Teachers' Pension Act, R.S.O. 1990, c. T.1

Teachers’ Pension Act

R.S.O. 1990, CHAPTER T.1

Historical version for the period December 20, 2006 to June 4, 2009.

Last amendment: 2006, c. 33, Sched. Z.8.

CONTENTS

1.	Definitions
2.	Pension plan continued
3.	Administrator
4.	Pension fund
5.	Contributions by the Crown
6.	Board continued
7.	Composition of the Board
8.	Powers, etc., of the Board
10.	Joint management
11.	Agreement for member responsibility
12.	Investments authorized
13.	Continued application
14.	Payment of pensions, predecessor Acts

Definitions

1. (1)In this Act,

“active plan member”, of the pension plan, means a person who is making the contributions required of an active member of the plan or a person on whose behalf contributions required of an active member of the plan are being made; (“participant actif”)

“Board” means the Ontario Teachers’ Pension Plan Board; (“Conseil”)

“pension fund” means the pension fund maintained to provide benefits in respect of the Ontario Teachers’ Pension Plan; (“caisse de retraite”)

“pension plan” means the Ontario Teachers’ Pension Plan; (“régime de retraite”)

“Schedule 1” means Schedule 1 to the Teachers’ Pension Act, 1989 as amended from time to time. (“annexe 1”) R.S.O. 1990, c. T.1, s. 1; 1991, c. 52, s. 1; 1993, c. 39, s. 1; 1998, c. 34, s. 98 (1).

Interpretation

(2)Expressions in this Act have the same meaning as under the Pension Benefits Act unless the context requires otherwise. 1998, c. 34, s. 98 (2).

Pension plan continued

2. (1) A pension plan known as the Ontario Teachers’ Pension Plan is continued under the name Ontario Teachers’ Pension Plan in English and Régime de retraite des enseignantes et des enseignants de l’Ontario in French. R.S.O. 1990, c. T.1, s. 2 (1).

Defined benefits plan

(2) The pension plan is a defined benefit plan within the meaning of the Pension Benefits Act. R.S.O. 1990, c. T.1, s. 2 (2).

Plan documents

(3) The terms of the pension plan are as set out in Schedule 1 and in such other governing documents as may be created or adopted under this Act or that Schedule. R.S.O. 1990, c. T.1, s. 2 (3).

Sufficiency of assets

(4) The assets of the pension fund, including the present value of additional contributions to be made by the Minister of Education, shall be maintained at a level that, at the time of a valuation of the pension plan prepared by the plan actuary for filing with the Superintendent of Financial Services, is reasonably sufficient in the opinion of the actuary to meet the liabilities of the pension plan on a continuing basis. 1991, c. 52, s. 2; 1993, c. 39, s. 2; 1998, c. 34, s. 99; 2005, c. 31, Sched. 21, s. 1.

Administrator

3. The Board shall administer the pension plan and manage the pension fund in accordance with this Act, the Pension Benefits Act and the Income Tax Act (Canada). R.S.O. 1990, c. T.1, s. 3.

Pension fund

4. The pension fund is continued. R.S.O. 1990, c. T.1, s. 4.

Contributions by the Crown

5. (1) The Minister of Finance shall pay from the Consolidated Revenue Fund an amount equal to contributions under the pension plan payable by the Minister of Education. R.S.O. 1990, c. T.1, s. 5 (1); 1993, c. 39, s. 3 (1); 2005, c. 31, Sched. 21, s. 2 (1).

Matching contributions

(1.1) The total amount of the contributions payable by the Minister of Education and the employers who contribute under the pension plan in respect of any year shall not exceed the amount of contributions payable by or on behalf of active plan members in respect of credited service for that year. 1991, c. 52, s. 3; 1993, c. 39, s. 3 (1); 2005, c. 31, Sched. 21, s. 2 (2).

Idem

(1.2) For the purpose of subsection (1.1), payments made under subsections (3), (4) and (7) shall not be included in determining the total amount of contributions payable by the Minister of Education and the employers who contribute under the plan. 1991, c. 52, s. 3; 1993, c. 39, s. 3 (1); 1998, c. 34, s. 100 (1); 2005, c. 31, Sched. 21, s. 2 (3).

Payments for long term income protection

(2) For the purposes of subsection (1.1), no additional payments made on or after January 1, 1992 by the Minister of Education or employers who contribute under the pension plan in respect of active plan members receiving payments under a long term income protection agreement shall be included in determining the total amount of contributions payable by the Minister of Education and the employers who contribute under the plan. 2006, c. 33, Sched. Z.8, s. 1 (1).

Deficiency

(3) If in a year the amount of cash and assets capable of sale in the pension fund is insufficient to meet the payments out of the fund in the year after the sale of the assets capable of sale, the Minister of Finance shall pay from the Consolidated Revenue Fund an amount sufficient to make up the deficiency. R.S.O. 1990, c. T.1, s. 5 (3); 1993, c. 39, s. 3 (1).

Limitation

(4) Subsection (3) ceases to apply if an agreement mentioned in subsection 11 (1) is in force. R.S.O. 1990, c. T.1, s. 5 (4).

(5), (6) Repealed: 1993, c. 39, s. 3 (2).

Solvency deficiency

(7) If a solvency deficiency is disclosed by a solvency valuation under the Pension Benefits Act, the Minister of Education may, during the five years following the date of the valuation, make additional contributions to the pension plan. 1991, c. 52, s. 3; 1993, c. 39, s. 3 (1); 2005, c. 31, Sched. 21, s. 2 (4).

Contributions for 2008

(8) Despite subsection (1.1), the total amount of contributions payable in respect of 2008 by the Minister of Education and the employers who contribute under the pension plan may exceed the amount of contributions payable by or on behalf of active plan members in respect of credited service for that year. 2006, c. 33, Sched. Z.8, s. 1 (2).

5.1 Repealed: 1998, c. 34, s. 101.

Board continued

6. (1) The Ontario Teachers’ Pension Plan Board is continued as a corporation without share capital under the name Ontario Teachers’ Pension Plan Board in English and Conseil du régime de retraite des enseignantes et des enseignants de l’Ontario in French. R.S.O. 1990, c. T.1, s. 6 (1).

Application of Corporations Act

(2) The Corporations Act does not apply with respect to the Board. R.S.O. 1990, c. T.1, s. 6 (2).

Composition of the Board

7. The composition of the Board shall be as is set out in the pension plan. R.S.O. 1990, c. T.1, s. 7.

Powers, etc., of the Board

8. (1) The powers and duties of the Board shall be those set out in the pension plan. R.S.O. 1990, c. T.1, s. 8.

Protection from liability

(2) No action or other proceeding for damages shall be commenced or continued against a member of the Board or against a member of a committee of the Board for an act done in good faith in the execution or intended execution of a power or duty under this Act, the pension plan or an agreement between the Minister of Education and the executive of The Ontario Teachers’ Federation in respect of the plan. 1991, c. 52, s. 4; 2005, c. 31, Sched. 21, s. 3.

9. Repealed: 1991, c. 52, s. 5.

Joint management

10. (1) The Minister of Education and the executive of The Ontario Teachers’ Federation may enter into an agreement that provides for the following matters:

1. The joint management of the pension plan by the Minister and the executive of the Federation.

2. The composition of the Board, the appointment of the members of the Board and the delineation of the powers and duties of the Board.

3. The sharing of entitlement to gains or surplus under the plan and of liability for deficiencies in the pension fund by the Minister, the employers who contribute under the plan and the active plan members.

4. The amendment of the plan, including the amendment of Schedule 1, by agreement between the Minister and the executive of the Federation.

5. The resolution of disputes between the Minister and the executive of the Federation with respect to amendments to the plan.

6. Any other matter to which the Minister and the executive of the Federation agree. 1991, c. 52, s. 6; 1993, c. 39, s. 5; 2005, c. 31, Sched. 21, s. 4 (1).

Filing of amendment

(2) An agreement amending the pension plan under paragraph 4 of subsection (1) shall be filed with the Superintendent of Financial Services and the amendment to the plan comes into force on the date of filing or on such later date as may be set out in the agreement. 1991, c. 52, s. 6; 2005, c. 31, Sched. 21, s. 4 (2).

Conflict with Pension Benefits Act

(3) To the extent that an amendment to the pension plan conflicts with the Pension Benefits Act in a matter in which the conflict is not authorized by this Act or Schedule 1, the amendment is void. 1991, c. 52, s. 6.

Agreement for member responsibility

11. (1) The Minister of Education and the executive of The Ontario Teachers’ Federation may enter into an agreement that provides,

(a) that the pension plan will continue;

(b) that the entitlement to gains or surplus and the liability for deficiencies in the pension fund are permanently assumed by the active plan members;

(c) that the liability of the Crown to contribute under the plan is limited to a specified amount or to a specified percentage of member contributions under the plan;

(d) that the members may amend the plan, subject to the restrictions described in clauses (b) and (c). 1991, c. 52, s. 7; 1993, c. 39, s. 6; 2005, c. 31, Sched. 21, s. 5 (1).

Filing of agreement

(2) An agreement under subsection (1) shall be filed with the Superintendent of Financial Services and comes into force on the date of filing or on such later date as may be set out in the agreement. 1991, c. 52, s. 7; 2005, c. 31, Sched. 21, s. 5 (2).

Repeal of Schedule 1

(3) Schedule 1 is repealed on the day the agreement under subsection (1) comes into force. 1991, c. 52, s. 7.

Investments authorized

12. (1) Despite the Pension Benefits Act and the regulations thereunder, the receipt and holding by the Board of debentures issued or transferred under section 12 of the Teachers’ Pension Act, 1989, being chapter 92, shall not be considered imprudent or unreasonable or contrary to the Pension Benefits Act and the regulations thereunder, and the nature, amount and terms of the debentures may be taken into account by the Board and any committee of the Board in determining future investments of the assets of the pension plan. R.S.O. 1990, c. T.1, s. 12 (1).

Transfer Teachers’ Pensions

(2) Section 81 of the Pension Benefits Act does not apply to the transfers described in section 12 of the Teachers’ Pension Act, 1989, being chapter 92. R.S.O. 1990, c. T.1, s. 12 (2).

12.1 (1) Repealed: 2005, c. 31, Sched. 21, s. 6 (1).

(2) Repealed: 2005, c. 31, Sched. 21, s. 6 (2).

(3) Repealed: 2005, c. 31, Sched. 21, s. 6 (3).

(4) Repealed: 2005, c. 31, Sched. 21, s. 6 (4).

12.2 Repealed: 2005, c. 31, Sched. 21, s. 7.

Continued application

13. (1) The Teachers’ Superannuation Act, 1983, being chapter 84, as it read on the 31st day of December, 1989, continues to apply to the computation or payment of every allowance, annuity, pension or deferred pension or payment to the payment of which a person became entitled under that Act before that date, and continues to apply in respect of every person who, within the meaning of that Act, ceased to be a contributor on or before that date and is entitled to a deferred allowance under that Act. R.S.O. 1990, c. T.1, s. 13 (1).

Idem

(2) The Teachers’ Superannuation Act, 1983, being chapter 84, as it read on the 31st day of December, 1989, continues to apply in respect of every person who is entitled to a survivor benefit, death benefit, right or allowance with respect to contributions made by a person referred to in subsection (1). R.S.O. 1990, c. T.1, s. 13 (2).

Payment of pensions, predecessor Acts

14. Every allowance, pension or deferred pension or other payment under the Teachers’ Superannuation Act, 1983, being chapter 84, or a predecessor Act or under the Superannuation Adjustment Benefits Act, being chapter 490 of the Revised Statutes of Ontario, 1980, or a predecessor Act, including any payment authorized to be made from the Consolidated Revenue Fund, that, before the 1st day of January, 1990, a person was receiving, was entitled to receive, or was entitled to receive with the payment thereof deferred until the year 1990 or later, shall be paid out of the pension fund in accordance with the Act under which entitlement to the payment arose. R.S.O. 1990, c. T.1, s. 14.

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