Acts and Regulations

2017, c.18 - Local Governance Act

Section 188
Disposition versions

Full text
Regulations relating to pensions
188(1)The Lieutenant-Governor in Council may make regulations
(a) governing the establishment of a pension board which shall be responsible for administering and revising a uniform contributory pension plan for the permanent employees of local governments;
(b) governing the creation or continuation of the uniform contributory pension plan;
(c) governing the purpose of the uniform contributory pension plan;
(d) governing the pension fund of the uniform contributory pension plan;
(e) governing participation in the uniform contributory pension plan;
(f) governing termination of the uniform contributory pension plan;
(g) governing the duties, powers and responsibilities of the pension board;
(h) governing membership on the pension board;
(i) governing the administration of the pension board; and
(j) governing the guidelines for the operation and revision of the uniform contributory pension plan by the pension board.
188(2)Nothing in this section affects the continued operation of a pension or superannuation plan established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, under the Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act.
188(3)If a pension or superannuation plan referred to in subsection (2) was in force in a local government immediately before the commencement of this subsection the council may make a by-law adopting a pension or superannuation plan to replace the 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.
188(4)A by-law referred to in subsection (3) may be made retroactive to any date.
188(5)A council shall, within six months after the effective date of an amalgamation as set out in the regulation effecting the amalgamation, provide for a pension or superannuation plan for the permanent employees of the local government in accordance with subsection (6).
188(6)A council shall
(a) make a by-law continuing and adopting one of the pension or superannuation plans of any of the former local governments established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, 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 local government 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 local governments, or
(b) designate the uniform contributory pension plan as the new pension plan of the local government.
188(7)If, in the opinion of the Lieutenant-Governor in Council, a council has not taken appropriate action under subsection (6) in relation to a pension or superannuation plan for the permanent employees of the local government within the six-month period prescribed under subsection (5), the Lieutenant-Governor in Council may act in place of the council under subsection (6) and may do by regulation anything that the council is authorized to do by by-law.
188(8)A by-law referred to in subsection (6) or a regulation made by the Lieutenant-Governor in Council under subsection (7) may be made retroactive to the effective date of the amalgamation.
188(9)If a pension or superannuation plan has been established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, under the Municipal Employees Pensions 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 local government and any other person that the Minister considers to be necessary parties 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 local government, 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 local government, of benefits equal to or greater than the benefits to which those persons would have been entitled under the pension or superannuation plan of the local government.
188(10)If a local government adopts a pension or superannuation plan under paragraph (6)(a) or the Lieutenant-Governor in Council acts under subsection (7), the Minister may, if applicable, order the discontinuance of contributions made in respect of any of the former local governments to the uniform contributory pension plan, and the discontinuance may be made retroactive to the date of the making of the by-law or the regulation, as the case may be.
Regulations relating to pensions
188(1)The Lieutenant-Governor in Council may make regulations
(a) governing the establishment of a pension board which shall be responsible for administering and revising a uniform contributory pension plan for the permanent employees of local governments;
(b) governing the creation or continuation of the uniform contributory pension plan;
(c) governing the purpose of the uniform contributory pension plan;
(d) governing the pension fund of the uniform contributory pension plan;
(e) governing participation in the uniform contributory pension plan;
(f) governing termination of the uniform contributory pension plan;
(g) governing the duties, powers and responsibilities of the pension board;
(h) governing membership on the pension board;
(i) governing the administration of the pension board; and
(j) governing the guidelines for the operation and revision of the uniform contributory pension plan by the pension board.
188(2)Nothing in this section affects the continued operation of a pension or superannuation plan established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, under the Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act.
188(3)If a pension or superannuation plan referred to in subsection (2) was in force in a local government immediately before the commencement of this subsection the council may make a by-law adopting a pension or superannuation plan to replace the 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.
188(4)A by-law referred to in subsection (3) may be made retroactive to any date.
188(5)A council shall, within six months after the effective date of an amalgamation as set out in the regulation effecting the amalgamation, provide for a pension or superannuation plan for the permanent employees of the local government in accordance with subsection (6).
188(6)A council shall
(a) make a by-law continuing and adopting one of the pension or superannuation plans of any of the former local governments established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, 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 local government 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 local governments, or
(b) designate the uniform contributory pension plan as the new pension plan of the local government.
188(7)If, in the opinion of the Lieutenant-Governor in Council, a council has not taken appropriate action under subsection (6) in relation to a pension or superannuation plan for the permanent employees of the local government within the six-month period prescribed under subsection (5), the Lieutenant-Governor in Council may act in place of the council under subsection (6) and may do by regulation anything that the council is authorized to do by by-law.
188(8)A by-law referred to in subsection (6) or a regulation made by the Lieutenant-Governor in Council under subsection (7) may be made retroactive to the effective date of the amalgamation.
188(9)If a pension or superannuation plan has been established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, under the Municipal Employees Pensions 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 local government and any other person that the Minister considers to be necessary parties 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 local government, 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 local government, of benefits equal to or greater than the benefits to which those persons would have been entitled under the pension or superannuation plan of the local government.
188(10)If a local government adopts a pension or superannuation plan under paragraph (6)(a) or the Lieutenant-Governor in Council acts under subsection (7), the Minister may, if applicable, order the discontinuance of contributions made in respect of any of the former local governments to the uniform contributory pension plan, and the discontinuance may be made retroactive to the date of the making of the by-law or the regulation, as the case may be.