do not differentiate as to sex; (b)  provide for employer contributions that vary according to the sex of the employee; or (c)  use any prescribed method of calculation or valuation.  R.S.O. 1990, c. P.8, s. 52 (2). Application (3) This section applies in respect of contributions, benefits and conditions in relation to, (a)  employment after the 31st day of December, 1986; (b)  employment before the 1st day of January, 1987, in so far as it is dealt with in an amendment made to the pension plan after the 31st day of December, 1986; and (c)  employment before the 1st day of January, 1987, in so far as it is dealt with in a pension plan established after the 31st day of December, 1986.  R.S.O. 1990, c. P.8, s. 52 (3). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 37 (1, 2) - 01/07/2012
53 (1) Pension benefits, pensions or deferred pensions shall be adjusted in accordance with the established formula or formulas and in the prescribed manner to provide inflation-related increases. Idem (2) Any formula or formulas for any inflation related adjustments to pension benefits, pensions or deferred pensions shall be established only by amendment to this Act.  R.S.O. 1990, c. P.8, s. 53.
54 (1) The reduction of a pension benefit that may be required by a pension plan in relation to payments under the Canada Pension Plan, the Quebec Pension Plan or the Old Age Security Act (Canada) shall not exceed the reduction calculated in accordance with the prescribed formula applied in the prescribed manner.  R.S.O. 1990, c. P.8, s. 54 (1). Restriction (2) The amount of the reduction that is required by the pension plan in relation to those payments shall not be increased by reason of an increase in those payments after the date on which the member’s employment or membership in the plan is terminated.  2010, c. 9, s. 38 (1). Reduction re Old Age Security Act (Canada) (3) A pension plan for registration of which application is made on or after the 1st day of January, 1988 shall not permit the reduction of a pension benefit based on a person’s entitlement under the Old Age Security Act (Canada).  R.S.O. 1990, c. P.8, s. 54 (3). Application of subs. (3) (4) Subsection (3) does not apply to a pension plan that is a successor of a pension plan registered under the Pension Benefits Act, being chapter 373 of the Revised Statutes of Ontario, 1980, that permitted such a reduction.  R.S.O. 1990, c. P.8, s. 54 (4). Idem (5) A pension plan shall not permit reduction of a pension benefit based on a person’s entitlement under the Old Age Security Act (Canada) in respect of a benefit accrued on or after the 1st day of January, 1987.  R.S.O. 1990, c. P.8, s. 54 (5). Bridging benefit (6) If a pension plan provides for the reduction of a bridging benefit because a person receives or is eligible to receive retirement benefits under the Canada Pension Plan or the Quebec Pension Plan before he or she reaches 65 years of age, the reduction may only be made in the prescribed circumstances.  2010, c. 9, s. 38 (2). Variations based on other benefits (7) Where a pension plan provides for the variation of a pension benefit by reason of benefits payable under the Canada Pension Plan, the Quebec Pension Plan or the Old Age Security Act (Canada), the variation shall be applied in the prescribed manner.  R.S.O. 1990, c. P.8, s. 54 (7). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 38 (1, 2) - 18/05/2010 Contributions
55 (1) A pension plan must provide for funding sufficient to provide the pension benefits, ancillary benefits and other benefits under the pension plan in accordance with this Act and the regulations.  R.S.O. 1990, c. P.8, s. 55 (1); 2010, c. 9, s. 39 (1). Payment by employers, etc. (2) An employer required to make contributions under a pension plan, or a person or entity required to make contributions under a pension plan on behalf of an employer, shall make the contributions in accordance with the prescribed requirements for funding and shall make the contributions in the prescribed manner and at the prescribed times, (a)  to the pension fund; or (b)  if pension benefits under the pension plan are paid by an insurance company, to the insurance company that is the administrator of the pension plan.  R.S.O. 1990, c. P.8, s. 55 (2); 2005, c. 31, Sched. 18, s. 6 (1); 2010, c. 9, s. 39 (2). Payment by members (3) Members of a pension plan that provides contributory benefits shall make the contributions required under the plan in the prescribed manner and at the prescribed times.  2005, c. 31, Sched. 18, s. 6 (2). Same, jointly sponsored pension plans (4) Members of a jointly sponsored pension plan shall make the contributions required under the plan (including their obligations in respect of any going concern unfunded liability and, except in the case of plans described in subsection 1 (2.1), in respect of any reduced solvency deficiency) in accordance with the prescribed requirements for funding and shall make the contributions in the prescribed manner and at the prescribed times.  2010, c. 24, s. 16; 2017, c. 34, Sched. 33, s. 21. Section Amendments with date in force (d/m/y) 2005, c. 31, Sched. 18, s. 6 (1-3)
- 31/12/2004 2010, c. 9, s. 39 (1-3) - 18/05/2010; 2010, c. 24, s. 16 - 01/06/2011 2017, c. 34, Sched. 33, s. 21 - 01/05/2018
55.1 (1) An employer required to make contributions under a pension plan, or a person or entity required to make contributions under a pension plan on behalf of an employer, may reduce or suspend, in the prescribed manner, contributions for the normal cost of the pension plan and contributions for the provision for adverse deviations in respect of the normal cost of the pension plan if the pension plan has an available actuarial surplus and if such other requirements as may be prescribed are satisfied.  2010, c. 24, s. 17; 2017, c. 34, Sched. 33, s. 22 (1). Same (2) The contributions that members of a pension plan are required to make for the normal cost of the pension plan may be reduced or suspended in the prescribed manner if the pension plan has an available actuarial surplus and if such other requirements as may be prescribed are satisfied.  2010, c. 24, s. 17; 2017, c. 34, Sched. 33, s. 22 (2). Same, jointly sponsored pension plan (2.1) Any contributions that members of a jointly sponsored pension plan are required to make for the provision for adverse deviations in respect of the normal cost of the pension plan may be reduced or suspended in the prescribed manner if the pension plan has a surplus and if such other requirements as may be prescribed are satisfied. 2017, c. 34, Sched. 33, s. 22 (3). Exception (3) However, contributions cannot be reduced or suspended under this section if the documents that create and support the pension plan or the pension fund prohibit the reduction or suspension.  2010, c. 24, s. 17. Conflict (4) This section prevails over subsections 55 (2), (3) and (4).  2010, c. 24, s. 17. No limitation (4.1) This section does not prevent the reduction or suspension of contributions for normal cost of the pension plan or contributions for the provision for adverse deviations in respect of the normal cost of the pension plan if the reduction or suspension is otherwise authorized by this Act or the regulations. 2019, c. 7, Sched. 48, s. 3. Interpretation, “available actuarial surplus” (5) In this section, “available actuarial surplus” means the portion of the surplus that is determined in accordance with the regulations. 2017, c. 34, Sched. 33, s. 22 (4). Section Amendments with date in force (d/m/y) 2010, c. 24, s. 17 - 01/05/2018 2017, c. 34, Sched. 33, s. 22 (1-4) - 01/05/2018 2019, c. 7, Sched. 48, s. 3 - 29/05/2019
56 (1) The administrator of a pension plan and the agent, if any, of the administrator who is responsible for receiving contributions under the pension plan shall ensure that all contributions are paid when due. Notice (2) If a contribution is not paid when due, the administrator and the agent, if any, shall notify the Chief Executive Officer in the prescribed manner and within the prescribed period.  1999, c. 15, s. 10; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 10 - 03/03/2000 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
56.1 (1) The administrator shall give the persons who are prescribed for the purposes of subsection 22 (6) (trustee of pension fund) a summary of the contributions required to be made in respect of the pension plan, and shall do so in the prescribed manner and within the prescribed period.  1999, c. 15, s. 10. Exception (1.1) Subsection (1) does not apply if the administrator is also the trustee of the pension fund.  2005, c. 31, Sched. 18, s. 7. Notice re summary (2) A person who is entitled to receive a summary shall notify the Chief Executive Officer in the prescribed manner and within the prescribed period if the person is not given the summary in accordance with subsection (1).  1999, c. 15, s. 10; 2018, c. 8, Sched. 23, s. 23. Notice re contributions (3) A person who is entitled to receive a summary shall notify the Chief Executive Officer in the prescribed manner and within the prescribed period if a contribution is not paid when due.  1999, c. 15, s. 10; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 10 - 03/03/2000 2005, c. 31, Sched. 18, s. 7 - 15/12/2005 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
57 (1) Where an employer receives money from an employee under an arrangement that the employer will pay the money into a pension fund as the employee’s contribution under the pension plan, the employer shall be deemed to hold the money in trust for the employee until the employer pays the money into the pension fund.  R.S.O. 1990, c. P.8, s. 57 (1). Money withheld (2) For the purposes of subsection (1), money withheld by an employer, whether by payroll deduction or otherwise, from money payable to an employee shall be deemed to be money received by the employer from the employee.  R.S.O. 1990, c. P.8, s. 57 (2). Accrued contributions (3) An employer who is required to pay contributions to a pension fund shall be deemed to hold in trust for the beneficiaries of the pension plan an amount of money equal to the employer contributions due and not paid into the pension fund.  R.S.O. 1990, c. P.8, s. 57 (3). Wind up (4) Where a pension plan is wound up in whole or in part, an employer who is required to pay contributions to the pension fund shall be deemed to hold in trust for the beneficiaries of the pension plan an amount of money equal to employer contributions accrued to the date of the wind up but not yet due under the plan or regulations.  R.S.O. 1990, c. P.8, s. 57 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57 (4) of the Act is amended by striking out “in whole or in part”. (See: 2020, c. 36, Sched. 37, s. 10) Jointly sponsored pension plans (4.1) An employer who transfers assets under section 80.4 from a single employer pension plan to a jointly sponsored pension plan and who is required to make a payment under subsection 80.4 (18) for the benefit of transferred members and other transferees shall be deemed to hold in trust for the transferred members and other transferees an amount of money equal to any payment due under subsection 80.4 (18) that has not been paid into the pension fund of the jointly sponsored pension plan. 2014, c. 7, Sched. 26, s. 6 (1). Lien and charge (5) The administrator of the pension plan has a lien and charge on the assets of the employer in an amount equal to the amounts deemed to be held in trust under this section.  R.S.O. 1990, c. P.8, s. 57 (5); 2014, c. 7, Sched. 26, s. 6 (2). Application of subss. (1, 3, 4, 4.1) (6) Subsections (1), (3), (4) and (4.1) apply whether or not the money has been kept separate and apart from other money or property of the employer.  R.S.O. 1990, c. P.8, s. 57 (6); 2014, c. 7, Sched. 26, s. 6 (3). Money to be paid to insurance company (7) Subsections (1) to (6) apply with necessary modifications in respect of money to be paid to an insurance company that guarantees pension benefits under a pension plan.  R.S.O. 1990, c. P.8, s. 57 (7). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 40 - no effect - see 2020, c. 36, Sched. 37, s. 25 - 08/12/2020 2014, c. 7, Sched. 26, s. 6 (1-3)
- 01/11/2015 2020, c. 36, Sched. 37, s. 10 - not in force
58 (1) Money that an employer is required to pay into a pension fund accrues on a daily basis. Interest (2) Interest on contributions shall be calculated and credited at a rate not less than the prescribed rates and in accordance with prescribed requirements.  R.S.O. 1990, c. P.8, s. 58.
59 The administrator may commence proceedings in a court of competent jurisdiction to obtain payment of contributions due under the pension plan, this Act and the regulations.  R.S.O. 1990, c. P.8, s. 59.
60 The administrator of a multi-employer pension plan may require a person who receives contributions to the pension fund or who administers or invests the pension fund to be bonded in an amount required by the administrator or in the prescribed amount.  R.S.O. 1990, c. P.8, s. 60.
61 An employer who is required to make contributions to a multi-employer pension plan shall transmit to the administrator of the plan a copy of the agreement that requires the employer to make the contributions or a written statement that sets out the contributions the employer is required to make and any other obligations of the employer under the pension plan.  R.S.O. 1990, c. P.8, s. 61.
62 Every person engaged in selecting an investment to be made with the assets of a pension fund shall ensure that the investment is selected in accordance with the criteria set out in this Act and prescribed by the regulations.  R.S.O. 1990, c. P.8, s. 62.
62.1 (1) This section applies, (a)  if an employer pays an amount in respect of a pension plan that should have been paid out of the pension fund; or (b)  if an employer makes an overpayment into the pension fund.  2010, c. 24, s. 19. Prerequisite for reimbursement (2) The administrator of the pension plan is not permitted to make or authorize a payment from the pension fund to reimburse the employer for a payment described in subsection (1) unless the Chief Executive Officer consents in advance to the payment from the pension fund to the employer.  2010, c. 24, s. 19; 2018, c. 8, Sched. 23, s. 23. Application for reimbursement (3) The employer or, in the case of a jointly sponsored pension plan or multi-employer pension plan, the administrator may apply to the Chief Executive Officer for consent to the payment from the pension fund to reimburse the employer for a payment described in subsection (1).  2010, c. 24, s. 19; 2018, c. 8, Sched. 23, s. 23. Deadline (4) The application must be made before the later of, (a)  24 months after the date on which the employer made the payment described in subsection (1); and (b)  six months after the date on which the administrator, acting reasonably, becomes aware of the payment described in subsection (1).  2010, c. 24, s. 19. Consent (5) Subject to section 89, the Chief Executive Officer may consent to the payment from the pension fund to the employer if the application is made before the deadline described in subsection (4).  2010, c. 24, s. 19; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2010, c. 24, s. 19 - 08/12/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Locking In
67 (1) Subject to subsection (3), a pension, deferred pension, pension benefit, annuity or prescribed retirement savings arrangement that results from a purchase or transfer under the following provisions to which a person is entitled is not capable of being commuted or surrendered, in whole or in part, during the person’s life: 0.1  Subject to subsection (3), section 39.1 (variable benefits). 0.2  Subsection 39.1.1 (7) (spouse’s right to transfer entitlement). 1.  Section 42 (transfer). 2.  Section 43 (purchase of pension). 2.1  Section 43.1 (purchase of pension, single employer pension plan). 3.  Section 48 (pre-retirement death benefit). 4.  Section 67.3 (transfer of a lump sum for certain family law purposes). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 67 (1) of the Act is amended by adding the following paragraph: (See: 2019, c. 14, Sched. 9, s. 28) 4.1  Section 67.3.1 (Transfer of lump sum from a successor pension plan for certain family law purposes). 5.  Section 67.4 (division of a pension for certain family law purposes). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 67 (1) of the Act is amended by adding the following paragraph: (See: 2019, c. 14, Sched. 9, s. 28) 5.0.1  Section 67.4.1 (Division of pension from a successor pension plan for certain family law purposes). 5.1  Section 67.8 (transfer of lump sum from variable benefit account for certain family law purposes). 6.  Subsection 73 (2) (transfer rights on wind up). 2017, c. 8, Sched. 27, s. 12 (1, 2-4); 2018, c. 17, Sched. 33, s. 8 (1, 2). Void transaction (2) A transaction that purports to commute or surrender, in whole or in part, such a pension, deferred pension, pension benefit, annuity or prescribed retirement savings arrangement is void.  R.S.O. 1990, c. P.8, s. 67 (2); 1998, c. 34, s. 91 (2). Application of subss. (1, 2) (3) Subsections (1) and (2) do not apply to a variation of a pension or deferred pension under section 49 (variation of payment to disabled person) or to a commutation of a benefit under subsection 39.1 (5) (withdrawal from variable benefit account), section 50 (commuted value) or section 50.0.1 (unlocking for non-resident).  R.S.O. 1990, c. P.8, s. 67 (3); 2018, c. 17, Sched. 33, s. 8 (3); 2018, c. 17, Sched. 33, s. 8 (4). Same (4) Subsections (1) and (2) do not apply to the commutation or surrender, in whole or in part, of a prescribed retirement savings arrangement in such circumstances or in such amounts as may be prescribed, subject to such restrictions as may be prescribed.  1998, c. 34, s. 91 (3). (5)-(7) Repealed: 2012, c. 8, Sched. 44, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 34, s. 91 (1-3) - 18/12/1998; 1999, c. 15, s. 12 - 03/03/2000 2009, c. 11, s. 48 - 01/01/2012 2012, c. 8, Sched. 44, s. 4 - 01/01/2014 2015, c. 20, Sched. 34, s. 5 - no effect - see 2017, c. 8, Sched. 27, s. 20 2017, c. 8, Sched. 27, s. 12 (1) - 17/05/2017; 2017, c. 8, Sched. 27, s. 12 (2-4) - 01/01/2020 2018, c. 17, Sched. 33, s. 8 (1, 4) - 01/01/2020; 2018, c. 17, Sched. 33, s. 8 (2, 3) - 06/12/2018 2019, c. 14, Sched. 9, s. 28 - not in force Family Law Matters
67.1 (1) In this section and in sections 67.2 to 67.9, “family law valuation date” means, with respect to a member, former member or retired member of a pension plan and his or her spouse, (a)  the spouses’ valuation date under Part I (Family Property) of the Family Law Act, or (b)  for spouses to whom Part I of that Act does not apply, the date on which they separate and there is no reasonable prospect that they will resume cohabitation; (“date d’évaluation en droit de la famille”) “spouse” has the same meaning as in section 29 of the Family Law Act. (“conjoint”)  2009, c. 11, s. 49; 2010, c. 9, s. 43 (1); 2017, c. 8, Sched. 27, s. 13 (1). Former spouse (2) A reference in this section and in sections 67.2 to 67.9 to the spouse of a member, former member or retired member of a pension plan is, where circumstances require, a reference to him or her as the former spouse of the member, former member or retired member.  2010, c. 9, s. 43 (2); 2017, c. 8, Sched. 27, s. 13 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 67.1 of the Act is amended by adding the following subsection: (See: 2019, c. 14, Sched. 9, s. 29) Changes in membership status after family law valuation date (3) For greater certainty, sections 67.2 to 67.5 shall be interpreted so as to take into account any change to an individual’s status as a member, a former member or a retired member of a pension plan that occurs after the family law valuation date and, for that purpose, a reference to an individual in terms of their status in those sections is to be read as a reference to the relevant status of the individual and to the individual’s pension benefits, deferred pension or pension as of the date of any event or action that is relevant to the application of the provision. 2019, c. 14, Sched. 9, s. 29. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 49 - 01/01/2012 2010, c. 9, s. 43 (1, 2) - 01/07/2012 2017, c. 8, Sched. 27, s. 13 (1, 2) - 01/01/2020 2019, c. 14, Sched. 9, s. 29 - not in force Valuation for family law purposes
67.5 (1) An order made under Part I (Family Property) of the Family Law Act, a family arbitration award or a domestic contract is not effective to the extent that it purports to require the administrator of a pension plan to divide the pension benefits, deferred pension or pension, as the case may be, of a member, former member or retired member of the plan otherwise than as provided under section 67.3 or 67.4.  2009, c. 11, s. 49; 2010, c. 9, s. 47 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 67.5 (1) of the Act is amended by striking out “section 67.3 or 67.4” at the end and substituting “sections 67.3 to 67.4.1”. (See: 2019, c. 14, Sched. 9, s. 35) Transition, valuation date (2) This section applies whether the family law valuation date for the member, former member or retired member and his or her spouse is before, on or after the date on which this section comes into force.  2009, c. 11, s. 49; 2010, c. 9, s. 47 (2). Transition, previous orders, etc. (3) This section does not apply to an order, family arbitration award or domestic contract to which section 67.6 applies.  2009, c. 11, s. 49. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 49 - 01/01/2012 2010, c. 9, s. 47 (1, 2) - 01/07/2012 2019, c. 14, Sched. 9, s. 35 - not in force
67.6 (1) This section applies to an order under Part I (Family Property) of the Family Law Act, family arbitration award or domestic contract that requires one spouse to pay to the other spouse the amount to which that spouse is entitled under section 5 (equalization of net family properties) of that Act, if the order, award or contract was made before the date on which this section comes into force.  2009, c. 11, s. 49. Amendments (2) The application of this section to an order, family arbitration award or domestic contract described in subsection (1) is not affected by an amendment or variation made on or after the date on which this section comes into force to the order, award or contract, if, (a)  the order, award or contract provided, before that date, for the division of a party’s interest in a pension plan; and (b)  the amendment or variation is made in order to facilitate or effect the division of the party’s interest in the pension plan in accordance with the order, award or contract.  2009, c. 11, s. 49. Timing of payment (3) The order, family arbitration award or domestic contract is not effective to require payment of a pension benefit before the earlier of, (a)  the date on which payment of the pension benefit commences; or (b)  the normal retirement date of the relevant member or former member.  2009, c. 11, s. 49. Maximum percentage (4) The order, family arbitration award or domestic contract is not effective to cause the spouse to become entitled to more than 50 per cent of the pension benefits, calculated in the prescribed manner, accrued by the member, former member or retired member during the period when they were spouses.  2009, c. 11, s. 49; 2010, c. 9, s. 48 (1). Discharge of administrator (5) If payment of a pension or a deferred pension is divided between spouses by the order, family arbitration award or domestic contract, the administrator is discharged on making payment in accordance with the order, award or contract.  2009, c. 11, s. 49. Revaluation of joint and survivor pension (6) If the order, family arbitration award or domestic contract affects a pension, the administrator of the pension plan shall revalue the pension in the prescribed manner.  2009, c. 11, s. 49. Entitlement to options (7) The spouse has the same entitlement, on termination of employment by the member, former member or retired member, to any option available in respect of the spouse’s interest in the pension benefits as the member, former member or retired member has in respect of his or her pension benefits.  2010, c. 9, s. 48 (2). Section Amendments with date in force (d/m/y) 2009, c. 11, s. 49 - 01/01/2012 2010, c. 9, s. 48 (1, 2) - 01/07/2012
67.7 (1) Despite sections 67.2 to 67.6, this section and sections 67.8 and 67.9 apply to the valuation and division of a retired member’s variable benefit account for family law purposes. 2017, c. 8, Sched. 27, s. 14. Preliminary valuation (2) The preliminary value of the funds in a retired member’s variable benefit account, before apportionment for family law purposes, is determined by the administrator in accordance with the regulations and as of the family law valuation date of the retired member and the retired member’s spouse. 2017, c. 8, Sched. 27, s. 14. Imputed value for family law purposes (3) The imputed value, for family law purposes, of the funds in a retired member’s variable benefit account is that portion of the preliminary value that is attributed by the administrator, in accordance with the regulations, (a)  to the period beginning with the date of the spouses’ marriage and ending on their family law valuation date, for the purpose of an order under Part I (Family Property) of the Family Law Act; or (b)  to the period beginning with the date determined in accordance with the regulations and ending on the spouses’ family law valuation date, for the purposes of a family arbitration award or domestic contract. 2017, c. 8, Sched. 27, s. 14. Application for statement of imputed value (4) The following persons may apply to the administrator, in accordance with the prescribed requirements, for a statement of imputed value, for family law purposes, of the funds in the retired member’s variable benefit account: 1.  In the case of spouses to whom Part I of the Family Law Act applies, either spouse. 2.  In the case of spouses to whom Part I of the Family Law Act does not apply, the retired member. 2017, c. 8, Sched. 27, s. 14; 2017, c. 34, Sched. 33, s. 27. Application fee (5) The application must be accompanied by the applicable fee, if any, imposed by the administrator and the applicable fee must not exceed the prescribed amount. 2017, c. 8, Sched. 27, s. 14. Duty to determine imputed value (6) Once the application is complete, the administrator shall determine the imputed value, for family law purposes, of the funds in the retired member’s variable benefit account. 2017, c. 8, Sched. 27, s. 14. Duty to provide statement (7) The administrator shall give a statement containing the prescribed information to both spouses within the prescribed period. 2017, c. 8, Sched. 27, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 27, s. 14 - 01/01/2020; 2017, c. 34, Sched. 33, s. 27 - 01/01/2020 Transfer of lump sum from variable benefit account for certain family law purposes
67.9 An order made under Part I (Family Property) of the Family Law Act, a family arbitration award or a domestic contract is not effective to the extent that it purports to require the administrator of a plan, (a)  to divide the funds in a retired member’s variable benefit account otherwise than as provided under section 67.7; or (b)  to divide variable benefits payments made from the funds in a retired member’s variable benefit account. 2017, c. 8, Sched. 27, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 27, s. 14 - 01/01/2020 Winding Up
68 (1) The employer or, in the case of a multi-employer pension plan, the administrator may wind up the pension plan.  R.S.O. 1990, c. P.8, s. 68 (1); 2010, c. 9, s. 49 (1). Same, jointly sponsored pension plans (1.1) The following rules apply, and subsection (1) does not apply, with respect to jointly sponsored pension plans: 1.  If a jointly sponsored pension plan is also a multi-employer pension plan, the administrator may wind up the plan unless the documents that create and support the plan authorize another person or entity to do so.  In that case, the authorized person or entity may wind up the plan. 2.  If a jointly sponsored pension plan is not a multi-employer pension plan, the administrator or another person or entity may wind up the plan if the documents that create and support the plan authorize the administrator, person or entity to do so.  2005, c. 31, Sched. 18, s. 8; 2010, c. 9, s. 49 (2, 3). Notice (2) If the employer or the administrator, as the case may be, intends to wind up the pension plan, the administrator shall give written notice of the intended wind up to, (a)  the Chief Executive Officer; (b)  each member, former member and retired member of the pension plan; (c)  each trade union that represents members of the pension plan or that, on the date of the wind up, represented the members, former members or retired members of the pension plan; (d)  the advisory committee of the pension plan; and (e)  any other person entitled to a payment from the pension fund.  2010, c. 9, s. 49 (4); 2010, c. 24, s. 21 (2); 2018, c. 8, Sched. 23, s. 23. (3) Repealed:  2010, c. 24, s. 21 (5). Contents of notice (4) The notice of the intended wind up must contain such information as may be prescribed.  2010, c. 24, s. 21 (6, 7). Additional information and documents (4.1) The Chief Executive Officer may require the administrator to give specified additional information and documents to the persons entitled to notice of the intended wind up, and to do so within a specified period.  2011, c. 9, Sched. 35, s. 5; 2018, c. 8, Sched. 23, s. 23. Effective date (5) The effective date of the wind up shall not be earlier than the date member contributions, if any, cease to be deducted, in the case of contributory pension benefits, or, in any other case, on the date notice is given to members.  R.S.O. 1990, c. P.8, s. 68 (5). Order by Chief Executive Officer (6) Subject to section 89, the Chief Executive Officer by order may change the effective date of the wind up if the Chief Executive Officer is of the opinion that there are reasonable grounds for the change.  R.S.O. 1990, c. P.8, s. 68 (6); 2010, c. 24, s. 21 (8); 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2005, c. 31, Sched. 18, s. 8 - 30/04/2006 2010, c. 9, s. 49 (1-4) - 01/07/2012;
2010, c. 9, s. 49 (5, 6) - no effect - see 2010, c. 24, s. 48 (1) - 1/07/2012; 2010, c. 24, s. 21 (1-3, 6, 8) - 08/12/2010; 2010, c. 24, s. 21 (4, 5, 7) - 01/07/2012 2011, c. 9, Sched. 35, s. 5 - 12/05/2011 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
69 (1) The Chief Executive Officer by order may require the wind up of a pension plan if, (a)  there is a cessation or suspension of employer contributions to the pension fund; (b)  the employer fails to make contributions to the pension fund as required by this Act or the regulations; (c)  the employer is bankrupt within the meaning of the Bankruptcy and Insolvency Act (Canada); (d)  all or substantially all of the members of the pension plan cease to be employed by the employer; (e)  Repealed:  2010, c. 9, s. 50 (2). (f)  all or substantially all of the employer’s business or all or substantially all of the assets of the business are sold, assigned or otherwise disposed of and the person or entity who acquires the business or assets does not provide a pension plan for the members of the employer’s pension plan who become employees of the person or entity; (g)  the liability of the Guarantee Fund is likely to be substantially increased unless the pension plan is wound up; (h)  in the case of a multi-employer pension plan, (i)  there is a significant reduction in the number of members, or (ii)  there is a cessation of contributions under the pension plan or a significant reduction in such contributions; or (i)  any other prescribed event or prescribed circumstance occurs.  R.S.O. 1990, c. P.8, s. 69 (1); 2002, c. 18, Sched. H, s. 5 (1); 2010, c. 9, s. 50 (1-4); 2018, c. 8, Sched. 23, s. 23. Effective date (2) The order must specify the effective date of the wind up.  2010, c. 9, s. 50 (5). Notice of the order (3) The administrator of the pension plan shall give notice of the order to the persons and entities listed in clauses 68 (2) (b) to (e) and shall include in the notice such information about the wind up as the order may specify.  2010, c. 9, s. 50 (5). Duty to file notice (4) The administrator shall file with the Chief Executive Officer a copy of the notice given under subsection (3).  2010, c. 9, s. 50 (5); 2018, c. 8, Sched. 23, s. 23. Interpretation (5) A reduction or suspension of contributions under section 55.1 (contribution holidays) does not constitute a cessation or suspension of employer contributions for the purposes of clause (1) (a) or subclause (1) (h) (ii).  2010, c. 24, s. 22. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 5 (1) - 26/11/2002 2010, c. 9, s. 50 (1-5) - 01/07/2012;
2010, c. 24, s. 22 - 01/05/2018 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
69.1 A pension plan cannot be wound up in part if the effective date of the wind up would fall on or after the date on which this section comes into force.  2010, c. 9, s. 51. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 51 - 01/07/2012
70 (1) The administrator of a pension plan that is to be wound up shall file a wind up report that sets out, (a)  the assets and liabilities of the pension plan; (b)  the benefits to be provided under the pension plan to members, former members, retired members and other persons; (c)  the methods of allocating and distributing the assets of the pension plan and determining the priorities for payment of benefits; and (d)  such other information as is prescribed.  R.S.O. 1990, c. P.8, s. 70 (1); 2010, c. 9, s. 52 (1, 2). Restriction on payments (2) If the administrator has given notice under section 68 or 69 of the intended wind up of the pension plan, no payment shall be made out of the pension fund until the Chief Executive Officer has approved the wind up report.  2010, c. 24, s. 23; 2018, c. 8, Sched. 23, s. 23. Same (3) However, subsection (2) does not prevent the continued payment of a pension or other benefit if the payment commenced before the administrator gave notice of the intended wind up and it does not prevent any other payment that is prescribed or that is approved by the Chief Executive Officer.  2010, c. 24, s. 23; 2018, c. 8, Sched. 23, s. 23. Approval (4) An administrator shall not make payment out of the pension fund except in accordance with the wind up report approved by the Chief Executive Officer.  R.S.O. 1990, c. P.8, s. 70 (4); 2018, c. 8, Sched. 23, s. 23. Refusal to approve (5) The Chief Executive Officer may refuse to approve a wind up report that does not meet the requirements of this Act and the regulations or that does not protect the interests of the members, former members, retired members and other persons entitled to benefits under the pension plan.  R.S.O. 1990, c. P.8, s. 70 (5); 2010, c. 9, s. 52 (3); 2018, c. 8, Sched. 23, s. 23. (6) Repealed:  2010, c. 9, s. 52 (5). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 52 (1-5) - 01/07/2012;
2010, c. 24, s. 23 - 08/12/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 71 Repealed: 2010, c. 24, s. 24. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 13 - 03/03/2000 2010, c. 9, s. 53 - 01/07/2012; 2010, c. 24, s. 24 - 1/01/2017
72 (1) Within the prescribed period of time, the administrator of a pension plan that is to be wound up shall give to each person entitled to a pension, deferred pension or other benefit or to a refund in respect of the pension plan a statement setting out the person’s entitlement under the plan, the options available to the person and such other information as may be prescribed.  1999, c. 15, s. 14 (1); 2010, c. 9, s. 54 (1). Additional information (1.1) The Chief Executive Officer may require the administrator to give specified additional information and documents to persons to whom notice is to be given under subsection (1), and to do so within a specified period.  2012, c. 8, Sched. 44, s. 5; 2018, c. 8, Sched. 23, s. 23. Election (2) If a person to whom notice is given under subsection (1) is required to make an election, the person shall make the election within the prescribed period of time or shall be deemed to have elected to receive immediate payment of a pension benefit, if eligible therefor, or, if not eligible to receive immediate payment of a pension benefit, to receive a pension commencing at the earliest date mentioned in clause 74 (1.3) (b).  R.S.O. 1990, c. P.8, s. 72 (2); 1999, c. 15, s. 14 (2); 2010, c. 9, s. 54 (2, 3). Same, certain pension plans (2.1) If the notice under subsection (1) is given in respect of a pension plan for which an election under section 74.1 is in effect and if the person to whom the notice is given does not make an election within the prescribed period of time, (a)  he or she is deemed to have elected to receive immediate payment of a pension benefit, if he or she is eligible to receive the immediate payment; and (b)  in any other case, he or she is deemed to have elected to receive a pension beginning at the earliest date on which the person would be entitled to an unreduced pension under the pension plan as of the effective date of the wind up.  2010, c. 9, s. 54 (4). Payment (3) Within the prescribed period of time, the administrator shall make payment in accordance with the election or deemed election.  1999, c. 15, s. 14 (3). Section Amendments with date in force (d/m/y) 1999, c. 15, s. 14 (1-3) - 03/03/2000 2010, c. 9, s. 54 (2) - 18/05/2010;
2010, c. 9, s. 54 (1, 3, 4) - 01/07/2012 2012, c. 8, Sched. 44, s. 5 - 20/06/2012 2018, c. 8, Sched. 23, s. 23 - 08/06/2019