Ontario Municipal Employees Retirement System Act, 2006, S.O. 2006, c. 2

• Jurisdiction: Ontario

Ontario Municipal Employees Retirement System Act, 2006

S.o. 2006, chapter 2

Consolidation Period: From October 19, 2021 to the e-Laws currency date.

Last amendment: 2019, c. 14, Sched. 7, s. 16.

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

“Administration Corporation” means the corporation continued by subsection 32 (1); (“Société d’administration”)

“annual benefit accrual rate” has the same meaning as under the Income Tax Act (Canada); (“taux annuel d’accumulation des prestations”)

“associated employer” means an employer who participates in an OMERS pension plan under subsection 6 (1); (“employeur associé”)

“benefits” means pension benefits and ancillary benefits, unless the context requires otherwise; (“prestations”)

“local board” means local board as defined in section 1 of the Municipal Affairs Act and includes any person or entity that, under another Act, is deemed to be a local board for the purposes of this Act; (“conseil local”)

“OMERS” means the Ontario Municipal Employees Retirement System; (“OMERS”)

“OMERS pension plans” means the primary pension plan, any retirement compensation arrangements that provide benefits for members, former members and retired members of the OMERS pension plans and such other pension plans as may be established by the Sponsors Corporation; (“régimes de retraite d’OMERS”)

“primary pension plan” means the pension plan continued by subsection 3 (1); (“régime de retraite principal”)

“retirement compensation arrangement” means retirement compensation arrangement as defined in subsection 248 (1) of the Income Tax Act (Canada); (“convention de retraite”)

“Sponsors Corporation” means the corporation established by subsection 22 (1); (“Société de promotion”)

“supplemental plan” means a pension plan that is a supplemental plan as defined in the regulations under the Income Tax Act (Canada). (“régime complémentaire”) 2006, c. 2, s. 1 (1); 2012, c. 8, Sched. 42, s. 1.

Interpretation, pension matters

(2) Words and expressions used in this Act that relate to pension plans and pension funds have the same meaning as under the Pension Benefits Act, unless the context requires otherwise. 2006, c. 2, s. 1 (2).

Same, municipal matters

(3) Words and expressions used in this Act that relate to municipal matters have the same meaning as under the Municipal Act, 2001, unless the context requires otherwise. 2006, c. 2, s. 1 (3).

Police and fire sectors

(4) A reference in this Act to persons who are employed in the police and fire sectors is a reference to OMERS pension plan members who are members of a police force as defined in section 2 of the Police Services Act or who are employed as firefighters as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997 or as paramedics as defined in subsection 1 (1) of the Ambulance Act. 2006, c. 2, s. 1 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (4) of the Act is amended by striking out “police force as defined in section 2 of the Police Services Act” and substituting “police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 40)

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

2012, c. 8, Sched. 42, s. 1 - 01/07/2012

2018, c. 3, Sched. 5, s. 42 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 40 - not in force

Ontario Municipal Employees Retirement System

OMERS continued

2 The Ontario Municipal Employees Retirement System is continued and is composed of the OMERS pension plans. 2006, c. 2, s. 2.

Primary pension plan

3 (1) The pension plan that is governed by the Ontario Municipal Employees Retirement System Act immediately before that Act is repealed is continued as the primary pension plan. 2006, c. 2, s. 3 (1).

Transition: terms and conditions

(2) On the day the Ontario Municipal Employees Retirement System Act is repealed, the terms and conditions of the primary pension plan are the terms and conditions that were in effect under that Act immediately before it was repealed. 2006, c. 2, s. 3 (2).

Pension Funds

(3) The pension funds that are governed by the Ontario Municipal Employees Retirement System Act immediately before that Act is repealed are continued. 2006, c. 2, s. 3 (3).

Retirement compensation arrangements

(4) Any retirement compensation arrangements that provide benefits for members, former members and retired members of the OMERS pension plans that are in effect on the day the Ontario Municipal Employees Retirement System Act is repealed are continued and have the terms and conditions that were in effect immediately before that Act was repealed. 2006, c. 2, s. 3 (4); 2012, c. 8, Sched. 42, s. 2.

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

2012, c. 8, Sched. 42, s. 2 - 01/07/2012

Supplemental plans

4 (1) The Sponsors Corporation may establish one or more supplemental plans for the purpose of providing optional benefits to members, former members and retired members of the primary pension plan who are, or were, employed in the police and fire sectors or to other members, former members and retired members of the primary pension plan. 2006, c. 2, s. 4 (1); 2012, c. 8, Sched. 42, s. 3.

Restriction on use of primary pension plan assets

(2) No assets of the primary pension plan shall be used for the purpose of paying any optional benefit under a supplemental plan or funding the payment of any other liability of a supplemental plan. 2006, c. 2, s. 4 (2).

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

2012, c. 8, Sched. 42, s. 3 - 01/07/2012

Employer Participation in the Pension Plans

Employers generally

5 (1) Each of the following employers may participate in the OMERS pension plans in respect of its eligible employees:

1. A municipality.

2. A local board other than a hospital board that operates a public hospital, within the meaning of the Public Hospitals Act, on behalf of a municipality.

3. A conservation authority within the meaning of the Conservation Authorities Act.

4. A district social services administration board within the meaning of the District Social Services Administration Boards Act.

5. Repealed: 2019, c. 14, Sched. 7, s. 16.

6. An association of municipalities or local boards.

7. An association of the officials or employees of municipalities or local boards.

8. The Crown.

9. The Sponsors Corporation.

10. The Administration Corporation. 2006, c. 2, s. 5 (1); 2019, c. 14, Sched. 7, s. 16.

Same

(2) A municipality may participate in the OMERS pension plans in respect of its councillors. 2006, c. 2, s. 5 (2).

Eligible employees

(3) For the purposes of this section and section 7,

“eligible employee” means, in respect of an employer, a person who is employed by the employer but not a person who contributes to a pension plan under the Ontario Public Service Employees’ Union Pension Act, 1994, the Public Service Pension Act or the Teachers’ Pension Act. 2006, c. 2, s. 5 (3).

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

2010, c. 26, Sched. 14, s. 1 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020

2019, c. 14, Sched. 7, s. 16 - 10/12/2019

Associated employers

6 (1) Each of the following employers may participate in the OMERS pension plans on such conditions as may be agreed upon by the employer and the Sponsors Corporation:

1. A person who, under an agreement with a municipality or local board or under an Act, provides a service, program or thing to a person that the municipality or local board is authorized to provide to the person.

2. A corporation incorporated in accordance with section 142 of the Electricity Act, 1998 for the purpose of generating, transmitting, distributing or retailing electricity.

3. A person or association of persons that, immediately before the repeal of the Ontario Municipal Employees Retirement System Act, was designated by the Lieutenant Governor in Council for the purposes of clause (c) of the definition of “associated employer” in subsection 1 (1) of that Act or that, immediately before the repeal of that Act, was deemed by another Act to have been so designated. 2006, c. 2, s. 6 (1).

Eligible employees of associated employers

(2) The following employees of an associated employer are eligible to be members of the OMERS pension plans:

1. For an employer described in paragraph 1 of subsection (1), an employee whose duties relate primarily to the provision of the service, program or thing provided by the employer on behalf of the municipality or local board.

2. For an employer described in paragraph 2 of subsection (1), an employee whose duties relate primarily to the activities referred to in that paragraph.

3. For an employer described in paragraph 3 of subsection (1), every employee. 2006, c. 2, s. 6 (2).

Same

(3) For the purposes of paragraphs 1 and 2 of subsection (2), the employee’s duties may include administrative activities relating to the provision of the service, program or thing or the performance of the employer’s duties, as the case may be. 2006, c. 2, s. 6 (3).

Participation in other plans

7 (1) Despite any other Act, a municipality or a local board shall not make a contribution for the provision of a pension to any of its eligible employees unless the contribution is made under the Canada Pension Plan or to an OMERS pension plan. 2006, c. 2, s. 7 (1).

Approved pension plans

(2) Despite subsection (1), a municipality or local board may make a contribution under another pension plan for the provision of a pension to an eligible employee if all of the following circumstances exist:

1. The pension plan was established by a municipality or local board under a general or special Act and was in effect on the applicable date described in paragraph 4.

2. The employee became employed by the municipality or local board before the applicable...