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HomeMy WebLinkAbout94-130 , .."" THE CORPORATION OF THE MDNICIPALITY OF CLARINGTON BY-LAW NUMBER 94-130 Being a By-Law to authorize Supplementary Downsizing Benefits under the Ontario Municipal Employees Retirement System (" System" ) WHEREAS by By-Law #74-38, the Corporation of the Municipality of Clarington (the "Employer") has elected to participate 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 Retirement Board for the payment of Supplementary Downsizing Benefits in respect of all or any class of the employees who are members of the System; AND WHEREAS the Corporation of the Municipality of Clarington has approved, by By-Law, the development of a downsizing programme that will include the following requirements: 1. It was introduced as a result of financial pressures or constraints; 2. It aims to reduce the financial obligations of the employer by reducing the number of employees or the number of hours worked by employees; 3. It will include early retirement guidelines and a restructuring plan which will implement downsizing and restructuring of the current organizational structure. IT IS HEREBY ENACTED that: 1. The Mayor and the Clerk are hereby authorized on behalf of the Corporation of the Municipality of Clarington to enter into a Supplementary Downsizing Agreement in the form attached hereto with the Ontario Municipal Employees Retirement Board for the payment of the Supplementary Benefits provided in the Supplementary Downsizing Plan set forth as Schedule 1 to the Supplementary Downsizing Agreement. 2. The Chief Administrative Officer and the Treasurer are hereby authorized to do such things as are necessary under the Supplementary Downsizing Agreement 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. By-Law read a first and second time this 18th day of July, 1994. By-Law read a third time and finally passed this 18th day of July, 1994. ) Clerk ~ \ \.r ONTARIO MUNICIPAL EMPWYEES RETIREMENT SYSTEM SUPPLEMENTARY DOWNSIZING AGREEMENT NO. 119600 - T7 THIS AGREEMENT IS BETWEEN: THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT BOARD (the "Board") AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Employer") WHEREAS this Supplementary Downsizing 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; AND WHEREAS the Employer has passed an enabling bylaw/resolution approved by the Board. 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 Downsizing Plan attached as Schedule 1; and (b) "Covered Member" is a member of the System to whom the Plan applies. 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. Despite anything in this Agreement, the provisions ofthe Pension Benefits Act, Ontario, and the Income Tax Act, Canada, and regulations thereunder, as amended, shall prevail over the provisions of this Agreement. 6. The Employer and the Board shall provide each other with such information as each may require for the proper administration of this Agreement. 7. 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 18th day of July 1994. FOR THE EMPLOYER: J:ilAYOR (Position) CLERK (Position) (SEAL) (' ""'''''---/- o FOR THE OMERS BOARD: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OMERS Presiden~f (SEAL) -2- SCHEDULE" I" TO THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY DOWNSIZING AGREEMENT PART A ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY DOWNSIZING PLAN Covered Members 1. Each employee who is a member of the System under the Corporation of the Municipality of Clarington (the "Employer"), excluding Fire Fighters, shall be covered under this Plan immediately on the Plan Effective Date or the date the member commences to make a contribution under the Contributions By Members provisions of the Regulation, 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 payable under this Plan. Definitions 3. Under this Plan, (a) "Agreement" means the Ontario Municipal Employees Retirement System Supplementary Downsizing Agreement of which this Plan forms Schedule 1, Part A; (b) "Capital Cost" means the amount required to provide any benefit payable under this Plan as determined by the Board, on the advice of the actuary; (c) "Plan Effective Date" means July 1, 1994, and the Plan shall remain in effect until March 31, 1996. Contributions 4. The Employer shall pay to the Fund, the Capital Cost of any benefit payable under this Plan in the amount and upon such terms as the Board may require by written notice and the Board shall then assume full liability for the payment of such benefit. Payments which are not received by such date will be subject to an additional interest charge determined by the Board in accordance with the Duties Of The Employer provisions of the Regulation. .; ., '.", Entitlement 5. An immediate early retirement pension shall be payable to a Covered Member under this Plan only if: (a) the early retirement occurs within the 10 year period before normal retirement age; and (b) the Employer has approved the early retirement penSIOn under an approved downsizing programme. Pension Benefit 6, The early retirement pension payable to a Covered Member under this Plan shall be an amount equal to the difference between the amount of early retirement pension which is payable to the member under the Early Retirement Pensions provisions of the Regulation, and: (a) the annual amount of pension calculated in the manner prescribed in the Normal Retirement Pensions provisions of the Regulation, provided that the Covered Member has attained 60 years of age; or (b) the annual amount of pension calculated in the manner prescribed in the Normal Retirement Pensions provisions of the Regulation, provided that the Covered Member's age, counted in full years and months, plus credited service and eligible service, counted in full years and months, equals at least 80. -2- ,'. ". .' SCHEDULE "I" TO THE ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY DOWNSIZING AGREEMENT PART B ONTARIO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM SUPPLEMENTARY DOWNSIZING PLAN Covered Members 1. Each employee who is a member of the System under the Corporation of the Municipality of Clarington (the "Employer") and is a Fire Fighter shall be covered under this Plan immediately on the Plan Effective Date or the date the member commences to make a contribution under the Contributions By Members provisions of the Regulation, 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 payable under this Plan. Definitions 3. Under this Plan, (a) "Agreement" means the Ontario Municipal Employees Retirement System Supplementary Downsizing Agreement of which this Plan forms Schedule 1, Part B; (b) "Capital Cost" means the amount required to provide any benefit payable under this Plan as determined by the Board, on the advice of the actuary; (c) "Plan Effective Date" means July 1, 1994, and the Plan shall remain in effect until March 31, 1996. Contributions 4. The Employer shall pay to the Fund, the Capital Cost of any benefit payable under this Plan in the amount and upon such terms as the Board may require by written notice and the Board shall then assume full liability for the payment of such benefit. Payments which are not received by such date will be subject to an additional interest charge determined by the Board in accordance with the Duties Of The Employer provisions of the Regulation. .... ." .~ ~. ." Entitlement 5. An immediate early retirement pension shall be payable to a Covered Member under this Plan only if: (a) the early retirement occurs within the 10 year period before normal retirement age; and (b) the Employer has approved the early retirement pension under an approved downsizing programme. Pension Benefit 6. The early retirement pension payable to a Covered Member under this Plan shall be an amount equal to the difference between the amount of early retirement pension which is payable to the member under the Early Retirement Pensions provisions of the Regulation, and the annual amount of pension calculated in the manner prescribed in the Normal Retirement Pensions provisions of the Regulation, provided that the Covered Member's age, counted in full years and months, plus credited service and eligible service, counted in full years and months, equals at least 75. - 2 - Statement of Purpose =>Iease coniplete this form and return it to OMERS with your Request for a Type 7 Supplementary Agreement. ~. Employer Identification Name of Employer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Group Number 119600 II Contact Name Phone Number II (905) 623-3379 JACKELYN FORSEY 1. Statement of Purpose }Iease initial one of the two following ~tatements. J We are entering into a Type 7 Downsizing Agreement in order to help meet our Social Contract obligations. The compensation and related savings realized will be applied to our Social Contract reduction targets. ] The Type 7 Downsizing Benefits we have applied for are not designed to help us meet our Social Contract obligations. We understand that we are required to pay the whole cost of the benefits, and that the cost may be amortized over 180 months. :. Signature 'lease sig~ and date the form. ::JZIL .; r d / .I Clef f- Oate/ --- ,,--IULY I ,b) It ;tfc;'-i ate ME/BEN 004 Working together for your retirement Ontario Municipal Employees Retirement Board One University Avenue, Suite 1000. Toronto, Ontario M5J 2P1 Tel: (416) 369'2400. toll-free in Ontafio (800) 387-{)813, Fax: (416) 360-{)217 > . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 94-130 Being a By-Law to authorize Supplementary Downsizing Benefits under the Ontario Municipal Employees Retirement System (" System" ) WHEREAS by By-Law #74-38, the Corporation of the Municipality of Clarington (the "Employer") has elected to participate 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.D. 1990, c.O.29, as amended, an employer who has elected to participate in the System may enter into an agreement with the Ontario Municipal Employees Retirement Board for the payment of Supplementary Downsizing Benefits in respect of all or any class of the employees who are members of the System; AND WHEREAS the Corporation of the Municipality of Clarington has approved, by By-Law, the development of a downsizing programme that will include t~e following requirements: 1. It was introduced as a result of financial pressures or constraints; 2. It aims to reduce the financial obligations of the employer by reducing the number of employees or the number of hours worked by employees; 3. It will include early retirement guidelines and a restructuring plan which will implement downsizing and restructuring of the current organizational structure. 1. IT IS HEREBY ENACTED that: O.M.E.R.~ . REVIEWED BY A, iJh,ofOYl 3. The Mayor and the Clerk are hereby authorized on behalf of the Corporation of the Municipality of Clarington to enter into a Supplementary Downsizing Agreement in the form attached hereto with the Ontario Municipal Employees Retirement Board for the payment of the Supplementary Benefits provided in the Supplementary Downsizing Plan set forth as Schedule 1 to the Supplementary Downsizing Agreement. The Chief Administrative Officer and the Treasurer are hereby authorized to do such things as are necessary under the Supplementary Downsizing Agreement and to carry out the intent of the By-Law. A certified copy of' this By-Law shall be filed with the President of the Ontario Municipal Employees Retirement Board. This By-Law shall come into force on the day of its passing. By-Law read a first and second time this 18th day of July, 1994. By-Law read a third time and finally passed this lath day of July, 1994. ~:J Clerk