R-15.1 - Supplemental Pension Plans Act

Section 240.2 Disposition versions

2016-01-01

240.2. The members whose active membership ended three years or less before the date of termination of the plan and whose rights were satisfied before that date shall remain members, notwithstanding the provisions of the second paragraph of section 33, for the sole purpose of the apportionment of any surplus assets which may be made pursuant to this Act.

Whenever the first paragraph must be applied, the notice required under section 207.4 must also state the rules set out in this section.

1992, c. 60, s. 36; 1994, c. 24, s. 22; 2000, c. 41, s. 151; 2015, c. 29, s. 64.

2001-01-01

240.2. The members whose active membership ended three years or less before the date of termination of the plan and whose rights were satisfied before that date shall remain members, notwithstanding the provisions of the second paragraph of section 33, for the sole purpose of the apportionment of any surplus assets which may be made pursuant to this Act.

Whenever the provisions of the first paragraph must be applied, the notice required to be published under the second paragraph of section 230.4 must set out the rules established by this section, unless all members and beneficiaries who may have rights under the pension plan or under this Act have been personally advised. However, where a case has been referred to arbitration under section 230.7 without publication of the notice, the pension committee shall, upon being informed of the referral to arbitration, cause to be published in a daily newspaper circulated in the region of Québec where the greatest number of members who were active at the date of termination reside, a notice setting out the application for arbitration together with the rule established by this section, and informing interested parties that, until the matter is taken under advisement, they are entitled to assert their rights with the pension committee. A copy of the public notice must be sent without delay to the Régie.

1992, c. 60, s. 36; 1994, c. 24, s. 22; 2000, c. 41, s. 151.

1999-04-01

240.2. The members affected by the partial termination of a pension plan whose benefits were paid in full on that occasion or subsequently shall remain members, notwithstanding the provisions of the second paragraph of section 33, for the sole purpose of the apportionment of any surplus assets which may be made pursuant to this Act.

However, if the date of partial termination precedes the date of total termination of the plan by seven years or more, the members whose benefits have been paid shall retain their status as members for the said purpose only if they assert their rights with the pension committee within the prescribed time limits.

Whenever the provisions of the second paragraph must be applied, the notice required to be published under the second paragraph of section 230.4 must set out the rules established by this section. However, where a case has been referred to arbitration under section 230.7 without publication of the notice, the pension committee shall, upon being informed of the referral to arbitration, cause to be published in a newspaper circulated in the region of Québec where the greatest number of members who were active at the date of termination reside, a notice setting out the application for arbitration together with the rule established by this section, and informing interested parties that, until the matter is taken under advisement, they are entitled to assert their rights with the pension committee. A copy of the public notice must be sent without delay to the Régie.

The Régie may, however, exempt the pension committee from the obligation to publish the notice if it is attested in writing that all members and beneficiaries who may be entitled to assert rights under the plan or under this Act have been notified personally.

1992, c. 60, s. 36; 1994, c. 24, s. 22.

1993-01-01

240.2. The members affected by the partial termination of a pension plan whose benefits were paid in full on that occasion or subsequently shall remain members, notwithstanding the provisions of the second paragraph of section 33, for the sole purpose of the apportionment of any surplus assets which may be made pursuant to this Act.

1992, c. 60, s. 36.