Community Employees Benefits Program By-law No. 18/90

Community Employees Benefits Program By-law No. 18/90, M.R. 73/90 The Northern Affairs Act , C.C.S.M. c. N100 Regulation 73/90 Registered March 30, 1990 bilingual version (HTML) WHEREAS The Northern Affairs Act , C.C.S.M. c. N100, provides in part as follows: 5(1) ... the minister has the powers, rights, privileges and duties that a municipality has within its boundaries and the minister shall exercise and perform these powers, rights, privileges and duties. 5(5) ... where the exercise or performance of the powers, rights, privileges or duties referred to in those subsections require the passing of a by-law, or the making of a resolution, the minister may make the by-law or the resolution for or on behalf of the residents of Northern Manitoba, a community or an incorporated community. 5(6) The by-law or resolution may be made to apply to the whole or any part of Northern Manitoba.... AND WHEREAS The Municipal Act , C.C.S.M. c. M225, provides in part as follows: 176(1) Every municipality shall by by-law establish or participate in a plan or scheme to provide pensions or superannuation allowances for its full time employees and its part time employees.... 176(2) A plan mentioned in subsection (1), which a municipality establishes or in which it participates may, in addition to pensions or superannuation allowances, provide other benefits for employees or their surviving dependants including, without limiting the generality of the foregoing, insurance on the lives of employees or their dependents or both, disability allowances, surviving dependents allowances and surviving spouse allowances. AND WHEREAS some communities, by by-law enacted with the consent of the Minister under subsection 5(7) of The Northern Affairs Act , are members of the Municipal Employees Benefits Program, and other communities are applying to become members of it; NOW THEREFORE the Minister enacts, for and on behalf of the community councils, community committees and incorporated community councils that are established under The Northern Affairs Act and that have not by their own by-law become members of the Municipal Employees Benefits Program, as follows: Definitions 1 In this by-law, "board" means The Municipal Employees Benefits Board established under The Municipal Act ; (« Commission ») "council" means a community council or local committee established by the minister under The Northern Affairs Act, or the council of an incorporated community; (« conseil ») "department" means the department of government over which the minister presides; (« ministère ») "employee" means an employee of a council; (« employé ») "municipal pension plan" means the Pension Plan provided through the board; (« régime de pension municipal ») "plan" means a pension plan, a group life insurance plan, or a disability pension plan that is part of the program; (« régime ») "program" means the Municipal Employees Benefits Program; (« programme ») "Canada Pension Plan earnings" means the level of earnings established under the Canada Pension Plan as pensionable earnings for a calendar year. (« salaire cotisable au RPC ») M.R. 57/99; 115/2025 Eligibility requirements 2 An employee is eligible to participate in the program where the employee complies with any condition established by the board and with the requirements of the program, including the following: (a) in the case of the pension plan, the employee (i) where participation is not mandatory, submits an application, ii) is under the age of 71, iii) completes any probationary period required by the council, and iv) is employed full time, or earns more than 1/4 of the Canada Pension Plan earnings for two consecutive years immediately before the date on which the employee is otherwise eligible or April 1, 1990, whichever is later; (b) in the case of the group life insurance plan, the employee i) is a member of the pension plan, and ii) submits an application for membership in the plan and a statement of good health that is satisfactory to the board; (c) in the case of the disability pension plan, the employee i) is under the age of 65, ii) is a member of the pension plan, and iii) submits an application for membership in the plan and a statement of good health that is satisfactory to the board. PENSION PLAN Councils to participate in pension plan 3 A council shall participate in the pension plan as of April 1, 1990 and shall (a) deduct, from the earnings of an employee who participates in the pension plan, the contributions required to be made by the employee to it; and (b) remit the contributions, with the amounts required to be paid by the council, to the department; and the department shall remit the contributions to the board on or before the applicable remittance date and shall execute such documents as are necessary to implement this by-law. New employee's participation is mandatory 4 A person who becomes an employee of a council after March 31, 1990 and who is eligible to participate in the pension plan shall, as a condition of employment, be a member of the pension plan. Where employee may choose to participate 5 A person who is an employee of a council on March 31, 1990 and who is eligible to participate in the pension plan shall as a condition of employment become a member of the plan on April 1, 1990 unless before that date the person advises the clerk of the council in writing that he or she does not wish to participate in the pension plan. GROUP INSURANCE PLAN Councils to participate in group insurance plan 6 A council shall participate in the group insurance plan as of April 1, 1990 and shall (a) deduct, from the earnings of an employee who participates in the plan, the contributions required to be made by the employee to it; and (b) remit the contributions, with the amounts required to be paid by the council, to the department; and the department shall remit the contributions to the board on or before the applicable remittance date and shall execute such documents as are necessary to implement this by-law. M.R. 57/99 New employee's participation is mandatory 7 A person who becomes an employee of a council after March 31, 1990 and who is eligible to participate in the group insurance plan shall, as a condition of employment, be a member of the plan. Where employee may choose to participate 8 A person who is an employee of a council on March 31, 1990 and who is eligible to participate in the group insurance plan shall as a condition of employment become a member of the plan on April 1, 1990 unless before that date the person advises the clerk of the council in writing that he or she does not wish to participate in the group insurance plan. DISABILITY PENSION PLAN Councils to participate in disability plan 9 A council shall participate in the disability pension plan from April 1, 1990 and shall (a) deduct the contributions required from the earnings of an employee who participates in the plan; and (b) remit the contributions, with the required contribution of the council, to the department; and the department shall remit the contributions to the board and shall execute such documents and carry out such things as are necessary to implement this by-law. New employee's participation is mandatory 10 A person who is employed by a council on or after the effective date of the disability pension plan shall participate in the plan on and from the first day of the pay period after the person is eligible to participate. Employee may decline membership 11 A person who is an employee of a council on April 1, 1990 shall participate in the disability pension plan when he or she becomes eligible to participate in it, unless the person provides the board with a notice in writing before the eligibility date that he or she does not wish to participate.