R-15.1, r. 7 - Regulation respecting the exemption of certain categories of pension plans from the application of provisions of the Supplemental Pension Plans Act

Section 8 Disposition versions

2016-01-01

8. A defined contribution pension plan that fulfills the conditions prescribed in this section and in sections 9 to 19 is called a “simplified pension plan”. It is exempted from the application of the Act except with respect to the following provisions:

— Application and interpretation – sections 1 to 5;

— Nature of a pension plan – section 6, the first paragraph of section 7 and sections 11 and 12;

— Establishment and effective date – section 13, the first paragraph and subparagraphs 11, 13 and 15 of the second paragraph of section 14 and sections 16 and 18;

— Amendment – section 19, the first paragraph of section 22 and section 23;

— Registration – the first paragraph and subparagraphs 1, 6 and 7 of the second paragraph of section 24 and sections 25 to 32, it being understood that section 26 does not apply with respect to an employer who joins the plan and that it applies only to members who are affected by an amendment, to members who cease to be members of the plan in the event of a division and to members of a plan that is absorbed in the event of a merger;

— Membership – section 33, except the third paragraph, and sections 34 to 36;

— Contributions – sections 37, 38, 41 and 43, section 44, except subparagraphs 1 to 3 of the first paragraph and the third paragraph, sections 45.1 to 47 and sections 49 to 53;

— Refunds and pension benefits – sections 54, 55, 57, 63.1, 64 and 68, the first paragraph of section 73, section 85, restricting the application of the second paragraph to the spouse who has spousal status on the day preceding the death of the member, and section 92;

— Transfers of benefits and assets – the third paragraph of section 98, the fourth paragraph of section 99 and section 103;

— Transfer of benefits between spouses – sections 107 to 110.1;

— Information to members – section 111, section 112, with the exception of paragraph 2 of the first paragraph and the second paragraph, it being understood that the first sentence of the first paragraph applies only to members in the service of the employer affected by the amended provisions, the first and third paragraphs of section 113 and section 115;

— Administration – sections 150 to 154, the second paragraph of section 155, section 156.1, the first paragraph of section 158, section 159 with respect to the delegatee of the financial institution that administers the plan, sections 161 and 163 to 165, section 171, sections 174 to 176, paragraphs 2 and 3 of section 177 and sections 178 to 193;

— Division and merger – section 197;

— Proceeding before the Administrative Tribunal – section 243;

— Regulations, functions and powers of Retraite Québec – section 244, as well as sections 245 to 263;

— Miscellaneous and transitional provisions – section 264, with the understanding that the second paragraph thereof applies only with respect to the contributions and other sums credited to the locked-in account of the member, as well as sections 282, 285, 312, 319 and 321.

O.C. 657-94, s. 1; O.C. 1151-2002, s. 7; O.C. 436-2004, s. 2; O.C. 1052-2012, s. 1.

2012-12-13

8. A defined contribution pension plan that fulfills the conditions prescribed in this section and in sections 9 to 19 is called a “simplified pension plan”. It is exempted from the application of the Act except with respect to the following provisions:

— Application and interpretation – sections 1 to 5;

— Nature of a pension plan – section 6, the first paragraph of section 7 and sections 11 and 12;

— Establishment and effective date – section 13, the first paragraph and subparagraphs 11, 13 and 15 of the second paragraph of section 14 and sections 16 and 18;

— Amendment – section 19, the first paragraph of section 22 and section 23;

— Registration – the first paragraph and subparagraphs 1, 6 and 7 of the second paragraph of section 24 and sections 25 to 32, it being understood that section 26 does not apply with respect to an employer who joins the plan and that it applies only to members who are affected by an amendment, to members who cease to be members of the plan in the event of a division and to members of a plan that is absorbed in the event of a merger;

— Membership – section 33, except the third paragraph, and sections 34 to 36;

— Contributions – sections 37, 38, 41 and 43, section 44, except subparagraphs 1 to 3 of the first paragraph and the third paragraph, sections 45.1 to 47 and sections 49 to 53;

— Refunds and pension benefits – sections 54, 55, 57, 63.1, 64 and 68, the first paragraph of section 73, section 85, restricting the application of the second paragraph to the spouse who has spousal status on the day preceding the death of the member, and section 92;

— Transfers of benefits and assets – the third paragraph of section 98, the fourth paragraph of section 99 and section 103;

— Transfer of benefits between spouses – sections 107 to 110.1;

— Information to members – section 111, section 112, with the exception of paragraph 2 of the first paragraph and the second paragraph, it being understood that the first sentence of the first paragraph applies only to members in the service of the employer affected by the amended provisions, the first and third paragraphs of section 113 and section 115;

— Administration – sections 150 to 154, the second paragraph of section 155, section 156.1, the first paragraph of section 158, section 159 with respect to the delegatee of the financial institution that administers the plan, sections 161 and 163 to 165, section 171, sections 174 to 176, paragraphs 2 and 3 of section 177 and sections 178 to 193;

— Division and merger – section 197;

— Proceeding before the Administrative Tribunal – section 243;

— Regulations, functions and powers of the Régie – section 244, as well as sections 245 to 263;

— Miscellaneous and transitional provisions – section 264, with the understanding that the second paragraph thereof applies only with respect to the contributions and other sums credited to the locked-in account of the member, as well as sections 282, 285, 312, 319 and 321.

O.C. 657-94, s. 1; O.C. 1151-2002, s. 7; O.C. 436-2004, s. 2; O.C. 1052-2012, s. 1.

2012-09-01

8. A defined contribution pension plan that fulfills the conditions prescribed in this section and in sections 9 to 19 is called a “simplified pension plan”. It is exempted from the application of the Act except with respect to the following provisions:

— Application and interpretation – sections 1 to 5;

— Nature of a pension plan – section 6, the first paragraph of section 7 and sections 11 and 12;

— Establishment and effective date – section 13, the first paragraph and subparagraphs 11, 13 and 15 of the second paragraph of section 14 and sections 16 and 18;

— Amendment – section 19, the first paragraph of section 22 and section 23;

— Registration – the first paragraph and subparagraphs 1, 6 and 7 of the second paragraph of section 24 and sections 25 to 32, it being understood that section 26 does not apply with respect to an employer who joins the plan and that it applies only to members who are affected by an amendment, to members who cease to be members of the plan in the event of a division and to members of a plan that is absorbed in the event of a merger;

— Membership – section 33, except the third paragraph, and sections 34 to 36;

— Contributions – sections 37, 38, 41 and 43, section 44, except subparagraphs 1 to 3 of the first paragraph and the third paragraph, sections 45.1 to 47 and sections 49 to 53;

— Refunds and pension benefits – sections 54, 55, 57, 63.1, 64 and 68, the first paragraph of section 73, section 85, restricting the application of the second paragraph to the spouse who has spousal status on the day preceding the death of the member, and section 92;

— Transfers of benefits and assets – the third paragraph of section 98, the fourth paragraph of section 99 and section 103;

— Transfer of benefits between spouses – sections 107 to 110.1;

— Information to members – section 111, section 112, with the exception of paragraph 2 of the first paragraph and the second paragraph, it being understood that the first sentence of the first paragraph applies only to members in the service of the employer affected by the amended provisions, the first and third paragraphs of section 113 and section 115;

— Administration – sections 150 to 154, the second paragraph of section 155, section 156.1, the first paragraph of section 158, section 159 with respect to the delegatee of the financial institution that administers the plan, sections 161 and 163 to 165, section 171, sections 174 to 176, paragraphs 2 and 3 of section 177 and sections 178 to 193;

— Division and merger – section 197;

— Review – sections 241 to 243;

— Regulations, functions and powers of the Régie – section 244, except subparagraphs 3 to 3.2, 5, 8, 8.5, 12.0.1 and 12.1 of the first paragraph, as well as sections 245 to 263;

— Miscellaneous and transitional provisions – section 264, with the understanding that the second paragraph thereof applies only with respect to the contributions and other sums credited to the locked-in account of the member, as well as sections 282, 285, 312, 319 and 321.

O.C. 657-94, s. 1; O.C. 1151-2002, s. 7; O.C. 436-2004, s. 2.