MPPs Pension Act, 1996, S.O. 1996, c. 6, Sched. A (Consolidation Period:  From January 1, 2017 )

JurisdictionOntario
Coming into Force01 January 2017
Statuscurrent

MPPs Pension Act, 1996

S.O. 1996, Chapter 6
Schedule A

Consolidation Period: From January 1, 2017 to the e-Laws currency date.

Last amendment: 2016, c. 23, s. 57.

CONTENTS

PART I
interpretation

Interpretation

Definitions

1 (1) In this Act,

“average Consumer Price Index” means the average Consumer Price Index as defined in subsection 8500 (1) of the Income Tax Regulations (Canada); (“moyenne de l’indice des prix à la consommation”)

“Consumer Price Index” means the Consumer Price Index as defined in subsection 8500 (1) of the Income Tax Regulations (Canada); (“indice des prix à la consommation”)

“dependent child” means, in relation to an individual, a child of the individual who,

(a) is less than 18 years of age, or

(b) is 18 or more years of age and since reaching 18 years of age has been continuously in full-time attendance at either or both of,

(i) a secondary school, or

(ii) for the five years following secondary school, a post-secondary educational institution recognized by the Board of Internal Economy of the Assembly; (“enfant à charge”)

“plan” means the pension plan continued under subsection 2 (1) and includes the registered plan and the supplementary plan; (“régime”)

“pre-reform plan” means the Legislative Assembly Retirement Allowances Act, as it read on December 31, 1991, including the amendments deemed to be made to it by subsections 50 (3) and (4) of this Act; (“régime antérieur à la réforme”)

“registered plan” means the pension plan set out in Parts III, IV and V of the Act; (“régime enregistré”)

“registered plan account” means the registered plan account established under subsection 23 (1); (“compte de régime enregistré”)

“spouse” means either of two persons who,

(a) are married to each other,

(b) have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under the plan,

(c) have lived together in a conjugal relationship outside marriage continuously for a period of not less than three years, or

(d) have lived together in a conjugal relationship outside marriage in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children’s Law Reform Act; (“conjoint”)

“supplementary plan” means the pension plan set out in Parts VI, VII and VIII of the Act; (“régime supplémentaire”)

“supplementary plan account” means the supplementary plan account established under subsection 39 (1). (“compte de régime supplémentaire”) 1996, c. 6, Sched. A, s. 1 (1); 1999, c. 6, s. 39 (1); 2005, c. 5, s. 43 (1-4); 2016, c. 23, s. 57.

Remuneration

(2) For the purposes of the Act, an individual’s remuneration is the amount paid to him or her under the Legislative Assembly Act (other than an amount paid to reimburse him or her for expenses actually incurred) and the salary, if any, paid to him or her under the Executive Council Act. 1996, c. 6, Sched. A, s. 1 (2).

Same

(3) For the purposes of the Act, the remuneration of the Information and Privacy Commissioner is the salary paid to him or her under the Freedom of Information and Protection of Privacy Act and the remuneration of the Ombudsman is the salary paid to him or her under the Ombudsman Act. 1996, c. 6, Sched. A, s. 1 (3).

Service

(4) For the purposes of the Act, the period of service of a member of the Assembly is determined in accordance with subsection 61 (2) of the Legislative Assembly Act. 1996, c. 6, Sched. A, s. 1 (4).

Deemed service

(5) For the purposes of the Act, service by the Information and Privacy Commissioner and by the Ombudsman in those offices shall be deemed to be service as a member of the Assembly. 1996, c. 6, Sched. A, s. 1 (5).

Calculation of service

(6) In any calculation under the Act involving service of less than one year,

(a) the calculation shall be made on a monthly basis;

(b) any part of a month less than 15 days shall be disregarded; and

(c) any part of a month not less than 15 days shall be deemed to be a month. 1996, c. 6, Sched. A, s. 1 (6).

Calculation involving age

(7) If an individual’s entitlement under the Act is determined with reference to a combination of an individual’s age and number of years of service, the individual’s age shall be expressed in years and months and subsection (6) applies with necessary modifications. 1996, c. 6, Sched. A, s. 1 (7).

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 39 (1) - 1/03/2000

2005, c. 5, s. 43 (1-4) - 13/06/2005

2016, c. 23, s. 57 - 01/01/2017

PART II
GENERAL

Pension plan continued

2 (1) The pension plan set out in the Legislative Assembly Retirement Allowances Act is continued.

Primary purpose of the plan

(2) The primary purpose of the plan is to provide periodic payments of allowances to members of the Assembly after their retirement and until death in respect of their service as members of the Assembly. 1996, c. 6, Sched. A, s. 2.

Application of plan

3 (1) The plan applies in respect of individuals who are members of the Assembly on or after January 1, 1992.

Same

(2) The plan applies in respect of the individuals who hold office as the Information and Privacy Commissioner or as Ombudsman on or after January 1, 1992. 1996, c. 6, Sched. A, s. 3.

Membership

4 (1) Every individual who is a member of the Assembly on or after January 1, 1992 is a member of the plan. He or she ceases to be a member of the plan,

(a) at any time he or she ceases to be a member of the Assembly; or

(b) at the end of the calendar year in which he or she reaches 69 years of age.

Deemed members

(2) For the purposes of the Act, the Information and Privacy Commissioner and the Ombudsman shall be deemed to be members of the Assembly.

Former member

(3) An individual is a former member of the plan if he or she has ceased to be a member of the plan and is entitled to be paid an allowance under the plan either immediately or in the future. 1996, c. 6, Sched. A, s. 4.

Credit for service as federal MP

5 (1) If an individual is a former member of the House of Commons of Canada who is not entitled to or is not receiving an allowance in respect of service as a member of the House of Commons of Canada, his or her service may be counted as service under this Act if the individual pays into his or her registered plan account before June 8, 1995 an amount equal to the refund of contributions received from the account maintained to provide superannuation benefits for members of the House of Commons of Canada, with interest at the rate of 6 per cent per year.

Limit

(2) A period of service after 1989 shall not be counted under subsection (1) for the purposes of the registered plan unless the period is approved in accordance with the past service certification procedure under subsections 8307 (1) and (2) of the Income Tax Regulations (Canada). 1996, c. 6, Sched. A, s. 5.

Exemption from seizure, execution or attachment

6 Section 66 of the Pension Benefits Act applies with necessary modifications with respect to money payable under this Act. 1996, c. 6, Sched. A, s. 6.

Effect on teachers’ pension

7 Despite clause 2 (3) (b) of Schedule 1 to the Teachers’ Pension Act, 1989, this Act does not affect the rights of a person under that Act. 1996, c. 6, Sched. A, s. 7.

PART III
REGISTERED PLAN

Member contributions

8 (1) Subject to subsection (3), every member of the plan shall contribute an amount equal to 10 per cent of his or her remuneration.

Remittance

(2) The member’s contribution must be deducted monthly from his or her remuneration and credited to the Legislative Assembly Retirement Allowances Account established under subsection 27 (1) of the Legislative Assembly Retirement Allowances Act.

Contributions eliminated

(3) A member is not entitled to make a contribution under the plan for any period after June 7, 1995.

Refund

(4) The member is entitled to a refund of contributions made for any period after June 7, 1995 together with interest calculated at an annual rate of 6 per cent. The refund is to be paid out of the Legislative Assembly Retirement Allowances Account.

Same, Information and Privacy Commissioner and Ombudsman

(5) If the Information and Privacy Commissioner or the Ombudsman, as the case may be, notifies the Speaker within four months after this Act receives Royal Assent that he or she intends to purchase credit in the Public Service Pension Plan for the service to which the refund relates, his or her refund (together with interest) shall be paid,

(a) to the Public Service Pension Plan, to the extent necessary to satisfy his or her contributions under the Plan for the service; and

(b) to the Commissioner or the Ombudsman, as the case may be, to the extent that there is any money remaining after payment is made under clause (a). 1996, c. 6, Sched. A, s. 8.

Entitlement to allowance

9 (1) An individual who has been a member of the Assembly for at least five years and who ceases to be a member of the plan otherwise than by reason of death is entitled to be paid an annual allowance determined under section 10 during his or her lifetime.

Same

(2) The allowance under subsection (1) begins on the first day of the month coincident with or next following the later of,

(a) the day on which the individual ceases to be a member of the plan; and

(b) the day on which the sum of the individual’s age plus his or her years of service as a member of the Assembly equals 55.

Allowance at age 69

(3) If an individual is a member of the plan at the end of the calendar year in which he or she reaches 69 years of age, the individual is entitled to be paid an allowance at the beginning of the next calendar year. 1996, c. 6, Sched. A, s. 9.

Amount of allowance

10 (1) The amount of an individual’s allowance under section 9 for the calendar year in which the allowance begins is calculated using the formula,

(A × B)×(1 – 0.0025 × C) + D

in which,

“A” equals the lesser of,

(a) 2 per cent of the...

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