Regulations respecting uniform contributory pension plan
163(1)The Lieutenant-Governor in Council may make regulations
(a)
respecting the establishment of a pension board which shall be responsible for administering and revising a uniform contributory pension plan for the permanent employees of municipalities and rural communities;
(b)
respecting the creation or continuation of the uniform contributory pension plan;
(c)
respecting the purpose of the uniform contributory pension plan;
(d)
respecting the pension fund of the uniform contributory pension plan;
(e)
respecting participation in the uniform contributory pension plan;
(f)
respecting termination of the uniform contributory pension plan;
(g)
respecting the duties, powers and responsibilities of the pension board;
(h)
respecting membership on the pension board;
(i)
respecting the administration of the pension board; and
(j)
respecting the guidelines for the operation and revision of the uniform contributory pension plan by the pension board.
Effect of uniform contributory pension plan
163(2)Neither a council nor a rural community council shall, after the effective date of a uniform contributory pension plan created under subsection (1), adopt a pension or superannuation plan under section 162.
163(2.1)Notwithstanding subsection (2), where a pension or superannuation plan referred to in subsection (3) is in force in a municipality immediately before the commencement of this subsection, the council of the municipality may adopt a pension or superannuation plan by by-law under section 162 to replace such plan if the provisions in the new plan comply with the
Pension Benefits Act and the benefits under the new plan are the same as or more advantageous than those under the old plan.
Certain by-laws may be retroactive
163(2.2)A by-law referred to in subsection (2.1) may be made retroactive to any date, including a date that is before the commencement of this subsection.
Establishment of pension plan for amalgamated municipalities
163(2.3)Notwithstanding subsection (2), the council of a municipality shall, within six months after the effective date of the amalgamation as set out in the Order in Council made under paragraph 19(1)(
a) provide for a pension or superannuation plan for the permanent employees of the municipality in accordance with subsection (2.4).
Establishment of pension plan for amalgamated municipalities
163(2.4)The council of a municipality shall
(a)
by by-law under section 162, continue and adopt one of the pension or superannuation plans of any of the former municipalities established by or in a municipality under section 162, under the
Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act as the pension or superannuation plan of the municipality if the provisions of the adopted plan comply with the
Pensions Benefits Act and the benefits under the adopted plan are the same as or more advantageous than those under the pension or superannuation plans of any of the former municipalities, or
(b)
designate the uniform contributory pension plan as the new pension plan of the municipality.
Establishment of pension plan for amalgamated municipalities
163(2.5)Where in the opinion of the Lieutenant-Governor in Council, a council has not taken appropriate action under subsection (2.4) in relation to a pension or superannuation plan for the permanent employees of the municipality within the six month period prescribed under subsection (2.3), the Lieutenant-Governor in Council may act in place of the council under subsection (2.4) and may do by Order in Council anything that the council is authorized to do by by-law.
Establishment of pension plan for amalgamated municipalities
163(2.6)A by-law referred to in subsection (2.4) or an Order in Council made by the Lieutenant-Governor in Council under subsection (2.5) may be made retroactive to the effective date of the incorporation, amalgamation, annexation or decrement.
Continuation of the
Municipal Employees Pension Act
163(3)Nothing in subsections (1) and (2) affects the continued operation of a pension or superannuation plan established by or in a municipality under section 162, under the
Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or under any other Act.
Agreement of Minister respecting transfer of pension plan
163(4)Where a pension or superannuation plan has been established by or in a municipality under section 162, under the
Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or under any other Act, the Lieutenant-Governor in Council may authorize the Minister to enter into an agreement with the municipality and such other persons as the Minister deems to be necessary parties thereto to provide for
(a)
the transfer to the uniform contributory pension plan created under subsection (1) of all contributions and other assets of the pension or superannuation plan of the municipality, and
(b)
the payment under the uniform contributory pension plan created under subsection (1), to any persons entitled to benefits under the pension or superannuation plan of the municipality, of benefits equal to or greater than the benefits to which such persons would have been entitled under the pension or superannuation plan of the municipality.
Discontinuance of contributions by the Minister
163(5)Where a municipality adopts a pension or superannuation plan under paragraph (2.4)(
a) or the Lieutenant-Governor in Council acts under subsection (2.5), the Minister may, if applicable, order the discontinuance of contributions made in respect of any of the former municipalities to the uniform contributory pension plan, and such discontinuance may be made retroactive to the date of the making of the by-law or the Order in Council, as the case may be.
1966, c.20, s.163; 1994, c.82, s.1; 1997, c.38, s.5; 2003, c.27, s.55; 2005, c.7, s.49; 2007, c.64, s.1