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R-15.1 - Supplemental Pension Plans Act
Section 306.9
Disposition versions
306.9. Except in the case of a pension plan resulting from the division of a pension plan that was not amended pursuant to section 146.5, the provisions of a pension plan that comes into force after 31 December 2009 pertaining to the employer’s right to appropriate all or part of the surplus assets to the payment of the value of the additional obligations arising from any amendment to the plan and those of a pension plan that comes into force after 31 December 2000 pertaining to the employer’s right to appropriate all or part of the surplus assets to the payment of employer contributions prevail over any other provision of the plan or of an agreement and are binding on every party having rights or obligations under the plan.
No amendment to a pension plan resulting from the division of a pension plan that was amended under section 146.5 in relation to the employer’s right to appropriate all or part of the surplus assets to the payment of the value of the additional obligations arising from any amendment to the plan or to the payment of employer contributions may pertain to the subject of that amendment unless all the requirements set out in the first paragraph of section 146.5 and in section 146.6 are satisfied.
306.9. Except in the case of a pension plan resulting from the division of a pension plan that was not amended pursuant to section 146.5, the provisions of a pension plan that comes into force after 31 December 2000 pertaining to the employer’s right to appropriate all or part of the surplus assets to the payment of employer contributions prevail over any other provision of the plan or of an agreement and are binding on every party having rights or obligations under the plan.
No amendment of a pension plan resulting from the division of a pension plan that was amended pursuant to section 146.5 may pertain to the employer’s right to appropriate all or some of the surplus assets to the payment of employer contributions unless all the requirements set out in the first paragraph of section 146.5 and in section 146.6 are satisfied.
