That this General Synod approve the amendments to Canon IX as approved by the Council of General Synod. Attached is the Canon and the amended section is shown in bold. CARRIED WITHOUT DEBATE Act 40
Note: Canon IX is attached as Appendix B.
[In the electronic database bold type is indicated by pointed brackets i.e. ].)
LAY RETIREMENT PLAN
1. The Lay Retirement Plan is established to provide Pensions for lay employees of the Church who are not members of the General Synod Pension Plan.
2. There shall be a fund established in conjunction with the Plan under a written trust agreement in Canada, which fund shall be designated as "The Lay Retirement Fund", for the purpose of providing benefits in accordance with this Canon and the Regulations. The Lay Retirement Fund shall be composed of the monies received from the Participating Employers and Members, transfers and other amounts for provision of Plan benefits together with interest, dividends, earnings, accumulations and accretions, less the amounts expended in the payment of Plan benefits and the expenses of administration of the Plan and the Lay Retirement Fund.
That this General Synod approve the amendments to Canon VIII as approved by the Council of General Synod. Attached is the Canon and the amended section is shown in bold. CARRIED WITHOUT DEBATE Act 39
Note: Canon VIII is attached as Appendix A.
[In the electronic database bold type is indicated by pointed brackets i.e. ].
GENERAL SYNOD PENSION AND INCOME CONTINUANCE PLANS
1. a) This Canon shall be interpreted in its plain and literal sense, provided always that words of an ecclesiastical meaning shall have their proper ecclesiastical meanings; and words of a financial meaning shall be construed in their special context, as shall other words having any technical meaning.
b) Without restricting the generality of the foregoing, in this Canon and in all Regulations made thereunder:
i) "Actuary" means a Fellow of the Canadian Institute of Actuaries or a firm employing one or more such persons;
ii) "Administrator" means the Trustees;
iii) "Bishop" means the Bishop of any Diocese of the Anglican Church of Canada and any co-adjutor, suffragan or assistant Bishop;
iv) "Church" means the Anglican Church of Canada or any other body in the Anglican Communion, which by agreement with the Pension Committee has been accepted as a participant in the Plan with respect to pension provision for its clergy and/or lay employees;
v) "Council of General Synod" means the Council of the General Synod;
vi) "Diocese" means any Diocese of the Church;
vii) "Director" means the Director of Pensions appointed pursuant to section 6 b) of this Canon;
viii) "Funds" means the Pension Fund and the Long Term Disability Fund;
ix) "General Synod" means the General Synod of the Anglican Church of Canada;
x) "Long Term Disability Fund" means the fund described in Section 2 d) of this Canon;
xi) "Long Term Disability Plan" means the General Synod Long Term Disability Plan as governed by this Canon and the Long Term Disability Regulations;
xii) "Long Term Disability Regulations" means the Regulations made under section 4 b) of this Canon with respect to the Long Term Disability Plan;
xiii) "Member" means any person who has become a Member of the Plan in accordance with the Regulations and who has an entitlement to, or is in receipt of, a benefit from the Plan;
xiv) "Parish" means any charge, mission or congregation in a Diocese;
xv) "Participating Employer" means the General Synod, any Provincial or Diocesan Synod, Parish or organization admitted to participation in the Plans pursuant to section 4 c) of this Canon;
xvi) "Pension Committee" means the committee constituted under section 3 of this Canon:
xvii) "Pension Fund" means the fund described in section 2 b) of this Canon;
xviii) "Pension Plan" means the General Synod Pension Plan as governed by this Canon and the Pension Regulations;
xix) "Pension Regulations" means the Regulations made under section 4 b) of this Canon with respect to the Pension Plan;
xx) "Plans" means the Pension Plan and the Long Term Disability Plan;
xxi) "Regulations" means the Pension Regulations and the Long Term Disability Regulations;
xxii) "Trustees" means the Board of Trustees established pursuant to Section 5 of this Canon and "Trustee" means a member of the Board of Trustees.
2. a) The Plans are established to provide income in the form of pensions and ancillary benefits to the Members who have retired or who are unable to work by reason of disability.
b) There shall be a fund established in conjunction with the Pension Plan under a written trust agreement in Canada, which fund shall be designated as "The Pension Fund of the Anglican Church of Canada", for the purpose of providing benefits in accordance with this Canon and the Pension Regulations.
c) The Pension Fund shall be composed of the following parts:
i) The Ordinary Fund, being the monies received by way of contributions, transfers and other amounts for provision of Pension Plan benefits together with interest, dividends, earnings, accumulations and accretions, less the amounts expended in the payment of Pension Plan benefits and the expenses of administration of the Pension Plan and the Pension Fund;
ii) The Endowment Fund, being the amounts received by way of gift, donation, or bequest, which may be disbursed at the discretion of the Pension Committee as an augmentation, either general or particular, to the Pension Plan benefits; and
iii) The Special Endowment Fund, being the amounts received by way of gift, donation, or bequest, the terms of which are restricted by donors or trusts.
The Endowment Fund, including the Special Endowment Fund, shall be maintained as a charitable organization within the meaning of the Income Tax Act (Canada).
d) There shall be a fund established in conjunction with the Long Term Disability Plan under a written trust agreement in Canada, which fund shall be designated as "The Long Term Disability Fund of the Anglican Church of Canada", for the purpose of providing benefits in accordance with this Canon and the Long Term Disability Regulations.
The Long Term Disability Fund shall consist of the monies received by way of contributions, transfers, and other amounts for provision of Long Term Disability Plan benefits together with interest, dividends, earnings, accumulations and accretions, less the amounts expended in the payment of Long Term Disability Plan benefits and the expenses of the administration of the Long Term Disability Plan and the Long Term Disability Fund.
3. a) The Pension Committee shall consist of the following members:
i) The Primate of the Anglican Church of Canada;
ii) The Prolocutor of the General Synod;
iii) The General Secretary of the General Synod;
iv) The Treasurer of the General Synod;
v) The Director of Pensions;
vi) Two Bishops, two clerical and two lay persons elected by the General Synod from among its members;
vii) The members of the Board of Trustees; and
viii) Not more than five additional persons appointed by the aforesaid members.
b) Vacancies among the elected members of the Pension Committee occurring between sessions of the General Synod shall be filled by appointment by the Primate in the case of Bishops, and by the Prolocutor in the case of clerical and lay members, and by the Pension Committee in the case of appointed members and these appointments shall be for the unexpired term of the former member.
c) A majority of the Pension Committee shall constitute a quorum.
d) As soon as possible after the General Synod elections, the elected and ex-officio members and continuing Trustees who are present at General Synod shall meet to appoint the remaining members of the Pension Committee.
e) Notwithstanding Section 41 k) of the Constitution, at the first meeting, the ex-officio, elected and appointed members shall elect one of their number as chairperson and may elect another as vice-chairperson.
4. The powers, authority and duties of the Pension Committee shall be:
a) To appoint:
i) The Board of Trustees pursuant to section 5 of this Canon; and
ii) The Central Advisory Group pursuant to section 12 of this Canon;
b) To make and amend Regulations establishing the terms of the Plan and providing for the administration thereof, subject to the approval of the Council of General Synod. These Regulations shall become effective from the date of approval by the Council of General Synod and shall remain in effect until the next session of the General Synod at which time they will cease to be in effect unless confirmed by the General Synod;
c) To accept and admit as a Participating Employer, the General Synod, any Provincial or Diocesan Synod, any Diocese, Parish or other organization in the Church, on mutually agreeable terms and subject to this Canon and the Regulations;
d) To consider questions and appeals under this Canon and the Regulations and take appropriate actions;
f) To inaugurate and participate in such insurance and other plans as may be authorized by the General Synod or the Council of General Synod; including, but not limited to, income protection benefits, life, health and dental benefits.
g) To make an annual report, including audited financial statements of the Pension Fund, to the General Synod or the Council of General Synod; and
h) To make an annual report to the General Synod or the Council of General Synod as to the operation of the Long Term Disability Fund, including where available, Auditors' and/or Actuaries' reports on the operation of that Fund and the Long Term Disability Plan.
5. a) The Board of Trustees shall consist of not less than six and not more than eight persons, who shall be individuals resident in Canada, provided that at least half of the Trustees are representatives of the Members. These representatives are not required to be Members.
b) Trustees shall be appointed for an initial term not to exceed three years and a member shall be eligible for appointment for an additional three year term after which the eligibility for appointment lapses for one year.
c) All terms shall end on May 31 in the year specified by the Pension Committee.
d) The Pension Committee may revoke an appointment of a Trustee at any time.
e) In the event of a vacancy occurring in the Board of Trustees by resignation, death or revocation, an appointment to fill a vacancy shall be to complete the unexpired term of the former Trustee in accordance with the provisions of this Canon. This appointment shall not be a barrier to a subsequent appointment under the provisions of section 5 a) of this Canon.
f) Any three Trustees shall constitute a quorum. The Chairperson of the Board of Trustees is a non-voting member except that the Chairperson shall have the right to cast a tie-breaking vote.
6. The powers, authority and duties of the Trustees shall be:
a) To administer the system of contributions and pensions established under the Pension Regulations. The general principle to be observed shall be the maintenance of a proper actuarial relationship between the contributions made, levied and collected and the several benefits proposed to be paid;
b) To administer the system of contributions and benefits established under the Long Term Disability Regulations. The general principle to be observed shall be the maintenance of a rate of contribution, paid entirely by Members, adequate to support the benefits and the establishment of appropriate amounts reserved or retained in respect of claims, whether or not known to the Trustees;
c) After consultation with the Primate, to present to the Council of General Synod the nominee for appointment by the Council as the Director of Pensions who, upon appointment, shall also serve the Trustees as the chief administrative officer of the Plans.
d) To employ one or more agents, including a person who may be a Trustee, to carry out any act required in the administration of the Plans and in the administration and investment of the Pension Funds, where it is reasonable and prudent in the circumstances so to do;
e) To define the duties of the Director and such officers as they deem necessary for the purpose of administering this Canon and the Regulations;
f) To appoint investment advisors, actuaries, auditors, lawyers, accountants and other persons and to pay out of the Pension Funds, their reasonable expenses and compensation and to rely and act on information and advice furnished by such persons, or to refrain from acting thereon;
g) To negotiate, maintain, revise and review pension agreements with Dioceses and any other employers which are not Participating Employers on mutually agreeable terms subject to this Canon and the Regulations;
h) To receive, hold and administer all funds contributed to them in respect of the Pension Plan as a separate trust fund, and in accordance with the following terms:
i) The Trustees shall receive all contributions paid to them under the Pension Plan, together with bequests and donations, to or for the purpose of the Pension Fund, in cash or other property acceptable to them.
ii) The Trustees shall invest or cause to be invested, to the best advantage of the Pension Fund, all assets under their jurisdiction, provided that these investments shall, at all times, conform in all respects with regulations established under any applicable federal and/or provincial legislation.
iii) The Trustees shall review and authorize the payment from the Pension Fund of all the benefits payable under the terms of the Pension Plan.
iv) The actions of the Trustees shall at all times be construed and enforced according to the laws of Ontario.
v) The Trustees may not lend any portion of the Pension Fund to any Member or to any contributor to the Pension Plan.
vi) If not prohibited by pension benefits legislation and the regulations, policies and administrative practices of the applicable federal and provincial regulatory authorities as may from time to time apply to the Pension Plan, the Trustees may borrow money against the assets of the Pension Fund, on such terms as the Trustees may determine, but only if this borrowing is required for the payment of benefits under the Pension Plan, and provided that the borrowing is on a short-term basis in order to prevent the distress sale of long-term investments.
i) To receive, hold and administer all funds contributed to them with respect to the Long Term Disability Plan as a separate trust fund, and in accordance with the following terms:
i) The Trustees shall receive all contributions paid to them under the Long Term Disability Fund, in cash or other property acceptable to them.
ii) The Trustees shall invest or cause to be invested, to the best advantage of the Long Term Disability Fund, all assets under their jurisdiction, having regard to the nature and timing of expected calls upon such a Fund.
iii) The Trustees shall review and authorize the payment from the Long Term Disability Fund of all the benefits payable under the terms of the Long Term Disability Plan.
7. The Trustees shall report, in writing, to the Pension Committee annually or as requested, as to the administration and the financial status of the Plans and the administration and investment of the Pension Funds.
8. Neither the Trustees as a body nor any individual Trustee shall be liable for any honest error of judgment, nor be personally liable for any liability or debt of the Pension Funds contracted or incurred, nor for the non-fulfillment of any contract, nor for any other liability arising in connection with the administration of the Plans and the administration and the investment of the Pension Funds; provided, however, that nothing herein shall exempt the Trustees or any Trustee from any liability, obligation or debt arising out of acts or omissions done or suffered in bad faith or through gross negligence or wilful misconduct. Neither the Trustees nor any Trustee shall be liable for any action taken upon reliance on any instrument, certificate or paper believed by the Trustees to be genuine and to be signed or presented by the proper person or persons and shall be under no duty to make investigations nor inquiry as to any statement contained in any such document but may accept the same as conclusive evidence of the truth and accuracy of the statements therein contained. The Trustees may obtain trustees' and fiduciaries' liability insurance and pay the premium for such insurance out of the Pension Fund.
9. Notwithstanding any other provisions of this Canon, or any other Canon, or of any regulation, it is understood that the Trustees in the management of the Pension Fund shall not at any time act inconsistently with any regulations established by the Minister of National Revenue, under the authority of the Income Tax Act (Canada), the regulations under the Pension Benefits Act, R.S.O. 1990, or any other laws which are applicable to this trust, either before or after the execution of this Canon, in respect of approved or registered pension plans.
10. No part of the Pension Fund, other than such part as is required to pay taxes, fees, administration costs, and other reasonable expenses, shall be used or diverted to purposes other than for the exclusive benefit of the Members, their beneficiaries or estates.
11. The Trustees shall enter into a trust agreement with the General Synod consistent with this Canon.
12. a) Members of the Central Advisory Group shall be appointed by the Pension Committee from among its members or otherwise as may be deemed advisable.
b) The powers, authority and duties of the Central Advisory Group shall be:
i) To advise the Pension Committee, the Trustees and the Director on matters relating to the Plan; and
ii) To carry out any other functions as may be delegated to it by the Trustees and/or the Pension Committee.
13. If any provision of this Canon or the Regulations conflicts with a relevant law enacted by the Parliament of Canada or the Legislature of a province or territory, such law shall prevail and until the Canon or Regulations are amended to conform to the law, the Plans and Funds shall be administered as if the provisions of the law were incorporated in this Canon and the Regulations.
Notwithstanding any other provisions of this Canon or the Regulations, should the Parliament of Canada or the Legislature of any province or territory pass any law which is at variance with this Canon or the Regulations with respect to those Members to whom this law applies, this law shall take precedence and until such time as amendments may be prepared and canonically approved, the relevant requirements of this law shall apply to this Canon and the Regulations, and the Plan and the Pension Fund shall be administered as if the requirements of this law were incorporated into this Canon and the Regulations.
14. Save as proposed by the Pension Committee, no amendment to this Canon or the Regulations relating to increased benefits shall be voted upon, or enacted by the General Synod or the Council of General Synod unless eight months' notice thereof shall have been given to the Pension Committee and no motion to amend this Canon or the Pension Regulations shall be considered unless the Trustees certify that the funds to implement such amendment are available in the Pension Fund or, in the alternative, some other source of the funds is specified in the motion. Notwithstanding the foregoing, the Council of General Synod may approve improvements in benefits proposed by the Pension Committee upon the advice of an Actuary that there are sufficient monies in the Pension Fund to provide for such improved benefits.
15. Save as proposed by the Pension Committee, no amendment to this Canon or the Long Term Disability Regulations relating to increased benefits under the Long Term Disability Plan shall be voted upon, or enacted by the General Synod or the Council of General Synod unless eight months' notice thereof shall have been given to the Pension Committee and no motion to amend this Canon or the Long Term Disability Regulations shall be considered unless the Trustees certify that the funds to implement such amendment are available in the Long Term Disability Fund or, in the alternative, some other source of the funds is specified in the motion.
That this General Synod approve the amendments to the Long Term Disability Plan Document. Attached is the Plan Document and the amended sections are shown in bold. CARRIED WITHOUT DEBATE Act 47
Note: The Long Term Disability Plan is attached as Appendix C.
[In the electronic database bold type is indicated by pointed brackets i.e. ].)
LONG TERM DISABILITY PLAN
Except as otherwise indicated, the words and phrases used in this document have the following meanings:
A.1 Actively at Work, Active Work
An Employee is Actively at Work if actually working at his or her usual place of employment, or any other location as required by the Employer. The Employee must be physically and mentally fit to perform the essential duties of his or her normal occupation, or other work that the Employer may temporarily assign. Such an Employee is considered to be Actively at Work on weekends, vacations and statutory holidays.
A Fellow of the Canadian Institute of Actuaries.
Amounts payable under this Plan or a Previous Plan.
The Anglican Church of Canada
A.6 Coverage, Covered
Protection under this Plan.
A state of incapacity due to Disability.
Injury or Illness that prevents the Employee from performing the usual and customary duties of his or her occupation.
A.9 Effective Date
The Effective Date of this Plan, which is January 1, 1994.
A.10 Eligible Employee
A person employed by a Participating Employer who is below the age of 65 and who is either:
(a) a member of the General Synod Pension Plan or the Lay Retirement Plan of the Anglican Church of Canada; or
(b) eligible to be a member of the General Synod Pension Plan of the Anglican Church of Canada, but has been exempted from membership in accordance with the provisions of that plan, provided that Coverage commences within 30 days following the person becoming eligible for Coverage.
A.11 Elimination Period
The Elimination Period begins on the Employee's first day of Disability and lasts for 119 days without interruption.
An Eligible Employee who is Covered under the Plan.
A Participating Employer who employs a particular Employee.
The fund maintained in accordance with Section F of the Plan.
Disease or illness, including mental illness, or a medical condition resulting from pregnancy
A.17 Initial Assessment Period
The period during which an Employee undertaking rehabilitative employment is assessed for the physical and mental capability to undertake the duties of his or her former or a new occupation. The duration of the initial Assessment Period will be determined by the Administrator before the Employee begins rehabilitative employment, and may be extended or shortened at the discretion of the Administrator.
An accidental injury which causes Total Disability within 90 days after the date the injury is sustained.
A.19 Leave of Absence, approved Leave of Absence
An arrangement registered with the Administrator whereby a Participating Employer and Employee agree that the Employee will be absent from Active Work for a specific period of time which is not a casual absence or vacation, and where it is anticipated that the Employee will return to Active work with the Participating Employer on a specified date when the Leave of Absence ends. The following are the types of leave of absence and the maximum period of time for which Coverage may be maintained:
(a) maternity/paternity leave: 12 months
(b) study leave: 12 months
(c) lay-off: 6 months
A.20 Mental Illness
An Illness where the Employee is receiving continuous treatment from a Physician who is certified to practice as a Psychiatrist.
A.21 No-evidence Limit
The amount of Benefit for which an Employee has Coverage which is not subject to the provision of medical evidence of good health, in accordance with the Benefit Schedule.
A.22 Participating Employer
The General Synod of the Church and all dioceses, parishes and organizations of the Church which participate in the Plan.
A.23 Pension Committee
The Pension Committee of the Church
A Doctor of Medicine (M.D.), duly licensed to practise medicine, or any other practitioner licensed by the College of Physicians and Surgeons of one of the Provinces of Canada or the equivalent licensing body of the country where the Employee is living, and who is practising within the scope of this or her license.
This Long Term Disability Plan effective January 1, 1994.
A.26 Plan Anniversary
August 1, 1998 and August of each subsequent year.
A.27 Plan Benefit(s)
A.28 Plan Year
The period from the Effective Date to September 30, 1994 and any subsequent period of 12 months beginning on a Plan Anniversary.
A.29 Premium Payment
Any payment made by an Employee for provision of Coverage under this Plan.
A.30 Previous Plan
The Long-Term Disability Plan administered for the Church by the North American Life Assurance Company under contract number NG 01003662.
A.31 Rehabilitation Program
A Rehabilitation Program is any training program or work-related activity that:
(a) is intended to help an Employee to return to the duties of his or her own occupation or any other paid employment, and
(b) is recommended or approved by the Administrator.
A.33 Total Disability or Totally Disabled
An Employee is considered Totally Disabled if unable to perform the usual and customary duties of his or her own occupation during the Elimination Period and the subsequent twenty-four months as a result of Injury or Illness. After this, an Employee is considered Totally Disabled only if unable to perform the duties of any occupation for which he or she is fitted by education, training or experience.
The Employee must be under the regular care of a Physician during the period of Disability. From time to time, the Employee may be requested by the Administrator to undergo an independent medical examination by a Physician designated by the Administrator to establish proof of continued Disability.
TERMS AND CONDITIONS OF COVERAGE
B.1 Eligibility requirements
B.1.1 An Eligible Employee with coverage under the Previous Plan is automatically Covered under this Plan on the Effective Date provided he or she is Actively at Work on the Effective Date.
B.1.2 An Eligible Employee whose employment begins on or after the Effective Date or who is not Actively at Work on the Effective Date is automatically Covered under this Plan on the day following the date he or she has been Actively at Work for 30 days.
B.2 When Coverage begins
For an Employee who was covered by the Previous Plan immediately before the Effective Date, Coverage begins on the Effective Date.
For other Employees, Coverage begins on the later of the date an Employee:
(a) becomes Eligible, or
(b) completes a written application for Coverage on a form provided by the Administrator. If written application is not made within 30 days of the date the Employee became Eligible for Coverage under this Plan or the Previous Plan, the Employee may be required to provide evidence of good health at his or her own expense before Coverage begins.
If an Eligible Employee is not Actively at Work because of Injury or Illness on the day Coverage would normally begin, Coverage will begin on the first subsequent day that he or she is Actively at Work.
B.3 Continuation of Coverage while on Approved Leave of Absence
Coverage is suspended on the first day of a Leave of Absence without pay, including maternity and parental leave, unless the Employee:
(a) chooses to continue Coverage throughout the Leave of Absence, and
(b) makes arrangements to continue Premium Payments that would normally be made by payroll deduction.
B.4 Reinstatement of Coverage
If an Employee's Coverage is suspended due to Leave of Absence or temporary layoff, Coverage will automatically be reinstated on the date of return to Active Work for a Participating Employer, provided the return to Active Work is within six months after the date the Leave of Absence begins.
If the Employee returns to Active Work more than six months after the Leave of Absence begins, Coverage will recommence on the day following the date he or she has been Actively at Work for 30 days.
B.5 Termination of Coverage
Coverage automatically ends on the day when this Plan terminates, or an Employee:
(a) leaves the employment of a Participating Employer, or
(b) ceases to qualify for Coverage, or
(c) fails to make a required Premium Payment, or
(d) retires or reaches age 65, whichever is the earlier.
B.6 Increases and decreases in Coverage
If an Employee's Coverage increases or decreases because of a change of Salary, the increase or decrease will take effect on the date of the change in Salary, provided the Employee is not absent because of Disability. If the Employee is absent because of Disability, the change in Coverage will take effect when the Employee returns to Active Work.
If an increase in Coverage together with existing Coverage exceeds the No-evidence Limit, the Employee must provide medical evidence of good health for the portion of the increased Coverage that exceeds the No-evidence Limit.
B.7 Premium waiver
If an Employee is Disabled and receiving Benefits, Premium Payments are waived from the first of the month following the effective date of LTD Benefit.
AMOUNT AND PAYMENT OF BENEFITS
C.1 Amount of Benefits Payable
The Plan will pay the amount of Benefit shown in the Benefit Schedule to an Employee who becomes Disabled while Covered under this Plan.
C.2 Payment of Benefits
C.2.1 Benefits become payable when an Employee's proof of claim is accepted.
C.2.2 Benefits are paid monthly, at the end of the month for which they are due.
Payments due for any period of less than one month will be calculated at a daily rate of one-thirtieth of the monthly rate.
C.2.3 If the Employee dies, any unpaid Benefits to which he or she was entitled before death will be paid to his or her estate.
It this Plan ends while an Employee is receiving Benefits, payment of Benefits will continue until one of the events described in paragraph C.4.2 occurs, subject to the provisions of paragraph F.3.
C.3 Coordination of Benefits
C.3.1 An Employee's Plan Benefits shall be reduced by such of the following benefits as may be applicable:
(i) any benefit for which the Employee is eligible under the Canada or Quebec Pension Plans by reason of the disability, but excluding therefrom any dependents benefits or cost-of living increases made under those plans after benefits begin;
(ii) benefits for which the Employee is eligible under any Workers' Compensation or similar law because of the disability;
(iii) 60% of the value (as determined by the Administrator) of housing or 60% of any housing allowance provide by the Employer within the period of disability;
(iv) any amount determined by the Administrator to be deductible under the "85% limitation rule" described below.
C.3.2 85% Limitation Rule
The intention of the rule is that an Employee shall not receive a total net income from Employment during disability greater than 85% of the net income received from Employment before disability. To achieve this the Administrator is empowered to determine the amounts set out as A and B below.
A. Net income during disability
The net income during disability shall be determined as the sum of:
a) the net benefit determined under C.3.1 above after deduction of items (i), (ii) and (iii) but not item (iv).
b) the amounts determined under C.3.(i), (ii) and (iii).
c) any disability or retirement benefits payable under any group or association policy providing group insurance or retirement benefits but not including any individual policy.
d) where permitted by law, any disability or loss-of-time benefits payable under any no-fault provision in any government plan of automobile insurance, payable as a result of the disability.
e) payments provided under any other government plan or law or any other government agency as a result of the disability.
f) amounts paid by any employer as salary continuance or severance pay.
g) any unreduced pension paid under the General Synod Pension Plan.
h) the amount that the Employee would pay in income tax on the sum of the income constituents a) to g) above as if that were the Employee's only income and allowing for the refundable tax credits to which the Employee is actually entitled.
B. Net income prior to disability
The net income prior to disability shall be defined as the sum of:
j) the Salary of the Employee.
k) any benefits which were received by the Employee in categories c) to g) inclusive before the Employee became disabled.
l) any income from the Employer, not included in Salary, which ceased when the Employee became disabled,
m) the amount that the Employee would pay in income tax on the sum of the income constituents j) to l) above as if that were the Employee's only income and allowing for the refundable tax credits to which the Employee is actually entitled.
In the event that the amount determined as A exceeds 85% of the amount determined as B, the difference shall be the amount used for C.3.1(iv) above.
The Employee shall be required to provide the Administrator with any information required to make this determination.
C.4 Duration of Benefits
C.4.1 Commencement of Benefits
Benefits begin on the first day after completion of the Elimination Period, provided the Employee has been Totally Disabled throughout that period.
If the Employee becomes Totally Disabled during a Leave of Absence and has maintained Plan Coverage, the Elimination Period begins on the first day of Disability. Benefits begin on the later of:
(a) the specified date when the Leave of Absence would have ended, or
(b) the first day after completion of the Elimination Period.
C.4.2 Termination of Benefits
If an Employee is Totally Disabled, Benefits continue until the earliest of the following events occurs:
(a) the Employee is no longer Disabled;
(b) the Employee retires or reaches age 65, whichever is earlier;
(c) the Administrator requests in writing but does not receive proof that the Employee is Disabled;
(d) the Employee fails to take a physical examination or mental evaluation requested by the Administrator without reasonable cause;
(e) the Employee is no longer receiving medical care or treatment satisfactory to the administrator;
(f) the Employee, without reasonable cause, refuses to undertake any Rehabilitation Program suggested by the Administrator after receiving advice from a Physician;
(g) the Employee fails to sign or comply with a repayment agreement as requested by the Administrator;
(h) the Employee dies;
(i) the date on which Benefit payments cease according to the provisions of paragraph F.3.
C.4.3 Partial Disability
An Employee who has been Totally Disabled throughout the Elimination Period and is unable to return to the duties of his or her usual occupation although able to undertake other paid employment, will continue to receive Benefits if:
(a) other paid employment is undertaken under the supervision of a Physician, and
(b) the arrangement is acceptable to the Administrator.
The Employee's Plan Benefit will be reduced by:
(a) 50% of gross earnings from the new employment, and
(b) any amounts received from the sources listed in paragraph C.3, and
(c) the amount by which Plan Benefits, plus 100% of earnings from the new employment, plus any amounts paid from the sources listed in paragraph C.3, exceeds 85% of his or her Salary.
If a Disabled Employee returns to a different occupation with the same Participating Employer, an additional Benefit equal to 50% of his or her Salary will be paid for the first three months, allowing the Participating Employer to reduce the Employee's salary by 50% during that period.
Benefits will continue until:
(a) the Employee is able to return to the duties of his or her normal occupation, or
(b) one of the events described in paragraph C.4.2 occurs.
C.5 Recurrent Disability
C.5.1 If an Employee receiving Benefits returns to work Full-time and again becomes Disabled within six months due to the same or a related cause as the previous Disability, Benefits will recommence on the day the Disability recurs. The amount of Benefit will be based on the same Salary as the Employee's last claim under this Plan.
C.5.2 If a Disabled Employee returns to work during the Elimination Period and once more becomes Disabled due to the same or a related cause as the previous Disability, subsequent periods of Disability will be considered a continuation of the first period of Disability, provided the Employee has not been Actively at Work for more than a total of 15 days during the Elimination Period.
C.6 Cost-Of-Living Adjustment (COLA)
Each January following the calendar year in which Disability Benefits begin, a Disabled Employee's monthly Plan Benefits will be increased by a cost-of-living adjustment (COLA).
The COLA increase will be the lesser of:
(a) the maximum cost-of-living adjustment shown in the Benefit Schedule; or
(b) the percentage increase in the Consumer Price Index (CPI) for the 12- month period ending October 31 in the previous calendar year from the 12-month period one year earlier.
CPI increases in excess of the maximum cost-of-living adjustment will be carried forward for use in subsequent calendar years when the CPI increase is less than the maximum cost-of-living adjustment.
The COLA will be applied to the initial gross monthly Benefit, the initial Canada Pension Plan or Quebec Pension Plan benefits and the initial all-source limit. The Plan Benefits payable are then re-calculated according to the Coordination of Benefits procedure using the adjusted amounts.
No Benefit will be reduced due to a reduction in the CPI, but any reduction that would otherwise be made in accordance with the COLA increase formula will be offset against subsequent COLA increases.
No Benefits will be paid in the event the Disability:
(a) is intentionally self-inflicted while the Employee is sane or insane;
(b) results directly or indirectly from insurrection, war, service in the armed forces of any country or participation in a riot;
(c) results while committing or attempting to commit a criminal act;
(d) occurs while the Employee is legally imprisoned;
(e) occurs while the Employee is on unpaid Leave of Absence of any kind, except as provided in paragraph B.3;
(f) is due to cosmetic surgery or treatment, unless this surgery or treatment is for Injury and begins within 90 days of the accident.
D.1 Rehabilitation Program
A Rehabilitation Program is any training program or work-related activity:
(a) intended to help an Employee to return to the duties of his or her own occupation or any other paid employment, and
(b) recommended or approved by the Administrator.
When deciding if a Rehabilitation Program is appropriate, the Administrator will assess such factors as the expected duration of Disability and the type of activity required to help an Employee back to work at the earliest possible time.
An Employee who, without reasonable cause as determined by the Administrator, refuses to participate in a Rehabilitation Program recommended by the Administrator, will no longer be entitled to Benefits.
D.2 Payment of Benefits
An Employee will continue to receive Benefits for the duration of any Rehabilitation Program undertaken that has the approval of the Administrator. If the Employee leaves the Program without the permission of the Administrator, payment of Benefits will stop immediately.
D.2.1 If entering a Rehabilitation Program involves employment at the Employee's former occupation or at a new occupation, Benefits will continue for the Initial Assessment Period.
Benefits will cease after the Initial Assessment Period ends, and if the Employee has been Totally Disabled for:
(a) fewer than 24 months and is, from that time on, considered capable of performing the usual and customary duties of his or her former occupation, or
(b) 24 months or more and is, from that time on, considered capable of performing the usual and customary duties of his or her former or a new occupation.
If, after the Initial Assessment Period, the Employee is not considered capable of performing the usual and customary duties of the former or new occupation, or Total Disability occurs by a recurrence of the same or a new Disability, Benefits are reinstated in full without a new Elimination Period.
D.2.2 If entering a Rehabilitation Program involves training rather than employment, payment of Benefits is extended to the later of:
(a) the end of the Rehabilitation Program, or
(b) the end of a period of post-training employment, the length of which will be determined by the Administrator.
D.3 Determination of the amount of benefit while participating in an approved Rehabilitation program.
The amount of benefit will be determined in accordance with subsections C.1 and C.3, except that,
(a) the "85% limitation rule" and all references to 85% of net income received from employment before disability shall be read as the "100% limitation rule" and 100% of net income received from employment before disability, and
(b) subsection C.3.2A(f) shall be read to include amounts received from rehabilitative employment; and
(c) the "net income received from Employment before disability" as referred to in subsection C.3.2B shall be adjusted each year in accordance with subsection C.6, "Cost-Of-Living Adjustment (COLA)", disregarding the "Maximum adjustment".
D.4 Repayment of expenses
Any reasonable expenses associated with a Rehabilitation Program will be paid by the Fund. Such expenses must be pre-authorized by the Administrator. The amount of these expenses will not exceed three times the Employee's gross monthly Benefit or any higher amount which may be authorized by the Administrator.
E.1 Proof of claim
The Employee must promptly provide written evidence sufficient to verify any facts that are relevant to his or her Coverage or claim for Benefits. The evidence must be acceptable to the Administrator, and received by the Administrator on forms approved for this purpose within 90 days from the date Illness or Injury began.
Benefits will only be paid for periods for which the Administrator has received satisfactory proof that the Employee is entitled to Benefits.
An Employee living outside Canada may be required by the Administrator to return to Canada at his or her expense before the claim is approved and subsequently at least once each year, for medical, psychiatric, psychological, educational and/or vocational evaluations by examiners selected by the Administrator, or for rehabilitative training.
If this Plan terminates for any reason, and any claim for Benefits is not submitted to the Administrator within 60 days after the date of termination, Benefits will not be payable.
E.2 Right to receive and release information
The Administrator has the right, with the written consent of the Employee, to request, obtain and release information and records from or to any party if such information is required in order to administer a claim. Any person claiming Benefits must provide the Administrator with all information necessary to administer the claim. All such information will be held in strict confidence by the Administrator.
E.3 Right to examine
The Administrator has the right to require an Employee who is claiming Benefits to undergo a physical examination or mental evaluation when and as often as may be reasonable. The cost of such an examination or evaluation will be paid by the Fund.
E.4 Third party liability
When an Employee has a cause of action against a third party for income lost as a result of his or her Disability, a repayment agreement provided by the Administrator must be completed.
The Employee must also repay the Plan any overpayment resulting from the third-party liability. "Overpayment" refers to any payment included under C.3 in excess of the actual loss of income for any given week. Net legal fees and disbursements related to the wage loss portion of the claim against the third party are deducted. The repayment agreement must set out the calculation of the Employee's over-compensation in detail. This amount must then be paid directly to the Administrator by the Employee.
An Employee who does not obtain the written consent of the Administrator before entering into a compromised settlement of any claim with a third party will be considered to have recovered his or her full loss.
Following notification to the Administrator of the judgement or settlement, no further Benefits will be paid until the Plan has been repaid the amount stated in the repayment agreement.
If the third party awards the Employee a lump sum for loss of future earnings, the Administrator will calculate how much this represents in terms of monthly income and reduce the Employee's monthly Benefits accordingly. The repayment agreement will show details of this calculation.
If a monthly benefit is to be paid for loss of future earnings, Benefits will be reduced by this income.
E.5 Facility of payment
Whenever payments which should have been made under this Plan have been made under any other plans, the Administrator has the right to pay over amounts owing directly to such other plans. The Plan will then be fully discharged from liability for such payments.
E.6 Right of recovery
The Administrator has the right to recover excess Benefit payments from the Employee. If recovery cannot be made, payments from future claims may be reduced until the excess amount or ineligible expenses are recovered.
E.7 Limitation of action
No legal action for the recovery of any claim may be brought against the Plan within 90 days or after one year from the expiration of the time in which proof is required.
All dollar amounts in this Plan are Canadian dollars.
E.9 Clerical error
An Employee's rights will not be prejudiced by any clerical error.
The Employee may not assign Benefits to a third party.
F.1.1 Not later than 90 days following the beginning of each Plan Year the Administrator, on the advice of the Actuary, will establish the rate of contributions (expressed as a percentage of Salary) required to be paid in that Plan Year by Covered Employees. In preparing contribution advice to the administrator, the Actuary will, in accordance with accepted actuarial practice, take into account the Plan's expected benefit payments and expenses, the assets of the Fund, and the Plan's liabilities for future Benefit payments.
F.1.2 Each Participating Employer will collect the required contributions from its Employees and remit them to the Administrator within 30 days following the end of the month for which the contributions are due, together with any additional information the Administrator may require for the administration of the Plan.
Within 90 days of each Plan Anniversary, the Actuary will, in accordance with accepted actuarial practice, review the Administrator's annual claims report and provide to the Administrator an estimate of the amount to be reserved for payment of unreported claims, and for future Benefit payments with respect to reported claims.
F.3 Solvency and reduction of Benefits
F.3.1 Should the Administrator determine at any time, on the advice of the Actuary, that the assets of the Fund, together with expected future contributions, are not sufficient to finance Plan Benefits, the Plan will be considered insolvent and the Administrator will so notify the Pension Committee within 30 days after making such a determination.
F.3.2 On receiving the notification referred to in paragraph F.3.1, the Pension Committee will, to the extent it considers necessary to restore the solvency of the Plan, amend the Plan by reducing the amount and/or duration of Benefits with respect to claims arising both before and after the effective date of such amendment in such equitable manner as it considers appropriate.
G.1 Establishment of the Fund
The Administrator will deposit and hold in trust in the Fund all contributions made to the Plan, together with all investment earnings and capital appreciation of the Fund.
G.3.1 The Administrator will arrange for the assets of the Fund to be invested in investments that would be acceptable for a pension fund in accordance with the Ontario Pension Benefits Act and its Regulations, and in compliance with any instruction of the Pension Committee. In so doing, the Administrator will not be restricted to investments that would otherwise be permitted for monies held in trust.
The Administrator will authorize the payment from the Fund of the following amounts:
(a) Benefits payable under the Plan;
(b) administrative expenses and fees incurred in the operation of the Plan including but not limited to costs incurred by the Administrator in the operation of the Plan, custodial and investment management fees, fees related to medical examinations and advice, legal fees, actuarial and consulting fees and rehabilitation expenses;
(c) any taxes payable by the Fund under any law of Canada or of a province of Canada.
G.5 Benefits payable only from the Fund
G.5.1 The Fund will be the only source for the payment of Benefits.
G.5.2 In no event will any Employee or any Participating Employer be entitled to any recompense or damages from the Church, the Administrator, the Pension Committee or any of their agents or employees in respect of the operation of the Plan or on account of the inability of the Fund to provide Benefits.
G.5.3 Neither the Pension Committee, the Administrator nor any member, employee or agent thereof, shall be liable for any liability or debt of the Plan or the Fund contracted or incurred, nor for the non-fulfillment of any contract, nor for any other liability arising in connection with the administration of the Plan and the administration and the investment of the Fund; provided, however, that nothing herein shall exempt the Pension Committee, the Administrator nor any member, employee or agent thereof, from any liability, obligation or debt arising out of acts or omissions done or suffered in bad faith or through gross negligence or wilful misconduct. Neither the Pension Committee, the Administrator nor any member, employee or agent thereof, shall be liable for any action taken upon reliance on any instrument, certificate or paper believed by them to be genuine and to be signed or presented by the proper person or persons and shall be under no duty to make investigations nor inquiry as to any statement contained in any such document but may accept the same as conclusive evidence of the truth and accuracy of the statements therein contained. The Pension Committee and/or the Administrator may obtain trustees' and fiduciaries' liability insurance and pay the premiums for such insurance out of the Fund.
H.1 Eligibility of Church-related employers
An Employer eligible to become a Participating Employer may become a Participating Employer by completing a written agreement with the Administrator whereby the employer agrees that:
(a) the Administrator acts as the agent of all the Employers who Participate in the Plan, and
(b) it will supply to the Administrator completed applications for Coverage for all Eligible Employees within 30 days of the date of the agreement, and
(c) it will pay to the Administrator all Premium Payments collected from its Employees.
H.2 Plan administration
H.2.1 The Administrator will maintain any records necessary to make Benefit determinations for the proper administration of the Plan.
H.2.2 The Administrator will decide all matters regarding administration, operation and interpretation of the Plan.
H.2.3 The Administrator will provide each Employee with a written explanation of the terms of the Plan and any Plan amendments.
H.3 Amendment or termination of the Plan
H.3.1 This document, including Sections A, B, C, D, E, F, G and H and the Benefit Schedule, constitutes the entire Plan and will not be changed except by an amendment approved by the Pension Committee.
H.3.2 The Pension Committee hopes and expects to continue the Plan indefinitely but reserves the right to amend or terminate the Plan, either in whole or in part, at any time, without the approval or consent of the Participating Employers or the Employees.
H.3.3 If the Plan terminates, none of the assets of the Plan will revert to the Employees until provision has been made for all Benefits due before or after the date of termination.
H.4 Applicable law
This Plan will be governed by and construed in accordance with the laws of the Province of Ontario, except as may be required for compliance with any law of any province of Canada in which any Employee is employed.
H.5 Conformity to legislation
If this Plan does not conform to applicable laws in accordance with paragraph H.4, it is considered automatically amended to comply with the minimum requirements of that law.
Monthly Benefit - 60% of the first $2,500 of Salary, plus 40% of Salary in excess of $2,500
Maximum monthly Benefit - $10,000
Elimination Period - 119 days
Maximum Benefit Period - to age 65
No-evidence maximum - $10,000
Maximum Cost-of-living Adjustment - 3% per annum
ADOPTION OF PLAN
This Plan is adopted by the Pension Committee of the Anglican Church of Canada as of January 1, 1994.
That this General Synod approve the 2000 Audited Financial Statements of the General Synod Pension and Income Continuance Plans, the Lay Retirement Plan and the Long Term Disability Plan of the Anglican Church of Canada. CARRIED WITHOUT DEBATE Act 48