Human Resources Services
Room 207 Chrysler Hall Tower
( 519) 253-3000, ext. 2047
Fax (519) 971-3688
University of Windsor
Human Resources Services
401 Sunset Avenue
Section 1 - Definitions - Definitions- Definitions
The following words and phrases shall, for purposes of this Plan, have the respective meanings given below, unless the context clearly requires a different meaning:
1.01 “Actuarial Basis” means the basis (using an interest rate and a mortality table that does not discriminate on the basis of sex) in force for Plan purposes at the relevant time as adopted by the Retirement Committee on the advice of the Actuary.
1.02 “Actuarial Equivalent” means an actuarially equal value computed by using the Actuarial Basis in force for Plan purposes at the relevant time, subject to any requirements of the Pension Benefits Act.
1.03 “Actuary” means the actuary or firm of actuaries retained by, but independent of, the University for purposes of the Plan, who is, or at least one of whose members is, a Fellow of the Canadian Institute of Actuaries.
1.04 “Average Canada Pension Plan Base” means the average of the Year’s Maximum Pensionable Earnings during the same period prior to the Member’s retirement, or termination of employment used in the calculation of the Best Average Earnings.
1.05 “Average Fund Rate Of Return” means the average rate of return earned by the Pension Fund during the most recently completed Plan Year and the three preceding Plan Years.
1.06 “Beneficiary” means a beneficiary designated by a Member in accordance with Section 12.
1.07 “Best Average Earnings” means twelve times the average of the Member’s monthly Earnings in the sixty consecutive months of highest Earnings with the University prior to retirement, or termination, and, in the case of an Employee with less than sixty months’ Continuous Service, means twelve times the average of the Member’s monthly Earnings during the total period of such service with the University.
1.08 “CANSIM B14045” means the Canadian Socio-Economic Information Management (CANSIM) series B14045 which is published monthly by the Bank of Canada Review.
1.09 “Commuted Value” means, in relation to benefits that a person has a present or future entitlement to receive, a lump sum amount which is the actuarial present value of those benefits computed at a rate of interest and using actuarial tables that do not discriminate on the basis of sex as adopted by the Retirement Committee on the recommendation of the Actuary, subject to the requirements of the Pension Benefits Act and the Income Tax Act.
1.10 “Consumer Price Index” for a Plan Year means the average of the Consumer Price Index for Canada as published by Statistics Canada under the authority of the Statistics Act, for the twelve months in the Plan Year.
1.11 “Continuous Service” means continuous employment with the University, without interruption except for regular vacation periods, authorized sick leave or Total Disability leave granted by the University, periods of layoff, leave of absence (either with or without pay) duly authorized by the University and
absence on military service as referenced in Section 5 hereof. Continuous Service shall also include any period of absence due to injury in respect of which the Member is entitled to Workers’ Compensation benefits that is included in Pensionable Service under Section 1.24(3).
1.12 “CPI” means the ratio, where the numerator is the Consumer Price Index for the Plan Year just ended, and the denominator is the Consumer Price Index for the immediately preceding Plan Year.
1.13 “Credited Interest” means interest on a Member’s contributions at the specified rates, compounded annually from the first day of the month following the month in which the contribution was made to the first day of the month in which a determination thereof is to be made, whether by reason of termination of employment, retirement, or death. For periods prior to July 1, 1971, the specified rate shall be 3% per annum. For the period from July 1, 1971 to June 30, 1983, the specified rate shall be as follows:
Time Period Rate Per Annum
July 1, 1971 to June 30, 1979 4-1/2%
July 1, 1979 to June 30, 1980 7%
July 1, 1980 to June 30, 1982 4-1/2%
July 1, 1982 to June 30, 1983 8-1/2%
For the period from July 1, 1983 to December 31, 1987, the specified rate to be applied to a Member’s required contributions for any Plan Year shall be 1% below the average rate offered by three banks or trust companies specified by the University on one year term certificates established on the first working day in July of that Plan Year.
For the period from January 1, 1988 to June 30, 1996 the specified rate to be applied to a Member’s required contributions shall be 1% below the average rate offered by three banks or trust companies specified by the University on one year term certificates established on the first working day in July of that Plan Year. The specified rate for a Plan Year shall not be less than the average of the yields of 5 year personal fixed term chartered bank deposits (CANSIM series B14045) for that Plan Year.
For the period July 1, 1996 to the first day of the month in which the Member terminates employment, dies or retires, the specified rate to be applied to a Member’s required contributions shall be the average rate offered by three banks or trust companies specified by the University on one-year term certificates established on the first working day in July of that Plan Year. The specified rate for a Plan Year shall not be less than the average of the yields of 5 year personal fixed term chartered bank deposits (CANSIM series B14045) for that Plan Year.
Where a Member separates from Continuous Service before the end of the Plan Year, the rate of Credited Interest to be applied to Member’s required contributions balance at the beginning of the Plan Year and required contributions in respect of the member made during the Plan Year shall be a pro-rata portion of the rate determined as the June CANSIM B14045 interest rate for the preceding Plan Year for the portion of the Plan Year prior to the Member’s separation from Continuous Service.
The specified rate of interest applied to a Member’s additional voluntary contributions for the period from July 1, 1983 to December 31, 1987 shall be
a rate of approximately the rate of return earned by the Pension Fund in that year, as established by the University in consultation with the Actuary.
For the period from January 1, 1988, the specified rate of interest applied to a Member’s additional voluntary contributions shall be a rate which is reasonably attributable to the operation of the Pension Fund.
1.14 “Earnings” means the Member’s basic annual salary or wages, as determined by the University. Earnings include base earnings, overtime, shift premium and weekend premium, but does not include stipends for sessional instruction.
For a Member who is employed on a less than full-time basis or for less than a full year, Earnings will be determined for each Plan Year by multiplying the Member’s Earnings determined above by the ratio of the hours scheduled to be worked by full-time Employees in the Plan Year to the Member’s actual hours worked, other than overtime hours, during the Plan Year.
1.15 “Effective Date” means September 1, 1955.
1.16 “Employee” means a member of the Non-Teaching Staff of the University who is in receipt of a regular salary or wage from the University and who is employed on a full-time basis, or on and after January 1, 1988, on other than a full-time basis. Employee shall not include a member of the Non-Teaching Staff of the University who is represented by a union which is not listed at Section 1.33.
1.17 “Employment Date” means the date an Employee enters the service of the University.
1.18 “Income Tax Act” means the Income Tax Act, Statutes of Canada and the Regulations thereunder, and where applicable includes the provisions of
Information Circular 72-13R8 issued by the Department of National Revenue, as amended or replaced from time to time.
1.19 “Member” means an Employee who has become entitled to participate in the Plan in accordance with the provisions of the Plan. The term “Member” shall also include a former Employee who has retired or otherwise terminated his/her employment with the University, but who retains a right to benefits under the Plan.
1.20 “Non-union Administration Staff” shall mean the employees of the University who are members of the non-union administration staff.
1.21 “Normal Retirement Date” shall have the meaning set out in Section 6.02 hereof.
1.22 “Pension Benefits Act” means the Pension Benefits Act, Statutes of Ontario and the Regulations thereunder, as amended from time to time.
1.23 “Pension Fund” means the fund established to provide benefits under this Plan pursuant to Section 14.
1.24 “Pensionable Service” means the sum of (1), (2), (3), (4), (5) and (6) below:
(1) if the Member was eligible for and joined the Plan as of the Effective Date, his/her Continuous Service from his/her last date of employment by the University of Windsor, Assumption University of Windsor, Essex College, Assumption College or Windsor Teachers’ College to September 1, 1955;
(2) the most recent period of Continuous Service after the Effective Date during which the Member makes required contributions to the Plan pursuant to Section 3.01 hereof;
(3) any period of absence due to an injury in respect of which the Member is entitled to receive benefits under the Workers’ Compensation Act within the 12-month period following the date of the injury, provided that the Member continues to make required contributions during the absences;
(4) any period or periods of Continuous Service credited while the Member was eligible for disability accrual or was on authorized leave of absence in accordance with the provisions of Sections 4 and 5 hereof, respectively;
(5) service recognized for purposes of the Plan by reason of a reciprocal transfer agreement between the University and the administrator of another pension plan under which the Member accrued a benefit prior to joining the Plan; and
(6) Continuous Service recognized for purposes of the Plan by reason of purchase of past service as described in Section 3.06.
For each period during which a Member is employed on a less than full-time basis, Pensionable Service for that period will be determined by multiplying the years and months of Continuous Service in the period during which the Member was a Member of the Plan (rounded up to the next 1/12th) by the ratio of the Member’s actual hours worked during the period, other than overtime hours, to the hours regularly scheduled to be worked by full-time Employees.
1.25 “Plan” means the University of Windsor Employees’ Retirement Plan, set forth herein as amended July 1, 1996 and as amended thereafter from time to time.
1.26 “Plan Year” means the 12-month period commencing July 1st and ending on June 30th of the following calendar year.
1.27 “Retirement Committee” means the Committee constituted for the purpose of administration of the Plan pursuant to Section 15 hereof.
1.28 “Spouse” means, at the time a determination of marital status is required, a person of the opposite sex to whom the Member is:
(1) legally married, provided the Member is not living separate and apart from that person;
(2) not legally married but the Member and that person have been cohabiting continuously in a conjugal relationship for at least 3 years; or
(3) not legally married, but the Member and that person are cohabiting in a conjugal relationship of some permanence and are jointly the natural or adoptive parents of a child, both as defined in the Family Law Act, 1986 (Ontario).
1.29 “Total And Permanent Disability” means a physical or mental impairment which prevents a Member from engaging in any employment for which he/she is reasonably suited by virtue of his/her education, training or experience and that can reasonably be expected to continue for the remainder of the Member’s lifetime and which is certified, in writing, by a medical doctor licensed in Canada or where the Member resides.
1.30 “Total Disability” means a disability which is certified, in writing, by a medical doctor licensed in Canada or in the place where the Member resides as being total or permanent in nature and which prevents the Member from performing substantially all the duties of his/her employment, and in respect of which the Member is in receipt of long term disability benefits from a group insurance plan sponsored by the University.
1.31 “Trust Agreement” means the agreement entered into between the University and the Trustee for purposes of this Plan.
1.32 “Trustee” means the corporate trustee appointed under the provisions of the Trust Agreement and appearing as a signatory thereto.
1.33 “Union” shall mean any of the following four unions with which the University has a collective agreement governing conditions of work:
- Local 1393, Canadian Union of Public Employees;
- Local 210, The Service Employees’ International Union/Operating Engineers;
- Local 195, Canadian Auto Workers’ Union;
- Local 210, The Service Employees’ International Union/Support Staff.
1.34 “University” means the University of Windsor, in the City of Windsor, Province of Ontario, and is the successor to Assumption College and certain of its affiliated institutions including Assumption University of Windsor, and further includes all other institutions affiliated with the University from time to time in their collective and individual capacities, which have been designated as participating employers by the University and have agreed to participate in the Plan, and, where the context so requires, means the governing body of the University and its officers in their collective capacity.
1.35 “Valuation Interest Rate” means the rate utilized in the Actuarial Basis in force for plan purposes at the relevant time.
1.36 “Year’s Basic Exemption” means the Year’s Basic Exemption in effect under the Canada Pension Plan.
1.37 “Year’s Maximum Pensionable Earnings” means the Year’s Maximum Pensionable Earnings in effect under the Canada Pension Plan.
Words importing the singular number only shall be construed to include the plural number and vice versa; and words importing the masculine gender shall extend to and include the feminine gender and vice versa; and words importing persons shall include firms, associations, institutions and corporations and vice versa where the context so requires.