R.S.O. 1990, c. P.8, s. 42 (2). 1990, c. P.8, s. 57 (7). 66 (1) Money payable under a pension plan is exempt from execution, seizure or attachment. (3) The notice, document or the reasonable notice of the contents is deemed to have been received on the date on which the public advertisement is published or the date on which the other means referred to in subsection (1) are used. 909 of R.R.O. (5) A reduction or suspension of contributions under section 55.1 (contribution holidays) does not constitute a cessation or suspension of employer contributions for the purposes of clause (1) (a) or subclause (1) (h) (ii). 2017, c. 34, Sched. 56 (1) The administrator of a pension plan and the agent, if any, of the administrator who is responsible for receiving contributions under the pension plan shall ensure that all contributions are paid when due. 23, s. 23. 2018, c. 8, Sched. (Canada). 5. (2) The pension plan is exempt from the application of this Act, the regulations and the Authority rules, except as necessary to give effect to this section, as of the date on which the pension plan is established. 106 (1) The persons referred to in subsections (3) to (5) and (8) to (10) are the following: 2. Election re grow-in benefits, certain pension plans. R.S.O. (7) Where a pension plan provides for the variation of a pension benefit by reason of benefits payable under the Canada Pension Plan, the Quebec Pension Plan or the Old Age Security Act (Canada), the variation shall be applied in the prescribed manner. (4.1) This section does not prevent the reduction or suspension of contributions for normal cost of the pension plan or contributions for the provision for adverse deviations in respect of the normal cost of the pension plan if the reduction or suspension is otherwise authorized by this Act or the regulations. (4) Members of a jointly sponsored pension plan shall make the contributions required under the plan (including their obligations in respect of any going concern unfunded liability and, except in the case of plans described in subsection 1 (2.1), in respect of any reduced solvency deficiency) in accordance with the prescribed requirements for funding and shall make the contributions in the prescribed manner and at the prescribed times. 2014, c. 7, Sched. 19, s. 6 (1, 2); 2017, c. 34, Sched. R.S.O. 44, s. 8. 1998, c. 34, s. 91 (3). R.S.O. (2) For the purpose of this section, if a member, former member or retired member has at least ten years of continuous employment with the employer, a deferred pension or a pension benefit includes bridging benefits. 2010, c. 24, s. 17. (1) In this Regulation, âGeneral Regulationâ means Regulation 909 of the Revised Regulations of Ontario, 1990 (General) made under the Act. R.S.O. 1990, c. P.8, s. 108. 33, s. 38. 79.1 (1) No person shall transfer assets between pension plans if the transferred assets relate to the provision of defined benefits unless, (a) the transfer is authorized under section 21, 42, 80, 80.2, 80.4 or 81; or. 98.1 (1) A prescribed person or entity shall, as soon as reasonably practicable after a disclosable event has occurred, give notice of the disclosable event to the Chief Executive Officer. 2009, c. 11, s. 49; 2010, c. 9, s. 46 (1-4). Statement to spouse who is specified beneficiary. (2) The following rules apply when a pension plan is wound up: 1. (7) Subsection (3) is not authority to enter a private residence without the consent of the occupier. (2) The Lieutenant Governor in Council may make regulations exempting Essar Steel Algoma Inc. or a successor employer from subsection 57 (3), (4), (5) or (6), if, (a) Essar Steel Algoma Inc., the successor employer, if any, and the parties specified by regulation have entered into an agreement related to the application of those provisions in respect of the contributions to the pension plan by Essar Steel Algoma Inc. or by the successor employer; and. R.S.O. (4) There is no preliminary value attributable to ancillary benefits and other entitlements otherwise than by virtue of subsection (3). 23, s. 23. 2010, c. 9, s. 61. 1990, c. P.8, s. 33 (2); 2018, c. 8, Sched. (b) to divide variable benefits payments made from the funds in a retired member’s variable benefit account. 6. 23.1 (1) The Chief Executive Officer may, in writing, order that an administrator of a pension plan hold a meeting at which matters specified by the Chief Executive Officer are discussed. 3. 2016, c. 37, Sched. The employer of the single employer pension plan and the sponsors of the jointly sponsored pension plan have entered into an agreement with respect to the proposed transfer of assets. This is the English version of a bilingual regulation. (4) If at any time the amount standing to the credit of the Guarantee Fund is insufficient for the purpose of paying claims, the Lieutenant Governor in Council may authorize the Minister of Finance to make loans out of the Consolidated Revenue Fund to the Guarantee Fund on such terms and conditions as the Lieutenant Governor in Council directs. 23, s. 23. (See: 2019, c. 7, Sched. (b) if, after the increase, the solvency ratio or the going concern funded ratio of the pension plan, determined in accordance with the regulations, would be below the prescribed level. Regulations re transfer of Commission, Superintendent powers, duties and functions. (See: 2020, c. 36, Sched. 1990, c. O.2. 23, s. 23. (4), (5) Repealed: 2010, c. 24, s. 28 (2). As of July 1, 2012, a number of amendments to the Ontario Pension Benefits Act (PBA) and related amendments to the general regulation under the PBA were proclaimed in force.Employers and plan administrators should carefully review their plans and their administrative practices to ensure that they continue to be compliant with the PBA, and to assess whether any changes are warranted in ⦠(b) the retired member has designated a beneficiary who has an entitlement under subsection (5). 1990, c. P.8, s. 106 (4). the liability of the successor employer, if any, under subsection 55 (2). This Regulation comes into force on the day section 2 of Schedule 19 to the Building Ontario Up for Everyone Act ⦠(b) to the period beginning with the date determined in accordance with the regulations and ending on the spouses’ family law valuation date, for the purposes of a family arbitration award or domestic contract. (14) Without limiting the generality of subsection (13), an administrator or employer may be required to make a payment under that subsection. 2. 33, s. 17). 15. (3) A spouse of a retired member of a successor pension plan may, in the situation referred to in subsection (1), apply for the division of the retired member’s pension under the successor pension plan if all of the following circumstances exist: 2. 23, s. 23. (2) Money transferred from a pension fund to a prescribed retirement savings arrangement or for the purchase of a life annuity under section 39.1, 42, 43, 43.1, 48, 67.3, 67.4 or 67.8 or subsection 73 (2) is exempt from execution, seizure or attachment. 2010, c. 9, s. 70 (4); 2010, c. 24, s. 37; 2018, c. 8, Sched. (c) a member of a pension plan who has been laid off from employment by the employer. 23, s. 23. 23, s. 23. 9. 112.1 (1) The Chief Executive Officer may authorize a person to give or deliver a notice, document or reasonable notice of the contents of the notice or document by public advertisement or other means authorized by the Chief Executive Officer. 2010, c. 9, s. 75. 2020, c. 36, Sched. 1. Prescribing, for the purposes of subsection 67.8 (4), the period of time within which a transfer must be made. R.S.O. 26, s. 3 (3). 27, s. 7 (1). (3) The letter of credit must satisfy such requirements as may be prescribed. (2) Without limiting the generality of subsection (1), the order may require the administrator to secure an appraisal of any or all of the assets of the pension fund by one or more independent valuators and provide the appraisal to the Chief Executive Officer or designate or it may authorize the Chief Executive Officer to obtain an appraisal at the administrator’s expense. 23, s. 23. (1.2) If an employer has converted a single employer pension plan under section 81.0.1 into a jointly sponsored pension plan that is subsequently wound up, the employer shall, in prescribed circumstances, pay the prescribed amount into the pension fund of the jointly sponsored pension plan for the benefit of the members, former members, retired members and other persons entitled to benefits under the plan. 84 (1) If the Chief Executive Officer by order declares that the Guarantee Fund applies to a pension plan, the following are guaranteed by the Guarantee Fund, subject to the limitations and qualifications as are set out in this Act or are prescribed: 1. 1990, c. P.8, s. 106 (1); 1997, c. 28, s. 219; 2010, c. 24, s. 45; 2018, c. 8, Sched. (3) For greater certainty, sections 67.2 to 67.5 shall be interpreted so as to take into account any change to an individual’s status as a member, a former member or a retired member of a pension plan that occurs after the family law valuation date and, for that purpose, a reference to an individual in terms of their status in those sections is to be read as a reference to the relevant status of the individual and to the individual’s pension benefits, deferred pension or pension as of the date of any event or action that is relevant to the application of the provision. (5) Within 60 days after the establishment of a variable benefit account for a retired member, the retired member may apply to the administrator, in accordance with such requirements and subject to such restrictions as may be prescribed, to withdraw from the retired member’s variable benefit account or transfer from it to a registered retirement savings arrangement an amount representing up to 50 per cent of the amount transferred to the retired member’s variable benefit account at the time the account was established. 2017, c. 8, Sched. 33, s. 20; 2018, c. 17, Sched. 2010, c. 9, s. 61. (3) For the purposes of this section, the Authority may make rules in respect of the following matters: 1. 1990, c. P.8, s. 73 (2). R.S.O. 44, s. 8. (3) Persons who have delivered a waiver may jointly cancel it by delivering a written and signed notice of cancellation to the administrator or the insurance company, as the case may be, before the commencement of payment of the pension benefit. (z.3) governing the administrative penalties that may be imposed under section 108.2 or 108.3. ii. 2010, c. 9, s. 57. 37, s. 15 (1)). 1990, c. P.8, s. 82 (3); 1997, c. 28, s. 203; 2018, c. 8, Sched. (5) A regulation under this section may be subject to prescribed limitations, conditions or restrictions. (See: 2019, c. 14, Sched. 33, s. 33). (a) a completed application in the form approved by the Chief Executive Officer; (b) certified copies of the documents that create and support the pension plan; (c) certified copies of the documents that create and support the pension fund; (d) a certified copy of any reciprocal transfer agreement related to the pension plan; (e) a certified copy of the explanations and other information provided under subsection 25 (1); (e.1) a certification in a form approved by the Chief Executive Officer and signed by the applicant in which the applicant attests that the pension plan complies with this Act and regulations; and. Chief Executive Officer approval to purchase annuities. (12) The following rules and any additional prescribed rules apply if the eligible spouse is entitled to a joint and survivor pension under the successor pension plan in respect of the retired member in addition to being entitled to payment of a share of the retired member’s pension in accordance with this section: 1. 1990, c. P.8, s. 54 (3). 1990, c. P.8, s. 26 (4); 2018, c. 8, Sched. “successor employer” means a person who acquires the business of Essar Steel Algoma Inc., if the person assumes some or all of Essar Steel Algoma Inc.’s obligations and rights under a pension plan to which this section applies in connection with the acquired business. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section before the heading “Membership”: (See: 2017, c. 34, Sched. (4) For the purposes of subsection (2) and clause 14 (1) (c), if the consent of the administrator is an eligibility requirement for entitlement to receive an ancillary benefit under a jointly sponsored pension plan and a member, former member or retired member has met all other eligibility requirements, the administrator is deemed to have consented. If the pension plan was not initially registered as providing target benefits, the benefit, if accrued, was converted to a target benefit in accordance with section 81.0.2. 2011, c. 9, Sched. 18, s. 6. 18, s. 6. 2015, c. 38, Sched. 101.3 (1) If a pension plan’s registration under the Income Tax Act (5) An election to exclude a pension plan and its members from the operation of section 74 takes effect when notice of the election is filed with the Chief Executive Officer or on a later date specified in the notice. Transfer of Commission, Superintendent powers, duties and functions. (3) Subsections (1) and (2) do not apply to a variation of a pension or deferred pension under section 49 (variation of payment to disabled person) or to a commutation of a benefit under subsection 39.1 (5) (withdrawal from variable benefit account), section 50 (commuted value) or section 50.0.1 (unlocking for non-resident). (6) The administrator of a pension plan shall promptly notify the Chief Executive Officer if the administrator receives the contact information of the former member or retired member in respect of whom the requirement under subsection (2) was waived. 9, s. 26 (1)). 1999, c. 15, s. 10; 2018, c. 8, Sched. The plan is the âWrap Planâ as defined in subsection 2 (1) of Ontario Regulation 207/19 (The Essar Steel Algoma Inc. Wrap Pension Plan). (3) The following rules govern the composition of the advisory committee: 1. 2010, c. 24, s. 18; 2017, c. 34, Sched. 55.1 (1) An employer required to make contributions under a pension plan, or a person or entity required to make contributions under a pension plan on behalf of an employer, may reduce or suspend, in the prescribed manner, contributions for the normal cost of the pension plan and contributions for the provision for adverse deviations in respect of the normal cost of the pension plan if the pension plan has an available actuarial surplus and if such other requirements as may be prescribed are satisfied. R.S.O. 23, s. 23. 2017, c. 8, Sched. (4) Section 74 applies, with necessary modifications, with respect to members’ entitlements on a partial wind up of a pension plan. Members of the pension plan are required, by virtue of the documents that create and support the plan, to make contributions in respect of any going concern unfunded liability and reduced solvency deficiency of the plan. 26, s. 13; 2018, c. 8, Sched. 2014, c. 7, Sched. 18, s. 7. 1990, c. P.8, s. 86 (4); 1997, c. 28, s. 206; 2018, c. 8, Sched. 23, s. 7 (4). (19) No proceeding, including but not limited to any proceeding in contract, restitution, tort, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in clause (17) (a) or (b) may be brought or maintained against the Crown or any of the Crown’s ministers, agents, appointees and employees. 2010, c. 24, s. 19; 2018, c. 8, Sched. As of the effective date of the transfer, the transferred members and other transferees cease to be entitled to benefits under the single employer pension plan and they are entitled to benefits under the jointly sponsored pension plan. (10) Once the transfer is made in accordance with the application and this Act, the eligible spouse has no further claim against the defined contribution provision of the pension plan in respect of the retired member. (6) A member, former member or retired member described in subsection (1) may designate a beneficiary and the beneficiary is entitled to be paid an amount equal to the commuted value of the deferred pension or pension benefits mentioned in subsection (1) or (2) unless on the date of death the member, former member or retired member has a spouse who has an entitlement under subsection (1) or (2). H, s. 5 (2); 2018, c. 8, Sched. (4) A person mentioned in subsection (1) may make examinations, investigations and inquiries and may require the production of any book, paper, document or thing related to a pension plan or pension fund. 19, s. 3; 2018, c. 8, Sched. (b) it is a subsidiary of a body corporate that is that other body corporate’s subsidiary. (2) An application for registration of an amendment shall be made by paying the fee established by the Minister and filing. 23, s. 4. 23, s. 23. iii. (f) any other prescribed documents. 2019, c. 14, Sched. 9, s. 36; 2020, c. 34, Sched. 26, s. 12; 2018, c. 8, Sched. 2010, c. 26, Sched. 9, s. 36. 2018, c. 8, Sched. 48, s. 1 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2019, c. 14, Sched. 2020, c. 36, Sched. 18, s. 1 (1); 2007, c. 7, Sched. Under the authority of section 77 of the Pension Benefits Act, 1997 , the Lieutenant-Governor in Council makes the following regulations. 1990, c. P.8, s. 58. 2010, c. 24, s. 42 (5); 2018, c. 8, Sched. (8) The Chief Executive Officer may, if he or she considers it appropriate in the circumstances, waive or vary the application of any provision of the regulations that is made for the purpose of subsection 79.2 (7), or any Authority rule made for the purpose of that subsection. R.S.O. The payment otherwise complied with the requirements under this Act and the regulations. R.S.O. (6) Subsection (2) applies with respect to ancillary benefits that are optional benefits, except in such circumstances as may be prescribed. Except in the case of an amendment relating to target benefits, the amendment has been agreed to by a trade union that represents the members. 33, s. 33. 4. 19 (1) The administrator of a pension plan shall ensure that the pension plan and the pension fund are administered in accordance with this Act, the regulations and the Authority rules. (2) The authority of the Chief Executive Officer under subsection (1) is subject to the right to a hearing under section 89.
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