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O. Reg. 32/20: GENERAL
filed February 28, 2020 under Pension Benefits Act, R.S.O. 1990, c. P.8
Skip to contentontario regulation 32/20
made under the
Pension Benefits Act
Made: February 27, 2020
Filed: February 28, 2020
Published on e-Laws: February 28, 2020
Printed in The Ontario Gazette: March 14, 2020
Amending Reg. 909 of R.R.O. 1990
(GENERAL)
1. Regulation 909 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:
Exemptions re certain university pension plans
47.0.1 (1) This section applies with respect to the following pension plans:
1. Revised Pension Plan of Queen’s University, registered under the Act as number 0344929.
2. University of Toronto Pension Plan, registered under the Act as number 0312827.
3. Pension Plan for Professional Staff of University of Guelph, registered under the Act as number 0324616.
4. Pension Plan for Non-Professional Staff of University of Guelph, registered under the Act as number 0324632.
5. Retirement Plan of University of Guelph, registered under the Act as number 0324624.
(2) Each pension plan is a prescribed pension plan for the purposes of paragraph 6 of section 85 of the Act beginning on March 1, 2020 on the condition that the pension plan is converted into a jointly sponsored pension plan through a transfer of assets and liabilities to another pension plan that is a jointly sponsored pension plan under section 80.4 of the Act.
(3) For purposes of calculating the assessment payable under section 37 in respect of a pension plan for the fiscal year of the pension plan in which March 1, 2020 falls, the amount determined in accordance with the formula in subsection 37 (4) shall be prorated for the period beginning on the first day of the fiscal year and ending on February 29, 2020.
(4) The rules set out in subsection (5) apply with respect to a pension plan on the earliest of the following dates:
1. July 1, 2022, if, by that date, all the steps required under the Act and the regulations under the Act to implement the conversion of the pension plan into a jointly sponsored pension plan through a transfer of assets and liabilities to another pension plan that is a jointly sponsored pension plan under section 80.4 of the Act have not been completed.
2. If an application for the Chief Executive Officer’s consent to the transfer of assets from the pension plan to a jointly sponsored pension plan is made under subsection 80.4 (11) of the Act and the application for registration of the jointly sponsored pension plan is not received by the Chief Executive Officer within 90 days after the application for consent is made, the date that is the day after the end of that 90-day period.
3. If an application for the Chief Executive Officer’s consent to the transfer of assets from the pension plan to a jointly sponsored pension plan is made under subsection 80.4 (11) of the Act and the Chief Executive Officer has served notice of an intended decision to refuse consent on the employer of the pension plan and subsequently serves notice on the employer of the decision being made, the date of service of notice of the decision being made.
4. In the case of the pension plan referred to in paragraph 1 of subsection (1), if the Board of Trustees of Queen’s University at Kingston passes a resolution providing in effect that Queen’s University at Kingston will not be proceeding to convert the pension plan into a jointly sponsored pension plan under section 80.4 of the Act, the date on which the resolution is passed.
5. In the case of the pension plan referred to in paragraph 2 of subsection (1), if the Governing Council of the University of Toronto passes a resolution providing in effect that the University of Toronto will not be proceeding to convert the pension plan into a jointly sponsored pension plan under section 80.4 of the Act, the date on which the resolution is passed.
6. In the case of a pension plan referred to in paragraph 3, 4 or 5 of subsection (1), if the Board of Governors of the University of Guelph passes a resolution providing in effect that the University of Guelph will not be proceeding to convert the pension plan into a jointly sponsored pension plan under section 80.4 of the Act, the date on which the resolution is passed.
(5) The following are the rules referred to in subsection (4):
1. The pension plan is not a prescribed pension plan for the purposes of paragraph 6 of section 85 of the Act.
2. For greater certainty, the pension plan was not a prescribed pension plan for the purposes of paragraph 6 of section 85 of the Act during the period that began on March 1, 2020 and that ended on the date this subsection applies.
3. The employer of the pension plan is required to pay, no later than 30 days after the date on which this subsection applies, the amount of the annual assessment under section 37 that did not become due in respect of the pension plan but would have become due if the pension plan had not been a prescribed pension plan for the purposes of paragraph 6 of section 85 of the Act.
2. Subsection 66 (2) of the Regulation is amended by striking out “a reference in the federal investment regulations to the Chief Executive Officer” and substituting “a reference in the federal investment regulations to the Superintendent”.
Commencement
3. This Regulation comes into force on the day it is filed.