R-15.1 - Supplemental Pension Plans Act

Section 230.4 Disposition versions

2016-01-01

230.4. (Replaced).

1992, c. 60, s. 34; 2000, c. 41, s. 141; 2015, c. 29, s. 62.

2001-01-01

230.4. Within 15 days after receiving the draft agreement, the pension committee shall send a copy to every member and beneficiary affected, together with a copy of the provisions of the pension plan pertaining to the allocation of surplus assets in the event of termination and a notice only containing the information prescribed by regulation and informing them that they may inform the pension committee in writing of their opposition to the draft agreement within 60 days after receiving the notice or after the publication of the notice provided for in the second paragraph, whichever occurs later.

Unless all members and beneficiaries who may have rights under the pension plan or under this Act have been personally advised, the pension committee shall also, within the time limit set out in the first paragraph, publish in a daily newspaper circulated in the region in Québec where the greatest number of active members at the date of termination reside a notice of the termination of the pension plan, indicating that there are surplus assets and that a draft agreement has been submitted by the employer regarding the distribution of the surplus assets. The notice shall also invite any person who has not received the abovementioned notice and who believes he has rights under the plan or under this Act

 — to assert his rights with the pension committee within 60 days after the publication, subject to the additional time granted by section 230.8;

 — to the extent that he is able to justify his rights, to consult the text of the draft agreement at the office of the pension committee, or to request a copy thereof from the committee and, where applicable, to inform the committee in writing of his opposition within the abovementioned time.

The time allowed under this section to assert rights or to oppose the draft agreement expires 60 days after the date on which the statement provided for in section 207.3 is sent to every member or beneficiary, where that statement is sent after the copy of the draft agreement.

The pension committee shall also send without delay to the Régie a copy of the notice sent to members and beneficiaries and, where applicable, the notice published in the newspaper.

1992, c. 60, s. 34; 2000, c. 41, s. 141.

1993-01-01

230.4. Upon receipt of the draft agreement, the pension committee shall send a copy to every member and beneficiary affected, together with a notice informing them

(1)  of the provisions of the plan relating to the allocation of surplus assets in the event of total termination;

(2)  that they may, within 60 days, inform the pension committee in writing of their opposition to the draft agreement.

Unless the pension committee is exempted therefrom by the Régie where it is attested in writing that all the members and beneficiaries who may be entitled to assert rights under the plan or under this Act have been notified personally, the pension committee shall, in addition, not later than the date on which the notices provided for in the first paragraph are sent, cause to be published in a newspaper circulated in the region of Québec where the greatest number of members who were active at the date of termination reside, a notice of the total termination of the plan and of the existence of a surplus of assets and a draft agreement submitted by the employer concerning apportionment of that surplus. The notice shall also invite any person who has not received the abovementioned notice and who believes he has rights under the plan or under this Act

 — to assert his rights with the pension committee within 60 days after the publication, subject to the additional time granted by section 230.8;

 — to the extent that he is able to justify his rights, to consult the text of the draft agreement at the office of the pension committee, or to request a copy thereof from the committee and, where applicable, to inform the committee in writing of his opposition within the abovementioned time.

The time allowed under this section to assert rights or to oppose the draft agreement begins to run only from the date on which the statement provided for in section 203 is sent to every member or beneficiary, where that statement is sent after the copy of the draft agreement.

The pension committee shall also send without delay to the Régie a copy of the draft agreement, the notice sent to members and beneficiaries and, where applicable, the notice published in the newspaper.

1992, c. 60, s. 34.