2017-160 By-law to authorize participation in the OMERS primary pension planThe Corporation of the Township of Oro-Medonte
By -Law No. 2017-160
A By-law to authorize participation in the OMERS primary pension plan ("Primary
Plan"), and the retirement compensation arrangement that provides benefits for
members and former members of the Primary Plan ("RCA"), in respect of the
Head of Council, Councillors and Employees of the Corporation of the Township
of Oro-Medonte identified herein
And to Repeal Township of Oro-Medonte By-law No. 2015-103
Whereas pursuant to subsection 6(1) of the Primary Plan an employer who is eligible
under the Ontario Municipal Employees Retirement System Act, 2006 ("OMERS Act,
2006") to participate in the Primary Plan and the RCA may, by by-law or resolution,
participate in the Primary Plan and the RCA and pay to the funds for the Primary Plan
and the RCA the total of the employer and member contributions, and has all of the
powers necessary and incidental thereto;
And Whereas Council of the Township of Oro-Medonte did enact By-law No. 2015-
104, for participation by a municipality in OMERS in respect of its Head of Council,
Councillors, and Employees on the 10th day of June 2015;
Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
The Employer shall participate in the Primary Plan and the RCA in respect of
each person who is employed by the Employer and who is eligible to be a
member of the Primary Plan and the RCA under subsection 5(3) of the
OMERS Act, 2006, as amended from time to time, ("Employee") as of the first
day of March, 1963 ("Effective Date") and authorizes the Clerk to submit
forthwith a certified copy of this By-law to the OMERS Administration
Corporation ("AC").
An Employee who is employed on a continuous full-time basis ("CFT
Employee"), as defined in subsection 9(1) of the Primary Plan, as amended
from time to time, and who commenced employment with the Employer before
the Effective Date is entitled to become a member of the Primary Plan and the
RCA on the first day of the month following the month in which the CFT
Employee's application is received by the AC, provided that the AC may, at the
request of the Employer, fix an earlier date on which the CFT Employee
becomes a member but not before the date on which the CFT Employee
became entitled to be a member or the first day of January in the year in which
the application is received by the AC, whichever is the later date.
3. Every person who becomes a CFT Employee on or after the Effective Date
shall, as a condition of employment, become a member of the Primary Plan
and the RCA, or if such person is already a member, resume contributions to
the Primary Plan and the RCA on the date so employed.
4. An Employee who is employed on other than a continuous full-time basis
("OTCFT Employee") and meets the eligibility criteria in subsection 9(6) of the
Primary Plan, as amended from time to time, is entitled to become a member
of the Primary Plan and the RCA on the first day of the month following the
month in which the OTCFT Employee's application is received by the AC,
provided that the AC may, at the request of the Employer, fix an earlier date on
which the OTCFT Employee becomes a member but not before the date on
which the OTCFT Employee became entitled to be a member or the first day
of January in the year in which the application is received by the AC,
whichever is the later date.
5. Any person who holds a senior management position with the Employer
("Senior Management Official"), as the Employer may designate from time to
time, is hereby authorized on behalf of the Employer to take all such action
and execute all such documents, certificates and agreements, as they may
consider necessary to give effect to the provisions of this By-law and to fulfill
the Employer's duties and obligations with respect to the Primary Plan and the
RCA, as required from time to time.
6. Notwithstanding article 4 (PBA Membership for OTCFT Employees) of this By-
law, effective as of the first day of March, 1963 ("OTCFT Effective Date"), the
Employer approves mandatory memberships in the Primary Plan and the RCA
for each OTCFT Employee who is employed in the following class(es)
("Specified OTCFT Employees"): if at least 75% of such employees become or
are members.
7. A Specified OTCFT Employee who commenced employment before the
OTCFT Effective Date is entitled to become a member of the Primary Plan and
the RCA on the first day of the month following the month in which the
Specified OTCFT Employee's application is received by the AC, provided that
the AC may, at the request of the Employer, fix an earlier date on which the
Specified OTCFT Employee becomes a member but not before the date on
which the Specified OTCFT Employee became entitled to be a member or the
first day of January in the year in which the application is received by the AC,
whichever is the later date.
8. Every person who becomes a Specified OTCFT Employee on or after the
OTCFT Effective Date shall, as a condition of employment, become a member
of the Primary Plan and the RCA, or if such person is already a member,
resume contributions to the Primary Plan and the RCA on the date so
employed.
9. The normal retirement age of Employees who are employed as firefighters as
defined in subsection 1(1) of the Fire Protection and Prevention Act, 1997, as
amended from time to time, and who are employed in the following class: Fire
Management, is 60 years.
10. The Employer shall participate in the Primary Plan and the RCA in respect of
its head of council ("Head of Council") as of the first day of January, 1999
("Head of Council Effective Date").
11. The Head of Council in office on the Head of Council Effective Date is entitled
to become a member of the Primary Plan and the RCA on the first day of the
month following the month in which the Head of Council's application is
received by the AC, provided that the AC may, at the request of the Employer,
fix an earlier date on which the Head of Council becomes a member but not
before the date on which the Head of Council became entitled to be a member
or the first day of January in the year in which the application is received by
the AC, whichever is the later date.
12. Every person who becomes the Head of Council after the Head of Council
Effective Date shall become a member of the Primary Plan and RCA on the
date he or she becomes the Head of Council.
13. The Employer shall participate in the Primary Plan and the RCA in respect of
its councillors, as defined in section 1 of the Primary Plan, as amended from
time to time, ("Councillor"), as of the first day of January, 1999 ("Councillor
Effective Date").
14. A Councillor in office on the Councillor Effective Date is entitled to become a
member of the Primary Plan and the RCA on the first day of the month
following the month in which the Councillor's application is received by the AC,
provided that the AC may, at the request of the Employer, fix an earlier date on
which the Councillor becomes a member but not before the date on which the
Councillor became entitled to be a member or the first day of January in the
year in which the application is received by the AC, whichever is the later date.
15. Every person who becomes a Councillor after the Councillor Effective Date shall
become a member of the Primary Plan and RCA on the date he or she becomes
a Councillor.
16. The Treasurer of the Employer is hereby authorized to deduct from the
contributory earning of all persons stated herein who is a member of OMERS,
the contributions required to be made by the member, and to remit such
contributions together with the amounts required under the OMERS Act to be
paid by the Employer to the OMERS fund.
17. That Township of Oro-Medonte By-law No. 2015-103 is hereby repealed in its
entirety.
Read a First, Second and Third time, and passed this 13th day of December, 2017.
The Corporation of the Township of Oro-Medonte
DepLAy,Clerk, L. Janette Teeter