R-17 - Act respecting supplemental pension plans

Section 43.2 Disposition versions

1988-12-23

43.2. Without prejudice to any other recourse, any interested person may contest any act performed by the administrator or employer in contravention of the provisions of section 43.1 or of an order issued under such section if such act was performed with intent to defraud the trust patrimony constituted by the retirement fund of the plan; any act performed in contravention of those provisions is deemed to be performed with intent to defraud, until proof to the contrary.

The administrator, or any person mandated by him or to whom he delegates all or part of his functions, shall be accountable for any amount paid in contravention of section 43 or 43.1, or an order issued pursuant to section 43.1. Where the administrator or the recipient of the mandate or delegation is a legal person, the members of the board of directors of that legal person who have consented to the illegal payment shall be jointly and severally accountable for such amounts.

1988, c. 79, s. 4.