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1997-013 To Authorize the amendment of a Supplementary Agreement under the Ontario Municipal Employees Retirement System THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NUMBER 97 - 13 I 1 being a By-law to authorize the amendment of a Supplementary Agreement under the Ontario Municipal Employees Retirement System ("System ') WHEREAS pursuant to the Supplementary Benefits provisions of the Regulation made under the Ontario Municipal Employees Retirement System Act, RS.O. 1990, c. 029, as amended, an employer who has elected to participate in the System may enter into or amend an agreement with the Ontario Municipal Employees Retirement Board for the payment of Supplementary Benefits in respect of all or any class of the employees or councillors who are or become members of the System; AND WHEREAS the Corporation of the Township of Oro has entered into a Supplementary Agreement with the Ontario Municipal Employees Retirement Board dated November 17, 1993; AND WHEREAS it is deemed advisable to amend the said Supplementary Agreement; it is hereby enacted that: 1. The Mayor and Clerk are hereby authorized on behalf of the Corporation of the Township of Oro-Medonte to enter into Amending Agreement No. 1 to Supplementary Agreement No. 479 in the form attached hereto with the Ontario Municipal Employees Retirement Board. 2. The Clerk is hereby authorized to do such things as are necessary and to carry out the intent of the By-law. 3. A certified copy of this by-law shall be filed with the President of the Ontario Municipal Employees Retirement Board. 4. This By-law shall come into force on the day of its passing. Enacted and Passed this 5th day of H=~bn]Bry , 19 g7 'gD ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM AMENDING AGREEMENT NO.1 TO SUPPLEMENTARY AGREEMENT NO. 479 -- THIS AMENDING AGREEMENT IS BETWEEN: THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT BOARD (the "Board") AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (the "Employer") WHEREAS the Board and the Employer have entered into Supplementary Agreement No. 479 dated the 17th day of November 1993, as amended (the "Agreement") pursuant to, and governed by, the Supplementary Benefits provisions of Regulation 890, R.R.O. 1990, as amended (the "Regulation"), a regulation under the Ontario Municipal Employees Retirement System Act, R.S.O. 1990, c. 0.29, as amended (the "Act"); AND WHEREAS the Board and the Employer desire to amend the Agreement. NOW THEREFORE the Board and the Employer agree to the following: SCHEDULE 1, PART A OF SUPPLEMENTARY AGREEMENT NO. 479 SHALL BE REPLACED AS OF JANUARY 1, 1994 BY SCHEDULE 1, PART A ATTACHED HERETO WITH RESPECT TO COVERED MEMBERS WHO SHALL RETIRE, DIE OR OTHERWISE TERMINATE THEIR SERVICE WITH THE EMPLOYER ON OR AFTER JANUARY 1, 1994. AND SCHEDULE 1 OF SUPPLEMENTARY AGREEMENT NO. 479 SHALL BE AMENDED AS OF JANUARY 1, 1996 BY ADDING THERETO THE SCHEDULE 1, PART B ATTACHED HERETO WITH RESPECT TO COVERED MEMBERS WHO SHALL RETIRE, DIE OR OTHERWISE TERMINATE THEIR SERVICE WITH THE EMPLOYER ON OR AFTER JANUARY 1, 1996. THIS AMENDING AGREEMENT is entered into this day of 19 . FOR THE EMPLOYER ,1 ,J'1 . ......~:.;:~...0. ~!....... ... ....... ... .... ...... ............. ~ ~'- .u- .............~.~...... ./i.. ........ ....... ..... ... ... ... ... ........ FOR THE BOARD ............................................................................. President '?i' '. SCHEDULE "1" TO THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY AGREEMENT PART A ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY PLAN .- Covered Members 1. Each member of the System employed by the Corporation of the Township of Oro- Medonte (the "Employer") as Building Management (the "Class") shall be covered under this Plan immediately on the Plan Effective Date or the date the member becomes part of the Class, whichever is later. General 2. Unless otherwise provided for in this Plan, all terms and conditions of benefits payable under the Act and Regulation shall apply to benefits provided under this Plan. Definitions 3. Under this Plan, (a) "Agreement" means the Ontario Municipal Employees Retirement System Supplementary Agreement of which this Plan forms Schedule 1, Part A; (b) "Plan Effective Date" means January 1, 1994 (c) "Optional Service" means service as defmed in the Act. Contributions 4. (a) The Employer shall payor cause to be paid to the Fund, Plan Contributions in the manner and upon such terms as the Board may from time to time require by written notice to the Employer. (b) In no event may a Covered Member pay more than fifty percent of the Plan Contributions . (c) Plan Contributions in respect of Optional Service shall be paid by the Member or by the Employer and may be shared by them in such manner as they may agree. (d) The Refund of Contributions By Members provisions of the Regulation apply to Plan Contributions. Credited Service 5. The service of a Covered Member with the Employer prior to the Employer's effective date of participation in the System shall be deemed to be credited service calculated in accordance with the Regulation. Such credited service shall not include: (i) service for which contributions made by a Covered Member under the Contributions By Members provisions of the Regulation or under a previous pension plan have been refunded; and Ie (ii) service for which a Covered Member was entitled to make contributions under the Contributions By Members provisions of the Regulation or under a previous pension plan, but chose not to do so; and (Hi) service prior to which contributions made by a Covered Member under the Contributions By Members provisions of the Regulation have been refunded; and (iv) part-time, temporary or contract service; but shall include Optional Service as defined in clause 3(c) of this Plan for which the required Plan Contributions have been made by a Covered Member. Previous Pension Plan Offset 6. (a) Where a Covered Member is entitled to receive a pension benefit under a previous plan or fund in respect of a period of credited service under this Plan, the benefits payable under this Plan shall be reduced at the earlier of the member's normal retirement date or date of death by the Normal Previous Pension Plan Amount. (b) For the purposes of this section the Normal Previous Pension Plan Amount shall equal the annual normal pension amount under a previous plan or fund, as established on the later of January 1, 1993 or the member's effective date of coverage under this Plan, that is payable, or is deemed to be payable, at the member's normal retirement date under the Regulation. Where the previous pension plan cannot establish the Normal Previous Pension Plan Amount the Board shall determine such amount for the purposes of this section. Any pension purchased by voluntary contributions made by a Covered Member shall be excluded when establishing the Normal Previous Pension Plan Amount. 1} SCHEDULE "1" TO THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY AGREEMENT PARTB ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY PLAN Ie Covered Members 1. Each member of the System employed by the Corporation of the Township of Oro- Medonte (the "Employer") as Administrative Management (the "Class") shall be covered under this Plan immediately on the Plan Effective Date or the date the member becomes part of the Class, whichever is later. General 2. Unless otherwise provided for in this Plan, all terms and conditions of benefits payable under the Act and Regulation shall apply to benefits provided under this Plan. Definitions 3. Under this Plan, (a) "Agreement" means the Ontario Municipal Employees Retirement System Supplementary Agreement of which this Plan forms Schedule 1, Part B; (b) "Plan Effective Date" means January 1, 1996. (c) "Optional Service" means service as defmed in the Act. Contributions 4. (a) The Employer shall payor cause to be paid to the Fund, Plan Contributions in the manner and upon such terms as the Board may from time to time require by written notice to the Employer. (b) In no event may a Covered Member pay more than fifty percent of the Plan Contributions . (c) Plan Contributions in respect of Optional Service shall be paid by the Member or by the Employer and may be shared by them in such manner as they may agree. (d) The Refund of Contributions By Members provisions of the Regulation apply to Plan Contributions. 'll./ Credited Service 5. The service of a Covered Member with the Employer prior to the Employer I s effective date of participation in the System shall be deemed to be credited service calculated in accordance with the Regulation. Such credited service shall not include: (i) service for which contributions made by a Covered Member under the Contributions By Members provisions of the Regulation or under a previous pension plan have been refunded; and Ie (ii) service for which a Covered Member was entitled to make contributions under the Contributions By Members provisions of the Regulation or under a previous pension plan, but chose not to do so; and (iii) service prior to which contributions made by a Covered Member under the Contributions By Members provisions of the Regulation have been refunded; and (iv) part-time, temporary or contract service; but shall include Optional Service as defined in clause 3(c) of this Plan for which the required Plan Contributions have been made by a Covered Member. Previous Pension Plan Offset 6. (a) Where a Covered Member is entitled to receive a pension benefit under a previous plan or fund in respect of a period of credited service under this Plan, the benefits payable under this Plan shall be reduced at the earlier of the member's normal retirement date or date of death by the Normal Previous Pension Plan Amount. (b) For the purposes of this section the Normal Previous Pension Plan Amount shall equal the annual normal pension amount under a previous plan or fund, as established on the later of the Plan Effective Date or the member's effective date of coverage under this Plan, that is payable, or is deemed to be payable, at the member I s normal retirement date under the Regulation. Where the previous pension plan cannot establish the Normal Previous Pension Plan Amount the Board shall determine such amount for the purposes of this section. Any pension purchased by voluntary contributions made by a Covered Member shall be excluded when establishing the Normal Previous Pension Plan Amount.