R-15.1 - Supplemental Pension Plans Act

Section 146.4 Disposition versions

2016-01-01

146.4. For the purposes of the consultation, the pension committee shall send every member and beneficiary of the plan a written notice which, in addition to containing the information required under subparagraph 1 of the first paragraph of section 26, indicates

(1)  the plan provisions relating to the allocation or appropriation of surplus assets in force on the date of the notice;

(2)  the text of the plan provisions arising from the amendment; and

(3)  any other information prescribed by regulation.

The notice must also inform the members and beneficiaries that they may notify the pension committee in writing of their opposition to the proposed amendment to the plan provisions within 60 days after the notice is sent or, as applicable, after the date on which the notice required under the third paragraph is published, whichever is later.

Unless all members and beneficiaries have been personally advised, the pension committee must also publish a notice of the proposed amendment in a daily newspaper circulated in the region in Québec where the greatest number of active members reside. The notice must also specify that persons who have not received a personal notice but believe they must be consulted may declare their status to the pension committee within 60 days after the notice is published and that, if they are able to establish their status, they are entitled to receive a copy of the notice required under the second paragraph and, if applicable, to notify the committee in writing of their opposition to the proposed amendment.

The notice given under this section is considered to be the notice referred to in section 26.

2000, c. 41, s. 84; 2006, c. 42, s. 15; 2015, c. 29, s. 27.

2010-01-01

146.4. The employer’s right to appropriate all or part of the surplus assets of a pension plan 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 be confirmed by an amendment made to the plan in accordance with section 146.5. However, no such amendment may be made while an application for union certification involving members of the plan is pending; if the application is granted, the prohibition is extended to the date of signature of the first collective agreement.

If an amendment referred to in the first paragraph is related to the appropriation of a plan’s surplus assets to the payment of the value of the additional obligations arising from any amendment to the plan, it may apply only to a pension plan effective on 31 December 2009 or to a pension plan resulting from the division after that date of a pension plan that was effective on that date.

In addition, if the amendment is related to the appropriation of a plan’s surplus assets to the payment of employer contributions, it may apply only to a pension plan effective on 31 December 2000 or to a pension plan resulting from the division after that date of a pension plan that was effective on that date.

2000, c. 41, s. 84; 2006, c. 42, s. 15.

2001-01-01

146.4. The employer’s right to appropriate to the payment of employer contributions all or part of the surplus assets of a pension plan that is effective on 31 December 2000 or of a pension plan resulting from the division after that date of a pension plan that was effective on that date may be confirmed by an amendment made to the plan in accordance with section 146.5. However, no such amendment may be made while an application for union certification involving members of the plan is pending; if the application is granted, the prohibition is extended to the date of signature of the first collective agreement.

2000, c. 41, s. 84.