111. Surplus assets can be appropriated, as the case may be:(1) if they are appropriated for the indexation of pensions, once the plan is fully funded;
(2) where the plan is fully funded and solvent and only if pensions are fully indexed for any of the purposes provided for in the plan under paragraph 2 of section 110.
In the case referred to in subparagraph 1 of the first paragraph, the maximum amount of surplus assets that can be used is equal to the amount of surplus assets determined on a funding basis and, in the case referred to in subparagraph 2 of the first paragraph, to the lesser amount of surplus assets determined on a funding basis and those determined on a solvency basis, established on the date of the actuarial valuation and taking into account, if applicable, the previous appropriation of the surplus assets to the indexation of pensions.
1535-2024O.C. 1535-2024, s. 271.