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S.M. 1997, c. 44
THE MUNICIPAL AMENDMENT ACT
(Assented to June 28, 1997)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Municipal Act is amended by this Act.
Clause 56(a) of the French version is amended by striking out "par kilomètre carré on" and substituting "par kilomètre carré ou".
Subsections 406(1) and (2) are repealed and the following is substituted:
406(1) In this section, "employee" means a person who
(a) is employed by a municipality; and
(b) meets the compulsory eligibility criteria for participation in a pension plan as set out in The Pension Benefits Act.
Every municipality must, by by-law, establish or participate in a pension plan for its employees.
In addition to pension benefits, a municipality may provide other benefits for employees, their dependents or their survivors through the same or separate plans.
Subsection 406(5) is repealed and the following is substituted:
A municipality must not terminate a plan established under this section, or cease to participate in a plan that it has participated in under this section, or pass a by-law to that effect, without the consent of
(a) the collective bargaining agent of the members of the plan who are also employees of the municipality, or if there is no collective bargaining agent, at least 2/3 of the members of the plan who are also employees of the municipality; and
(b) the board, as defined in section 407, if the board is in existence at the time of the proposed termination.
Sections 407 to 416 are repealed and the following is substituted:
In this Division,
"board" means The Municipal Employees Benefits Board continued under section 408; (« Commission »)
"board of trustees" means those persons appointed as trustees under a trust agreement; (« conseil de fiducie »)
"employee" means an employee as defined in subsection 406(1); (« employé »)
"fund" means the Municipal Employees Benefits Fund continued under section 409; (« Fonds »)
"plan" means the Manitoba Municipal Employees Pension Plan continued under section 409; (« Régime »)
"trust agreement" means an agreement described in subsection 410(2). (« accord de fiducie »)
The Municipal Employees Benefits Board is continued as a corporation consisting of the following persons appointed by the Lieutenant Governor in Council:
(a) one person who is not a representative of either municipalities or employees, who must be the chairperson;
(b) two representatives of municipalities;
(c) two representatives of employees.
The board shall have all the powers and duties it possessed immediately prior to the enactment of this Act and shall administer the plan in accordance with this Act.
Each member of the board holds office for a term fixed by the Lieutenant Governor in Council and thereafter until his or her successor is appointed.
Application of Corporations Act
The Corporations Act does not apply to the board, but the board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
The fund and the plan are continued and nothing in this Act shall be deemed to wind up or terminate the plan or fund in whole or in part.
With the approval of the Lieutenant Governor in Council, the board may vary or amend the plan.
The two representatives of municipalities referred to in clause 408(1)(b), or their successors, may, on behalf of the municipalities participating in the plan, enter into a trust agreement with a board of trustees, which board of trustees shall be constituted so that the number of trustees representing members of the plan is not less than the number of trustees representing participating municipalities or associations of municipalities, or their agents.
Plan and fund administration after execution of trust agreement
Upon execution of the trust agreement referred to in subsection (2),
(a) the assets of the fund shall vest in the board of trustees;
(b) the board of trustees shall administer the plan and fund in accordance with the trust agreement and The Pension Benefits Act; and
(c) the board shall cease to exist, and the Lieutenant Governor in Council shall have no power to administer, amend, vary or terminate the plan or fund.
In addition to pension benefits, the board of trustees may provide other benefits for employees, their dependants or their survivors through the same or separate plans or trust funds.
All municipalities and their employees participating in the plan shall be bound by the plan and the trust agreement.
All contributions of municipalities and employees under the plan must be paid to and deposited in the fund in accordance with the plan and the trust agreement.
The board of trustees may extend plan membership to its employees.
This Act comes into force on a day fixed by proclamation.