R-15.1 - Supplemental Pension Plans Act

Section 204 Disposition versions

2018-02-22

204. Except if termination is precluded by agreement or the pension plan is a plan rendered compulsory by an order or decree which does not authorize termination, an employer — or, in the case of a multi-employer pension plan, even not considered as such under section 11, the employers jointly, — may terminate the plan by means of a written notice of termination to the members and beneficiaries affected, to every certified association representing members, to the pension committee and, where applicable, to the insurer.

The notice shall indicate the date of termination. That date may in no case be subsequent to the day preceding the day on which the benefits of the last member or beneficiary under the plan have been paid in full. Moreover, unless every member whose active membership in the plan is to cease upon the termination of the plan consents thereto in writing, the date of termination may not precede the date on which member contributions cease to be collected or the date occurring 30 days before the date on which the notice of termination is given to the active members.

1989, c. 38, s. 204; 1992, c. 60, s. 20; 2000, c. 41, s. 114; 2018, c. 2, s. 120.

2001-01-01

204. Except if termination is precluded by agreement or the pension plan is a plan rendered compulsory by an order or decree which does not authorize termination, an employer — or, in the case of a multi-employer pension plan, even not considered as such under section 11, the employers jointly, — may terminate the plan by means of a written notice of termination to the members and beneficiaries affected, to every certified association representing members, to the pension committee and, where applicable, to the insurer.

The notice shall indicate the date of termination and the names of the members and beneficiaries affected. The date of termination may in no case be subsequent to the day preceding the day on which the benefits of the last member or beneficiary under the plan have been paid in full. Moreover, unless every member whose active membership in the plan is to cease upon or after the termination of the plan consents thereto in writing, the date of termination may not precede the date on which member contributions cease to be collected or the date occurring 30 days before the date on which the notice of termination is given to the active members.

1989, c. 38, s. 204; 1992, c. 60, s. 20; 2000, c. 41, s. 114.

1999-04-01

204. In the event of total termination of a pension plan, or partial termination affecting all members whose rights are governed by this Act, or if the Régie so orders, the pension committee shall also, within 30 days after transmission of the statements referred to in section 203, cause to be published in a newspaper circulated in the region in Québec where the greatest number of active members reside, a notice inviting any person who has not received the statement provided for in section 203 and who believes that he is entitled to benefits under the plan or under this Act, to assert his rights with the committee or the Régie within 30 days after the publication.

In the case of a multi-employer pension plan, even a plan not considered as such pursuant to section 11, the notice shall be published for each employer that is a party to the plan in the region in Québec where the greatest number of members employed by that employer reside.

1989, c. 38, s. 204; 1992, c. 60, s. 20.

1990-01-01

204. In the event of total termination of a pension plan, or partial termination affecting all members whose rights are governed by this Act, or if the Régie so orders, the pension committee shall also, within 30 days after receiving the notice of conformity, cause to be published in a newspaper circulated in the region in Québec where the greatest number of active members reside, a notice inviting any person who has not received the statement provided for in section 203 and who believes that he is entitled to benefits under the plan or under this Act, to assert his rights with the committee or the Régie within 30 days after the publication.

In the case of a multi-employer pension plan, even a plan not considered as such pursuant to section 11, the notice shall be published for each employer that is a party to the plan in the region in Québec where the greatest number of members employed by that employer reside.

Subject to the provisions of section 238, failure by any person to assert any right he claims under the plan within the prescribed time shall deprive that person of the right to claim payment of the corresponding benefits out of the assets of the plan unless that person shows, before the payment of the benefits of the affected members or beneficiaries begins, that it was impossible for him to act sooner or that he did not receive the aforementioned statement for a reason outside his control.

1989, c. 38, s. 204.