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2013-06-24_Agenda Packet--Dossier de l'ordre du jour � � � ��i,.' City of Saint John Common Council Meeting REVISED AGENDA Monday, June 24, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plai� utiliser I'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order- Prayer 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Municipal Plan Amendment to Correct Mapping Error Commerce 1 - 2 Drive/Consumers Drive Area (Recommendation in Report) 5.2 Proposed Public Hearing Date 2240 Red Head Road, 750 Somerset Street and 3 - 4 1954 Manawagonish Road (Recommendation in Report) 5.3 General Specifications - Policy Revisions (Divisions 2 & 6) (Recommendation in 5 - 14 Report) 5.4 2013 General Specifications Revisions (Recommendation: Receive and File) 15 - 17 5.5 Loch Lomond Road (Russell Street to Westmorland Road)- Road 18 - 19 Reconstruction (Recommendation in Report) 6. Members Comments Powered 6y:_��,[*]'^,[f�pF� .�±�r� ra 1 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 10. Consideration of By-laws 10.1 Stop-Up and Closure of Portion of King William Road for Lorneville Communtiy 20 - 29 Centre Signage 10.1.1 Third Reading Stop-Up and Close Portion of King William Rd 30 - 30 11. Submissions by Council Members 11.1 Rehabitat Inc. Presentation (Mayor Norton) 31 - 31 11.2 Conflict of Interest- Lawyer Representing Both the City and CUPE (Councillor 32 - 36 Fullerton) 11.3 Release of Sexual Offenders into the Community (Deputy Mayor Rinehart) 37 - 37 12. Business Matters - Municipal Officers 12.1 Agreement with NB Power for Back-Up Fire Protection Services at the Point 38 -45 Lepreau Generating Station 12.2 Enforcement and Resource Issues with a By-Law to Prevent the Feeding of 46 -48 Deer within the City Limits 12.3 Heart and Lung Act- Indexing 49 - 50 12.4 Boardwalk Cafe 51 - 54 13. Committee Reports 13.1 Saint John Parking Commission: Special Event Request- Five Hole for Food 55 - 65 Smythe Street Parking Lot 13.2 Saint John Parking Commission: Request to Present 66 - 73 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Turnbull Chapter New Brunswick- Battle of Britain Commemoration 74 - 74 2 16. Supplemental Agenda 16.1 Contract No. 2012-12 Simpson Drive New Curb and Sidewa/k 75- 76 17. Committee of the Whole 17.1 Committee of the Whole: City of Saint John Shared Risk Pension Plan 77 - 77 17.1.1 The City of Saint John Shared Risk Plan - Plan Text 78 - 126 17.1.2 Funding Policy as of January 1, 2013 127 - 146 17.1.3 Revised Recommended Resolution of Council 147- 147 17.1.4 Revised Pension Plan Text Blacklined 148 - 198 17.1.5 Revised Pension Plan Text- Final Version 199-248 17.2 Committee of the Who/e - G. Yeomans Vehicle Allowance 249-249 17.3 Committee of the Who/e: Outdoor Patio Request- Union Station Lounge Cify- 250-250 Owned Off-Street Right of Way- Sydney Street Parking Lot 17.4 Committee of the Who/e: Sta�ng-Acting Assistant Common C/erk 251 -251 18. Adjournment 3 � �J �. :f.._:�� / �Y„�.. I�'.�� ( .� � cv:'i'. "-1. 4� � � �• City of Saiut Jol�n Common Council MeeLing Monday June 24,2{113 Committee of the Wholc 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion de Conscil communal, veuillez contacter le bureau du grcfficr comrnunal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council/Committee will make a decision(s) in that respect in Open Session: 4:34 p.m. 8`� Floor Boardroom City Hall L 1 Labour Matter 10.2(4)(j) 1.2 Property Matter 1Q.2{4)(d) 13 Employrnent Matter ]0.2(4){j) ]..4 Property Matter 10.2(4)(d} 4 �zh�<<_ ��y{`j/ i.�. �` � `t�' _ c �!\ : The City of Saint John Seance du conseil communal REVISED AGENDA Le lundi 24 juin 2013 Salle du conseil, 18 h Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces-verbal 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Projet de modification du plan municipal visant a corriger les erreurs de cartographie commises— Secteur de la promenade Commerce et de la promenade Consumers (recommandation figurant au rapport) 5.2 Date proposee de la tenue d'une audience publique relativement au 2240, chemin Red Head, au 750, rue Somerset et au 1954, chemin Manawagonish(recommandation figurant au rapport) 5.3 Examen de la politique relative aux specifications generales (sections 2 et 6) (recommandation figurant au rapport) 5.4 Examen des specifications generales pour 1'annee 2013 (recommandation : accepter a titre informati� 5.5 Refection du chemin Loch Lomond, de la rue Russell au chemin Westmorland (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Fermeture et barrage d'un tron�on du chemin King William pour 1'affichage du Centre communautaire Lorneville 10.1.1 Troisieme lecture de 1'Arrete concernant la fermeture et le barrage de routes—tron�on du chemin King William 11. Interventions des membres du conseil 11.1 Presentation de Rehabitat Inc. (maire Norton) 11.2 Conflit d'interets—Avocat representant a la fois la Ville et le Syndicat canadien de la fonction publique (conseillere Fullerton) 11.3 Remise en liberte des delinquants sexuels dans la collectivite (mairesse suppleante Rinehart) 5 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Entente avec Energie NB — Services auxiliaires de protection contre les incendies a la centrale nucleaire de Point Lepreau 12.2 Problemes lies a 1'application et aux ressources en ce qui concerne 1'Arrete visant a empecher que 1'on nourrisse les chevreuils a 1'interieur des limites de la ville 12.3 Heart and Lung Act(loi sur le coeur et les poumons)—Indexation 12.4 Terrasse de cafes sur la promenade 13. Rapports deposes par les comites 13.1 Commission sur le stationnement de Saint John : Demande relative a 1'organisation d'un evenement special—Lance et compte contre la faim (Five Hole for Food), aire de stationnement de la rue Smythe 13.2 Demande soumise par la Commission sur le stationnement de Saint John visant a se presenter devant le conseil 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 New Brunswick Turnbull Chapter of the Canadian Aviation Historical Society—Commemoration de la Bataille d'Angleterre 16. Ordre du jour supplementaire 161 Contrat n° 2012-12 : Installation de nouvelles bordures et de nouveaux t�ottoirs sur la promenade Simpson 17. Comite plenier 17.1.1 Texte du regime a risque partage de The City of Saint John 17.1.2 Politique de financement (ler janvier 2013) 17.1.3 Modification de la resolution recommandee par le conseil 171.4 Regime de retNaite revise— Texte souligne 17.1.5 Regime de retraite revise— Ve�sion definitive 17.2 Comite plenier:Allocation pour fi°ais d'auto�nobile— G. Yeomans 17.3 Comite plenier: Demande de terrasse exteNieure— Union Station Lounge, emprises hors �ue de la Ville—Aire de stationnement de la r�ue Sydney 17.4 Comite plenier : Dotation en personnel— Greffiere communale adjointe par interim 18. Levee de la seance 6 �, "-•. - I ��_,�� ` ��T ��5'��..J��T�.�� , �l`f a=„ ;a� � M & C-2013 - 135 City of Saint ]ohn June 17, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendnnent to Correct Mapping Error Commerce Drive/Consumers Drive Arca BACKGROUND: At its meeting on June 10, 2013, Common Council authori7ed Harbary Holdings Inc. to make an application for a Municipal Plan arnendment with respect to the City-owned property located at 99 Commerce Drive(PID 55151336). The amcndmcnt is required in order to correct a mappin�error that occurred at the time of adoption of P1anSJ in 2012. At that time,thc subject property was inadvertently designated Stable Residential in the plan, notwithstanding that it is part of the Commcrce Park business park dcvelopznent that was rezoned to "BP" Busincss Park in 200�. ANALYSIS: Th.e application has now been rcceived, from Harbaty Holdings Inc., to amend the Municipal Plan by redcsignating the sui�ject property from Stable Re,sidential to Regional Retail Centre. In addition to the subject property, there are six other parcels of land at�ected by the 2012 mapping crror(see attached map}. All but one of the parcels are currenily dcveloped wi�h non-residential uses and are zoncd either"BP"Business Park or"T-1"Light Industrial. It would therefore be appropriate at this time to include these parcels of land as part of the proposed Municipal Plan amendment. 1 � M&C-2013-135 -2- June17,2013 RECOMMENDATION: That Common Council initiate the process for consideration of an amcndrnent to the Municipal Plan to correct the mapping erz-or with respect to thc additional properties in the Commerce Drive/Consumers Drive area i1]ustrated on the attached map,being PID numbers 55149777, 55151310, 55200430, 55200448, OOOOOQ04 and 00437772. Respectfully submitted, �_-��:�� Ainy Poffenroth, P. Eng., MBA Acting Commissioner Growth& Devclopment Services C 'S"� t�t 1;,� i �� J. P 'ck Woods, CGA City Managcr RP � --�� /\/ >�, _ / `,� l� \ �'�`�i � �y�+ . 1`1 oaaa_�a '�. .� \�� _ ,� . � f _ _ .t.. ,� ,� d ,' 1 � • , � � �\ ,�� 7� ��.�e � / � �,, t ��' � � . -- ti s ��`�o- � S s� 1 '$ �Ot�' \ � u. ,��:�� '��.�� ; Q�� . .�{ � i �$ � dd� � �.,� ��. y�\�� n ae�� '� �\� {/��\ ' - � `� ,_��' w �y/�� ('�' �p �._,J'�:� .y (� d/ I_ �,� �� r. »��„�'Q,o. \�� °.�° �^ -/" �_ _'/ 5��' \�'�ci�'�0 \�cp.� F� !�.' j g �� `�%�, sv�� _ �� O � b'�� , '_:. � ' . � � �� :.-;� �� .� �� y � .�\� g\' � �� -\� ,, \ �pv i s�.,,. '� af�y �I• � .��\��`.. ..�� ` �Subjed SNe ��>>`y�@e��.dr/ �� v..\ a.��.. \ r-?AAtlitianalP�ope�ty � �1��`J �� ` °��° ��;, � \ 2 � � � �.��Q'�''�' sa,� C�l'�I��l'a1 ��:J�'�eT�.�� . .o� M&C-2013 - 136 � June 17, 2013 City o� Saint John His Worship Mayor Mel Norton and Members of Common Counci] Your Worshig and Councillors: SUBJECT: Proposed Public Hearing Date 2240 Red Head Road, 750 Somersct Street and 1954 Manawagonish Road BACKGROUND: As provided in Common Council's resolution of August 3,2004,this report indicaies the rezoning and Section 39 amendrnent applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at thc public hearings. The following applications have been reccived. Name of I.ocation Existing Proposed Reason A licant Zone Zone Cobalt 2240 Rcd Hcad "RFM" "I-2" To recognize Propertics Road an existing access road and permit an enCrance sign for Canaport Altus Group 750 Somerset "I-1" 3ec. 39 To pernut an (for Bell Street access road for a Mobility) telecommuni- cations tower City of Saint 1954 Manawago- "I-1" Sec. 34 'Fo permit a Jolzn nish Road municipal works depot RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Cobalt Properiies (2240 Red Head Road),Altus Group 3 M&C--2013-I36 -2- June17,2013 {750 Somersct Street) and City of Saint John(1954 Manawagonish Road) for Monday, July 29, 2413 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a rcport and recommendation. Respectfully submitted, �� . Amy Poffcruoth Acting Commissioner `�� J.��trick Woods, CG.A City Manager 4 �. E F` a R'T 'T +C� G 0 �V�. �I �J I'� C �7 �J N � � L .� � C�- M & C 2013 - 132 '�'��,,�, .-;��'.� � �i�:�, ` 4 ! '\ �,�� ya` � t.' c��;= •yC� 4 � June 14, 2013 V��:,'c- ,, The Cit}�of Saint John His Worship Mayor Mel Norton and Members of Coinrnon Council Your Worship and Members of Council: SUBJECT: General Specifications—Policy Revisions (Divisions 2 & 6) PURPOSE The purpose of this report is to propose that Council adopt the attached revisions to Division 2 — Instructions to Tenderers and Tendering Procedures and Division 6 - General Administration of Contract. BACKGROUND On November 17, 2003 (M&C 2003-310), Common Council adopted a Tendering Policy for Construction Contracts which included: Division 2 - Instructions to Tenderers and Tendering Procedures, Division 4 - Forn� of Tender, and Division 5 - Fonn of Agreement. On May 31, 2004 (M&C 2004-99), Council approved Division 6— General Administration of Contract. It was understood that from time to time it would be necessary to make improvements to the language of certain clauses of the General Specifications to ensure the docuinent continues to represent the best interests of the City. This has been done on several occasions since that time. ANALYSIS As a result of a review of General Specifications Division 2, 5 and 6, in consultation with the City's Legal and Purchasing Departments, it is recommended that the language of the current clauses of Division 2 (Instructions to Tenderers and Tendering Procedures), and Division 6 (General Administration of Contract) be enhanced. The revisions to the current clauses of Division 2 (Instructions to Tenderers and Tendering Procedures} and Division 6 (General Adininistration of Contract) are shown in red and are attached to this report. 5 M & C2013 - 132 June 14, 2013 Page 2 INPUT FROM OTHER SOURCES As has been the case for previous revisions (February 2005, March 2005, January 2007, March 2008, March 2009, No��ember 2009, March 2010, May 2011 and July 2012), the proposed policy changes contained in this report have been reviewed by and discussed with the City's Legal and Purchasing Departments. RECOMMENDATION It is recommended that Common Council: Adopt the attached revisions to the current clauses of Division 2 (Instructions to Tenderers and Tendering Procedures) and Division 6 (General Administration of Contract) of the City of Saint John General Specifications. Respectfully submitted, i �� , ��.-�._ ;.Pohn Campbell, P. Eng. Brian Keenan, P. Eng. / �Municipal Engineer Engineering Manager �%�-��r� � _ Wm. Edwards, P. ng. J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment 6 � a,.�� Division 2—Instruction to Tenderers and Tendering Procedures 2.2 MATERIAL DISCLOSURES(Cont'd) 2.2.05 Tax a} Tenderers are advised to make special note of all applicable tax procedures. b) The City is required to pay the Harmonized Sales Tax (HST). c) The total tendered amount shall include the appropriate taxes on all labour, material and equipment to be incorporated into the Work. d) Tenderers shall submit their Tenders on the basis that the total amount of the Tender shall include all taxes for which the City is liable. e) Any increase or decrease in costs to the Tenderer due to the changes in such taxes and duties, after the date of the Tender Closing, shall increase or decrease the value of the Contract accordingly. 2.2.06 Performance Guarantees Reauired Prior to Contract Execution Within five (5) Working Days following the City's notice of selection, the selected Tenderer shall provide fhe City with the required Pertormance Guarantees, in the form of either: a) A Performance Bond and a Labour and Material Payment Bond, each at fifty percent (50%) of the Tender Price covering the faithful perFormance of the full Contract. The bonds shall be in favour of The City of Saint John and show The City of Saint John as obligee;or b) A certified cheque in the amount of twenty percent (20%) of the Tender Price covering the faithful performance of the full contract. 2.2.07 Insurance Tenders should refer to Division 6 (section 6 8)for details regarding insurance requirements. May 2013 2_2 7 �t a,.,,..,.. Division 2—Instruction to Tenderers and Tendering Procedures 2.2 MATERIAL DISCLOSURES(ConYd) 2.2.08 WorksafeNB Certificate and Business Corporations Act Certificate a) New Brunswick Tenderers shail provide to the City a WorkSafeNB certificate which confirms proper registration and good standing with WorkSafeN6 and a Business Corporations Act Certificate which confirms proper registration and good standing with the Province of New Brunswick - Corporate Affairs within five (5) Working Days following the City's notice of selection. b) Out-of-province Tenderers shall provide to the City a WorkSafeNB certificate which confirms proper registration and good standing with WorkSafeNB or a letter or certificate issued under the equivalent applicable legislation in the province of origin of the Tenderer confirming extension of coverage from said legislation to the Province of New Brunswick for the term of the Contract. Subject to paragraph c), out-of- province Tenderers shall als� provide a Business Corporations Act Certificate which confirms proper registration and good standing with the Province of New Brunswick - Corporate Affairs within five (5) Working Days following the City's notice of selection. c) Tenderers from Nova Scotia may submit the appropriate Business Corporations Act Certificate from the Province of Nova Scotia. 2.2.09 IVew Brunswick Construction Safetv Association If the total Tender Price for the work, inclusive of HST, is five hundred thousand dcliars (�500,000.00) or more, Tenderers shall supply a Letter of Good Standing under the Certificate of Recognition Program from the New Brunswick Construction Safety Association. Out-of-Province Tenderers shall supply an equivalent from the Tenderer's Province of origin acceptable to the Engineer. 2.2.10 Timetable for Completion of the Work The Substantial Completion of the Work is May 2013 2_3 $ � Division 2—Instruction to Tenderers and Tendering Procedures a,.�� 2.8.03 Staqe 1: Evaluation of Mandatorv Requirements (Cont'd) h) The Tender does not include all required documents specified in the Form of Tender, does not comply with the provisions of the Tender Documents, or does not include the signature page{s) of all addenda issued to the Tenderers signed by the Tenderer. i) The Form of Tender contains a change in price that is not initialed by the person signing the Form of Tender. j) The Tender contains an unsolicited alternative or a qualification to the terms of the Tender pocuments. k) Where a Tenderer submits more than one Tender in response to the Request for Tender, all such Tenders shall be Disqualified. Tenders which are Disqualified by the Tender Opening Committee will be returned to the Tenderer at the address contained in the Tender or in person if the Tenderer is present at the Tender Opening. Tender Prices of Disqualified Tenders will not be announced at the Tender Opening. 2.8.04 Staqe 2: Evaluation of Tender Price Stage 2 will consist of a recording of the Tender Prices by the Tender Opening Committee. 2.8.05 Selection of the Successful Tenderer At the conclusion of Stage 1 and Stage 2 of the evaluation process and, subject to the approval of selection by Common Council and the reserved rights of the City, the selected Tenderer will enter into the Contract, as set out in the Tender pocuments. 2.9 NOTICE OF SELECTION AND EXECUTION OF CONTRACT 2.9.01 Selection of Tenderer Notice of selection by the City to the selected Tenderer will be in writing. Within five (5) Working Days following the City's notice of selection, the Tenderer shall provide to the City: a) those items listed at section 6.8.04 ("Insurance Policies and Certificates"); b) an executed Form of Agreement(Division 5); and c) the required Performance Guarantees pursuant to section 2.2.06 This provision is solely to the benefit of the City and may be waived by the City at its sole discretion. May 2013 2_�� 9 � Division 2—Instruction to Tenderers and Tendering Procedures �M w u.i Im 2.10.02 Tenderer Not to Communicate With Media and Pubiic(ConYd) Tenderers will notify the City of requests for information or interviews from the media. Tenderers will ensure that all of the Tenderers' Subcontractors and others associated with the Tenderer comply with the foregoing requirements. 2.11 RESERVED RIGHTS The City reserves the right to: a) Reject an unbalanced Tender. For the purpose of this section, an unbalanced tender is a tender containing a unit price which deviates substantialiy from, or does not fairly represent reasonabfe and proper compensation for the unit of work bid or one that contains prices which appear to be so unbalanced as to adversely affect the interests of the City. The City reserves the right to use tenders submitted in response to this Request for Tender or for other like or similar work as a guideline in determining if a bid is unbalanced. b) Amend or modify the scope of the Work, and/or cancel or suspend the Tender award, at any time for any reason; c) Require Tenderers to provide additional information after the Tender Closing to support or clarify their Tender; d) Not accept any or all Tenders; e) Not accept a Tender from a Tenderer who is itself, or whose principals, owners or directors are also pnncipals, owners or directors of aroiher entity which is, involved in litigation,arbitration or any other similar proceeding against the City; fl Reject any or all Tenders without any obligation, compensation or reimbursement to any Tenderer or any of its team members; g) Withdraw this Request for Tender and cancel or suspend the Tendering Process; h) Extend, from time to time, any date, any time period or deadline provided in this Tender (including, without limitation, the Tender Closing), upon written notice to all Tenderers; i) Assess and reject a Tender on the basis of: (i) information provided by references; (ii) the Tenderer's past performance on previous contracts; (iii) the information provided by a Tenderer pursuant to the City exercising its clarification rights under this Tendering Process; (iv) the Tenderer's experience with performing the type and scope of work specified including the Tenderer's experience as a general contractor; (v) other relevant information that arises during this Tendering Process; May 2013 2-13 10 � «,.,..,.b Division 6—General Administration of Contract 6.8.02 Automobile Insurance The Contractor shall insure and maintain insurance against liability for bodily injury and property damage caused by motor vehicles owned by the Contractor and used with respect to the Work. Such insurance shall have an inclusive limit of at least five million dollars ($5,000,000). For the purposes of this Contract, the definition of a "motor vehicle" shall be the same as the definition of a "motor vehicle" in the Motor Vehicle Acf, R.S.N.B., c. M-17, and amendments thereto. 6.8.03 WorkSafeN6 The Contractor shall pay such assessments as will protect the Contractor and the City from claims under the New Brunswick Workplace Health, Safety and Compensation Commission Act, 1994, S.N.B., c. W-14, and amendments thereto. The Contractor shall provide to the City a letter from WorkSafeN6 stating that the Contractor is in good standing and is fully covered under said Act, pursuant to section fi.8.04. 6.8.04 Insurance Policies and Certificates The Contractor shall, within five (5) Working Days following the City's notice of selection deliver the following: a) Insurance Certificates, acceptable to the City, indicating compliance with the Liability and Automobile Insurance requirements set out in the Contract; b) A Confirmation of Coverage in the form attached hereto as Schedule A detailing the items listed in Clause 6.8.01 — "Liability Insurance". The Confirmation of Coverage Form shall be attached to the Insurance Certificates; c) A certificate from WorkSafeNB which confirms that the Contractor is in good standing under the Workplace Health, Safety and Compensation Comrrtission Act, 1994, S.N.B. c. W-14, and amendments thereto; The WorksafeNB ce�tificate shall also be delivered: (i) At intervals of six(6) months during the course of the Contract; (ii) Sixty (60) days after the Certificate of Substantial Completion has been issued, and {iii) At the time of Final Payment. d) A Business Corporations Act Certificate which confirr�s proper registration and good standing with the Provinc,e of New Brunswick-Corporate Affairs; e) For Contracts with a Tender Price exceeding $500,000 00 (inclusive of HST), . the Contractor shall provide a current Letter of Good Standing or a Letter af Good Standing "In Process" under the Certificate of Recognition Program issued by the New Brunswick Construction Safety Association. Out-of- province Tenderers shall supply an equivalent from the Tenderer's province of origin, acceptable to the Engineer. May 2013 g_9 11 � Division 6—General Administration of Contract �,.,,�,�. 6.9 INDEMNITY 6.9.01 Agreement to Indemnifv and Hold Harmless The Contractor hereby indemnifies, defends and saves harmless the City, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, inciuding indirect, consequential and incidental damages, to persons or property which are or may be in any way related to, or connected or associated with the Work done or purported to be done in any manner under the Contract. 6.9.d2 Loss or Damaqe The Contractor hereby releases and forever discharges the City from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including direct, consequential and incidental damages to the Work or to any material, equipment or similar item to be used or incorporated in the Work, which are or may be in any way related to or caused by fire or any like circumstances. The Contractor shall properly guard the Work and make good all loss or damage of whatever nature or origin that may arise, until the Work is completed and the Certificate of Substantial Completion has been issued. After Subst�ntial Completion and during the Maintenance Per�od the Contractor shall remain responsible to make good on all loss or damage to tF�e Work except where such loss or damage is a result of negligence by the City. 6.10 LABOUR, MATERIALS, WORKMANSHIP AND TESTING The Contractor shall employ qualified personnel and pay wages in accordance with all applicable Federal and Provincial rules, requirements and legislation. All equipment, materials and workmanship described in the Contract shall be of the highest quality and in accordance with the Engineer's instructions and shall be subjected from time to time to such standard tests as the Engineer may direct at the place of manufacture or fabrication or on the Site. The Engineer may forbid the use of any materials if, upon delivery, they are found to be defective or if the Engineer considers them unsuitable for use or incorporation in the Work. The Contractor shall keep the Engineer fully advised of the order and delivery dates of materials. The Contractor shall, at no cost to the City, provide such assistance, instruments, machines, labour, and materials as are normally required for examining, measuring and testing the Work and the quality, weight or quantity of any material used for the Work. The Contractor shall also supply samples of materials before use or incorporation in the Work for testing, as may be required by the Engineer. The cost of doing so shall be deemed to have been distributed among and included in the Schedule of Quantities and Unit Prices. The Contractor hereby releases and forever discharges the City from and against any costs, claims, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages to persons or property which are, or may be in any way related to, or connected or associated with the rejection by the Engineer of such materials, and the removing of such materials from the Work and!or the Site. May 2013 �_�p 12 � Division 6—General Administration of Contract .L,d�M. 6.19.03 Certificate of Final Acceptance The Engineer shall issue a Certificate of Final Acceptance after the Maintenance Period has expired and the Engineer is satisfied that the Contractor has fulfilled all the requirements under the Contract. 6.20 PAYMENT CERTIFICATES 6.20.01 Interim Pavments At the end of each calendar month, the Contractor shall submit to the Engineer, for verification of the measurement, a fully itemized statement showing the estimated value of the work executed up to the end of the month. The itemized statement shall be broken down into the same sections as the Schedule of Quanfities and Unit Prices. A fuliy itemized statement of the values of the major items of materials on the Site which are intended for incorporafion into the Work may be submitted at the end of each calendar month, accompanied with receipts for all items submitted. Payment for ma�or �terr,s of materials on site but nof yet incorporated into the Work shall be at the Engineer's sole discretion. The statements shall be submitted on forms approved by the City and shall include: a) The amount of HST component included in the payment certificate; b) The Contractor's HST registration number; and c) The signature of an authorized representative of the Contractor. With each statement, the Contractor shall provide a Statutory Declaration to the effect that all expenses incurred by the Contractor in carrying out the Contract as at a date not greater than 45 days prior to the date of the statement have been paid. From each monthly statement, except the final statement, the Engineer will prepare and submit to the City an Interim Payment Certificate and will include therein an amount which the Engineer considers firm and reasonable in respect of the value of the Work executed and of the major items of materials on Site. The Ciiy shall retain money as a holdback in accordance with the New Brunswick Mechanics'Lien Act, and amendments thereto. For work done in respect of or upon, through or under a highway, including any road, road allowance, street, lane, thoroughfare, bridge and pier, the City shall retain from each progress payment an amount of fifteen percent(15%). Contracts in excess of$150,000 awarded to non-residents of New Brunswick are subject to an additional holdback of five percent (5%) of the Tender Price pursuant to section 8.1 of the New Brunswick Socia!Services and Educatron Tax Act, and amendments thereto. May 2013 6-16 13 � �.�..��, Division 6—General Administration of Contract 6.20.02 Holdback Release (Cont'd) c) All the amount retained for work done in respect of or upon, through or under a highway, including any road, road allowance, street, lane, thoroughfare, bridge and pier shall also be released sixty-one (61) after the Certificate of Substantial Completion has been issued, except that amount held for deficiencies, upon production by the Contractor of the documents referred to in paragraph a)above. d) Where the Contractor does not provide a Statutory Declaration or does not complete the Work as directed by or to the satisfaction of the Engineer, the City may withhold payment of the monies which would otherwise have become due, and during this time, the City shall not be required to pay interest. 6.20.03 Final Pavment The Fina) Payment Certificate will be issued after the Work has been completed to the satisfaction af the Engineer and as soon as the Contractor provides an up- to-dafe C(earance Certificate from WorkSafeNB and releases in writing the City from any and all further claims relating to the Contract. 6.21 LIQUIDATED DAMAGES FOR LATE COMPLETION Time is of the essence. In the event that the Contractor fails to complete the Work on the day fixed in the Contract for completion, or on the day to which the time for completion may be extended by the Engineer, the Contractor shall forfeit and pay to the City the sum of one thousand dollars ($1,OOd) for each calendar day of delay, as liquidated damages and not as a penalty. The payment recognizes both the extra cost to the City of the continued observation of the Work by the Engineer, andlor the loss of revenue or additional cost incurred by the City by virtue of the delay. The City may deduct the amount of such Liquidated Damages from any monies payable to the Contractor under the Contract. 6.22 BOOKS AND RECORDS OF THE CONTRACTOR AND SUBCONTRACTORS The Contractor shall keep proper books and records showing names, trades and addresses of all workers in the Contractor's employ and wages paid to and the time worked by such workers. Also records, books and invoices showing all costs and expenditures related to the Work must be made available to the Engineer upon request. All records of the Contractor, relevant to the evaluation of the Work, including payrolls, time books, books of account, invoices and statements, shall be maintained on the Site, or at some other place approved by the Engineer, and shall be open at all reasonable times for inspection by the Engineer. The Contractor shall in every way assist such inspection for the purpose of establishing and determining labour costs, the cost of additional work, and progress payments to be made. The Contractor shall require that any subcontractors, doing part of the Work in this Contract, shall keep proper books and records and make such books and records available for inspection in the manner as is required of the Contractor. May 2013 6-18 14 � � � c� �.�r fio co � � or� co � ��v � � �. �� .._.. � �,� s,�f`�-�7-�� / � � � , M&C 2013- 133 /. r�V Y- ' � � �' �� 3�� / �.',, ..k:,_ �,.yC ,M„-w — s_, ��;, June 14, 2013 The Citj�of Saint John His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council, SUBJECT 2013 General Speci�cations Revisions PURPOSE The purpose of this report is to provide Council with an update regarding the 2013 General Specifications Revisions. BACKGROUND The General Specifications is an inclusive document for stakeholders bidding and/or working on City of Saint John municipal construction contracts. The General Specifications are organized around a series of di��isions as identified below. The first five divisions are incorporated into each set of contract specification documents and, along with Division 6, are policies of Council. The remaining divisions fonn the technical General Specifications. Technical specifications are updated on an ongoing basis, as technologies and engineering methods evolve and with the inclusion of specialty clauses for particular engineering projects tendered. On November 17, 2003 (M&C 2003-310), Common Council authorized that the Chief City Engineer may, from time to time, revise the technical provisions (Divisions 7 —31), of the General Specifications. 1. Project Description 19. Crack Sealing Asphalt Pavements 2. Instructions to Tenderers and Tendering Procedures 20. Random Riprap 3. Particular Specifications 21. Restoration 4. Fonn of Tender 22. Culverts 5. Form of Agreement 23. Portland Cement Concrete 6. General Administration of Contract 24. Roadway Construction 7. Construction of Municipal Services 25. Chain Link Fencing 10. Water Systems 26. Landscaping 11. Sewer Systems 27. Asphalt Concrete 12. Manholes, Catch Basins and Valve Chambers 28. Chip Seal 13. Excavation, Trenching and Backfill Requirements 29. Gabions 16. Electrical Systems 30. Clay Brick Pavers 18. Expanded Asphalt Stabilization 31. Guide Rail and Guide Posts 15 M & C2013- 133 June 14, 2013 Page 2 ANALYSIS Between January 2013 and May 2013, Transportation & Environment Services undertook its annual General Specifications review process, concluding with a set of 2013 revisions for the General Specifications for use with all City of Saint John construction contracts. Staff continued to have dialogue with representatives of the Saint John Construction Association and local contractors / suppliers to receive input from users of the documents. The cominents and suggestions received were reviewed by our staff Specifications Review Committee and, where appropriate, revisions were incorporated into the technical divisions of the General Specifications. A draft set of the 2013 General Specification revisions were recently forwarded to the Saint John Construction Association for their review and comments prior to finalizing the revisions. A summary of the 2013 i•evisions to the technical sections of the General Specifications is attached to this report. A notice will be forwarded to stakeholders (contractors, consultants, staff, etc.) advising them that the 2013 General Specifications will be available for downloading fi�om the City of Saint John's v�•ebsite. This notice will also serve as a reminder to stakeholders that the City encourages the submission of cominents and/or suggestions for proposed re��isions to the General Specifications document. It is understood by stakeholders that the revised General Specifications are to be used in conjunction with individual contract construction specifications and recognized authorities governing best practices for inunicipal engineering. The process to maintain an up-to-date specification is one that is ongoing. Stakeholders are encouraged to contribute their comments in writing at any time. RECOMMENDATION It is recommended that Cominon Council receive and file this report. Respectfully subinitted, '� � � w�- .� � .� �� ,�ohn Campbell, P. Eng. Brian Keenan, P. Eng. Municipal Engineer Engineering Manager i!��a�'�` Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner, City Manager Transportation and Enviromnent 16 �L��° MUNICIPAL OPERATIONS /;'°"� � �i &ENGINEERING nrs or s.��im CITY OF SAINT JOHN GENERAL SPECIFICATIONS— LIST OF 2013 REVISED TECHNICAL SECTIONS SECTION TITLE 10.4.03 Gate Valves 10.4.06 Valve Boxes and Valve Chambers 10.4.08 Service Boxes 10.4.15 Couplings 10.4.16 Tapping Sleeves 10.4.17 Pipe Restraint for Mechanical Joint(MJ) Fittings 10.4.19 Service Saddles 11.6.01 Measurement for Payment 16 Electrical Systems (General Revisions) 21.5.06 D ri vewa ys 23.4.01 General 27.5.07 Placing Hot-Mix Asphalt May 2013 Page 1 of 1 17 REPOR'T 'TU C � �. � � �I � O� UI� � IL . � .��'.��`-`i.�fi�G� �� n�h��.=;, � ��; �� :,,�.� M & C 2013 - 131 ,,r��..__k-,__ .;.� � � ��I�H � �W June 11, 2013 � The Cit}�of Saint John His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Loch Lomond Road (Russell Street to Westmorland Road) — Road Reconstruction BACKGROUND The 2013 General Fund and Water & Sewerage Utility Fund Capital Programs include projects for the renewal of the watennain, sanitary and storm sewers and road reconstruction on Loch Lomond Road from Russell Street to Westmorland Road, including the reconstruction of the intersection at Westmorland Road complete with new traffic lights. Also included is the renewal of the sanitary and storm sewers on Atlantic Avenue. In addition, new water transmission mains will be installed for future use on Loch Lomond Road from Russell Street to Westmorland Road as well as from Russell Street to Westmorland Road via Atlantic Avenue and an existing municipal services easeinent. As part of the project, tlie existing above ground utilities on Loch Lomond Road between Saint Catherine Street and Westmorland Road will be relocated from the north side of Loch Lomond Road to the south side. This relocation is required due to the reconfigured Loch Lomond Road and West�norland Road intersection. This will also serve to remove the existing poles that are located within the sidewalk on Loch Lomond Road, which currently restricts usage and interferes with the City's ability to maintain the sidewalk. ANALYSIS Saint John Energy is the primary utility that supplies and installs the wiring and related equipment necessary to relocate the existing above ground utilities. Saint John Energy is providing the necessary design, management and administration of the relocation of the above ground utility. Saint John Energy has provided an estimate for the cost to relocate the existing above ground services. The utility carries out the necessary work under Purchase Orders issued by the City of Saint John. 18 —� M & C2013 - 131 June 11, 2013 Page 2 FINANCIAL IMPLICATIONS The cost to relocate the existing above ground utilities from the north side to the south side of Loch Lomond Road is estimated at $159,461.34 including HST. This amount is included in the budget for the project. RECOMMENDATION It is recommended that Common Council authorize Purchasing and Materials Management to issue a Purchase Order to Saint John Energy in the amount of$159,461.34 to proceed with the work as outlined in this report. Respectfully submitted, � �. . / � ; � � Kevin O'Brien, P. Eng. Brian Keenan, P. Eng. Municipal Engineer Engineering Manager �f�-`Z'l2%,°v`�'`��-. m. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment 19 1 '�. � r1 r 1�I-*, rti1� �1e� ��`��'rT.'•, �'�3�� TT� �'1.1 �� ..�isr�i...�'�. ..J, � �.1� ...�:.3'1`��1�_1��.s'��`i �lJ'1�J 1'�T��. 1__�.1 M & C#2013-139 � -°� � June ]8, 2013 City of 5aint John His Worship Mayor Mel Norton and Memi�ers of Cornmon Council Your Worship and Councillors: SUBJECT: Stop-Up and Closure of Portion of King William Road for Lorneville Community Centrc Signage BACKGROUND: ln October 15th of 2012 Common Council received thc following information; A representative of'the Lorneville Community unc�Rec�eation Associution has been working u-ith the Saint John Industriul Parks in an effort to re��ew it.c Lorneville Communitysign. The e�istingsign is old and tired. TheAssociation's vision is a renewed and improved sign along with three flag poles and surs�nunding lanc�'.scaping. The improverrtents would be placed adjacent to the Lnrneville Convenience Store where the existing sign resides. Upon review of this proposal, it was determinec�the ea isting sign is within the street right-of-way limits; as such, there is a necessiry to stop-up and close that portion of�the non- travelled street right-of-wuy unc�license same foj°the installation and maintefzance af the imp��ovements. ANALYSIS: The subject parcel of land comprising 217 square �netres is beyonr�the area presently utilized f�r the trc�velled portion ofKing William Road orLorneville Rnad. The present landscaped area with signage is aPproximately 8.0 melres fr�om the travelled surf'ace of Lorneville Raac�and I2.0 metres,from King William Road. The area "to be closed"��ill have similar separatiorr fi•ona the tx•o roads. Municipal Operations have no objection to this area ofKing Williana Road being stopped�up and clnsed for the intended purpose. A further�e�ort will be prepared for Council on the pa��ticulars of the licence agreement once the details are finalized. The recommendation containecl in this report will facilitate the proce.ss to initiate the street closure of the subject p�roperty. 20 Stop-Up and Closure of King William Road -2- June 13,2013 Council subsequently resolved; 1. That the Public.Hearing for the consideration of the pussing of'a By-law to Stop Up and Close a 217 sguare metre �pvrtion o�f'a puhlic street known as King Williajn Road, be.ret fo�-Monc�ay, November 19, 2012 ut 7:00 p.m. in lhe Council Chanzber; and 2. That Common Council authorize the publishing of a notice nf�the intention to consider passing of such By-law. On November 19th, 2012 Comrnon Council gave l St and 2nd reading to stop up and close the 217 sq. rn. +/-portion of King William Road (M&C #2012-253). Council was advised that the third reading should be witl�held until such time that the I,zcense Agreement between the City of Saint John and the LorneviJ�e Coinmunity and Recreation Association Inc. had been executed. Attached to M&C #2013-139 please fmd a duly executed copy of the Licence. The following recommendation will complete the Licensing process and the Lomeville Comxnunity will be in a position to make the dcsired improvements to the entrance to the Lorneville Community. RECOMMENDATION: That The City of Saint John enter into the Licence Agreemcnt as attached to M&C #2013-139 for$1 and further that the Mayor and Comrnon clerk be authorized to execute any documcnt(s) necessary to finalize this transaction. Res ctfully,subrnitt�d, � Brian lrving, BBA Managcr, Rcal �state�Services Cathy Graham, CGA Acting Commissioner Finance and Administrative Services J. Patrick Woods, C.G.A. City Manager Attachments 21 THiS LfC�NC�made as of the da�r o� , 2092. BY AND �EJWEEN: THE CIT's' C)F S,A1NT �0�13'� �aving its City Hal� at 'f� Markst Square, Saint John, New �irunswick, a bociy carpnrate by Royal i:.hai ter, can€irmed and amended by Acts of th��.egisl�Sive Assemt�ty of fite Provi«ca of New Brt�nswick, hereinafter called the "City"of#he frst part; -and— �.4FtN�VILLE C�iJtPnUNITY &. R�Ci�i�ATfCf�! r'�SSdC1A�"it�►+i IF!G., a bady car�orate dUly incorporatet� under the (aws of ihe Province af New Brunswick, having its head office in the City af 5alni John in tite County of Saint ,?oh�� and Province of New Bruns�=rick, hereinafter called "Lor+zeville" of the other part. WH�R�AS the City is the ow�er of the iands described in Schedule A att�ched hereto; ar�d WHEREAS Lomeville has applied to tfie City for permission to place a sign artd three (3)fiag poles together with associated IancEscaping 4the "Improvements°) upan the said lands; and WH�RE�{S the Cornman C�u�cif of the Ci#y of Salnt Jahn at a meeting held �C*; /,�� , zp�2, ��ioptecf the following resolution, namsly:- 1. Thai the Aul�lic Hearing for the eonsideration of the}�assing�f a By-law tv Stop Up and Cjose a 217 squarc metrc t porlion of a�ublic street known as King William Road, bc s�t for Monday,November �9,20�]2 at 7:00 p_i��.in the Council Charr�ber; and 2. That Common Go�ncil authari2e the publishing of a notice af the intention to cansider passing of such By-l�r�✓. WHEREAS the locatian and design �f#he said sign have besn approv�d by the said Common CaunciE resoiution; NflV�! TH�RE�ORE TF�IS LfCENCE YVI7NESS�TH tha#for and in consid�ration of tt� sum t�f C]ne E�afiar ($'[.flfl} o# �av�rful maney nf Canada now paid by �c�mev�lle to the City and ot�er good and vaEuab�e consideratior�as herPinafter pra��ded to be paid by Lai-r�evil[Q to fhe CEty, thc City dc��s hereby give, subj�Ct to the terms, oonditionb, 22 Licence Elgresment The City of SaU�t.fohn r�nd Lamevill�Cammu�idy�Recne�tion fissaciAtian 1nc. Pags 3 Licenc;e on the 3Q day df June in �ach and �very year, b�gir�nEng Jurie 30, 2013, an �mount eyu�l tQ t#�e amount af rnoney whici� would be payable as real pra�erty fax levieci kg�inst the iancis describ�4d m Schedule °A' under SPCYiar�s 5(1}, �(?3, �(z 402}. 5(�.0'[}and 5(�.0�}nf the Res!Properfy Tax�1c1. S.N.�, c. R-2, a& �mended. ar a;�y act en�tcted in lieu thereof, by any owner iherer�f, ather than a, municipaiity Lomeviiie shalf cpm�ly wii� alt terrns w�hich might be ir;�posed u�on its use of the licenced premis�s by tt�� Planning Advisory Cflrnmitfee of the City flf Saint John and #he :�ngine�rinq UeparErner�f af the City af Saint John. ft is mutualfy agreed by a�d befiu�en the C'sfy and L4mevi!!e as foflaws: If the iicencs fee h��by resErved ar any parf fhereof or any other sums �r �harges payabl� hsreunder or any part thereof st�ai! be in arrears �ar thir#y {30) days whether or not the same ahali have heen in any manMer demanded or in cas�of bteach or nan-performance by Lorneville of any Qf the ather terrrzs or uonditions in this Licence� �ontained wfiiieh on th� part of Lomevitle ought ta be observe�l o�peif�rmed, then and in eve[y such case Et shatl be lawtr�i far the Ci�y by notice in wri#ing ta terminatc: this Licence and no acceptane� of any licence fees �ubsequer�f to any breach ar non- perform�nce simifar fo that for w!-�ich this LieenGe shai! be tsrminaied shafl be ta[cen as a waiuer af these conditions or any�rvay defeat or aff�Gt th� rigl�ts of the City hereunder. Tt�is �icence is r�ot assig�nab{e by Lomeville without ti�e writt�n conssnt of the City. In#he event thad t�te rlghts af Lorneville under this Licencs a:e ai any time seized or taken in exec�fion or attachme�t by a credifar of Lomeville, or L.omevifEe makes an assignmer�t for the benefi� af creditors, becomes bar�krupt or insoivent, or takes fhe berrefif vf any statute that may be enforced for bankn.�pt or insoEvent debfars, �Fren this Licence and term sha}i become forfeited and void. The City retains the right ta enier upon fhe licenced prertZises �t �t7y time to pe�Form any work normally a�propriate in respect of"pubtic" property and to enter up�n, dig up, construcf, maintaln, replace and repair any and a1t utilities khereon, therein and thr�reunder 23 l,ic�nee Agreement The Glty of Salrtit.tohn and LomevlHe Co�munity�Recrest{on�lssoastion Inc. Per�w 4 �_��. .�.-...—v.�.,.._�._.... .._....=...u_.-�--�--_.��.__�..,�.,.�e,.,._�:s,,.,_.._ �.�_�__�"�__��_,...�...�...r.__�� €N Wil`N�SS WH�REQF each af the parties heroiu k�ava ca�u�ed these �resents to be duly executed a� af the day and y�ar�irst abnv�w�tten. SEGN��, SE,ALF.D R: aF..LE1/�kEQ� } !n#he presence of: ) TH� C#��Y f`F �Al��T,lO�-Ei�f ) � ) ) ) �_-a_._._. __�. ) �JiK.�o¢' � � � ) _ ) Cotnrrtan Cfe►'k � ) Gammort Cou�cil Resoiution: ) ��_ , e012 � ) ) � ) 1.ORNw1IILL�CO��€MUNITY� } 1��CREATf��! �:SSt�C[ATi�I� IhEC. } � } Per: �, } �� . � } r j Per: � - _ ) . �'• � � } 24 � 1 . , . � . . . ,.t;�'- r.rr.. � �;Z° /,'�' ti1 � •f�',, 4� `\ � � �! �� 4. )�//;., ,��Iiy '1 y�� '�t. . . ... '� ` � � / 11 � / 1 .ti � . � . . \� ��` ;t ..'�-c r �1�.�.,:��i , �i `- � r � .a�. . 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Tv^. �R� Y ...�. .��-B� � e , � • `�.,rt,.r "ttv.� e,: � 9�+9;L YJ. E - wl tT J' ' � �_ �I� ' �. x 1 .'M l -� r j 'y � ��il� � � ). �, • � � .. E E a.t `�l '`_ I 5". G �K'' e �F ' ' �� ♦ � «u� . �a - r - . ._ i � � � '�`� ��;;r,�.' 4 �p ' RL� , _� � ...`. t � SL'R1=Y PLAN /PLAN C'AAPENT.'^oE; � '�� 92-� P4RTION OF / e►.... �.��, „ � �.� '°"°°'°� ' UNE PARTIE DE RUE KING W1LL�AM ROAD J � ��^- „� \ •�J� RUE RIN"H1WAh1 RCAD, SAINT JCNN, �`�''� . �\ - COMiE Si�INT JOHN CCUNTY, N.E. ya NOTE NO1E5 t -LES OIREC�IONS SON7 LES A211FUTS GRILLE PROVENANT OES -DIRELTIJNS'RE N.B. GRIC AZIMUR+S O�:IVEO FROId THE N.B, �.e.e. I REPERES D'ARFENTAGE DU H.-9, fT SONT PqESEN7E5 Q-COl'TFE CRIC AIOfJU!AENTS TABULAT=O HEREON. �- - � rc^w�.�.au�c�:c.;[r r;vt�� - L'c FACTEUR 0'ECHELLE UnI�SE E�AI7 1.00OOJB. -THE SCALE FACTOR USE�W'." 1.00003.�. SC4LE�'.i0) �0z-�.'�---'"-�'»�� caeoamar.s�.m.S•w o¢s�r�w-.n�s..�s,�j - �g NUV�OS DU CU^,UMENT INOIqJES SIJR CE P!hY SOkT CEU% -7HE DCCUM�IJT:VUAI�ERS R�ERRfO 70 Oti �IIS PLaN ARE teHEL!c �� '�=6• ��sr.m.c ac wia.cMCOn srtn:•wu.rxr : x- %:+< ' DU BUREAU 0'ENRECISiRElIF1J7 DES ACTES OL'COMTE. TrIOSE 0�1HE CO�ti;`f REGS'fRY OFFlCE. "e-'ti��-��'«;��_`�'�,.�r�E ' - �S RE45EIGNEUENTS DES�ERRAINS CONTGUES ONT fTE -ADJACE'1'OWNER INFORMAiION 09TA�NEC FkOM�+JB OBIENJS 0�5�75��"ERS OE LNB. RECOR75, - TDU7E5 LES CISi:NCES MONTREES ��,uT OES DI57ANCE5�E -ALL�ISTANCES SHOWN ARE CALCULAiED GRID Di5'ANCES. 7 ��'+��•�rrE.s�Y�^ . GRILLE CALULEES -CERPFlCATION IS +IOT MACE AS TO'_EGA�TiLE,$QVG 7ME � �Er'\N.L !-R o,��•�-�� -LA CER1I.�CATfOM N�EST PAS�0.VNEE OUMIi AU T1Ti2E DE CJMAIN CF A LAVNER, NOR TO THE ZONING d� SETBACK �� PROPRIETE.CUI RELE`iE D'L'N AVCLAT,NI OLIANT AU%RECLENENTS EY-.AWS OR REIXILATIDNS, 6EING TriE �OkAIN CF A ,;�.,,� �E ZONAGE E-DE AIARGE OE RECUL, �UI RELEI�ENT D'UN AGENT DE"P_l0?MENT pFF'ICER. � ' O�iA1fMAGEMENT. -CERTIPCA'lON f5 NO7 MAOE AS-0 CO\'ENAN75 SET CUT 14 '� �252:38�573 735c38�.3�5�� -�A CERTIFlCA�ON N'EST PAS�Okl'EE OUANT f'JX CLAUS£S Tt�E COCUMENT(S)AND THE LOCATION DF ANY UMDE9GROIJ6�D 2 2j259�5.73^ 7;5'xeg^;7 �. RESiitIC'I1bE5 INOIOUEES DANS LE(S)OOCLMENT{5)NI QUANT A SERv1LE5 AND/OR �I%�1RE5. PERNANENT OR O7NERINSE, SUR1'EY4R�5 STA M T L'ENPLACENE4�CE SERVICES ET/OU D'ACCESSORiS FlJ�ES, -iNIi1AL FfEL'J SUA'vE"WAS �ONPLE'EC MONTH pp, 2012. ; �_gY�RTIF7 7HAT 1H!5 FLAN 15 CORR_� �� 3 2525d9I.54E 73�ES.�.Sae i pQ2�/AMENTS �U 0.UTRE5. N F �"T. 4 '.i25493,025 I 735�333.a1,� -LE L�VE SJR LE TERFNN!NITIAL A E.'� FAIT LE 7D AIOV'H, ��=��a�-,V f� 5 252�^C1.74B 735o�91.iy" I 2012 PURPOSE OF PL4N � ,� y � i E 252:998A51 7�y637C656 ��,� 628'Sfi 2534232.573 I .yFZG:S.00� -TO ACCOM?ANY A PF.JPO_� ST�EE7 CLCSINC CF A PORTICN N,B.LS. N4.]li�3� OF KING'MLl14M ROAD. ]!i 3 N.B. GRIh COORDINATE VA.LUES Sl1FVEYED BY:ANp.qEH':.. iC]L,E, N.d.LS. .�u ca�w*naa-c�p¢wp uq xw�w�,¢s s�.�n 811T�E PLAN �AT�O, Jl1CY 19. 2012 �p379 qq =.ui ir�e.�an x H�er M:..� 1G SIVQ:e'Aw?rK Cad9��.�OECPpI AMI P2 NR6l;:9i7 {�JRVE PGNT RA61L'S ARC CHCFiC AZIMUTII -D'ACCONPAGNEVAEN'PRG�CSE UNE RUE DE FERMEiLRE p'UNE op�*�� T �� T CHEtl(m� FLLC:ppA�y�4��9r^e7twt..[„ew�;sx�Ke PARiIE D=RLE KING H1LlJAU. �cn�E crr�m. 3 fi.�0� 42 S. 5 4`I 8 �OB No.s.ur�ss r1n:5.qsQ�S-6F0 25 , � � ,;; ,,�, „ , � �b:; : - �� < I � V -;:�' '''� il�ti;-�1�, .. =' '� ! y,' �rT-,{ �,ti '\ ',,` / J � 1 . r,i``�r,;1 _�1 � r I� �0....1,.L� �� ,�-„��1'yA y ,,s �r. , � �'��4:;' ` I � .:j� ��;I —�'�;'�f �'�1 i � ..,, '�.a �_i `',t;�;�� ! , � I f-'� ;r:�".: SIAIPSON'S TRUCK dc ' /' ' , � ' `��'i, "\ `— �AREAY � TRACTOR PAR�TS LTD. , � , `��,� � oe r � �5'�/�LO . � � � .� 5 �� RNy� � LOCALITY SKETCH l ~ Q�'D g'7e�Q9.� �R AO � LEGEHD / LEGENOE e'� 0 �G_ 1'!'r� h\,: 8 12-1 � _�cc �. ,,� _ o::r i�r,rN _- ��q �z � :,� r _ ��„ �� - _ `° S :r•,. . ::as;.:':c��.�... n — ' _ - � :::}.?s'•�c.n.� � � I �2Bfisqq. \ ..t't�'.t u :- '' , � _ .�.,.r _ rs - , : L'�' S `��ro-«rc o:. .�E6:�r+�.- . sw ._ .. ^ ��'.„+�., ,..i ' � ..,.;ai_..,,�e.., �m�'r - c'' - .. -�..�c :• � .'.,: �,-.�Y: � . . — ' ..__.' 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RECORJ5. �� - 70U1ES LES DIST�.N�S MONT�iEES gpVr CES DIS'ANCES DE -AL DISiANCES SHOU:�I ARS CALCULATED GRIp 057AI.CES. ;>i+��'�+ ��.�- GRILLE C,�dJI£E5. -CERT1FlCAi10N IS NOi 1�ppE AS TC LEGAL 11TL.E, BEING THE C..,', %"t' �''� -LA CERT1nC�T1CN N'E57 pAS��NNEE QUAV7 Au 11'RE�E C'%�AIN OF A LAy�'ER,NOR 7C�PIE 20AING&SETBACK �.:.f� GEI�TIUA� Far�:�� PROPRIET£�OU RELE4£ U�UN AVCrAT,NI OUAN7 AUX qEGLE'AE7V75 6Y-LANS OR 4EGULRTIOtiS,9]NG TV'.E O�AIAIN OF A �^-�' ., �='�.� OE 20MAG: _Y DE MARGE�E RcC1L WI RE1.f!�NT D�JN AGENT DE'�-LOPM£�'T OFFlCER. �� 0".11ENAGEAfENT. -CfiRTIFlCAl10N IS N^T NACE AS TO CO`.FNA4T5 SET WT IN 1 I 2575BP.3.5'�3 ;7a553JG�.>`�5 i -� ��CAPON N'EST PAS DON:lEE OUANi AU% CLAUSES T?1E�CCUTARJi 5)PND 1'�E LOCAP01!OF ANY UNOERGROLINO 2 I 2575dE5.7�2 7356339.G?? RESTRICTIVES IN�ICUEES DANS.E(5) DOIXI4ENT(5)•41 OUANT A SERNCES AV� OR Fk1U�iES, PERMNJ&VT OR OTl-ERN15E SURVEYOR'S STATEMEHT L'FJAPLACEME7IT OE S4R'.10ES E7�JU �'ACCESSCIRES P%E5, -IYITAL FlELD SURVEY WAS COM�LEIID Alf�:�-I DD, 2012. 3 '2s25691.545 7:5:.387.535 P�t4ANEY5 W nUTRES. I HFftEBY Ctl'iTf7 ThAT THIS PLAN IS CCtQRECT. ,/ 4 2325823.J25 7356393.41} ��•B�l, -LE LEYE SU4 LE?FRRPIN IM1'IT.4L A ETE FAI7 LE D� uONTN, rY-�Fw /� 5 25�PiQL7ag 7.:5E3a1.155 2012 PURPOSE OF PL4N {�, r��I.��,��a � � 6 � 2525899.051 735E3.-'i F58 '^ . d28'Sfi 2534232.573 7�E2095."0' � -70 P.CCCIIFANY A FROPG:EO SIREET C.O::NG 0=A FC�ACN N.9.L_. NO. ��P� • OF K.NG'MLUAM ROAD. SUpyEygp BY;AND9EW H. 70CE, N.B.LS. N,9. GRI� CODRLIINATE VALUES µy r,.wa;n��y,5 p��,4D CCw;�4iE5 5 CM� 8UT �E PLAN DA�O: .LLY 19,IU12 �?79 9 n.b a_an,we e.,EC a�-.�c i:w ax:rrsw� -D'�CCCUPFGNr7AENT PROPO�E UN� aUE��FERME?URE 7'UNE �'�'�` �T �� T �� snxcoennar��c�nm.E oAO.ccnae w��r•s�u+iex�'.�1 CJRVE POI.MT RA01.;5 ARC CHOR^. AZIMl1TH u.a„qp,�q a¢,ru[p qr�rr,xF ncx^=u�swu's PhAT'E OE RUe KING WWtM. ,ipB Ma,;s,ppo55 Crp,5J09055-810 i,cr.�c.nurt�x srsraa C3 6. 0 9.425 &.�85 3976'Ofi 26 .�� + ' •._ . � , ��"� _� � , ' �' � I �-� � . i ��f � � J �� , � � e ; �s`" � � I r � 1 � / . ��.-�,�;:�' �� i , i;s; �� . ._ .�; �. � ` .. :.�-�:=`�: �=-�:�> ,� � � :�.::�=r: �� , �. �r��: i . �� R - . �_. � _ _ ._ . . . ...: ; _ _ _ _ _ _ ..�.+« ..,....�+�-.,.i*'=-OI�a......-.=.s� . . _:.: �...__.- :;..:,._ � ...: � .�r.--- � �:�. _ . .. •�r-. -. .,_.._ ;.a.--t . . ..- ._ — -2'��.-,,,tl`.••-" . - .. . � r. r �}. f -k". �Y r� i.�. � ��.l. -.r4S 4.s 4 ��.' ;�,y r�.; *'r : . ��, �,� . ` ..rr � �� r qo� � ti n : � , ,� .. G�;� '� � .F`. �! '..i �1: i . � i �., � : � �� r � j; t `+. � �:�' ' � �� i 1 � � f r t 4 � � e �.�r � � � t � � � �� M k 1 � 1 7� �.+� j ' L .:k � i � X t i � . �+I . T � � I l E .L. :,± .t. �# � . , i . .K� l �+ , �� b !. t � ' ;� . ..� t^ `f! ��I � ! � � �3 i ' � ��::i s `,. f .� l' � �# �i;�+ J�� aF�i I` .�,' � �.. 't r �. r ,� I -�Si f.�, .�ra ��.Y� h�'�� 1. � 1 t I �1�( ', I��I. `� � �� f .I� '� '�I� �� , � � 'f.. �;� : 'i � � ;r !r { �l I r - i : � t i r 4 F�..:r i �s: '-�. !�� :�'�rr s � I � � ' �� ;�� i 1 .`r t1 i� ��-It -r��r ��1��. 1' � �j�. � ��,; r. �i� �, ° � c 4 . A Ir '� ��'� .. 'S 1 ' �.;. I �� .31 - ��. . E% r '1 1 , : �i, '7 � t k� � i! �� << ��I�' .i I��` �k� ,� 4 � � �F. -,�� ti F� .i � .lai ;t � � �.. � i F.. .� 1' 1.t'� Ir F :I� �:t �I I �� -�� l�.fs:` .i. it , ��la i �7�..�� r .i ' d � .. ��j, �1� � �j E +� .1 ,; .� '. r �. _� � i i .�h ��P: J '� f �: r i �. '.) .i � � .i� � .s. r { � r 1 .: � � �� -' C - .ra.' {i . I Y.4 ,'� 4 .`.� 1 ' ��3 � .F! i�• t . iw y } �} t � . �f 1 f � t ' 1; � � • � ' � �(� yl'` ° ,` ' i i. �� J � � t� s �r .y- w i x t �i � : .� s � ( � I � �, :� � R y ��'� r��s. G , :s . • ° ,�f l' �(,:�� w �s �, � . �, � ry � i.� ��. �� f� � �� :l .r . I t i . �� a �� i �r .�� . 1 �',� �,{ ' ,4 . �4 .1 �j1 .' ` , f ... ��.��- ,.. ._. ,, _ .,.. . . ? �� r �, _.,,...� � ..` s ` �i..i, z�l .-, ' - ..vi � � ` ..� - a.. I•1.x.. ., t .v....��.. ....�.i.. �..�.� e �., .. .�-.. .Je s. � .m . s_..r' . - �ti.�L... . ..c.� . . . . . .. �. .. 1 . .. .. . . ..1. . - .� . _ ._ _ . � �P• BY-LAW NUMBER M-23 ARRETE N° M-23 A BY-LAW TO AMEND ARRETE MODIFIANT A BY-LAW RESPECTING THE L'ARRETE SUR L'INTERRUPTION DE STOPPING UP AND CLOSING OF LA CIRCULATION ET LA FERMETURE HIGHWAYS IN THE CITY OF SAINT DES ROUTES DANS THE CITY OF JOHN SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : 1 A by-law of The City of Saint John 1 Par les presentes, 1'arrete de The City of entitled, "A By-law Respecting The Stopping Up Saint John intitule, «L'arrete sur 1'interruption de and Closing of Highways In The City of Saint la circulation et la fermeture des routes dans The John", enacted on the nineteenth day of December, City of Saint John », decrete le 19 decembre 2005, A.D. 2005, is hereby amended by adding thereto est modifie par 1'ajout de 1'article 232 Section 232 immediately after Section 231 thereof, immediatement apres 1'article 231, comme suit : as follows: 232 The City of Saint John does hereby stop 232 Par les presentes, The City of Saint John up and close permanently the following portion of barre et ferme de fa�on permanente la portion highway: d'une route suivante : KING WILLIAM ROAD: All that portion of CHEMIN KING WILLIAM : Tout le tronron du King William Road, a public street in the City of chemin King William, une rue publique dans The Saint John in the County of Saint John and City of Saint John, comte de Saint John, dans la Province of New Brunswick, comprising 217 m�as province du Nouveau-Brunswick, d'une superficie shown on a Plan of Survey titled, "Survey Plan d'environ 217 m2 comme le montre le plan Portion of King William Road, Saint John, Saint d'arpentage intitule «Plan d'arpentage indiquant John County,N.B.",prepared by Genivar and dated une partie de la rue King William, City of September 27,2012 attached hereto. Saint John, comte de Saint John, Nouveau- Brunswick», prepare par Genivar et date du 27 septeinbre 2012, ci joint. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le present arrete le City to be affixed to this by-law the **** day of ** ****** 2012, avec les signatures suivantes : *****, A.D. 2012 and signed by: Mayor/Maire Common Clerk/Greffiere communale First Reading- November 19, 2012 Premiere lecture - le 19 novembre 2012 Second Reading- November 19, 2012 Deuxieme lecture—le 19 novembre 2012 Third Reading - Troisieme lecture - 28 29 BY-LAW NUMBER M-23 ARRETE N° M-23 A BY-LAW TO AMEND ARRETE MODIFIANT A BY-LAW RESPECTING THE L'ARRETE SUR L'INTERRUPTION DE STOPPING UP AND CLOSING OF LA CIRCULATION ET LA FERMETURE HIGHWAYS IN THE CITY OF SAINT DES ROUTES DANS THE CITY OF JOHN SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : 1 A by-law of The City of Saint John 1 Par les presentes, 1'arrete de The City of entitled, "A By-law Respecting The Stopping Up Saint John intitule, «L'arrete sur 1'interruption de and Closing of Highways In The City of Saint la circulation et la fermeture des routes dans The John", enacted on the nineteenth day of December, City of Saint John », decrete le 19 decembre 2005, A.D. 2005, is hereby amended by adding thereto est modifie par 1'ajout de 1'article 232 Section 232 immediately after Section 231 thereof, immediatement apres 1'article 231, comme suit : as follows: 232 The City of Saint John does hereby stop 232 Par les presentes, The City of Saint John up and close permanently the following portion of barre et ferme de fa�on permanente la portion highway: d'une route suivante : KING WILLIAM ROAD: All that portion of CHEMIN KING WILLIAM : Tout le tronron du King William Road, a public street in the City of chemin King William, une rue publique dans The Saint John in the County of Saint John and City of Saint John, comte de Saint John, dans la Province of New Brunswick, comprising 217 m�as province du Nouveau-Brunswick, d'une superficie shown on a Plan of Survey titled, "Survey Plan d'environ 217 m2 comme le montre le plan Portion of King William Road, Saint John, Saint d'arpentage intitule «Plan d'arpentage indiquant John County,N.B.",prepared by Genivar and dated une partie de la rue King William, City of September 27,2012 attached hereto. Saint John, comte de Saint John, Nouveau- Brunswick», prepare par Genivar et date du 27 septeinbre 2012, ci joint. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le present arrete le City to be affixed to this by-law the **** day of ** ****** 2012, avec les signatures suivantes : *****, A.D. 2012 and signed by: Mayor/Maire Common Clerk/Greffiere communale First Reading- November 19, 2012 Premiere lecture - le 19 novembre 2012 Second Reading- November 19, 2012 Deuxieme lecture—le 19 novembre 2012 Third Reading - Troisieme lecture - 30 The City of Saint]ohn June 17, 2013 Deputy Mayor Shelley Rinehart and Members of Common Council RE: Rehabitat Inc Presentation Motion To have the Common Clerk schedule a time for Rehabitat Inc. representatives to present to common council regarding a land bank opportunity. Yours very truly, .��/�� Mel K. Norton Mayor City of Saint John �!r _ SAINT JOHfd I'.O.Box 1971 Saint John,NB Canada E2L 4L1 I wvwv,saintjohn.ca I C.P. 1971 Saint John,fV.-B. Canada E2L 4L� —�� 31 I J..� � �: ;. � �.�; �� June 19, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Conflict of Interest—Lawyer Representing both the City and CUPE I am well aware that the final issue on the Plan Text and Funding Policy of the new Shared-Risk Pension (this issue being whether or not we sign these as they are)will be coming up at Council for our June 24, 2013 meeting. The issue of having one lawyer shared between CUPE and The City of Saint lohn (the Taxpayers) on such an important contract continues to cause me the greatest af concern. I do not feel that Council fully understood the ramifications of sharing one lawyer between ourselves and CUPE on a contract of this importance when they voted in favour of allowing this, and in reading the chapter"Conflict of Interest Between Clients" from the Cade af Professional Conduct by the �aw Society of IVew Brunswick, my opinion is further solidified. I have attached a copy of the chapter concerned, and in particular, I would direct your attention to the first page, RULE and COMMENTARY: Acting for more than one client, in particular item (c). As you are ali aware, I have not been able to get my questions answered and as an eiected representative of the Citizens of Saint 1ohn, how can this be right? Just to put this matter into perspective,would we contemplate signing the P3 deal without having our own lawyers to go over the contract in minute detail? If not,what makes the P3 contract any different fram the pension contract?Actually, in the fullness of time,the Pension contract will likely be worth even more money, and could go on for an even langer period of time than the P3 contract. MOTION:That Council have a frank discussion in Open Session on the issue of Conflict of Interest as it concerns the Pension specifically relating to the signing of the Plan 7ext and Funding Policy without a lawyer representing the City and the Taxpayers giving us an opinion before we do so. �1_., SAINT JOHN P.U.Box}971 Sai�t john,NB Canada E2L 43L�� www.sair.t�oF�n.ca � C.P.1971 Saint johry N.-B.C�nada E2L 41.1 --�� Respectfully Submitted, (Received via email] Susan Fullerton Councillor—Ward 2 City of Saint John 33 CONFLICT OF INTEREST BETWEEN CLIENTS CHAPTER 6 RULE The lawy-er shal]avoid all influences that compromise the duty of loyalty and the exercise of impartial and indegendent judgment and action owed by the lawyer to the client. C011M1ENTARY Acting for more than one client 1.{a)In accordancc with the Rule in this chapter and subject to paragraph (b)hereof the lawycr shall not act for more than one client in a matter where there is an actual,a potential or an apparent conflici of �interest. {b}The]awyer may act for more than one client in a matter wbere (i)the lawyer has recommended in writing that each oUtain independent legal representation, (ii)the lawyer has madc adequate disclosure to them of all information pertaining to the matter that is in the possession of the lawyer, {iii)the lawyer has observed the provisions of Commentary z(a)in this chapter,and (i�°)those not wishing to have other legal representation in the 2 matter consent in writing that the lawyer act for them. (c}Notwithstanding(b)hereof the lawyer shall not act for more than one clicnt in a matter where despite the fact that the c2ients concerned havc consented to the lawyer so acting it is reasonably obvious that an issue is or wiil becomc contentious between or amongst them in the matter or that thcir interests,rights or obligations will diverge as the 3 matter progresses. Disclosure by the lawyer 2. (a)Before the lawyer accepts employment from more than one client in a matter the lawyer shall advise them that the lawyer has been asked to act for them;thai no infortnaUon received in connection with the matter from one can be treated as confidential as far as any of the others for whom the lawy er will act are concerned;and that,if a disputc develops between or amangst them that cannot be resolved,the lawyer cannot continue to act for them and must withdraw completely from the matter.If one of them is a client with whom the lawy er has a continuing professional relationship and for whom the lawyer acts on a regular basis,this fact also shall be revealed by the lawyer to the others at the outset of the matter and the lawyer shall make the recommendation that the others obtain independent 2ega1 representation in the matter.If following all of the foregoing disclosures the clients arc cantent that the lawyer act for them in the matter the lawyer ,shall obtain their written consenis thereto. (b)Notwithstanding(a)hereof,the provisions of Commentary�i(c)in this chapter shaII appl}•,all necessary changes ha�ing been made,to the circumstances envisaged in(a)hereof. Cootentious issue arising 3.If pursuant to Commentary 2(a)in this chapter the clients of the lawyer have consented to the]awyer acting for them in the matter and an issue content�ous to some or all of the clients later arises the lawyer shall withdraw forthwith from thc matter and shall refer the ctienis to other lawyers outside the firm of the lawyer for independent legal representation in the mattcr;but if the issue is one that invoh-es little or no legal advice and the clients are sophisticated they may be permitted to settle the issue 1�y direct negotiation in which the lawyer does not participate.Alternatively the lawyer may refer the other client(s)to other lawyers outside the frrm of 34 the]aw�•er for independent legal representation in the matter and may continue to advise one of the clients if it had been agreed at the commencement of the matter that this course wouId be followed in the event of a 5 contentious issue arising between or amongst the clients. Acfing against formcr ctient 4.The lawyer who has acted for thc client in a matter shall not thereafter act against the client(or against persons who were in�-olved in or associated with the client in that matter)in the same or a related matter;but the lawycr may act against the client in another matter that is completely unrelated to any matter in which the lawyer has provided legal services to the client �previousl3•. "I'he lawycr as arbitrator/mediator 5.(a)Notwithstanding the Rule in this chapter the lawyer may arbitratc, mediate or settle a matter betwecn or amongst two or more persons providing that (i)the persons are of ful]age and capacity; (ii)the persons consent in writing to the submission of the matter to the lawyer as arbitrator,mediator or setticment arranger, (iii)before commencing to act the lawy er advises each person that the lawyer is not acting as]egal adviser of the person in the matter, (iv)neither the lawyer nor a partner or an associate of the lawyer has ever provided legal services to the persons or any of them with respect to the matter,and (v)where the lawyer has previously provided legal services to any of the persons the lawy er has disclosed that fact to all of the other �persons. (b)Neither the lawy-er nor a partner or an associate of the lawyer shal] ac�t for a person in respect of a matter while the lawyer arbitrates, mediates or settles the znatter;but nothing herein shaII prevent the lawy-er or a partner or an associate of the lawyer who has previausly so acted from subsequently so acting for any of the persons in a matter that is completely unrelated to the previous matter provided that the erequirements ofthis chapter are observed. Organizations 6.Thc lawyer who is retained or employed hy an organization to provide legal services to thc organization represents the organization acting through its duly authorized constituents;and in dealing with the directors, officers,employees,members,shareholders or other constituents af the organization the lawyer shaIl make clear that it is the organization that is the client of the lawyer,especialiy when the interests of the organization are adverse fio those of the constituents of the organization with whom the lawyer is dealing.l'he lawyer who is acting for an organization may also ac�t for any of the directors,officers,employees,members,shareholders or other constituents of the organization subject to the provisions of this gchapter relating to conflict of interest. Transfer between firms �.The lawycr shall obscrve the rules of the Society respecting conflict of interest when the�awyer transfers from one law firm to another,between a �o law firm and an organization or between organizations. Surden of proof 8.in disciplinarS-proceedings perta�ning to conflict of interest the burden of showing compliance with the requirements of this chapter shall „be on the lawyer. Notes l."Conflict of interesY'is defined in this Code as including"an�interest that would interfere with the duties of loyaity and freedom of judgement and action owed by the law}cr to the clienl or prospec;tive client or that would be likely to affect ad�erscly the judgeme:ni or ad�2ce of the lawyer on behalf of the client or prospective client" Cf.Canadian Bar Association,Code ofProfessional C.onduct(�98�),c.V, Commentaries 1,3;Nova Scotia Sarristers'SocieTy,I,egaf F.'thics And Professiona! 35 Conriuct I Iandbnok,c.6,Guiding Principle 1;The Iaw Socicty of Alberta,Code o( Arofessional Conrlur.t,c_b,Commentary G.3.—For an e�ctensive commcntary on conflict of interest generally see Smitl:,c.z,para.[38)et seq. 2.Cj.The Law Society of Alberta,Cnde of Professional Condtrct,c.6,Statement of CHAPIER SL: Principle;Rule 2;Commentary 2.5cc form relating to the larvyer acLing fnr more than one client in a reaI estate transaction attachcd as Sched�ile B to this Code. 3.Canadian Bar Assoeiation,Code ojProfessional Co�tduct{�987),c.V,Commentary 5(part);Nova Scotia Barrisler.s'Sa'icty,/.ega!Elhics And Arvfessional(:onducl Handbook,c.6,Guiding Principle 3;Law Socict5-of New Brunswick,Professinna/ Conriuct Hand600k,Rule C�(the lawyer is not to lx an ambidexter).The Canadian Bar Association Code,c.V,Commentaries io,ii remind lawycrs that there are many situations wherc cvcn though no actual dispute exists between thc parties their interests are in conflict:e.g_,vendor and purchascr,mortgagor and mortgagee. 'i'here are aLso many situations v;here more than onc person may wish to retain the lawycr to handle a transac.�tion and although their interesLs appear to coincide,in fact a potentia]conflict of interest cxists:e.g.,co-purchasers of real properiy and persons forming a parhiership or corporation. 4.C.f.Canadian Bar A,ssociation,Codc ofProfess;onal Conduct(i98�),c.V, Commentary$;Nova Scotia Barristers'Society,Lega!�Ihics,4nd Ymfcssiona! Co,lduct Handbook,c.6,Guiding Principic 2_Sce also comments of MeRuer, C.J.H.C.in Sinclair v.Ridout(i955)�1 O_R.i6�(H.C.),at 182-3. 5.Cf.Canadian Bar AssoCi3tion,Code ofArofessional Conduct(1g8�),c.V, Commentary 6(part);Nova Scotia Barristers'Society,I.egal F.'thics And Professiona!Conduct Handbook,c.6,Guiding Yrinciples q,5. 6.Canadian Sar Association,C,bde nfYrofessio�lal Conducl{i98�),c.V,Commcntary 8;Nova Scotia Sarristers'Society,Le,gal F.Yhir.s And Projessiona!Conduct Handbook,c.6,Uuiding Principles 8,9.Commentary 9 of c.V in the Canadian Bar Assa;iation Code makes clear that the term"client"is given a wide interpretation and includcs lhc clicnt of the law firm of which the lawyer is a partner or associate, whetI�er or not the lawyer provides legal ser�rices to the client.It also includes thc clienY af a lawyer who is associated�vith the lawyer in such a manner as to be perceived as practising in partncrship or association even though in fact no such partr�ership or association e�:ists. in I,rr Bangue Provinciale du Canarla v.�lrtjulor Levesque Roofing Ltd.(1968),68 D.L_R.(2d}340(N.B.C.A.),a lawyer drew a mortgage for the defcndant and later acted for the plaintiff mortgagce against his former client.The Court statcd_"Thc solicitor acting for the defendant,Adjutor Levesc�ue in August,i963,drew the morlgage and advised thc said defendant on the effect thereof_Latcr thc same solicitor acting for tlie mortgagee bank hrought action against his former clicnt based on a claim arising out of and related to that mortgage.Solicitors should not so conduct thcrosclves even with the knowledge and consenL of all parties.The client who first retains a solicitor has the right to his cxclusive loyalty.5uch conduct can only lead to the disrepute of the legal profession.° 7.Cf.Nova Scotia Aarristers'Society,Lega!Elhics And Psofessional Conduct Handhook,c.6,Guiding Principle 6.And see this Code,chapter i3, ALTERNA7'1VE DISPCJTE RESQLUTI02V. 8.Cf.�ibid.,Guiding Principle�. 9.Cf.Canadian Bar Association,Code ojProjessional Conduct(198�},c.V, Comznentary 12;Nova Scotia Sarristers'Society,Legal h'thics And Professional Conduct Handbcx�k,c.6,Guiding Principle lo."Organization"is defined in this Code as including"an incorporated or unincorporated body,a governmcnt and a body politid'.—See aLso Smrth,c.io,para.[6]et seg. 10.See rules of the Society entided"RiTI.ES RE.SPECT[I�G CONFLICI'S ARISING AS A Kr:SUL'T OF TRANSFER BET'WF.EN LAW FIRMS";Nova Scotia Barristers'Society, I,egal f;'thics And Yrofessiona!Conducl Handbook,c.6A.—See Smith,c,'7,para.[98] et seg.;McteDonafd h,'siate v.Mcrrfrr�and Rossmere Holdings(1970)Ltd.,[tggo]3 S.C.Ri23�;iu N.Ri;�o Man,R.(zd)z41. I1.Cf.Canadian Sar Association,C'nde of Pmfessiona!Conducl(198�),c.ti, Commentary 13;Nova Scotia Barristeis'Society,l.ega!F.thres�4nd Professionul Conduct Handbook,c.6,Commentary 6.8. 36 } ��l � � ,� ��. � _:u�:::Y� �.� 4 � � ,� .. ...,V'�/f� �r The[9ry of saint John Junc 19,2013 His V4'orship Mel Norton and Me►nbers of Common Council Your Worship and Councillors: Subject: Release of Sexual Offenders into the Community F3ackground Over the past few months media reports have identified the release and subscquent relocation of several indi��iduals convicted of sexual oftenses. What is more troublesome arc the reports of psychiatric evaluations and judge's comments rcgarding the severity of the crimes and the likelihood for these indi�iduals to present a danger to societ� and to reoffend. As we are all well aware, our community is particularly sensitive, and I would argue vulnerable,to this issue at the moment. We are currently working to ensure that we ha�e adequate safeguards in place within our co�nm�n�ity to protect our children and our residents at a time when resources are stretched. 1 believe it is important that wc understand the process by which these types of offenders aj-c released and how locations are chosen as well as what support is available fro�n the Fede►•a! Government for those co�nmunities expected to accept such individuals. I believe that it is incumbent on us, as elceted officials,to ensUre that choices of placement are made on an informed, equitable, tair and respectFul basis and not simply done on the basis of space avaiiability. Motions: Tltat a request be made immediately to the appropriate Minister(s)and senior official (s)responsible for data on release and location of individuals previously convicted for sexual ofFenses_ This data sI�ould include thc t}pe and severity of the offense,the sentencc given, and any relevant psychiatric opinion regarding potential for rehabilitation, tikelihood to reoffend and assessed danger to societ3•(the communit�� in which they will reside). That a.requcst be made immediately for a�neeting between senior City officials, including tl�ose in law enforcement, and the appropriate Minister(s) and scnior official (s)responsible to discuss this issue and work toward an equitable and respectful resolution that protects the intcrests and safety of our commun ity. Respectfully Submitted, Dr. Shelley M. Rinehart Deput�-Mayor , n cd via cmai]) r��I' ��, q � 51�,II�,7T�DHN n�`1.Bcax��71 �ain��r.i��r7,iV� �:�i3�1.m ��E, 7 vv�-,�;�r�;: ;t�j�:"tr�.r�a � i,.�!�1 E-��"� ti:ai�ia Ju��r�,hl,-F�..4�:�rt�:��:� E��r1�7 � 1 } ��iv��•i�s�l� • REP4RT TQ C4MMON C4UNCIL � ��=- ��-�� 1 r�'• ��_ ��'� M&C 2013 - 137 � �'� �!� r �<�-��,. 5�,� �� _ June 24, 2�13 The City of Saint John His Worship Mel Norton And Mcmbers of Common Council: Your Worship and Members of Common Council: SUBJECT Agreement wit� NB Power for Sack-up Fire Protection Services at the Point Lepreau Generating Station BACKGROUND At its meeting of October 3, 201 l, Common Council authorized the issuance of a notice to the New Brunswick Power Nuclear Corporation of ihe City's intcntion to seek a new agreement for the provision of back-up fire protection services at the Point Lepreau Generating Station. Staff of the Point Lcpreau C'7enerating Station and the City's Fire Department have come to a consensus on the terms of the new agreement. The purpose of this report is to present the proposed agreement to Common Council for consideration. ANALYSIS In 1982, the City of Saint John cni�red into an agreement with the New Brunswick Power Corporation for the provision c�f Back-up F'ire Yrotection Service to the utility's Point Lcpreau Generating Station. The subject agreement was amended from time to time, with the last amendment occurring in 199R. The 1999 agreement provided for a$40,000 per year stand-by fee paid to the City of Saint John. During thc 2011 budgct approval process staff highlighted the renegotiation of this agreement as �ne of the new revenue sources for the City of Saint John. Similarly, sections of the 1999 agreement perlaining to ihe "form of response" and reimbursement for responding required updating. 1 �Page 38 After many discussions with NB Power officials, several terms in the prel-ic�us agreemcnt were updated and new rates agrecd upon. Below arc the general terms of the proposed ageeznent: Re�pansibilities of the City • The SJFD will provide emergency response servicc for N.B. Po�-c;r at the Point Lepreau Generating Station_ • The SJTD will participate in sern2-annual training/orientation sessions and exercises�or the Point Lepreau Generating Station. • Upon the City's Public Safety Cominunications Centre receiving a cali for assistance from the Point I,epreau Generating Station,the SJFD will immediateIy dispatch thc following: • One Incident Commander; ■ One Engine and Crew; and ■ One Ladder Truck and Crew, or a second Engine and Crew should a Ladder Truck be unavailable. • It is reco�iized by the City and N.B. 1'ower that thc primary responsibility of the SJFD is to provide fire protection services within the City of Saint John and it is agreed that the City is not required to providc, at the Point Lepreau Generating Station, SJFD persorznel and equipment if, in thc opinion of the Chief, it is necessary for any or all of the personnel anci/or equipmcnt to remain in or return to the City of Saint John to pro�•ide fi�-e protection services in Saint John. Responsibilities of N.B.Power • At all times during which SJFD personnei are present at the Point I,epreau Generating Station in response to a call for assistance, N.B. Yower will be responsihle to protect SJFD personnel from exposure to radiation. • N.B. 1'ower will provide, on an ongoing basis, the nccessary fam�iliarization and/or orientation to the personnel of the SJFD that are required to respond to the Point Lepreau Generating Station. • Any and all specialized training and equipment that is not considered part of traditional structural firefighting, but could be deployed when responding to the Point Lepreau Generating Station, shall be provided by N.B. Yower to the SJFD. Payment � N.B. Powcr will compensate the City as follows: ■ A"standby"fce of$70,200.00 paid annually to the City; ■ A "dispatch" fee of$1,000 for each and every call-out (including caneeued en route calls}; and ■ A "uset-fee",based on the trucks and personnel deployed. • The "user fee" shall commence one hour after dispatch of the SJFD and shall continue untii the Iast responding I:ngine, Ladder Truck or Light Vchicle of the SJFD retums to its Fire Station. 2�Page 39 • 7'he"dispatcl� fee" shall be in addition to the"user fcc". • The annual"standby"fee shall incrcase annually on the anniyersary datc of each y-ear of the Terxn bascd upon the percentagc changc to the pre�•ious 12 months Consumer Price index {CPI) for Ncw Brunswick, as dcfcrmined by Statistics Canada. Term • Sixty(60)months follow•ing that execution of the agreement. F�nancial Implications The proposed ncw agreement facilitates a$30,200 annual increase in stand-by fees and unlike past agreements with NB Power, the stand-by fee wi11 incrcase annually by the CPI for New Brunswick. Where most calls for service to the Point Lepreau Gcnerating Station are canceled en route, the intent of the '�dispatch fee" is to facilitate the recovery fuel costs and eq�ipment wear and tear. 1'his fee is payable each time the laire Department is appropriately dispatched. RECOMMENDATIONS That The Cify of Saint John enter into an agreement with the Ncw Brunswick Power Nuclear Corporation to provide back-up fire protection service at the Point Lepreau Generating Station, on terms and conditions noted herein; and that the Mayor and Common Clerk bc authorized to sign the attached agreement. Respectfuliy submitted, ' _ �.� x��-� � . Ke -in Cliffo , A, C �atnck Woods, C.G.A. Fire Chief/Dircctor SJEMO Manager dllKC attaclunent 3 ;Page 40 This Agreement is made in duplicate by and between: THE CITY OF SAINT JOHN, in the County of Saint rohn and Province af New Brunswick, a body cozporate by Royal Charter {the "City") OF THE FIRST PART - and NEW BRUNSWICK POWER NUCLEAR CORPORATION, a c:orporation incorparated under thc Business Cvrporations Act, S.N.B. 1981, ch. B-9.1, ("N.B. Power") OF THE SECOND PART WHEREAS N.B. Power is the owner and operatox of a Nucicar Generating Station situatcd at Point L,epreau being in the Counties of Saint John and Charlotte in the Prot�ince of New B�nswick (the"Station"); AND WHEREAS the City is the owner and operator of the Saint John Fire Department (thc "SJFD"}; AND WHEREAS N.B. Powcr may from time to timc require back-up fire protection services to supplement its fire protecti�n capabilities at the Station; AND WHEREAS the City has agrecd to provide the sen�ice of the SJFD for the aforesaid purpose; NQW THEREF�RE THIS AGREEMENT WITNESSETH as follows: 1. Res�onsibilities of the Citv 1.01 Subjec� to subsection 1.06 hereof, the SJFD will provide emergency response scrvice for N.B. Power, as dispatched from Saint John, N.B., at the Station. 1.Q2 The SJFD wil� participate in semi-annual training/orientation sessions and exercises for the Station that are fully sponsored by N.B. Power. It is understood that the persannel. of the SJFD who are expected to respond to the Station, should the need arise, will be the crews participating in any such sponsored training/orientatian sessions. 1.03 Upon the City's Public Saieiy Communications Centre receiving a call for assistance from the Station, �he SJFD will immediately dispatch thercto from Saint John, N.B. thc following: 4�Page 41 (a) One Incident Commandcr{the "Commander"); (b) One Engine and Crew, consisting of one {1} Officer and three (3) Fire Fighters; and (c) One Ladder Truck and Crew consisting of: one (I} Officer and three (3) Fire Fighters, or, in the alternative, a second Engine and Crew should a Ladder Truck be unavailable. 1.04 The PubZic Safety Communications Centre will c;onfirm that the call is authentic by calling the Station's Control Room at (546) 559-2540. 1.05 Upon arrival at the Station, the SJFD's personncl will immediaiely commencc appropriate fire suppression and/or rescue services (as trained for) and will continue such wark under the joint direction and supervision of the Station's Shift Supervisor (ihe "Supervisor") or his dcsignate and the Commander, until such time as the Super�.-isor or his designate and Commander mutually agree tliat the City'S assistance is no longer required. 1.06 It is recognized by the City and N.B. Power that the primary responsibility of thc S7FD is to provide fire protection services within thc City of Saint John and it is agreed that the City is not rec�uircd to provide, at the Station, the SJFD personnel ana equipment referred to in subscction 1.03 hereof if, in the opinion of the Chicf of the SJFD, if is necessary for any or all of the personnel and/or equipment to remain in or return to the City of Saint John to�rovide fire protection services in Saint John, N.B. 2. Responsibiiit�es of N.B. Power 2.01 In the event that the back-up assistance of thc SJFD is requireci at the Station, the Super�-isor or his delcgate will contact the City's Public Safety Communications Centre by telephone at the telephone numbcr 911. The caller will identify him/herself, briefly cxplain the situation and request assistance. 2.Q2 The Supervisor will be responsible, in cooperation with thc Commander, for the direction, super�•ision and safety of the SJFD personnel while they are present at the Station. 2.03 A� all times during which the SJFD personnel are present at thc Station in response to a call for assistance, N.B. Power will be responsible to protect the SJFD personnel from exposure to radiation and, at N.B. Power's expense, will provide the SJFD personnel with meals, dry clothing and such other acco�r►modations as the situation may require, as determined by thc Supervisor in consultation witb the Commander. 2.04 N.B. Power will provide on an ongoing basis the necessary familiarization and/or orientation to the personnel of the SJFD that are required to respond to the Station. 2.05 Any and �11 specialized training and equipment that is not considered part of traditional structural firefighting, but cfluld be employed when responding to the Station, shall be provided by N.B. Power to the SJFD and shall include, if any, the payment by N.B. S�Page 42 Power of all annua] certification, rcccrtification, calibration or other occurring or reoccurring costs. 3. Payment 3.01 N.B. Power will compcnsate the City as follows for its services provided hereunder: (a) A "standby" fee of $70,200.00 paid annualZy to the City, with the 2Q13/2014 annual payrr�ent due within 45 days of this Agreement being duly exccuted by both parties; (b) A "dispatch" fee of $1,000 for each and every- call-out {including cancelled en route calls), regardless of duration; (c) A "user fee", calculated as follc�ws for each person and vehicle providcd by the City: Each Hour or Part Thereof Engine or Ladder Truck $300.00 Light Vehic;le(excluding cars) $125.00 Personnel In accordance with the most current collective agreement between I.A.F.P. Local 771 and the City and the most current management pay scalc for the City in place at the time,plus all applicable fringe benefits and WorkSafe NB costs. (d) A11 overtirnc rates and associated fringe benefit costs incurred by the City that arc in placc at the time with respcct to: l) the Fire Fighters and Commander(s} who are dispatched to the Station; and 2) tbe Fire Fighters and Cornznander(s) who are called-in to restore thc on-duty complcment of the SJFD. Overtime rates and associated fringe benefit costs shall be in accordancc with the most current collcetive agreements between I.A.F.F. Local 771 and the City and the most current znanagement pay scale for the City at the time. 3.Q2 The "user fee" idcntified in paragraph 3.O l(c) hereof shall commence one hour aftcr dispatch of the SJFD and shall continue unti� the last responding Engine, Ladder Truck or Light Vehicle of the SJFD returns to its Fire Station. 3.Q3 The "dispa#ch fee" identified in paragraph 3.O1(b) hereof shall be in addition to the "uscr fee". 3.04 All required payrncnts identifled in Section 3 hereof shall be made by N.B. Power in full to thc City within forty-five(45) days of invoicing. 3.05 Reimbursement for training costs does not include the familiarization training referenced in para�-aph 1.02, hut does include all specialized training, certifications or courses as mutually ageed upon in paragraph 2.05. b�P .: ge 43 3.Ob Thc annual "standby�" fee identified in paragraph 3.01(a) hereof shall increase annually on the anni�-crsary date of each year of the Term based upon the percentage change to the previous 12 months Consumer Price Index (CPI) for New Brunswick, as determined by Statistics Canada. 3.07 If HST is applicable, it shall bc in addition to the fees referenced hercin. 4. Term This Agreement shall take effect and bc binding on the parties hereto on the date it is approved by resolution of the Common Council of the City and after this Agreement is cluly executed by both parties and shall continue and remain in force for a period of sixty (60) months following that date. This Agreement supersedes and replaces all previous agrccments respccting the subject matter of this Agreement. 5. Contact The contact person at thc Station for clarification of the arrangements herein provided will bc the Coordinator of Fire Prevention. The contact person in any emergency will be the Duty Shift Supervisor—Telephone (506) 659-b214. 7�Page 44 IN WITNESS WHERE�F the City and N.B. Powez� have caused this agreement to be duly executed. Signed, Sealed & Deli�ered by The City of Saint John on the __ day of , 2013. ) ) THE C�TY OF SAINT JOH� ) ) ) ) Mel K. Norton, Mayor ) } } ) Jonathan Taylor, Common Clerk ) ) Common Council Resolution Date: ) ) Signed, Sealed & Delivered by the New Brunswick Power Nuclear Corporation on the day of , 2013. ) ) ) NEW BRUNSWICK POWER ) NUCLEAR CORPORATION ) ) ) } Gaetan Thornas } President } ) ) ) Wanda Hairison ) Cozporate Secretary and General Counsel S�Pagc 45 ,2 •rL ��►..I!.�'i.y��.r.�� 1� '�i.'�'��1;��.1t� �i..��.J l�'��.~-�--�� - �� ;�4 � � OPEN SESSION — Ot�T M & C2013 - 138 City of Saint John June l 8,2013 His Worship Mel Norton And Me�nnbers of Common Council Your Worship and Councillors: SUBJECT: Enforcement and Resource issues with a By-law to Prevent the Feeding of Deer within the City Limits BACKGROUND At fihe May 6, 2013 meeting of Common Council, the following resolution was passed: RESOLVED that the City Solicitor's report entitled B Law to Prevent the Feedin of Deer within the Ci Limits be re£erred to the City Manager for a brief report with respect to enforcerr�ent issues and thc resources that would be required to carry out such. enforcement. Analvsis It is worthwhilc to kee� in mind, before enacting any nevcr by-lavv or a si�mifica.t�t by-law amendment, such as a deer feeding by-law or any by-�aw that is to prevent certain behaviours, an expectation is set that the by-law will be enforced. One may argue that the intent of s�zch a by-law is to make the public aware that this type of behaviour is not desired in the community; that the by-Iaw is for educational purposes. It may give some people who curreatly feed deer pause to think about the impact of their actions on neighbours aad the animals themselves and may acYually cause them to stop that particulax behaviour. However, in the case of non-compliance, a by-law "on the books" gives an expectation to the public that it will bc enforced and that there are resources available to enfarcc it. Enforceznent of a by-law prevcnting the feeding of deer within City limits would come with a numbcr of challenges. Setting the issues of resources aside for a momcnt, enforcement of a deer feeding by-law would be driven by complaints 46 M&C2013 138 - 2- June 18,2013 received by citizcns. Su£ficient and specific evidcnce from a complainant would have to bc provided to open an cnforcement case, including ��vhen the offence occurred, the n.ame and address of the person(s} wha fed the decr, where it took place, etc. This information would have to be provided by a complainant, likely often a neighbor of the offender. The enforcement process would include written letters to the offender(s) and would rely on the complainants to call back if the behavior has continued. If there is still non-cornpliance, formal action woutd require a charge to be laid zn the Provincial Court. The complainants wouid be required to complete formal witness statements and would attend at and testify in a court trial. Practically speaking, it is unlikely that many peoplc would go to these lengths to have their neighbours cease feeding deer. Given current staffing resources, it would be extremely difficult to provide any 1eve1 of service to this additional by-law enforcetxient. Resources are required at every step of an enforcement case — from the administrative staff, who take complaints and provide by-law infor�nation, to sending out inspectors to thc site to discuss with thc complainant or alleged offender. If there is continued non-compliance after all attempts at voluntary compliancc k�as not succeeded, a charge in Provincial Court would be the next step, requiring resources of the City Solicitor's Office and staff of the By-law Enforcement office. That being said, once formal actions arc required, all files arc prioritized to determine how best to expend legal resources. Highest priority cases include life safety matters, dangcrous conditions, rtzinimum property standards cases, building code vioiations, dog bites, and zoning by-law infractions. Deer feeding infractions would be prioritiied at a relatively low level, but would require the similar amount of effort to pursue as a highcr priority case. If Council was interested in placzng a higher prionity on deer feeding infractions, other cases would have to be displaced or additional resources — both enforcement staff and legal staff would be rcquired to have these types of violatxons assi�ed a higher priority level, or provided at a hi�er Ievel of service. In the City Solicitor's submission to Council on May l, 2Q13, it was rrzentioned that the Towns of Rothesay, Quispamsis and Hampton are collahorating in their efforts to address the diff'iculties associated with the increasing deer popula�ion in their communities. Staff is proposing that the City join its neighbouring communities by having thc City's Naturalist, Ms. Murphy, from the Transpartation and Environment Services Departmcnt contact the group to participate in the discussians on the City's behalf. 'This effart may help to get at the root cause of the problems experienced by citizens. 47 M&C2013 138 -3 - June 18,2013 RECOMMENDATION Your City Manager recommends that this rcport be received and filed. Respectfully Submitted, �G ^ �{� �r� � •�y. Arny Poffenroth, PEng, MBA Acting Commissioner Growth and Community Services Departmernt .�' � . Patrick Woods, CGA Cit�y Manager 48 � �� REPORT T4 COMMON CDUNCIL 18 June 2013 �. '�o: �� His Worship Mcl Norton c�ty of Saint John and Members of Common Council Your Worship and Councillors: SUBJECT: Heart and Lung Act- Indexing An Act Respecting The Saint John Fire�ghter's Association, provides that a pennanent membcr of the Fire Deparirncnt rendered unabtc to carry on his duties in the Saint John Fire Department as a result of any condition of impairment of health caused by hypertension or heart disease, or disease or permanent injury to the lungs resulting in partial or permanent disability or death sball be presumed io ha�-e been disabled in line of duty with the Fire Department. Thc Act then goes on to provide for a pension for qualifying individuals up ta sixty percent of his or her full wages at the time of� 111e permanent member's disability retirement. Othcr provisions apply to short service employecs and surviving spouscs. There are currently 17 meinbers receiving benefits under the tcrms of this Act. These benefit provisions were administered by the former pension board. The City will now bc directly responsible far determining the merit of clairns under this Act as the Pension Board no longer administers disability bencfits. If the member did not qualify for a 60 percent pension under the Pension Plan, the City is obligatcd to `top-up' the differcnce. Up to the timc of conversion io the Shared Risk Plan, the City indcxed the portion of the top-up at 2% per year consistent with the then Pension P1an benefits. This indexing provision was bascd on longstanding practice ana is not specifically�nandated in the Act. With the conversion to the SRP the question has arisen as to the appropriate treatment of the indexing provisions for the current Heart and Lung Act bene�iciaries. Staff believe the most equitable approach is to have thc top-up indcxed at the saane rate as that provided annually by the SRP. This approach wi11 not disadvantage the beneficiaries nor wilI it provide a better benefit than other retirees. This will also allow for ease of administration as any inflationaa-y increase that is granted will be the sarne for the pension portion and the City top-up portion. 49 Recommendation Resolved tnat cffective January 1, 2013 the annual indexing of the City portion of the benefits provided under the provisions of�4n Act Respecting The Saint John Firefrghter:s Associatiorr be calculated and applied at the same percentage as provided for pensions for thc year in question, under the City of Saint John Shared Risk Plan." Respectfixlly submitted, � �� atrick Woods, CGA CITY MANAGER 50 ��r.�,��' �� l��T�!'��'l`�T �,�•'.JI`�T�'`I ►1� . .._� I� �� .�, �}�� .e� M & C-2013 - 134 City of Sa�nt john June 18, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Boardwalk Cafe BACKGROUND: Common Council has expresscd a desire to receive information regarding the Soardwalk Patio and Cafes: ihe ownership, operations, legal interests and rights to the area as well as the financial considcrations associated with same. Saint John Waterfront Development (SJWD) and Real Estate Services worked jointly to create this report and also met with the stakeholders to discuss the matters and share thoughts around issucs and opportunities. The Boardwalk �'atio and Cafe area is about 400� square metres and is licenscd by The City of Saint John to the Hardman Group. The Hardrnan Group works with the tenants who usc the exterior adjoining patios during the sumrner and fall months. The licensed area is 364 sy. metcrs as per the current Licence and is sihzatcd on a portion of stoppcd up and closed xight-of-way known as North Market Wharf. Thc Patio and Cafe License provides thc Licensee (Hardman Group) ergo its tenants, the right to set up seasonal patios and sell their wares. The annual fec for the Patio and Cafe License is currently$2,000.00 per annum. The Patio and Cafe License Agreement is managed by the City as Licensor; l�owever the management oversight is controlled by SJWD. In recent years, SJWD was assigned to be the go-to organization for the rnanagemcnt and prograrnming that occurs at the Plaza, Boardwalk, and North Market Slip area. 51 i M&C-2013 134 -2- May31,2013 Annually, the Hardman Group and SJWD rcview the line-up of pIanncd programrning and spacing requirernents for events, activities, markets as well as social and special community gatherings around the Boardwalk and Plaza. The Market Square Complcx Lease (MSCL) provides for a prornotional fund with contributions from thc City and tenants. Separate from thc MSCL, the landlord (Hardman Group) and the North Market Wharf restaurant owners formed a North Market Wharf Tenants Association. This association consists of four restaurants, the Hardman Group and two bevcrage corn�anies with a total annual contribution of$1b8,000. The $168,000 is utilized to cover the operating costs (advertising, promotion, and fees for entertainers) of select e��ents and entcrtainment on the Boardwalk and restaurant patio area of North Market slip. The goal of the association was to market and promote the "patio/restaurant" esiablishments with a view tawards driving increased consumer awareness and patronization of thcse waterfront amenities. In addition, these marketing efforts assistcd in the brand development of the North Market Slip, Plaza and Boardwalk area as a"happenin�place" and destination for visitors aud residents. The Patio and Cafe License is currently expired (2010)howcver, the over-holding naturc of the agrecment keeps key items such as insurance, indemnification and ]icence fees, etc, in order. An analysis of thc fair market value of thc Boardwalk area has yet to be completed. City staff will continue to seek comparable arrangements and expert advicc to determine a suggestion of value for the area liccnscd. As SJWD continues to develop a mastcr plan of renewal and refurbishment for this particular location (Plaza, Boardwalk and Market Slip), it appears there is an immediate opportunity to review the Patio and Cafe License as it relates to a sound business case which identifies fair valuc, cost effective inutual bcnefits, potential improveinents and futurc opportunities for�-owth. In addition, there is opportunity to structure the agreement in such a way that SJWD can determine thc ncccssary standards and impxovements which may be desired in the Boardwalk Caf� area and work towards a rcnewed and consistent vision for tlie Plaza and Market Slip areas. RECOMMENDATION: That Common Council dircct C.ity staff to negotiate a Patio and Cafe License for Council's review reflecting Fair Value and cicarly identifies the protocols for management oversight and programing around the Boardwalk area, as well as direct 5JWD to collaborate with the Hardman Group to establish the standards for patio infrastructure and operations. 52 M&C-2013-134 -3 - May31,2013 Respect,fxrYly submitted, ,t. � Brian Irving, BBA Manager Real Estate Services --,.-� -{��_ Cathy Grah �, CGA Actin Com, 'ssioner of Finance and Administrative Services r U 7t atrick Woods, CGA Ci y Manager 53 � ` � , � � � ► � � � _ � _ ' _ �: � i ��,. �, M " � $�;� � _ �� !ti .. /'4 - � � • ` - � � � � � �. i � � � , � t _ . .�'�.-�" � ,.� 1� _ ' r' � ,�_,;A=. .r'' , ,._ .r t , . ' ,. r , . � ,�� r i • � � '.� '.. , '� � , , . � � T.'` - T t / • _• � , J t �� J � . _ . f� . ` � � �I . ! 7 �� • � ' ' ' �' " .•�r `: �.,�-�- 3 e !. �'�_ --' , �' � 1 . . _ -- � /� a � r + i � � �, �, _ , " �� _'„�- . �� - _ - � - �► �, . � ,, , � , ` �r��.�'- - ..A. r � :� ` j � .` , .-� '.1�' i . � ` - . ! � ti .�-• „'�° �' '� �` � S� � '� � 20 m � � � � � � �� .�- - �,' � � � - .:1. ...�.� � - , 5U ft �" �•'• . r � _ �'�' - _..._...__.. ' � � .. }.� 54 Saint John 11 th Floor,City Hall,11 i8rne�tage,Hotel de�Ile Parking Commission P.O.Box 1971 /C.P.197� Saint John,N.BJN.-B. E2L 4L1 Comrr�issian sur Tel/T�I: {5fl6)658-2897 le stationneme�t de Sair�t John Fax/7elecopieur: (506)649-7938 E-mail/Courriel: parking�saintjohn.ca June 13, 2013 J. Patrick Woods, City Manager City of Saint John 8tn Floor, City Hall Saint John, NB Dear Mr. Woods: RE: Speciaf Event Request—Five Hole For Food Smythe 5treet Parkin�Lot-PID#40147 At its meeting of lune 12, 2013, the Saint John Parking Commission approved the request of Five Hole for Food to use the Smythe Street Parking Lot as the venue for their fundraising event for local food banks on Sunday,July 7, 2013. Attached is the following infarmation: • Copy of e-mail correspondence from Richard Loat dated May 14, 2D13; ■ Copy of License Agreement between the City of Saint 1ohn,the Saint lohn Parking Cammission and Five Hole For Food; and ■ Copy of Schedule "A" which shows the City-owned property that will be used during the special event period. it is recommended that: 1. The City enter into a l.icense Agreement in the form as attached#o the letter from the Parking Commission to the City Manager dated May 28, 2013 (the "License Agreement) tQ grant permission to Five Hole for Food to use a portion of PID 40147 to hold a special event on July 7, 2013 upon the terrris and conditions stipulated in the License Agreement; and 2. The Mayor and Cvmmon Clerk be authorized to execute the License Agreement. Yours tru , i har Smith eneral Manager 55 www.saintjohn.ca Smith, Richard From: Richard Loat[richard@fiveholeforfood.com] Sent: ues� d~ a May 14, 2013 1:31 PM To: Smith, Richard Suhject: Re: Five Hole For Food Saint John Fair enough - well, if we can have the previous spot we've used for July 7th that would be ideal. Thank you for helping us look into this and moving things forward! Richard On Tue, May i4, 2Q13 at 8:32 AM, Smith, Richard<richard.smith(cr�,saintjohn.ca>wrote: T:�«is the clean up cu•;�for t;�e eve:it so i#wil� no� be�v�i��ble. Zic�ard � Ser.� using Elac�cB_rry From: Ri h L t [mailto:richard@fiveholeforfood.coml Sent: Tuesday, May 14, 2013 12:09 PM Atlantic Standard Time To: Smith, Richard Subject: Re: Five Hole For Food 5aint John Hey Richard, Quick update- I had made a mistake in my date. We will be there for 7uly 7th. I notice Salty Jam finishes on the 6th, is that space possibly available then? Richard On 2013-OS-14, at 7:11, "Smith, Richard" <nichard.snaith(cr),saaintjohn.ca>wrote: F:i R:cha�r, �i��iat�°�G hGs been boo':e� ay the Salty Jam �estiv2l and :s :�ot a��Gilub;e on �h�t cace. I �el`.eve the previo�s f�cation 4:�ou:a '�e��ailaa!e on�hat date au��t wou�d ��,ve to be confirmed as well ar.d approved by�ommon cou�ci; �efore i�co�.ld ae �:sed. Richar� �6 From: Richard �oat �mailto:richard@fiveholeforfoad.com] Sent: Monday, May 13, 2013 5:19 PM To: Smith, Richard Subject: Re: Five Hole For Food Saint John Hey Richard, Thanks so much for getting in touch! We'rc looking to host the event for about 3 hours on July 6th. The timing of thc c��cnt is flcxiblc in as much as we can do 12-3 or 3-7 whatevcr fits the schedules of the powers that be. What else can I send your way? We'd be setting up one rink as we have in years past and the event is drop in ball hockey to benefit the local food bank. Daes that help? Richard Qn Mon, May 13, 2013 at 12:59 PM, Smith, Richard�richa�d.smith�saintiohn.ca>wrote: Hi Ri��a:G, Please outline the estimated tim�;rou will ae i:i Saint'ohn and wh?n you will require�t�e venue si�e firs: o;al' anc then we can see w��her or not i� is possi�l�to place it in t:�e N;arke�Squ�_re a�e� or board wal�area. Cther�eoc:e :�ave authori��:in t��ese areas so � canno�r�o`ask ab�ut the sice un?il I know dates. Zichard From: Richard Loat [mailto:richard@��ehofeforFood.com] Sent: Monday, May 13, 2013 4:04 PM �7 To: Smith, Richard Cc: Darren Scherck; Vic Lo Subject: Re: Five Hole For Food Saint John Hey Richard, I hopc things are well in Saint John! I wanted to get in touch to chat with you about locking down a spot for Five Holc for Food this summer in Saint John. I realize the time is ticking and we dropped the ball on cominunicating with you guys but I hope you can help us move things along. Is it possible to host a game in the Market Square or in thc board walk area this year? Let me kno�v what you think and I look forward to hearing from you? Cheers, Richard On Sun, May 12, 2013 at 7:15 PM, Darren Scherck<darren _,fivcholcforfood.com> wrote: ---------- Forwazded message---------- From: Darren Scherck<darren.scherck{a�gmail.com> Date: 15 February 2013 06:28 Subject: Five Hole For Food Saint John To: "Smith, Richard" <richard.smith(a�saintjohn.ca> Cc: Darren Scherck<darren(u��fiveholeforfood.com> Hi Richard! We're ramping up the Five Hole organi?ing and are excited to be heading bacic to Saint John. This year we're Iooking to have the event at a different location and I'm wondering if you know much about the Market Square location. From thc pictures online, it looks possiblc to run an event there. Would we be ablc to work with you on that? I've included my FHFF address on this as I'm moving all my FHFF correspondence o�•er there. Chcers, Darren �8 ry . _� -. ... ... A��i....i_ . - _i . �/.� ,.y�..... .�. .i __._.i. __ ..r _. ✓.� . _�_.J. ��. _ ...._ "�'.-� . .�.. .��_ ._ 604-420-0087 darren.s cherckC��mai 1,com n .;°._ - �.: _- � �'� - _ ...� i__ __. _. ✓..... .� �) � ..... __l _ .�.. ..... ✓. ......,, b04 420-0087 �- - n Richard Loat CEOIFounder� Five Hale for Food 778 846 5625� fiveholefarfaod.com @fiveholeforfood FB:Ifrveholeforfood ��IQ� Richerd Loat CEOIFounder� Five Hole for Food 778 846 5625� fivehofeforfood.com @�iveholeforfaod�FB:Ifiveholefnrfood �I�i�1 �9 Smith, Richard From: Richard Loat[richard@fiveholeforfood.com] Sent: Tuesday, May 28, 2013 3:21 PM To: Smith, Richard Cc: Tompkins, Melanie Subject: Re: Use and Access to SymtheStreet Parking Lot-July 7, 2013 Hey Richard, Thanks for the nate -we work with the Community Food Basket of Saint John which allows us to operate in New Brunswick. Also, we don't generate any revenues, everything that is raised gocs dircctly to our beneficiary, which is thc Food Basket. With the license agreement, would this be something that the food bank can sign on our be�alf in Saint 3ohn to expedite the process and save the back arid forth by mail? Thank you for helping to push this ahead. Do let mc know the answers to my q�estions and we'll make it happen as quickly as possible. Richard On Tue, May 28, 2013 at 10:55 AM, Smith, Richard<richaa•d.smithCa�saiantjohn.ca>wrote: Hi Richard, I am in the process of putting your request together and I rnust have approval from the Saint John Parking Commission and Saint John common Council before I can approve the usc of our parking Lot. In order to have it go before Comanon Council and the Saint john Parking Commission , I need the License Agrecmcnt to be signed by your group and the question asked by the City 5olicitor regarding t.he following comment answercd ( refer to aitached memo from Melanie Tompk�ns dated May 21-2013): We note that Five Hole for Food is not registered to do business in New Brunswick. Could you kindly pursue ihis with them. - Can you please provide an explanation to this comment so I can reply to the City solicitor. In addition, I have an license agreement that must 6e signed before it goes to Common Council and Saint john Parking Commission so I need an address to send this agreement to for sigiature. Once I receive the address, I will courier the document out for signature and have you sign and return the license agreement by courier since we are very close to your event and all approvals must be received before the parking lot can be used. Please responsc to my e-mail so I can move this rcquest along very quickly. If you have any questions my phone number is 506-649-6009. 60 ?_ ,_ !..�. I v, �,:-: 4':, ... ... , . `.�, . !;;. �`4` ,, �a., • .. ,,,___-' . 'r: _ � . .. ._ !.�.... _ ��_.�.... ��. , {i�- (�i I`�i ;.ii Si�l�! : .:C�;►ti • . • ' .<. � ,? _� .; �� .' ._. .v ...� . 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( . ,�,I• � `" 1}��, � ' � - ``' .�1 ! 'i� ,� ,��3 `, � s,�� C7 ^t 3 . r ., . .�� ,t. ♦— . `�� , ,�� . ,• ��.� ti'ti� .S�' ?` . .� g.s � • �� . ,l,�,. y 1, ;i I . '�T � l \� . ti . , ' �' I, �`�� 1 ` ''i � � % 65 �' �, � ,� � . \�, . ti. 5�ir�t John F'arking+Ct�mmission � A T� �O�TAT TD A AT�7T � � Gommission sur le �f�� 11�� 1 nL7.1�1 1 J. stationnemer�#de Sair�#John June 13, 2013 Mayor Mel Norton and Members of Common Council City of Saint John 8tn Floor,City Hall Saint 1ohn, NB Your Worship and Councillors: There have been some ongoing discussions about the possibility of amalgamating the Saint John Parking Commission and the Saint John Transit Commission. The most recent review of the City's Agencies, Boards and Commissions had a proposa!to combine the Parking and Transit Commissions. The boards of both the Saint John 7ransit Commission and the Saint John Parking Commission have considered the question of a merger of the commissions. Options considered were: 1. Maintenance of lndependent Commissions—Appoint Separate Boards 2. Maintenance of Independent Commissions—Appoint Common Members 3 Legislative Amalgamatior�—Separate Funding Structure for SJPC and SJTC 4. Full Legislative Amalgamation The Boards could not find any benefit from a legislatfve amalgamation. The Transit Commission provides a public service and operates with a subsidy from the City where the Parking Commission makes a profit. However,the Parking Commis5ion's prafits and capital have been dedicated to the payment for the new parking garage at Peel Plaza. The Parking Commission also uses the profits to look for new opportunities to develop a balanced parking strategy for Saint John. The Parking Commission also generates+ncome for the City of Saint John from on- street parking and enforcement. We believe the parking anc!transit operations are significant business units and should be operated as separate entities. Maintaining the status quo as an option does not seem to go along with the present thinking in trying to maintain the downtown core as a financially viable location to carry on business and to have viable neighborhoods. Without question, at a policy IevEl,Transit and Parking should be considered a single unit. 66 z Maintaining indepencfent commissions with a common board seems to have the most promise at the present time. A unified board has the benefit of allowing for the co-ordination of the goals of both Parking and Transit and allowing for the development of common policies which benefit both commissions and the City. We believe this can be achieved by making all appointments as joint appointments to both Transit and Parking;when the board5 meet,the attending commissioners can co-ordinate policies and can work together to maintain the downtown core and to serve the needs of the public. The boards have been meeting jointly for some period of time which has resulted in the development of the Comex system, the enhancement of the Park and Ride sy5tem and other coordinated projects. Should Common Council adopt a policy of joint appointments to the boards of both commiss+ans,the only other change necessary would be to ensure the expiry dates of any intermediate appointments allow for coordinated future appointments to both Cammission5. We request the opportunity to make a presentation to Comman Council to provide more details on this matter and to answer any questions that may arise. Yours truly, E r Donna Reardon Chair Saint John Parking Commission Saint John Transit Commission /vf 67 1 SAINT JOHN PARKING COMMISSION/SAINT JOHN TRANSIt COMMISSION BACKGROUND INFORMATION Saint John Parkin�Commission The Parking Service offered by the City of Saint John,through the Saint John Parking Commission, provides all citizens access to both on-street(meters, permits,special events)and off-street(hourly and monthly parking locations) places to park within the uptown area of the City. This service is a key component of transportation infrastructure and is critical to the Cit�s core economy. It enhances the viability of the City core through the support of local businesses, institutions,tourism and community-wide participation in social and cultura! activities while promoting the safety of our residents and visitors. It also helps to improve the environment by ma+ntaining a balanced system of parking that includes the increased use of transit, ridesharing, walking and biking, adding more green space through a decrease in the number of surface parking lots. Services provided to the public and business community are: on-street parking (parking meters, residential parking, commercial parking, sale of parking tokens and on-street commercial parking permits); and off-street parking(hourly/daily parking, monthly parking spaces). The significant majority of the service area is uptown business district and residentia!areas of the 5outh-Central Peninsula; however, with the recent implementation of Winter Parking Restrictions,the senrice area has been expanded to include most City streets. Quick Facts: • 7Q0 metered and pay&display on-street parking spaces in the uptown area; • Approximately 2,604 spaces in 3Q surFace parking lots and 3 parking garages in the uptown area; • Average of 36,000 parking tickets issued annually; • Average of 1,�00 residential parking permits issued annually; • Average of 350 commercial parking applications processed annually; Saint John Transit Commission The Transit Service is a public service that provides the community with safe, accessible and environmentally friendly public transportation by way of bus. Delivery of service is provicled by Saint John 1'ransit and service consists of scheduled routes,some of which are guaranteed to be accessible, parallel service for the physically disabled, bus cF�arters and site seeing tours. Focused on the environment,the Transit Service offers a number of environmentally friendly park and ride transportation programs within the community and the region. Quick Facts: • 95,000 service hours annually • Projected 2.5 Million riders(2012) annually • Fare range$2.5Q-$3.50 per trip/representing approximately 50%tax subsidy 68 z Pro�ineial Le�islation It is important to understand that both SJPC and SJTC have clearly defined mandates, rights, powers,duties and obligations which have been provided/imposed through Provincial legislation. The Saint lohn Parking Commission Act states, "The Commission shall exist for the purpose of conducting the necessary activity to maintain current data leading to the efficient operatior�of both street and off-street parking faciiities,for the fuf�llment of public needs in relation to parking, establishing a permanent co-ordinated system of parking facilities, planning, designing, locating, acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, land, buildings and facilities to be devoted to the parking of vehicles of any kind." The Act aiso clearly indicates that fees collected by the 51PC are to be designated "for the purposes af providing for the payment of expenses of the Commission,the purchase of property and the construction, improvement, repair, maintenance and operation of its facilities a�d properties,the payment of principal and of interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations or with the City." Therefore,any funds received by the Commission from its operations "shall be used only for the development of municipal off-street parking facilities". The Saint John Transit Commission Act states, "The objects and powers of the Commission shall be the establishment,development, maintenance and operation of a public transit system." With respect to financing Transit operations,the Saint John Transit Commission Act states, "the City shall be liabie for and shall pay to the Commission"the amount of TransiYs annua! operating loss; and "the City shall have sole responsibility for financing capita!expenditures of the Commission, either from City operating revenue or contracting with third parties...". Common Council approves the annual operating and capital budgets of the SJTC. Financial Considerations + Saint John Parking Commission A question that keeps coming up on a regular basis is whether the surplus revenues earned by the Parking Commission from its off-street operation each year should be ailacated to reduce the funding requirement of the City to operate a transit system. The SJPC receives its revenue from its off-street parking operation where it leases, owns and uses various City properties to provide a combination of hourly/daily and monthly parking at various iocations throughout the downtown core area. The annual surplus of the SJPC off-street parking operation has provided net revenue of between$200,000 to$400,000 depending on the year and the number of projects that were undertaken in a particular year. The balance of accumulated SJPC funds currently stands at approximately$4,200,000. At present,the SJPC is able to cover its own expenses and can operate independently with na funding required from Comrr�on Council. 69 3 The SJPC also receives a small management fee from the City to maintain the City'on-street parking program,ticket processing system, court processing system for coilection, parking complaints and enforcement for parking meter and city bylaw ticfcets.The SJPC operates the on- street parking program under a City Parking Administration Budget, approved by Common Councif. Gross revenues from the on-street program are estimated to be $1.9 M per year (depending on the number of tickets issued, and the amount of fines collected} less operating expenses of approximately$560,000, resulting in a net surplus of$1.1M - $1.4M which is retained by the City of Saint 1ohn. The new Carleton-Sewell Parking Garage, a major component of the Peel Plaza Project,was built with a contribution of$8M from the Provincial government(approximately 46%of the estimated capital cost af$17.2M);the balance of the capital funds will be financed by a municipal bond. The S1PC pfanned to co�er any shortfall in operational funding for the parking garage,which is estimated to be in the$350,000 to$50�,000 range depending upon the volume of business,from the SJPC's annual operating revenue surplus and/or accumulated S1PC funds. If it was the intention of Common Council to amalgamate both Commissians together in order to use the funding from the SJPC to help cover any S.1TC shortfall in revenue,then this is contrary to current legislation. Furthermore,the SJPC intends to use the accumulated funds derived from the off-street parking operation to cover any shortfalls in the financing and operation of the parking garage, as welf as to fund and promote our regular parking programs and new projects. We are confident that we can accomplish this goal provided the SJPC funds can be used for parking initiatives. • Saint John Transit Commission The SJTC collects its revenue from cash fares, sale of Transcards and monthly passes, charters, school bus contract, bus advertising,and other miscellaneous sources. Annual gross revenue for the transit service is appraximately$5 Million, and annual expenditures are around $10 Million resulting in a shortfali of$5 Million. The City of Saint John funds the transit service out of General Revenues in the amount of the annual deficit. Go�ernanca With respect to governance,SJTC and SJPC each have a board consisting of se�en members appointed by Common Council. From the membership, a chairman,vice-chairman and secretary-treasurer are elected. Each commission employs a General Manager, who reports ta the Commission and supervises the day-to-day operations and undertakes activities to carry out the direction of the Commission. Historv of Collaboration Between Parkin�&Transit In past years, each organization had very little to do with the other as there was no overlap in operations. However, in January 2005,the SJPC completed Phase 1 of a Strategic Parking Plan for Saint 1ohn.One of the recommendations coming out of the study was that the SJPC and the SJTC should work together towards developing a Transportation Demand Management Plan which would reduce the need to provide parking in Uptown Saint John and the associated long- 70 4 term cost of infrastructure. It was at this time that the idea of amalgamating the two commissions came about. The two commissions,though still acting independently, began holding their regular meetings together, and continue fio do so. Common Council then took the direction of appointing the majority of inembers to both the SJTC and the SJPC,with one or two members sitting only on one commission or the other. The reasoning behind the clecision to appoint members to both commissions was to enable the commission members to review both operations and enact policies that wi!! be beneficial to both SJPC and SJTC operations. The Chairman of the 5JPC was also the Chairman of the SJTC. By February 200fi, �hase 2 of the Strategic Parking Plan was completed and Parking and 1'ransit were working towards creating a TDM plan that included ride sharing and bus service to the outlying communities such as Hampton, Grand Bay-Westfield, Rothesay and Quispamsis. The expanded service was made possible through federal and provincial grant programs along with the following: • Construction of a new Transit Facility • Purchase of 15-17 new buses which upgraded the bus fleet • Development of pick up areas including bus shefters • Development of Park and #tide lots where people could either park their vehicle and take the Comex bus into the City,or park their vehicle and carpool ta work in the City • Provided funds to the Parking Commission and Transit Commission to develop new web based programs to communicate the transportation services available to the public. Around the same time,the Peel Plaza Project was also being planned;this project included the new justice building, police station and a 446-space parking garage. Analvsis We reviewed the pros and cons of combining the two commissions; issues discussed were operational requirements, customer-service expectatians and stafFing needs. Upon closer examination, it was deterrriined that there would be no significant savings,operational efficiencies or benefits in combining administrative staff. The real question to consider is-What do these Commissions have in common and how can they best serve the City of Saint John? The answer relates to the direction that was given by our parking consultant back in 20Q5 when he recognized the importance of Parking and Transit working together to understand and promote the idea of Transportation Demand Management. A close relationship between Parking and Transit can exist at the strategic level through a co- operative effort to make the transportation system to the uptown area as wel!as other parts of the City more efficient and effecti�e.This can be accomplished by continuing to encourage alternate forms of transportation such as transit, ridesharing, biking anc!waJking,consequently reducing overall parking demand—a significant savings in infrastructure costs for the City of Saint John. 71 5 The ability of the Saint John Parking Commission to plan for and contribute to f�ture development of a co-ordinated transportation system,to participate in important community initiatives such as Comex, Park and Ride,and the Bike Parking Study,and community projects and events including Harbour Passage and Salty Jam Festival, is greatly facilitated by the authority granted to the Commission within the Act to set its own goals, objectives and budgets, and to retain any surplus monies. It is important to note that the Saint lohn Parking Commission's off-street parking operation receives no funding support from the City. Considerations for Commission Structure: 1. Maintain Independent Commissions—Appoint Separate Boards • Coun�il appoints members to one commission only—Parking or Transit. • Generai Manager and Staff for each Commission + Separate mandates • Separate financials • No requirement to change legislation • Commissions can work in cooperation with the other at the management levei to promote alternate forms of transportation (transit, park and ride, carpooling, biking, etc.)to reduce parking demanc! and associated operating and capital costs of parking infrastructure. • No formal direct linkage • Not recommended 2. Maintain Independent Commissions— Appoint Common Members to Each Board • Council appoints members to both Transit and Parking Commissions • General Manager and staff for each commission � Separate mandates • Separate financials • No requirement to change legislation � Requirement to change council policy concerning appointments of inembers to both Parking&Transit • Requires co-ordination of terms for members • Ability ta have access to both Transit and Parking operations which enables Commissions to make informed decisions on transportation matters that wili benefit the City and both commissions. * Commissions can work in cooperation with the other at the management level to promote alternate forms of transportation (transit, park and ride,carpooling, biking, etc.)to reduce parking demand anc!associated operating and capita! costs of parking infrastructure. • Recommended option 3. Legislative Amalgama#ion—Separate Funding 5tructure for SJPC&SJTC • Creation of a single commission � General Manager to oversee both Parking&Transit 72 6 • Manager for each Parking and Transit would be required . Legislation must be repealed for both Parking and Transit and new legislation drafted • Financial reporting would be integrated; however, legislation structured to ensure funding for each area remains separate. • Each area undertakes activities for its mandated responsibilities{as set out in iegislation) 4. Full Eegislative Amalgamation of SJTC and SJPC • Creation of a single commission • General Manager to oversee both Parking&Transi# • Manager for each Parking and Transit would be required • Legislation must be repealed for both Parking and Transit and new legi5lation enacted • Financials (budgets, revenues, expenses, reporting)would be integrated • Each area undertakes activities for its mandated respo�sibilities(as set out in legislation) • Not recommended 73 s �^" q'F TURNBULL CHAPTER The Cunadian Avi�tiun Hrstorical Socrety � ,� NEW BRUNSWICK Dedicated�o�he P�rservation of Canada's Flyirrg Herrtage J '��m,;i cwP" 08 June 2013 Mayor Mel Norton and Members of Common Council P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Norton and Councillors: On behalf of our New Brunswick members, I wish to invite you to attend our Battle of Britain commemoration to honour the five New Brunswick pilots who died during the Battle of Britain. We are bringing together the families of these five pilots, as well as the families of the other fifteen New Brunswick pilots who atso served during this battle. This commemoration will be held at the Wade- Myles (aviation) Park, at the M. Gerald Teed Memorial School (elementary) on the site of the former RCAF Station Saint John, on Tuesday, 10 September 2013 at 1100 hours. In addition to these families, we have invited Squadron Leader (ret'd) John S. Hart, DFC, the sole remaining Canadian Battle of Britain pilot, who is from Sackville. His Honour Lieutenant Governor Graydon Nicholas, has also been invited. The Chief of the Defence Staff, a former member of our own 410 (City of Saint John) Squadron and Brigadier Le Grys, the British Military Advisor, are among the invited guests. We have also invited Mayor LeBlanc of Moncton, Mayor Woodside of Fredericton and Mayor Barry of Sackville. Three of the five pilots who died were from Saint John and a commemorative painting was unveiled during last years Wade-Myles Park ceremony. The other two were from Moncton and Sackville. In addition to the commemoration ceremony, we will plant memorial trees in the adjacent Veterans Memorial Tree Park. This is a project of the Turnbull Chapter, to raise funds to implement the Wade- Myles/Cougars Bursary Fund for New Brunswick RCAF descendants and Air Cadets. We will be seeking a sponsor from the City for one of the memorial trees. We hope that you are able to join us on this day. Yours truly, _ ? � l./�, Harold E. 'ght Chair, Wade-Myles (aviation) Park Turnbull Chapter, CAHS PO Box 6326 Saint John, NB, E2L 4R7 74 `V ` ' �. �. P � R'� '�" � C�J �� . � � �� .J � CIL M & C2413 140 .��- sf.�� i� �n \ Junc 20, 2013 � - "�� ': c�.�-a ' .�e:= y��, i His Worship Mayor Mel Narton � and Membcrs of Cornmon Council -�,e�;iy�,g°�� Your Worship and Members of Council: SUBJECT: Contract No. 20I2-12: — Simpson Drive New Curb and Sidewalk BACKGROUND The dpproved 2013 General Fund Capital Program includes a project for the constcaction of new concrete curb and sidewalk aiong Simpson Drive from Golden Grove Road to Tim Street. This project also includes the cold milling and full width asphaft reinstatement on Simpson Drive from Golden Grove Roaa to Tim Street. TENDER RESULTS Tcnders closed on June 19, 2413 with the following results: 1. NRB Construction Company Limited, Saint John,NB $127,380.95 2. MIDI Construction Ltd., Saint John, NB $137,221.55 3. Hi Roc Construction LYd., Saint John,NB $137,519.59 4. Maguire Excavating Ltd., Saint John,NB $157,777.83 The Engineer's estimate for the work was $160,200.00. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in alI respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tendcr. It is anricipated (subject to contractor schedules) that construction of this project will commence in July 20]3 and finish in August 2013. 75 M&C2013- ]40 June 20, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 General Fund Capital Progam. Assuming award of the Contract to the low tendcrer, an analysis has been completed which includes the estimated amount of rhrork that will bc perfor�ned by thc Contractor and City forces. T7�e analysis is as follows: Budget $150,000.00 Projcct net cost $130,540.Q0 Variance (Surplus) $19,500 PQLICY—TENDERING�F CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance wiih the provisions of Council's policy for the tendering of construction contracts, the City's General Spccifications and the spccific project specifications. RECOMMENDATION It is recommended that Contract No. 2012- 12: Simpson Drive New Curb and Sidewalk be awarded to the low Tendcrer, NRB Construction Company Limited, at the tendered price of $127,38Q.95 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorizcd to execute the nccessary contrac�documents. Respectfully submitted, �� g � � � � � � - Pierre LeBlanc, M.I.T. Brian Keenan, P. Eng. Municipal Engineer Engineering Manager � Wm. Edwards, P. Eng. J. Patrick Woods, CGA Cornrnissioner City Manager Transportation and Environmcnt 76 a �i�� .. �, -� ;�_::f�,r G.`l� � ��y��'_��. � '1�1C CYf�jT Of Sa�II[JOhll June 17, 2013 Deputy Mayor and Councillors Subject: City of Saint.lohn Shared Risk Pension Plan The Comm�ttee of the Whole, having met on June 17, 2013, adopted the following recommendations: RESOLVED that Common Council adopt "The Ci#y of Saint John Shared Risk Plan" dated as of January 1, 2013, prepared by Goodmans LLP, recommended by the Task Force on Protecting Pensions established by the Province of New Brunswick, and submitted ta Common Council on June 17, 24�3; AND FURTHER that the Mayor and Common Clerk be authorized to execute the said document. - and - RESOLVED that Common Council aclopt the "City of Saint John Shared Risk Plan, Funding Policy" dated as of January 1, 2Q13, prepared by Goodmans LLP, recommended by the Task Force on Protecting Pensions established by the Province of New Brunswick, and submitted to Common Council on June 17, 2013; AND FURTHER that the Mayor and Common Clerk be authorized to execute the said document. Sincerely, ��i�� Mel Norton Mayor 7�"�r�;��.� ^�s� SAINT JOHN P.O.Box 79�T �aint Johrt,I*,B �`ara�� f2L 4�!'I� �n�;,,�,-:,.s��ir�tjohn.c,� � C.P 1�7I ��nt Je�t�e�,Fd:�.��r��1a EZ�-��l THE CIT� �F SAINT JOHN SHARED RISK PY.AN As af,Tanua�ty 1,2013 78 TABLE OF CONTENTS Article I BACKGROUNB AND PURPOSE OF THE PLAN........................................................1 Article II DEFII�IITIONS......................................................................................•---•-•-••-•---........_._.2 Article III EL�GIBILITY AND PARTiCIPATION.......................................................•--._............5 ArticleI'V FUNDING..............•--•---......_......................................_............................................_....10 ArticleV BASE BENEFITS..................•...................._........................-•----...--•--....................._......12 ArticleVI COLA...................... . ................................................................................................14 Ariicle VII BENEFITS ON TERMINATION OF EMPLOYMENT...................................,........15 Article VIIT llEATH BENEFITS.....................................................................................,............17 ArticIeIX DISABILITY...............................................:.:..............................................................20 Article X DESIGNATION OF A BENEFICIARY.......................................................................22 Article XI NORMAL RETIREMENT...........................................................................................23 Article XII FORMS OF PENSION BENEFITS............................................................................24 Article XIrI EARLY RETIRENIENT......................................................................•------•-.............26 Article XIV POSTPONED RE1'�REMENT..................................................................................28 Article XV ADMINISTRAT�ON..................................................................................................29 Arlicle XVT DTSCLOSURE...........................................................................................................31 Artiele XVII IlVVESTMENT POLICY AND RISK MANAGEMFNT FRAIV�WORK............33 Article XVIII FiJNDI1�G POLICY..............................................................................................34 Article XIX AS�IGNNIENT AND CONIl�IUTATION.OF BENEFIT5......................................35 Article XX MAXIMUM PENSION............................................................................_.................37 Article XXI AMENDMENT OR DISCONTINUANCE�F THE PLAN....................................38 Article XXII C�NVERSION�DETAILS...................................................................................•---39 �,rticle XXITI PURCHASES OF SERVICE AND RECIPRQGAL AGREEMENTS ..................40 Article XXIV ADDITIONAL VQLLTNTARY CONTRIBITTIONS ............................................4] Article XXV MISCELLANEOUS ...................................................................................... .........43 Appendix A—COLA GRANTED UNDER ARTICLE VT Appendix B—CONTRIBUTION RATE ADJUSTMENT� Appendix C---BENEFIT CHANGES 79 ARTICLE� BACKGROUND,AND PURPOSE OF THE PLAN 1.1 This C5J Shared Risk Plan is pursuant to ari agreement between the City of Saint John and the Saint Jol�n Fire Fighters Association, international Association of Fire Fighters, Local 771 and the Saint John Police Association and CUPE, Local 18, Saint Jahn City Outside Workers and CUPE,Loca1486. 1.2 The Unions and the Employer ent�red into a Memorandctm of CJnderstanding, dated December 21, 2012 (#he "Memorand�um of Understanding"), pursuant to wt�ich they agreed to convert the CSJ Plan to a Shared Risk Plan effective January 1, 2fl13 in accordance with the Memorandurn pf Understanding and the Pension Benefits Act. 1.3 Tlie City of Saint John Pension Act was repealed by the Repea�ing Act, which provided that the CSJ Plan established by the City of Saint John Pension Act continued in force until it was amen.ded, replaced or wound up in accordance with the Pension Benefits Act. 1.4 Amendments were made to the Pension Benefits Act, effective December 31, 2012, to give the Common Council of the City of Sainfi]'ohn the power to arnend the CSJ Plan for the purposes of c�nverting the CSJ Plan to a Shared R'rsk Plart in accozdance wit� the agzeed terms under the Memorandum of Understanding. 1.5 Effective Januarl� 1,2013,the CSJ Shared Risk P1an converts and repiaces the CSJ Plau. l.6 From and after the Conversion Date, the plan shall bc a Share.ci Risk Plan and shall comply with and be subject to the Pension Benefits Ac�. 1.7 The pri�rnary purpose of the CSJ Shared Risk PIan is to prflvide pensions to eligible Emgloyees a.fter retirement and uxitil death in respect of their setvice as Employees. The purpose of the CSJ Shared Risk Plan is to provide secure henafits to members of tl�e plan without an absolute gvarantee but wi.th a risk facused management approach delivering a high degree of certainty that Base Benefits can be met in the vast zxFajority of potential future economic scenarios. As a Shared Risk Plan, all future cast of living adjustrnents for current and future retirees and other Ancillary Benefits under the CSJ Shared Risk Plan sha11 be provided only to the e�ent �that fiinds are available for such benefits, as determined by the Board of Trustees in accordance with applicable iaws ar�d the plan's Fundin.g Policy. 80 _Z. ARTICLE II DEFINIT��NS 2.1 "Accumul�ted Interest" means interest on a Member's contributions credited no less frequently than anauaIly and determined as follows: (i) With respect to the period up to tbe Conversion Date, shall be "credited interest" as deterir�.ined and defined under the CS.T Plan;and (ii) As of the Conversion Date, shall be the actual rate af return of the Fund (net of the adminzstrative expenses paid by the Fund), whether positive ox negative for the Plan Year. Interest shall be calculated on a Membez's cantributions made during a Plan Year by applyi�g 50% of the applicable annua� rate of return to the total contributions made by or on behalf of a Member during the Plan Year, pro- rated, if applicable, for the period of inembership during the Plan Year. Interest that is to be credited on a date other than December 31 shall be calculated using the annual rate o�interest established on the December 31 immediately preced�ng the date in question. 2.2 "Actuarial Equivalent" means having an equai value when computed on the actuarial basis as approved by the Board of Trustees and which is in effect at the time such computation is made and which is acceptable under the Pension Benefits Act and Yncome Tax Act. 2.3 "Actaaries" means Fellows of the Canadian Institute of Actuaries appointed by the Board of Trustees for the purposes of the CSJ Shared Risk Plan. 2.4 "Additional Voluntary Cot�tributions" means voluntary contribut�ons ta the Fund by a Member in acc�rdance with Section 24.1, which are in addition to any contribut�ons payable by a Member as required u.nder Article N and any Lump Sum Voluntary Transfers. 2.5 "Administx�ator" rneans the Board of Trustees, the administrator for this CSd Shared Risk Plan. 2.6 "Ancillary Benefit"has the sarne meaning as set out in the Pension Benefits Act and, for greatex certainty, includes future COLA. 2.7 "Base Benefits" means the amount of pension paid or payable to a Member at any given time (iincluding all �•ested base benefits as at the relevant date and all vested ancillary benefits as at the relEVant date}as described under Article'V. 2.8 "Seneficiary"means that person or persons last designated by the Member in accordance with Section 1 Q.1. 2.9 "Board of Trustees" or "Trustees" �neans the board of trustees of the CSJ Shared Risk Plan and the individual members appointed pursuant to Section 15.3 and the Deeiaration of Trust, which is the administrator of the CSJ Shared Risk P1an and shall �ave those 81 -3 - duties, powers and responsibilities as outIined in the CSJ Shared Risk Plan, the Funding Policy,the Declaration of Trust and the Pension Benefits Act. 2.10 "child"or"children"shall include a natural chiFd, step-child or adopted child. 2.11 "City of Saint John Pension Act" xneans the City of Saint Jahn Pension Act, ch. 112, Acts of New Bruns�wick 1994, as a�nended, which was re�eaIed as a statute by the Repealing Act 2.12 "CSJ Plan" means the City of Saint John Pension Plan, registra�ion #02692a9, established tinder The City o�'Saint John Pension Act, as it was iYnmedi�tely prior to the Conversion Date. 2.13 "CSJ Shared Risk Plan" means this "Ciry of Saint John Shared Risk Plare" estabiished for the Employees of the Ernp�oyer, as amendad from time to timc, which con�erts and replaces the CSJ Plan as at the Conversion Dste under the Pensian Benefits Act. " 2.14 "Claimant" means fhe Spouse, Dependenx or estate of the Member, or the Memher's Beneficiary, as the case may be,and, for grea#er certainiy,uacludes Other Pre-Conversion CSJ Claimants where the context requires. 2.15 "COLA"means cost of fiving adjustments. 2.16 "Callective Agreements" means the following col3ective agreei�nents eovering ernpioyees represented by the bargaining wnits of the Ur�ions: Col�ective Agreement between the City of Saint John,N.B. and the Saint John Fire Fighters' Association,Local Union No. 771; Working Agreement between the City of Saint John, N.B. and the Canadian Unuon of Public Eznployees, Sai.nt John City Hati Employees' Local Union No. 486, C.L.C.; Working Agreement between The Boa.rd of Police Commissioners for the City of Saint John ar�d The Canadian Union of Public Eznploye�s, Saint John City Hall Employees' Loc�I Union No. 486, C.L.C.; Working Agree�nent between The Saint John Board of Police Commissioners and the Saint Jak�n Police Association; and Working Agreement between Tlae City of Saint Jahn, N.B. and Tl�e Canadian Union of Public Employces,Loca1#18 {Outside Workers), 2.17 "Contribution Holidays" means the fitll or partial reducteon of �he contributions normally paid by Employees and the Employer into the CSJ Shared Risk Plan where such reductions are required under the Income Tax Act. 2.18 "Canversion Date"means January 1,2013. 2.i 9 "Common Council"tneans the Common Council of i,�e Etnployer. 2.20 "CUPE 18"means CUPE, Local 18, Saint Jahn City Outside V1lorkers. 2.21 "CiTP�48b" means CUPE,Loca1486. 2.22 "Declaration of Trnst" means the declaration of trust entered into b}- the Board of Trustees,dated as of February 1,2013, as amended from tirne to time. 82 �4- 2,2� "Early Retirement Date"has tbe meaning provided in Sectifln 13.1 2.24 "Earnings" means the regult�r salaiy or wages of the Member pa.yable by the Emp[oyer, which, fbr greater certainty includes Iong service pay, shift differential, bonuses that replace wage increases, statutoxy ha�iday pay, court tune and on-ca11 eamings, but excludes any ovex-time and similar wages, bonuses (other than those that replace wage increases), cominissions,ta�table benefits, pay in lieu of vacation,retirement allowamce or retirement pay, gratuities or honoraria. It shall alsa include deemed earnings calculated in accnrdaxice with Article IX, when applicable, and subject to limits under tlze Incom�e Tax Act. 2.25 "Employees"means a persan employed by the Employer. 2.26 "Eraployer"means#he City of Saint Iohn,New Brunswick. 2.27 "Fnu-time Employment" means etxiployment reqniring continuous service in any perma�aent position where the Employee is required to work at least 32 %2 hours per week, but excindes Emp�oyees who are engaged in seasonaI, casual, hoIiday r�lief or part-time employment as determined by the City. 2.28 "Fand" means the assets held in trust under the terms of the CSZ Shared Risk Plan to provide for the payrnent of be�efifs as described in the plan to Members and their beneficiaries. 2.29 "Funding Policy" means the funding �olicy for the CSJ Shared Risk Plan, as amended from time to t�me, in ac�ordaz�ce with the Funding Policy, Article XVIII and the Pension Benefits Act. 2.30 "IAFF" means Saint John Fire Fighters Associatiozx, International Assuciation of Fire Fighters,Loca1771. 2.3 i "Income Ta� Act" means the .lncome Tax Act, RS_C, 1985 c.1 (Sth supplement), as amended from time to tune, togeth�r wrth any relevant regulatxons and administrative rules made thereunder from time to time. 2.32 "Investu�eut Policy" means the investment policy, as amended from time to time, established by the Board af Trustees for the CSJ Shared Risk Plan in accordance with Article XVII and�lie Pension Benefits 1-1ct. 2.33 "Lump Sum Voluntary Transfer" means any amounts transferred to the Fund in accordance with Seetion 24_2 to be held as Additional Voluntary Confributions. 2.34 "Member" means an individual who has joined the CSJ Shared Risk Plan in accordance with Article III and who remains coniingently or absolutely entitled ta a bene�t entitlement under the CSJ Sbared Risk Pian. 2.35 "Memorandum of Understanding" means the Memorandum of Understanding regarding the City af Saint John Pension Plan entered into between the Employ-er aaad the Unions on December 21,2012. 83 - 5 - 2.36 "Normal Fox-na Pension"means the normal form pension described under Article�I. 2.37 "Normal Ret�rement Date"xneans the Member's sixty-fifth{65th)birthday as described in Article XT. 2.38 "Other Pre-Conver�io�a CSJ Claimant"means eligible claimants in receipt of a pension under the CSJ Plan immediately priar to the Conversion Date and Pre-Canversion Deferred Vested Mennbers under the CSJ �lan immediately prior to the Conversion Da#e, but excluding Pre-Conversion Retirees. 2.39 "Par$meters" means the paraxneters for the Funding Policy agreed by the Parties under the Memorandutn of Understanding. 2.40 "Party" or "Parties" meat�s a Union or Unions and/or the Employer, as the context requires. 2.41 "Pensionable Service"means any per�od of err�ployment in respect of which the Member has made contributions to the CSJ Plan or the CSJ Shared Risk Plan, as the context requires, including periods during which Member contributions are waived in accordance wi�,h Section 9_4 while the Member is in receipC of long term disability benefi#s under a gmup ivasurance plan provided by the Employer oz is Tota.11y and Perfnanently Disabled. When a Member is employed in less th�an Full-time Employment for any period, the Pensionable Service of that Member for tha.t period shaIl be adjusted by the ratio of that Member's �amings over the Earnings the Member would have received had the Member been emplflyed on a Full-time Employment basis. 2.42 "Pension Se�aefits Act" �eans the Pension Beneftts Act(New Brunswic�C), ch. P-5.1, as amended from time to time, together with any relevant �regulations and ad.ministrative rules made thereunder from time to time. 2.43 "Plan Year" shall mean the calendaz year. 2.44 "Pastponed Retirement Date"has the meaning provided in Section 14.2. 2.45 "Pre-Conversion Deferred Vested Member" means a former employee of th� Employer who particapated in the CSJ Plan and had terminated employment prior to rerirement and as at the Conversion Date had not elected ta transfer fhe actuarial equivalent value of the employ ee's pension fram the CSJ P�an pension �und to azxUther pension fund, a prescribed retirement arrangement or for purchase of a deferred life aruiuiiy. - 2.�46 "Pre-Conversion Retiree"means a person who had bee�employed by the Errtployer and retired under the terms of the CSJ Plan prior to the Conversion Date and was receivi_ag a pension payable from the CS3 P1an immediately prior to the Conversion Date, but does not include any person who was in receipt of a disability pension under sec�ion ].5 of the CSJ Plan and under the age o£65 as of the Conversion Date. 2.47 "Public Sa�ety Occupation" means a "pubiic safety occupation" � defined under the Income Tax Ac� 84 � 6- 2.48 "Registered Investment Vehic�e"means a Registered Retirement Savi.ngs Plan, or ather vehicle permitted under the Income Tax Act, as designated by a Membez's Spouse pursuant to Section 8.3. 2.49 "Repealing Act" means An Act to Repeal the City of Saint .Tohn Pension Act, ch_ 41, Acts of New Brunswick 2012. 2.50 "Risk Management Framework" means the risk tnanagement framework, as amended from time to time, esta�lished by the Board of Trustees in accordance with Article XVII and the Pension Benefits Ac� 2.51 "5hared Risk Plan" means a shared risk plan as defined and described in the Pension Benefits Act. 2.52 "SJPA"means Saint 3ohn Police Associati�n. 2.53 "Spouse" means {i) a "common law partner", which is a person who is not or was not married ta the Member, but is or was cohabiting in a conjugal relations�g with the Member for a con#utuous period of at least two years irnmediateiy before the date in question; ar (ii) a "spouse", w�ich is a person who is married to the Member, provided tha#if the marriage is voidable, it has not been voided by a declaratian of nullity, or if the marriage is void, it was gone through by ea�ch person in good faith and the persons have cohabited within the preceding'yeaz before the date in question. Providing he or she is otherwise eligible, a"spouse" (under (ii) of this provision) of a Member shall be entitled to a r�ght ar benefi c�aim under this CSJ Shared Risk Plan over the competing claim of a "com�non law partnez" (umder (i) of this provision) of the Member, unless suc$ claim is barred by a valid doinestic contract between the Member and the "spouse" (under (ii) of this provision) or a decree,order or judgment of a competetxt tribunal. 2.54 "Temporary Confribations" means the temporary contributions (as descr�bed in the Pension Benefits Act}that the Employer is required to ziaake pursua.nx to Section 4.5. 2.55 "Terminatian Valae"has the xneaning assignad ta it under the Per�sion Benefits Act. 2.56 "Totally and Permaneutly Disabled" means in reFation to a Member, sufFering from a physical or mental impaitment that prevents the Mernber from engaging in any employment for which the Mez�ber is reasanably suited by virtue of the Member's educa�ian, iraining or experience and can be reasonably expected to Iast for the remainder of the Member's lifetime. 2.57 "Unions" or "Union" means LAFF, SJPA, CUPE 1$ a�zttUox CUPE 486, as the context requires. 2,58 "Vesting Date" means the date of completion of the earlier of five years of continuous employment ti-itYz the Employer or two years of inembership in the CSJ Shared Risk Flan, including, for greater certainty, membership in the CSJ P1an. Any Member who was vested under the GS'J Plan as of the Com•ersion Date shall be vested under this CSJ Shared�tisk P1an. 85 - 7- 2.59 "YMPE" s}�all ha.ve the meaning assigned by section 1 S of the Canada Perasion Plarr, RS. 1985,c. C-8. 86 -8� ARTICLE�I ELIGIBILITY AND PART�CIPATION 3.I Each Employee who is a member of the CSJ Plan as of the Conversion Date is eligible and shall automaticaily be a Member of the CSJ Shared Risk Plan. 3.2 Each Pre-Conve�sion Retiree and Other Pre-Conversion CSJ Claimant as of the Conversion Date shall be eligible for benefits under the CSJ Shared Risk Plan in accordance vvith Section 5.2. 3.3 Each E�tnployee who comrnences Fu11-time Empioymeni with the EmpIoyer on or after the Conversion Date shall be required to join fhe CSJ Shared Risk Plan on the Employee's first daLe of employment. 3.4 Each Employee who is exnployed in less than Full-time Employ�anent may become a Member upon cornpleting 24 months of less than k'ull-tinae Employment i�that Emp}oyee has earned not less than 35 per cent of the YMPE in each of the two consecutive calendar years imxnediately before becoming a Mernber. Effective �axxuary I, 2014, such EmpIoyee must becorne a 1Vlember when the Employee first meets the requirements of this Sectian 3.4 on January 1,2014 or any January 1�thereafter. 3.5 When an Employee becomes a Member o£the CS3 Shared Risk Plan, such Employee may not terminate membership exc:ept in accordance with the Pension Benefits Act. 3.6 Subject to Section 3.7, an Employee wha has bencfit ez�titlements under the CSJ Shared Risk Pla�u far a prior period of ernployment will be treated as a new Employee for purpases o�eligibility an�participation in the CSJ Shared Risk Plan_ 3.7 Where a Pre-Con�°ersion Retiree or a Memi�er who is xeceiving a pension subsequenfly becomes an Employee required to join the CSJ Shared Risk Plan in accordance witli Section 3.3 or 3.4: (i) The re-hixed Employee shall become an active Member of the CSJ Shared Risk Plan on the date thc Member is required to join; {ii} Payment of the pension to the Pre-Conversion Retiree or Membcr shall be suspended; (iii) The Member shall start to contribute to the CSJ Shared 12isk Plan and a.ccrue fizrther Pensionable Service; (iv) lJpon subsequent tez�mination of employment the ��ember's pension that was payable just befare the Me�n.ber re joined the CSJ Sl:�ared Risk Plan shall start again at the same level and under the same forin previovsly elected b1� the Mexnber (but including any COLA provided under .Article VI during the Iviember's r�-employment period);and 87 - 9- (v} Upon subsequent termination af employ�m�nt, the pension �ccrued during the perivd of re-emplayment shall be treated in acr.ordance witkt the rules a}yplicable to regular Members. � 88 - 10 - .A.RTICLE N FiJNDING 4.1 The Employer, on its own behalf and an behalf of the Ernployees who are Members of �the CS,� Shared Risk Plan,will remit monfihly contributions to the Fund as is required by the Board of Trustees from time to time, and within the time Iiznits prescribed under the Pension Benefits Act. 4.2 Initielly, sublect ta the Income Tax Act, the contributions required from Employees who are Members of the CSJ Shared Risk Plan shall be: (i) 9% of Earnings {except for IAFF and SJPA Employees who are Members of the CSJ Shared Risk Plan and employed in a Public Safety Occupation); and (ii) 12% of Earnings for IAFF and SJPA Employees who are Members of the CSJ Shared Risk Plan and ernpioyed in a Public,Safety Occupation, and thereafter contribution rates of Employees who arc Members af the CS� Shared Risk Plan shall be adjusted as may be required from tim�e to time b3 the Board of Tn2stees subject to the triggering mechanism and limitations imposed by the Funding Policy, and as documented in Appcndix B. 43 Initially, the con.tributions required from the Employer shall be: (i) 11.4% of Earnings on behalf of all �mployees who are Members of the CS7 Shazed Risk Flan {other than IAFF and SJPA Employees who are emplpyed in a Public Safety Occupation); and (ii} i 5.2% of Earnings on bchalf of IAFF and SJPA Employees who are Members of the CSJ Shared Risk Plan and employed in a Public Safety Occupation, and thereafter contribut�on rates of�e Employer sha11 be adjusted as may be required from time to time by the Board of Tnxstees subjeci to the triggering nnechanism and limitatians inaposed by the Funding Policy,and as docuinented in Appcndix B. 4.4 IAFF and SJPA Employees who were emplayed in a Public Safet�° Occnpation befare accepting nan-unioniz�d positions with the Employer may elect to make the Employee contributions in the amaunt set out in Section 4.2(ii). V►�here such Employees make such an electi�n, the Emplvyer sha11 coz�tribute the amount set out in Section 4.3(ii) on behalf of such Employees. The election by the �,mployee is irrevocable and must be made within eight {8) tnionths of the Conversion Date, or t�ie date of appointxrzent to a non- unian posi�ian, if later, and shail be retroacxive to that date. Such el�ctian shall be made by filing written notiee with t�e Board af Trustees, with a copy to the EmpIoyer, in such £orm.as is acceptable to the Board of Trustees. 4.S CommencitYg tlpril 1, 2013, the Employcr shall also be required to make Temporary Contributions of 17% of Eamings o�all Employees who az�e Members o�'the CSJ Sha�red Risk plan that will cease on March 31, 2028 or when the CSJ Shared Risk plan aGhieves 89 - 11 - an apen �aup fiuzded rafio, as defined in the Pension Benefits Act, of 15D%, if earlier, provided that such Temporary Cantributions s�all not cease before March 31, 2023, subject to the Incorne Tax Act. Tf the Income Tax Act requir�s the cessation af the Temporary Contributions prior to March 31, 2023, once such contributions are again permissible under the Income T�c Act,they sha11 re-commence untai an equivalern of 10 years of such Temporary Contributians have been zz�ade in total. 4.b The Employer, in its sole discretion, shall be allowed #o contribute Temporary Contributions in a,dvance, subject to the Income Tax Act. Such advanced Temporary Contributions shall be credited with the net Fund rate of return, and shal�l be used to satisfy the Ernployer requirernent to make future Temporaiy Contributions when t,hey become due,subJect to the Pension Benefits Act and the Income Tax Act. 4.7 Contribution Holidays will only be permitted if required under the Income T2�x Act, will apply to both Employees and the Employer equa.11y and vvill only be applied in the mar►ner allowed under the Futiding Policy; provided that if the Contribution Holidays result in the Employee contributians in a givex� year being reduced to nil, if further Contrib�tion Holidays in the year are required to comply with the Income Taac Act, the F.mployer may take further Contribution Holidays. 4.8 Subject ta the Funding Policy, all reasanahle fees and expenses related to the administratzon of the CSJ Shared Ris�C Pla.n and the administration and investment of the Fund may be paid from the Fund, including fees and expcnses of the Baaz�d of Trustees and their agents. 90 - 12 - �x�cr�v BASE BE�IEFITS S.1 The Base Benefits described in this Artiale V are the intended benefits under this CSJ Shared Risk Ylan. Notwithstanding any other provision of tJiis CSJ Shared Risk Plan,the Funding Policy will allow or require the Boarc} of Trustees to make changes to the Base Benefits and Ancillary Benefits_ Such changes may be positive or negative and will affect a11 classes of Members, Claimants, Pre-Conversion Retirees and 4ther Pre- Conversion CSJ Clai�ants under the CSJ Shared Risk Plari Any changes to benefits made pursuant to the Funding Policy shali be paramount far fihe tirr�e period required under the Funding Policy and may affect the benefits specified in this CS3 Shat�ed Risk Plan. Any such changes shall be documented in Appendix C from time to time. 5.2 For Pre-Conversion Retirees and Othe�r Pre-Conversior�CSJ Claimants, the Base Benefit shall be the amounf of pension paid or payable as at the Conversian Date, as determined undez the CSJ Plan (without referez�ce #o future COLA acljustrz�ents), plus all COL1� adjastmenCs as may be gra�ted by the Board of Trustees from time to time in accordance with Article VI and the Funding Policy, as documented in Appendix A, b�t shall not include potential fu�ure COLA adjustments. 5.3 A Member's Base Benefit slaall be determined as follows: {i} With respect to any Pensionable Service of the Member under the CSJ PIan prior the Conversion Date,the amount determined pursuant to Sectian 5.4;plus (ii) With respect ta the Member's Pensianable Service on or after the Conversio�► Date,the amount determined pwrsuant to Section S.S;plus (iii) AIl COLA adjustix�ents as may be granted by the Board.of Tn�.stees from time to time, in accoxdance with Article VI and the Funding �olicy, as documenEed in Appendix A,but s1�alI not include firt�ire COLA adjustments. 5.4 Base Benefits of Members prior to the Conversion Date shall be equa] ta the number of years (and fraetions thereofl of the Member's Pensionable Service prior to January 1, 2013 multiplied by 2% of the best 3 consecutive year average salary, as defined irt the CSJ Plan at the Conversion Date {provided that only salary prior to the Conversion Date is included in the calcuiation of the best 3 conseeutive yeaz average salary), subject to the m,aximum amount de#ermined under subsectian 27(1) of the CSJ Plan as at the Conversion Date. 5.5 Basc Benefits on or after the Convcrsion Date sha11 accrue where a Member has Pensionable Service ea.ch year on or after January 1,2013 on the following basis: (i) 1.8% of the Member's Earnings for the year; provided that the maximum Earnings for the purgoses of this calcula�ion.is $120,Q00 iu�2012 (sucln maa�imum Eannings shall be indexed everS- year after 2012 to the rate used to index the YMPE). 91 - 13 5.6 For greater certainty,any automatiG increases in accrued pensions,deferred pensions, and pension benefits, either by formula or contingent on saiary increases,under the CSJ Plan will no longer apply under the CS3 Shared Risl� Plan as of the Conversion Date, as allowed under Section 100.52 of the Pension Benefits Act. Instead, future COLA adjustments may be granted by the Board af TnYSkees from time to ti.me in accardance with Article VI and the Fe�ding Policy,as documented in Appendi�c A. 92 - �4 ARTICLE'VI COLA 6.1 C4LA is an Ancillary Benefit and shall be provided annually on a conditional basis. For greater certainty, COLA may be nil in a given year ar years, as determined by the Board af Trustees in accordance with the Funding Policy. 6.2 Each yeaz COLA shal� be adcied to the Base Benefits in respect of past periods for Mernbers, Clairnan,ts, Pre-Conversioz►Retirees and Other Pre-Cor�version CSJ Claimants, only if sufficient funds aze available in the CSJ Shared Risk Plan ta provide such COLA as determ�in�ed by #he Boaxd of Trustees in accordance with the Funding Policy. The Board of Trustees shall determine the amount of COLA to be gzanted in any given yeaz in accordance wiYh f.he Funding Policy. b.3 COLA granted in any given year by the Board of Trustees in accardance with the Funding Poliey shall be limited to that permitted under the Income Tax Act. 6.4 �nce C�LA is granted to a Member,a Claimant, a Pre-Conversion Retiree or Other Pre- Conversion CSJ Clairna.nt in accordance with this Article VI and the Funding Policy, it will becozxae part of the Base Benefits �or such Member, Claimant, Pre-Conversion Retiree or Other Pre-Conversion CSJ Claimant, as the case may be. 6.5 COLA granted under the CSJ Sha.red Risk Plan on and after thc Conversion Date shall be documented in A�pendix A. 93 - 15 - ARTICLE VIY BENEFITS ON TERMINATION OF EMPLOYMENT 7.1 In the event of a Member's tcrmination af emplayment, other fhan lhrough death,prior to the Membcr's Vesting Date, the Member shall be enti�Ied ta a refund of the total axnount of the Member's awn contributions to the CSJ Shared Risk Plan and the CS� Plan with Accumulated Interest. The Member may direct that such refund be paad in any of the foIlowing ways, ar as otherwise perrniited from time to time under the Pension Benefits Act and the Income Tax Act: (i) Paid as a lump-sum cash refi�nd to the Mernber; (ii) Transferred to the Membex's regi�ered retirement savings plau, if the �rat�sfer is permitted under the Income Taar Act;or {iii} Transferred to the Member's registered retirement income fund, if the transfer is permitted nnder the Income T�Act. 7.2 In the event of a Mennber's termination of empEoyment, other than through death, after the Member's Vesting Date but before the Member's eligibility for an ixnmediate pez�sion under Ariicle XIII, such Member is entitled to a c�eferred�ensioxa under the terms of this CSJ Shared Risk Plan. In lieu of a deferred pension, the Member is entitletl td transfer the Termination Value und�r Section 7.3 (subject to Section 19.2). The Boa�rd of Trustees shall provide the Member on termination of employment with the disclosure of information required under the Pension Benefits Act and an election form pursuant to w]uch the Me�nber may elect the transfer of his or hez Termination Value under Section 73. 7.3 A Member who is entitled to transfer the Termination Value may ret�uire the Board of 1'rus#ees to direct that the Termination Value be transfemed: (i) To another pension plan with the c�nsent of tine administrator of that pensian p�� (ii} To any other prescribed retir�ment savings arra.ngement to w�ich such a transfer is permitted under the Pension Benefits Act; or (iii} To pwrchase a deferred life annuity for the Meznber from an insurance company licensed to sell annuities in Canada, v�ith the payments under the aruzuity ta comrnence no carlier than ten years before#he Member's Normal Retiretnea�Date or the date of the Member's termination of employment, if later (but no later than the end of the yea,r�in which the membex attains 71 years of age). The Member must prot:ide#his direction ta the Board of Tntstees wi�in ninety (90} days after the Member receives notice of his or hex rzghts under Section 7.2. If no such direction is provided within the ninety (90) day periud, the Member will be deemed to �ave elected to not make such a tx�a�sfer and Section 7.4 shall apply. 94 - I6- 7.4 Untess otherwise elected by the vested Member under Secrion 7.3, and subject to Article XIX, such Mexnber's accrued deferred pension under the C5J Shared Rzsk Plan. shall remain in the CSJ Shared Risk Plan and the Member shalI be enti�led to a deferred pension under the terms of this CSJ Shared Risk Plan until the Member's pension commencement, death, or marriage or common Iaw partnership bxealcdown (in circumstances where a payment to the Member's Spouse or fonprier Spouse from the CSJ Shazed Risk Plan is required). � 7.5 Upan the transfer of a Terminatian Va1ue under Section 7.3 or a refnnd under Section 7.1,the Mernber has no entitlement to any further benefits or enhancements from the CSJ Shared Risk Plan or payment from the Fund and ceases to be a Member of the CSJ �hared Risk Plan, 7.6 Any Pre-Conversion Deferred Vested Nlembers shall not be sntitled to a transfer in �.ccordance with Section 7.3 or any other transfer from the CSJ Shared Risk Plan{subject to Artic�e XU� and sha11 reraain in the C53 Shared Risk Plan, entitled to a deferred pension under the terms of this CSJ Shared Risk Flan, until the pension commencement, death, ar marriage or common law partnershi}a breakdown {in circumstances where a payrnent to the Pre-Conversion Deferred Vested Member's Spouse or former Spouse from the CSJ Shazed Risk Plan is required) of the Pre-Conversion Deferired Vested Member. 7.7 Any Termination Value payable under this CSJ Shared Risk Plan shall be credited wi#h interest at the Fund rate of retuzn for the prior Plan Year(net of administrative expenses paid by the Fund) from the date of the Mernber's termination of employment,temvnation of inembership, retirement or death, as the case rnay be, to the da.te of payment or transfer. r 95 - ��- ART�.CLE VIII DEATH BEIVEFITS 8.1 Upon the death of a Member who has not attained the Vesting Date, the Member's own contributions to the CSJ Shared Risk 1'la�a and the CSJ Plan with Accumulated Interest shali be paid to the Me�pnber's sun�iving Spouse, or if there is no suXVaving Spouse,to the Member's Beneficiary. 8.2 Upon thE death of a Member who has attained t�e Vesting Date but has not cornmenced tc► receive his or her pension, the death benefit payable with respect to the Member's Pensionable Service before the Conversi�n Date is: (i) If the Member had a surviving Sp�use, the sunriving Spouse of the Member is entitled to an annual pension eq� to 60 percent of the annuaI pension accrued with respect to Pensionable Service before the Conversion Da�e, or, if lugher, in the case of the death of a Member while emplayed as a result of accident arising out of or in the course of that Member's employment, au annual pension equal ta b0 percent of such Member's Earnings at the Member's date of death pro-rated for Pensionable Service before the Conversion Date over the Member's total Pensionable Service at fihe date of death. Such gension assumed to �ave been payable to the Member had the Member been at his or her Narnnal Retirernent Date at the time of the Member's death, with such pension payable for the Spouse's lifeti�te; or {ii) If the Me:mber did not have a surviving Spouse but �ad a ieast one dependent chiXd, or after the death of a sun-iving Spouse who was in receipt of a pension under paragraph 8.2{i), a dependent child's pensian is to be paid to the dependent child of the Member(or if there is more than one child to the�ependent children in equal shares} equal to the pension that would have been payable to the surviving Spouse under paragra.ph 8.2(i}, if the Member had a surviving Spouse, (or on the death of a surviving Spouse, under puagraph $.2(i), as tbe case may be), for the period beginning on the first day of the month following the date of dcath of�he Member(or the fust day Uf#he month following the date of tEeat}i of the surviving Spouse in xeceipt of a pension ut�der parag�pl� 82{i), as the cese nnay be) and ending on fhe earlier of(I)the end of the calendar year in which the dependent child attains age 18 {or the day on which the de�endent child ceases to be in full-time attendanae at an ecfucational institution, but not later than the cl�ild's 25th birthday),or{II)the date o�death of the dependent child;or (iii) If the 1Vlember did nat bave a surrzving Spouse and did not have at least one depcndent cluld, the Trustees may grant io a.nother dependent of the Member a pension not exceeding an amount cqual to the amount of the surviving Spouse's pension that could have been paid under paragraph 8.2(i)had the Spouse survived the Member. �n this paragxapl� 8.2(ui), dependent means a pareni, gra�adparent, brother, sister, or grandchild o£ the Member who is both dependent on the Member for support and is: 96 - 18 - (a) Under 19 years of age and will not attain 19 years of age in the calendar yeaz in which the pension to the c€e�endent becomes payable; (b) 19 years or older but under the age of 25 and is in full-time attendance at an educa�ional institution; or (c) Dependezrt an the Member hy reason of m.ental or physical infirmity. Any amount by which the Mernber's Termination Value, for the period of Pensionable Service befare the Conversion Date, as at the date of death of such Member, exceeds i,he aggregate of all pension payments made unc�er this Section 8.2 (to #he su�viving Spouse, the dependent child or c�ildren and any other dependents), shall be pa.id to the children of such Menaber in equal shares, and if there aze no chilc�-en to the Member's Beneficiary, or if there is no Beneficiary,to the estate of the Member. 8.3 Upon the death of a Member who has attained the Vesting Dafe but has not commenced to neceive his or her pcnsion, the death benefit payable with respect to ihe Member's Pensionable Service on and after the Conversion Dafe is the Termination Va1ue for such Member ca�culated as at the Member's date of death. The death benefit is payable in a lump sum to the Member's surviving Sgouse at the date af death, or if there is no such sauviving Sgouse, to the Member's Beneficiary. In the event that the death benefit is payable to the Member's suxviving Spouse, such siuviving Spouse tnay d'uect fihat such death benefit be transfenred to his or her designated Registered Investrnent Vehicle, as permitted under the Income Tax Act. 8.4 Dea.th benefits payable, if any, after a Member's pension commencement da.te shall be in accordance with Artic�e XII and thc clections rnade by the Member at the time of pension cammencement. S.5 Pensions payable ta a swrviving Spouse under Section 8,2 with respect to Pensionable Service before the Co�version Date sha1�1 nat exceed the ra.tio of Pensionable Serviec before the Conversion Date to Pensionable Service ta #he lVlember's date of death, #imes 66 2/3 percent of the greater of: (i) The lesser vf (a.) The annual amount of pension to which the Member would have been entitled at Normal Rctirexne�at Date had such Member continued in employment to that date w�th no change in Earnin�s,or {b) 150 percent of the YMI'E in the year of the Member's death,or (ii) The annual amount of accrued pension to wlvch the Member would have been entitled to if such membex had been eligible to retire, without reduction for early retirement,immediately prior to the date of death. 97 - 19 - 8.b With respect to pze-Conversion Date service, if a Member dies as a result of an accident arising out of or in the course of the Member's employment and leaves a surviving Spouse and a child or children, the dependent child of such Member, or if there is more than one child the dependent children in equa! shares, is entitled to an annual pension equal to the excess if any of the amount calcuEaxed under Section S.5 where the nwnabex 100 is substiiuted �or the number 66 2/3, or of bU% af the Member's Earnings at the IVlember's date of death pro-rated for PensiQnabie Service before the Conversion Date over the Member's total Pensionable Service at the date of death, whichever is the lesser, over the annu�l pez�sion payable to t�e surviving Spouse under Section 8.2(i), for the period beginning on the first day of the mon�th fallowing the date of the Member's death and enciung on the earliest of {i) Tk�e end of the calendar year in which the dependent child attains age 18; (ii} The day on whic� the dependent ehild ceases to be in full-tirne attendance at an educat�onal institution, but not later than the day the child attains age 25; and (iii) The date of death of the dependent ck�ld. 98 -ao- ARTICLE IX D�SABILITY 9.1 Disability pensions that were papable under section ZS of the CSJ Plan to persons who had not reachcd age 65 as of the Canversion Date shall not be paid under the CSJ Sh�red Risk Plan. 9.2 Each person whose disability pension was ceased as of the Conversion Date in accordance with Sectian 9.] shall be entitled ta start to receive a pensian fxom the CS� Shared Risk Plan from the first day af the month caincident with or next following his or her 6S�' birthday (including any survivor pension payabie after the persnn's deatli after age 65 in accordance v�rith the terms of the CSJ Plan as it existed at the Conversion Date and any eleclion made by the individual at the time the disability pension staTted to be paid from the CSJ 1'Ian). The amount of the ax�nual pension for pre-Conversion Date service shall be calculated �sing the Member's Pensivnable Servic� under the CSJ Plan before the individuaI beca�ne Totally a.nd Permanently Disabled, plus additional deemed Pensionable Service from the date the individual became Totally and Perrnanently Disabled to the Conversion D$te (subject to a mtu�imum of 3Q years}, times 2.0% times the individual's best 3 cansecutive year avera.ge deemed salary at the Conversion Date with such deemed salary being the sa�ary earned by other Employees covered under ttie classification, or its eyuivalent, in which snch individual was covered before he or she became Tataily and Permanently Disabled, [NTD: City to confrrm class�eation method works or other metric for non-union employees] subjeci to limits on such deemed salary imposed under the Income Tax Act� The amount of the pension for post- Conversion Date service s�a.il be calculated us'rng 1.$% of deerned Earnin�gs far each year (subject to a total of 30 years of Pensionable Service} that the pez�soz� is Totally and Permanent�y Disabled from the Canv�rsion Date to attainment af age 65, with such deemcd Eanungs being the Earnings e�xned by other Employees covered under the classification, or its equivalent, in wluch such individual v�•as covered before he or she became Totaily and �ermanently Disabled, [NTD: City to cQnfi�-m classifica#ion method v�orks or other metric for non-union employees] subject to I�imits on such deemed Earnings imposed undex #he Income Tax Act; provided that the toial pension payable at age 65 shall not be less thaxx it wauld have been under the CSJ Plan; provided further that (and despite the foregoing} under no eircumstar�ces shall the tota.l pensaon exceed the maximum pension under subsection 27{1) ofthe CSJ Plan, as it existed at the Conversion bate. With respect to each person whosc disabiliiy �ensian ceased as of the Conversion Date in accordance with Section 9.1, and who subsequently died between, i.he Conversion Date and the date he or she would have reached age 65, the CSJ Shazed Risk PIan sha1l pay any sur�ivor pension that would have been pmvided under the CSJ Plan and in accordance v�-ith the election made by the individua.l at the time the disability pension started to be paid from the CSJ Plan, fram the first day o£the manth coincident with ar next following when the person would�ta��e reached 1}is on c�r 65�'birthday. 9.3 Memhers who commence to receive iong tern�disability bene�ts under a.�oup insurance pian provided b}- the Employer o�r who become Totally and Pe3manently Disabled on or 99 - 21 - after the Conversion Date sha11 continue to accru� Pensionable Service txnder the CSJ Shared Risk Plan frazn tlae date they commence to receive long term disability benefits under a group insurance plan provided by the Employer (or become Totally and Permanently Disabled)until the earlier of(subject to the Income Tax Act): (i} Attaining age 65;or (ii} The date the Member ceases to receive long term disability benefits under a aoup insurance glan provided by the Employer or ceases to be Tatal�+ and Permanently Disabled. The Member's Base Benefit £ox Pensionable Service accrued under Section 9.3 is calculated in accordance with Section 5.5. The deemiied Earnzngs used in the calculation of such benefit is equal to the Eariungs fram time to tirne earned by other Emplpyees covered under the classif cation or its equivalent in which such Mexnber was covered immediately prior to the date when he or she started to receive lon,g term disabilify benefits under a group insurance pla�provided by the Employer (or beeame Totally and Pern�anent�y Disabled, if eazlier), [NTD: City to confirm classification metho�worlcs or other metrie for non-union employees.] subject to l�imits on such deemed Earnings imposed under the Income Ta7c Act. 9.4 A Member who is in receipt of lang term disability bene�ts under a gronp insurance plan provided by the Eznployer or Totally and Permanently Disabled and continues to accrue Pensioz�able Service under the CSJ Shared Risk Plan under Section 9.3 shall not be requsred to make Employee cantrib�tions to the CS� Shared Risk Plan during the time Qeriod tbat he or she is aceruing Pensionable Service ptusuant to Section 9.3. For greater certainty, the Employer sha1I not be requixed ta make Exz�ployer contributions in respect of such Mernber to tl�e CSJ Shared Risk Plan during such time period_ 100 -22- AR'TYCLE X DESIGNATION OF A BENEFICIARY 10.1 Subjec#to the provisions ofany applicable laws or regulations in e�fect from time to time, by written notice to t�e Board of TnLStees a Member xnay designate a Beneficia.ry or Beneficiaries to receive any benefit that may be payable to a Ben�f ciary or Beneficiaries under the terms of the CSJ Shared Risk Plau on the Memi�er's death, and by sirnilar vvritten notice may alter or revake such designation. 10.2 If, on the death of a Me�nber, there is no designaied Beneficiary or the Beneficiary has predeceased Ehe Member, any death benefits-#hat aze payable under the terms of the CSJ Shared Risk Plan shall be pa.id to the Member's estate. 101 -23 - ARTICLE 7�T NORMP,L RETIREMENT 11.1 For the purposes of the CSJ Shared Risk Pian the Normal Retirement Date of a Member, is the Member's si�rty-fifth(b5th)birtnday. 11,2 A Member who texminates employment befoxe ,his or her Normal Retirement Date and aft�r the MemUer's Vesting Date, can elect to commence the Member's pension calculated in accordance with Article V (and Article IX, af applicable), incIuding any C4LA provided under Article VT before pension commenccme�nt, on the Member's Normal Retirement Date, and sha11 receive the Normai Form Pensioir described in Section 12.1, automatic fortn under Seciion 12.2 or such optionai form of pension as �e Member may elect in aecordance with the provisions of Section 12.4. 102 -24 - ARTICLE XII FORN�S QF PENSIQN BENEFTTS 12.1 Subject to Sec�aon 12.2, the Normal Form Pension benefit payable to a Mezx�ber upon his or her�arly Retirement Date,Nor�mal Retirement Date or Postpoz�ed Retirement Date, as applicable, is a life pension, with a �uarantee that the aggregate of ihe payrn.ents made will never be less that the Member's own contributions with Accumulated Interest to the date of pension commencemen� 12.2 For a Member who has a Spouse on the date on vv�ch pension pay�ments commence, and the Spouse has not waived hi.s or her right to a survivar pension in accordance with Seetion 12.3,the automatic form of pension is a joint and survivor pension that is payable in equal monthly instalments for the iife of the Member and gayable ai�,er the Member's death to such Spouse for his or her li.fe in equal monthly instalments equal to 60% of the amaunt paid to the Memi�er at the rime of death (for greater certaixity, a Member may elect an optional form unde�r Sectian 12.4, provided that a written waiver of the Member's Spouse is obtained where required), with a guarantee t.hat the aggregate of#he payments made to tlie Member and the Spouse will never be less than the Membex's own contribtttioris with Accumulated Interest to th.e date of pension cammencement. For �-eater certainty,the joint artd survivor pension under this Section. 12.2 is not provided on an Actuarial EqnivaIent basis to the Normal Form Pension under Se�ction 12.1. 12.3 A Member who has a Spouse may elect a Nozxnal Form Pension described in Section 12.1 or an optional form described in Section 12.4 that provides a�rvivor benefit of less than 6Q%to the Spouse,or no survivor benefit at all,i£ (i) `The Member delivers to the Board of Trustees, vv�tlwa the 12-rnonth period imrneciiately preceding the date upon which payment af the }�er►sion is to commence tl�c writte� v�raiver vf the Member's Spouse in the fonm prescribed zxnder the Pension Benefi#s Act; and (ii) Thi.s waiver is not revoked prior to the commencement of the pension. 12.4 In lieu of the No�nnaal Form Pension payable under Sechon 1.2.1 or,the automatic form�f pension under Section i2.2, as applicable, and subject to the restric�ion unider �ectian 12.3, a Member rnay elect, b�fore pensio�z commencement, to rcceive his or her pension benefit ixi on� of the following optianal forms of pension. The pension payable under an optio�al form to a Member without a Spause, or for which a spousal waiver is required under Section 12.3 shaJ.l be the Actuarial Equivalent of the pension otherwise payable to the Member un.der Section 12.1. The �ension payable under an optional form to a Membcr with a S�ouse for which a spousal waiver is not required under Section 12.3 shall be the Actuarial Equivalent af the gension otherwise payable to t�e Member under Section 12.2. 103 ��s� (i) �oin#and Last Survivor Pension—100°/a—Under this optaonal form of pension, paymen#s are made to the Meanber during the Member's li�eti.ane and, if the Member predeceases the Member's 5ponse at the date of pension comrnencement, pay�ments are cotttiu��.ted to suck� Spouse for his or her life in equal monthly instalments equal to 100%of the amount paid to the Mernber at the time of death. (ii) Uthcr Optional Forms as dstermined by the Trustees — Such other optional forms of pension as are determined from time to #ime by the Board of Trustees, and which comply with the Pension Benefits Act and the Income Tax Act_ 12.5 Sec�ions 12.1, �2.2, 12.3 and 12.4 apply to a Member whQSe pension conunencement date is on or afler the Conversion Date and all Qther Pre-Gon�versian CS7 Claimants who had not started their pension at the Conversion Date. For Pre-Conversion Retirees and �ther Pr�Conversion CSJ Claimants in receipt of a pension at the Coaversian Date, the provisions applicable to the form of payment of such pensions tu�,der the CSJ Plan at the Conversion Date cont�z►ue to apply under the CSJ Shared Risk Plan. 104 -2b- ARTICL�XIII EARLY RETIREMENT 13.Z A Membe�r znay elect#o start to receive tus or�er pension at any time after the Member's t�rmination of employment,after having attained the Vest�ng Date,and: (�j For a Member who was enrolled in the CSJ Plan before the Conversion Date, when the tatal of the Menaber's age an.d Pensionable Service equals at least 8S (taking into aceount Pensionable Service under both the CSJ Plan and the CSJ Shared Risk Plan) {"85 Poin�'�, or, if eaxlier, having attained age 55 (for greateX certainty,a Member may attain 85 Points prior to age 55}; and (ii) Far a Member enrolled in the CSr Shared Ris1c Plan on or after the Convexsion Date,having attained age 55. Such da�e shall be the Member's Early Retirernent Date. The Membcr must elect to start tv receive both the portion of his or her pension accrued before and after the Conversion D�te, if applicable, on the Member's Early Retirernent Date. 13.2 With respect to #he portion of the Member's Base Benefit accrued before the Co�version Daie, the Base Beneft sha11 not be reduced if the Mezx�ber had reached 85 Points at lvis or her date o�termination of employment {for greatet certainty, a Mextxber may attain 85 Poiats prior to age 55), otherwise,the Base Benefit shall be permanevtly reduced by 5% per year(or parts thereo�between the pension commencem.ent date and (i) If the Member was not age 5 S at his or her date of termination of employment, the Member's age 65; or (u) If the Member vvas age 55 ar older at his or her date af termination of e�nploym�en�,the date the Mexnher would have reached 8S Points h�d the Member continued in employment a,fter the Mernber's termination of employmenfi and pension comrnencement date, or age 65,if eazlicr. l 3 3 With respect to the portion of the Member's Base Benefit accrued on and ai�er the Cnnversion Date,the Sase Benefit shall be perma�ently�reduced by 6%p�r yea�r{or parts thereo fl_ between the pension commencement date and the date the Member will reach age 65 (or age 60 for ths portion of the Base Ber�eSt acerued while a I�iember is an IAFF or SJPA member employed in a Public Safety Occupation or vvhile a Member electeti to contribute pursuant to Section 4.4). 13.4 iJpoz� his or her Early Retirement Date, a Member's pension is calcuIated in accordance with Article V including any COLA provided u.nder Article VI before pension commencement, and xeduced in accordance with Sectians I3.2 az�d 13.3, as applicable, a.nd the Member shall receive the Noxmal Form Pensian described in �ecti�n 12.1, automatae farm under Section 12.2 or such optionaI form of pension as the Member may elect under Section ]2.4. 105 -27- 13.5 Qther Pre-Conversion CSJ Claimants who had not started their pension at the Conversion Date but were eligible for a deferred pension and had terminated employment before being eligible to receive an unmediate pension under the CSJ P�an, may elect to start to receive their pension at a�xy tirr�e after the attainment of age 55, with t�ieir Base Benefit being permanently redu�ced by 5% per year (or parts therea� between their pezzsion commencement date and the.date they will reach age 65 13.6 Other Pre-Conversian CSJ Claimants who had not started th�ir pension at th� Conversion� Date but were eligible for an immediate pension upon their termination of empIoyment, rnay elect to start to receive t�eir pensian a# any time on or after the Conversion Date, with their Base Benefit being permanently reduced by 5% per year {or parts thereofl between the pension commencernent date and the date the Member would have reached 85 Points had the Member continued in employment,or age b5,if earlier. 106 _2g_ ARTICLE XIV POSTPONED RETIItEMENT l4,i Tn the event that o Member continues in employment beyond the Member's Naz�mal Retu-ement Date, contributions to the Fund by the Mernber, and in respect of the Member by the Employer, shall cantinue, and Pensionable Service shall continue to accrue under the CSJ Shared Risk Plan in aceordance with Section 5.5, until such time as the Member reaches his or her 1'ostponed Retirement Date under Section 14.2. 14.2 In the event that a Member continues in employment beyond the Member's Norrnal Retizcment Date,the 1Vlember shall start his or her pension upon his or her tennination of ernployment, but in no event shall the pension commencernent date of a Member be postponed beyond the end of the year in which the Member attains age 7I, or such other age as may be permitted from time to time pursuant to the Income Tax Act. Sueh later pension cammeneement date shall be the Member's Postponed Retirement Date. 14.3 Upon his or her Postponed Retirement Date, a Mernber's pension is calcuiated in a.ccordance with Article V, including any COLA provided under Article VI before the Member's pension commencement and the Member sha11 receive the Normal Form Pension described in Section 12.1, automatic form under Section 12.2 or such optional form of pension as the Member may elect under Section 12.4. 107 -29- ARTICLE XV ADMINISTRATION • 15.1 Effective February 1, 2013, a Board of Trustees cons#ituted in accorclance w�ith this Article XV was established by Declaration of Trust and such Board of Tre�stees is the Administxator of�he CSJ Shared Risk Plan. 152 Prior to the Board of Trustees being established, the CSJ Plan board of trustees (the "Pension Board") assumed the responsibility af the Board af Trustees from the Conversion Date. Once the newly constituted Boaxd of Trustees was established in, accordance with the Memorandum of Understanding and Declaratzon of Trust, the Pension Boacd ceased fia act as trustees of the CSJ Shared Risk Plan, 15.3 The Board of Tn�stees shall consist af eight {8) �pnembers. IAFF, SJPA, CUPE 18 and CUPE 486 shall each appoint ane (I) Trustee to the Board of Trustees. The Common Cauncil shall appoin.t the remaining four(4)Trustaes. 15.4 At the first mee#ing of the Boarci of Trus#ees, the Board of Trustees shall unanimously select a person {which, far greater certainty, may include an office, corporation., pai-tnership oz limited liability pattnership} who shall be calied upon to cast the deciding vote in the event that the Board of Trustees is deadlo�ked. Such pezson shall not be a member of the Board of Trustees. The Board af Trustces may, from tizne to time, unanimously determine to change ihe person who shall be ealled upon to cast the deciding vote in the event�at the Boax-d of Trijstees is deadlocked; provided that at all times there must be such a person selecfed by the Board of Trustees. 15.5 The Board of Trastees sha11 have a1I the powers, duties aud responsibilities set fort� in the Declaration of Trust and undex the Pension Benefits Act a�d the Income Ta�c AcL Without limiting the generality of the foregoing, the Board of Tnis�tees sha�l be responsible for: {i) All measurements and reparting �required by the Pension Benefits Act, including annual funding policy actuarial valuations and stochastic modelling of the assets and the liabilities of the CS7 Shared Risk Plan; (ii) Establishing the Inves�men.t Policy {which is subject to annual review by the Board of Trustees); (iii} Admitustering and investin�; the CSJ Shared Risk Plan and Fund in accordance with the Pe�asion Benefits Act, Incame TaX 11ct, this CSJ Shared Risk Plan text and the Funding Policy;an d - (iv} All other requirements of an administrator under the Pension Benefits Act. 15.6 The Board af Trustees may cnact rules a�nd regulations xelating io the adtninistrataon and investment of the CSJ Shared Risk P�an a:uc�Fund to carr}� out the ter�ms hereof and jnay amend such rules at.�d regulations from time to time. Such rules and regulations shail not 108 - 30 - conflict wi#h any pravision of this CSJ Shared Risk Plan, the Deciaratian of Tn�st, the Fzxnding Policy,the Pension Benefits Act or the Yncome Tax Act. ]5.7 The Board of Trustees may appoint one or more agents to carry out any act or transaction required for the administxation and management of the CSJ Shared Risk Plan and Fund or may retain advisors. Every agent appc�inted by ihe Board of Trustees shall reporl ta and be subj ect to the d'ureclion and continui.ng supervision of the Board of Tr�stees. 15.8 The Board af Tnastees shall be entitled to rely upon all staternents and reports fiu�r�ished by a�n actuary, an accountant, an appraiser, a iav�yer or other professional advisor retained by the Board of Trustees. 15.9 Wherevex the records of the Employer are used for tk�e purposes of the CS]� Shared Risk P1an, such records shall be conclusive af the facts with which they are cqncemed. 15.10 In the absence af actual notice to the contrary,the Baard of Trustees shall make payment in accordance with informatian provided by the Member. If there is a dispute as to whether a person is a Spouse, child, dependent, Beneficiary or other person entitled to payments hereunder, or where tvu�o or more persons make adverse claims in respect of a benef�t, or where a person makes a claim that is inconsistent with information provided by fhe Member, the Board of Trustees may obtain court directions and the costs thereof may be paid from the Fund in accordaace with Section 18.2(iv), or may, in the discretion of the Board of Tr�stees,be charged to the person e�qttitXed!o the benefit to be paid. 15.11 Evezy Employee shall furnish to the Boaed of Trustees, when rec�uixed ta do so,proof of age satisfactory to the Board of Tr�stees. 15.12 The dutics of the Employer witla respect to the administration of the CSJ Shared Risk Plan sha�I be as follows: (i) To provide to the Board of Trustees in the foxrn prescribed by thc Trustees complete up-to-date information on all mattsrs relating to age, servi�ce, eligibility or remuneration of Members, their retirement, death or terminatian of employment, and all other pertinent facts or information which the $oard of Trustees may require for the operation and administration af th� CSJ Shared Risk Plan; and (u) Wl�ere xeasonably requested by the Board of Trustees, to com�unicate details of' � the CSJ Shared Risk Plan to Mezxabers,to inform Employees regarding eligibility rec�uirements for participation ixt the CSJ Shated Risk Plan., anci to assist vv�th the distribu�.on and collection of the prescribed enrol�ment farm for eligible Emplo}ees who are required ta join the CSJ Shared Risk Pla.n. 109 -31 - ARTiCLE XVI DISCLUSURE lb.l Within the period prescribed by the Pension Benefits Act, the Board of Trustees sha11 provide to each Employee who becomes eligible for mernbership in the CSJ Shared Risk Plan (including, for greater certainty, those Members who became eligible as a result of the conversion of the CS!Plan}, a written description of the CSJ Shared Risk Plan. Such description shall explain the terms and conditions of the plan applicable to the Employee and the rights and obligations of the Employee in respect of the plan. Such description. shall include disclosure of the fact that the CSJ 5haxed Risk Pl�n is a Shared Risk Plan f�r t1�e purposes of the Pension Benefits Act. Tn addit�on, the disclosu�e will se� out the ptirposes and characteristics of a Shared Risk Plati in accordance with the Pension Benefits Act. 16.2 Within the period xequired under the Pension Benefits Act, the Boaxd of Trustees shall prot�de a written explanation o� an amendment to eaah Employee affected by the amendment. 16.3 The Board of Trustees shall permit a Mernber, or sucl� person as is required to be pernutted under the Pension Benefits Act, to inspect,to makc extracts from or to copy the CSJ Shared Risk Plan text and any other related documen#s required to be made available under the Pcnsion Benefits Act at such time and places as tnay be required under the Pension Benefits Act. 16.4 To the extent required under the Pension Bene�its Act, the Board of Trustees shall provide, on request, a Member, or such person as is required to be permitted undex the Pension Benef ts Act, with copies of any of the documents required to be made available under the Pension Benefits Act upon payment to the Board of Trustees of a reasonable fee. 16.5 Within the period prescribed under the Pension Benefits Act, the Board of Trustees shall provide each Meznber a written statement_describing the benefits the Mexnber has earned to c}ate and such other information as required under the Pension Benefits Act 1b.6 Upo�cessation of employment of a Member ox upon termination of ti�e Mernber's active membership in t�e CSJ Shared Risk Plan, the Board af Tr�stees shall provide ta the Member (or parson entit[ed to benefits in the event of the Member's death) within the period prescribed under the Pension Benefits Act, a written statement containing the informa�ion prescribed under the Pension Benefits Act in respect of the benefits and optiofis to which the Member or ot�er person is cntitled. 16.7 Within 12 xno�nths after the xeview date of each funding policy actuarial valuation repori prepat�ed for the CS3 Shared Ri sk Plan,the Board of Trustees shall pmvide the Employer, the Members a.nd the Unions a rcport c�ntaining t�e fol�owing inform�lion, in addition to any other information as ma3 be required under the Pension Bencfits Act fro�n time to time: 110 - 32- {i) The open group funded ratio and the termination value fiuided ratio of the CSJ Shared Risk Plan; (u) The investment perfarmance of the Fund; (iii) The funding policy iiabilities; (iv) The results of the testing performed using the asset liability model, including the probabilities associated with the risk managemen#goals; (v) The Board of Trustees' assessrnent af the need to reduce benefits ar the opportunity to increase benefits, including a descriptian of the risk factors affecting the plan; (vi) A summazy of the Funding Po�icy; and (vii} A description of how Member benefits would be calcuJafed if the CSJ Shared Risk Pla.n were terminated. 1b.8 The Board of Trustecs shall provide such other infnr�x�ation regarding the CSJ Shared Risk PIan, statzstical or otherwise, as is required under the Pension Benefits Act and t]�e Income Tax Act. 16.9 Such e7cplanation, statement pr right of disclosure o£the CSr Shared Risk Plan text and other documents provided shai� have no effect on the rights or obligations of any persot� under the CSJ Shared Risk Plan, and shall nol be referred to in interpreting or givutg effect to the provisions of the CSJ Shared Risk Plan. None of the Board of Trustees,the Etztployex, the Unions, nor any agent thereaf, shall be liable for any loss or damage clainned by any person to have been caused by any error or om.ission in such explanation, statement or othcr infor�natiot�. 111 -33 - •ARTICLE XVII INVESTMENT POLICY AND RISK MANAGEMENT FRAMEWORK 17.1 The Board of Tnastees shall establish the Investment Policy. 17,2 The foElawing considerations apply to the establishment of the Investment Policy: (i) The ptupase of the Tnvestaient Policy is to ensure that the desired security for the Base Benefits and the Aucill�fy Benefits is achieved; � (ii) Sophisticated stochastic financial and eco�nomic models that meet stringent statistica.l reliability criteria m�ast be used to set investment allocations, including target investment durations,from time to time;and (iii) The Invesiment Policy must reflect relevant factors �cIuding the maturity of the C5J Shared Risk 1'lan, the expected contributions inta the CSJ Shared Risk Plan, the expected benefits payahle from tlZe CSJ Shared Risk Plan,the Funding Policy and t�e CSJ Shared Risk P�au's current funded status. 173 The Boazd of Tnistees shall review, and amend as required,t.�e Inveshnent Policy at least once per year. With respect to each suclx review,the Board of Trustees shall ensure that the considerations under Section 17.2 are applied. - 17.4 The Board of Trustees sha.11 establish a Risk 1Vlanagement Frarr;ework for the CSJ Shared Risk Plan. Such�Zisk Management Framewoxk shall: �i) Establish the risk management goals and procedures ofthe CSJ Shared Risk Plan; and (ii} Contain the requirements set out in the Pension Benefits Act, I7.5 The Board of Trustees shall review, and arnend as required, the Risk Management Framework at least o�ce per year. With respect to each suck review, the Boaz� o£ Trustees sb.all ensure that the considerations under Section 17.4 are applied. ]7.6 in the administrat�on and investrnent of the CSJ Shared Risk Plan, t}xe Boazd of Trustees sha11 adhere to the Tnvestment Policy and the Risk Man.agement Framewark. 112 - 34- ARTICLE XVII� �'UNDING POLICY 1 S.1 Tl�e Parties shali establish, and the Board of Trustees shal.l adopt, a Funding Policy in accarciance with the Parameters. 1$.2 The F�anding Policy shall at a uunimum contain: (i) A clea�r state�nnent of the funding goals, which shall meet or exceed t$e�minimum set out in the Pension Benefits AcC; (ii) A description of the cost sharing between the Employees and Employer; (iu) A description af the required contrihutions and what changes to contz-i.butions shall be allawed, or required, under various conditions; {iv) A clear statement as to responsibility for plan e�enses €or the CSJ Shared Risk Pla�, which sb.all prov7ide that all expenses are to be paid by the CSr Shared Risk Plan unless atherwise agreed; (v) A deficit recovery plan that shali contain both the priority order at�d the level of changes allowed. The deficit recovery plan shall be such that reduction of Base Benefits wou�d occur as a last step in the deficit recovery p�an in accordance with the Pension Benefits Act; (vi} A, funding excess utilization plan in accordance wit� the Paz'ameters and the Pension Bez�efits Act; (vii) A description of the financial tneasuremer�t basis adopted by ttze C�J Shared Risk Plan; and {viii) Any other rec�uixements prescribed under the Pension Benefits Act. 18.3 The Board of Trustees shall review, and amend as required, fihe Fund�ing Policy at least once per year, in accordance with the Funding Policy and the Pension Sene�ts Act. 18.4 In t1�e admin[stration of the CSJ Shared Risk Plan, the Board of Trustees s1�a11 adhere to the Fund�ng Policy. 113 - 35 - A.RT'ICI.E XIX ASSIGNMENT AND COMMUTATION OF BENEFTTS 19.1 Upon a Member's ternunation of employmenf after having attai.ned fhe Vesting Date and whcre the amaunt of the annual accraed pension or deferred pension pay$ble to such Member is less than 14% of the YMPE in the calendar year of termination of employment, or such other arnount prescribed under the Pension Benefets Act froin time to time,fhe Board of Tr�zstees may require the Member ta fira�sfer b.is or her Termin��on Value in accordance with Section 7.3. �' 192 Upon a Nlember's terminat�on of employment after having atta.ined the Vesting Dat�,the Member may elect #o receive a lump-sum payrne�t equal to the Member's Termination Va1ue if the adjusted Termination Value payable, determined in aceardance with subsection 34(2) of the Pension Benefts Ac�,is less than forty per cent of the YMPE for the calendar year in wbi�h the Member terminated employment, or such other amovnt prescribed under the Pension Benefits Act from time to time,provided ttiat if the Member has a Spouse, the Member has provided the Board of Trusteas wifh a written waiver of the Member's Spouse in the form prescribed under the Pension Benefits Act. 193 Subject to approval of the Boaxd of Trustees, and based on conditians �that the Board o� Trustees may establish from time to time, and subject to the Pension Benefits Act, a Member who has aitained his or her Vesting Date at his or her termination of em�ploy�tnent may elect befare becoming eligible for an immediate pension, and in lieu of the dcferred pension payable hereunder to receive a lump-sum paytnent equal to the Member's Tcrn�ination Value if: (i) The Member establishes to the satisfaction.of the Roard of Trustees, by a writ�en statement from a duly qualified medical practitioner acceptable to the Board of Trustees, that the Member suffers frozx� a significant physical or mental disabiIity that considera.bl�-reduces life expectancy;or (ii) The Member and his or her Spouse ate not resident in Canada for purposes of ttie Inconne Tax Act, are not Canadian citizens and have provided a waiver to the Board of Trustees in the farm prescribed under the Pension$enefits Act. 19.4 Upon the transfer of a Termination Value in accordance with Seetion 19.1, 19.2 �r 193, the Member has no eni.itlement to any further benefits from the CS3� Shared Risk Plan or pa}�nent from the Fund and ceases to be a Member of the CSJ Sbared Risk Plan. l 9.5 In no �ther event is a Member entitled to receive a lunap-sum benefit in lieu of a pension, except that the benefits of a Member ma�- be divided between the Member and the Member's Spouse ox former Spouse in accordance with the provisions of the Pension Benefits Act and the Ineome Tax Act pursuant to: 114 - 36- (i) A decree,order or judgrnent of a court of campetent jttr�sdiction;or {ii) A written agreemeat in settlement of rights axising �s a consegueace of the bzeakdawn of marriage ar other conjugal �relationships between#he Member and the Member's Spouse or farmer$poeise. 115 • 37� ARTICLE� PENSION 20.] Notwithsta.nding any provision to the contrary in this CSJ Shared Rislc Plan, the annual lifetime pension payable to any Member under this CSJ` Shared Risk Plan, determined at the time of pension commencement,including any benefit payable to a Member's Spouse as a result of a marital breakdown, sh�ll not exceed the Member's Pensionable Service multiplied by the lesser of: (i) $2,696.67 (fox pension commencement dates in 2013) or such greater amount permitted under the Incame Tax 1�ct;aud (ii} 2°/p of the Member's highest avera.ge indexed campensation (as defined under the Income Tax Act}in any 4 non over-lapping periods of 12�on#hs, reduced, if the pension commencement date precedes the earlier of the day on which: (iii) The Member attsins age b0; (iv} The Member's age plus early retirement eligibiGty service (as defined in the Income Tax Act)would have equalled 80; and (v) The Member would have completed 30 years of early retirement eligibility service(as defined in the Income Tax Act)with the Em;ployer, by '/a of l% for each month by which the pension commencement date precedes such da.te assuming tl;e Member had continued in cmploymcnt to that date. Subsequent to a Member's pension comx►aencement, the maximum annual liferime pension determined above shall be indexed annually according to increases in the Consumer Priee Index for Canada as published by Statistics Caaada or its suc�essor,over the 12-month period ending October of the immediately preceding Plan Yea�r. For greater certainty, such indexatio� ea�culation is solely for the purposes of det�in;ng the maximum pension under this Article XX. 116 ._ � - 38 - ARTICY.E XIII AMENDMENT OR DISCONT�NUANCE OF THE PLAN 21.1 Subject to Section 21.2, the CSJ Shared Risk Plan may be amended by the Board of Trustees from time to time. 21.2 Amendments to the CS3 Shared Risk Plan relateci to the following, or which may affect any of the following,may only be made by the Employer and Unions: (i) Composition of the Board of Trustees; and (ii} The parameters set out in Schedule "A" to the Funding Policy that are prohibited to be amended by the Board of Txustees under the Funding Policy {subject to amendxnents required to comp�y with a law or regulation as set out in#he Funding Palicy}. 2I.3 The Ernpioyer and the Unions hope and expect to continue the CSJ Shared Risk Plan inde�initely. However, if unforeseen circumstances beyond the control of the Employer and the Unions result in the discontinuance of the CSJ Shared Risk Platx, the assets of the Fund shall be used to provide benefits for Members, Pre-Con�version Retirees, other Claimants and their Ben.eficiaries in accordance wi.th the relev�nt provisions of the CSJ Shared Rzsk Plan and�e.Pension Benefits Act. 21.4 In the event of the termiaation of the CSJ Shazed Risk Plan,all Members shall be deemed to be vested in their accrued benefits for al€purposes, whether or not stzch Members have attained the Vesti.n�Date. 21.5 Upon discontinuance of the CSJ Shared Risk Plan, in whole or in part, any assets of the Fund sh�ll first be used to discharge aIl liabilities under the CSJ Shared Risk Plan�or the acerued Base Benefits o� fihe_affected Members, Pre-Conversion Retirees and othex Claimants in accordance with fhe Pension Benefits Act and the Fund[ng Policy. If upon discontinuance of the CSJ Shared Risk Plan the assets of the Fund are insufficient to discharge all liabilifiies under the glan for the accrued Base Benefits of the affected Members, Pre-Con�•ersion Retirees and othex Claiznants, suci� Base Benefits shall be reduced in accordance with the Pension Benefits Act and the Funding Policy. If there are additional assets, #hese may be used to provide Ancillary Benefi�s in accordance with the Fu.izding Policy. If the�re are surplus assets reznainiz►g af�er the discharge of liabilities for the accrued Basc Benefits and any Ancillary Benefits, such assets sha11 be distributed io the Members, Pre-C�nversion Retirees and other Claimants, in accordance with Fa.inding Policy and the Pension Benefits Act. 117 -39- ARTICLE XXu CONVERSION DETAILS 22.1 The CSJ Shared Risk Plan will be effective frona and after the Conversion Date. All canversion benefit calcutations will be made as of that date without regard to any administrative changes required to effect the conversion. 22.2 Benefits accrued under the CSJ Plan shall be converted effective the Con.version Date in accordance with the provisions heteaf and the Pension Benefits Act, 22.3 Effective as of the Conversion Date, no person who has any entitlement under the terms of the CS3 Shared Risk Plan shall have any entitlement or claim under or wiih respect to the CSJ Plan. 22.4 The CSJ Shared Risk Plan is subject to the Pension Benefts Act and the Inconne Tax Act. 22.5 Other thaz�as required to conve.rt the CS3 Plan to the CSJ Shared Risk Plan or pursuant to the Pcnsion Benefi#s Act, the conversion of the CS7 P�an to the CSJ Shared Risk Plan does not affect the terms and cvnditions of employment established through the coilective bargaining process negotiated fro�n time ta time between the Unions and the Employer. 118 -40- ARTICLE XXIII PURCHASES OF SERVICE AND RECIPROCAL AGREEMENTS 23.1 Prior to the Ca�iversion Date,Members of the CS7 Plan could purahase sezvice(including past service, refunded service, service in respect of periods of leaves of absence or other leaves)under 1:he terms of the CSJ Plan. On and after the Conversion Date,purchases of service (including purchases of past service, refundcd service and service in respect of leaves of absence ar other leaves)have been suspended, 23.2 The Board of Trustees shalt have the power to determine rules regarding �urchases of service under the CSJ Shared Risk Plau, which z�ules must be based on the principles underlyin�;the CSJ Shazed Risk Plan, Initial rules regarding pwrchases of service mast be adopted by the Board of Trustees by no later than one year from the Gonversion Date. 23.3 T'he Board of Tz�ustees ma�-, in its discretion, from time to time, enter into reciprocal agreements with the sponsors of other gension plans. Such agreements may provide for the transfer of funds in respect of a Member who t�nsfers from on.e pension pIan to the other and may also provide for the transfer of some or all, of the 11�Iember's Pensionable Service. 119 -41 - A�RTICLE�V ADpITIONAL VOLUNTARY CONTRYBUTIONS 24.1 Members may ma�e Additional Voluntary Contributions �o the F�nd, subject to the iimitations prescribed by the Incom.e Tax Act,pursuant to such guidelines and policies as the Baard af Trustees may establish from time to time. 24.2 Upon the written request of a Mernber, Pre-Conversion Defened Vested Member or Pre- Conversion Retiree the Board of Tnistees shall acccpt a Lump Sum Voluntary Transfer to the Fund from another pension plan or fuud or any other h�nsfer otherwise permitted in accordance 'uvith the Incame T� Act, pursuant ta such guidelines and policies as the Board of Trustees may esta.blish from time to time. 24.3 The Board of Trustees shall not accept Additional Volunitary Contributians or Lump Suna Voluntary Transfers if the contribution or transfer does not meet the rec�uiremen.ts of the Pension Benefits Act and the Incnme Taac Act, as applicable. 24.4 The Employer shalt not coniribute to the Fund any amount in respect of a Mem.ber's Additional Voluntary Contr�ibutions. 24.5 AlI Additionai Valuntary Contributions deposited to the Futad sha11 be held to the credit of the Member, Pre-Conversiqn Deferred Vested Merflber or Pre-Conversion Retiree and credited with such rate of return of the �und {net of the administrative expenses paid by tl�e�und),whether positive or negative for the Plan Year. 24.6 Additional Voluntary Contributions that hai-c been deposited to the Fund in accordance with Sections 24.1 and 24.2 and.credited with the rate of retum in Section 24.5 may be, (i) Withdrawn by a Member, Pre-Conversion Deferred Vested Member ot Pre- Conversion Retiree; (ii) Refi,tuded to a Member, Pre-Conversion Deferred Vested Mcmber or Pre- Canversian Retiree; or (iii) Transferred to a registered pension plan (including, for greater certainty, payments and purchases under this CS3 Shared Risk P1�n), a retiremeni savings arrangement ar a provider of an annuity, as permitted or required t�nder the Pension Benefit� Act and in accordance with the Income Tax Act,as appiicable, and subject ta any applie�ble loeI�ng-in�egis�ation. 24.7 All Additiona� 'Voiuntary Contributions thafi have been deposited W lhe Fund in accordance with Sections 24.� and 24.2 and creciited with the rate of return in Section 24.5 shall be withdrawn, �refvnded or iransferred from the Fund in� accordance with Section 24.6 frorn the earlier d�.te on which a Member, Fre�Conversion Deferred Vested Member or Pre-Con�-ersion Re#iree,as the cxse may be: 120 -4z- {i) receives a]ump sum amount under Secfion I9.2, a refiYnd of contributions under Section 7.1 or a lump sum payment under Section 19.l or 19.3; (ii} elects to transfer his or hex entitlement under Section 7.3; or {iii} The end af t�e year in which #he Member, Pre-Conversion Deferred Vested member af Pre-Conversion Retiree attains age 71 or at such other time as prescribed under the Incame Tax Act. 24.$ On the death of a Menriber, Pre-Conversion D�ferred Vested Member or Pr�Conversion Ret�ree before all Additional Voluntary Contributions that have been deposited to the Fund have been �vithdrawn, refunded or transferred, the balance of Additional Volunt�y Contributions shall be refunded ta, (i) The surviving Spouse, if any;or (ii} If there is no suxviving Spouse,the Beneficiary;or (iii) If there is no surviving Spouse or Beneficiary, �he Member's estate, the Pre- Conversion Defezred Vested Member's estate or the Prc-Conversion Returee's estate, as the case may be. 24.9 Any Additional Voluntary Contributions receiv�d by the CSJ Shared 1Zisk Plan are subject to any applicable locking-in legisl$t�on. 121 -43 - ARTICLE XXV MISCELLANEOUS 25.1 Except as specified in Sectio�n 19.5, money payable under the CSJ Shared Risk PIan is subject ta the following restrictions: (i) Any transactions fhat purparts to assign, charge, anticipa#e, surrender, ar give as security any right to a person under the CS� Shared Risk P1a1a or money payable under the plan shall not be enforceable against the CSJ Shared Risk Plan; and {u) Money payable under the CSJ Shared Risk Plan is exempt fronn executian, seizure �r attachment 25.2 if the Board of Trustees receives notice that any person entitled to receive benefets under the CSJ Shared Risk Ylan is physically or mentally incapable of managing his or her affairs, the Board of Trustees may instruct the person responsible for the payment of benefits to pay the benefits for such Member to the legally appointed representative or power of attorney of the intended recipient and such payment shall act as a full discharge thereof to the Board of Trustees and the CSJ Shared Risk Plan. 25.3 If any pro�7sion of the CSJ Shared Risk Plan is held to be invalid or unenforceat�le by a court of competent jurisdiction,�its invalidiiy or unenforc�ability shall not affect any othe�r provision of thc CS7 Shared Risk Plan and the plan shall be construed and enforced as if such provision had noi been iuc�uded therein. 25.4 Any dete�anination made by the Board of Trustees with regard to any question of conshvction or interpretation arising under or in connection with t$e CSJ Shared Risk Plan, Declaration of Trust and Funding Po�icy shall be binding and conclusive on a.Il pe�rsons affected thereby. 25.5 Participation in the CSJ Shared R.isk Plan shall not enlarge nor diminish nor establislt any rights to employment with the Eraployer or applicable Un�ion w}aich the Member di�d or did not forrn,erly possess as an Employee of the Employer or applicable Union. 25.d For grcater cec�ainty, to #he ext�nt that the CSJ Plan was providin$ a pension to certaYn individuals under the terms of An 14ct Respecting The Saint John Firefzghters' Associalion as at t�e Conversion Date, the CSJ Shared Risk Plan and Fund shall continue to provide suek� pension to such :undivid�aals, with the necessary rnodifications to post- retiremcnt indexing upon conversion•to the CSJ Share.� Risk Plan. Where a pension is awarded unc�er An �Ict Respecting The Saint John Firefighters' Assocratinn after tl�te Cox�version Date, the CSJ Sharcd Risk Plan shall commence to pay to the retiring Member his or he�r ac:crued pension with applicable recluetions found under Artiele XIII, if any. Such pension can start prior to the Member's eaxliest Early Retireznent Date found under Article XIII, b�t with the applicable earl} retirernent reductions extended to such earlier date. 25.7 The CSJ Shared Risk Plan shall be governed and construed in accordar�ce �7th the laws of the Province of New Brunswick and the laws of Canada applicable therein. 122 -�� 25.8 .Any benefits payable hereunder shall be subject to any ta�c vvithholdings required by applic,able Iaw. 25,9 All benef ts payable under tlie CSJ Shazed Risk Plan shall be paid in fhe lawful currency of Canada_ IN VV�TNESS WHEREOF, each of the signatories hereto has caused this Shared Ri� Plan to b-�� by its respective duly authorized officers or representatives this � 'day of 2013. THE CITY OF SAYNT JOHN Per: I�Tame: Titie: � WTTNESS: � � SAIIVT JOHN FIRE F�GHTERS A�SSOCIAT�aN,INTERNATYONAL �1 ASSO�IATTON OF FIRE FIGATERS, .' LOCAL 771 Name; -. Per: ,� 1 Name_ Pau� Stackhouse � Title: President �VITNESS: SAINT JUHN POL�CE ASSOC�ATION !� ' �l� /` _-/ �-/� P�: !� Name: . axne: Jamie Hach Title: Presiden 123 -45 - WITNESS: CUPE LOCAL 18,SAINT J'OHN C'YTY OUTSIDE WORKERS . �- Per: - Name: Name: Micha.el Meahan Title: President WITNESS: CUPE,L� 6 . _., .,� Per: Namie: Name Paul Johnson Tit�e: President 124 AFPENDIX A CULA GRAi�TTED i7NDER ARTICLE VI 125 APPENDIX C BENEFIT CHANGES ��bl62G3$ 126 �I�`Y O�'.�AI��C}HI� SHAR�i� RI�� PL�4f�,1 n,.. . . �� _'� *'V i': . �_:<..a�.'•+' as of]anuary 1,20i3 127 "��.��. ��' ��r��ts SECTION I-PURPOSE OFTHE Pi.A�I AND FUf�DING PQLICY....................................................1 S�C71�N II-BEIVEFE7�BJECTIV�S.................................•--•.......................,........,..,...................Z SECFION I!I-R15K MANAGEMENT............................................................................:..............4 SECTIDN IV--CONTRIBUTlONS............. ................................................................................6 SECTION V-FUNDING DEFfCIT RECOVERY PLAN.....--•.................,................................_......---.9 5EC71QN VI-FUNDING EXCESS UTILIZATION PLAN....................................................,..........�.1 SECTlON VII-ACTUARIAL ASSI.iMPTIONS........................•--...................................................13 SECTION VIII-�AC�lNUAL REVIEW............................................................................................15 128 � �E+L:fil��l � -- �'�RP�3�� f�fi 'TFi� P�� ►A�� F��l��1�G ��.�CY The purpose of the Crty of Saint John Shared Risk Rlan[the"Plan"]is to provide secure pensi�n benefits to memhers and former rnembers[tollectively"mernbezs"�of the Plan without an absolute guarantee,but wlth a rlsk focused management approach deliver�ng a high degree of certainty that hase ber�efits can be met in the vast majority of potential future economic scenarios. The prirnary focus is to provide a hig�hly secure lifetime pension at normal retirement age. However,t�ie intention is that additional benefits rnay be provided depending on the Hnancial performance of the Plan. Benefit abjectives are discussed in Sectioa II. 7'he Fnnding Policy is the tvol used by the Board of Trustees to rnanage the risks inherent in a shared risk plan. Zhe Funding Polfcy provides guidance and ruIes regarding decisions that must, or can,as applicable,be made by the Board of Trustees around funding levsls,contribuLions and benefits. A shared risk plan is based an the principle that the management of risks for a pension plan over time can best be achieved through actions on both sides of the balance sheet(i.e.,liabilitles and assets).This Funding Policy describes the timing and the actions that the Board of Trustees must take,or consiaer,as applicable,based on the results of the funding policy actuarial valuation of tf�e P]an and the application of the required risk management procedures to the Plan. ln addition,the Board of Trustees must regularly monitor the economic,demographic and pension eavironments and nnake adjustments,where allowed,or provide recommendations to the Ernployer and Unions as and when these are nec;essary to nrtaintain the Funding Polfcy current in a changing worlct. Capitalized terms used in th�s Punding Policy that are not defined herein have the meaning given to such ter�s in the Plan. 1 129 s�er��rv i� — ��EF��- c��v� Arior to the conversion to a shared risk plan,effective January 1,2013(ttie"Conversion Date'�, the City of Saint John Pension Plan(the"Pre-Gonversion Plan")provided defined benefits based on an accrual rate of 2.0%per year of servi�e and three year best average earnings at retiremsnt It also included post-retirement indexing of(i)2%per year in respect af pensionable service after january 1,1993 deterrnined as'set out in subsection 27{7]of the Pre- Conversion PIan;and[ii)1°/a per year in respect of pensionable servi�e between January 1,1975 and December 31,1992 determined as set out in subsection 27(8)of the Pre-Conversian Plan [callectively,the"Pre-Conversion Indexation`�. The Pre-Conversion Plan also provided unreduced early retirement pensions when the sum of a membefs age and pensianable service reached a total of 85,with a 5%per year reduction upon earlier retirement. Upon conversion,the amount of the pension currendy payable to pensioners and surviving sponses,including any increase[n pension as a result of indexing that was started 6efore the Conversion Date,is maintained and continues as the base benefit to be payable after the Conversion Date. Furthermore,the amount of the pension a�crued by every active member and terminated deferred vested member as of the Conversion Date,is also maftttained as the base benefit However,the guaranteed indexing provisions that eacisted t�nder the Pre-Conversion Plan were amended to provide that future indexiing will only be provided when certain financial measures are met[this is referred to as"contingent"inde�cing]. The provisions impacted by this change are the future indexing of pensions in payment on the Conversion Date,tlxe future increase ofaccrued pensions due to salary increases after the Conversion Date and t�te future increases of accrued pensions of terminated members on and after the Conversion Date. In addition,where required under this Funding Policy,past and future hase benefifs may be reduced. Furtherrnore,benefit accruals under the Plan on and after the Conversion Date are based on an accrual rate of 1.8°rb of Earnings in each year of accrual. The pension accrued on and after the Conversion Date is payable at a nnrmal retirement age of 65,with a 69�o per ycar reduction for early retirement between the ages of 55 to b5 far all Employees,other t�an those who are• members of the IAFF and SjPA who are employed in Puhlic Safety dccupations. For U1FF ar�d SJPA members who are employed in Public Safety Occupations,the pension acerued on and after the Conversion Date is payable at age 60,with a 6%per year reduction for early retarernent between ages 55 and 60. Contingent fndeacing provisions applicable to benefits a�crued befare the Gonversion Date also apply to henefits accrued after the Conversion Date. With respect to servtce priar to the Convers[on Date,members are entit�ed to an unredured pension when the total of the membe�s age and penstonahle service(which service includes service befere and after the Conversion Date}equals 85. With respect to service prior to the Conversion Date,if the member is not entitled to an unreduced pension,but has at least 2 years of service and is within ld years of normal retirement date[or retired on order af Cauncfl),a reduction of 5°r6 per year applica�le for the period from the pension commencem�nt date to the date at whfch the member would have reached 8S points had the member continued in employment(or age b5 if earlier). �or greater certainty,a member may retire before age 55 where the mem�ber attains 85 Points prior ta age 55 in accordance with the Plan tern�s. 130 z The normai farm of pension remayns the same for pension accruals before and after the Conversion Date. Disability pensions wiil no longer he payable from the Plan after the Conversion Date. This section only provides a summary of the main fntended benet�t provisions payable upon retirement In case of discrepancy wfth the Plan text the terms of the Plan text wiil prevaiL None af the ahove are guarantees. T'hese beneflt ob)ectives can oiily be met if the cantributions and Plan experience,most importantly iovestment performance,al�ow this to happen.Howevet�,tl�e above provide guidance on the benefit o6jecdves that nnderIie the Plan design. 131 3 S��C��}N #�I - �ISI� I+��►�AG�ME�T The Plan was designed to achieve or exceed the risk management goals prescribed ander Regulation 2012-75 (the"Reguladons"}ta the New Srunswick Pension Benefits Act{the"Act'� [the Regulations and the Act are�ol[ec�tively referred to as the"PBA"}.Certain procedures were developed to test whether these goals can be achieved given the contributian rules and benef�ts defined in the Plan These goals and procedures are descrihed separately belvw. ��,.r��, The primary risk managemen.t gaal is to achieve a 97,5p/o probability that base benefits will nat be redu�ed over the following 20 years. The goal fs measured by talung into account the follawtng funding ma�agement plans: 1. the funding defici#tecovery plan except for reduction in past ar future base benetits, and 2. the funding excess ut[tization gIan exciuding perrnanent benefit changes. The funding de�icit recovery plan and the funding excess utilization plan are described in Sectlons V and VI,respectively. There are two secnndary risk management goals. These are: • Un average provide contingent indexing on base benefits of active members that are fn excess of 75%of the Consumer Price Index{CPI}over the next 20 years,and pravide contingent inciexing on base benefits of retirees and deferred vested terminated members that are In excess of 7S°!o of the average Pre-Conversion Iz►dexation over the next 20 years. • Achieve at least a 75%probability that the an�illary benef�ts described in tiie PIa� text at conversion can be provided over the next ZQ years. For the purposes of ineeting these goals,base benefits include the accrua]of service of rnembers over the proj ecaon period and�y contingent indexing provided based on the financial performance represented by each scenario tested. If,through the testing proccss,a scenario allows for inde�dng in a given future year,this contingent indexing amount 5ecomes part of the ba5e benef�ts that are to be protected. �'�+Ci,�'t'.�'�:��;� The risk management goals are measured using an asset lf�bility model with future economic scenarios developed using a stochastic pro�ess. The model is run with at least 1,000 series af simulations oF economie parameters for a period pf 20 years. For each of these scenarios and for each year,the financial posi�ion of the Plan is measured. Far each vf these measurements,a decision consistent wirh the funding defirit recovery plan or the funding excess utElization plan,as applicable,is madeied with the 132 � exceptions noted under the goals above. This pravides at[east�0,000 observat�ons from which to measure whethcr ttje risk management goai5 have been achie�ed. An asset liabiEity moael using a stochastie process�equires that a number pf important modelir� assumptions be made. These ass�mptions are described below: • The economic assumptions are developed for each asset class and for key economiC pararneters based on a combinatio�nf past experience,carrent econorni� environrnent and a reasonable range of future expectations. These assumptions are reviewed annually and updated as required. They are also subject to approval by �the Superintendent of pensions(the"SuperintendenC"). • The Plads contribnting member population is assumed to be stable in each year of the projertion period. As such,each deparCUre from the Plaxt,for any reason,is assumed to be replaced by a new enLrant The new entrant population reflects the profi�e of new Plan members expected in the future base�on Plan experience. If required under subsection 100.7(3�of the PBA or as approved by the Supenntendentunder Regulation 1S[2)(�},the assumption regarding the contnbuting member population may be altered. AlI risk management goa�s are tested at the Conversian bate.In addihon,the primary risk management goal will be tested annually. The results of this test combined wifih the results af the Funding poficy actuarial valuatian at the same date wi11 determine the actions the Board of Trustees are required to take,or can consider,as applicable,nnder the terms of thfs Funding Policy. The primary risk management goal must be achieved or exceeded: + At January 1,2013[i.e.the Conversion bate}; • At the date a permanent benefit�hange,as defined in the Regulations,is made; • At the date a benefit improvement,as defined fn the Regtdations,is made; • At the date contribution adjustments that exceed those provided under Sectian IV are implernented;and • At the date temporary contributions are reduced before March 31,2028 under the conditions provided for under Secdon 1V. The secondary risk management goals must be achieved ar exceeded: • At)anuary 1,20i3 [i.e.the Conversion Bate);and • At the date a permanent bensfit change,as defi»ed in the Regulations,ss made. The definitions of permanent benefit change and benefit improvement are as foliows: `permanent benefit change"means a change t�1at is intended to perntanent]y change the formula for the calculation of the base 6enefits ar ancillary benei3ts after the date of the change,ittcluding a change made in accordance with the fund�ng exces5 utili;�ation plan "benefi#impruvetnent"means an escalated adjustment for past periods or an increase in other anciliary benefirs allawed under the fvnding policy. 133 5 �� rv -��T��'��r�� The contributions reyuired by the PIan include the initial cvntrfbutions and contribution adjustments as may be required by the Funding Palicy. T�ere are also temporary contri�utions required to be made by the Employer. ,., r 3 �y "%3 t. �`v, �:1°"r. ��t. c.�r�;i*5:��k`.'ffi�s �.�i.ui'�in� ,i �'i? �'r RA'�+aa� The initial Employee contribution rate shall be 4%of Earnings for all�mployees ather than IAFF and SJPA Employees in Puhlic Safe#y dccupations, The initial Employee contribution rate shail be 12%of Earnings for 1AFF and SJPA&mployees in Public Safety Occupations [provided that Employees who were formerly employed in a Pu$][e Safety Occupation before accepting a non- unionized posftion may elect ta contribute at this rate in accordance with the Plan text),subjert to the ITA[defined be�aw). 7'Etese inetial Empioyee contribution rates are to remain the same unless altered by: • Contribu�ion adjustments ti-iggered under the Funding Policy; • ,An additiona!raduction required under the Income TaxAct(Canada)(the°ITA") (references in this Funding Policy to the ITA shall include the regula#ions thereunder where the conte�ct requires); • A permanent beneflt change resulting in a eontribution rate change as may be agreed to by the Employer and the Unions and subject to the requirements of the PBA and the ITA; • Qther changes to the Plan beyond those contemplated by this Funding Poiicy and anly if agreed to by the Employer and tfte Unlons and subject to the requirements of the PBA and the ITA. a4APk�lPb�x �.:E�a��L.�X$�El '^...4jX'E��AaF��I.�,�P�l,.�d'a��d° T�e init�al Empioyer contributiun rate shall be 11.4%af Earnings for al]Employees other than IAFF and SJPA Employees iz�Public Safety Occupations. The ini�al Employer contribubon rate shall be I5.2%of Earnings for IAfiF and SJPA�mployees in Pub19c Safety Occupations(including those Employees who were formerly employed in a Public 5afety Occupation befnre accepting a non-unfanized position and who eIect the Public Safety Occupation contribution z'ate in accardance with the Plan text}. These initlal Smployer contribution rate5 are to remain the same ixnless altered by: • Contribution adjustrnents triggered under the Funding Policy; • An additional reduction required under the 1TA; • A permanent benefit change resultfng in a contribution rate change as rnay be agreed to by the Empioyer and the Unions and subJect to the requfrements af the FBA,and t�te ITA; • Other changes ta the Plan beyand those contemplated by this Funding Polfcy and on[y if agreed to by the Emplayer and the Unions and subject to the requirements of the PBA and the ITA. 134 6 �p-. a't'� +� ,'T.9{' .a.;. 6' :s'. �� ;:YeY :'*p�S� Cammencing April l,201.3,the Employer is required to make temporary contr-ihutions at the rate of 17%of Earnings af all Employees(the"Temporary Colntributio�qs"]. The Temporary Cdntributions shall cease on April l,20Z8 or when the Plan achieves an open graup funded ratio, as defined in the PBA,of 150%,if earlier,provided that such Temporary Contributions shall not cease beEare Apriil 1,2023,subject to the ITA or pre-payment by the Emplayer in accordance r�v9th the Plan(subjert to the ITA and the PBA). If the[TA requires the cessation of the Temporary Contributions prior to April 1,2d23,once such contributions are again permissihle under the 1TA,they shall re-commence until an equivalent af J.0 years of such Temporary Contributaons have been made in total. These Temporary Contributions a3re to remain at 17�of Earnings of aI]�mployees during this time geriod unless aitered by: • Con�ihution adjus�nents trfggered under the Funding PoIicy; • An addit�onal reductton required under the[TA;or • Pre-�ayment of the Temporary Cont�ribution amounts by the Employer. s >_•a��*��°'§'S��'m°aW1�7,w�� :S . a��,`�� e�;�.4"«i7'r��b Adjus�nents to the initial contrlbution rates shall be made by the Board of Trustees based on the cond�tians set out beiow. Tnftial Contribution Rate Increases The$oard of Trustees must trigger an increase in the Inifial Employee conh-lbutlon rate of 25% (capped at Z.75�i6 of Eamings)if the open group funded ratio of the Plar�,as defined hy the PBA, falls belnw 100%for two successive year ends(befnre taking into account any initial contrib�tion rates increase), The Board of Trustees must also trigger an increase in fihe Initiai Smployer contribution rate at.the same time. The increase to the Initial Ernployer contributaon rate shal�equal tE�e increase to the Initial Bmployee contribution rate. 'i`he contribution rates increase shall take effect no later than 12 rnonths following the funding policy valuation date that triggered the need for the initial cona ibution rates increase.The inft�ai contribution rates increase shall be removec!no later than 12 months following a funding policy valuation date that reveals an open group funded ratio of at least 105�/n without considering the effect of the contributlon increase,and the primary risk management goal is znet I,�n'tlal Co bution Rate Reduction Subject to the prior steps set forth in the funding excess uti�izat�on plan in Section VI,and subject to the open group funded ratio befng in excess of 150%,the Board of Trustees shall trigger a reduction in initiai contribution rates of up Co a total of 3a/o of Barnings{applied equally to the Employer ini�al contribution rate and the Employee initial cantrihution rate at 1.5°i6 of Earnings each)ff the coaditions set forth in the funding excess utilization plan in Section VI are met,and the primary risk management goal can still be met after the reduction in initial contribu#ions. The reduction in initial contrfbution rates shall take effecl no later than 12 months fallowing the funding poIicy valuation date that triggered the need for the change.The reduction in initial contributian rates.shall be removed no later than 12 months following a funding policy vaivation 135 � date that reveals an open group funded ratio below 1409�0(when excluding such contribution reductian). Y+:��&9a�w�_., . .1 i�_ . i-;t In the event that all actions contemplated ander the funding excess utitization plan in Section V[ have been implemented and the eligible contributions[incIuding initial contributians and Temporary Gvntributians}still excccd the Ifmit allowed under the ITA,then the canlxibutfon rates shall be fiirther reduced in equal amounts for both the Employees and the Employer to the limit allpwed ander the iTA �'.�a..'�';Y.`;;w r#p � ,•`.at�"'-' t^+�?'1" i". ,'' . v. x., ;. �.:Ji '� .J� �."�,.. _ :�m_:r',`:} All contribubans shall be shared between Employees and the Bmployer based on the rules set nut above. Contribution holidays may�on[y be taken in the event they are required under the ITA. In the uz�likely event that the ITA required a contributian haliday,the contribution holiday would apply eqnally to boti�Emplayees and the Employer;provided that if t}ze contribution halidays r�sult in the fnitial Employee contribution rate being reduced to n11,if furtl�er contribution holidays in the year are requIred tn comply with the ITA,the Employer may take further cantribution halidays. ��_��:'�,��:*: All expenses pertaining to the administration and inve5tment of the plan and Fund shall be paid by the Fund. For the purposes oEthe risk rnanagement procedures,the funding poIicy disco�nt rate is seC net of all assumed Plan expenses. 136 $ ��'i'��f 11 - �U�DIh�� '[�I�' f��+C�V►E��' P�(� The 8oard of'frustees must imple�ent the funding deficit recovery plan if the open group funded ratio of the Plan falls below 100�/a for two successive pian year ends. Once triggered,the Board oE Trustees shall submit a report ta the Superintendent describing how the Boarc!of Trustees is dcaling wvith the underfi►nding of the Plan. In addit[on,the Board nf Tn►stees shall inform Plan members,the Employer and ti�e Unions of the actions be�ng taken and the effert and tirning of these actions on the contributions and benefits: The funding deficit recovery plan shall consist of the following ac�ons in the order of priority as listed below: 1. Increase�nitial conlribution rates as stipulated in Sec�pn IV; 2. Change early retirernent rules for post-conversion service for meznbers who are not yet eligible to retire and receive an immediate pension under the terms of the Plan to a faIl actuaria[reduction for retirement befpre age 65 for all Emplpyees other than IAFF and SJPA members wtto are employed in L'ublic Safety Occupations and for retirement before age 6Q far IAFF and SJFA members who are employed in Publie Safety O�cupations; 3. Reduce base benefit accrual rates for future servece after the date of implementation of the deRcit recovery plan by not more than�a/o; 4. Ir►addition to the reduction in step 3 above,reduce base benefits on a praportionate basis for all members regardless of inembership status far hoth past and futur�e service in equal propot-�ions. The atsove actions shall be taken one by one until such time as the Funding goals under the Reguiations are met. Further actions are iriggered when the fund'eng goals under the Regulations cannar be achieved with the cumu(ative effect of all previous actions,sueh goal heing measured annually and follow-up actions to take efFect as per tite tirnelines beIow. For example,if the fttnd�ng deficit recovery plan is triggered,the Baard of Trustees would implement step 1 first and determine if the funding goals under the Regu[ations as-e met. If steg 1 is sut�3c�ern ea meet the funding goals under the Regulations,no further act€on would be required at that time. At the neait annual review,the goaEs would he tested again and if not achieved,steps 2 and 3 in snccession would be impfemented in the same manner and upder the same circumstances as step l�. If steps 1,2 and 3 are not sut�'icient to achieve the funding goals under the Regulations,base benefit reduclions for all members must be irnplemen.ted as described under step 4. The base benefit reduction under step 4,if reqvired,sha]1 be snch that the funding goaLs under the Regulations far such purposes are achieved. The measurernent date is the date of the fiznding poli�y valuation report that triggered the need for the action or actions taken under the Eunding deficit recovery plan. 'Fhe timing afthe cnanges shall be as follows: 137 9 � Far initial contribution rate inereases under step 1,changes to eariy retirement rules for post conversion service under step 2 and reduction of future base benefits under step 3,no later than 12 months following the date of rlxe funding policy valuatian report that triggered the need for the accion. • For step 4,no later than 18 manths following the date of the Cunding policy valvation report that triggered the need far base benefit reduct�ons. 138 �0 S�CT't�i�! VI -- F��i��NC� ��5 tBT141ZJ�Ti�l� �'�.l�N The funding extess utilization plan descri6es the actians the Board of Trustees must take ar consider when the apen group funded ratio exceeds l O5�jo. However,if the open group funded ratio is above 105%and an increase in initial cantribution rates under Section V is still in effect, or the open group funded ratio is at 1U5%or less,there are no actfons that can be taken under the funding excess utilization p1arL !:lii"'g�'�� M^Y;rt�'��«,1�.;.Tyi.�ti,� K�� .�w�'6��:�}T�rl�.'+�3t When ac�on can be taken under the funding excess utilizatian plan,the amount available for utilization is as fol�ows: 1. 1/5�of the fund5 that malce up the excess of the open group,funded ratio at the valuatian date[Lo a maximum of 140°!0)over 105%:plus 2. 100%of thc funds that make up the excess of the open group funded ratlo at the valuation date over 140%,if any. The actions that can be taken depend on whether the base henefits and/or anciliary bene[its �ave ever been reduced ana such reduction not subset�uently reversed and on Che priority order set out below. ��a;- ,��s"� ,f. "�E 1;, � �:s`fi��;A�?`� ��:�`�[.�.'��k�1+Sx �a�"<� ��4��r`�,�:��. If base benefits and/or ancillary benefits have been reduced,all amounts available for utilization must first be used in the following order of priority: 1. Base benefit reductions[with respect to both past base henefits and future base benefits�applied under step 4 of Sectaon V,if any,must be reversed with respect to future payments at�er the date of reversal until a11 such reductions to base benefits have been reversed. 2. Base benefit reductaons[with respect to hoth past base benefits and future base benefits)applied under step 3 of Sectjon V.if any,must be reversed wlth respect to future payments after the date of reversal untfl al!such reductions to base benefits have been revetsed. 3. Redurtions in ancillary benefits[with respect to both past anciIlary benefits and future ancillary benefits}applied under step 2 of 5ection V,if any,rnust be reversed with respect to future pay►nents at�er the date of reversal until all such reductians to ancillary benefits have been reversed. �-��.�'n�J��:� If base benefits and/or ancillary benefits have never been reduced or af�er a�l previous reductions have been reversed for future payments,r,he Bnard of Trustees may take Ltxe foIlowing acdans witri respect to the amount available For utilizatioa Such actions shaIl be taken in the fdtlawing order oFprfority: 1. Pmvide indexing of base benefits up to the increase in the average Consumer Price Index(CPn far Canada for the 12-month periad precedirlg the date of tkte fitndfing 139 �1 policy valuation report aver the average of the CPC for the immediately prcceding 12-month period. The indexation percentage applied to base benefits shall be the same for aIl members. 2. Provide indexing of base henefits Eor all members for every year that was missed or only partially covered since the Canversion Date,starbng with the Q]dest period for which less than the full increase in the average CPI was provided up to the most recent in chronological order. 3. Provide a further ir�qrease to benefits of inembers for a period while they were not in receipt of a pensi�n that�is before-the funding policy valuation date that Sriggerea --- the act�on up to the rate nf iacrease in the average wage as detet-�nined under the lTA and subje�t to Section 8504 of Che regulatipns to the ITA;provided that no such increase would result in a requirement to calculate Past Service Pensian Adjustrnents. 4. Provide for unreduced early retirement beneflts tlot more generous than the Pre- Conversion Plan unreduced early retirement n�les. 5. Provide for other ancillary benefits up to those that are comparable to the anciUary benefits urnder ths Pre-Co�version Plan_ 6. Establish a reserve to cover the next 10 years of potentfal contingent fndexing based on CPI. 7. Apply contribut[on adjustments of up to 3%,as allowed under Section IV. If all of the actians from 1 through 6 above have been taken an d the open group funded ratio nf the PIan still exceeds1544/0,the Board of Trustees may consic�er the action in 7. If the action in 7 has been taken to the maximum allowed,the Soard of Trustees may consider permanent benefit Changes subject to the approval-0f the Employer and Unians and subject to most mernbers being able to beneflt from the changes. If all of the actions above have been taken and tkte contributions are still in excess of the limits ailowed under the ITA,then the contribution rates shall be further reduced in equa]amounts for bath Employecs and the Emplayer to the limits allowed under the ITA;provfdsd Chat if the �ontrihution reductions result in the initial Employee conh-ibution rate being reduced Lp s►il,if further contributipn reductions in the year are required to comply with the ITA,the EmpIoyer conti ibutions may be furthcr reduced. Each of the actions above can only be implemented after confirming that the primary risk management goal is achieved after the change is made.Except for the timfng of�ontribution reductions(described in Sectian N),the fiming of the above actions st�all be the first of the year that is 12 raonths af�er the date of the funding policy valuation report that trlggered the actions. 140 12 S�CC7't�C!!N ilif --��'�,��t1AL I��UMPT�D�� The Plan's actuary shall conduct a funding policy actuarial valuation as at the Conversion Date, and at December 31n of each year thereafter.The actuari�t assumptions used for the funding policy actuarial valuai�on and factors to consider regardfng chaqging such assumptions are discussed in thfs section. ��::��.::ti i F'�.��i��F� 'i'he initial discount rate shall he 4.59/o per annum. This discount rate shall remain in effect until, and including,the funding policy actuarial valua�ion report as at December 31,2Q14. T}te Board of Trustees may consider a�hange in the discount rate for the Aecember 31,2015 actuarial vaIuation or any later valuation. Once a change is made it shaIl remain in effect for at least two subsequent valuatians(f.e.,three valuation reports in total), The Bnard of Trustees would only change the discount rate if the foUowing conditfons are met: • 'E'he probability af ineeting or exceeding the discount rate aver the next 20 years bas�d on the target asset mix in the investment policy fa1ls below 90%;and • The prinnary risk management goaj fs achieved The intent is to leave the discounfi rate stable. ey'i s�4`�<`s,'�:.�,�-i`t' The mortality tabie shall be the i3P-94 generational mortality tahle using a iife expectancy improvement scale that closeiy replicates Scale BB published by the Society of Actuaries. The mort�lity basis shall only be changed if required by the Superintendent or the Canadian Institute of Actuaries to reflect improvemenEs in life expe�tancy beyond those conternplabed by the last table used ar if recornmended by tlte Plan actuary to reflect even greater icnprovements in 11fe expectaacy. �:��fi��ry�.�� s��.�,�-�;�� The retirement patterns shall reflect Plan experience tnodified to alIow for anticipated changes due to changes in early retirement n21es, The retirement pattern5 ShaU be reviewed at least every fivc years attd changed to reflect emerging e�erience. 'a��d��.>��t�`t' �,�x°��;: There is initially no termination rate assumption. While the termination value funded ratio af the plan�s below 1.Q,this will remain a conservative assumptioa '�o the extent th,at termination 141 �3 values are paid while the termination funded ratia of the pdan is below 1.0,the Plan may realiae znodest gains thaY shall nnly be recognized as and when theq oc�ur. This assumptian will 6e reviern►ed periodicaily and changefl,as dee�ned appropriate. 142 14 s�cr��o� vi�i -�r��u�►�. �t�v�� The Funding Policy shall be reviewed each year in accordance with the requirements of ihe PBA. The annuaI review of the Funding Policy consists oE two elements as follows(dfscussed below): 1. Process for applical3on of the Funding Policy;and 2. Identificatfon of potential changes to the Funding Policy that may be required. t�r�=��.,�:�k�'�r�1��';a� �.3�°` ��;fi��:$�`�`� ��.i�� The Funding PoIicy shall be applied by t]te Board of'Frustees as follows: I. Funding policy valuat3on report as at the Conversion Date,and becember 31st of each year thereafter. 2. Risk managentent procedures conducted as at the valuaLion date each year. 3. Catculation of the ppen group funded ratio. 4. Identification of Board of Trustee action ar actions required or possible under this Funding PoIicy. 5. Test of risk management goals as required under the Funding Policy after action or actions in step 4 and if the risk manage�nent goals are met,move to step 7. 6. If test in step 5 not met,then actions 9n step 4 adJusted under the terms of the Funding Policy such that the risk management goals required to be met under the tcrms af this Funding Policy are me� 7. Report ta the Superinteadent,as required,and fuIfill any ather P$A requirements. 8. Report to mernbers,Employer and Unions. 9. Implernent actions: ?4 '..'�r��a#�'�7��:r��'a �t� i��°"alr:��1�t�,�. �`.�3��i�°� The Board of Trustees sha[I annually review this Punding Policy to identify changes requfred to either improve clarlty af the Funding Poiicy or remaln current with changiing Plan,pension environment,demographic or economic circumstances. The Board of Trustees may make the fol�owsng changes to khe Fundiztg Policy: [i) Changes ttxat are needed to comply with a law or re�lation;Qr (ii) Subject to(i),any other changes that are not related to or do not affect the Para�ebers set out in Schedule"A". Al1 other changes to the Funding Po]icy must be approved by the Emgloyer and the Unfons and altimatelpthe Superintendent IN WITNfiSS WHEREOF,each aFthe signatories hereto has caused this Funding Policy�be signed by its respective duly authorized officers or repres�ntatives this�� day oP �� 2013, 143 �5 THE CTTY OF SAINT�OHN Per: Af ame: Title: WITNESS: SAINT JQN1N FIRE FTGHTERS ASSOCIATIOfY,INTERNATIONAL . ASSOCIATION QP FIRE FIGHTERS,LOCAI, 771 Name: - Per: - �� Name: Paul Stackhouse Tide: President WITNESS: SAINT JOHN PQLIC�AS50CIATION .� � ,—. -r' /�� ` � Per, �� . Nap�: ame: Jamie Hac Ti�ie: Presi nt WITN�SS: CLIPE LQCAL�8,SAIMT iOHN CITY OUTSIDE W�RKBRS , Per: ''��1� �y � � me: � Name: MicbaeI Meahan Title: President 144 16 WITNSSS: CUPE,LOCAL 486 � �� Per: Name: � Name: Paul Johnson Ti�le: President /6162331 145 17 SCAEDULE"A" The Parameters • Initial Ernployee Contributions • Initial Employer Conti-ibutions • Employer 1`emparary Contributions • ConUrlbut�on Adjustrnents • Sharing af Contributions � Funding Deficit Re�overy Plan(Sectlon 1� • Funding Excess Utilizat�on Plan(Section�'I] 16162331 146 �� ', � RESOLVED that Common Council adopt"7he City of Saint John Shared Risk Plan"dated as of lanuary 1, 2013, prepared by Goodmans LLP(including the amendment to section 4.4 delivered by Goodmans on lune 24, 2013 as well as the deletion from section 9 of the NTps{Note to Draft}which were delivered by Goodmans on June 18, 2013),as recommended by the Task Force on Protecting Pensions established by the Province of New Brunswick, and submitted to Common Councif on June 24,2013;AND FURTHER that the Mayor and Common Clerk be authorized to execute the said document. RESQLVED that Common Council adopt"The City of Saint John Shared Risk Plan, Funding Polic�' dated as of January 1, 2413, prepared by Goodmans LLP as recommended by the Task Force on Protecting Pensions established by the Province af New Brunswick, and submitted to Common Council on June 24, 2013;AND FUTHER that the Mayor and Common Clerk be authorized to execute the said document. 147 1� 1{� THE CITY OF SAINT JOHN SHARED RISK PLAN As of January l, 2013 148 TABLE OF CONTENTS Article I BACKGROUND AND PURPOSE �F THE PLAN ........................................................1 Article II DEFINITIONS.................................................................................................................2 Article III ELIGIBILTTY AND PARTICIPATION........................................................................8 ArticleN FiJNDING....................................................................................................................10 Article V BASE BENEFITS..........................................................................................................12 ArticIeVI COLA...........................................................................................................................14 Article VII BENEFITS ON TERMINATION OF EMPLOYMENT...........................................15 Article VIII DEATH BENEFITS ..................................................................................................17 ArticleIX DISABILiTY................................................................................................................2Q ArEicle X DESIGNATION OF A BENEFICIARY.......................................................................22 Article XI NORMAL RETIREMENT...........................................................................................23 Article XII FORMS OF PENSION BENEFITS............................................................................24 Article XIII EARLY RETIREMENT............................................................................................26 Article XN POSTPONED RET7REMENT..................................................................................28 Article XV ADMINISTRATION..................................................................................................29 Articie XVI DISCLOSURE...........................................................................................................31 Article XVII INVESTMENT POLICY AND RISK MANAGEMENT FRAMEWORK............33 Article XVIII FUNDING POLICY...............................................................................................34 Article XIX ASSIGNMENT AND COMMUTATION OF BENEFITS.......................................35 Article XX MAXIMUM PENSION..............................................................................................37 Article XXl AMENDMENT OR DISCONTINUANCE OF THE PLAN....................................38 Article XXII C�NVERSION DETAILS.......................................................................................39 Article XXIII PURCHASES OF SERVICE AND RECIPROCAL AGREEMENTS ..................40 Ar�icle XXIV ADDITIONAL VOLUNTARY CONTRIBUTIONS ............................................41 Article�XV MISCELLANEOUS ................................................................................................43 Appcndix A—COLA GRANTED UNDER ARTICLE VI Appendix B CONTRIBUTION RATE ADJUSTMENTS A.ppendix C— BENEFIT CHANGES 149 Article I BACKGROUND AND �'URPOSE OF THE PLAN 1.1 This CSJ Sharec� Risk Plan is pursuant to an agreexnent betwcen the City of Saint John and the Saint John Fire Fighters Association, International Association of Firc Fighters, Local 771 and the Saint John Police Association and CUPE, Local 18, Saint John City Outside Workers and CUPE, Local 486. 1.2 The Unions and the Employer cniered into a Memorandum of Understanding, dated December 21, 2012 {the "Memorandum of Understanding"), pursuant to which they agreed to convert thc CSJ Plan to a Shared Risk Plan effective January 1, 2013 in accordance with thc Mernorandum of Understanding and the Pension Benefits Act. 13 The City of Saint John Pension Act was repealed by the Repealing Act, which provided that the CSJ Plan established by the City of Saint John Pension Act continued in forcc until it was amended, replaced or wound up in accc�rdance with the Pension Benefits Act. 1.4 Amcndmcnis were rnade to the Pension Bencfits Act, effectivc December 31, 2012, to give the Common Council of the City of Saint John the power to a�nend the CSJ Plan for the purposes of converting the CSJ Plan to a Shared Risk Plan in accordance with the agreed terms under the Memorandum of Understanding. 1.5 Effective January 1, 2013, the CSJ Shared Risk Plan convcrts and replaces the CSJ Plan. l.b From and after the Conversion Date, the plan shall be a Shared Risk Plan and shalI comply with and be subject to the Pension Benefits Act. 1.7 The primary purpose of thc CSJ Shared Risk Plan is to provide pcnsions to eligible Employecs after retirernent and until death in respect of their service as Errxployees. Thc purpose of the CSJ Sl�ared Risk Plan is to provide secure benefits to members of thc plan without an absolute guarantee but with a risk focused management approach dclivering a high degree of certainty that Base Benefits can be mct in the vast majority of potential future cconomic scenarios. As a Shared Risk Plan, all future cost of living adjustments for eurrent and future retirees and other Ancillary Benefits under the CSJ Sbared Risk Plan sha1l be provided only to the extent that funds are available for such bcnefits, as determined by the Board of Trusiees in accordance with applicable la�-s and ihe plan's Funding Policy. 150 -z - Article II DEF�NITIONS 2.1 "Accumulated Tnterest" means interest on a Member's contributions crediied no less frequently than annually and determined as follows: (i) With respect to the period up to the Con�•ersion Datc, shall be "credited interest" as determined and defincd under the CSJ Plan; and {ii) As of the Conversion Date, shall be the actual rate of return of the Fund (net of the administrative expenscs paid by the Fund), whether positive or negative for the Plan Year. Interest shall be calculated on a Mernbcr's contributions made during a Plan Year by applying 50% of the applicable anrivat rate of return to the totaI contributions made by ar on behaIf of a Member during the Plan Year, pro- ratcd, if applicable, for the period of inembership during the Plan Year. Interest that is to be credited on a date other than December 31 shall be calculated using the annual rate of interest established on the Deccmber 31 irnmediately preceding the date in question. 2.2 "Actuarial Equivalent" means having an equal valuc when computed on the actuarial basis as approved by the Board of Trustees and which is in effect at the tirne such computation is made and which is acceptablc under the Pension Benefits Act and Income Ta�c Act. 2.3 "Actuaries" means Fellows of the Canadian Institute of Actuaries appointed by the Board of Trustees for the purposes of the CSJ Shared Risk Plan. 2.4 "Additional Voluntary Contributions" means voluntary contributions to the Fund by a Member in accordance with Section 24.1, which are in addition to any contributions payable by a Mcmbcr as required under Article IV and any Lump Sum Voluntary Transfcrs. 2.5 "Administrator" means the Board of Trustees, the administrator for this CSJ Shared Risk P1an. 2.6 "Ancillary Benefit"has the samc meaning as set out in the Pcnsion Bcncfits Act and, for greater certainty, includes future C�LA. 2.7 "Base Benefits" means the amount of pension paid or payable to a Member at any givcn time (including all vested base benefits as at the relevaxtt date and all vested ancillary benefits as at the relevant date) as described under Article V. 2.8 "Beneficiary" means that person or persons last designated by the Member in accordance with Section 10.1. 29 "Board of Trustees" or "Trustees" n�eans the board of trustees of ihe CSJ Shared Risk Plan and the individual members appointed pursuant to Section 15.3 and the Declaration of Trust, which is the administrator of the CSJ Shared Risk Plan and shall have tl�ose 151 - 3 - duties, powers and responsibilities as outlined in tbc CSJ Shared Risk Plan, the Funding Policy, the Declaration of Trust and the Pension Bcnefits Act. 2.10 "child" or"children" shall include a naiural child, stcp-child or adopted child. 2.l 1 "City of Saint John Pension Act" mear�s the City of Saint John Pcnsion Act, ch. 112, Acts of New Brunswick 1994, as amended, which was repealcd as a statute by fihe Repealing Act. 2.12 "CSJ Plan" means the City of Saint John Yension Plan, rcgistration #0269209, established under The City of Saint John Pension Act, as it was irnmediately prior to the Conversion Date. 2.13 "CSJ Shared Risk Plan" means this "City of Saint J�lhn Shared Risk Plan" established for the Employees of thc Employer, as amended from time to hine, which converls and replaces the CSJ Plan as at the Conversion Date under the Pension Benefits Act. 2.14 "Claimant" means the Spouse, Dependent or estate of the Mcmber, or the Member's Beneficiary, as the case may be, and, for greater certainty, includes Other Prc-Conversion CSJ Clairnants where the context requires. 2.15 "COLA"means cost of living adjustrnents. 2.1b "Coilective Agreements" means the following collective agreements covering employees represented by the bargaining units of the Unions: Collcctive Agreement between the Ciry of Saint John, N.B. and the Saint John Fire Fightcrs' Association, Local Union No. 771; Working Agreement betwecn the City of Saint John, N.B. and the Canadian Union of Public Employees, Saint John City Hall Emplayees' Local Union No. 486, C.L.C.; Working Agreement bctween The Board of Police Commissioners for t�e City of Saint John and The Canadian Union of Public Ernployees, Saint John City Hall Employees' Local Union No. 486, C.L.C.; Working Agreement between The Saint John Board of Police Commissioners and the Saint Jo�n Police Association; and Working Agreement between The City of Saint John, N.B. and The Canadian Union of Public Einployees, Local #18 {Outside Workers). 2.]7 "Contribution Holidays" means the full or partiai reduction of the coniributions normally paid by Employecs and tl�e Employer into the CSJ Sliared Risk Plan where such reductions arc required under the Income Tax Act. 2.18 "Conversion Date" means January 1, 2013. 2.19 "Common Couneil"means ihe Common Councii of the Employer. 2.20 "CUPE 18"means CUPE, Local I 8, Saint 7ohn City Outside Workers. 2.21 "CUPE 486"rneans CUPE, Local 486. 2.22 "Declaration of Trust" means the dcclaration of trust entered into by the Board of Trustees, dated as of Febri�ary 1, 2013, as amended from time to time. 152 - 4 - 2.23 "Early Retirement Date"has thc meaning provided in Section 13.1 2.24 "Earnings" means the regular salary or wages of the Mcrnber payahle by the Employer, which, for greater certainty includes long service pay, shift dif�erential, bonuses that replace wage increases, statutory holiday pay, court time and on-cail earnings, but excludes any over-time and similar wages, bonuses (other than those that replace wage increases), commissions, taxable benefits, pay in lieu of vacation, retirement allowance or retirement pay, gratuities or honoraria. It shall also include deemed earnings calculated in accordance with Article IX, when applicable, and subject to limits under the Income Tax Act. 2.25 "Employees"mcans a person employed by the Employer. 2.26 "Employer"means thc City of Saint John, New Brunswick. 2.27 "Full-time EmpYoyment" means employmcnt requiring continuous scrvice in any permanent position where the Employee is required to work at least 32 %2 hours per week, but excludes Emp�oyees who are engaged in seasonal, casual, holiday relief or part-time cmployment as detennined by thc City. 2.28 "Fund" means the assets held in trust under the terms of the CSJ Shared Risk Plan to provide for the payment of benefits as described in the plan t� Members and their beneficiaries. 2.29 "Funding Policy" means the funding policy for the CSJ Shared RiSk Plan, as amended from time to time, in accordance with the Funding Policy, Artiele XVIII and the Pension Benefits Act. 2.30 "IAFF" means Saint John Fire Fighters Association, International Association of Firc Fighters, Local 77l. 2.31 "Income Tax Aet" means the Income Tcra Act, R.S.C. 1985 c.l (Sth supplement}, as amended fronn time to time, together with any relcvant regulations and administi-ative rules made thereunder from tirne to time. 2.32 "Investment PoGcy" means the investment policy, as amended from time to iime, established by the Board af Trustees for the CSJ Shared Risk Plan in accordance with Articic XVII and the Pension Bencfits Aet. 2.33 "Lump Sum Voluntary Transfer" rneans any amounts transfcrred to the Fund in accordance with Section 24.2 to be held as Additional Voluntary Contributions. 2.34 "Merr►ber" means an individual who has joined the CSJ Shared Risk Plan in accordance with Article III and who remains contingently or absolutely entitled to a benefit entitlement under the CSJ Shared Risk Plan. 2.35 "Memorandum of Understanding" mear�s the Memorandurn of Understanding regarding the City of Saint John Pension Plan entered into between the Employer and the Unions on December 21, 2Q12. 153 - 5 - 2.36 "Normal Form Pension"means the normal form pension descrihed under Article XII. 2.37 "Normal Retixement Date" mcans the Member's sixty-f fth (65th) birthday as described in Article�I. 2.38 "Other Pre-Conversion CSJ Claimant"means eligible claimants in receipt of a pension under the CSJ Plan immediately prior to the Conversion Date and Pre-Convcrsion Deferred Vested Members under the CSJ Plan imrnediately prior to the Conversion Date, but excluding Pre-Convcrsion Retirees. 2.39 "Parameters" means the parameters for the Funding Policy agreed by the Parties under the Memorandum of Understanding. 2_40 "Party" or "Pardes" means a Union or Unions and/or the Employer, as the context requires. 2.41 "Per�sionable Service"means any period of crnployment in respect of which the Member has made contributions to the CSJ Plan or the CSJ Shared Risk Plan, as the context requires, including periods during which Member contributions are waived in accordance with Section 9.4 while the Membcr is in receipt of long term disability benefits under a graup insurance plan provided by the Employer or is Tatally and Permanently Disabled. When a Member is employcd in less than Full-time Employrnent for any period, the Pensionable Servicc of that Member for that period shall be adjusted by thc ratio of that Member's Earnings over the Earnings the Mernber would have received had the Member bccn employed on a Full-time Employment basis. 2.42 "Pension Benefits Act" means thc Pension Benefits Acl {New Brunswick), ch. P-5.1, as amended from tiine to time, together with any relevant regulations and administrative rules made thereunder from time to time. 2.43 "Plan Year" shall mean thc calendar year. 2.44 "Postponed Retirement Date"has the meaning provided in Section 14.2. 2.45 "Prc-Conversian lleferred Vestcd Member" means a formex employee of the Employer who participated in the CSJ Plan and had terminated employment prior to retirement and as at the Convcrsion Date had not elccted to transfer the actuarial equivalent value of the employee's pension from thc CSJ Plan pension fund to another pension fund, a prescribcd retirement arrangement or for purchase of a dcferred life annuity. 2,46 "Pre-Conversion Retiree"raaeans a person who had been employed by the EmpIoyer and rctired under the terms of the CSJ Plan pzior to the Conversion Date and was receiving a pension payable from the CSJ Plaa� immediateIy prior to the Conversion Date, but does not include any person who was in receipt of a disability pension under section I S of the CSJ Plan and under the age of 65 as of the Conversion Date. 2.47 "Public Safety Occupation" means a "public safety occupation" as defined under thc Income Tax Act. 154 - 6 - 2.48 "Registered Investment Vehicle" means a Registered Retirernent Savings Plan, or other vehicle permitted under the Income "1'ax Act, as designated by a Member's Spouse pursuant to Section 8.3. 2.49 "Repealing Act" means �n Act to Repeal the City of Saint John Pension Act, ch. 41, Acts of New Brunswick 2012. 2.5� "Risk Management Framework" means thc risk management framcwork, as amended from time to time, cstablished by the Board of Trustees in accordance with Article XVII and the Pension Benefits Act. 2.51 "Shared Risk Plan" mcans a shared risk plan as defined and described in the Pension Benefits Act. 2.52 "SJPA"means Saint John Police Association. 2.53 "Spouse" means (i} a "common law partncr", which is a person who is not or vuas not married to the Mcmbcr, but is or was cohahiting in a conjugal relationship with the Member for a continuous period of at least two years irnmediately before the date in question; or (ii) a "spouse", which is a person who is married io the Membcr, pro�ided that if the marriage is voidable, it has not been voided by a declaration of nullity, or if the �narriage is void, it was gone through by each person in good faith and the persons have cohabited within thc preceding year bcfore the date in question. Providing he or she is otherwise eligible, a "spouse" (undcr (ii) of this provision) of a Member shall be cntitled to a right or benefit claim under this CSJ Shared Risk Plan over the competing claim of a "cornrnon law partner" (under (i) of this provision) of the Member, unlcss such claim is barred by a valid domcstic contract betwecn the Member and the "spouse" (under (ii) of this provision) or a decree, order or judgment of a compctcnt tribunal. 2.54 "Temporary Contributions" means the temporary contributions (as described in the Pension Benefits Act) that the Employer is required to rnake pursuant to Section 4.5. 2.55 "Termination Value" has the mcaning assigned to it under the Pension Benefits Act. 2.56 "TotaIly and Permanently Disabled" means in relation ta a Member, suffering from a physical or �nental impairment that pre�-ents the Member from engaging in any employment far which the Member is rcasonably suited by virtuc of ihe Member's education, �raining or experience and can be reasonably expected to last for the remainder of the Mcmber's lifeiime. 2.57 "Unions" or "Union" means IAFF, SJPA, CUPE 18 and/or CUPE 48b, as the context requires. 2.58 "Vesting Date" means the date of completion of the earlier of five years of continuous employmer�t with the Ernployer or two years of inembership in thc CSJ Shared Risk Plan, including, for greater certainty, membership in the CSJ Plan. Any Memher who was vested under the CSJ Ytan as of the Conversion Date shall be vested nnder this CSJ Shared Risk Plan. 155 - 7 - 2.59 "YMPE" shall have the meaning assigned hy section 18 of the Canada Pensaon Plara, R.S. 1985, c. C-8. 156 - S - Article III ELIGIBILITY AND PARTICIPATION 3.1 Each Employee who is a member of the CSJ Plan as of the Conversion Date is eligible and shall automatically be a Member of the CSJ Shared Risk Plan. 3.2 Each Pre-Conversion Retiree and Other Pre-Conversion CSJ Claimant as of thc Conversion Date shall be eIigiblc far benefits under the CSJ Shared Risk Plan in accordance with Section 52. 3.3 Each Employee who commences Full-time Ernployment with the Emplayer on or after the Conversion Date shall be required to join the CSJ Shared Risk Plan on the Employee's first datc of employment. 3.4 Each Employee who is employed in less than Full-time Employment may become a Member upon complcting 24 months of less than Full-time Employment if that Employee has earned not less than 35 per cent of the YMPE in each of the two consecutive calendar years immediately before becoming a Member. Effective 7anuary 1, 2014, such Employee must become a Member when the Employee first meets the requirements of this Section 3.4 on January 1, 2014 or any January ly`thereaftcr. 3.5 When an Employee becomes a Member of the CSJ Shared Risk Plan, such Ernployee may not teiminate mcrnbcrship except in accordance with the Pension Benefits Act. 3.6 Sub�ect to Section 3.7, an Employee who has benefit entitlements under the CSJ Shaxed Risk Plan for a prior period of employment will be treated as a ncw Employee for purposes of eligibility and participation in the CSJ Shared Risk Plan. 3.7 Wilere a Pre-Conversion Retiree or a Member who is receiving a pension subsequently becomes an Employee required to join the CSJ Shared Risk Plan in accordance with Section 3.3 or 3.4: {i) The re-hired Employce shall become an active Member of the CSJ Shared Risk Plan on the date the Member is required to join; (ii) Paymcnt of the pension to the Pre-Conversion Retiree or Mcmber shall be suspended; {rii) The Mexnber shall start to contributc to the CSJ Shared Risk Plan and accrue further Pensionable Servxce; (iv) Upon subsequent termination of employment the Member's pension that was payable just before the Member re joined the CSJ Shared Risk Plan shall start again at the same level and under the sarne form previously clected by the Member (but including any COLA provided under Article VI during fi.�ie Member's re-employmcnt period); and 157 - 9 - (�•} Upon subsequent termination of employment, the pension accrued during the period of re-employment shall be treated in accordance with the rules applicable to regular Members. 158 - 1a - A��ze rv FUNDING 4.1 The Employer, on its own behalf and on behalf of the Employecs who are Members of the CSJ Shared Risk Plan, will remit monthly contributions to the Fund as is required by the Board of Trustees from time to time, and within the time lirnits prescribed under the Pcnsion Benefits Act. 4.2 Initially, subject to the Income Tax Act, thc contributions required from Employees who are Mcmbers of the CSJ Shared Risk Plan shall be: (i) 9% of Earnings (except for IAFF and SJPA Employees who are Members of the CSJ Shared Risk Plan and employed in a Public Safety Occupation); and (ii) 12% of Earning� for IAFF and SJPA Empioyees who are Members of the C.SJ Shared Risk Plan and employcd in a Public Safety Occupation, and thereaftcr contribution rates of Employees who are Members of the CSJ Shared Risk Plan shall be adjusted as may be rcquired froxn time to timc by the Board of Trustees subject to the triggering mechanisrn and ]imitations imposcd by the Funding Policy, and as documented in Appendix B. 4.3 Initially, the contributions rec�uired from the Empfoyer shall be; (i) 1].4% of Earnings on behalf of all Employees who are Membcrs of the CSJ Shared Risk Plan (other than IAFF and SJPA Employees who are employed in a Public 5afcty Occupation); and (ii) 15.2% of Earnings on behalf of IAFF and SJPA Employecs who are Members ot' thc CSJ Shared Risk Plan and employed in a Public Safety�ccupation, and thcrcaftcr contribution rates of the Ernployer shall be adjusted as may be required from time to tizne by the Board of Trustees subject to the triggering mechanism and limitations imposed by the Funding Palicy, and as documcnted in Appendix B. 4.4 IAFF and SJPA Employees who were exnployed in a Public Safety Occupation before accepting non-unionizcd positions with the Employer may elect to make the Employee contributions in the amount set out in Section 4.2(ii). For greater certainty, Employees in a Public Safety Qccupation who were previously members of a predecessor association to IAFF or SJPA;�°��}��ri^ �'r ro� r,...,,� ti�a before accepting non-unionized positions with the Employer, are cligible to make the elec�ion. Where such Employees make such an election, the Employer shaJl contribute thc arnount set out in Section 4.3(ii) on bchalf of such E�►x�ployees. The election by the Employee is irrevocable a3nd must be made within eight (8) months of the Conversion Date, or the date of appointrncnt to a non-union position, if later, and shall he retroactive to that date. Such electian shall be madc by filing written notice with the Board of Trustees, with a copy to the Employer, in such form as is acceptable to the Board of Trustees. 159 - 11 - 4.5 Commencing April 1, 2013, the Employer shall also be required to make Tcmporary Contributions of 17% of Earnings of all Employees who are Members of thc CSJ Shared Risk Plan that will cease on March 31, 2028 or when the CSJ Shared Risk Plan achieves an opcn group funded ratio, as defined in the Pension 13enefits Act, of 150%, if earlier, provided that such Temporary Contributions shall not eease before Marck� 31, 2023, subject to the Income Tax Act. If the Income Tax Act requires the cessation of the Temporary Contributions prior to March 31, 2Q23, once such contributions are again permissible under the Incorne Tax Act, they shali re-com�nence un�il an equivalcnt of ]0 years of snch Tcmporary Contributions have becn made in total. 4.6 The Employer, in its sole discretion, shail bc allowed to contribute Temporary Contrihutions in advance, subject to the Income Tax Act. Such advanced Ternporary Contributions shall be credited with the net Fund rate of return, and shall be used to satisfy the Employer requirement to rnake future Temporary Contrii�utions when they become due, subject to the Pension Benefits Act and the Income Tax Act. 4.7 ConCribution Holidays will only be permitted if required under the Incomc Tax Act, will apply to both Cmployees and the Employer equally and will only be applied in thc manner allowed under the Funding Policy; providcd ihat if the Contribution Holidays result in the Employee contributions in a given year bezng rcduced to ni�, if further Contribution Holidays in the year are requircd to c;omply with the Income Tax Act, the Employcr may take further Contribution Holidays. 4.8 Subject to the Funding Policy, all rcasonable fees and expenses related to the adrninistration of the CSJ Shared Risk Plan and the administration and investment of the Fund may be paid from the Fund, including fees and cxpenses of thc Board of Trustecs and their agents. 160 - 12 - Article V BASE BENEFITS 51 The Basc Bcncfiits described in this Article V are the intended benefits under this CSJ Shared Risk Plan. Notwithstanding any other pro�•ision of this CS1 Sharcd Risk Plan, the Funding Policy will allow or rcquire the Board of Trustces to makc changes to the Base Benefits and Ancillary Benefits. Such changes may be positivc or negative and will affect all classes of Mcmbers, Claimants, Prc-Conversion Retirees and Othcr Pre- Conversion CSJ Claimanis �nder the CSJ Shared Rislc Plan. Any changes to benefits made pursuant to ihe Funding Policy shall be paramount for the time period required under the Funding Policy and may affect the benefts specified in this CSJ Shared Risk Plan. Any such changes shall be documented in Appendix C from timc to time. 5.2 For Pre-Con��crsion Retirees and Other Pre-Conversion CSJ Claimants, the Base Benefit shall be the amount of pension paid or payable as at the Conversion Date, as determined under the GSJ Plan (without reference to future COLA adjustments), plus all COLA adjustments as may be granted by the Board of Trustees from time to time in accordance with Article VI and thc Funding Policy, as documented in Appendix A, but shall not include potential future COLA adjustrnents. 5.3 A Member's Basc Benefit shall be d.etermincd as foliows: (i) With respect to any Pensionable Servicc of the Member under the CSJ Plan prior the Conversion Date, the amount determined pursuanE to Section 5.4; plus (ii) With respcct to the Member's Ycnsionable Service on ox after the Conversion Date, the amount determined pursuant to Section 5.5;plus {iii) All COLA adjustments as may be granted by the Board of Trustees firom time to time, in accordance with Article VI and the Funding Policy, as documented in Appendix A,but shall not include future COLA adjustments. 5.4 Base Benefits of Members prior to the Conversion Date shall be cqual to the number of years (and fractions thereot� of the Member's Pensionable Service prior to January l, 20I3 multiplicd by 2% of the best 3 consecutive year average salary, as dcfined in the CSJ Plan at the Conversion Datc (provided that only salary prior to the Conversion Date is included in the calculation of the best 3 consecutive year average salary), subject to the maa�imum amount determined under subscction 27{1) of the CSJ Plan as at the Conversion Date. 5.5 Base Benefits on or after the Convcrsion Date shaZl accrue where a Member has Pensionable Service each year on or after January 1, 2013 on the following basis: {i) 3.8% o� the Member's Earnings for the year; provided that the maximum Earnings for thc purposes of this calculation is $120,400 in 2012 (snch maximum Earnings shall be indexed every ycar after 2012 to the rate used to index the YMPE). 161 - 13 - 5.6 For geater certainty, any automatic increases in accrued pensions, deferred pensions, and pensic�n benefits, either by formula or contingent on salary incrcases, under the CSJ Plan will no longer apply under the CSJ Shared Risk Plan as of the Conversion Date, as allowed under Section IOQ.52 of the Pension Benefits Act. Instead, future CQLA adjustments may bc granted by the Boaxd of Trustees from time to timc in accordance with Article VI and the Funding Policy, as documentcd in Appendix A. 162 - 14 - Article VI COLA 6.1 COLA is an Ancillary Bcncfit anc� shall be providcd annually on a conditional basis. For geater certainty, COLA rnay be rzil in a givcn year or years, as determined by the Board of Trustees in accordance with the Funding Policy. 6.2 Each year COLA shall bc added to the Basc Benefits in respect of past periods for Members, Claimants, Pre-Conversion Retirecs and Other Pre-Conversion CSJ Claimants, only if sufficient funds are available in the CSJ Shared Risk Plan to provide such COLA as determined by the Board of Trustees in accord.ance with the Funding Policy. The Board of Trustees shall detertnine the amount of COLA to be granted in any given year in accordance with the Funding Policy. b.3 COLA granted in any given year by the Board of Trustees in accordance with the Funding Policy shall be Iimited to that permitted undcr the Income Tax Act. 6.4 Once COLA is gxazited to a Member, a Claimant, a Pre-Conversion Rctiree or Other Prc- Conversion CSJ Claimant in accflrdance with this Article VI and the Funding Policy, it will become part of thc Base Benefits for such Member, Claimant, Pre-Conversion Retiree or Other Pre-Conversion CSJ Claimant, as the case may be. 6.5 COLA ganted under thc CS7 Shared Risk Plan on and after the Conversion Date shall be documented in Appendix A. 163 - 15 - Article VII BENEFITS ON TERMINATTON OF EMPLOYMENT 7.1 In thc event of a Member's termination of emplo}•ment, other than thrnugh death, prior to the Member's Vesting Date, the Mcmbcr shall be entitled to a refu.nd of the total amount of ihe Member's own contributions to the CSJ Shared Risk Plan and the CSJ Plan with Accumulated Interest. The Member may direct that such refund be paid in any of the following ways, or as otherwise permitted from time to tirne under the Pension Benefits Act and the Income Tax Act: (i) Paid as a lump-sum cash refund to the Memher; (ii) Transferred to the Member's registered retirement savings plan, if the transfer is permitted under the Income Tax Act; or (iii) Transferred to the Member's registered retirement income fund, if the transfer is permitted under thc Income Tax Act. 7.2 In the event of a Member's termination of empioyment, other than through death, after the Member's Vcsting Date bui before the Membcr's eligibiliiy for an immediate pension undcr Article XIII, such Member is entitled to a deferred pension under tl�e terms of this CSJ Shared Risk Plan. In lieu of a dcfcrred pension, the Member is entitled to transfer the Termination Value under Section 7.3 (subject to Section 19.2). The Board of Trustees shall provide thc Mcmber on termination of einployment with the disclosure of information required under the Pension Benefits Act and an election form pursuant to which the Member may elect the transfer of his or her Termination Value under Sec�ion 7.3. 7.3 A Member who is entitled to transfcr the Tennination Value rnay require the Board of Trustees to direct that the Termination Value be transferred: (i) To another pension plan with the consent of the adrninistrator of that pension plan; (ii} To any othcr prescribed retirement savings arrangement to which such a transfer is permitted under the Pension Benefits Act; or (iii) To purchase a deferred life annuity for the Member from an insurance company iicensed to seil annuities in Canada, with the payments under the annuity to commence no earlier than ten years before the Mem6er's Normal Retircmcnt Daie or thc datc of the Member's termination of employment, if later {but no later than the end of the year in which the member attains 71 years of age). The Member must provide this direction to thc Board of Trustees within ninety (90} days after the Member receives noticc of his or her rights under Section 7.2. If no such direction is provided within the ninety (90) day period, the Member will be deemed to havc clected ta not make such a transfer and Section 7.4 shall apply. 164 - 1G - 7.4 Unless othcrwisc elected by the vested Mcmber under Section 73, and subject to Article XIX, such Member's accrued deferrcd pension under the CSJ Shared Risk Plan shall remain in the CSJ Shared Risk Plan and the Member shall be entitled to a deferred pension under the terms of this CSJ Shared Risk Plan until the Member's pension commencement, death, or mamage or common law partnership breakdown (in circuzx�stances where a payment to the Member's Spouse or formcr Spouse from the CSJ Shared Risk Plan is rcquired). 7._5 Upon t�e transfer of a Termination Value under Scction 7.3 or a refund under Section "1.1, the Member has no cniitlement to any furthcr benefits or enhancements from the CSJ Shared Risk Plan or payment from tbe Fund and ceases to be a Member of the CSJ Shared Risk Plan. 7.6 Any Pre-Conversion Deferred Vested Members shall not be entitled to a transfcr in accordance with Sectian 7.3 or any other transfer from the CSJ Shared Risk Plan (subject to Article XIX) and shall remain in the CSJ Shared Risk Plan, entitled to a deferred pension under the terms of this CSJ Shared Risk Plan, until the pension commencement, death, or marriage or common law partnership brcakdown (in circurnstances where a payment to the Pre-Conversion Deferred Vestcd Membet's Spouse or former Spousc from the CSJ Shared Risk Plan is reyuircd) of the Pre-Conversion Deferred Vested Mcmbcr. 7.7 Any Termination Value payable under this CSJ Shared Risk Plan shall be crcdited with interest at the Fund rate of retezrn for the prior Plan Year (net �f administi-ative expenses paid by ihe Fund} from the datc of the Member's termination of employrnent, termination of inembership, retirement or death, as the case may be, to the date of payment or transfer. 165 - 17 - Article VIIi DEATH BENEFITS 8.1 Upon ihe death of a Member who has not atiained the Vcsting Datc, the Mcmber's own contributions to the CSJ Shared Risk Plan and the CSJ Plan with Accumulated Interest shall be paid to the Membcr's surviving Spouse, or if there is no surviving Spouse, to the Member's Beneficiary. 8.2 Upon the deatb of a Member who has attained the Vesting Date but has not commenced to receive his on c�r pcnsion, the death benefit payable with respect to the Membcr's Pensionable Scrvice before the Conversion Date is: (i) If the Membcr had a surviving Spouse, the surviving Spouse of the Membcr is entiticd to an annual pension equal to 60 percent of thc annual pension accrued with respect to Pensionable Servicc befare the Conversion Date, or, if higher, in the case of the death of a Mcmber while employed as a result of accident arising out of or in the course of that Member's employmcnt, an annual pension equal to 60 percent of such Member's Earnings at thc Member's date o��death pro-ratcd for Pensionable Service before the Conversion I�ate over the Member's total Pcnsionable Service at the date of death. Such pension assumed to bave been payahle to the Member had the Member been at his or her Normal Retirernent Date at the time of thc Member's death, with such pension payable for the Spouse's lifetime; or {ii} If the Memher did not have a surviving Spousc but had a least one dependent child, or aftcr the death of a surviving Spouse who was in receipt of a pension under paragraph 8.2(i), a dependent child's pensi.on is to be paid to the depcndent child of the Member (or if thcre is more than one child to the dependent children in equal shares} equal to the pension that would have bcen payable to the surviving Spousc under paragraph 8.2{i}, if the Meinber had a survil-ing Spousc, (or on the death of a surviving Spousc, under para�raph 8.2(i), as the casc rnay be), for the period beginning on the flrst day of the month following thc date of death of the Member (or the first day of the month following the datc of death of the surviving Spousc in receipt of a pension under paragraph 8.2(i), as the casc may bc} and ending on the earlier of(I) the enc� of the calendar year in wbich the dependent child attains age 18 (or the day on which the dependent child ceases to be in full-time attendancc at an educational institution, but not later than the child's 25th birthday), or(II) the date of death of the dependcnt child; or (iii} lf the Membcr did not have a surviving Spouse and did not have at least onc depcndent child, the Trustees may grant to another dependent of the Member a pensxon not exceeding an amount equal to the amount of the surviving Spouse's pension that could havc been paid under paragraph 8.2{i) had the Spouse survi�ed the Mcmber. In ihis paragraph 8.2(iii}, dcpendent means a parent, grandpareni, brother, sister, or grandchild of thc Membex who is both dependent on the Meinber for support and is: 166 � 18 - (a) Under 19 years of age and wili not attain l 9 years of age in the calcndar ycar in which the pension to thc dependent becomes payable; (b) 19 ycars or older but under the age of 25 and is in full-time attendancc at an cducational institution; or (c) Dependent on the Member by reason of inental or physical infirmity. Any amount by which the Membcr's Termination Valuc, for ihe perio� of Pensionable Service before the Conversion Date, as at the date of death of such Member, exceeds the aggregate of all pension paytnents made under this Section 8.2 (to the surviving Spousc, the dependent child or children and any other dependents), sha11 be paid to the children of such Member in equal shares, and if therc are no children to the Member's Beneficiary, or if there is no Beneficiary, to the estatc of the Member. $.3 Upon thc death of a Member who has attained the Vesting Datc but has not commenced to receive his or her pension, the dcath beneft payable with respect to thc Member's Pensionable Service on and aftcr the Canversion Date is the Texmination Value for such Member calculated as at the Member's date of death. The death bcnefit is payable in a lump sum to tl�e Membcr's surviving Spouse at the date of death, or if there is no such surviving Spouse, to the Member's Beneficiary. In ihe event that the death bencfit is payable to the Mernber's surviving Spouse, such surviving Spouse may direct that such death benefit be transferred to his or her designated Registered Investrnent Vehicle, as permitted under the Income Tax Act. 8.4 Death benefits payable, if any, after a Member's pension comtnencemcnt date shall be in accordance with Article XII and the elections made by the Member at the hme of pension commcncerncnt. 8.5 Pensions payablc to a surviving Spouse undcr Section 8.2 with respect to Pensionable Service before the Conversion Date shall not exceed the ratio of Pensionable Service before the Conversion Date to Pcnsionable Service to the Member's datc of death, iimes 66 2/3 percent of the greatez�of: (i) The lesser of (a.} The annual amount of pension to which the Member would have been entiticd aE Normal Retirement Date had such Member continued in employment to that date with no change in Earnings, or (b) 150 percent of the YMYE in the year of the Member's death, or {ii} The annual amount of accrued pension to which the Member would have been entitled to if such member had been eligible to retire, without reduction for early retirement, immediatcly prior to the date of death. 167 - 19 - 8.6 With respect to pre-Conversion Date ser�-ice, if a Mernber dies as a result of an accident arising out of or in ihe course of the Member's employment and lca�•es a surviving Spouse and a child or children, the dependent child of such Membcr, or if thez-e is morc than one child the dependent children in cqual shares, is entitled to ar� annual pension equal to the excess if any of the amount calculated under Section 8.5 where the number 100 is substituted for the numbcr G6 2/3, or of 60% of the Member's Earnings at the Member's date of dcath pro-rated for Pensionable Service before the Convcrsion Date over thc Member's total Pensionable Service at the date of death, whichevcr is the lesser, over the annual pension payable to the survi��ing Spouse under Section 8.2(i}, for the period beginning on the first day of the month following the date of Yhe Member's death an.d ending on the earliest of: (i) The end of the calendar year in which the dependent child attains age 18; (ii) The day on which the dependent child ceases to be in fulI-time attendance at an educational institution, but not later than the da.y the child attains age 25; and (iii} The date of death of the dependent child. 168 -20 - Article IX DISABILITY 9.1 Disability pensions that wcre payable under scction l5 of thc CSJ Plan lo persons who had not reached age b5 as of the Conversion Date shall not bc paid under the CSJ Shared Risk Plan. 9.2 Each person whose disability pension was ceased as of the Conversion Date in accordance with Section 9.1 shall be entiticd to start to receive a pension from the C5J Shared Risk Plan from the first day of the rnonth coincident with or next following his or her 65t�' birthday (including any survivor pension payable afler the person's dcath after age 65 in accordance with the tcrms of the CSJ Plan as it existed at tl�e Convcrsion Date and any election made by the individual at the time the disability pension started to be paid from the CSJ Plan). The amount of thc annua] pension for pre-Conversion Datc service shall be calculated using the Member's Pensionable Service under ihe CSJ Ylan before the individual became Totally and Permanently Disabled, plus additional deemed Pensionablc Service from the date the individual bccame Totally and Permanently Disablcd to the Conversion Date (subject to a maximum of 30 years), times 2.0% times the individual's best 3 consecutive year averagc deemed salary at the Conversion Date with such deemed salary being the salary carned by other Employees covered under the classification, or its equivalent, in which such individual was covercd before he or she became Totally and Pernnanently Disabled, subject to limits on such deemed salary imposed under the Income Tax Act. The amount of the pension for post-Conversion Date service shall be calculated using 1.8% of deemed Earnings for each ycar (subject to a total of 30 years of Pensionable Servicc) that the person is Totally and Permanently Disabled from thc Conversion Date to attainment of age b5, with such deemed Earnings being thc Earnings earned by other Employees covcred under the classification, or its equivalent, in which sucb individual was covered before he or she became Totally and Permanently Disabled, subject to limits on such deemed Earnings imposed under thc Income Tax Act; provided that the total pension payable at age 65 shall not be less than it would havc been under the CSJ Plan; provided further that (and despite the forcgoing) under no circumstances shall the total pension cxceed the maximum pension under subsection 27(1) of the CSJ Plan, as it existed at the Conversion Date. With respect to each person whose disability pcnsion ceased as of the Convcrsion Date in accordance with Scction 9.1, and wbo subsequently died bctween thc Conversion Date and the datc he or she would have reaehed age 65, the CSJ Shared Risk Plan shall pay any sur��ivor pension that would have been provided under the CSJ Plan and in accordance with the election made by the individual at the time the disability pension started to be paid from the CSJ Plan, frorn the first day of the month coincident with or next following when the person would have reached his or her 65th birthday. 9.3 Members who c�rnmence to receivc long term disability benefits under a group insurance plan provided by the Employer or who become Totally and Permanently Disabled on or after the Conversion Datc shall continue to accrue Pensionable Service under the CSJ Shared Risk Plan frorn the date they cornmence to receive long term disability benefits 169 - 21 - under a group insurancc plan pro�ided by the Employer (or become Totally and Permanently Disablcd) until the earlier of{snbject to thc Income Tax Act}: (i) Attaining age 65; or (ii} The date the Member ceases to receive long term disability benefits under a group insurance plan provided by the Employer or ceases to be Totally and Permanently Disabled. The Member's Base Benefit for Pcnsionable Service accrued under Scction 9.3 is calcuIated in accordance with Section 5.5. The deemed Earnings used in the calculation of such benefit is cqual to the Earnings from time to timc earned by other Employees coveretl under the classification or its equivalent in which such Memher was covered imrnediately prior to the date when he or shc started to receivc long term disability beneflts under a �-oup insurance plan providcd by the Employcr {or became Totally and PermanentIy Disabled, if earlier), subject to limits on such deemed Earnings imposed under the Income Tax Act. 9.4 A Member who is in receipt of long term disability benefts under a group insurance plan provided by the Employer or Totally and Permanently Disabled and continues to accrue Pensionable Scrvicc under the CSJ Shared Risk Plan under Sec�ion 9.3 shall not be required to make Ernployee contributions to thc CSJ Shared Risk Plan during the time period that he or she is accruing Pensionable Service pursuant to Section 9.3. �'or grcater certainty, the Employer shall not be required to xnake Employer contributions in respect of such Member to the CSJ Shared Risk Plan during such timc period. 170 - zz - arci�le x DESTGNATION OF A BENEFICIARY 10.1 Subject to ihe pravisions of any applicable laws or regulations in effect frorn time to time, by written notice to the Board of Trustees a Member may designate a Beneficiary or Bcncficiaries to receive any benefit that may be payablc to a Beneficiary or Beneficiaries under the terms of the CSJ Shared Risk Plan on the Member's death, and by similar written notice may alter or revoke such designation. 10.2 If, on the death of a Member, there is no designatcd Beneficiary or the Beneficiary has predeceased the Member, any death benefits that are payable under the terms of the CSJ Shared Risk P1an shall be paid to the Member's estate. 171 - 23 - Article XI NORMAL RETIREMENT 11.1 For thc purposes o#the CSJ Shared Risk Plan the Normal Retircment Date of a Membcr, is the Member's sixty-fifth (bSth) birthday. 11.2 A Membcr who terminates employment bcfore his or her Normal Retirement Date and after the Member's Vesting Date, can elect to commence the Member's pension calculated in accordance with Article V (and Article IX, if app�icable), including any COLA provided under Articic VI before pension commence�nent, on thc Memher's Normal Retirement Date, and shal� receive the Normal Form Pension described in Section 12.1, automatic form under Section 12.2 or such optional form of pension as the Member rriay clect in accordance with the provisions of Section 12.4. 172 - 24 - Article XII FORMS OF PENSION SENEFITS 12.1 Subject to Scction 12.2, the Nonnal Form Pension benefit payablc to a Member upon his or her Early Retirement Date, Normal Retircment Date or Postponed Retirement Datc, as applicable, is a Iife pension, with a guarantee that the aggregate of the payments rnade will never be less that the Member's own contributions with Accum.ulated Interesl to the date of pension commencement. 12.2 For a Member who has a Spouse on the date on which pension payments commence, and the Spouse has not waived his or her right to a survi��or pension in accordance with Section 12.3, the automatic form of pension is a joint and survivor pension that is payable in equal monthly instalments ior ihe life of the Mcmber and payable after the Member's death to such Spouse for his or her life in equal manthly instalments equai to 60% of the amount paid to the Member at the timc of death (for �-eater certainty, a Member may elect an optional form under Section i 2.4, provided that a wratten waiver of the Member's Spouse is obtained where required}, with a guarantee that the aggregate of the payments made to the Membcr and the Spouse will nc�°cr be less than thc Member's own contributions with Accumulated Interest to the date of pension comrnencement. For grcater certainty, the joint and survivor pension under this Section 12.2 is not provided on an Actuarial Equivalent basis to the Normal Form Pension under Section 12.1. 12.3 A Mcmber who has a Spouse may elcct a Normal Form Pension described in Section 12.1 or an optional form described in Section 12.4 that providcs a survi�or benefit of less than 60%to the Spouse, or no survivor benefit at all, if: (i) The Member delivers to the Board of Trustees, within the 12-month period immediately prcceding the date upon which payment of thc pension is to commence the written waiver of thc Member's Spouse in the form prescribed under the Pension Benefits Act; and (ii) This waiver is not revoked prior to the comxnencement of the pension. 12.4 In lieu of the Normal Form Pension payable under Section 12.1 or, the automatic form of pension under Section 12.2, as applicable, and subject to the restriction under Section 12.3, a Member may cicct, bcfore pension commenccmcnt, to receive his or her pension benefit in onc of the following optional forms of pension. The pension payable under an optional form to a Member without a Spouse, or for which a spousal waiver is required under Section 12.3 shall be the Actuarial Equivalent of the pcnsion otherwise payable to the Member under Scction 12.1. The pension payablc under an optional form to a Membcr with a Spouse for which a spousal waiver is not xequired under Section 12.3 shall be the Actuarial Equivalent of thc pensian otherwise payable to the Member undcr Section 12.2. 173 -25 - (i) Joint and Last Survivor Pension- 100% �-Under this optional form of pension, payments arc madc to the Member durin� thc Member's lifctime and, if the Member predeceases the Member's Spouse ai the date of pension commencement, pay�nents are continued to such Spouse for his or her life in equal monthly instal�nents equal to 100% of the amount paid to the Membcr at the tirne of death. (ii} Other Optional Forms as determined by the Trustees - Such other optional forms of pension as are determincd from time to time by the Board of Trustees, and which comply with the Pcnsion Benefits Act and the income Tax Act. 12.5 Sections 12.1, 12.2, 12.3 and 12.4 apply to a Member whose pension commenccment date is on or after the Conversion Datc and all Qt11er Pre-Conversion CSJ Claimants who had not started their pension at thc Conversion Date. For Pre-Conversion Retirees and Other Pre-Conversion CSJ Claimants in receipt of a pension at the Conversion Date, the provisions applicable to thc form of payment of such pensions under the CSJ Plan at the Conversion Date continue to apply under the CSJ Shared Risk Plan. 174 - 26 - Article XIII EARLY RETIREMENT 13.1 A Member may elcct to start to receive his or her pension at any time after thc Member's termination af employment, after having attained the Vcsting Date, and: (i) For a Member who was enrolled in the CSJ Plan bcfore the Conversion Date, when the total of the Member's age and Pensionablc Ser��ice equals at teast 85 (taking into account Pensionable Service under both the CSJ Plan and the CSJ Shared Risk Plan} ("85 Points"), or, if earlier, having attained agc 55 (for greater certainty, a Member may attain 85 Points prior to age 55); and (ii) For a Member enrolled in the CSJ Sharcd Risk Plan on or aftcr the Conversion Date, having attained age 55. Such date shall be the Member's Early° Retiremcnt Date. Thc Mcmbcr must elect to start to receive both the portion of his or her pcnsion accrued before and after the Conversion Date, if applicable, on ihe Member's Early Retirement Date. 13.2 Wiih respeci io the portion of the Member's Base Benefit accrued before the Conversion Date, the Base Beneft shall not be rcduced if the Member had reached 85 Points at his or her date of termination of employrnent (fox greater certainty, a Member may attain 85 Points prior to agc 55}, otherwise, the Base Benefit shall be permanently reduced by 5% per year(or parts thereo�between the pension comrnencement date and {i) If the Member was not age 55 at his or her date of termination of crnployment, the Member's age 65; or (ii) If the Merr�ber was age 55 or older at his or her date of ter►nination of employment, the date the Mcmber would have reached 85 Points had the Member continued in employment afler ihe Member's termination of employment and pension commencement date, or age 65, if earlier. 13.3 With respect to the portion of the Member's Base Benefit acerued on and afier ihe Conversion Date, the Base Benefit shall be permanently�educed by b% per year (or parts thereo� between the pension commcncement date and the daEc the Member will reach age 65 (or age 60 for the portion of the Base Beneftt accrued while a Member is an IAFF or SJPA rnember employed in a Public Safety Occupation or while a Member elected to contribute pursuant to Section 4.4). 13.4 Upon his or her Early Retirement I�ate, a Member's pension is calculated in accordance with Article V including any COLA provided under Ariicle VI before pension commencement, and reduced in accc�rdance with Sections 13.2 and 13.3, as applicable, and the Member shal] rec:ei�•e the Normal Form Pension describcd in Section 12.1, automatic for�n under Section 12.2 or such optional form of pension as the Member may elect under Section 12.4. 175 - 27 - 13.5 Other Pre-Conversion CSJ Claimants who had not started their pension at the Conversion Date but were eligible for a dcfcrred pension and had tcrminated cmployment before being eligible to receive an immediate pension undcr thc CSJ Plan, may elect to start to receive their pension at any tirne after the attainmcnt of age 55, with their Base Bencfit being permanently reduccd by 5% per year (or parts thereof} between their pension commenccmcnt date and the date they will reach age 65 13.6 Other Pre-Conversion CSJ Claimants who had not started their pension at the Convcrsion Date but wcrc cligible for an immediate pension upon their termination of crnplayment, may elcct to start to receive their pension ai any time on or after the Conversion Date, with their Base Benefit being permanently reduced by 5% per year (or parts thereo fl between the pension commencemcnt date and the date the Mexnber would have reached 85 Points had the Member continued in employment, or age 65, if carlier. 176 - 28 - Article XIV POSTPONED RETIREMENT 14.1 ln the event that a Member continues in employrnent beyond the Member's Normal Retirement Date, contributions to the Fund by the Member, and in respect of the Mernber by the Employer, sha]] continue, and Pcnsionable Service shall continue to accrue under the CSJ Shared Risk Plan in accordance with Section 5.5, until such time as the Member reaches his or her Postponed Retirement Date under Section 14.2. 14.2 In thc event thai a Member continues in employment beyond the Membcr's Normal Retirement Date, the Member sha11 start his or her pension upon his or her tcrmination of employment, but in no event sha11 the pension commencement date of a Member be postponed beyond the end of the year in which the Member attains age 71, or such other age as may be permitted from time to time pursuant to the Incomc Tax Act. Such latcr pension commencement date shall be the Member's Postponed Rctirement Date. 14.3 Upon his on c�r Postponed Retirement Datc, a Member's pension is calculatcd in accordanee with Article V, including any COLA provided undcr Article VI before the Member's pension commencement and the Member shall receive the Normal Form Pension described in Section 12.1, automatic form undcr Section 12.2 or such optional form of pension as the Member may elect under Section 12.4. 177 -29 - ArticZe XV ADMIIVISTRATION �5.1 Effective Fcbruary 1, 2013, a Board of Trustces constituted in accordance with this Article XV was established by Declaration of Trust and such Board of Trustees is the Administrator of the CSJ Shared Risk Plan. 15.2 Prior to thc Board of Trustees being established, the CSJ Plan board of trustees (thc "Pension Board") assumed the responsibility of the Board of Trustees from the Conversion Date. �nce the newly constituted Board of Trustees was established in acc;ordance with the Memorandum of Understanding and Declaration of Trust, tlne Pension Board ceased to act as irustees of the CSJ Shared Risk Plan. 15._3 The Board of Trustees shall consist of eight (8) members. IAFF, SJPA, CUPE 18 and CUPE 486 shall each appoint one (1) Trustee to the Board of Trustees. The Common Council shall appoint thc remaining four(4) Trustees. 15.4 At the first meeting of the Board of Trustees, the Board of Tzustees shall unanimously select a person (which, for gxeater certainty, may include an office, corporation, partncrship or lirnited liability partnership) who shall be called upon to cast the deciding vote in the event that the Board of Trustees is deadlocked. Such person shall not be a member of the Board of Trustecs. The Board of Trustees may, from tirne to time, unanimously determine to change the person who shall be called upon ta cast the deciding vote in thc event that the Board of Trustccs is deadlocked; pravided that at all times there must be such a person selected by the Board of Trustees. 15.5 Thc Board of Trustees shal� have all the powcrs, duties and responsibilities set forth in the Declaration of Trust and under the Pension Benefits Act and the Income Tax Act. Without limiting the �enerality of the foregoing, the Board of Trustces shall be responsible for: {i} All measurements and reporting required by the Pension Benefits Act, including annual funding policy actuarial valuations and stochastic modelling of the assets and the liabilities of the CSJ Sharcd Risk Plan; (ii) Establishing the Investment Policy (which is subject to annual review by the Board of Trustees); (iii} Administering and investing the CSJ Shared Risk Plan and Fund in accordance with the Pension Bcnefits Act, Income Tax Act, this CSJ Shared Risk Plan text and the Funding Policy; and {iv) All other requirements of an administrator under the Pension Benefits Act. 15.6 The Board of Trustees may enact rules and regulations relating to the administration and investment of the CSJ Shared Risk Plan and Fund to carry out the terms hereof and may a�nend such rules and regulations from time to time. Such rizles and regulations shall not 178 - 30 - conflict with any provision of this CSJ Sharcd Risk Plan, the Declaration of Trust, the Funding Policy, the Pcnsion Benefits Act or the Income Tax Act. 15.7 The Board of Trustees may appoint one or morc agents to carry out any act or transaction required for the administration and managernent of the CSJ Shared Risk Plan and Fund or may retain advisors. Every agent appointed by the Board of Trustees shall report to and be subject to the direction and continuing supervision of thc Board of Trustees. 15.8 The Board of Trustccs shall be entitled to rely upon all statemcnts and reports tiirnished by an actuary, an accountant, an appraiser, a lawyer or other professional advisor retained by the Board of Trustees. Z 5.9 Wherever the rccords af the Employer are used for the purposes of the CSJ Shared Risk Plan, such records shall be conclusi�-e of the facts with which they are concerned. 15.10 In the absenec of actual notice to the contrary, the Board of Trustees shall make payment in accordance with information provided by the Membcr. If there is a dispute as to whether a person is a Spouse, child, dependent, Bcncficiary or other person entiticd to payments hereunder, or wherc two or more persons make adverse claims in respcct of a benefit, or where a person makes a claim that is inconsistent with information pro��ided by the Member, the Board of Trustees may obtain court directions and the costs thereof may be paid frorn the Fund in accordance with Section 18.2(iv), or may, in the discretion of the Board of Tz-ustees, be charged to the person entiticd to the bencfit to be paid. 15.1 I Every Employee shall furnish to the Board of Trustees, when required to do so, proof of age satisfactory to the Board of Trustees. 15.12 T'he duties of the EmpIoyer with respect to the administration of the CSJ Shared Risk Plan shall be as follows: (i) To provide to thc Board of Trustees in the form prescribed by the Trustees completc up-to-date information on all mattexs relating to age, service, eligibility or retnuneration of Members, their retirement, death or termination of employment, and ail other pertinent facts or information which the Board of Trustees may require for the operation and adrninistration of the CSJ Sharcd Risk Plan; and {ii) Where reasonably requested by thc Board of Trustees, to communicate details of the CSJ Shared Risk Plan to Members, to inform Employees regarding eligibility requireinents for participation in the CSJ Shared Risk Plan, and to assist with the distribution and collection of the prescribed enrollment form for eligible Employees who are required to join the CSJ Shared Risk Plan. 179 - 31 - Article XVI DISCLOSURE 16.1 Within the period prescribcd by the Pension Benefits Act, the Board of Trustces sha11 provide to each Employce who becomes eligible for membership in the CSJ Shared Risk Plan (including, for greater certainty, those Members who became eligiblc as a result of the con��ersion of the CSJ Pian), a written description of the CSJ Sharcd Risk Plan. Such description shall explain the terms and conditions of the plan applicable to the Employee and the rights and obligations of the Employee in respect of the plan. Such description shall include disclosure of the fact that the CSJ Shared Risk Plan is a Shared Risk Plan for the purposes of the Pension Benefits Act. In addition, the disclosure will set �ut the purposes and charactcristies of a Shared Risk Plan in accordance with the Pension Benefits Act. 16.2 Within the period required under tiie Pension Benefits Act, the Board of Trastees shall provide a writtcn explanation of an amendment to each Employee affccted hy the arnendmcnt. 16.3 The Board of Trastees shall permit a Member, or such person as is required to be permittcd under the Pension Benefits Act, to inspect, to make extracts frorn or to copy thc CSJ Shared Risk Plan text and any other related documcnts required to be made available under the Pension Benefits Act at such time and places as may be required under the Pension Benefits Act. 16.4 To the extent required under the Pension Benefits Act, the Board of Trustees shall provide, on requcst, a Member, or such person as is required to be permittcd under the Pcnsion Benefits Act, with copies of any of the documents rcquired to be made available under the Pension Benefits Act upon payment to thc Board of Tn.istees of a reasonable fee. 16.5 Within the period prescribed under the Pension Benefits Act, the Baard of Trustees shall provide each Membcr a written statement dcscribing the benefits the Member has earned to datc and such other information as required under tbe Pension Benefits Act. 16.6 Upon cessation of employment of a Mcmber or upon termination of the Member's active membership in tlie CSJ Shared Risk Plan, the Board of Trustccs shall provide to thc Member (or person entitled to benefits in the evcnt of the Member's death) within the period prescribed under the Pensian Benefits Act, a written statement containing the information prescribed under the Pcnsion Benefits Act in respect of thc benefits and options to which the Member or other p�rson is entit�ed. 16.7 Within 12 xnonths after the revicw date of each funding policy actuarial valuation rcport prepared for the CSJ Shared Risk Plan, the Board of Trustees shall proti•ide the Employer, the Members and the Unions a report containing the following information, in addition to any other information as may be rcquired under the Pension Benefits Act from time to tim e: 180 - 32 - (i} The open group funded ratio and the tennination value funded ratio of thc CSJ Shared Risk Plan; (ii) The investment performance of the Fund; (iii) Thc funding policy liabilities; {iv} The results of the testing performed using thc asset liability model, including the probabilitics associated with the risk management goals; (v) The Board of Trustees' assessment of the need to reduce beneliis or the opportunity to inerease benefits, including a description of the risk factors affccting the plan; (vi) A summary of the Funding Policy; and (vii} A description of how Member benefits would be calculated if the CSJ Shared Risk Plan wcre terminated. 16.8 The Board of Trustecs shall provide such other inforination regarding the CSJ Shared Risk Plan, statistical or otherwise, as is reyuircd under the Pension Benefits Act and the Income Tax Act. 16.9 Such explanation, statement or right of disclosure of the CSJ Shared Risk Plan text and other documents pxovided shall have no effect on the rights or abligations of any person under the CSJ Shared Risk Plan, and shal] not be referred to in interpreting or giving effect to the provisions of the CSJ Shared Risk Plan. None of the Board of Trustees, the Employcr, thc Unions, nor any agent thereof, shall be liable for any loss or damage claimed hy any person to liave been causcd by any ezxor or omission in such explanation, statement or other information. 181 - 33 - Articic XVII INVESTMENT POLICY AND RISK MANAGEMENT FRAMEWORK 17.1 The Board of Trustccs shall cstablish the Investmcnt Policy. 17.2 The following considerations apply to the establishment of the Investrncnt Policy: (i) The purpose of the Investmcnt Policy is to ensure that the desired sccurity for the Base Benefits and the Ancillary Benefits is achievcd; (ii) Sophisticated stochastic financial and economic moc�els that meet stringent statistical reliability critcria must be used to set invcshnent allocations, including target investment durations, froxn time to time; and {iii) The Investment Policy must reflect relevant factors including thc maturity of the CSJ Shared Risk Plan, the expected contributions into the CSJ Shared Risk Plan, the cxpeeted benefits payable from the CSJ Shared Risk Plan, the �unding Policy and the CSJ Shared Risk Plan's current funded status. 17.3 Thc Board of Trustees shall review, and amend as required, the Investment Policy at lcast ance per year. With respect to each such review, the Board of Trustees sha�l ensure that the considerations under Section 17.2 are applied. 17.4 The Board of Trustees shall establish a Risk Management Framework for the CSJ Shared Risk Plan. Suci�Risk Management Framework shall: (i) Establish the risk managcment goals and procedures of the CSJ S�arcd Risk Plan; and (ii} Contain the requirements set out in the Pension Bcnefits Act. 17.5 The Board of Trustees shail review, and amend as required, the Risk Management Framework at lcast once per year. With respect to each such review, the Board of Trustees shall ensure that the considerations under Section 17.4 are applied. 17.6 In the administration and investment of the CSJ Shared Risk Plan, the Board of Trustees sh.al� adhere to the Investment Policy and the Risk Management Framewark. 182 - 34 - Article XVIII FUNDING POLICY 18.1 Thc Parties shall establish, and the Board of Trustees shall adopt, a Funding Policy in accordance with the Paxameters. 18.2 The Funding Policy shall at a minimum contain: (i) A clear statcment of ihe funding goals, which shall meet or exceed the minimum set out in the Pension Benefits Act; (ii) A description of thc cost sharing between the Employees and Employer; (iii) A description of the required contributions and what changes to contributions shall be allowed, or required, under various conditions; (iv) A clear statement as to responsibility for plan expcnses for the CSJ Shared Risk Plan, which shall provide that all expenses arc to �e paid by the CSJ Shared Risk Plan unless otherwise agreed; (v) A dcficit recovery plan that shall contain both the priority ordcr and the level of changes allowed. The deficit recovery plan shall be such that reduction of Base Benefits would occur as a last stcp in the deficit recovery plan in accordancc with the Pension Benefits Act; (vi) A funding excess utilization pian in accordance with the Parametcrs and the Pension Benefits Act; (vii) A description of the financial measurement basis adopted by the CSJ Shared Risk Plan; and (viii) Any othcr requirements prescribed under the Pension Benefts Act. 18.3 The Board of Trustccs shall review, and amend as requircd, the Funding Policy at least once per year, in accordance with the Funding Policy and the Pension Benefits Act. 18.4 In the administration of the CSJ Shared Risk Plan, the Board of Trustees shall adhere to the Funding Palicy. 183 - 35 - Article XIX ASSIGNMENT AND COMMUTATION OF BENEFITS 19.1 Upon a Member's termination of employmcnt after having attained thc Vesiing Date and where the amount of the annual accrued pension or deferred pcnsion payable to such Member is less than 10% of the YMPE in the calendar year of termination of employment, or such other amount prescribed under the Pension Benefits Act from tirne to time, the Board of Trustccs may require the Member to transfer his or her Tcrmination Value in accordance with Section 7.3. 19.2 Upan a Member's tcrmination of employment after having attained the Vesting Date, the Membcr may cicct to receive a lump-sum pay°ment equal to ihe Member's Tcrmination Valuc if the adjusted Termination Value payable, determined in accordance with subsection 34(2) of the Pension Benefits Act, is less than forty per ccnt of the YMPE for the calendar year in which the Mcrnber terminated employmcnt, or such other amount prescribed under the Pension Benefits Act from time to �ime,provided that if the Member has a Spouse, thc Mernbcr has provided the Board of Trustees with a written waiver of the Member's Spouse in the form prescribed undcr the Pension Benefits Act. 19.3 Subject to approval of the Board of Trustees, and bascd on conditions that thc Boare� of Trustees may establish from time to time, and subject to the Pension Benefits Act, a Member who has attained his or her Vesting Date at his or her termination of employment may elect before bccorning eligible for an immediate pension, and in lieu of the deferred pension payable hereunder to receive a lump-sum payment equal to the Mcmber's Termination Value if: (i) The Mernber establishes to the satisfaction of the Board of Trustees, by a written statement froan a duly qualified medicaI practitioner acceptable to the Board of Trustees, that the Member suffers from a significant physical or mental disability that considerably reduces life expectancy; or {ii) The Member and his or her Spouse are not resident in Canada for purposes of the Incorne Tax Act, are not Canadian citizens and have provid.ed a waiver to the Board of Trustees in the form prescribed under the Pension Benefits Act. 19.4 Upon the transfer of a Termination Value in accordance with Section 19.1, 19.2 ox 193, the Member has no entitlement to any further benefits from the CS7 Shared Risk Plan or payment from the Fund and ccases ta be a Member of the C5J Shared Risk Plan. 19.5 In no other event is a Mcmbcr entitled to receive a lump-sum benefit in lieu of a pension, cxcept that the benefits of a Member may he dividcd between the Membcr and the Member's Spouse or former Spouse in accordance with the provisions of the Pension Benefits Act and the Income Tax Act pursuant to: 184 - 36 - (i) A decree, order or judgmen.t of a court of competent jurisdiction; or {ii) A written agreement in settlement of rights arising as a consequence of the breakdown of marriage or other conjugaZ relationships between the Mernber and the Member's Spouse or former Spouse. 185 - 37 - Article XX MAXIMIIM PENSION 20.1 Notwithstanding any provision to the contrary in this CSJ Shared Risk Plan, ihe annual lifetime pension payable io any Member undcr this CSJ Shared Risk Plan, determined at the time of pension commencement, including any benefit payable to a Mcmber's Spouse as a result of a mariial breakdown, shall not exceed the Member's Yensionable Servicc multiplied by the lesser of: (i) $2,696.b7 (for pension commcncement dates in 2013) or such greater amount permitted under the Income Tax Act; and (ii) 2% of thc Member's highest a�crage indexed compensation (as dcfined under the Income Tax Act} in any 4 non over-lapping periods of 12 months, retiuccd, if the pension commcncement date precedes the earlier of the day on which: (iii) The Member attains age 60; {iv) 'I'he Mcmber's age plus eariy rctirement eligibility service (as defined in the Income Tax Act) would havic equallee� 80; and (v} Thc Member would have completed 30 years of carly retirement eligibility service (as defined in the Incorne Tax Act) with the Employer, by '/ of 1°/a for each month by which the pension colnmencement date precedes such date assuming the Member had continued in ernpioyment to that date. Subsequent to a Membcr's pension commencement, the maximum annual lifetime pension determined above shall be indexcd annually according to incrcases in the Consumer Price Index for Canada as published by Statistics Canada or its successor, over the 12-month period ending October of the immediately preceding Plan Year. For greater certainty, such indexation calculation is solely for the purposes of determining the znaximum pension undex this Article XX. 186 - 38 - Article XXI AMENDMENT OR DISCONTINUANCE OF TI3E PLAN 21.1 Subject to Section 212, the CSJ Shared Risk Plan may be amcnded by the Board of Trustees from time to time. 2i.2 Amendments to the CSJ Shareci .Risk Plan related to the following, or which may affect any of the following,rnay only be made by the Employer and Unions: (i) Composition of the Board of Trustees; and {ii) The parameters set out in Schedule "A" to the Funding Policy that are prohibited to be amended by the Board of Trustecs under the Funding PoIicy (subjcct to amendmcnts required to comply with a law or regulation as set out in the Funding Policy). 213 The Employcr and the Unions hope and cxpect to continue the CSJ Shared Risk Plan indefinitely. However, if unforeseen circumstances beyond the control of the Ernployer and the Unions result in the discontinuance of the CSJ Sharcd Risk Plan, the assets of the Fund shall be used to provide benefits for Membcrs, Pre-Conversion Retirees, othcr Claimants and their Beneficiaries in accordance with the relevant provisions of the CSJ Shared Risk Plan and the Pension Benefits Act. 21.4 In the cvcnt of the termination of the CSJ Shared Risk Plan, all Members shall bc deemed to be vested in their accrued benefits for aIl puzposes, whether or not such Members have attained the Vesting Date. 21.5 Upon discontinuance of the CSJ Shared Risk Plan, in wholc ar in part, any assets of the Fund shall first be used to discharge all liabilities under the CSJ Shared Risk Plan for the accrued Basc Benefits of the affected Mcmbers, Pre-Conversion Retirees and other Claimants in accordance with the Pension Benefits Act and the Funding Policy. If upon discontinuance of the CSJ Share� Risk Plan �he assets of the Fund are insufficient to discharge all liabilitics under the plan for the accrued Base Bcnefits of the affectcd Members, Pre-Conversion Retirees and other Claimants, such Base Benefits shall be reduced in accordance with the Pension Benefits Act and the Funding Policy. If there are additional assets, these may be used to provide Ancillary Senefits in accordance with the Funding Policy. If thcre are surplus assets remaining after the discharge of liabilities for the accrucd Base Benefits and any Ancillary Benefits, such assets shall 6e dish-ibuted to the Mernbers, Pre-Conversion Retirees and other Claimants, in accordancc with Funding Policy and the Pension Benefits Act. 187 - 39 - Article XXII CONVERSIQl�T DETAILS 22.1 The CSJ Shared Risk Plan will be effectivc from and after the Conversion Date. All conversion benefit calculations will be rnade as of thaE date without regard to any admtnistrative changes required to effect the conversion. 22.2 Benefits accrued under the CS1 Plan shall bc converted effective the Conversion Date in accordance with the provisions hereof and the Pension Benefits Act. 22.3 Effective as of the Conversion Date, no person who has any entitlement under the terms of the CSJ Shared Risk Plan shall havc any entitlement or claim under or with respect to the CSJ Plan. 22.4 The CSJ Shared Risk Plan is subject to the Pension Benefits Act and the Income Tax Act. 22.5 Other than as required to convert the CSJ Plan to the CSJ Shared Risk Plan or pursuant to the Pension Benefits Act, the convcrsion of the CSJ Plan to the CSJ Shared Risk Plan does not affect the terms and conditions of employment established through the collcctive bargaining process negotiated from tim.e to time between the Unions and thc Ernployer. 188 - 40 - Articic XXIII PURCHASES OF SERVICE AND RECIPROCAL AGREE111ENTS 23.1 Prior to the Canversion Date, Members of the CSJ Plan could purchasc service{including past service, refunded scrvice, sez-vice in respect of periods of iea�°es of absence or othcr leaves) undcr the terms of the CSJ Plan. On and after the Conversion Date, purchases of service (including purchases of past service, refunded service and service in respect of leaves of absence or other leaves}havc been suspended. 23.2 Thc Board of Trustees shall have the power to determine rules regarding purchases Qf servicc under the CSJ Shared Risk Plan, which rules must be based on thc principles underlying the CSJ Shared Risk Plan. Initial rules regarding purchases of service must be adopted by the Board of Trustces by no iater than one ycar from the Conversion Date. 23.3 The Board of Trustees may, in its discretion, from time to time, enter into reciprocal a�eeinents with the s�onsors of other pension plans. Such agreemcnts may provide for the transfer of funds in respect of a Member who transfers from one pension plan to thc other and may also provide for the transfer of some or all, of the Member's Pensionable Service. 189 - 41 - Article XXIV ADDITIONAL VOLUNTARY CONTRISUTIONS 24.1 Members may make Additional Voluntary Contributions to the Fund, subject to the limitations prescribcd by the Inco�ne TaY Act, pursuant to such guidelines and policies as the Board of Trustees may establish from timc to time. 24.2 Upon the written rcqucst of a Member, Pre-Convcrsion Deferred Vcsted Member or Pre- Conversion Rctiree the Board of Trustees shall accept a Luxnp Sum Voluntary Transfer to thc Fund from another pension plan or fund or any other transfer otherwise permitted in accordance with the Income Tax Act, pursuant to such guidelir�es and policies as the Board of Tzustees may establish frorn time to tiine. 24.3 The Board of Trustees shall not acccpt Additional Voluntary Contributions or Lump Sum Voluntary Transfers if the contribution or transfer does not meet the requirements of the Pension Benefits Act and the Income Tax Act, as applicable. 24.4 Tt�e Employer shall not contribute to the Fund any amount in respect of a Mernber's Additional Voluntary Contributions. 24.5 All Additional Voluntary Contributions deposited to the Fund shall be held to the credit of the Member, Pre-Con��crsion Deferred Vested Mcmber or Pre-Convcrsion Retiree and credited with such rate of return of the Fund (net of the administrative expenses paid by the Fund), whether positive or negative for the Plan Year. 24.6 Additional Voluntary Contributions that have been deposited to the Fund in accordance with Sections 24.1 and 24.2 and credited with the rate of return in Section 24.5 may be, {i) Withdrawn by a Membcr, Pre-Convex�sion Deferred Vested Membcr or Pre- Conversion Retiree; (ii) Refunded to a Member, Pre-Conversion Deferrcd Vested Member or Pre- Conversion Rctircc; or (iii) Transferred to a registered pension plan {including, for greater certainty, payments and purchases under this CSJ Shared Risk Plan), a retirement savings arrangement or a provider of an annuity, as permitted or required under thc Pension Benefits Act and in accordance with the Income Tax Act, as applicable, and subject to any applicable locking-in legislation. 24.7 All Additional Voluntary Contributions that have becn deposited to the Fund in accordance with Sections 24.1 and 24.2 and credited with the rate of return in Section 24.5 shall be withdrawn, refitnded or transferred from the Fund in accordance with Secnon 24.6 from the earlier date on which a Member, Pre-Conversion Deferrcd Vested Member or Pre-Conversion Retiree, as the case may be: 190 - 42 - (i) receives a lump sum arnount under Section 19.2, a refund of contributions under Section 7.1 or a lump sum payment under Section 19.1 or 19.3; (ii) elects to transfer his on c�r entitlement under Section 7.3; or (iii) The end of the year in which the Member, Pre-Conversion Deferred Vcsied member of 1're-Conversion Retiree attains age 71 or at such other time as prescribed under the Income Tax Act. 24.8 On the death of a Member, Pre-Conversion Deferred Vested Member or Prc-Conversion Retiree before all Additional Voluntary Contributions that have been deposited to the Fund ha��e been withdrawn, refunded or transferred, the balance of Additionai VoJuntary Contributions shall be refundeci to, (i) The surviving Spousc, if any; or (ii) If there is no surviving Spouse, the Ber�eficiary; or (iii} If there is no surviving Spouse or Beneficiary, the Member's estate, the Pre- Conversion Deferred Vested Member's estate or the Pre-Conversion Retiree's estatc, as the case may be. 24.9 Any Addi�ional Voluntary Contributions received by the CSJ Sharcd Risk Plan are subjcct to any applicable locking-in Iegislation. 191 -43 - Atticle XXV MISCELLANE�US 25.1 Except as specificd in Section 19.5, money payable under the CSJ Shared Risk Plan is subject to the following restrictions: (i) Any transactions that purports to assign, charge, anticipatc, surrender, or give as security any right to a person under thc CS7 Shared Risk Plan or moncy payable nnder the plan shall not be enforceablc against the CSJ Shared Risk Plan; and (ii) Money payablc under the CS7 Shared Risk Plan is exempt from execution, seizure or attachrnent. 25.2 If the Board of Trustccs receives notice that any person entitled to receive benefits undcr the CSJ Shared Risk Plan is physically or mentally incapable of�nanaging his or her affairs, the Board of Trustees may instruct the person responsible for the payment of benefits to pay the benefits for such Member to the legally appointed representative or power of attorney of the intended recipient and such payment shall act as a full discharge thereof to the Board of Trustees and the CS7 Shared Risk Plan. 25.3 If any provision of the CSJ Shared Risk Plan is held to be invalid or unenforceable by a court of competent jurisdiction, its invalidity or unenforceability shall not affect any othcr provision of the CSJ Shared Risk Plan and the plan shall be construed and enforccd as if such provision had not been includcd therein. 25.4 Any determination nnade by the Board of Trustees with regard to any question of construction or interpretation arising under or in corulection with the CSJ Shared Risk Plan, Declaration of Trust and Fun.ding Policy shal� be binding and conciusive on all persons affectcd thereby. 25.5 Participation in thc CSJ Shared Risk Plan shall not enlarge nor diminish nor establish any rights to employment with the Employer or applicable Union which the Membcr did or did not fo�xnerly possess as an Ernployee of the Employer or applicable Union. 25.6 For greater certainty, to the extent that the CSJ Plan was providing a pension to certain individuals under tbe terms of An Act Respecting The Saint John Firefightes°s' Association as at thc Con�•ersion Date, the CSJ Shared Risk Plan and Fund shall continuc to provide such pension to such individuals, with the necessary rnodifications to post- retirement indexing upon conversion to the CSJ Shared Risk Plan. Where a pension is awarded under Arr Act Respecting The Saint John Fzrefighteis' Association after the Conversion Date, the CSJ Shared Risk Plan shall commence to pay to the retiring Membcr his or her accrued pension with applicable reductions found under Articic XIII, if� any. Such pension can start prior to lhe Member's earliest Early- Ketirement Date found under Article XIII, but with the applicable early rctirement reductions extended to such earlicr date. 25.7 Thc CSJ Shared Risk Plan shall be governed and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada applicable therein. 192 - 44 - 25.8 Any benefits payable hereunder shall be subject to any tax withholdings required by applicable law. 25.9 All benefits payable under the CSJ Shared Risk Plan shall be paid in the lawfu] currency of Canada. IN WITNESS WHEREQF, each of the signatorics hereto has caused this Shared Risk Plan to be signed by its respective duly authorizcd officers or representatives this day of , 20l 3. THE CITY OF SAINT JOHN Per: Name: Title: WITNESS: SAINT JOHN FIRE FIGHTERS ASSOCIATION, INTERNATIQNAL ASSOC�ATiON OF FIRE FIGHTERS, LOCAL 771 Narne: Per: Naxne: Paul Stackktouse Title: President WITNESS: SAINT JOHN POLICE ASSOCIATION Per: Name: Name: Jamie Hachey Title: President 193 -45 - WITNESS: CUPE LOCAY, 18, SAINT JOHN CITY OUTSIDE WORKERS Per: Na�ne: Name: Michael Meahan Title: President WTTNESS: CUPE,LOCAL 48b Per: Name: Name: Pa�l Johnson Title: President 194 APPENDIX A COLA GRANTED UNDER ARTICLE VI 195 APPENDIX B CONTRIBUTIQN RATE ADJUSTMENTS 196 APPENDIX C BENEFIT CHANGES �16162638 197 Document comparison by Workshare Professional on Monday, June 24, 2013 8:04:33 AM Input: Document 1 ID Powerpocs://GOODMANS/fi162638/21 Description GOODMANS-#6162638-v21- City_ot Saint John Shared Risk Plan tex Document 2 ID Powerpocs://GOODMANS/6162638/22 Description GOODMANS-#6162638-v22- City_of Saint John Shared Risk Plan tex Rendering set Goodmans STANDARD - STRIKEOUT Colour Legend: Insertian �a� �e�e� Maved ta Style change Format change a�� Inserted cell Deleted cell Moved cell SpIit/Merged cell Padding cell Statistics: Count Insertions 0 Deletions 1 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 1 198 � 7� 1 �� THE CITY OF 5AINT JOHN SHARED RISK PLAN As of January 1, 2013 199 TABL� OF C�NTENTS Article I BACKGROUND AND PURPOSE OF THE PLAN........................................................1 Article II DEFINITIONS.................................................................................................................2 Article III ELIGIBILITY AND PARTiCIl'AT10N........................................................................8 �lrticic IV FUNDING....................................................................................................................10 ArticleV BASE BENEFITS..........................................................................................................12 ArticleVI COLA...........................................................................................................................14 Article VII BENEFITS ON TERMINATION OF EMPLOYMENT............................................15 Article VIII DEATH BENEFITS ..................................................................................................17 ArticleIX DISABILiTY................................................................................................................20 Article X DESIGNATION OF A BENEFICIARY.......................................................................22 Artic�e XI NOR.MAL RETIREMENT...........................................................................................23 Artic]e XTJ FORMS OF PENSION BENEFITS............................................................................24 Article XIII EARLY RETIREMENT...........................................................................................26 Article XIV POSTPONED RETIREMENT..................................................................................28 Article XV ADMINISTRATION..................................................................................................29 Article XVI DISCLOSURE...........................................................................................................31 Article XVII INVESTMENT POLICY AND RISK MANAGEMENT FRAMEW4RK............33 Article XVIII FUNDING P�LICY...............................................................................................34 Article XIX ASSIGNMENT AND COMMLJTATION OF BENEFITS.......................................35 Article XX MAXIMUM PENSION..............................................................................................37 Article XXI AMENDMENT OR DISCONTINUANCE OF THE PLAN....................................3$ Article XXII CONVERSION DETAILS.......................................................................................39 Articic XXIII PURCHASES OF SERVICE AND R�CIPROCAL AGREEMENTS ..................40 Article XXiV ADDITIONAL VOLUNTARY CONTRIBUTIONS ............................................41 Article XXV MISCELLANEOUS ................................................................................................43 Appendix A—COLA GRANTED UNDER ARTICLE VI Appendix B —CONTRIBUTION RATE ADJUSTMENTS Appendix C—BENEFIT CHANGES 200 ARTICLE I BACKGROUND AND PURPOSE OF THE PLAN 1.1 This CSJ Shared Risk Plan is pursuant to an ageement bctween the City of Saint John and the Saint John Fire Fighters Association, International Association of Fire Fighters, Local 771 and the Saint John Police Association and CUPE, Local 18, Saint John City Outside Workers and CUPE, Loca1486. 1.2 The Unions and the Employer entered into a Mcmorandum of Understanding, datcd December 21, 2412 (thc "Menraorandum of Understanding"), pursuant to which they agreed to convcri the CSJ Plan to a Shared Risk Plan effective January 1, 2013 in accordance with the Memorandum of Understanding and the Pension Benefits Act. 1.3 The City of Saint John Pension Act was repealed by the Repealing Act, which provided that the CSJ Plan established by the City of Saint John Pension Act continued in force until it was amended,replaced or wound up in accordance with the Pension Benefits Act. 1.4 Arnendrnents were made to the Pcnsion Benefits Act, effective December 31, 2012, to give the Common Couneil of the City of Saint John thc power to amend the CSJ Plan for the purposes of canverting the CSJ Plan to a Shared Risk Plan in accordance with the agreed terms nndcr the Memorandum of Understanding. 1.5 Effecti�-e January 1, 2013, the CSJ Shared Risk Plan converts and replaces the CSJ Plan. 1.6 From and after the Conversion Date, the plan shall be a Shared Risk Plan and shall comply with and be subject to the Pension Benefits Act. 1.7 The primary purpose of the CSJ Shared Risk P]an is to provide pensions to eligible Employees after�etirement and until death in respect of their service as Employees, The purpose of the CS7 Shared Risk Plan is to provide securc benefits to mernbers of the plan without an absolute guarantee but with a risk focused management approach delivering a high dcgrcc of certainty that Base Benefits can be met in the vast majority of potentia] fuYure economic scenarios. As a Shared Risk Plan, all future cost of living adjustments for current and future retirees and other Ancillary Benefits under the CSJ Shared Risk Plan shall be providcd only to the extent that funds are available for such benefits, as detcrmined by the Board of Trustees in accordance with applicable laws and the plan's Funding Policy. 201 - 2 - ARTICLE II DEFINITIOIVS 2.1 "Accumulated Interest" means interest on a Member's contributions creditcd no less frequcntly than annually and determincd as follows: (i) With respect to the period up to thc Conversion Date, shall be "credited interest" as dctcrmineci and defined undcr the CSJ Plan; and (ii) As of the Conversion Date, shall bc the actual rate of return of the Fund (net of thc administrative expenses paid by the Fund), whether positive or ncgative for the Plan Year. Interest shall be calculated on a Mcmber's contributions made during a Plan Year by applying 50% of the applicable annual raie of return to the total contributions made by or on behalf of a Member during the Plan Year, pro- rated, if applicable, for the period of rnembership during the P].an Year. interest that is to be credited on a date other than December 31 shall be calculated using the annuai rate of interest established on the December 31 immediatcly preceding the date in question. 2.2 "Actuarial Equivalent" means having an equal value whcn computed on the actuarial basis as approved by the Board of Trustees and which is in effect at the time such computation is made and which is acceptable under the Pension Bcnef�ts Act and Incorne Tax Act. 2.3 "Actuaries" mcans Fellows of the Canadian Institute of Actuaries appointed by the Board of Trustees for the purposes of the CSJ Shared Risk Plan. 2.4 "Additional Voluntary Contributions" rneans voluntary conh-ibutions to thc Fund by a Member in accordance with Section 24.1, which are in addition to any contributions payable by a Member as rcquired under Article IV and any Lurnp Sum Voluntary Transfers. 2.5 "Administrator" means the Board of Trustees, the administrator for this CSJ Shared Risk Plan. 2.6 "AnciIlary Benefit" has the same mcaning as set out in the Pension Benefits Act and, for greater cez-tainty, includes futurc COLA. 2.7 `Base �encfits" means the amount of pension paid or payable to a Mcmber at any given time (including all vcstcd base benefits as at thc relevant date and all vested ancillary benefits as at the rele��ant date) as described under Article V. 2.8 "Seneficiary" means that person ar persons last designated by ti�e Member in accordance with Section 10.1. 2.9 "Board of Trustees" or "Trustees" means the board of trustees of the CSJ Shared Risk Plan and the individual members appointed pursuant to Section 15.3 and the Declaration of Trust, which is the administrator of the CSJ Shared Risk Plan and shall have those 202 - 3 - duties, powers and responsibilities as outlined in thc CSJ Shaxed Risk Plari, the �unding Policy, th.e Declaration of Trust and the Pension Benefits Act. 2.10 "child"or"children" shall include a natural child, stcp-child or adopted chiJd. 2.11 "City of Saint John Pension Act" means the City of Saint John Pcnsion Act, ch. 112, Acts of New Brunswick 1994, as amended, which was repealed as a statute by the Repealing Act. 2.12 "CSJ Plan" means the Ciiy of Saint John Pension Plan, rcgistration #Q269209, established under The City of Saint John Pension Act, as it was immediately prior to the Conversion Date. 2.l 3 "CSJ Shared Risk Plan" means this "City of Saint John Shared Risk Plan" established for the Empioyees of thc Ernpioyer, as amendcd from time to tirne, which converts and replaces the CSJ Plan as at the Conversion Date under the Pensian Benefits Act. 2.14 "Claimant" means thc Spouse, Dependent or estate of the Member, or the Mcmber's Beneficiary, as the case may be, and, for geater certainty, includes Other Pre-Conversion CSJ Claimants where the context requires. 2.15 "COLA"means cost of living adjustmcnts. 2.16 "Collective Agreements" means thc foilowing collective agreements covering employees represented by the bargaining units of the Unions: Collcctive Agreement between ihe City of Saint John,N.B, and the Saint John Fire Fighters' Association, Local Union No. 771; Working Agreennent betwecn the City of Saint John, N.B. and the Canadian Union of Public Employees, Saint John City Hall Employees' Local Union No. 486, C.L.C.; Working A�reement bctween The Board of Police Commissioners for the City of Saint John and The Canadian Union of Public Ernployees, Saint John City Hall Employees' Local Union No. 486, C.L.C.; Working Agreement between The Saint John Board of Policc Cornmissioners and thc Saint Jol�n Police Association; and Working Agreement between The City of Saint John, N.B. and The Canadian Unian of Public Employees, Local#18 (Outsidc Workers). 2.17 "Contribution Holidays" mcans the full ar partial reduction of the contributions normally paid by Employccs and the Employer into t�e CSJ Shared Risk Plan where such reductions are required under the Incomc Tax Act. 2.18 "Conversion Date" means January 1, 2013. 2.19 "Common Conneil"means the Common Council of the Employer. 2.20 "CUPE 18"means CUPE, Local 18, Saint John City Outside Workers. 2.21 "CUPE 486"mea�ns CLTPE, Local 486. 2.22 "Declaration of Trust" means thc dcclaraiion of hust entered into by the Board of Trustees, dated as of February 1, 2013, as amended frorn time to time. 203 - 4 - 2.23 "Early Retirement Date"has thc meaning provided in Section 13.1 2.24 "Earnings" rneans ihe regular salary or wagcs oi�ihe Member payable by ihe Employer, which, for greater certainty includes long service pay, shift difi'erential, bonuses that replace wage inereases, statutory holiday pay, court time and on--call earnings, bui excludes any over-time and sirnilar wages, bonuses (other than those that rcplace wage increases), commissions, taxable benefits,pay in lieu of vacation, retirement allowance or retirement pay, gratuities or honoraria. It shall also include deemed earnin�;s calcuIated in accordance with Article IX, when applicable, and subject to limits under the Income Tax Act. 2.25 "Employees"rneans a person employed by thc Employer. 2.26 "Employer"means ihe City of Saint John,New Brunswick. 2.27 "Full-time Employment" means employment requiring continuous scrvice in any permancnt position where the Employee is rec�uircd to work at least 32 %2 hours per week, but excludes Employees who are engaged in seasonal, casual, holiday rellef or part-time employm.ent as determined by the City. 2.28 "Fund" rneans the assets held in trust under the lerms of the CSJ Shared Risk Plan to proyide for the payment of bcnefits as describec� in the plan to Members and their beneficiaries. 2.29 "Funding Policy" means thc funding policy for the CSJ Shared Risk Plan, as amended from time to time, in accordance with the Funding Policy, Article XVIll and the Pension Benef ts Act. 2.30 "IAFF" means Saint John Fire Fighters Association, International Association of Fire Figbters, Loca1771. 2.31 "Income Tax Act" means the Income Tax Act, R.S.C. 1985 c.1 (Sth supplement), as amended from time to time, together with any relevant regulations and administrative rules made thcreunder from time to time. 2.32 "Investment Policy" means the investment policy, as amended from time to iime, established by the Board of Trustees for the CSJ Shareci Risk Plan in aeec�rdance with Article XVII and the Pension Bencfits Act. 2.33 "Lump Sum Voluntary Transfer" means any amounts transferred to the Fund in accordance with Scction 242 to be held as Additional Voluntary C�ntributions. 2.34 "Member" means an individual who has joined the CSJ Shared Risk Plan in accordance with Article III and who remains contingently or absolutely entitled to a benefit entitlement under the CSJ Shared Risk Plan. 2.35 "Memorandum of Understanding" means the Memorandum of Understanding regarding the City of Saint John Pension Plan entered into between the Employer and Yhe Unions on Deccmber 21, 2012. 204 - 5 - 2.36 "Normal Form Pension" means the normal form pension describcd nnder Article XII. 2.37 "Normal Retirement Date" means the Member's sixty-fifth (65th) birthday as described in Article XI. 2.38 "Other Pre-Conversion CSJ Claimant"means eligible claimants in rcceipt of a pension unc�er the CSJ Plan immediately priar to the Convcrsion Date and Pre-Conversion Deferred Vested Members undcr the CSJ Plan immediately prior to the Conversion Date, but excluding Pre-Conversion Retirees. 2.39 "Parameters" means the parameters for the Funding Policy agrccd by the Partics under the Memorandum of Understanding. 2.40 "Party" ar "Parties" means a Union or Unions and/or the Employer, as the context requires. 2.41 "Pensionable Service" means any period of empZoyment in respcct of which the Mernber has made contributions to the CSJ Plan or thc CSJ Shared Risk Plan, as the context requires, including periods duning whicb Mcmber contributions are waived in accordance with Section 9.4 while the Member is in receipt of long term disahility benefits under a graup insurance plan provided by the Employer or is Totally and Pcrmanently Disablcd. When a Member is employed in less than Full-time Employment for any period, the Pensionable Service of that Member for that period shall be adjusted by the ratio of that Member's Larnings over the Earnings the Member would have received had #he Member been employed on a FuII-time Employment basis. 2.42 "Pension Benefits Act" roeans the Pensivn Benefits Act (Ncw Brunswick), ch. P-5.1, as amended from time to time, together with any relevant regulations and administrativc rules made thereunder from time to time. 2.43 "Plan Year" shall mean the calendar year. 2.44 "Postponed Retirement Date"has the meaning provided in Section ]4.2. 2.45 "Pr�Conversion Deferred Vested Member" means a former employee of the Employer who participated in the CSJ Plan and had terminated empioyment prior to retircmcnt and as at the Conversion Date had not elected to transfcr the actuarial equivaleni value of the employee's pension from the CSJ Plan pension iund to another pension fund, a prescribed retirement arrangement or for purchase of a deferred life annuity. 2.4b "Pre-Conversion Retiree" means a person who had been emplo}'ed by the LmpIoyer and retired under the terms of the CSJ Plan prior to the Conversion Date and was recei��ing a pen�ion payable from t1�e CSJ Plan immediately prior to the Conversion Date, but does not include any person who vvas in receipt of a disability pension under section 15 of the CS] Plan and under the age of 65 as of the Conversion Date. 2.47 "Public Safeiy Qecupation" means a "public safety occupaiion" as dcfined under the Incozne Tax Act. 205 - 6 - 2.48 "Registered Ynvestment Vehicle" means a Rcgistered Retiremcnt Savings Plan, or other vehicle permittcd under the Income Tax Act, as designated b}- a Member's Spouse pursuani to Scction 83. 2.49 "Repealing Act" means An Act to RepeaI the City of Saint John Pension Act, ch. 41, Acts of Ncw Brunswick 2012. 2.50 "Risk 1Vlanagement Framework" means thc risk rnanagement framer��ork, as amcnded from tirne to tirne, estabIished by the Board of Trustees in accordance with Article XVIT and the Pension Benefits Act. 2.51 "Shared Risk Plan" means a shared risk plan as defined and described in thc Pension Benefits Act. 2.52 "SJPA"mcans Saint 7ohn Police Association. 2.53 "S�10USe" means (i} a "COI'T1IT1011 IaW �7c1Tt11eI'", W111CI1 1S A peTS011 W�10 1S llOt OI' W1S IlOt marricd to the Member, but is or was cohabiting in a conjugal relationship with the Member for a continuous period of at least two years immediately bcfore the date in question; or (ii) a "spouse", which is a person who is married to thc Member, providea that if the marriage is voidable, it has not been voidcd by a declaration of nullity, or if thc marriage is void, it was gane through by each person �n good faith and the persons have cohabited within the preceding year before the date in question. Providing he or she is otherv��ise eligible, a "spouse" (undcr (ii) of ihis provision) of a Member shall be entitled to a right or benefit claim undcr this CSJ Shared Risk Plan over the cornpeting claim of a "common law partner" (under (i) of this proviaion) of the Member, unless such clairn is barrcd by a valid domest�c contract betwccn the Member and the "spouse" (undcr (ii) of this provision} or a decree, order or judgment of a competent tribunal. 2.54 "Temporary Contiributions" means the temporary contributions (as described in the Pension Benefits Act) that the Employer is required to makc puxsuant to Section 4.5. 2.55 "Termination Value"has the meaning assigned to it undcr the Pension Benefis Act. 2.56 "Totally and Permanently llisabled" means in relation to a Membcr, s�cffering from a physical or mental impairment that prevents the Member from engaging in any cmploymcnt for which the Member is reasonably suited by virlue of the Mcmber's education, trai.ning ox experience and can be reasonably expected to last for the remainder of the Member's Iifetime. 2.57 "Unions" or "Union" means IAFF, SJPA, CiJPi� 18 and/or CUPE 48b.. as ihe conte� reyuires. 2.58 "Vesting Date" means the date of completion of the earlier of�ve years of continuous ernployment with the Employer or two ycars of inembership in the CSJ Shared Risk Plan, incl.uding, for �reater certainty, mernbership in the CSJ Plan. Any Mcmber v��o was vested under the CSJ PIan as of the Conversion Date shafl be vested under this CSJ Sharcd Risk Plan. 206 - � - 2.59 "YMPE" shall ha��e the meaning assigned by section 18 of the Canada Pension Plan, R.S, 1985, c. C-8. 207 - S - ARTICLE III ELIGIBILITY AND PARTICIPATION 3_l Each Employee who is a member of the CSJ Plan as of the Conversion Date is cligible and shall automatically bc a Member of the CSJ Shared Risk Plan. 3.2 Each Pre-Conversion Retiree and Other Pre-Conversion CSJ Claimant as of the Conversion Date shall bc cligible for benefits under the CSJ Shared Risk Plan in accordance with Section 5.2. 3.3 Each Employee who commences Full-time Employtnent with the Employer on or after the Conversion Datc shall be required to join the CSJ Shared Risk Plan on the Employee's first date of ernployment. 3.4 Each Employee who is employed in less than Full-time Empioyment may became a Member upon completing 24 months of lcss than Fuli-time Employment if that Employee has carned not less than 35 per cent of the YNII'E in each of the two consecutzve calendar years immediately before becoming a Member. Effective January 1, 2014, such Employee must become a Mcmber when the Employee first meets the requiremcnts of this Section 3.4 on Januaty 1, 2014 or any January lst thereafter. 3.5 When an Employee bccomcs a Meinber of the CSJ Shared Risk Plan, such Ernployee may not terminatc rnembership except in accordance with the Pension Benefits Act. 3.6 Subject to Section 3.7, an Employee who has benefit entitlements under the CSJ Shared Risk Plan for a priar period of employment will be treatcd as a ncw Employee for purposes of e]igibility and participation in the CSJ Shared Risk Plan. 3.7 Where a Pre-Conversion Retirec or a Member who is receiving a pension subsequently becomes an Employee reyuired to join the CSJ Shared Risk Plan in accordancc with Section 3.3 or 3.4: (i) The re-hired Employee shall become an ac#ive Member of the CSJ Shared Risk Plan on the date the Member is required to join; {ii) Payment of the pension to the Pre-Con�-ersion Retiree or Mcrnber shall be suspended; (iii) The Member shall start to cantribute to the CSJ Shared Risk Plan and accrue further Pensionablc Scrvice; (iv} Upon subseyuent tcrmination of employm�nt tk�e Member's pension that was payablc just before the Member re joined #he CSJ Shared Risk Plan shal] start again at the same level and under the same form previously elected by the Member (but including any C�LA provided under Article VI during the Member's rc-cmployment period); and 208 - 9 - (v) Upon subsequent �ermination of employment, the pension accrued during the period of re-employment sha11 be treated 'zn accordance with the rules applicable to regular Members. 209 - 10 - ARTICLE IV FUNDING 4.1 Thc Employer, on its own behalf and on behalf of the Employees who are Mcmhers of the CSJ Shared Risk Plan, will rcmit monthly contributions to the Fund as is required by the Board of Trustees from time to time, and within thc time limits prescribed under the Pension Benefits Act. 4.2 Tnitially, subject to the Income Tax Act, the contributions required from Employees who are Members of the CSJ Shared Risk Plan shall be: {i) 9°/a of Earnings (except for IAFF and SJPA Employees who arc Members of the CSJ Shared Risk Plan and employed in a Public Safety Occupation); and (ii} 12% of Earnings for IAFF and SJPA Employees who are Members of the CSJ Shared Risk Plan and crnployed in a Public Safety Occupation, and thereafter contribution rates of Employees who are Mcmbers of thc CSJ Shared Risk Plan shall be adjustcd as may be required from time to tirr�e by the Board of Trustecs subject to thc triggering rnechanism and limitations imposed by the Funding Policy, and as documented in Appendix B. 43 Initially,the contributions required from thc Employer shall be: (i) 11.4% of Earnings on behalf of all Employees who are Members of the CSJ Shared Risk Plan (other than IAFF and SJPA Employees who are cmployed in a Public Safety Occupation); and (ii) 15.2% of Earnings on behalf of IAFF and SJPA Employees who are Mernbers of the CSJ Shared Risk Plan and employed in a Public Safety Occupation, and thereafter contribution rates of the Emplayer shall be adjustcd as may be required from timc to time by the Board of Trustees subject to the firiggering mechanism and limitations imposed by the Funding Policy, and as documented in Appendix B. 4.4 IAFF and SJPA Employees who were employed in a Public Safety Occupation before accepting non-unionized positions with the Employer may elect to make the Employee contributions in the ainount set out in Section 4.2(ii). For greater certainty, Employees in a Public Safety Occupation who were previously me�nbers of a preciecessor association to IAFF or SJPA before accepting non-unionized positions with the Employcr, are eligible to make the election. Where such EmpJoyees make such an election, the Employer shaIl contribute the amount set out in Section 4.3(ii} on behalf of such Employees. The election by the Employee is irrevocable and rr;ust be made within eight (S) months of the Con.version Date, or the date of appointment to a non-union position, if later, and si�all be retroactive to that date. Such election shall be madc by filing written notice with the Board of Trustees, witli a copy to the Employer, in such form as is acceptable to the Board of Trustees. 210 - ll - 4.5 Cozn�nencing April 1, 2013, the Employer shall also be required ta make Temporary Contributions of 17% of Earnings of all Employees who axe Members of the CSJ Shared Itisk Plan that will cease on March 31, 2028 or when the CS1 Shared Risk Plan achieves an open group funded ratio, as defined in the Pension Benefits Act, of 150%, if earlier, provided that such Teinporary Contributions shall not ccase before March 31, 2023, subject to the Income Tax Act. If the Income Tax Act reyuires thc cessation of the Temporary Contributions prior to March 31, 2023, once such contributions are again perm.issibie under the Incorne Tax Act, they shall rc-commence untii an equivalent of 10 years of such Tcrnporary Contributions bave been made in total. 4.6 The Employer, in its sole discretion, shall bc allowed to contribute Temporary Contributions in advance, subject to the Income Tax Act. Such advanced Temporary Contributions shall be credited with the net Fund rate of return, and shall be used to satisfy the Employer requirement to make future Temporary Contributions when they becorne due, subject to the Pension Benefits Act and the Income Tax Act. 4.7 Contribution Holidays will onIy be permitted if required undcr the Income Tax Act, will apply to both Employees and the Employer equally and will only bc applied in the manner allowed under the Funding Policy; provided that if the Contribution Holidays result in the Employee contributions in a givcn year being rcduced to nil, if further Contribution Holidays in the year are required to comply with the Income Tax Act, the Employer may take fiirther Contribution Holidays. 4.8 Subjcct to the Funding Policy, all reasonable fees and expenses relatcd to the administration of the CSJ Shared Risk Plan and the administration and investmerit of the Fund may be paid from the Fund, including fees and expenses of thc Board of Trustecs and their agents. 211 - 12 - ARTICLE V BASE BENEFITS 5.1 The Base Benefits described in this Article V arc the intended benefits under this CSJ Shared Risk Plan. Notwithstanding any othcr provision of this CSJ Shared Risk Plan, the Funding Policy will allow or require the Board of Trustees to rnake changes to the Base Benefits and Ancillary Benefits. Such changes znay be positi�-e or negative and will affect all cldsses of Members, Clairnants, Pre-Conversion Retirees and Other Pre- Conversion CSJ Claimants under the CSJ Shared Risk Plan. Any changes to benefts made pursuant to the Funding Palicy shall be pararnount for thc time period reyuircd under the Funding Policy and may affect the bcncfits specified in this CSJ Shared Risk P1an. Any such changes shall be doeumentcd in Appendix C frorn time to time. 5.2 For Pre-Conversion Rctirees and Other Pre-Con�•crsion CSJ Clairnants, the Base Bcnefit shall be the amount of pension paid or payable as at the Con��ersion Date, as dctermined undcr the CSJ Plan (without reference to future COLA adjustments}, plus all C�LA adjustrnents as may be granted by the Board of Trustees from tzme to time in accordance with Article VI and the Funding Policy, as documented in Appendix A, but shail not include potential futurc COLA adjustments. 5.3 A Member's Base Benefit shall be determined as follov�•s: (i) With respect to any Pcnsionable Service of thc Member under the CSJ Plan prior the Conversion Date, the amount determined pursnant to Section 5.4; plus (ii) With respect to the Member's Pensionablc Service on or afier the Convcrsion Datc, the arnount determined pursuant to Section 5.5; plus (iii) All COLA adjustments as may be granted by the Board of Trustees frorn time to time, in accordance with Article VI and the Funding Policy, as documented in Appendix A, but shall not inclnde fuhue COLA adjustrnents. 5.4 Base Benefits of Members prior to the Conversion Date shall be equal to the number of years (and fractions therco� of the Member's Pensionable Service prior to January 1, 2013 mnitiplied by 2% of the best 3 consccutive year average sal.ary, as defincd in the CSJ Plan at the Conversion Date (provided that only salary prior to tbe Conversion Date is included in the calculation of the best 3 consecutive ycar average salary}, subject to the maximum amount detcrmined under subsection 27(l) of the CSJ Plan as at the Convcrsion Date. 5.5 Base Bcncfits on or after the Conversion Date shall accrue where a Mcmber has Pensionable Service each year on or after January 1, 2013 on the following basis: (i) l.8% of the Member's Earnings for the year; pro��ided that the maximum Earnings for thc purposes of this calculation is $120,000 in 2Q12 {such maximurn Earnings shall be indexed every year after 2012 to the rate used to index the YMPE). 212 - 13 - 5.6 For greater certainty, any automatic increases in accrued pensions, deferred pensions, and pcnsion bcnefits, either by formula or contingent on saiary increases, under the CSJ Plan will no longer apply under thc CSJ Shared Risk Plan as of thc Conversion Date, as allowed under Section 100.52 of the Pension Benefits Act. Instead, futare COLA adjustments may bc grantcd by the Board of Trustees from tirne to time in accordance with Article VI and ihe Funding Policy, as documented in Appendix A. 213 - 14 - ARTICLE VI COLA 6.1 COLA is an AnciJlary Benefit and shall be provided annually on a conditional hasis. For �;reater certainty, COLA may be ni1 in a given year or years, as determined by the Board of Trustees in accordance with the Funding Policy. 6.2 Each year COLA shall be added to the Base Bencfits in res�ect of pa.5t periods for Me�nbers, Claimants, Prc-Conversion Retirees and Other Pre-Convcrsion CSJ Claimants, only if sufficient funds are availabie in tI�e CSJ Shared Risk Plan to provide such COLA as determined by the Board of Trustees in accordance with the Funding Policy. The Board of Trustees shali deteimine thc amoant of C�LA to be granted in any given year in accordance with the Funding Policy. 6.3 COLA granted in any given year by the Board of Trustecs in accordance with the Funding Policy shall be limited to that pennitted under the Income Tax Act. 6.4 Oncc COLA is granted to a Mernbcr, a Claimant, a Pre-Convcrsion Retirec or Other Pre- Conversion CSJ Claimant in accordance with this Article VI and thc Funding Policy, it will become part of the Base Benefits for such Member, Clairnant, Pre-Conversion Retiree or Other Prc-Conversion CSJ Claimant, as the case may be. 6.5 C�LA granted under thc CSJ Shared Risk Plan on and after the Conversion Date shall be documented in Appendix A. 214 - 15 - ARTICLE VII BENEFITS ON TERMINATION OF EMPLOYMENT 7.] In the event of a Member's#ermination of cmploymeni, other than through deaih, prior to the Mernber's Vesting Date, the Mcmbcr shall be entitled to a refund of the total amount of ihe Member's ovan contributions to the CSJ Shared Risk Plan and the CSJ Plan with Accumulated Interest. The Mernber may direct that such refund be paid in any of the following ways, or as otherwise permitted from time to tirnc under the Pcnsion Benefits Act and thc Income Tax Act: {i} Paid as a lump-surn cash refund to the Member; (ii) Transferred to the Member's registered retirement savin.gs plan, if the transfer is permitted under the Income Tax Act; or {iii) Transferred to the Member's registered retirement income fund, if the transfer is permittcd under the Income Tax Act. 7.2 In the event of a Mcmbcr's terminaiion of employment, othcr than through death, after thc Membcr's Vesting Date but before the Member's cligibility for an immediate pension under Article XIII, such Member is entitled to a deferred pension under the terms of this CSJ Sl�ared Risk Plan. In lieu of a dcferred pension, the Member is entitled to transfer the Termination Value under Section 7.3 (subject to Section 192). The Board of Trustees shall provide the Member on termination of employment with the disclosure of information required under the Pension Benefits Act and an election form pursuant to which the Member may elect the transfer of his or her Termination VaIue under Section 7.3. 7.3 A Member who is entitled to transfer the Termination Value may require the Board of Trustees to direct that thc Tcrmination Value be transferred: (i) To another pcnsion plan with the consent of the adrninistrator of that pension plan; (ii) To any other prescribed retirement savings arrangement to which such a transfer is pern�itted under the Pension Bencfits Act; or (iii) To purchase a deferred life annuity for the Member from an insurance company licensed to sell annuities in Canada, with the payments under the annuity to commencc no earlicr than ten years before the Membcr's Normal Rctircmcnt Date or the date of ihe Member's termination of cmployment, if later (but no later than the end of the year in which the member attains 71 years of age}. The Member must provide this dircction to the Board of Trustecs within ninety (90} days after the Member reccives notice of his or her rights under Section 7.2. If no such direction is provided within the ninety (90) day period, the Member will be deerned to have elected to not make such a transfer and Section 7.4 shall apply. 215 - 16 - 7.4 Unless othcrwise clecied by the vested Member undcr Section 7.3, and subjcct to Article XIX, such Mcmber's accrued deferred pension under the CSJ Shared Risk Plan shall remain in the CSJ Shared Risk Plan and thc Member shall be entitled to a deferred pension under the terms of this CSJ Shared Risk Plan until the Member's pension commencement, death, or marriage or common law partnership breakdown (in circumstances where a payment to the Member's Spouse or former Spouse from the CSJ Shared Risk Plan is rec�uircd). 7.5 Upon the transfer of a Termination Value under Section 7.3 or a refiznd under Section 7.1, the Member has no entiticment to any further benefits or cnhanceinents from the CSJ Shared Risk Plan or payment from the Fund and ccascs to be a Membcr of the CSJ Sharcd Risk Plan. 7.6 Any Prc-Conversion Deferred Vested Members shall not be entitled to a transfer in accordance vvith Section 7.3 or any other transfer from the CSJ Shared Risk P1an {subject to Article XIX) and shall remain in the CSJ 5hared Risk Plan, cntitled to a deferred pension under the terms of this CSJ Shared Risk Plan, until the pension commencement, death, or marriage or common Iaw partnership breakdown (in circumstances where a payment to the Prc-Conversion I�eferred Vested Membcr's Spouse or formcr Spouse frorn the CSJ Shared Risk Plan is required) of the Pre-Conversion Deferred Vested Member. 7.7 Any Termination Value payable under this CSJ Shared Risk Plan shall be creciited with interest at the Fund rate of return for the prior Plan Year (net of adrninistrative expenses paid by the I'und) from the date of the Member's termination of emp]oyment, termination of inembership, rctirernent or death, as the case may be, to the date of payrnent or transfer. 216 - 17 - ARTICLE Vill DEATI3 BENEFITS 8.1 Upon thc death of a Member who has not attained the Vesting Datc, the Member's own c;ontributions to the CSJ Shared Risk Plan and the CSJ Plan with Accuxnulated lnterest shall be paid to the Member's sur��i��ing Spouse, or if fhere is no sur��i��ing Spouse, to the Member's Beneficiary. 8.2 Upon the death of a Member who has attained the Vesting Date but has not comrnenced to receive his or her pension, thc death benefit payable with respect to thc Member's Pensionable Service before thc Conversion Date is: (i} If the Member had a surviving Spouse, the surviving Spouse of the Mcrnber is entitled to an annual pension equal to 60 percent of the annual pcnsian accrued with respect to Pcnsionable Service hefore thc Conversion Datc, or, if higher, in the case of the death of a Member whilc employed as a result of accident arising out of or in the course of that Mcmber's employment, an annual pension equal ta 60 percent of such Member's Earnings at the Member's date of death pro-rated for Pensionable Service before the Conversion Date over the Mcrnber's lotal Pensionablc Scrvicc at the date of death. 5uch pension assumed to have been payable to the Mernber had the Membcr been at his on c�r Normal Retirement I3ate ai ihe time of the Membcr's death, with such pension payable for the Spouse's lifetime; or (ii) If the Member did not have a surviving Spouse but had a least one depcndent child, or after the death of a surviving Spouse who was in receipt of a pension undcr paragraph 8.2(i), a dependent child's pcnsion is to be paid to the dependent child of the Member (or if there is rnore than one child to the dependent children in equal shares) equal to the pension that would have been payable to the su.rviving Spouse under paragraph $.2(i), if the Memher had a surviving Spouse, {or on thc death of a surviving Spouse, undcr paragraph 8.2(i), as the case may be), for the period beginning on thc first day of the month following the date of death of the Member (or the first day of the month following the date of death of the surviving Spouse in receipt of a pension under paragraph 8.2(i), as the case may be} and ending on the earlier of(1) thc cnd of the calendar year in which the dependent child attains age 18 (or thc day on which the dcpendent child ceases to be in full-time attendance at an educational institution, but not later than the child's 25�'birthday), or(II) the date of death of the dependent child; or (iii) If the Member did not have a surviving Spouse and did not have at least one dependent child, the Trustees may grant to another dependeni of the Member a pension not exeeeding an amount equal to the amount of the surviving Spouse's pension that could have been paid under paragaph 8.2(i} bad the Spouse sun-ived the Member. In this paragraph 8.2(iii), dependent �neans a parcnt, graaidparent, �rother, sister, or grandchild of the Member who is both dependent on thc Member for support and is: 217 - 18 - (a) Under 19 years of age and will not attain l9 years of age in the calendar year in which the pension to the depcndent becomes payable; (b) 19 years or older but under the age of 25 and is in full-time attendance at an cducational institution; or (c) Dependent on the Member by reason of inental or physical infirmity. Any amouni by which the Mcmbcr's Termiz�ation Value, for the period of Pensionable Service before the Con��ersion Date, as at the date of dcath of such Member, exceeds tbe aggregate of all pension payrnents made under tI�is Section 8.2 (to thc surviving Spouse, the dependent child or children and any other dcpcndents), shall bc paid to the children of such Mcmbcr in equal shares, and if there are no children to the Member's Beneficiary, or if ihere is no Beneficiary, to the estatc of the Member. $.3 Upon thc death of a Member who has attained the Vesting Date but has not commenced to receive his or her pension, the death benefit payable with respect to the Member's Pensionable Service on and after the Conversion Date is thc Termination Value for such Member calcu�ated as at thc Member's date of death. The death bencfit is payable in a lump sum to thc Mcmber's surviving Spouse at the date of death, or if there is no such surviving Spouse, to the Member's Bencficiary. In ihe e�ent thai the death benefit is payable Lo the Member's sur�•iving Spouse, such surviving Spouse may direct that such death benefit be transferred to his or her designated Registcred Investmcnt Vehicle, as permitted under the lncome Tax Act. 8.4 Death benefits payable, if any, afier a MeFnber's pension commencemcnt date shall be in accordance with Article XII and the elections made by the Membcr at the tizne of pension cornrnencement. $.5 Pensions payable to a sur�riving Spouse under Section 8.2 with respect to Pensionable Service before the Conversion Date shall not exceed tbe ratio of Pensionable Service hefore the Conversion llate to Pensionable Ser�-ice to thc Metnber's datc of death, iimes 66 2/3 percent of thc greater of: (i) The lcsscr of (a) Thc annual amount of pension to which the Membcr would have been entitled at Normal Retirement Date had such Member continued in employment to that date with no change in Earnings, or (b) 150 percent of the YMPE in the year of the Member's death, or {ii) The annual amo�nt of accrued pension to which the Member would have been entitled to if such rncmber had been eligible to retire, without reduction for early retirement, immediately prior to the datc of dea#h. 218 - 19 - 8.6 With respect to pre-Conversion Date service, if a Member dies as a result of an accident arising out of or in the course of ihe Member's employment and leavcs a surviving Spouse and a child or children, the dependent child of such Member, or if there is more than one child the dependent children in equal shares, is entitled to an annual pension cqual to the excess if any of the amount calculated under Section S.S where the number 100 is subsiituted for the number 6b 2/3, or of 60% of the Member's Earnings at the Member's date of death pro-rated for Pensionable Service before the Conversion Date o��er ihe Member's total Pensionable Ser�ice at the date of dcath, whichever is the lesser, over the annual pension payable to the surviving Spousc under Section 8.2(i), for the period beginning on thc first day of the month follov�-ing the date of thc Member's death and ending on the earliest of: (i) The end of thc calcndar year in which the depcndent child attains age 18; {ii) The day on which the dependent child ceases to be in fiill-time attendance at an educationaI institution,but not later than the day the child attains age 25; and (iii) The date of death of the dependent child. 219 - 20 - ARTICLE IX DISABILITY 9.1 Disability pensions that were payable under scction 15 of tl�e CSJ Plan to persons who had not reachcd age 65 as of the Conversion Date shall not be paid under the CSJ Sbarcd Risk Plan. 9.2 Each person whose disability pension was ceased as of thc Conversion Date in accordancc with Section 9.1 shall be en�iticd to start to receivc a pension from the CSJ Sharcd Risk Plan from the first day of the month coincident witli or next following his or her 65« birihday (including any- survivor pension pa}-able after the person's death after age 65 in accordance with thc terms of the CSJ Pian as it existed at thc Conversion Date and any election madc by the individual at the �imc the disability pension started to be paid from the CSJ Plan). The amount of thc annual pension for pre-Conversion Date scrvicc shall be calculaled using the Mcmber's Pensionable Scrvice under the CSJ Plan before the individual became Totally and Permanently Disabled, plus additional deemed Pensionable Service fram the date the individual becamc Totally and Permanently Disabled to the Conversion Date (subject to a maximurn of 30 years), times 2.0% times the indi�-idual's bcst 3 consecutive year average deemed salary at the Conversion Datc with such deerned salary being the salary earned by other Employees covered under the classification, or its equivalent, in which such individual was c;overed beforc hc or she became Totally and Permanently Disabled, subject to limits on such deemed salary imposed under the lncomc Tax Act. The amount of the pension for post-Conversion Date serv�ice shall be calculated using 1.8% of deerned Earnings for eack� year (subject to a total of 30 years of Pensionable Serviee} that the person is Totally and Permancntly Disabled from the Conversion Date to attainment of age 65, with such deemed Eamings being the Earnings earned by other Employees covered under the classification, or its equivalent, in which such individual was covered before he or she becaxne Totally and Permanently Disabled, subject to limits on such deemed Earn2ngs imposed undcr the Inco�ne Tax Act; provided that the total pension payable at age GS shall not bc less than it would have been undcr the CSJ Plan; provided furthcr that {and despite the foregoing) under no circumstances shall the total pension exceed the maxirnum pension under subsection 27(1} of the CSJ Plan, as it existed at the Conversion Date. With respect to each person whose disability pension ceased as of the Conversion Datc in accordance with Section 9.1, and who subsequently died between the Conversion Date and the date be or shc would have reached age 65, the CSJ Shared Risk Plan shall pay any survivor pension that would have becn provided under the CSJ Plan and in accordance with the election madc by the individual at the time the disability pension started to be paid from the CSJ Plan, from the first day of the �nonth coincident with or next following when the person would have reachcd his or her 65`�'birthday. 9.3 Members who comrnence ta receive long term disabi�ity benefits under a group insurance plan pro��ided by the EmpIoyer or who bccome Totally and Permanently Disabled on or after the Conversion Date shall continue to accrue Pensionable Service under the CSJ Shared Risk Plan from the date they commence to receive long term disability benefits 220 - 21 - under a group insurance plan provided by the Employer (or becomc Totally and Permanently Disabled) until the earlicr of(subject to the lncome Tax Act): {i) Attaining age 65; or (ii) The date the Member ceases to receive long term disability benefits undcr a group insurancc plan pro<<ided by the Employer or ceases to be Totally and Pcrmanently Disabled. The Member's Base Benefit for Pensionable Service accrued under Section 9.3 is calculated in accordance with Sec�ion 5.5. The deemed Earnings used in the calc�lation of such benefit is equal to the Earnings from time to timc carned by other Employees covered under the classification or its equivalent in which such Member was covercd immediate�y prior to the date when he or she started to receive Iong tenn disability benefits under a group insurance plan provided by the Employer {or became Totally and Permanently Disabled, if earlier), subject to limits on such deemed Earnings imposed under the Income Tax Act. 9.4 A Member who is in receipt of long term disabiiity benefits under a p-oup insurance plan provided by the Employer or Totally and Permanently Disabled and continues to accrue Pensionable Service under thc CSJ Shared Risk Plan under Section 9.3 shall not be required tb make Employcc contributions to thc CSJ Shared Risk Plan during thc time period that he or shc is accruing Pensionable Ser�ice pursuant to Section 9.3. For greater certainty, the Employer shal] not be rcquired to make Employer contributions in respect of such Member to the CSJ Shared Risk PJan during sucb rime period. 221 - 22 - ARTICLE X DESTGNATION OF A BENEFICIARY 10.1 Subject to the provisions of any applicable laws or regulations in effect from tirne to time, by written notice to the Board of Trustees a Member may designate a Bcneficiary or Bcncficiaries to receive any bencfit that may be payable to a Beneficiary or Beneficiaries under the tern�s of the CSJ Shared Risk Plan on the Member's death, and by similar written notice may alter or revoke such designation. 10.2 If, on the death of a Member, there is no designated Bcneficiary or thc Beneficiary has predeceased the Member, any death benefits that are payable under ihe terms of tbe CSJ Shared Risk Plan shall bc paid to the Member's cstate. 222 - 23 - ARTICLE XI NDRMAL RETIREMENT 11.1 For the purposes of thc CSJ Shared Risk Plan thc Narma] Retirement Date of a Member, is the Membcr's sixty-fifth {GSth}birthday. 11.2 A Member who terminatcs employment beforc his or her Normal Retirement Date and after the Membcr's Vesting Date, can elect to commence ihe Member's pcnsion calct�lated in accardance with Article V (and Article IX, if applicable), including any COLA provided under Article VI before pension commencement, on the Member's Norma] Retirement Date, and shall receive the Normal Form Pension described in Section 12.1, automatic form under Section 122 or such optional form of pension as the Member may elect in accordance with the provisions of Section 12.4. 223 - 24 - ARTICLE X�I FORMS QF PENSION BENEFITS 12.1 Subject to Section 12.2, the Normal Form Pension benefit payablc to a Member upon his or her Early Retirement Date, Normal Retirement Date or Postponed Retirement Date, as applicable, is a life pension, with a guarantee that the aggregate of the payments made v�ill never be less that thc Member's own contributions with Accumulated lnterest to the date of pcnsion commencement. 12.2 For a Member who has a Spouse on the date on which pension payments commence, and the Spouse has not waived his or her right to a survivor pension in accordance with Section 123, the automatic form of pension is a joint and survivor pension that is payable in equal monthiy instalments for the lifc of the Member and payablc after the Member's death to such Spouse for his on c�r life in equal monthly instalments eyual to 60% of the amount paid to the Member at the time of death (for greater certainty, a Member may clect an optional form under Section 12.4, provided that a written waiver of the Member's Spouse is obtained where required), with a guarantee that tbe aggregate of the payrnents made to the Member and the Spousc will never be less than the Member's own contributions with Accumulated Intcrest to the date of pension commencement. For �reater certainty, the joint and survivor pension under this Section 12,2 is not provided on an ActuariaI Equivalent basis to the Normal Form Pension under Section 12.1. 12.3 A Member who has a Spouse may elect a Normal Form Pcnsion described in Scction 12.1 or an optional form described in Section 12.4 that provides a survivor bcnefit of less than GO°/o to the Spouse, or no survivor benefit at all, if: (i) The Member delivers to the Board of Trustees, within the 12-month period immediately preceding thc date upan which payment of the pension is to commence the written waiver of the Member's Spouse in the form prescribcd under the Pension Benefits Act; and (ii) This waiver is not revoked prior to the commencemcnt of the pension. 12.4 In lieu of the Normal Form Pension payable under Section 12.1 or, the automatic form of pensian under Section 12.2, as applicable, and subject to the restriction under Section 12.3, a Member may elect, beforc pcnsion commencement, to rcceive his or her pension benefit in one of the following optional forms of pension. Thc pension payable under an optional form to a Member without a Spouse, or for which a spousal waivcr is requireci under Section 12.3 shall be the Actuarial Equivalent of the pension otherwise payable to the Member under Section 12.1. The pension payable undcr an optional form to a Member with a Spousc for which a spousal waiver is not required under Section 12.3 shall be the Actuarial Equivalent of the pension otherwise payable to thc Member under Section 12.2. 224 - 25 - (i) Joint and Last Survivor Pension — 100% —Under this optional form of pension, payments are made to the Member during the Member's lifetime and, if the Member predcceases ihe Membcr's Spouse at the date of pcnsion commenccrnent, payments are continued to such Spouse for his or her life in equal rnonthly instalments equal to l 0d% of the amount paid to the Member at the time of death. (ii} Other Optional Forms as determined by the Trustees — Such other optional fonns of pension as are determined from time to timc by the Board of Trustees, and which comply with thc Pension Benefits Act and trie Income Tax Act. 12.5 Scctions 12.1, 12.2, ]2.3 and 12.4 apply to a Member whose pension commencement date is on or after the Conversion Date and all Other Pre-Conversion CSJ C�aimants who had not sYarted their pension at ihe Conversion Datc. For Pre-Conversion Retirees and Other Pre-Conversion CSJ Claimants in receipt of a pensian at the Conversion Date, the provisions applicable to the form of payment of such pensions under the CSJ PIan at the Convcrsion Date continue to appIy undcr the CSJ Shared Risk Plan. 225 - 26 - ARTICLE XIII EARLY RETIREMENT 13.1 A Member may elcct to start to receive his or her pension at any time after the Member's termination of cmployment, after having attained thc Vcsting Date, and: (i} For a Member who was enrolled in the CSJ Plan before the Convcrsion Date, when the total of the Member's age and Pcnsionable Service equals at least 85 (taking into account Pensionable Ser�icc under both the CSJ Plan and the CSJ Shared Risk Plan) ("SS Points"), or, if earlier, having attaincd age 55 (for greater certainty, a Member may attain SS Points prior to age 55); and (ii) For a Member enrolled in the C5J Shared Risk PJan on or after the Conversion Date, having attained age 55. Such date shall be ihe Member's Early Rctirement Date. The Mcmber must elect ta start to receive both the portion of his or her pension accrued beiore and a�ter the Conversion Date, if applicable, on the Mcmber's F,arly Retirement Date. i 3.2 With respect to the portion of thc Mcmber's Base Benefit accrued before the Conversion Date, the Base Benefit shall not be reduced if the Member had reached 85 Points at his or her date of termination of employment (for greater ccrtainty, a Member may attain SS Points prior to age 55}, otherwise, the Base Bcnefit shall be permanently reduced by S% per year(or parts thereo fl between the pension commencement date and (i) If the Member was not age 55 at his or her date of termination of employment, thc Member's age 65; or (ii) If the Member was age 55 or older at his on c�r date of termination of employrncnt, thc datc the Mennber would have reached 85 Points had the Member continued in employnnent after the Member's termination of employrnent and pension commencement date, or age 65, if earlier. 13.3 With respeci to the portion of the Member's Base Benefit accrued on and after thc Conversion Date, the Base Benefit shal] be permanently reduced by 6%per year {or parts thereo fl between the pension commencement date and the date the Member will reach age 6S (or age 60 for the portion of the Basc Bcnefit accrued while a Mernber is an IAFF or SJPA member employed in a Public Safety �ccupation or while a Member elected to contribute pursuant to Section 4.4). 13.4 Upon his or her Larly Rctircment Daie, a Member's pension is calculated in accordance with Article V including a.ny COLA provided under Article VI before pension carnmencement, and reduced in accordance with Sections 13.2 and 13.3, as applicable, and the Member sball receive the Normal Form Pension described in Section 12.1, automatic form under Section 12.2 or such optional form of pension as the Member may elect under Section 12.4, 226 - z� - 13.5 Other Pre-Conversion CSJ Claimants who had not started their pension at the Conversion Date but were eligible for a deferred pension and had terminated employmcnt bcfore being eligible to receive an immediate pcnsion under the CSJ Plan, may clect to start to receive their pension at any time afler the attainment of age 55, with thcir Base Benefit being permancntly rcduccd by 5% per year (or parts thereo fl bctween their pension commencernent date and the date they will reach age 65 13.6 Other Pre-Conversion CSJ Claimants who had not started their pension at the Conversion Datc but wcre eligiblc for an immediate pension upon their termination of employment, anay elect to start to receive their pension at any time on or after the Conversion Date, with their Base Benefit being permanently reduced by 5% per year (or parts therco� between the pension commencement date and thc date the Member would havc reached 85 Points had the Member continued in ernployment, or age 65, if earlier. 227 - 2s - ARTICLE XIV P�STPONED RETIREMENT 14.1 In the event that a Mernber continues in employmenl beyond the Member's Normal Retirement Date, contributions to the Fund by the Member, and in respect of the Mernber by the Ernployer, shall continue, and Pensionable Service shall continue to acerue under the CSJ Shared Risk Plan in accordance with Section 5.5, until such time as the Member reaches his or her Yostponed Retirement Date under Section 14.2. 14.2 In the event that a Member continues in employment beyond the Member's Normal Retixement Date, the Member shall start his or her pension upon his or her termination of employment, but in no cvcnt shall the pension commencement date of a Member be postponed bcyond the end of the year in which thc Member at�ains age 71, or such othcr age as may be permitted fror�n time to time pursuant to the Incorne Tax Act. Such later pension commencement date shall bc the Member's Postponed Retirement Date. 14.3 Upon his or her 1'osiponed Retiremcnt Date, a Member's pension is calculatcd in accordance with Article V, including any COLA provided under Article VI bcfore the Member's pension commencement ar�d the Member shall receive the Normal Form Pension described in Section l2.], automatic form under Section 12.2 or such optional form of pcnsion as the Member may elect under Section 12.4. 228 - 29 - ARTICLE XV ADMINISTRATION 15.1 Effecti�re February l, 2013, a Board of Trustees constituted in accordance with this Article XV was established by Declaration of Trust and such Board of Trustees is the Administrator of the CSJ Sharcd Risk Plan. 15.2 Prior to the Board of Trustees bcing established, the CSJ Plan board of trustees (the "Pension Board") assumed the responsibility of thc Board of Trustees from thc Conversion Date. Once the newly constituted Board of Trustees was establishcd in accordance with the Memorandum of Understanding and Declaration of Trust, the Pension Board ceased to act as trustees of the CS7 Shared Ris1c Plan. 15.3 The Board of Trustees shall consist of eight (S) rnembers. IAFF, SJPA, CUPE 18 and CUPE 486 shall cach app�int one (1) Trustee to the Board of Trustees. The Common Council shall appoint the remaining four(4) Trustees. 15.4 At the first meeting of the Board of Trustees, the Board of Trustees shall unanimously select a persan (which, for greater certainty, may include an office, corporation, partnership or limited liability partnership) who shall bc called upon to cast the deciding vote in the event that the Board of Trustees is dcadlocked. Such person shall not he a member of the Board of Trustees. The Board of Trustees may, from time to time, unanimously determine to change the person who shall be called npon to cast the dcciding vote in the event that thc Board of Trustees is dcadlocked; provided that at all tirnes the�c�e must be such a person selected by the Board of Trustees. 15.5 The Board of Trustees shall have all the powers, dutics and responsibilities set forth in the Declaration of Trust and under the Pension Benefits Act and the Income Tax Act. Without limiting the generality of thc foregoing, the Board of Trustces shall be responsible for; (i) All measurements and reporting required by the Pension Benefits Act, including annual funding poticy actuarial valuations and stochastic modelling of the assets and the liabilities of the CSJ Shared Risk Plan; (ii) Establishing the Investment Policy (which is subject to annua� review by the Board of Trustees); {iii) Administering and investing thc CSJ Shaa-ed Risk P1an and Fund in accordance with the Pension Benefits Act, Income Tax Act, this CSJ Shared Risk Plan text and the Funding Policy; and (iv) All other requirements of an administrator under the Pension Benefits Act. 15.6 The Board of Trustecs may cnact rules and regulations relating to the ad�ninistration and investment of the CSJ Shared Risk Plan and Fund to carry out the terms hcreof and may amend such rules and regulations frorn time to time. Such rules and regulations shall not 229 - 30 - conflict with any provision of this CSJ Shared Risk Plan, the Declaration of Trust, the Funding Policy, the Pension Benefits Act or the Income Tax Act. 15.7 The Board of Trustees may appoint one or rnore agents to carry out any act or transaction requircd for the ac�ministration and management of the CSJ Shared Risk Plan and Fund �r may retain advisors. E�-ery agent appointed by the Board of Trustees shall repart to and be subject to the direction and c�ntinuing supervision of thc Board of Trustees. 15.8 Thc Board of Trustees shall be entitled ta rely upon ail statements and reports furnished by an actuary, an accountant, an appraiser, a lawyer or othcr professional advisor retained by the Board of Trustees. 15.9 Wherever the records of the Emplayer are used for the purposes of the CSJ Shared Risk Plan, such records shall be conclusive of the facts with which they are concerned. 15.10 In the absence of actual notice to the contrary, the Board of Trustees shall rnake payment in accordance with information provided by the Member. If there is a dispute as to whether a person is a Spouse, child, dependent, Beneficiary or other person entitled to payments hcreunder, or where two or morc persons make adverse claims in respcct of a henefit, or where a person makes a clairn that is inconsistent with information pro��ided by the Mexnber, the Board of Tnxstees may obtain court dircctions and thc costs thereof may be paid from the Fund in acc;ordance with Section 18.2(iv}, or may, in the discretion of the Board of Truslees, be charged to the person entitlec�to the bcnefit to be paid. 15.11 Every Employee shall fiirnish to the Board of Trustees, when requircd to do so, proof of age satisfactory to the Board of Trustees. 15.12 The dutics of the Employer with respect to the administration of the CSJ Shared Risk Plan shall be as follows: (i} To provide to the Board of Trustees in the form prescribed by the Trustees complete up-to-date information on all matters relating to age, service, eligibility or remunerarion of Members, their retircrnent, death or termination of employment, and all other pertinent facts or information which the Board of Trustees rx�ay require for the operation and administra�ion of the CSJ Shared Risk Plan; and (ii) Where reasonably requested by the Board of Trustces, to communicate details of the CSJ Shared Risk P1an to Members, to inform Employees regarding eligibility requirernents for participation in the CSJ Shared Risk Plan, and to assist with the dist�-ibution and collection of the prescribed enrollrnent form for eligible Employees who are required to join the CSJ Sharcd Risk Plan. 230 - 31 - ARTICLE XVI DISCLOSURE 16.1 Within thc period prescribed by the Pension Benefits Act, the Board of Trustees shall provide to each Employee who bccomes eligihle for rnembership in ihe CSJ Shared Risk Plan (including, for greater certainty, those Members who became eligible as a result of the conversion of the CSJ Plan), a written dcscription of the CSJ Shared Risk Plan. Such description shall explain the terms and conditions of the plan app]icable to the Employee and the rights and obligations of the Employee in respect of the plan. Such description shall includc disclosure of the fact that the CSJ Shared Risk Plan is a Shared Risk Plan for the purposes of the Pension Benefits Act. In addition, the disclosure will set out the purposes and characteristics of a Shared Risk Plan in accordance with the Pension Benefits Act. l b.2 Within the period required under the Pension Bcncfits Act, thc Board of Trustecs shall provide a written explanation of an amendment to each �rnployee affccted by the amendment. 16.3 The Board of Trustecs shall permit a Member, or such person as is rcquired to be permitted undcr the Pension Benefits Act, to inspect, to make extracts from or to copy the CSJ Shared Risk Plan text and any other related documents required to be made available under tlle Pension Benefits Act at such time and places as may be required undcr the Pension Benefits Act. 1G.4 To the extent required undcr the Pension Bcnefits Act, the Board of Trustces shall provide, on request, a Member, or such person as is required to be permitted under the Pension Bcnefits Act, with copies of any o#the documents rcquired to bc rnade available under the Pension Benefits Act upon payment to the Board of Trustees of a reasonable fee. 16.5 Within the period prescribed under the Pension Benefits Act, the Board of Trustees sha11 provide each Member a written statement dcscribing the benefits tlie Member has earned to datc and such other infonnation a.s rcquired under the Pension Benefits Act. 1b.6 Upon cessation of ernployment of a Mcmber or upon ter�mination of the Member's active membership in. the CSJ Shared Risk Plan, the Board of Trustees shall provide to the Member (or person entitled to benefits in the event of the Member's death) within ihe period prescribed under the Pension Benefits Act, a written statement containing the information prescribed under the Pcnsion Benefits Act in respect of the benefits and options to which the Member or other person is entitled. 16.7 Within ]2 months after the review date of each funding palicy actuarial valuation report prepared for the CSJ Shared Risk Plan, the Board of Trustees shall provide the Employer, tI�e Membcrs and the Union.s a report containing the following information, in addition to any other information as may bc required under the Pension Bencfits Act from timc to time: 231 - 32 - (i) The open �-oup funded ratio and the termination value funded ratio of the CSJ Shared Risk PIan; (ii) The investment performance of the Fund; (iii) The funding policy liabilities; (i��) The results of the testing performed using thc asset liability model, including the probabilitics associated with the risk rnanagement goals; (v} The Board of Trustees' assessment of thc need io reducc beneflis or the opportunity to increase benefits, including a description of the risk factors affccting the plan; (vi) A summary of the Funding Policy; and {vii) A description of how Member benefits would be caiculated if the CSJ Shared Risk P1an were terminated. 16.8 The Board of Trustees shall provide such othcr information regarding the CSJ Shared Risk Plan, statistical or otherwise, as is rcquired under the Pension Benefits Act and thc Income Tax Act. 16.9 Such explanation, statement or right of disclosure of the CSJ Shared Risk Plan text and other documents provided shall have no ef�ect on the rights or obligations of any person under the CSJ Shared Risk Plan, and shall not be refcrred to in interpreting or giving effect to the provisions of the CSJ Shared Risk Plan. None of the Board of Trustees, the Ernployer, the Unions, nor any agent thcreof, shall be liable for any loss or damagc claizned by any person to have bccn caused by any error or omission in such explanation, statement or other information. 232 - 33 - AATICLE XVII INVESTMENT PQLICY AND RISK MANAGEMENT FRAMEWORK 17.1 Thc Board of Trustees shall establish the Investment Policy. 17.2 The following considerations apply to the establishment of the investment Policy: (i) The purposc of the Investment Policy is to ensure that the desired security for the Base Benefts and the Anciilary Benefits is achicved; (ii) Sophisticated stochastic financiat and economic models that meet stringcnt statistical reliability criteria must be used to set investment allocations, including target invesfinent durations, from time to timc; and {iii) Thc Investment Policy must reflect relevant factors including the maturity of the CSJ Shared Risk Plan, the expected contributions into the CSJ Shared Risk Plan, the expected benefits payable from the CSJ Shared Risk Plan, tbe Funding Policy and the CSJ Shared Risk Plan's current funded status. 17.3 The Board of Trustees shall review, and amcnd as required, the �nvestment Policy at Ieast once per year. With respect to each such review, the Board of Trustecs shall ensure that thc considerations under Section 17.2 are applied. 17.4 The Board of Trustees shall establish a Risk Management Framework for the CSJ Shared Risk Plan. Such Risk Management Framework shall: (i) Esfablish the risk managemcnt goals and proccdures of thc CSJ Shared Risk Plan; and {ii) Contain the requirements set out in the Pension Benefits Act. 17.5 The Board of Trustees shall review, and amend as required, the Risk Management Framework at least oncc per year. With respect to each such review, the Board of Trastees shall cnsure that the considerations under Section 17.4 are applied. 17.6 ln the adminisfiration and investment of the CSJ Shared Risk Plan, thc Board of Tr�stecs shall adhere to the Investment Policy and the Risk Management Framework. 233 - 34 - ARTICLE XVIII FUNDING PQLICY 18.� The Partics shall establish, and the Board of Trustees shall adopt, a Funding Policy in accordance with the Parameters. 18.2 The Funding Policy shall at a minimum contain: (i) A clear statcmcnt of the funding goals, which shall meet or exceed the minirnum set out in the Pension Benefits Act; (ii) A description of thc cost sharing betwecn the Employees and Employer; (iii) A description of thc required contributions and what changes to contributions shall be allowed, or required, under various conditions; (i�•} A cIear statement as to responsibility for plan expenses for the CSJ Shared Risk Plan, which shall provide that all expenses are to be paid by the CSJ Sharcd Risk Plan unless otherwise ageed; (v) A dcficit recovery plan that shall contain both the priority order and thc level of changes allowed. The deficit rccovery plan shall bc suci� that reduction of Base Benefits would occur as a last step in the deficit recovery plan in accorda.nce with the Pension Benefits Act; (vi) A funding excess utilization plan in accordance with the Parameters and thc Pension Bcncfits Act; (vii) A description of the financial measurement basis adopted by the CSJ Shared Risk Plan; and (viii) Any other requirements prescribed under the Pension Benefits Act. 18.3 The Board of Trustees shall review, and amend as required, the Funding Policy at least once per year, in accordance with thc Funding Policy and the Pension Benefits Act. 18.4 In the administration of the CSJ Shared Risk Plan, the Board of Trustees shall adhere to the Funding Policy. 234 - 35 - ARTICLE XIX ASSIGNMENT AND COMMUTATION OF BENEFITS 19.1 Upon a Member's termination of employment aftcr having attained the Vesting Date and where the amount of the annual accrued pcnsion or deferred pension payab�e to such Member is lcss than 10% of the YMPE in the calendar year of tcrmination of employment, or such other amount prescribed under the Pension Benefits Act from time to time, the Board of Trustees may require the Member to transfer his or her Termination Value in accordance with Section 7.3. 19.2 Upon a Member's termination of employment after having attained the Vesting Date, the Member may elect to receive a lump-sum payment cqual to the Mcmber's Termination Value if the adjusted Termination Value payable, determincd in accoraancc with subsection 34(2) of the Pcnsion Benefits Act, is iess than forty per cent of thc YMPE for the calendar ycar in which the Member terminated employment, or such other amount prescribed under the Pension Benefits Act from time to timc,pro�•ided that if ti�e Member has a Spouse, the Member has provided the Board of Trustees with a written waivcr of ihe Member's Spouse in the form prescribed under the Pension Bcnefits Act. 19.3 Subject to approval of the Board of Trustees, and based on conditions that the Board of Trustees may estabIish from time to time, and subject to the Pension Benefits Act, a Member who has aitained his or her Vesting Date at his or her termination of employment may elect before becoming eligible for an immcdiate pension, and in lieu of the deferred pension payable hcreunder to receive a lump-sum payment equal to thc Member's Termination Value if: {i) The Member establishcs to the satisfaction of the Board of Trustees, by a written statement from a duly qualified medical practitioner acceptable to the Board of Trustees, that the Member suffers from a significant physical or mcntal disability that considerably reduces life expectancy; or {ii) The Member and his or her Spouse are not resident in Canada for purposes of the Income Tax Act, are not Canadian citizens and have provided a waiver to the Board of Trustees in the form prescribcd under the Pension Benefits Act. 19.4 Upon the transfer of a Termination Value in accordance witb Section 19.1, 19.2 or 1R.3, thc Mcmber has no entitlement to any further benefits from the CSJ Sharcd Risk Plan or payment from the Fund ancl ceases to be a Member of thc CSJ Shared Risk Plan. 19.5 In na other event is a Member entitled to recei�-e a lump-snm benefit in Iieu of a pension, except �hat the benefits of a Member may be divideci between the Member and the Member's Spouse or former Spouse in accordance with the provisions of the Pension Benefits Act and the Income Tax Act pursuant to: 235 - 36 - (i) A dccree, order or judgment of a court of competent jurisdictic�n; or {ii) A written agrecment in settlement of rights arising as a consequence of the breakdown of marnage or other conjugal relationships bctween the Membcr and thc Member's Spouse or former Spousc. 236 - 37 - ARTICLE XX MAXIMUM PENSION 20.1 Notwithstanding any provision to the contrary in this CSJ Shared Risk Plan, the annual lifetime pension payable ta any Member under this CSJ Shared Risk Plan, determined at the time of pcnsion cornmencement, inclnding any benefit payable to a Member's Spouse as a result of a marital breakdou�n, shall not exceed the Member's Ycnsionable Service multiplied by the lesser of: (i) $2,696.b7 {for pension commencement dates in 2013) or such greater amount per�nitted under the Incomc Ta�c Act; and (ii) 2% of the Member's highest avcrage indexed compcnsation (as defined under the Income Tax Act) in any 4 non over-]apping periods of l2 months, reduced, if the pension commencement date preccdes the earlier of the day on which: (iii) The Member attains age fi0; {iv) The Member's age plus early retirement eligibility service (as defined in the Income Tax Act}would have equalled S0; and (v) The Meanber would have completed 30 years of early retirement eligibility service (as defined in the Income Tax Act) with the Employer, by 1/ of 1% for each month by which the pension commencement date precedes such date assuming the Member had continued in employment to that date. Subsequent to a Mcmber's pension commencement, the maximum annual lifetime pension determined above shall bc indexed annually accordin� to increases in the Consumer Price Index for Canada as published by Statistics Canada or its successor, over the 12-month period ending October of the immediately preccding Plan Year. For greater certainty, such indexation calculation is solcly for the purposes of determining the maximum pension under this Article XX. 237 - 38 - ART�CLE XXI AMENDMENT OR DISCONTINUANCE QF THE PLAN 21.1 Subject to Section 21.2, the CSJ Shared Risk Plan may be amended by the Board of Trustees from time ta time. 21.2 Amendments to thc CS7 Shared Risk Plan related to the following, or which may affect any of the following, may oniy be made by the Employer and Unions: (i) Composition of the Board of Trustecs; and (ii) The parameters se# out in Schedule "A" to the Funding Policy that are prohibited to be amcnded by the Board of Trustees under the Funding Policy (subject to amcndments required to comply with a�aw or regulation as set out in the Funding Policy). 21.3 The Employer and the Unions hope and expect to continuc the CSJ Shared Risk Plan indefinitely. However, if unforeseen circumstances beyond the contro] of the Employcr and the Unions result in thc discontinuance of thc CSJ Shared Risk Plan, the assets of the Fund sball be uscd to provide benefits for Members, Pre-Conversion Retirccs, other Claimants and their Beneficiaries in accordance with the relevant provisions of t]�e CSJ Shared Risk Plan and the Pension Benefits Act. 21.4 In the event of the termination of thc CSJ Shared Risk Plan, all Membcrs shall be deemed to be vested in their accrued benefits for all purposes, whether or not such Members have attained the Vesting Date. 21.5 Upon discon�inuancc of the CSJ Shared Risk Plan, in whole or in part, any assets of the Fund shall first be used to discharge all liabilities under the CSJ Shared Risk Plan for tl�e aecrued Base Benefits of the affected Members, Pre-Conversion Retirees and other Claimants in accordance with the Pension Benefits Act and the Funding Policy. If upon discontinuance of the CSJ Sh.ared Risk Plan the assets of the Fund are insufficient to dischargc all liabilities under the plan for the accrued Base Benefits of the affected Members, Pre-Conversion Retirecs and other Claimants, such Base Bene�its shall be reduced in accordance with the Pension Benefits Act and the Funding Policy. If there are additional asscts, these may be used to provide Ancillary Benefits in accordance with the Funding Policy. If there are surplus assets remaining after the dischargc of liabilities for the accrued Base Benefits and any Ancillary Benefits, such assets shall be distributed to tbe Members, Pre-Convcrsion Retirees and other Claimants, in accordance with Funding Policy and the Pension Benefits Act. 238 - 39 - ARTICLE XXII CONVERSION DETAILS 22.1 The CSJ Shared Risk Plan will be effective from and after the Convcrsion Date. All conversion benefit calculations will be made as of that date without regard to any adrninistrative changes required to effect the conversion. 22.2 Benefits accrucd under the CSJ Plan shall be converted ef�ective the Conversion Date in accordance with the provisions hereof and thc Pension Benefits Act. 22.3 Effecti�-e as of the Conversion Date, no person who has any en�itlemcnt under the terms of the CSJ Shared Risk Plan shall have any entitlement or claim under or with respect to the CSJ Plan. 22.4 The CSJ Shared Risk Plar►is subject to thc Pensian Benefits Act and the Income Tax Act. 22.5 Other than as required to convert the CS1 Plan to the CSJ Shared Risk Plan or pursuant to the Pension Benefits Act, the conversion of the CSJ Plan to the CSJ Shared Risk Plan does not affect the terms and conditions of employment established throu� the collective bargaining process negotiatcd from time to time between the Unions and the Employer. 239 -40 - ARTICLE XXiII PURCHASES �F SERViCE AND RECIPROCAL AGREEMENTS 23.1 Prior to ihe Conversion Date, Membcrs of the CSJ Plan could purchasc service {including past service, refunded service, scrvice in respect of periods o-f leaves of absence or other leaves) under the tenns of the CSJ Plan. On and aftcr the Cc�n�rersion Date, purchases of ser�•ice (including purchascs of past sen�ice, rcfunded service and service in respect of leaves of absence or other leaves) have been suspended. 23.2 The Board of Trustees shall have the power to determine rules regarding purchases of service under the CSJ Shared Risk Plan, which rules must be based on the principles underlying the CSJ Shared Risk Plan. Initial rules regarding purchases of service must be adoptcd by the Board of Trustees by no later than one year frorn the Conversion Date. 23.3 The Board of Trustees may, in its discretion, from time to tixne, enter into reciprocal agreernents with the sponsors of othcr pension plans. Such agreemcnts may provide for the fransfer of funds in respect of a Member who transfers from one pension plan to the other and may also providc for the transfer of some or all, of the Member's Ycnsionab�e Service. 240 -41 - ARTICLE XXIV ADDITIONAL �'OLUNTARY CONTRIBUTIONS 24.1 Membcrs may make Add.itional Voluntary Contributions to the Fund, subjcct to the limitations prescribed by the Income Tax Act, pursuant to such guidelines and policies as the Board of Trustees may cstablish from time to time. 24.2 Upon the written. request of a Member, Pre-Convcrsion Deferred Vested Member or Pre- Conversion Retiree the Board of Trustees shall accept a Lump Sum Voluntary Transfer to the Fund from anotber pcnsion plan or fund or any other transfer otherwise permitted in accordance with thc Income Ta�c Act, pursuant to such guidelines and policies as the Board of Trustces rnay establish from time to time. 24�.3 The Board of Trustccs shall not accept Additional Voluntary Contributions or Lump Sum Voluntary Transfers if the contribution or transfer does not meet the requirements of the Pension Benefits Act and the lncome Tax Act, as applicable. 24.4 Thc Employer shall not contributc to the Fund any amount in respect of a Mcmber's Additional Voluntary Contributions. 24.5 All Additional Voluntary Contributions deposited to the Fund shall be held to the credit of the Me�nber, Pre-Conversion Deferred Vestcrl Member or Pre-Conversion Retiree and credited with such rate of return of the Fund {net of the administrative cxpenses paid by the Fund), whethcr positive or negativc for the Plan Year. 24.b Additional Voluntary Contributions that have been depositcd to the Fund in accordance with Scctions 24.1 and 24.2 and crcditecl with the rate of return in Section 24.5 may be, (i) Withdrawn by a Member, Pre-Conversion Dcferred Vested Member or Pre- Conversion Retiree; {ii} Refunded to a Member, Pre-Conversion Deferxed Vested Membcr or Pre- Conversion Retirec; or (iii) Transferred to a registered pension plan (including, for grcater certainty, payments and purchases under this CSJ Shared Risk Plan), a retirement savings arrangernent or a provider of an annuity, as permitted or required under the Per�sion Benefits Act and in accordance with the Incoxne Tax Act, as applicable, and subject to any applicable locking-in legislation. 24.7 All Additional Voluntary Contributions that have been deposited to the Fund in accordance with Scctions 24.1 and 24.2 and credited with the rate of return in Secrion 24.5 shall be withdrawxz, refundcd or transferred from the Fund in accordance with Section 24.b from the earlier date on which a Member, Pre-Conversion Deferrcd Vested Member or Pre-Conversion Retiree, as the case may be: 241 �42 - (i) recei�•es a lump sum amount under Section 19.2, a refund of contributions under Section 7.1 or� lump sum payment under Section 19.1 or 19.3; (ii) elects to transfer his or her entitlement under Section 7.3; or (iii) The end of the ycar in which the Membcr, Pre-Conversion Deferred Vested membcr of Pre-Conversion Retiree attains age 71 or at such other time as prescribed under the Income Tax Act. 24.8 On the death of a Mcmber, Pre-Conversion Deferrcd Vestec� Member or Pre-Conversion Retiree beforc all Additional Voluntary Contributians that havc been deposited to the Fund have been withdrawn, refunded or transferred, the balance of Additional Voluntary Contributions shall be refunded to, (i) The surviving Spouse, if any; or {ii) If there is no surviving Spouse, the Bcneficiary; or (iii) If thcre is no surviving Spouse or Bcncficiary, the Mcmber's estate, the Pre- Conversion Deferred Vested Member's estate or the Pre-Conversion Retiree's estate, as the case may be. 24.9 Any Additiona] Voluntary Contributions receil�ed by the CSJ Shared Risk Plan are subject to any applicable locking-in legislatzon. 242 -43 - ARTICLE XXV MISCELLANEQUS 25.1 Except as specified in Scction 19.5, moncy payable undcr the CSJ Shared Risk PZan is subject to the following restrictions: (i) Any transactions that purports to assign, charge, anticipate, surrender, or give as security any right to a person under the CSJ Shared Risk Plan or money payablc under the plan shall not be enforceable againsf the CSJ Shared Risk Plan; and (ii} Money payable under the CSJ Shared Risk Plan is exempt from execution, seizure or attachmcnt. 25.2 Tf the Board of Trustccs receives noticc that any person cntitled to receive benefits under the CS7 Shared Risk Plan is pbysically or mentally incapable of managing his or her affairs, the Board of Trustees may instruct thc person responsible for the payment of bcncfits to pay the benefits for such Membcr to the legally appointed representative or power of attorney of the intended recipient and such payment shall act as a full discharge thereof to the Board of Trustees and the CSJ Shared Risk Plan. 25.3 if any provision of the CSJ Shared Risk Plan is held to be invalid or unenforceab]e by a court of competent jurisdiction, its invalidity or unenforceability shaIl not affect any other provision of the CSJ Shared Risk Plan and the p1an shal] be cor�strued and enforced as if such provision had not been included therein. 25.4 Any dctermination made by the Board of Trustees with regard to any question of canstruction or interpretation arising under or in connection with the CSJ Shared .Risk Plan, Declaration of Trust and Funding Policy shall be binding and conclusive on all persons affectcd thereby. 25.5 Participation in fhe CSJ Shared Risk Plan shall not cnlarge nor diminish nor establish any rights to �mployment with the Ernployer or applicable Union which the Member did or did not formerly possess as an E�nplayee of the Einployer or applicable Union. 25.6 For greater certainty, to thc extent that the CSJ Plan was providing a pension to certain individuals under the terms of An Act Respectfng The S'aint .Iohn Firefighters' Association as at the Conversion Date, the CSJ Shared Risk Plan and Fund shall continue to provide such pension to such individuals, with the necessary modifications to post- retirement indexing upon conversion to the CSJ Shared Risk Plan. Where a pension is awarded under An Act Respecting The Saint John Firefighters' Assocratinrr after thc Conversion Date, the CSJ Shared Risk Plan shall commence to pay to the retiring Mernber his or her accrued pension with applicable reductions found under Article XIII, if a�y. Such pension can start prior to ihe Member's earliest F,arly Retirement Date found under Article XIII, but with the applicable early retixement reductions extended to such carlier date. 25.7 The CSJ Shared Risk Plan shall be governed and construed in aceordance with the laws of the Province of New Brunswick and the laws of Canada applicable therein. 243 -44 - 25.8 Any benefits payablc hcrcunder shall be subject to any tax withholdings required by applicable law. 25.9 All benefits payable under the CSr Shared Risk Plan shall be paid in the lawful currency of Canada. IN WITNESS WHEREOF, each of thc signatories hereto has causcd this Shared Risk PZan to be signed by its respective duIy authorized officers or representatives this day of , 2013. THE CITY OF SAINT JOHN Per: Name: Title: WITNESS: SAINT JQHN FIRE FIGHTERS ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 771 Name: Per: Name: Paut Stackhouse Title: President WITNESS: SAINT J�HN POLICE ASSOCIATION Per: Name: Name: 7amie Hachey Title: President 244 - 45 - WITNESS: CUPE LOCAL 1$, SATNT JOHN CITY OUTSIDE WQRKERS Per: Name: — Name: Michael Meahan Title: President WTTNESS: CUPE,LOCAL 4$6 Per: Name: Name: Paul7ohnson Title: President 245 APPENDIX A COLA GRANTED UNDER ARTICLE VI 246 APPENDIX S CONTRIBUTION RATE ADJUSTMENTS 247 APPENDIX C BENEFIT CI3ANGES �16162638 248 � 7 �� , , � ,��,o� June 24, 2013 Depufy Mayor Rinehart and Councillors, Subject: Committee of the Whale: Greg Yeomans—Vehicle ANowance The Committee o#the Whole, having met on June 24, 2013, adopted the following resolution: RESQLVED that the Committee of the Whole recommends fihat Common Council adopt the following resolution: 1. That Common Counci! authorize an increase of$15� per manth in the �ehicle allowance for G. Yeomans. Sincerely, ��%�� Mel Norton Mayor 1�1� --- � � SAINT rOHN P.O.8ox i 977 Sairn john,NB Canada E2�24g�www.sair.tjohn.ca C.P.1971 Saint Johr�,N:B.Canada F2L 4L1 --�� }� � � , ► � ��m� June 24, 2093 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Outdoor Patio Request— Union Station Launge City-Owned OfF-Street Right of Way— Sydney Street Parking Lot The Committee of the Whoie, having met on June 24, 2013, adopted the following resoiution: RESOLVED that the Committee of the Whole recommends that the City,jointly with the Saint John Parking Commission, grant a license in favour of Mr. Blake Armstrong, owner of the Union Station Lounge for the use of a portion of City owned lands (hereinafter the "Lands") being approximately 13' by 26' in size and located in the alieyway immediately adjacent to the property housing the Union Station Lounge, known as civic number 198 Union Street, upon the following terms and conditions: 1. Use of the Lands must comply with all provisions of the "Standards and Specifications for the Establishment of Sidewalk Cafes Upon Street Rights of Way" submitted to Common Council on May 7, 2001, with any adjustments reflecting the fact that the iands are not part of a sfreefi right of way; 2. That the "Patio" layout for the said lands be in accordance with the sketch attached to the June 19, 2013 correspondence from the Saint John Parking Commission submitted to Common Council; AND FURTHER that the Mayor and Common Clerk be authorized to execute the aforesaid license. Sincerely, ��/' r Mel Norton Mayor 1��. �- +�� SAINT 10HN PO.Box 197'I Saint John,NB Canada E2L250, www.sair.tjoF�n.ca , C.P.1971 Saint johr�,N:B.Canada F2L 4L7 �f Ttte City of Saint]ohn June 24, 2013 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Staffing —Acting Assistant Common Clerk The Committee of the Whole, having met on June 24, 2013, adopted the following resolution: RESOLVED that Committee of the Whole recommend that as recommended by the City Manager Phil Ouellette be appointed Acting Deputy Common Clerk during the absence of the Common Clerk by reason of illness, any other reason, or when the office is vacant, with such appointment to continue until terminated by resolution of Common Council. Sincerely, ��;d� Mel Norton Mayor �p � SAINT JOHN P.O.Box 1971 Saint John,NB Canada E2L 4L1 I ww�,%saintjohn.ca I CP. T 971 Saint f ohn, N.-6.Canada E2L.4L1 �� 251