92. (1) The Commission shall administer the complementary social benefits plans and, for such purpose, it may make any by-law to give effect to a clause of a collective agreement intended for the establishment or amendment of a complementary social benefits plan. It shall continue the management of such plans which remain in force, even for the period following the expiry of the collective agreement. Only an express clause of the collective agreement can change the amount of the assessments or contributions affected to the complementary social benefits plans, or amend or abolish any express clause of the collective agreement respecting such plan.
(2) The Commission may retain, out of the sums which it receives in respect of such matter, the amounts necessary to pay its administration costs, to effect the payment of the benefits due under a plan administered by it, the payment of the insurance premiums and the payment of costs of the same kind. It shall entrust to the Caisse de dépôt et placement du Québec the annual surplus of the sums received according to the terms and conditions determined by the Government after notice by the Commission and by the Caisse de dépôt et placement du Québec.
(3) The Commission may establish by by-law the terms and conditions necessary for the transfer to another plan of any sum from the assets of a supplemental pension plan applicable to the construction industry for a group of employees subject until then to a collective agreement made under this Act. It may also establish by by-law the terms and conditions necessary for maintaining the social benefits plan in favour of employees
(a) who are no longer subject to a collective agreement made under this Act;
(b) who are temporarily carrying out work to which this Act does not apply, to the extent that their participation in the plan is not prohibited by a collective agreement or decree applicable to them;
(c) to whom a collective agreement or a decree is applicable which expressly provides for their participation in the plan.
The by-law shall determine the amount of their assessments and contributions under the plan.
(3.1) The Commission may, according to law, make an agreement with any person or association to allow the reciprocal transfer of all or part of the sums accumulated to the credit of a beneficiary under a complementary social benefits plan which he or it administers. The Commission may establish by by-law the terms and conditions necessary for the implementation of such an agreement.
(4) (Subsection repealed);
(5) Subject to section 11 and subsection 2 of this section, the Commission may make an agreement with any person to entrust him with a mandate for the administration of a supplemental fringe benefit plan.