75. Subject to taxation rules, a pension plan may include, workers represented or not represented by a certified association.
A pension committee intending to apply for registration either of a plan or of an amendment that increases plan commitments shall give 40 days advance notice in writing to each non-represented worker.
The prior notice of an application for registration of a plan shall mention that the cost of the plan’s commitments, less the employer contribution, shall be borne by the plan’s active members, that the benefits of the members and beneficiaries may be indexed provided the plan is fully funded and that the accumulated surplus assets at the plan’s termination are, in whole, allocated to the members and beneficiaries of the plan and distributed among them pro rata to the value of their benefits. The prior notice of an application for registration of an amendment shall contain the information provided for in subparagraph 1 of the first paragraph of section 26 of the Act.
Such notices shall likewise inform the interested parties that they may, within 30 days following receipt of notice, make known, in writing, to the pension committee their opposition to the obligations incumbent on them under, as the case may be, the plan or the amendment.
Retraite Québec may register a plan or an amendment only where the application for registration is accompanied with a written declaration from the pension committee attesting that less than 30% of the workers referred to in the second paragraph expressed their opposition in accordance with the fourth paragraph.
This section does not apply in the case of an amendment referred to in subparagraphs 2 to 5 of the second paragraph of section 74.
O.C. 159-2007, s. 5; O.C. 833-2017, s. 611.