O. Reg. 335/05: BENEFIT PLANS

 

ontario regulation 335/05

made under the

employment standards act, 2000

Made: June 1, 2005
Filed: June 13, 2005
Printed in The Ontario Gazette: July 2, 2005

Amending O. Reg. 286/01

(Benefit Plans)

1. (1) The definition of “dependant” in section 1 of Ontario Regulation 286/01 is revoked and the following substituted:

“dependant” means a dependant as defined in the relevant benefit plan, and “dependent child” and “dependent spouse” have corresponding meanings;

(2) The definition of “health benefit plan” in section 1 of the Regulation is amended by striking out “a spouse, a same-sex partner or a dependant” and substituting “a spouse or a dependant”.

(3) Clause (b) of the definition of “marital status” in section 1 of the Regulation is revoked and the following substituted:

(b) common law status as defined in the relevant benefit plan;

(4) The definition of “pension plan” in section 1 of the Regulation is amended by striking out “spouse, same-sex partner or dependant” in the portion before clause (a) and substituting “spouse or dependant”.

(5) The definitions of “same-sex partner” and “same-sex partnership status” in section 1 of the Regulation are revoked.

2. Subsection 3 (1) of the Regulation is revoked and the following substituted:

Pension plans, permitted differentiation re marital status

(1) The prohibition in subsection 44 (1) of the Act does not apply to,

(a) an increase in benefits payable to an employee under a pension plan that provides for the increased benefits because the employee has a dependent spouse;

(b) a differentiation under a pension plan because of marital status, if the differentiation is made for the purpose of providing benefits that are payable periodically during the joint lives of an employee who is entitled to the pension and the employee’s spouse, and thereafter during the life of the survivor of them, as provided in the pension plan; and

(c) a differentiation in the rates of contribution of an employer to a defined benefit or a unit-benefit pension plan that provides an increase in benefits to an employee because of marital status, if the rates of contribution of the employer differentiate between employees because of marital status.

3. Subsection 6 (1) of the Regulation is revoked and the following substituted:

Life insurance plans, permitted differentiation re marital status

(1) The prohibition in subsection 44 (1) of the Act does not apply to,

(a) benefits under a life insurance plan that are payable periodically to the surviving spouse of a deceased employee for the life of the surviving spouse or until the surviving spouse becomes a spouse of another person;

(b) a benefit under a life insurance plan that is payable to an employee on the death of his or her spouse; and

(c) a differentiation in the contributions of an employee or an employer to a life insurance plan, if,

(i) the differentiation is made because of marital status, and

(ii) the life insurance plan provides benefits that are payable periodically to an employee’s surviving spouse.

4. Section 9 of the Regulation is revoked and the following substituted:

Health benefit plans, permitted differentiation re sex or marital status

9. The prohibition in subsection 44 (1) of the Act does not apply to,

(a) a differentiation, made on an actuarial basis because of sex, in the rate of contributions of an employee to a voluntary employee-pay-all health benefit plan;

(b) a differentiation, made on an actuarial basis because of an employee’s sex and in order to provide equal benefits under the plan, in the rate of contributions of an employer to a health benefit plan;

(c) a differentiation in an employee’s benefits or contributions under a health benefit plan because of marital status, if the differentiation is made in order to provide benefits for the employee’s spouse or dependent child; and

(d) a differentiation in the rate of contributions of an employer to a health benefit plan, where there are specified premium rates and where that differentiation for employees having marital status and for employees without marital status is on the same proportional basis.

5. This Regulation comes into force on the later of the day sections 1 and 5 of the Employment Standards Amendment Act (Family Medical Leave), 2004 come into force and the day this Regulation is filed.