Canons of the Diocese of Montreal

Canon 24 - Main Page

• Section 1
• Section 2
• Section 3
• Section 4
• Section 5
• Section 6
• Section 7
• Section 8
• Section 9
• Section 10
• Section 11
• Section 12
• Section 13
• Section 14
• Schedule A
• Schedule B

1.1 "Active Service" shall mean service as a Bishop or a Member of the Clergy while not in receipt of pension from this or any other Church Pension Fund.

1.2 "Actuary" shall mean a person qualified as a Fellow of the Canadian Institute of Actuaries, or an organization employing such a person, appointed as Actuary for the Plan by the Committee.

1.3 "Actuarial Equivalent" shall mean a benefit of equal value based on the age and sex of the person concerned and on the mortality table and interest rate adopted for this purpose from time to time by the Committee on the recommendation of the Actuary, subject to any requirements of the Supplemental Pension Plans Act and the Income Tax Act.

1.4 "Bishop" shall mean the Diocesan Bishop and any Coadjutor or Suffragan of this Diocese.

1.5 "Child" shall mean any person under the age of eighteen years who is the child of a Pensioner, or legally adopted, or who is the child of the spouse by a former marriage and dependent upon the Pensioner for support.

1.6 "Church" shall mean the Anglican Church of Canada.

1.7 "Clergy" or "Member of the Clergy" shall mean every person in Holy Orders who is

1. licensed by the Bishop of this Diocese to any incumbency or other duty or office in the Diocese, on a full-time or part-time basis, or on leave, except non-stipendiary clergy, or
2. temporarily on loan to another diocese with the concurrence of the Bishop for a specified period, not exceeding 3 years, and who is not a member of any non-government pension plan which may be available to that person

1.8 "Committee" shall mean the Pension Committee appointed as specified in Section 11. The powers and duties of the Committee shall be as specified in Section 11.

1.9 "Commuted Value" shall mean a lump sum amount which is the Actuarial Equivalent of the present or future benefits that a person has a right to receive.

1.10 "Credited Interest" shall mean from January 1, 1990:

1. interest on a Member's required personal assessments compounded annually and calculated:
   1. at the end of each Plan Year, on the balance of personal assessments at the beginning of the Plan Year, at a rate equal to the average of the yields of five year personal fixed term chartered bank deposits (CANSIM series B 14045) for that Plan Year; plus
   2. at the end of each Plan Year, on the balance of personal assessments made during the Plan Year, at a rate calculated in accordance with subsection (a) above, applied on a pro-rata basis; plus
   3. at the end of the month in which the Member separates from Active Service, on the balance of personal assessments at the beginning of the Plan Year, and the balance of personal assessments made during the Plan Year, at a rate equal to the average of the yields of five year personal fixed term chartered bank deposits (CANSIM series B 14045) for the preceding calendar year for the portion of the Plan Year before the Member separates from Active Service, applied on a pro-rata basis.

2. interest on a Member's excess personal assessments as defined in Section 5.8 (2) compounded annually and calculated from the date of determination of such excess personal assessments to the end of the month in which the amount of such excess personal assessments is transferred out of the Pension Fund or used to purchase an additional pension, at a rate equal to the average of the yields of five year personal fixed term chartered bank deposits (CANSIM series B 14045) for the preceding calendar year, applied on a pro-rata basis;

3. interest on the Commuted Value of any pension benefit paid or transferred out of the Pension Fund compounded annually and calculated from the date at which a determination is required to the date of payment or transfer at the rate used to determine the Commuted Value;

1.11 "Diocesan Council" shall mean the Diocesan Council appointed by the Synod pursuant to its Canons, Rules and Regulations.

1.12 "Diocese" shall mean the Diocese of Montreal of the Anglican Church of Canada.

1.13 "Disabled Member" shall mean a Member who is Totally and Permanently Disabled.

1.14 "Eligible Spouse" shall mean a person of the opposite sex who, at the earlier of the date of retirement or the date of death of the Member, the Disabled Member or the Past Member is defined as a spouse according to the Supplemental Pension Plans Act.

1.15 "Fund" shall mean the Pension Fund of the Diocese of Montreal as described in Section 12.

1.16 "Income Tax Act" means the Income Tax Act, statutes of Canada and the Regulations thereunder and where applicable includes the provisions of the Information Circular 72-13R8 issued by the Department of National Revenue, as amended or replaced from time to time.

1.17 "Member" shall mean any Bishop or any Member of the Clergy, in Active Service, who is not more than twelve months in arrears in the payment of any assessment payable under these Regulations.

1.18 "Normal Pension Date" shall mean as defined in Section 4.1

1.19 "On leave" or "Leave of absence" shall mean the absence of a Member of the Clergy from duty in the Diocese with the approval of the Bishop and the knowledge of the Committee.

1.20 "Parish" shall mean any charge, mission, congregation or office in the Diocese.

1.21 "Past Member" shall mean a former Member no longer in Active Service and who is entitled to receive a deferred pension under Section 7.

1.22 "Pensionable Service" shall mean the sum of:

1. the years of active service in the ordained ministry in the Diocese in respect of which the Member has paid full Personal Assessments;
2. the additional service provided under Section 8.1 of these regulations;
3. the period during which a Disability Pension was received by a Disabled Member, but not beyond the Normal Pension Date;
4. the fractions of years of active service in the ordained ministry during which, with the concurrence of the Bishop and the Committee, the Member has served in a part time capacity and the Member and the salary-paying source have been paying assessments in accordance with Section 9 based on the Member’s part-time salary, together with the fractions of years of Reduced Active Service in the ordained ministry, if any, during which, with the concurrence of the Bishop and the Committee, the Member and salary-paying source have also been paying assessments in accordance with Section 9 based on the amount of reduction in annual salary as referred to in Section 1.35.
5. the periods during which the Member was on a temporary leave of absence or unemployed but during which, with the concurrence of the Bishop and the Committee, the Member has been paying assessments in accordance with Section 9 based on the Member’s full-time annual salary as of the date immediately prior to commencing the leaves of absence or unemployment, unless such contributions are waived by the Committee based on the recommendation of the Bishop
6. the years of active service in the ordained ministry while on temporary loan to another diocese in accordance with Section 1.7(ii) and in respect of which the Member and the salary-paying source have been paying assessments in accordance with the Section 9(f).

In accordance with the limits specified in the Supplemental Pensions Plans Act and the Income Tax Act, the aggregate of the fractions of years of Pensionable Service granted under Section 1.22(iv) in the respect of Reduced Active Service and the years of Pensionable Service granted under Sections 1.22(v) and 1.22 (vi) shall not exceed five years.

1.23 "Pensioner" shall mean a former Member or Past Member or Disabled Member who is in receipt of a pension from the Fund.

1.24 "Plan" shall mean the Clergy Pension Plan of the Diocese of Montreal.

1.25 "Plan Year" shall mean the calendar year.

1.26 "Regulations" shall mean the Regulations governing the Plan as amended from time to time.

1.27 "Salary" shall mean the total of the following items received from or provided by Salary-paying sources, but subject to a minimum to be determined by the Committee:

1. the stipend or salary, before any deductions;
2. where free housing is provided or a housing allowance is paid, an addition of 25% of the stipend or salary, before any deductions;
3. where no stipend is paid, the deemed housing value.

1.28 "Salary-paying source" shall mean:

1. the Diocese, (in respect of a Bishop, staff who are Clergy, Bishop's Missionaries, Clergy serving in financially assisted parishes or Clergy who are remunerated only by a paid or deemed housing allowance);
2. a self-supporting Parish in respect of the Clergy serving therein;
3. any mission, institution, school or college, under diocesan control or by an agreement with the Diocese, in respect of the amount of Salary paid by it;

1.29 "Spouse Pensioner" shall mean the surviving Eligible Spouse who is in receipt of a pension from the Fund.

1.30 "Supplemental Pension Plans Act" shall mean the Supplemental Pension Plans Act of Québec and the Regulations thereunder, as amended or replaced from time to time.

1.31 "Synod" shall mean The Synod of the Diocese of Montreal.

1.32 "Total and Permanent Disability" means a physical or mental impairment which prevents a Member from engaging in any employment for which the Member is reasonably suited by virtue of his or 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.

1.33 "Trust Agreement" shall mean the agreement between

1. a trust company or an insurance company, incorporated under the laws of Canada or under the laws of a province in Canada, and
2. the Synod, governing the holding, investing and administering of the Fund in accordance with its terms and conditions.

1.34 "YMPE" shall mean, for a year, the level of annual earnings defined as the Year's Maximum Pensionable Earnings under the Quebec Pension Plan or the Canada Pension Plan, as the case may be.

1.35 "Reduced Active Service" shall mean, from January 1, 1996, the service of a Member whose employment has been reduced to part-time on account of the salary-paying source being unable to maintain the Member’s full-time stipend, and the fraction of year of Reduced Active Service shall mean that fraction obtained by dividing the amount of reduction in such annual stipend by the previous annual full-time stipend.

Words of the singular shall include the plural, unless the context specifically provides otherwise.

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