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Order in Council 2237/2017

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas The Ontario Educational Communications Authority established under the Ontario Educational Communications Authority Act is also known as, and shall be hereinafter referred to as TVO ;

And

Whereas TVO has requested to be designated as a participating employer in the Public Service Pension Plan ( PSPP ) set out in

Schedule 1, as amended, under the Public Service Pension Act and in the Public Service Supplementary Benefits Account that has been continued under Order in Council 3044/98 as amended by Order in Council 1905/2009 and as may be further amended from time to time ( PSSBA );

And

Whereas, pursuant to a separate Order in Council, the Lieutenant Governor in Council is designating the employees of TVO , which is a public body and an agent of the Crown, as classes of employees who are either required or eligible to join the PSPP effective January 1, 2018;

And

Whereas certain classes of TVO employees currently participate in The Ontario Educational Communications Authority Retirement Plan, amended and restated as at July 1, 2012, registration number 0367532, (“Staff Plan”);

And

Whereas TVO employees who have been designated by the TVO Board as Executives currently participate in The Ontario Educational Communications Authority Executive Pension Plan, amended and restated as at July 1, 2012, registration number 0403048, (“Executive Plan”);

And

Whereas the Lieutenant Governor in Council considers it reasonable and appropriate for the assets and liabilities relating to the provision of defined benefits in the Staff Plan and Executive Plan in respect of pension credit accrued by TVO employees and former employees prior to January 1, 2018 to be transferred into the PSPP pursuant to

Section 81 of the Pension Benefits Act effective January 1, 2018;

And

Whereas the Lieutenant Governor in Council considers it reasonable and appropriate to facilitate the purchase of credit in the PSPP for periods of service in the Staff Plan accrued by TVO employees and former employees prior to January 1, 2018 that do not relate to the provision of defined benefits and for periods of employment of TVO employees and former employees prior to January 1, 2018, and also to provide for other transition provisions in relation to former TVO employees;

Now therefore pursuant to subsection 6(1) of the Public Service Pension Act, the Public Service Pension Plan set out in

Schedule 1 under that Act, as amended, is further amended, as follows:

Subsection 11(6) of the Plan is amended by deleting the reference to “ Sections 36 or 36.1” wherever it appears and replacing it with a reference to “Sections, 36, 36.1 or 36.3”.

Subsections 13(14), (15) and (16) of the Plan are amended by deleting the references to “ subsection 11(2) or (5) or

section 36” in each of those subsections and replacing them with a reference to “subsection 11(2) or (5),

section 36 or

section 36.3”.

The Plan is amended by adding a new

Section 36.3 immediately following

Section 36.2.

Transfer from TVO Pension Plans to PSPP

36.3

Following the designation of certain classes of the Ontario Educational Communications Authority ( TVO ) employees as persons who are either required or eligible to be members in the Plan effective January 1, 2018, and in accordance with

Section 81 of the Pension Benefits Act, the Board may enter into one or more written agreements with TVO providing for the transfer to the Plan of the assets and liabilities in the TVO Pension Plans in relation to the provision of defined benefits for employee service prior to January 1, 2018 for members, former members and retired members of the TVO Pension Plans as well as other persons who are entitled to payments under those plans.

Transfer of assets

If the Board enters into the transfer agreement described in subsection (1), the Board shall comply with all applicable requirements under the Pension Benefits Act in order to transfer the assets from the TVO Pension Plans into the Plan.

ITA Limits

The transfer of assets and liabilities under this

section is subject to the limitations set out in the Income Tax Act and Regulations.

Other service

TVO employees who are members of the Staff Plan on December 31, 2017 and who have service that accrued in the Staff Plan prior to January 1, 2018 that is not in relation to the provision of defined benefits and who become members of the Plan on or after January 1, 2018 may purchase credit in the Plan in respect of such prior service by paying into the Fund the amount set out in subsection 11(2).

TVO employees who are or were members of one or more of the TVO Pension Plans on or before December 31, 2017 and have one or more periods of employment with TVO prior to December 31, 2017 for which they do not have credit in one or more of the TVO Pension Plans, and who become members of the Plan on or after January 1, 2018, may purchase credit in the Plan in respect of that period or periods of prior employment by paying into the Fund the amount set out in subsection 11(2).

Transition – Deferred TVO Pension Plan Members and Retirees

For the persons described in subsection (6), all conditions, terms and rules that applied and options that were available for the payment, eligibility and entitlement to a pension or other payment under the TVO Pension Plans as of December 31, 2017 shall apply to the payment, entitlement and eligibility to the pension or other payment provided under this Section.

TVO Pension Plans Defined

In this section, “ TVO Pension Plans” means The Ontario Educational Communications Authority Retirement Plan, amended and restated as at July 1, 2012, registration number 0367532, (“Staff Plan”), and The Ontario Educational Communications Authority Executive Pension Plan, amended and restated as at July 1, 2012, registration number 0403048 (“Executive Plan”).

Treasury Board Secretariat

Approved and Ordered:

November 15, 2017

Updated: November 04, 2022

Published: November 29, 2017