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 9 Disposition versions

2016-01-01

9. The Supplemental Pension Plan for Employees of the Québec Construction Industry, registered with Retraite Québec under number 25299, is, on the conditions set forth hereinafter, exempted from the application of the following provisions:

(1)  subparagraph 13 of the second paragraph of section 14, subparagraph 3 of the second paragraph of section 24, sections 26, 48, 51, 60.1, 66.1, 69.1, 77, 89.1, 91.1 and 92.1, the third paragraph of section 99, sections 166 and 198 to 203 of the Supplemental Pension Plans Act (chapter R-15.1);

(2)  section 44 of the Act, provided any contribution referred to therein bears interest, from the first day of the month following the one in which it must be paid into the pension fund, at the rate of return obtained on the investment of the assets credited to the account to which it must be paid, or in the case of a member contribution that must be paid to the general account, at the rate obtained monthly on 5-year personal term deposits in chartered banks, as compiled by the Bank of Canada;

(3)  section 66 of the Act, provided a member who ceased to be an active member but who is not entitled to a pension benefit is entitled to the refund of his member contributions, with accrued interest;

(4)  section 69 of the Act, provided that every member who ceases to be an active member after having accumulated at least 2,800 hours worked as an active member is entitled to a deferred pension at least equal to the sum of the basic pension from the general account and the pension related to his complementary account;

(5)  the first paragraph of section 71 of the Act, provided every member who ceases to be an active member after having accumulated at least 2,800 hours worked as an active member and whose period of continuous service ended within the 10 years preceding the date on which he reaches the normal retirement age is entitled to an early pension;

(6)  section 78 of the Act, provided the member is entitled to the refund of all the contributions paid in his behalf during the postponement period;

(7)  the third paragraph of section 87 and the provisions of the first paragraph of section 88.1 of the Act that allow the spouse of a member to waive the benefits granted him under section 87 of the Act, provided the said spouse has the right to waive, to the benefit of such member, the right to receive a portion of the pension provided for in the second paragraph of section 87;

(8)  the provisions of the first paragraph of section 88.1 of the Act that allow the spouse of a member to renounce the rights accorded to said spouse pursuant to section 86 of the Act;

(9)  the second sentence of the first paragraph of section 99 of the Act but only to allow further restriction of the transfer right of a member who is entitled to an early pension;

(10)  section 112 of the Act, provided the Commission de la construction du Québec transmits:

(a)  within nine months following the end of each of the Plan’s fiscal year, to each active member, a statement containing the information referred to in section 112 of the Act and, where appropriate, the notice provided for in the second paragraph of that section;

(b)  every five years, to each non-active member and beneficiary, a statement and a notice containing information similar to that contained, respectively, in the statement and notice provided for in subparagraph a, which applies with the necessary modifications;

(11)  the third paragraph of section 299 of the Act, with respect to the right of the spouse of a member to renounce the pension benefit referred to therein;

(12)  section 15 of the Regulation respecting supplemental pension plans (chapter R-15.1, r. 6), provided the Commission has made with Retraite Québec an agreement related to the application of section 165 of the Act and provided such agreement is in effect;

(13)  the provisions of Division V of the Regulation that prescribe the determination in months of the period between 2 dates, provided such determination is made on the basis of the hours worked credited to the worker between those dates;

(14)  sections 56.2 to 59.0.2 of the Regulation, provided the information provided for in sections 57, 58, excluding the information provided for in subparagraph n of paragraph 5 of that section, and 59 of the Regulation as it read on 30 December 2002 is provided to those concerned thereby;

(15)  subparagraphs b and c of subparagraph 8 of section 58 as well as subparagraphs e and f of subparagraph 4 of section 59 of the Regulation, provided the information provided for by those provisions are provided to the applicant for a refund or transfer of his benefits or the payment of a pension benefit.

O.C. 415-2004, s. 9.

2012-09-01

9. The Supplemental Pension Plan for Employees of the Québec Construction Industry, registered with the Régie under number 25299, is, on the conditions set forth hereinafter, exempted from the application of the following provisions:

(1)  subparagraph 13 of the second paragraph of section 14, subparagraph 3 of the second paragraph of section 24, sections 26, 48, 51, 60.1, 66.1, 69.1, 77, 89.1, 91.1 and 92.1, the third paragraph of section 99, sections 166 and 198 to 203 of the Supplemental Pension Plans Act (chapter R-15.1);

(2)  section 44 of the Act, provided any contribution referred to therein bears interest, from the first day of the month following the one in which it must be paid into the pension fund, at the rate of return obtained on the investment of the assets credited to the account to which it must be paid, or in the case of a member contribution that must be paid to the general account, at the rate obtained monthly on 5-year personal term deposits in chartered banks, as compiled by the Bank of Canada;

(3)  section 66 of the Act, provided a member who ceased to be an active member but who is not entitled to a pension benefit is entitled to the refund of his member contributions, with accrued interest;

(4)  section 69 of the Act, provided that every member who ceases to be an active member after having accumulated at least 2,800 hours worked as an active member is entitled to a deferred pension at least equal to the sum of the basic pension from the general account and the pension related to his complementary account;

(5)  the first paragraph of section 71 of the Act, provided every member who ceases to be an active member after having accumulated at least 2,800 hours worked as an active member and whose period of continuous service ended within the 10 years preceding the date on which he reaches the normal retirement age is entitled to an early pension;

(6)  section 78 of the Act, provided the member is entitled to the refund of all the contributions paid in his behalf during the postponement period;

(7)  the third paragraph of section 87 and the provisions of the first paragraph of section 88.1 of the Act that allow the spouse of a member to waive the benefits granted him under section 87 of the Act, provided the said spouse has the right to waive, to the benefit of such member, the right to receive a portion of the pension provided for in the second paragraph of section 87;

(8)  the provisions of the first paragraph of section 88.1 of the Act that allow the spouse of a member to renounce the rights accorded to said spouse pursuant to section 86 of the Act;

(9)  the second sentence of the first paragraph of section 99 of the Act but only to allow further restriction of the transfer right of a member who is entitled to an early pension;

(10)  section 112 of the Act, provided the Commission de la construction du Québec transmits:

(a)  within nine months following the end of each of the Plan’s fiscal year, to each active member, a statement containing the information referred to in section 112 of the Act and, where appropriate, the notice provided for in the second paragraph of that section;

(b)  every five years, to each non-active member and beneficiary, a statement and a notice containing information similar to that contained, respectively, in the statement and notice provided for in subparagraph a, which applies with the necessary modifications;

(11)  the third paragraph of section 299 of the Act, with respect to the right of the spouse of a member to renounce the pension benefit referred to therein;

(12)  section 15 of the Regulation respecting supplemental pension plans (chapter R-15.1, r. 6), provided the Commission has made with the Régie an agreement related to the application of section 165 of the Act and provided such agreement is in effect;

(13)  the provisions of Division V of the Regulation that prescribe the determination in months of the period between 2 dates, provided such determination is made on the basis of the hours worked credited to the worker between those dates;

(14)  sections 56.2 to 59.0.2 of the Regulation, provided the information provided for in sections 57, 58, excluding the information provided for in subparagraph n of paragraph 5 of that section, and 59 of the Regulation as it read on 30 December 2002 is provided to those concerned thereby;

(15)  subparagraphs b and c of subparagraph 8 of section 58 as well as subparagraphs e and f of subparagraph 4 of section 59 of the Regulation, provided the information provided for by those provisions are provided to the applicant for a refund or transfer of his benefits or the payment of a pension benefit.

O.C. 415-2004, s. 9.