ontario regulation 402/04

made under the

Ontario municipal employees retirement system act

Made: December 15, 2004
Filed: December 16, 2004
Printed in The Ontario Gazette: January 1, 2005

Amending Reg. 890 of R.R.O. 1990

(General)

1. The definitions of “dependent child” and “dependent child benefit period” in subsection 1 (1) of Regulation 890 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

“dependent child” means the child of a deceased member who at the time of the member’s death was dependent on the member for support and,

(a) is under 19 years of age and will not attain that age in the calendar year of the member’s death,

(b) is under 21 years of age and in full-time attendance at an educational institution if the member dies prior to January 1, 2005, or

(c) is under 25 years of age and in full-time attendance at an educational institution if the member dies on or after January 1, 2005;

“dependent child benefit period” means the period,

(a) up to the end of the calendar year in which a dependent child reaches 18 years of age,

(b) during which a dependent child is under 21 years of age and continues in full-time attendance at an educational institution if the member dies prior to January 1, 2005, or

(c) during which a dependent child is under 25 years of age and continues in full-time attendance at an educational institution if the member dies on or after January 1, 2005;

2. Subsection 13 (7) of the Regulation is amended by striking out the portion before the formula “H × L” and substituting the following:

(7) The bridge pension payable,

(a) on or after January 1, 1999, to a member until he or she becomes or would have become entitled to a pension under the Canada Pension Plan that is unreduced for early retirement; or

(b) on and after January 1, 2005, to a member until the end of the month in which the member attains 65 years of age and is entitled to a disability pension under the Canada Pension Plan,

is calculated using the formula,

. . . . .

3. Subsection 14 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsections (1) and (1.1), total disability shall be considered not to exist,

(a) during any period in which the member engages in any occupation for compensation or profit other than an occupation associated with a rehabilitation program approved by the president; or

(b) where such total disability in respect of a member results from wilfully self-inflicted injury or the commission or attempted commission by the member of an indictable offence under the Criminal Code (Canada) or the engagement by the member in an unlawful occupation.

4. Subsection 15.2 (2) of the Regulation is revoked and the following substituted:

(2) A child of a deceased member shall be deemed for the purposes of this section to be under the age of 19 years during the continuation of total disability if the child is determined by the president, on the advice of a physician appointed by the Board, to be totally disabled,

(a) before the age of 21 years; or

(b) before the age of 25 years if the child is in full-time attendance at an educational institution and the member dies on or after January 1, 2005.

5. Subsection 16 (2) of the Regulation is revoked and the following substituted:

(2) A deferred pension under this section is payable to a member for the member’s life commencing the first day of the month next following the later of the member’s normal retirement date or the last date the member made a contribution to the plan, if the member is then living. 

6. Subsections 18 (2) and (3) of the Regulation are revoked and the following substituted:

(2) If, after beginning to receive a pension, a member becomes a councillor or employee of an employer, the member may elect to be deemed to cease being an employee or councillor for the purpose of the provisions of this Regulation for making further contributions for a pension, and for accruing further contributory earnings and further credited service for a pension.

(3) If a member is in receipt of a pension in the circumstances described in subsection (2) but does not make the election, the payment of the pension shall cease during the period that the member is an employee or councillor and upon recommencement, the pension shall be recalculated in accordance with section 13, 14 or 17, as the case may be.

(3.1) A member shall be deemed, from the commencement date of the member’s pension as determined under subsection 13 (2) or 17 (4), as the case may be, to cease being an employee or councillor for the purpose of any provision of this Regulation for making further contributions for a pension or accruing further contributory earnings or credited service for a pension if,

(a) the member is or has been an employee or councillor of more than one employer in overlapping periods; and

(b) the member elects to receive an early retirement pension or a normal retirement pension in respect of his or her service with one employer while still an employee or councillor with another employer.

(3.2) A member who elects to receive an early retirement pension or a normal retirement pension under clause 18 (3.1) (b) in respect of his or her service with an employer shall be deemed, despite subsection 16 (1), to cease being an employee or councillor of any other employer for the purposes of receiving a deferred pension under section 16 in respect of the member’s service with the other employer. 

7. This Regulation comes into force on January 1, 2005.