Manitoba Hydro Disability Allowance Regulation

Manitoba Hydro Disability Allowance Regulation, M.R. 143/98 The Civil Service Superannuation Act , C.C.S.M. c. C120 Regulation 143/98 Registered August 14, 1998 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Entitlement to disability allowance 3 Calculation of disability allowance 4 Date of retirement 5 Early retirement 6 Optional annuity 7 Death of employee 8 Termination of employment 9 Repealed 10 Adjustments 11 The board 12 Repeal Definitions 1(1) In this regulation, "Act" means The Civil Service Superannuation Act ; («  Loi  ») "annual salary" means the sum of (a) the salary earned by the employee in a calendar year, upon which contributions were made to the fund, excluding salary for rehabilitative employment, (a.1) if the employee was employed by Centra Gas Manitoba Inc. before January 1, 2001 and by Manitoba Hydro on that day, any remuneration received during the calendar year as an employee of Centra Gas Manitoba Inc. that, if it had been paid by the government, would have been salary as defined in subsection 1(1) of the Act, and (b) an amount, pro rated, for that portion of each calendar year that the employee received disability income under the plan to be calculated as follows: (i) calculate the employee's biweekly rate of pay, upon which contributions were made to the fund, immediately prior to the commencement of disability income under the plan, (ii) adjust that biweekly rate of pay annually thereafter on the 19th pay period of each calendar year (hereinafter called the "adjustment date"), for as long as the employee received disability income under the plan, (iii) calculate the rate of annual adjustment to equal the sum of all weighted increases received by labour jurisdictions within Manitoba Hydro, excluding executives, during the 12 month period ending June 30th of the same calendar year as the adjustment date and, if the employee received a general pay increase during that 12 month period, the rate of adjustment shall, for the purpose of the first annual adjustment, be pro rated for the number of calendar days from the date of the general pay increase to June 30th, (iv) calculate the weighted increase for each jurisdiction as follows: weighted increase = X/Y × GPA where X is the number of regular full and part time person years of service performed by employees of the jurisdiction in any recent year, Y is the number of regular full and part time person years of service performed by all employees of Manitoba Hydro, excluding executives, in the same year as X is calculated, GPA is the general pay adjustment, or the total of such adjustments if more than one, received by the jurisdiction in the 12 month period ending June 30 of the same calendar year as the adjustment date, expressed as a percentage; (« rémunération annuelle ») "board" means the Civil Service Superannuation Board; (« Régie ») "fund" means the Civil Service Superannuation Fund; (« Caisse ») "plan" means the Long Term Disability Income Plan established by Manitoba Hydro on July 1, 1984; (« Régime ») "rehabilitative employment" means a program of employment authorized by Manitoba Hydro for the rehabilitation of a disabled employee; (« emploi de réadaptation ») "total allowance" means the lesser of (a) the amount that is determined using the following formula: total allowance = (.02 × A × S) − (.004 × C × T) where A is the average of the employee's annual salary for the five years in which the employee had the greatest annual salary, or during the employee's total credit if it does not total 5 years; C is, as determined by the board in accordance with its actuary's recommendation, the employee's average annual Canada pensionable earnings during the period for which the value of A is determined; S is the employee's total credit; T is the employee's total credit after December 31, 1965; and (b) the amount determined under clause (a) if the formula were as follows: total allowance = 70% × A; (« allocation totale ») "total credit" means the number of years and parts thereof expressed to 3 or 4 decimal places, of (a) periods of pensionable service under the Act; (b) periods when the employee meets the requirements for disability income under the plan, whether or not such disability income is actually received; and (c) periods when the employee is engaged in rehabilitative employment, for which no service is accumulated under the Act; (« crédit total ») "unreduced superannuation allowance" means a superannuation allowance paid under the Act which has not been reduced by reason of early retirement. (« allocation de pension non réduite ») 1(2) Subsection 26(5) of the Act applies with necessary changes to the definition "annual salary" in subsection (1). M.R. 45/2014 Entitlement to disability allowance 2 An employee who meets the requirements for disability income under the plan, whether or not such disability income is actually received, is eligible for a disability allowance pursuant to subsection 69(2) of the Act if the employee was a contributor to the fund immediately prior to the date that the employee met the requirements. M.R. 45/2014 Calculation of disability allowance 3 The disability allowance shall be in the amount determined by the following formula: D − E where D is the greater of (a) the total allowance determined as at the date on which the disability allowance commences under section 4; and (b) the total allowance determined as at December 31 immediately preceding that date; and E is the superannuation allowance the employee would be entitled to receive under the Act — other than be virtue of this regulation — if the employee did not elect an optional annuity under section 29 of the Act. M.R. 45/2014 Date of retirement 4 Payment of the disability allowance commences on (a) the first day of the month following the date the employee is entitled to an unreduced superannuation allowance, if at such date the employee is totally disabled; or (b) at retirement, if at retirement the employee is not totally disabled. M.R. 45/2014 Early retirement 5 If an employee takes advantage of early retirement under the Act, the disability allowance shall be reduced in the manner provided in section 28 of the Act. Optional annuity 6 Section 29 of the Act applies with necessary changes to a disability allowance. An employee may elect an optional annuity in lieu of his or her disability allowance even if he or she did not make the same election, or did not make any election, for his or her superannuation allowance. M.R. 45/2014 Death of employee 7 If an employee dies prior to commencement of his or her disability allowance, a portion of the disability allowance shall be paid to the employee's spouse or common-law partner or, if there is no spouse or common-law partner, the employee's estate. The portion shall be calculated and paid in the same way the annuity is calculated and paid under the Act on the death of the employee. M.R. 88/2002 ; 45/2014 Termination of employment 8(1) If, before the commencement of a disability allowance, the employee terminates employment and withdraws or transfers the commuted value of a deferred superannuation allowance (a) the disability allowance benefit shall be included in the commuted value withdrawn or transferred by the employee; and (b) the employee is not entitled to any further payment on account of the disability allowance. 8(2) If an employee terminates employment before the commencement of a disability allowance and does not withdraw or transfer the commuted value of his or her deferred superannuation allowance, the disability allowance commences upon retirement under the Act. M.R. 45/2014 9 [Repealed] M.R. 45/2014 Adjustments 10 Sections 33 and 34 of the Act apply with necessary changes to a disability allowance. For greater certainty, this section does not apply to a benefit under the Enhanced Benefits for Eligible Manitoba Hydro Employees Regulation , Manitoba Regulation 140/2011. M.R. 45/2014 The board 11 Manitoba Hydro shall provide the necessary information to the board and the board shall administer the disability allowance paid under this regulation and the board shall charge Manitoba Hydro for all (a) disability allowance payments including increases under sections 33 or 34 of the Act; (b) commuted value transfers or withdrawals under clause 8(1)⁠(a) of this regulation including increases under section 34 of the Act; and (c) administration costs incurred through the implementation and ongoing administration of this regulation. M.R. 45/2014 Repeal 12 Manitoba Regulation 242/89 is repealed.