R-15.1 - Supplemental Pension Plans Act

Section 146.5 Disposition versions

2016-01-01

146.5. On the expiry of the time for expressing opposition, the pension committee shall count the notices of opposition received.

If 30% or more of the members and beneficiaries are opposed to the proposed amendment, it is deemed rejected and cannot be made.

The pension committee shall immediately inform the employer concerned, as well as each of the plan members and beneficiaries and the person or body who may amend the pension plan, of the results.

2000, c. 41, s. 84; 2005, c. 5, s. 1; 2006, c. 42, s. 16; 2015, c. 29, s. 27.

2010-01-01

146.5. An amendment to a pension plan confirming the employer’s right to appropriate surplus assets to the payment of the value of the additional obligations arising from any amendment to the plan or to the payment of employer contributions and operating as provided in section 146.7 can only be made to give effect to a written proposal of the employer which not only satisfies the requirements imposed by law and the pension plan for the amendment of the plan and has received consent from all parties as required thereunder, but also has received the concurrence

(1)  of each certified association within the meaning of the Labour Code (chapter C-27) representing active plan members belonging to a class of employees for whom the plan is established;

(2)  of any party with whom the employer is bound by a written contract, other than the pension plan, pertaining to the use, before the termination of the plan, of the part of the pension fund that constitutes surplus assets; and

(3)  of active members not referred to in subparagraph 1 or 2 and of non-active members and beneficiaries;

(4)  in the case of a multi-employer pension plan, even not considered as such under section 11, of all the employers party to the plan on the date on which the proposal is made.

For the purposes of subparagraph 3 of the first paragraph, concurrence must be obtained in accordance with the procedure set out in section 166 or 166.1, as the case may be.

Where there is disagreement concerning the application of the first paragraph, the employer and the parties whose consent is required under that paragraph may, if all agree, refer the matter to an arbitrator, defining his or her mandate. The decision of the arbitrator is binding on all interested persons and the required consent to the amendment is deemed to have been obtained from all the parties.

2000, c. 41, s. 84; 2005, c. 5, s. 1; 2006, c. 42, s. 16.

2005-04-28

146.5. An amendment to a pension plan confirming the employer’s right to appropriate surplus assets to the payment of employer contributions and operating as provided in section 146.7 can only be made to give effect to a proposal of the employer which not only satisfies the requirements imposed by law and the pension plan for the amendment of the plan and has received consent from all parties as required thereunder, but also has received the concurrence

(1)  of each certified association within the meaning of the Labour Code (chapter C‐27) representing active plan members belonging to a class of employees for whom the plan is established;

(2)  of any party with whom the employer is bound by a written contract, other than the pension plan, pertaining to the use, before the termination of the plan, of the part of the pension fund that constitutes surplus assets; and

(3)  of active members not referred to in subparagraph 1 or 2 and of non-active members and beneficiaries;

(4)  in the case of a multi-employer pension plan, even not considered as such under section 11, of all the employers party to the plan on the date on which the proposal is made.

For the purposes of subparagraph 3 of the first paragraph, concurrence must be obtained in accordance with the procedure set out in section 166 or 166.1, as the case may be.

Where there is disagreement concerning the application of the first paragraph, the employer and the parties whose consent is required under that paragraph may, if all agree, refer the matter to an arbitrator, defining his or her mandate. The decision of the arbitrator is binding on all interested persons and the required consent to the amendment is deemed to have been obtained from all the parties.

2000, c. 41, s. 84; 2005, c. 5, s. 1.

2001-01-01

146.5. An amendment to a pension plan confirming the employer’s right to appropriate surplus assets to the payment of employer contributions and operating as provided in section 146.7 can only be made to give effect to a proposal of the employer which not only satisfies the requirements imposed by law and the pension plan for the amendment of the plan and has received consent from all parties as required thereunder, but also has received the concurrence

(1)  of each certified association within the meaning of the Labour Code (chapter C‐27) representing active plan members belonging to a class of employees for whom the plan is established;

(2)  of any party with whom the employer is bound by a written contract, other than the pension plan, pertaining to the use, before the termination of the plan, of the part of the pension fund that constitutes surplus assets; and

(3)  in the case of a multi-employer pension plan, even not considered as such under section 11, of all the employers party to the plan on the date on which the proposal is made.

Where there is disagreement concerning the application of the first paragraph, the employer and the parties whose consent is required under that paragraph may, if all agree, refer the matter to an arbitrator, defining his or her mandate. The decision of the arbitrator is binding on all interested persons and the required consent to the amendment is deemed to have been obtained from all the parties.

2000, c. 41, s. 84.