O. Reg. 347/19: PENSIONS AND SURVIVOR ALLOWANCES FOR PROVINCIAL JUDGES

filed October 24, 2019 under Courts of Justice Act, R.S.O. 1990, c. C.43

ontario regulation 347/19

made under the

Courts of Justice Act

Made: October 10, 2019
Filed: October 24, 2019
Published on e-Laws: October 24, 2019
Printed in The Ontario Gazette: November 9, 2019

Amending O. Reg. 290/13

(PENSIONS AND SURVIVOR ALLOWANCES FOR PROVINCIAL JUDGES)

1. The title to Ontario Regulation 290/13 is revoked and the following substituted:

PROVINCIAL JUDGES’ PENSION PLAN

2. (1) The definition of “Board” in section 1 of the Regulation is revoked.

(2) The definition of “Long Term Income Protection Plan” in section 1 of the Regulation is amended by striking out “Order in Council 225/2016” and substituting “Order in Council 1273/2018”.

(3) The definition of “maximum benefit limit” in section 1 of the Regulation is amended by adding “but excluding the benefits that may be disregarded under subsection 8504 (10) of the Federal Tax Regulations” at the end.

(4) The definition of “parental leave” in section 1 of the Regulation is amended by striking out “Order in Council 225/2016” and substituting “Order in Council 1273/2018”.

(5) The definition of “pregnancy leave” in section 1 of the Regulation is amended by striking out “Order in Council 225/2016” and substituting “Order in Council 1273/2018”.

(6) Section 1 of the Regulation is amended by adding the following definitions:

“applicable law” means laws, including the Federal Tax Act and the Financial Administration Act, regulations and court orders and any decrees, policies, directives, guidelines or orders issued by the Government of Ontario or by any administrative or regulatory authority that are applicable to the Provincial Judges Pension Board or the provincial judges’ pension plan;

“personal representative” means an executor, an administrator, an administrator with the will annexed or an estate trustee;

“Provincial Judges Pension Fund” means the fund continued under section 62;

“provincial judges’ pension plan” means the pension benefits and other allowances provided for under Parts II, II.1 and III;

“registered pension plan” means the portion of the pension plan set out in Part II that is registered under the Federal Tax Act;

“registered pension plan account” means the trust fund established by the Minister in accordance with subsection 61.4 (1);

“supplemental pension plan” means the portion of the pension plan that is set out in Part III;

“Supplemental RCA Account” means the trust fund established by the Minister in accordance with subsection 61.4 (2);

“supplemental RCA pension” means the portion of a judge’s supplemental pension that is paid from the retirement compensation arrangement established under Part II.1 following the judge’s retirement from full-time service as a judge;

“supplemental RCA pension plan” means the pension plan established under the retirement compensation arrangement described in Part II.1;

3. The Regulation is amended by adding the following section:

Order in Council availability

1.1 The Minister shall make Order in Council 1273/2018 available on request.

4. The heading to Part II of the Regulation is revoked and the following substituted:

Part II
REGISTERED PENSION PLAN FOR PROVINCIAL JUDGES

5. Section 2 of the Regulation is amended by adding “from a registered pension plan” after “pensions”.

6. Section 3 of the Regulation is amended by striking out “pension plan” wherever it appears and substituting in each case “registered pension plan”.

7. (1) Subparagraph 3 i of subsection 5 (2) of the Regulation is amended by striking out “a regional senior judge” at the beginning and substituting “a regional senior judge, Senior Advisory Family Judge”.

(2) Paragraph 3 of subsection 5 (2) of the Regulation is amended by striking out “or” at the end of subparagraph ii, by adding “or” at the end of subparagraph iii and by adding the following subparagraph:

iv. a judge who was appointed to hold office as a Senior Advisory Family Judge and who held that office for three years or more.

(3) Subsection 5 (10) of the Regulation is amended by striking out “subsections 4 (1), 5 (1) and 6 (1) and section 7 of Schedule A of Order in Council 225/2016” and substituting “subsections 6 (1), 7 (1) and 8 (1) and section 9 of Schedule A of Order in Council 1273/2018”.

(4) Subsection 5 (11) of the Regulation is amended by striking out “subsections 4 (2), 5 (2) and 6 (2) of Schedule A of Order in Council 225/2016” and substituting “subsections 6 (2), 7 (2) and 8 (2) of Schedule A of Order in Council 1273/2018”.

8. Section 13 of the Regulation is revoked.

9. Clause 17 (2) (b) of the Regulation is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

10. Paragraph 2 of subsection 20 (1) of the Regulation is amended by striking out “Board” at the end and substituting “Provincial Judges Pension Board”.

11. Section 22 of the Regulation is amended by striking out “Order in Council 225/2016” at the end and substituting “Order in Council 1273/2018”.

12. (1) Paragraph 2 of subsection 25 (1) of the Regulation is revoked and the following substituted:

2. Calculate an amount that is equal to 2 per cent of the judge’s average salary, indexed in accordance with the Federal Tax Regulations, for their final three years of service multiplied by the judge’s total years of service up to the maximum benefit limit for the year in which the pension becomes payable. Partial years of service shall be prorated in the manner set out in subsection 10 (3).

(2) Section 25 of the Regulation is amended by adding the following subsection:

(4) In addition to the amount calculated under subsection (1), if the pension becomes payable after a judge attains the age of 65, the annual amount of the pension that would have been payable to the judge under subsection (1) upon attaining the age of 65 shall be increased by such amount as may be permitted under the Federal Tax Regulations.

13. Subsection 27 (1) of the Regulation is revoked and the following substituted:

(1) Subject to subsection (4), every judge shall contribute an amount equal to 7 per cent of the judge’s salary to the Provincial Judges Pension Fund by way of deduction from the judge’s salary.

14. (1) Subsection 28 (1) of the Regulation is amended by striking out “credited” and substituting “contributed”.

(2) Subsection 28 (2) of the Regulation is revoked and the following substituted:

(2) The amount to be contributed in a year shall be,

(a) based on an actuarial valuation; and

(b) subject to the limits set out in the Federal Tax Act and Federal Tax Regulations.

15. Subsection 31 (2) of the Regulation is amended by striking out “this Part or Part III” at the end and substituting “this Part, Part II.1 or Part III”.

16. (1) Subsections 31.1 (2), (3) and (5) of the Regulation are amended by striking out “pension plan” wherever it appears and substituting in each case “registered pension plan”.

(2) Clause 31.1 (6) (a) of the Regulation is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

17. Subsection 33 (2) of the Regulation is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

18. Subsection 35 (4) of the Regulation is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

19. Subsection 36 (3) of the Regulation is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

20. Subsection 38 (1) of the Regulation is amended by adding “and Part II.1” after “this Part”.

21. Subsection 40 (2) of the Regulation is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

22. Section 41 of the Regulation is amended by striking out “Board” wherever it appears and substituting “Provincial Judges Pension Board” in each case.

23. The Regulation is amended by adding the following Part:

Part II.1
Supplemental RCA Pension Plan

General

Purpose

41.1 The primary purpose of this Part is to provide eligible judges whose pension benefits under Part II are limited by the Federal Tax Act or Federal Tax Regulations with a portion of their supplemental pensions to be paid from a retirement compensation arrangement, as defined in subsection 248 (1) of the Federal Tax Act, following their retirement from full-time service as judges.

Definitions

41.2 In this Part,

“child” has the same meaning as in section 4;

“spouse” has the same meaning as in section 4.

Service after 1991

41.3 A right under this Part to a supplemental RCA pension is only in respect of service on or after January 1, 1992.

Only one supplemental pension per month

41.4 No person is entitled to payment of more than one supplemental RCA pension under this Part during the same month.

Supplemental RCA Pensions

Entitlement to supplemental RCA pension

41.5 (1) A judge who is entitled to a pension under section 5 or 7, subsection 8 (1), section 9, sections 33 to 37 or section 40 is entitled to a supplemental RCA pension under this Part in an amount that is equal to 2 per cent of the judge’s average salary, indexed in accordance with the Federal Tax Regulations, for their final three years of service multiplied by the judge’s years of service without regard to the defined benefit limit or maximum benefit limit, reduced by the amount that is actually payable to the judge under the applicable provision.

(2) Partial years of service shall be prorated in the manner set out in subsection 10 (3).

(3) In addition to the amount calculated under subsection (1), if the pension becomes payable after a judge attains the age of 65, the amount of pension that would have been payable to the judge under subsection (1) upon attaining the age of 65 shall be increased in the same manner as set out in subsection 25 (4), reduced by the amount that is actually payable to the judge under that subsection.

Exception

41.6 Despite section 41.5, if the amount of a pension to which a judge is entitled under Part II, calculated without regard to the defined benefit limit or maximum benefit limit, is less than the defined benefit limit or maximum benefit limit, the judge is not entitled to receive a supplemental RCA pension under this Part.

Limitation

41.7 Despite section 41.5, the total amount payable under Part II and this Part shall not exceed the amount that would be payable under Part II if the defined benefit limit or maximum benefit limit did not apply.

Terms, commencement and termination of supplemental RCA pension

41.8 (1) If a person is entitled to a pension under Part II and to a supplemental RCA pension under this Part, the supplemental RCA pension shall be paid to the person in the same form and have the same terms, conditions, commencement date and termination date as the pension under Part II.

(2) A supplemental RCA pension payable to a person under this Part shall continue for the lifetime of the person.

Time credited as full-time service

41.9 (1) For the purpose of the calculation of a supplemental RCA pension under this Part, the following periods of time shall be credited to a judge as full-time service, whether or not the periods would qualify as full-time service under section 8500 or 8507 of the Federal Tax Regulations:

1. For a judge who is entitled to a pension under subsection 7 (1),

i. periods of time during which the judge is on a leave of absence with pay,

ii. periods of time during which the judge is on pregnancy or parental leave without pay, and

iii. periods of time during which the judge is receiving benefits under the Long Term Income Protection Plan.

2. For a judge who is not entitled to a pension under subsection 7 (1),

i. periods of time during which the judge who is less than 65 years of age is on a leave of absence with pay,

ii. periods of time during which the judge who is less than 65 years of age is on pregnancy or parental leave without pay, and

iii. periods of time during which the judge is receiving benefits under the Long Term Income Protection Plan.

3. Periods of full-time service served by the judge after the last month in the calendar year in which the judge attained 71 years of age.

(2) A period of time credited to a judge under subsection (1) shall be reduced by any period already credited to the judge under section 7 or 10.

Survivor Allowances

Spouse’s entitlement to supplemental RCA survivor allowance

41.10 (1) A spouse who is entitled to a survivor allowance under subsection 15 (1) is entitled to a supplemental RCA survivor allowance under this Part equal to 60 per cent of the judge’s supplemental RCA pension calculated as if the judge had continued in office on a full-time basis until attaining 75 years of age.

(2) A spouse who is entitled to a survivor allowance under subsection 16 (1) is entitled to a supplemental RCA survivor allowance under this Part equal to 60 per cent of the judge’s supplemental RCA pension.

(3) Only one spouse of a person may receive a supplemental RCA survivor allowance under this Part.

Child’s entitlement to supplemental survivor allowance

41.11 A child who is entitled to a survivor allowance under subsection 18 (1) or 19 (1) is entitled to a supplemental RCA survivor allowance under this Part calculated using the same rules set out in subsection18 (2) or 19 (2), as the case may be, with reference to the amount of the RCA survivor allowance to which the spouse was or would be entitled, as the case may be.

Terms, commencement and termination of supplemental RCA survivor pension

41.12 (1) If a person is entitled to a survivor allowance under Part II and to a supplemental RCA survivor allowance under this Part, the supplemental RCA survivor allowance shall be paid to the person in the same form and have the same terms, conditions, commencement date and termination date as the survivor allowance under Part II.

(2) A supplemental RCA survivor allowance payable to a spouse under this Part shall continue for the lifetime of the spouse.

No supplemental RCA survivor allowance if entitled to life insurance

41.13 No person is entitled to a supplemental RCA survivor allowance in respect of a person in respect of whom a benefit is payable or paid under the group life insurance plan under section 11 of Schedule B of Order in Council 1273/2018, as amended from time to time.

Transition

41.14 Despite sections 41.10 to 41.13, if a person began receiving a survivor allowance under the provincial judges’ pension plan on or before December 31, 2019, those provisions do not apply and the payments for the survivor allowance shall be paid out of the registered pension plan and supplemental pension plan.

Indexing, Contributions and Refunds

Indexing

41.15 If a person is entitled to a pension under Part II that is subject to adjustment under section 23, 24 or 37, the person shall receive the same percentage increase to the amount of supplemental RCA pension paid under this Part.

Contributions

41.16 (1) The Minister shall ensure that, in respect of each calendar year of service, the portion of each judge’s pension contributions determined in accordance with subsection 27 (1) that exceeds the dollar limit for pension plan contributions under the Federal Tax Act is contributed to the Supplemental RCA Account.

(2) The Minister shall contribute to the Supplemental RCA Account, in respect of each calendar year, an amount that is equal to the amount described in subsection (1) in respect of each judge.

(3) The Minister may also contribute to the Supplemental RCA Account, in each calendar year, an amount that is no more than the cost of funding the pension benefits accrued under Parts II, II.1 and III in that calendar year.

(4) The amount required under subsection (3) shall be determined in accordance with the supplemental RCA pension plan’s most recent actuarial valuation.

Refunds

41.17 (1) Where a judge or the personal representative of a judge is entitled to a refund of the judge’s contributions under Part II, the judge or personal representative shall also be entitled to a refund of the judge’s contributions held in the Supplemental RCA Account together with interest calculated and payable in accordance with section 65 as if such contributions had been contributions under Part II.

(2) The amount otherwise payable under subsection (1) shall be reduced by the sum of,

(a) the supplemental RCA pension payments, if any, made under this Part to the judge; and

(b) interest on each supplemental RCA pension payment from the date on which the payment is made to the date on which the refund is paid.

Family Law Matters

Family law matters

41.18 (1) In this section, a reference to a spouse means, where circumstances require, a former spouse.

(2) Section 67.2 of the Pension Benefits Act applies with necessary modifications to the determination of the imputed value, for family law purposes, of a spouse’s interest in a supplemental RCA pension plan under this Part, and the provision of a statement of that value.

(3) A spouse is eligible to apply for an immediate transfer of a lump sum from the supplemental RCA pension plan if all of the circumstances listed in subsection 67.3 (1) of the Pension Benefits Act exist and, for the purpose, section 67.3 of that Act applies with necessary modifications.

(4) For greater certainty, a lump sum from the supplemental RCA pension plan may only be transferred in accordance with subsection 67.3 (7) of the Pension Benefits Act.

(5) A spouse is eligible to apply for the division of the supplemental RCA pension and for the payment of the spouse’s share to him or her if all of the circumstances listed in subsection 67.4 (1) of the Pension Benefits Act exist and, for the purpose, section 67.4 of that Act applies with necessary modifications.

(6) Any order made under Part I (Family Property) of the Family Law Act, family arbitration award or domestic contract respecting the division of the supplemental RCA pension is subject to the application of section 67.5 or 67.6 of the Pension Benefits Act, as appropriate, with necessary modifications, including that a reference in one of those sections to the date on which the section comes into force shall be read as a reference to March 16, 2016.

(7) For the purposes of this section,

(a) a reference in sections 67.2 to 67.6 of the Pension Benefits Act to the administrator of a pension plan shall be read as a reference to the Provincial Judges Pension Board; and

(b) the references to sections 67.2 to 67.6 of the Pension Benefits Act shall be read as including the definitions of the terms used in those sections under that Act, except as otherwise provided by this Regulation.

24. The title to Part III to the Regulation is revoked and the following substituted:

Part III
Supplemental pension plan

25. Section 42 of the Regulation is revoked and the following substituted:

Purpose

42. The primary purpose of this Part is to provide eligible judges whose pension benefits under Part II are limited by the Federal Tax Act or Federal Tax Regulations with the portion of their supplemental pension and their supplemental survivor allowance that is not paid from the supplemental RCA pension plan under Part II.1 to be paid following their retirement from full-time service as judges.

26. (1) Subsection 46 (1) of the Regulation is amended by striking out “the section” at the end and substituting “Parts II and II.1”.

(2) Subsection 46 (2) of the Regulation is amended by striking out “subsection 8 (2)” at the end and substituting “Parts II and II.1”.

(3) Subsection 46 (3) of the Regulation is amended by striking out “the section” at the end and substituting “Parts II and II.1”.

27. Subsection 47 (2) of the Regulation is amended by striking out “Part II” at the end and substituting “Parts II and II.1”.

28. (1) Section 48 of the Regulation is amended by striking out “Board” in the portion before clause (a) and substituting “Provincial Judges Pension Board”.

(2) Clauses 48 (a) and (b) of the Regulation are amended by striking out “Part II” wherever it appears and substituting in each case “Parts II and II.1”.

29. Section 50 of the Regulation is revoked.

30. (1) Subsection 52 (1) of the Regulation is amended by striking out “under the subsection” at the end and substituting “under Parts II and II.1 in respect of a survivor allowance”.

(2) Subsection 52 (2) of the Regulation is amended by striking out “under that subsection” at the end and substituting “under Parts II and II.1 in respect of a survivor allowance”.

(3) Subsection 52 (3) of the Regulation is revoked and the following substituted:

(3) If a spouse as defined in this Part is not entitled to a survivor allowance under Part II and a supplemental RCA survivor allowance under Part II.1 solely because he or she is not a spouse as defined in those Parts, and there is no other spouse receiving a survivor allowance under those Parts, the spouse is entitled to a supplemental survivor allowance under this Part that is equal to the amount he or she would be entitled to under Part II if he or she were a spouse as defined in that Part and without regard to the defined benefit limit or maximum benefit limit.

31. (1) Subsection 53 (1) of the Regulation is amended by striking out “under the subsection” at the end and substituting “in respect of a survivor allowance under Parts II and II.1”

(2) Subsection 53 (2) of the Regulation if amended by striking out “as defined in Part II is not entitled to a survivor allowance under that Part” and substituting “as defined in Part II and II.1 is not entitled to a survivor allowance or a supplemental RCA survivor allowance under those Parts”.

(3) Subsection 53 (4) of the Regulation is amended by striking out “as defined in Part II ceases to be entitled to a survivor allowance under that Part” and substituting “as defined in Part II and II.1 ceases to be entitled to a survivor allowance and a supplemental RCA survivor allowance under those Parts” and by striking out “Board” and substituting “Provincial Judges Pension Board”.

(4) Subsection 53 (6) of the Regulation is amended by striking out “is not entitled to a survivor allowance under Part II solely because he or she is not a child as defined in that Part” and substituting “is not entitled to a survivor allowance under Part II and to a supplemental RCA survivor allowance under Part II.1 solely because he or she is not a child as defined in those Parts”.

(5) Subsection 53 (7) of the Regulation is amended by striking out “a child as defined in Part II” and substituting “a child as defined in Parts II and II.1”.

32. (1) Subsection 54 (1) of the Regulation is revoked and the following substituted:

Supplemental survivor allowance required by LG in C

(1) The Lieutenant Governor in Council may require the Provincial Judges Pension Board to authorize payment under this Part of a supplemental survivor allowance, in addition to any survivor allowance or supplemental RCA survivor allowance that may be payable under Part II and Part II.1, in such initial annual amount as is specified by the Lieutenant Governor in Council, to the spouse or child or children of a deceased person in respect of whom the Lieutenant Governor in Council could have required the Board to authorize a supplemental pension under section 48 while the person was alive.

(2) Subsection 54 (2) of the Regulation is amended by striking out “Board” in the portion before clause (a) and substituting “Provincial Judges Pension Board”.

33. Subsection 55 (1) of the Regulation is amended by adding “and a supplemental RCA survivor allowance under Part II.1” after “If a person is entitled to a survivor allowance under Part II”.

34. Section 56 of the Regulation is amended by striking out “Order in Council 225/2016” and substituting “Order in Council 1273/2018”.

35. Clause 57 (1) (a) of the Regulation is amended by striking out “section 23 or 37” at the end and substituting “section 23, 37 or 41.15”.

36. Sections 58 to 60 of the Regulation are revoked and the following substituted:

Contributions

58. (1) The Minister shall cause to be credited to the Provincial Judges Supplemental Pension Account described in section 63 the additional amounts in respect of contributions necessary to fund the payment of pensions and survivor allowances payable under the provincial judges’ pension plan, less the amounts contributed under section 28 for the purposes of Part II and section 41.16 for the purposes of Part II.1.

(2) The amounts in respect of the contributions shall be determined in accordance with the provincial judges’ pension plan’s most recent actuarial valuation.

(3) The amounts shall be recorded annually in the Provincial Judges Supplemental Pension Account.

37. (1) Subsection 60.1 (6) of the Regulation is amended by striking out “pension plan” and substituting “supplemental pension plan”.

(2) Clause 60.1 (7) (a) of the Regulation is amended by striking out “Board” at the end and substituting “Provincial Judges Pension Board”.

38. The heading to Part IV of the Regulation is revoked and the following substituted:

Part IV
Administration and miscellaneous matters

39. The Regulation is amended by adding the following section immediately after the heading to Part IV:

Part-time Judges

Reduction of pension for part-time judges

60.2 (1) For the 12-month period beginning on April 1 of each year, the amount of the pension of a judge who is serving on a part-time basis shall be reduced by the amount, if any, by which the full-time salary of a judge of the same judicial rank is less than the sum of the following amounts:

1. The amount the part-time judge would otherwise be entitled to in the 12-month period as a pension.

2. The amount of remuneration the judge is entitled to in the 12-month period for serving on a part-time basis.

3. The amount of salary paid to the judge for full-time service in the 12-month period.

(2) For the purposes of subsection (1), the full-time salary of a judge of the same judicial rank in the case of a judge who is serving on a part-time basis after his or her term as Chief Justice, Associate Chief Justice, regional senior judge or Senior Advisory Family Judge expires is the salary to which the judge would be entitled under section 10 of Schedule A of Order in Council 1273/2018, as amended from time to time, if he or she were serving on a full-time basis.

40. The Regulation is amended by adding the following heading before section 61:

Administration

41. (1) Subsection 61 (2) of the Regulation is revoked and the following substituted:

(2) The Board shall be composed of five members appointed by the Lieutenant Governor in Council, which shall include one member recommended by the Association of Ontario Judges.

(2) Subsection 61 (2) of the Regulation, as re-made by subsection (1), is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

(3) Subsection 61 (3) of the Regulation is amended by striking out “Board” at the end and substituting “Provincial Judges Pension Board”.

(4) Subsection 61 (4) of the Regulation is revoked and the following substituted:

(4) Each member of the Board shall serve at the pleasure of the Lieutenant Governor in Council for a term not exceeding three years and until a successor is appointed.

(5) Subsection 61 (4) of the Regulation, as re-made by subsection (4), is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

(6) Subsections 61 (5) of the Regulation is amended by striking out “Board” and substituting “Provincial Judges Pension Board”.

(7) Subsection 61 (6) of the Regulation is amended by striking out “Two” at the beginning and substituting “Three”.

(8) Subsection 61 (6) of the Regulation, as amended by subsection (7), is amended by striking out “Board” wherever it appears and substituting in each case “Provincial Judges Pension Board”.

(9) Subsections 61 (7) to (11) of the Regulation are revoked.

(10) Section 61 of the Regulation is amended by adding the following subsection:

(12) The Board may take any steps necessary to ensure the effective implementation of the amendments to this Regulation made by Ontario Regulation 347/19, including,

(a) entering into any agreements;

(b) developing any draft rules and procedures or any by-laws;

(d) filing any documents with the Canada Revenue Agency.

(13) The Provincial Judges Pension Board is entitled to payment in respect of compensation, reasonable disbursement made and expenses incurred under subsection (12), in accordance with any relevant agreements between Her Majesty the Queen in Right of Ontario and the Provincial Judges Pension Board, applicable law and the process for obtaining the necessary appropriations from the Legislature.

(14) In subsection (13),

(11) Subsections 61 (12), (13) and (14), as made by subsection (10), are revoked.

42. The Regulation is amended by adding the following sections:

Administrator

61.1 (1) The Provincial Judges Pension Board shall,

(a) be the administrator of the registered pension plan and the registered pension plan account for the purposes of the Federal Tax Act; and

(b) oversee the administration of the provincial judges’ pension plan and, in particular shall, in accordance with applicable law, carry out or oversee all administrative functions in respect of the pensions, survivor allowances and refunds provided under Parts II and II.1, including,

(i) interpreting the relevant terms of the provincial judges’ pension plan and authorizing payments in respect of the plan under Parts II, II.1 and III,

(ii) overseeing all communications with judges, spouses and other beneficiaries, as well as their personal representatives, in respect of the pensions, survivor allowances and refunds provided under Parts II, II.1 and III, both before and after a judge’s retirement,

(iii) overseeing the management of the registered pension plan account and the supplemental RCA account.

(2) The Provincial Judges Pension Board has all the powers necessary to perform its powers, duties and functions under this Regulation and shall do so in accordance with applicable law.

(3) The Provincial Judges Pension Board may make rules for the administration and management of the provincial judges’ pension plan and for the conduct of the affairs of the Board, and the rules may include procedures for making payments out of the registered pension plan account, the supplemental RCA account and the Provincial Judges Supplemental Pension Account for the purposes of Parts II, II.1 and III.

(4) No payment shall be made unless it is approved by the Provincial Judges Pension Board or made in accordance with any rules made by the Board under subsection (3).

(5) The Provincial Judges Pension Board shall prepare an annual report respecting the financial and other affairs of the provincial judges’ pension plan and the registered pension plan account, the supplemental RCA account and the Provincial Judges Supplemental Pension Account, and shall provide it to the Minister and make it available to the public.

(6) The Provincial Judges Pension Board shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a) the form and content of the annual report;

(b) when to provide it to the Minister; and

(7) The Provincial Judges Pension Board shall include such additional content in the annual report as the Minister may require.

(8) The Minister shall table the annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it.

Service provider

61.2 (1) The Ontario Pension Board, or any other organization that is jointly selected by the Minister and the Provincial Judges Pension Board, shall provide services to,

(a) the Provincial Judges Pension Board to assist the Board in carrying out its responsibilities under section 61.1;

(b) the Provincial Judges Pension Board respecting trust funds, referred to in section 61.4, established for the provincial judges’ pension plan and the supplemental RCA pension plan; and

(c) the Government of Ontario to assist the Government in carrying out its responsibilities in respect of the supplemental pension plan.

(2) The Provincial Judges Pension Board may delegate in writing any of the Board’s powers, duties and functions under this Regulation to,

(a) the Ontario Pension Board or any organization selected under subsection (1); and

(b) any other person or entity, provided that the power, duty or function is not being performed by the Ontario Pension Board or an organization selected under subsection (1).

(3) In this section,

“Ontario Pension Board” means the Ontario Pension Board continued under section 29 of the Public Service Pension Plan, as set out as Schedule 1 to the Public Service Pension Act, 1989.

Expenses

61.3 The Provincial Judges Pension Board and any organization exercising delegated powers, duties or functions is entitled to payment in respect of compensation, reasonable disbursement made and expenses incurred in the performance of its powers, duties and functions, in accordance with any relevant agreements between Her Majesty the Queen in Right of Ontario and the Provincial Judges Pension Board, applicable law and the process for obtaining the necessary appropriations from the Legislature.

Minister to establish trust funds

61.4 (1) The Minister shall ensure that a trust fund is established to be used to hold, invest, distribute and administer funds in order to make payments in accordance with the terms and conditions of the registered pension plan set out in Part II.

(2) The Minister shall ensure that an additional trust fund is established to be used to hold, invest, distribute and administer funds in order to make payments in accordance with the terms and conditions of the Supplemental RCA pension plan set out in Part II.1.

(3) Each of the trust funds’ fiscal years shall be the same as the fiscal year of the Consolidated Revenue Fund.

43. Section 62 of the Regulation is revoked.

44. The Regulation is amended by adding the following heading before section 63:

Accounts

45. (1) Subsection 63 (1) of the Regulation is revoked and the following substituted:

(1) The Minister of Finance shall maintain the supplemental pension account for provincial judges under the name Provincial Judges Supplemental Pension Account in English and Compte des pensions complémentaires des juges provinciaux in French.

(2) Subsection 63 (2) of the Regulation is amended by striking out “Part II” at the end and substituting “Parts II and II.1”.

(3) Section 63 of the Regulation is amended by adding the following subsection:

(2.1) All amounts credited to the Account are, for the purposes of the Financial Administration Act, money received by or on behalf of Ontario for the special purpose of providing for,

(a) any unfunded portion of the supplemental RCA pension provided for under Part II.1; and

(b) the supplemental pension benefits and supplemental survivor allowances provided for under Part III.

(4) Subsection 63 (3) of the Regulation is amended by adding “transferred under Part II.1 or” after “monies”.

(5) Section 63 of the Regulation amended by adding the following subsections:

(4) The Minister of Finance is the custodian of the Account.

(5) The Account’s fiscal year shall be the same as the fiscal year of the Consolidated Revenue Fund.

(6) The interest rate to be applied to the funds recorded in the Account shall be determined in accordance with the rules set out in section 7 of the Financial Administration Act.

46. Section 64 of the Regulation is revoked and the following substituted:

Use of surplus

64. (1) If the actuary for the registered pension plan under Part II certifies that the registered pension plan’s assets exceed its liabilities, the Minister may use the surplus or any portion of the surplus to reduce contributions otherwise payable under this Regulation.

(2) If the actuary for the supplemental RCA pension plan under Part II.1 certifies that the supplemental RCA pension plan’s assets exceed its liabilities, the Minister may use the surplus or any portion of the surplus to reduce contributions otherwise payable under this Regulation.

(3) If the registered pension plan account is wound up and a balance remains in the trust funds after all obligations and liabilities under Part II have been satisfied, the balance shall be paid into the Consolidated Revenue Fund.

(4) If the supplemental RCA account is wound up and a balance remains in the trust funds after all obligations and liabilities under Part II.1 have been satisfied, the balance shall be paid into the Consolidated Revenue Fund.

Information, tax returns, etc.

64.1 The Provincial Judges Pension Board shall ensure that all tax returns and other documents required to be filed or provided by the administrator in respect of the provincial judges pension plan under the Federal Tax Act or the Federal Tax Regulations are prepared and filed.

Valuations

64.2 (1) The Provincial Judges Pension Board shall cause an actuarial valuation to be made of the assets held and obligations owing under the provincial judges pension plan with respect to each calendar year and at such times and under such terms and conditions as are required by the Federal Tax Act and Federal Tax Regulations.

(2) The Provincial Judges Pension Board shall file the actuarial valuation with the Canada Revenue Agency in accordance with the following rules:

1. In the case of a filing whose timing is discretionary, the Provincial Judges Pension Board shall not file the valuation before the Minister gives written approval to do so.

2. In the case of filing whose timing is not discretionary, the Provincial Judges Pension Board shall provide the Minister with written notice before filing the valuation.

Audits

64.3 (1) The provincial judges pension plan shall be audited by the Auditor General, who shall make an annual report to the President of the Treasury Board.

(2) The President of the Treasury Board shall submit the report to the Lieutenant Governor in Council and shall lay the report before the Assembly at the earliest reasonable opportunity.

Commencement

47. (1) Subject to subsection (2), this Regulation comes into force on January 1, 2020.

(2) Subsections 41 (1), (4), (7) and (10) and section 47 come into force on the day this Regulation is filed.

O. Reg. 347/19: PENSIONS AND SURVIVOR ALLOWANCES FOR PROVINCIAL JUDGES

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