— 30 % or more of the members and beneficiaries oppose the draft agreement submitted by the employer;
— at least one member or beneficiary opposes the draft agreement submitted by the employer when the proposed method of apportionment, under the terms of the second paragraph of section 230.2, admits of no opposition;
— the employer, being a party to a pension plan established pursuant to a collective agreement, an arbitration award in lieu thereof or an order or decree rendering such an agreement compulsory, has failed to send a draft agreement to the pension committee within the time prescribed by section 230.2 or within the additional period granted by the Régie pursuant to the second paragraph of section 240.4;
— the date indicated in the notice sent to the employer by the pension committee pursuant to section 207.2 has been reached, and no statement was sent and no agreement was made as provided, respectively, in subparagraphs a and b of paragraph 2 of section 230.1;
— the agreements made and statements sent do not affect all the members and beneficiaries of the plan;
— the Régie has invalidated the draft agreement submitted by the employer by reason of an irregularity;
— the interested persons have agreed to have recourse to arbitration before expiry of the time prescribed in sections 230.2 to 230.4 or in section 240.4,
the employer, the employees’ association and, unless they are prevented from doing so by the effect of other legislation, any member or beneficiary, may have recourse to arbitration pursuant to Chapter XIV.1 in order to determine who is entitled to the surplus assets and what share of that surplus is due to them.
As soon as the pension committee becomes aware of one of the situations authorizing the employer, the certified association and, where applicable, a member or beneficiary to have recourse to arbitration, it shall advise each such party. If no party applies for arbitration within 60 days after the occurrence of the situation, the pension committee shall prepare an application requesting an arbitrator to determine the allocation and, where applicable, the distribution of the surplus assets and to proceed in accordance with section 243.7; moreover, in that case, the employer is deemed to have waived entitlement to any portion of surplus assets whose allocation has not been determined by an agreement or a declaration made under section 230.1.
The interested parties referred to in the first paragraph or the pension committee may have recourse to arbitration in order to obtain a determination on any difficulty in interpreting or implementing an agreement or a declaration made under in section 230.1.
The arbitrator or arbitrators seized of a matter may, of his or their own initiative or on application, and after giving the interested persons the opportunity to present their points of view, decide that an agreement or declaration made under section 230.1 is prejudicial to the rights of any employer, member or beneficiary not affected by the agreement or declaration and that as a result all or part of it may not be set up against him. He or they may also, in such a case and notwithstanding the provisions of such an agreement or declaration, fix the share of the surplus assets to be paid to the employer, to the members and to the beneficiaries affected by the agreement or declaration.
1992, c. 60, s. 34; 1994, c. 24, s. 20; 2000, c. 41, s. 143.