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1993-087 Oro THE CORPORATION OF THE TOWNSHIP OF ORa BY-LAW NO. 93- 87 Being a By-law to Authorize Supplementary Benefits Under the ontario Municipal Employees Retirement System ("System") WHEREAS by By-law, the Township of Oro has elected to partic in the ontario Municipal Employees Retirement System; AND WHEREAS pursuant to the Supplementary Benefits provisions of the Regulation made under the ontario Municipal Employees Retirement System Act, R.S.O. 1990, c. 0.29, as amended, an employer who has elected to participate in the System may enter into an agreement with the Ontario Municipal Employees Ret Board for the payment of Supplementary Benefits in respect of al or any class of the employees or councillors who are or become members of the System; it is hereby enacted that: 1. The Reeve and the Clerk are hereby authorized on behalf of the Township of Oro to enter into a Supplementary Agreement in the form attached hereto with the Ontario Municipal Employees Retirement Board for the payment of the Supplementary Benefits provided in the Supplementary Plan forth as Schedule 1 to the Supplementary Agreement. 2. The Treasurer/CAO is hereby authorized to do such things are necessary under the Supplementary Agreement and to out the intent of the By-law. 3. A certified copy of the By-law shall be filed with the President of the ontario Municipal Employees Retirement Board. 4. This By-law shall corne into force on the day of its passing and remain in effect until December 31, 1993. READ A FIRST AND SECOND TIME THIS 17th DAY OF NOVEMBER 1993. READ A THIRD TIME AND FINALLY PASSED THIS 17th DAY OF NOVEMBER 1993. THE CORPORATION OF THE TOWNSHIP OF ORa ~ .. ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY AGREEMENT NO. 479 THIS AGREEMENT IS BETWEEN: THE aNT ARlO MUNICIPAL EMPLOYEES RETIREMENT BOARD (the "Board") AND THE CORPORATION OF THE TOWNSHIP OF ORO (the "Employer") WHEREAS this Supplementary Agreement (the "Agreement") is made 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 has determined the form and content of this Agreement, as required by the Regulation. NOW THEREFORE the Board and the Employer agree to the following: 1. Words and phrases in this Agreement and its schedules, which form part of this Agreement, have the meaning given to them in the Act and Regulation, unless the context clearly indicates a contrary intention; and (a) "Plan" is the Supplementary Plan attached as Schedule 1; and (b) "Covered Member" is a member of the System to whom the Plan applies; and (c) "Plan Contributions" are amounts paid or payable to the Fund under this Agreement by a Covered Member or the Employer to provide for the benefits of the Plan including amounts which are to be transferred to the Plan from a predecessor plan. The Board may allocate such Plan Contributions to a Supplementary Fund. 2. References to section headings in the Regulation (as quoted by words in italics) shall include all provisions covered by that section heading. 3. The benefits payable from the Fund under this Agreement in respect of a Covered Member are set out in the Plan. " 4. The Employer shall provide each Covered Member with either a written explanation of the benefits and terms and conditions of the Plan as amended from time to time, or a copy of the Plan and any amendments made from time to time. 5. The Employer shall payor cause to be paid to the Fund such Plan Contributions as determined by the Board, on the advice of the actuary, to provide the benefits under the Agreement. ~ 6. Subject to the provisions of applicable federal and provincial rules and regulations, if at any date an actuarial valuation is completed and it is determined that the value of the assets of the Plan is in excess of the amount then required to satisfy, or to provide for, all Plan liabilities with respect to the Covered Members and their beneficiaries accrued to such date, such excess may be used to reduce the Employer portion of Plan Contributions otherwise required under the Agreement or may be used or applied in such other manner as the Board and the Employer shall mutually agree. 7. Despite anything in this Agreement, the provisions of the Pension Benefits Act, Ontario, and the Income Tax Act, Canada, and regulations thereunder, as amended, shall prevail over the provisions of this Agreement. 8. The Employer and the Board shall provide each other with such information as each may require for the proper administration of this Agreement. 9. The provisions of the Act and the Regulation as amended from time to time shall, except where otherwise specifically provided for herein, apply to the provisions of this Agreement and to the Plan to the same extent and with the same effect as would be the case if the provisions of this Agreement and the Plan were set out in the Regulation. In the event there is any conflict or inconsistency between the provisions of the Act and the Regulation and the provisions of this Agreement, the provisions of the Act and Regulation shall govern. THIS AGREEMENT is entered into this / '7 -tc day of 19 FOR THE EMPLOYER: 41 /...// '-~..(/~/ . .. " " " .. " " " .." ,'. . . . ~-.'" .... (Signature~// I/' /~ f ~.~ .l.~.f. :tt'7. . .. . . . . (position) ~~~' 1 / ,/ / '"(../LA_A.-G " .~~ . v -, . .. ~fy.. . . . . . . . . . .~...k:(...<-. c:d.....-.. .J'<-' . . . . . . ignature) (position) (SEAL) FOR THE OMERS BOARD: " " .. .. .. .. .. .. .. .. .. .. .. .. " .. .. .. .. .. .. " .. .. .. .. " .. .. " .. " " .. .. .. .. .. OMERS President (SEAL) SCHEDULE "1" TO THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY AGREEMENT PART A II ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY PLAN Covered Members 1. Each member of the System employed by the Corporation of the Township of Oro (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, 1993; (c) "Optional Service" means service as defined 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 in respect of credited service established under clause 5(a) of this Plan. (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 deemed 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 (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'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.