Public Service Pension Act

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Sections33

• 1Definitions

  1 (1) In this Act, “Board”, “Crown”, “employer”, “Fund”, “member”, “pension”, “pension benefit” and “Plan” have the same meaning as in section 1 of Schedule 1. (“Commission”, “Couronne”, “employeur”, “Caisse”, “participant”, “pension”, “prestation de retraite”, “Régime”) 2009, c. 33, Sched. 17, s. 11 (1). Same (2) In this Act, “Schedule 1” means Schedule 1 to the Public Service Pension Act, 1989, being chapter 73, as amended from time to time. 2009, c. 33, Sched. 17, s. 11 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 11 (1) - 15/12/2009

• 1.
• 2Application to employees

  2 Subject to subsection 13 (2) of this Act and to section 24 of Schedule 1, this Act applies to every person employed after the 31st day of December, 1989 in the service of an employer. R.S.O. 1990, c. P.48, s. 2.

• 2.
• 3Plan continued

  3 The pension plan known as the Public Service Pension Plan is continued under the name Public Service Pension Plan in English and Régime de retraite des fonctionnaires in French. R.S.O. 1990, c. P.48, s. 3.

• 3.
• 4Plan documents

  4 The terms of the Plan are those set out in Schedule 1, in this Act and in such other documents concerning the Plan as are created under this Act or Schedule 1. R.S.O. 1990, c. P.48, s. 4.

• 4.
• 5Fund continued

  5 (1) The Public Service Pension Fund is continued under the name Public Service Pension Fund in English and Caisse de retraite des fonctionnaires in French. Board to administer (2) The Plan and the Fund shall be administered by the Board in accordance with this Act and the Plan. R.S.O. 1990, c. P.48, s. 5.

• 5.
• 6Future revision of Plan

  6 (1) The Lieutenant Governor in Council by order may amend the Plan and, without restricting the generality of the foregoing, may, (a) determine the methods or assumptions to be used to calculate any pension benefit provided under the Plan; (b) rescind the Plan and replace it with another pension plan; (c) extend, modify or restrict the conditions upon which persons may become members of the Plan; (d) establish a separate pension plan or plans for any class or classes of persons who are members of the Plan, and direct the transfer from the Fund to any fund related to such separately established pension plan or plans of any amount specified to represent the value, as determined by an actuarial valuation, of the pension benefits of persons who will be members of such separately established pension plan or plans; (e) increase or prospectively reduce, eliminate or modify any pension benefit…

• 6.
• 6.0.1Supplemental pension plans

  6.0.1 (1) The Lieutenant Governor in Council by order may establish or continue separate supplemental pension plans for any classes of members of the Plan. 2009, c. 33, Sched. 17, s. 11 (3). Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an order under subsection (1). 2009, c. 33, Sched. 17, s. 11 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 11 (3) - 15/12/2009

• 6.1Winding up

  6.1 (1) The Board shall not wind up the Plan in whole or in part under subsection 68 (1) of the Pension Benefits Act or otherwise unless the Board obtains the consent of the Lieutenant Governor in Council to do so. 1996, c. 1, Sched. L, s. 1. Same (2) The Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016 shall not require the wind up of the Plan in whole or in part under subsection 69 (1) of the Pension Benefits Act. He or she shall not wind up or directly or indirectly cause the wind up of the Plan in whole or in part under any other authority. 1996, c. 1, Sched. L, s. 1; 2018, c. 8, Sched. 28, s. 2. Effective date (3) The Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016 shall not change the effective date of a wind up under subsection …

• 7.
• 7Investments authorized

  7 (1) Despite the Pension Benefits Act and regulations thereunder, the receipt and holding by the Board of debentures issued under section 7 of the Public Service Pension Act, 1989, being chapter 73, shall not be considered imprudent or unreasonable or contrary to the Pension Benefits Act and regulations thereunder, and the nature, amount and terms of the debentures may be taken into account by the Board and any committee of the Board in determining future investments of the assets of the Plan. R.S.O. 1990, c. P.48, s. 7 (1). (2) Repealed: 2009, c. 33, Sched. 17, s. 11 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 11 (4) - 15/12/2009

• 8.
• 8, 9

  8, 9 Repealed: 2009, c. 33, Sched. 17, s. 11 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 11 (5) - 15/12/2009

• 9.
• 10Repealed

  10 Repealed: 2009, c. 33, Sched. 17, s. 11 (5). Section Amendments with date in force (d/m/y) 1994, c. 17, s. 145 - 23/06/1994 2009, c. 33, Sched. 17, s. 11 (5) - 15/12/2009

• 10.
• 11Repealed

  11 Repealed: 2009, c. 33, Sched. 17, s. 11 (5). Section Amendments with date in force (d/m/y) 2006, c. 9, Sched. L, s. 1 - 31/12/2005 2009, c. 33, Sched. 17, s. 11 (5) - 15/12/2009

• 11.
• 12Payment of pensions under other Acts

  12 Every allowance, annuity, deferred annuity or other payment under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, or a predecessor Act or under the Superannuation Adjustment Benefits Act, being chapter 490 of the Revised Statutes of Ontario, 1980, or a predecessor Act, including any payment authorized to be made from the Consolidated Revenue Fund, that, before the 1st day of January, 1990, a person was receiving, was entitled to receive, or was entitled to receive with the payment thereof deferred until the year 1990 or later, shall be paid out of the Fund in accordance with the Act under which entitlement to the payment arose. R.S.O. 1990, c. P.48, s. 12.

• 12.
• 13Continued application

  13 (1) The Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, as it read on the 31st day of December, 1989, continues to apply to the computation or payment of every allowance, annuity, deferred annuity or payment to the payment of which a person has become entitled under that Act prior to that date, and continues to apply in respect of every person who, within the meaning of that Act, has ceased to be a contributor before that date and is entitled to a deferred annuity under that Act. Exception for re-employment (2) A person mentioned in subsection (1) who is re-employed in the service of the Crown or who becomes a member of the Plan, on or after the 1st day of January, 1990, for a prescribed period of time and in prescribed circumstances, terms or conditions, and who is required by, or entitled under, the Plan to contribute to the Fund in res…

• 13.
• 14Post-retirement marriage

  14 (1) A contributor as defined in the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, (a) who is being paid an allowance or annuity under that Act; (b) who has no spouse entitled to a survivor allowance under section 20 of that Act; and (c) who becomes the spouse of a person who would not be entitled on the death of the contributor to a survivor allowance under section 20 of that Act, may in writing direct the Board to pay to the person, if he or she survives the death of the contributor, a survivor allowance under section 20 of that Act for life of 50 per cent, 55 per cent, 60 per cent, 65 per cent, 70 per cent or 75 per cent of the allowance or annuity received by the contributor immediately before his or her death. R.S.O. 1990, c. P.48, s. 14 (1); 1999, c. 6, s. 57 (1); 2005, c. 5, s. 61 (1). Time limit (2) A direction mentioned in subse…

• 14.
• 15Information and Privacy Commissioner

  15 (1)-(3) Repealed: 2009, c. 33, Sched. 17, s. 11 (6). Information and Privacy Commissioner (4) The following rules apply for the purpose of determining the Information and Privacy Commissioner’s entitlements under the Plan relating to his or her service in that capacity before June 8, 1995: 1. The Commissioner is not entitled to receive a pension under the Plan for service before June 8, 1995. 2. The Commissioner is not entitled to make contributions under the Plan for service before June 8, 1995. 3. Service by the Commissioner (including service in the capacity of acting Commissioner) shall be taken into account in any determination of whether he or she is entitled to a pension for which a person’s eligibility is determined with reference to the number of years of his or her service or a combination of the person’s age and number of years of service. 1996, c. 6, s. 6; 2009, c. 33, Sch…

• 15.
• 16Ombudsman

  16 Section 15 applies, with necessary modifications, with respect to the Ombudsman. 1996, c. 6, s. 6. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 6 - 25/04/1996 ______________

• 16.