Membership
8. (0.1) In this section, “employee employed on a continuous full-time basis” means an employee who normally works and receives pay (whether it is regular pay or vacation pay) in respect of every week of the calendar year, who has a standard full-time work week of at least 32 hours and whose employment is continuous and is not limited by a definite term but does not include an employee who is employed on a short-term, casual or temporary basis or who is employed for less than 12 months. O. Reg. 591/98, s. 3 (1). (1) Subject to subsections (2) and (3), every employee who is employed on a continuous full-time basis by an employer who has elected to participate in the System, (a) if the employment on such basis commenced before the effective date, is entitled to become a member; (b) if the employment on such basis commenced on or after the effective date, but before the 1st day of January, 1978, shall become a member on a day fixed by the employer that is within twelve months after the day on which the employee became employed on a continuous full-time basis but not later than the 1st day of January, 1978; and (c) if the employment on such basis commenced on or after the 1st day of January, 1978, shall become a member on the date he or she was so employed. R.R.O. 1990, Reg. 890, s. 8 (1). (2) If on the effective date the employer is required to make contributions to an approved pension plan under the terms of a bargaining agreement an employee to whom the agreement applies, (a) if the employee’s employment on a continuous full-time basis commenced before the date on which the agreement is terminated or before the 1st day of July, 1968, whichever is earlier, shall become a member on or after a day fixed by the employer after the 31st day of December, 1980, if, (i) 75 per cent of such employees who are under normal retirement age at any time apply or have applied to become members, or (ii) membership in the System is a condition of or required by the bargaining agreement; (b) if the employee’s employment on a continuous full-time basis commenced after the date the agreement is terminated or after the 1st day of July, 1968, whichever is earlier, shall become a member on a day fixed by the employer that is within twelve months after the day on which the employee became employed on a continuous full-time basis but not later than the 1st day of January, 1978; and (c) if the employee’s employment on a continuous full-time basis commenced on or after the 1st day of January, 1978, shall become a member on the date the employee was so employed. R.R.O. 1990, Reg. 890, s. 8 (2). (3) If the employer makes contributions to an approved pension plan, an employee, other than an employee referred to in subsection (2), whose employment on a continuous full-time basis commenced before the effective date, shall become a member on or after a day fixed by the employer after the 31st day of December, 1980, if 75 per cent of such employees who are under normal retirement age at any time apply or have applied to become members. R.R.O. 1990, Reg. 890, s. 8 (3). (4) Where an employer so approves, subsection (1) applies with necessary modifications to employees or any class thereof who are employed on other than a continuous full-time basis, except that “effective date” in that case means the date of such approval, but all such employees who are members on the 31st day of December, 1977 shall have continued membership in the System. R.R.O. 1990, Reg. 890, s. 8 (4). (4.1) Despite subsection (4), an employee who is employed on other than a continuous full-time basis by an employer who has elected to participate in the System is entitled to become a member if, in each of the two consecutive calendar years immediately before the calendar year in which the employee elects to become a member, the employee, (a) has earnings of not less than 35 per cent of the Year’s Maximum Pensionable Earnings, as defined in the Canada Pension Plan, with one or more employers who have elected to participate in the System; or (b) has at least 700 hours of employment with one or more employers who have elected to participate in the System. O. Reg. 775/91, s. 6 (1). (5) Revoked: O. Reg. 591/98, s. 3 (2). (6) Where an employee is entitled to become a member under clause (1) (a), clause (2) (a) or subsection (4.1), such employee becomes a member on the first day of the month following the month in which the employee’s application is received by the president provided that the president may at the request of the employer fix an earlier day on which the employee becomes a member but not before the day on which the employee became entitled to be a member or the 1st day of January in the year in which the application is received by the president. R.R.O. 1990, Reg. 890, s. 8 (6); O. Reg. 775/91, s. 6 (2); O. Reg. 783/92, s. 2. (7) Revoked: O. Reg. 783/92, s. 4. (8) Where two or more employers are amalgamated, the new employer shall be deemed to have elected to participate in the System on the date of the amalgamation in respect of the employees and councillors, if any, of the former employers who were members of the System on the day immediately preceding such date and who are employed by the new employer on such date or are members of the council of the new employer on such date. R.R.O. 1990, Reg. 890, s. 8 (8). (9) A councillor or head of council in office on the effective date for councillors or heads of council is entitled to become a member. O. Reg. 694/94, s. 2. (10) A person who becomes a councillor or head of council after the effective date becomes a member on the date he or she becomes a councillor or head of council. O. Reg. 694/94, s. 2.