R-15.1, r. 8 - Regulation respecting the exemption of certain pension plans from the application of provisions of the Supplemental Pension Plans Act

Section 14.14 Disposition versions

2012-09-01

14.14. In respect of service completed prior to 1 January 2010, Kruger Inc. shall be solidarily liable with Papiers de publication Kruger Inc. for obligations arising from a pension plan under paragraphs 1 to 3 of section 14.9.

In addition to the information prescribed in section 14 of the Supplemental Pension Plans Act (chapter R-15.1), the plan text shall contain a mention of the provision provided for in the first, fifth and sixth paragraphs.

No dividend shall be paid from the sale or assignation of any Kruger Inc. assets, whether those assets are sold or assigned in whole or in part, during such time that the weighted average of the degrees of solvency of the pension plans under section 14.9 remains below 90%, and, unless Kruger Inc. provides another acceptable guarantee, Kruger Inc. shall not proceed to distribute any revenue thus procured in any manner whatsoever, including by:

(1)  declaring or paying any other dividends, or buying back stock shares or other securities;

(2)  repaying any advance or loan to Kruger Inc. shareholders;

(3)  declaring any bonus or other type of payment to the shareholders;

Kruger Inc. or any corporation held directly or indirectly by Kruger Inc. may buy back any capital stock and pay any dividends on any type of share held by a Crown corporation, in particular:

(1)  further to the conversion of loans granted by a Crown corporation to any corporation held directly or indirectly by Kruger Inc. into shares of any type in Kruger Inc.;

(2)  further to the conversion of shares of any type in any corporation held directly or indirectly by Kruger Inc. into shares of any type in Kruger Inc.

Kruger Inc. shall be discharged from solidary liability in respect of a pension plan referred to in paragraphs 1 to 3 of section 14.9 where:

(1)  the plan becomes solvent with regard to the obligations referred to in the first paragraph;

(2)  an external expert designated and mandated by the Régie, whose fees shall be assumed by Kruger Inc., shows that the employer is able to assume the obligations relative to the plan where, as the case may be:

(a)  Papiers de publication Kruger Inc. merges with a corporation that is not held, whether directly or indirectly, by Kruger Inc.;

(b)  shares in Papiers de publication Kruger Inc. are transferred to a corporation that is not held, whether directly or indirectly, by Kruger Inc.;

(c)  a plan is transferred to a corporation that is not held, whether directly or indirectly, by Kruger Inc.

In the case provided for in subparagraph c of paragraph 2 of the fifth paragraph, Kruger Inc. shall also be discharged from solidary liability in respect of a pension plan referred to in paragraphs 1 to 3 of section 14.9 provided Kruger Inc. pays to the plan an amount corresponding to the difference between the amortization payments that should have been made in accordance with the Act and the amount paid in accordance with the provisions of this Division. That amount shall not exceed the amount required for the part of the plan related to the obligations under the first paragraph to be solvent.

O.C. 200-2012, s. 1.