Report Number: 010 appendix 3

LONG TERM DISABILITY PLAN

Draft: February 26, 2004

SECTION A
DEFINITIONS

 

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.2 Actuary

 

A Fellow of the Canadian Institute of Actuaries.

A.3 Administrator

Amended May 2003

 

Administrator is a person or organization appointed by the Board of Trustees responsible to handle payment of claims, claims accounting, claims control and related services. On the Effective Date November 18, 2000, the Board of Trustees is the Administrator and has the authority to delegate responsibility for administration.

Amended Mar. 2004, Effective Jan. 1, 2005 Effective January 1, 2005, the Pension Office shall be the Administrator.

 

A.4 Benefit(s)

 

Amounts payable under this Plan or a Previous Plan.

 

A.5 Church

 

The Anglican Church of Canada.

 

A.6 Coverage, Covered

 

Protection under this Plan.

 

A.7 Disabled

 

A state of incapacity due to Disability.

 

A.8 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:
Amended Mar. 2004, Effective Jan. 1, 2005 (a) a member of the General Synod Pension Plan or the Lay Retirement Plan of tThe Anglican Church of Canada; or
Amended Mar. 2004, Effective Jan. 1, 2005 (b) eligible to be a member of the General Synod Pension Plan of tThe 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.

 

A.12 Employee

 

An Eligible Employee who is Covered under the Plan.

 

A.13 Employer

 

A Participating Employer who employs a particular Employee.

A.14 Reserved

 

 

A.15 Fund

 

The fund maintained in accordance with Section F of the Plan.

 

A.16 Illness

 

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.

 

A.18 Injury

 

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

New section
Oct. 13, 2001

A.20 Medical Consultant

 

A Medical Consultant is any duly licensed medical doctor retained by the Administrator to provide medical direction to the Plan, including, but not restricted to, communicating directly with any Physician involved in the treatment of an Employee covered under the Plan.

Renumbered
Oct. 13, 2001

A.21 Mental Illness

 

An Illness where the Employee is receiving continuous treatment from a Physician who is certified to practice as a Psychiatrist.

Renumbered
Oct. 13, 2001

A.22 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.

New section
Oct. 13, 2001

A.23 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 be considered partially disabled as long as such employment results in remuneration that is more than 40% but not more than 80% of his or her pre-disability Salary.

Renumbered
Oct. 13, 2001

A.24 Participating Employer

 

The General Synod of the Church and all dioceses, parishes and organizations of the Church which participate in the Plan.

Renumbered Oct. 13, 2001

A.25 Pension Committee

 

The Pension Committee of the Church.

Renumbered Oct. 13, 2001

A.26 Physician

 

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 his or her license.

Renumbered Oct. 13, 2001

A.27 Plan

 

This Long Term Disability Plan effective January 1, 1994.

Renumbered Oct. 13, 2001

A.28 Plan Anniversary

 

August 1, 1998 and August of each subsequent year.

Renumbered Oct. 13, 2001

A.29 Plan Benefit(s)

 

See "Benefit(s)".

Renumbered Oct. 13, 2001

A.30 Plan Year

 

Effective July 31, 1998 and any subsequent period of 12 months beginning on a Plan anniversary.

Renumbered Oct. 13, 2001

A.31 Premium Payment

 

Any payment made by an Employee for provision of Coverage under this Plan.

Renumbered Oct. 13, 2001

A.32 Previous Plan

 

The Long-Term Disability Plan administered for the Church by the North American Life Assurance Company under contract number NG 01003662.

Renumbered Oct. 13, 2001

A.33 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.34 Salary

Renumbered Oct. 13, 2001

( a) Subject to the following paragraph (b), Salary means an Employee's monthly earnings for pension purposes as defined by the provisions of The General Synod Pension Plan or Lay Retirement Plan, on the date Disability begins.

(b) For purposes of this Plan, Salary does not include any increase in compensation attributable to an Employee’s temporary assignment for a period not exceeding 12 months to a position other than the Employee’s normal occupation.

Renumbered & amended Oct. 13, 2001

A.35 Total Disability or Totally Disabled

 

An Employee is considered Totally Disabled if:

(a) he or she is unable to perform, as a result of medical restrictions and limitations, the usual and customary duties of his/her own occupation, or any suitable work made available by the employer, and is not working at any other job (except as may apply under Rehabilitation Provisions), during the 24 months following 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.

 

(b) thereafter, while it prevents him or her from performing the duties of any occupation for which he or she is fitted by education, training or experience, and which would generate earnings of at least 66-2/3% of his or her predisability Salary .

 

 

The Employee must be under the regular care of a Physician during the period of Disability. Treatment must be considered appropriate by the Medical Consultant for the nature and severity of the disabling condition or conditions, which may require participation by a Physician who is a recognized specialist in the ongoing care and treatment of one or more of the disabling conditions, and must be prescribed by and performed by a certified specialist for the condition involved. From time to time, the Employee may be required requested by the Administrator to undergo an independent medical examination by a Physician designated by the Administrator to provide establish proof of continuing Disability.

New section Oct. 13, 2001

A.36 Transitional/Modified Work

 

Transitional or Modified Work is that which accommodates the medical limitations of the Employee and is designed to allow the Employee to return to regular duties through a program of work hardening or conditioning.

 

A.37Trustees

Amended Mar. 2004, Effective Jan. 1, 2005

The Board of Trustees established pursuant to section 5 of Canon VIII and "Trustee" means a member of the Board of Trustees.

 

 

SECTION B
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.

New section Oct. 13, 2001

B.8 Employee's Responsibility during Total Disability

 

During any period of Total Disability, the Employee must make every effort to:

 

(a) recover from the disability, including participating in any appropriate treatment, Rehabilitation Program or Transitional/Modified Work made available by the Employer, which is approved by the Administrator in consultation with the Medical Consultant and the treating Physician(s).

 

(b) obtain training considered necessary by the Administrator in order to qualify for another occupation, if it becomes apparent that the Employee will not be able to return to his or her own occupation within the first 24 months for which benefits are payable.

 

(c) obtain benefits that may be available from other sources as identified in C.3 Coordination of Benefits.

 

The Employee's failure to comply with these responsibilities may result in the delay, withholding or discontinuation of benefit payments


 

SECTION C
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.

 

If 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.3Coordination 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.

 

less

 

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,

 

less

 

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 occur:

 

(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;

New section
Oct. 13, 2001

(g) the Employee refuses to participate in Transitional/Modified Work deemed appropriate, when approved by the Administrator and the Medical Consultant;

New section
Oct. 13, 2001

(h) the Employee ceases to reside in Canada or is away from Canada for more than 6 consecutive months for any reason, unless the Administrator agrees in writing, in advance, that benefit payment will continue during such absence;

 

(i) the Employee fails to sign or comply with a repayment agreement as requested by the Administrator;

 

(j) the Employee dies;

 

(k) 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:

Amended
Oct. 13, 2001

(a) other paid employment is undertaken under the supervision of a qualified Physician, and

(b) the arrangement is acceptable to the Administrator.

New Section
Oct. 13, 2001

To be regarded as Partially Disabled, the Employee's earnings from such employment must be more than 40% but less than 80% of his or her pre-disability Salary, based on his or her regular pre-disability work week but not exceeding a forty hour work week.

Amended
Oct. 13, 2001

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 gross earnings from the new employment, plus any amounts paid from the sources listed in paragraph C.3, exceeds 85% of his or her salary pre-disability Net income.

 

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 the earliest of::

 

(a) the date the Employee is able to return to the duties of his or her normal occupation, or

 

(b) the date on which 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.

 

C.7 Exclusions

 

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.

 

 

SECTION D
REHABILITATION PROVISIONS

 

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.

New section
Oct. 13, 2001

The Employee should be able to support him or herself in any commensurate occupation after being in such a program, without consideration to the availability of such employment.

New section
Oct. 13, 2001

The Administrator is under no obligation to approve a Rehabilitation Program proposed by an Employee.

An Employee who, without reasonable cause as determined by the Administrator, refuses to participate in a Rehabilitation Program recommended or approved by the Administrator, will no longer be entitled to Benefits.

D.2 Payment of Benefits

Amended
Oct. 13, 2001

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 ( which will not be unreasonably withheld), 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.

New section
Oct. 13, 2001

The Administrator will inform the Employee in writing of the terms under which payment for the cost of the program will be made. This will include the type of expense which will be covered and when they may be incurred.

New section
Oct. 13, 2001

Expenses will not be provided to the extent coverage for such expenses is required, or is available at no cost, to the Employee under a law or governmental program that provides rehabilitation.

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.

 

 

 SECTION E
CLAIMS PROVISIONS

 

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.

 

E.8 Currency

 

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.

 

E.10 Assignment

 

The Employee may not assign Benefits to a third party.

 

 

SECTION F
PLAN FUNDING

 

F.1 Contributions

Amended Mar. 2004, Effective Jan. 1, 2005

F.1.1 Not later than 90 days following the beginning of each Plan Year the Administrator The Pension Committee, on the advice of the Actuary, will establish the rate of contributions (expressed as a percentage of Salary) required to be paid in thate Plan Year by Covered Employees. In preparing contribution advice to the administrator Pension Committee, 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.

Amended Mar. 2004, Effective Jan. 1, 2005

F.1.2 Each Participating Employer will collect the required contributions from its Employees and remit them to the Administrator for deposit with the Trustees, 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.

F.2 Reserves

Amended
Oct. 13, 2001

Within 90 days of each Plan Anniversary, or at such other intervals as determined by the Pension Committee, 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.

 

 

SECTION G
FUND MANAGEMENT

 

G.1 Establishment of the Fund

Amended Mar. 2004, Effective Jan. 1, 2005

The Administrator Trustees 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.2 Appointment of a custodian

Amended Mar. 2004, Effective Jan. 1, 2005

The Administrator Trustees will enter into an agreement with a custodian for the safe-keeping and administration of the assets of the Fund in excess of amounts required to meet Benefits and Plan expenses.

 

G.3 Investment of the Fund

Amended Mar. 2004, Effective Jan. 1, 2005

G.3.1 The Administrator Trustees 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 Trustees will not be restricted to investments that would otherwise be permitted for monies held in trust. *[NTD: Note that this provision gives the Pension Committee the right to instruct the Trustees in the investment of the assets of the LTD Fund. The Pension Committee does not have this right with respect to the Pension Funds.]

Amended Mar. 2004, Effective Jan. 1, 2005

G.3.2 The Administrator Trustees may delegate its their responsibilities with respect to the investment of the Fund to a bank, trust company and/or investment counsel firm, and such organization will be required to invest the assets of the Fund in accordance with paragraph G.3.1.

 

G.4 Payments from the Fund

 

The Administrator will authorize the payment from the Fund of the following amounts:

 

(a) Benefits payable under the Plan;

Amended Mar. 2004, Effective Jan. 1, 2005

(b) administrative expenses and fees incurred in the operation of the Plan and Fund including but not limited to costs incurred by the Pension Committee, the Administrator and the Trustees 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.

Amended Mar. 2004, Effective Jan. 1, 2005

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 Trustees, the Pension Committee or any of their agents or employees , the Central Advisory Group, or any member, director, officer, employee or agent thereof, in respect of the operation of the Plan or on account of the inability of the Fund to provide Benefits.

Amended Mar. 2004, Effective Jan. 1, 2005

G.5.3 Neither the Pension Committee, the Administrator , the Trustees, nor any director, officer, member, employee or agent thereof, shall be liable for any negligence or honest error of judgement, nor be personally 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 , the Trustees, the Central Advisory Group, or any member , director, officer, 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 willful misconduct. Neither the Pension Committee, the Administrator , the Trustees, the Central Advisory Group nor any member , director, officer, 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 Liability insurance may be obtained for the persons referred to in this section G.5.3 and the premiums for such insurance paid out of the Fund.

 

 

SECTION H
GENERAL PROVISIONS

 

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

Amended Mar. 2004, Effective Jan. 1, 2005

(c) it will pay to the Administrator on behalf of the Trustees 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.

 

 

SECTION I
TRANSITIONAL RULES

 

I.1. Notwithstanding any other provision of this Plan, if at any date the General Synod ceases to exist (“the transition date”), the following transition rules apply:

 

(a) Any reference to “Pension Committee” shall mean a committee consisting of the persons who, immediately before the transition date, served as members of the Pension Committee of the General Synod. Such committee shall report to the Office of the Primate; who shall have the power and authority to remove and appoint members of such committee from time to time.

 

(b) “Trustees” or “Board of Trustees” means the persons who served as Trustees of the Plan immediately prior to the transition date. The Pension Committee shall have the power and authority to remove and appoint members of the Board of Trustees from time to time.

 

(c) Any reference in the Plan to the duties or responsibilities of the General Synod or the Council of the General Synod shall be read as a reference to the person holding the Office of the Primate.

 

(d) In the event that Canon VIII of the General Synod ceases to have force and effect, all provisions thereof immediately prior to the transition date which relate to the operation and administration of the Plan shall be considered to be part of this Plan, subject to such changes as are necessary to achieve consistency with these transition rules.

 

I.2. For purposes of determining the "transition date” under Regulation I.1, the General Synod will be deemed to have ceased to exist upon the occurrence of any of the following events:

 

(a) Dissolution - The General Synod is wound up, dissolved or liquidated under any law or otherwise, or becomes subject to any provision of the Winding-Up and Restructuring Act (Canada) which has the effect of removing management or control of its functions from the General Synod, or has its existence terminated in any other manner.

 

  • Insolvency-The General Synod makes a general assignment for the benefit of its creditors or is declared or becomes bankrupt under the Bankruptcy and Insolvency Act ( Canada).

 

  • Appointment of Trustee or Receiver - Any interim receiver, receiver, receiver and manager, custodian, sequestrator, administrator or liquidator or any other person with similar powers is appointed in respect of the General Synod, or the General Synod's property, assets and undertaking ("Property") which has the effect of removing management or control of its functions from the General Synod.

 

  • Enforcement Against General Synod Property - Any holder of any security interest, mortgage, lien, charge, claim, trust or encumbrance enforces against, delivers any notices relating to its rights or its intention to enforce against, or becomes entitled to enforce against, or otherwise takes possession of, the Property or the interest of the General Synod therein, or any part thereof which has the effect of removing management or control of its functions from the General Synod; or

 

(e) Loss of Control-The General Synod, for any other reason, fails to remain in management and control of its functions.

 

 

 

BENEFIT SCHEDULE

 

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

Amended Mar. 2004, Effective Jan. 1, 2005

This Plan is adopted by the Pension Committee of tThe Anglican Church of Canada as of January 1, 1994.

 

_______________________________________________________

 

Chairperson, Pension Committee date