R-15.1 - Supplemental Pension Plans Act

Section 34 Disposition versions

2001-01-01

34. Unless another plan providing similar benefits in which he is eligible for membership is established, an employee is entitled to become a member of a pension plan, on the same conditions as those applicable to other members, if his employment is similar or identical to that of members belonging to the class of employees for whom the plan is established and if, in the calendar year preceding his application for membership, he met either of the following requirements:

(1)  he received from the employer a remuneration equal to or greater than 35% of the Maximum Pensionable Earnings, established for the reference year in accordance with the Act respecting the Québec Pension Plan (chapter R‐9);

(2)  he completed at least 700 hours of employment with the employer.

The optional or compulsory nature of the membership does not constitute a requirement for the purposes of the first paragraph.

Where an employee has been employed by two or more employers participating in a multi-employer pension plan, the minimum remuneration required shall be determined on the basis of the overall remuneration from, or the overall hours of work for, each of the participating employers, in either of the following cases:

(1)  the employees eligible for membership in the plan are governed by the same collective agreement or arbitration award in lieu thereof;

(2)  the participating employers are a parent company and its subsidiaries or subsidiaries of the same parent company.

1989, c. 38, s. 34; 2000, c. 41, s. 20.

1999-04-01

34. Unless another plan providing similar benefits in which he is eligible for membership is established, an employee is entitled to become a member of a pension plan — and is required to do so in the case of a compulsory plan — if his employment is similar or identical to that of members belonging to the class of employees for whom the plan is established and if, in the calendar year preceding his application for membership, he met either of the following requirements:

(1)  he received from the employer a remuneration equal to or greater than 35 % of the Maximum Pensionable Earnings, established for the reference year in accordance with the Act respecting the Québec Pension Plan (chapter R-9);

(2)  he completed at least 700 hours of employment with the employer.

Where an employee has been employed by two or more employers participating in a multi-employer pension plan, the minimum remuneration required shall be determined on the basis of the overall remuneration from, or the overall hours of work for, each of the participating employers, in either of the following cases:

(1)  the employees eligible for membership in the plan are governed by the same collective agreement or arbitration award in lieu thereof;

(2)  the participating employers are a parent company and its subsidiaries or subsidiaries of the same parent company.

1989, c. 38, s. 34.