R-15.1 - Supplemental Pension Plans Act

Section 14 Disposition versions

2020-12-11

14. Unless an extension is granted by Retraite Québec, any person who establishes a pension plan shall set it down in writing not later than 90 days after the day on which the plan becomes effective.

The text of the plan shall indicate

(1)  the name of the employer who is a party to the plan:

(2)  the number of members required to constitute the pension committee responsible for the administration of the plan, together with the conditions and time limits applicable to the designation or replacement of the members;

(3)  the requirements for membership and withdrawal;

(4)  the contributory or non-contributory nature of the plan;

(5)  the optional or compulsory nature of membership in the plan;

(6)  in the case of a multi-employer pension plan, the conditions for participation and for withdrawal of an employer;

(7)  the normal retirement age;

(8)  where the plan is guaranteed, the name of the insurer;

(9)  the member and employer contributions, or the method used for calculating the contributions;

(9.1)  except for a target benefit plan, whether or not the members contribute to amortization payments and, if applicable, the method for calculating them;

(10)  in the case of a defined benefit plan or a target benefit plan, the normal pension or the method used for calculating the normal pension;

(10.1)  in the case of a target benefit plan, that the normal pension and the other benefits provided for in the plan constitute the benefit target and that that pension and those benefits may be reduced due to insufficient contributions;

(11)  the nature of the refunds and pension benefits, the method used for calculating benefits or refunds, if any, and the conditions to be met to be entitled thereto;

(12)  if applicable, the powers under which the pension committee is authorized to transfer benefits accumulated by a member under the plan or any asset of the plan to another plan, and the rules applicable to such a transfer;

(12.1)  if applicable, the powers under which the pension committee is authorized to make the final payment of all or part of the benefits of a member or beneficiary by purchasing an annuity from an insurer under the conditions provided for by the plan’s annuity purchasing policy, and the rules applicable to such a payment;

(13)  the effective date of the plan;

(14)  the fiscal year of the plan;

(15)  the conditions on which and the person or persons by whom the plan may be amended and, in the case of a target benefit plan, the conditions on which and the person or persons by whom the plan may be terminated;

(15.1)  in the case of a target benefit plan, the recovery measures applicable in the event of insufficient contributions, their objective and the conditions and procedure for applying them, in accordance with the rules set out in Division IV of Chapter X.3;

(15.2)  in the case of a target benefit plan, the conditions and procedure for restoring benefits that have been reduced, in accordance with the rules set out in Division V of Chapter X.3;

(16)  except for a target benefit plan, the conditions and procedure for allocating surplus assets or, in the case of a pension plan to which Chapter X applies, the balance of surplus assets referred to in the third paragraph of section 230.2, in the event of termination of the plan;

(16.1)  (subparagraph replaced);

(17)  in the case of a pension plan to which Chapter X applies, except a target benefit plan, the conditions and procedure for appropriating all or part of the surplus assets referred to in section 146.8 and, if different, the conditions and procedure for appropriating all or part of the balance of surplus assets referred to in the third paragraph of that section, according to one or a combination of the following appropriation methods:

(a)  the payment of employer current service contributions;

(b)  the payment of member current service contributions;

(c)  the payment of the value of the additional obligations arising from an amendment to the plan, in which case the nature of the amendments that may give rise to such an appropriation must be indicated; and

(d)  the transfer of amounts to the employer;

(18)  in the cases referred to in section 146.9.2, the conditions and procedure for appropriating all or part of the surplus assets, either to the payment of employer contributions, to the payment of the value of additional obligations arising from an amendment to the plan or to a combination of these appropriation methods and, if applicable, the nature of the amendments that may be the object of such an appropriation;

(19)  in the case of a target benefit plan, the conditions and procedure for appropriating all or part of surplus assets referred to in subdivision 2 of Division II of Chapter X.1.

1989, c. 38, s. 14; 1992, c. 60, s. 1; 2000, c. 41, s. 4; 2006, c. 42, s. 1; 2015, c. 20, a. 61; 2015, c. 29, s. 1; 2018, c. 2, s. 94; 2020, c. 30, s. 3.

2018-02-22

14. Unless an extension is granted by Retraite Québec, any person who establishes a pension plan shall set it down in writing not later than 90 days after the day on which the plan becomes effective.

The text of the plan shall indicate

(1)  the name of the employer who is a party to the plan:

(2)  the number of members required to constitute the pension committee responsible for the administration of the plan, together with the conditions and time limits applicable to the designation or replacement of the members;

(3)  the requirements for membership and withdrawal;

(4)  the contributory or non-contributory nature of the plan;

(5)  the optional or compulsory nature of membership in the plan;

(6)  in the case of a multi-employer pension plan, the conditions for participation and for withdrawal of an employer;

(7)  the normal retirement age;

(8)  where the plan is guaranteed, the name of the insurer;

(9)  the member and employer contributions, or the method used for calculating the contributions;

(9.1)  whether or not the members contribute to amortization payments and, if applicable, the method for calculating them;

(10)  in the case of a defined benefit plan or a defined benefit-defined contribution pension plan, the normal pension or the method used for calculating the normal pension;

(11)  the nature of the refunds and pension benefits, the method used for calculating benefits or refunds, if any, and the conditions to be met to be entitled thereto;

(12)  if applicable, the powers under which the pension committee is authorized to transfer benefits accumulated by a member under the plan or any asset of the plan to another plan, and the rules applicable to such a transfer;

(12.1)  if applicable, the powers under which the pension committee is authorized to make the final payment of all or part of the benefits of a member or beneficiary by purchasing an annuity from an insurer under the conditions provided for by the plan’s annuity purchasing policy, and the rules applicable to such a payment;

(13)  the effective date of the plan;

(14)  the fiscal year of the plan;

(15)  the conditions on which and the person or persons by whom the plan may be amended;

(16)  the conditions and procedure for allocating surplus assets or, in the case of a pension plan to which Chapter X applies, the balance of surplus assets referred to in the third paragraph of section 230.2, in the event of termination of the plan;

(16.1)  (subparagraph replaced);

(17)  in the case of a pension plan to which Chapter X applies, the conditions and procedure for appropriating all or part of the surplus assets referred to in section 146.8 and, if different, the conditions and procedure for appropriating all or part of the balance of surplus assets referred to in the third paragraph of that section, according to one or a combination of the following appropriation methods:

(a)  the payment of employer current service contributions;

(b)  the payment of member current service contributions;

(c)  the payment of the value of the additional obligations arising from an amendment to the plan, in which case the nature of the amendments that may give rise to such an appropriation must be indicated; and

(d)  the transfer of amounts to the employer;

(18)  in the cases referred to in section 146.9.2, the conditions and procedure for appropriating all or part of the surplus assets, either to the payment of employer contributions, to the payment of the value of additional obligations arising from an amendment to the plan or to a combination of these appropriation methods and, if applicable, the nature of the amendments that may be the object of such an appropriation.

1989, c. 38, s. 14; 1992, c. 60, s. 1; 2000, c. 41, s. 4; 2006, c. 42, s. 1; 2015, c. 20, a. 61; 2015, c. 29, s. 1; 2018, c. 2, s. 94.

2016-01-01

14. Unless an extension is granted by Retraite Québec, any person who establishes a pension plan shall set it down in writing not later than 90 days after the day on which the plan becomes effective.

The text of the plan shall indicate

(1)  the name of the employer who is a party to the plan:

(2)  the number of members required to constitute the pension committee responsible for the administration of the plan, together with the conditions and time limits applicable to the designation or replacement of the members;

(3)  the requirements for membership and withdrawal;

(4)  the contributory or non-contributory nature of the plan;

(5)  the optional or compulsory nature of membership in the plan;

(6)  in the case of a multi-employer pension plan, the conditions for participation and for withdrawal of an employer;

(7)  the normal retirement age;

(8)  where the plan is guaranteed, the name of the insurer;

(9)  the member and employer contributions, or the method used for calculating the contributions;

(9.1)  whether or not the members contribute to amortization payments and, if applicable, the method for calculating them;

(10)  in the case of a defined benefit plan or a defined benefit-defined contribution pension plan, the normal pension or the method used for calculating the normal pension;

(11)  the nature of the refunds and pension benefits, the method used for calculating benefits or refunds, if any, and the conditions to be met to be entitled thereto;

(12)  if applicable, the powers under which the pension committee is authorized to transfer benefits accumulated by a member under the plan or any asset of the plan to another plan, and the rules applicable to such a transfer;

(12.1)  if applicable, the powers under which the pension committee is authorized to make the final payment of all or part of the benefits of a member or beneficiary by purchasing an annuity from an insurer under the conditions provided for by the plan’s annuity purchasing policy, and the rules applicable to such a payment;

(13)  the effective date of the plan;

(14)  the fiscal year of the plan;

(15)  the conditions on which and the person or persons by whom the plan may be amended;

(16)  the conditions and procedure for allocating surplus assets or, in the case of a pension plan to which Chapter X applies, the balance of surplus assets referred to in the third paragraph of section 230.2, in the event of termination of the plan;

(16.1)  (subparagraph replaced);

(17)  in the case of a pension plan to which Chapter X applies, the conditions and procedure for appropriating all or part of the balance of surplus assets referred to in the third paragraph of section 146.8, either to the payment of the value of the additional obligations arising from an amendment to the plan, to the refund of member contributions or to the transfer of amounts to the employer or to a combination of those appropriation methods and, if applicable, the nature of the amendments that may be the object of such an appropriation;

(18)  in the cases referred to in section 146.9.2, the conditions and procedure for appropriating all or part of the surplus assets, either to the payment of employer contributions, to the payment of the value of additional obligations arising from an amendment to the plan or to a combination of these appropriation methods and, if applicable, the nature of the amendments that may be the object of such an appropriation.

1989, c. 38, s. 14; 1992, c. 60, s. 1; 2000, c. 41, s. 4; 2006, c. 42, s. 1; 2015, c. 20, a. 61; 2015, c. 29, s. 1.

2010-01-01

14. Unless an extension is granted by the Régie des rentes du Québec, any person who establishes a pension plan shall set it down in writing not later than 90 days after the day on which the plan becomes effective.

The text of the plan shall indicate

(1)  the name of the employer who is a party to the plan:

(2)  the number of members required to constitute the pension committee responsible for the administration of the plan, together with the conditions and time limits applicable to the designation or replacement of the members;

(3)  the requirements for membership and withdrawal;

(4)  the contributory or non-contributory nature of the plan;

(5)  the optional or compulsory nature of membership in the plan;

(6)  in the case of a multi-employer pension plan, the conditions for participation and for withdrawal of an employer;

(7)  the normal retirement age;

(8)  where the plan is guaranteed, the name of the insurer;

(9)  the member and employer contributions, or the method used for calculating the contributions;

(10)  in the case of a defined benefit plan or a defined benefit-defined contribution pension plan, the normal pension or the method used for calculating the normal pension;

(11)  the nature of the refunds and pension benefits, the method used for calculating benefits or refunds, if any, and the conditions to be met to be entitled thereto;

(12)  if applicable, the powers under which the pension committee is authorized to transfer benefits accumulated by a member under the plan or any asset of the plan to another plan, and the rules applicable to such a transfer;

(13)  the effective date of the plan;

(14)  the fiscal year of the plan;

(15)  the conditions on which and the person or persons by whom the plan may be amended;

(16)  which of the employer only, the members and beneficiaries only or both the employer and the members and beneficiaries will be entitled to the surplus of assets determined upon the termination of the plan, and, in the latter case, the percentage of such a surplus due to them. The percentages may, where the surplus is to be used to increase pension benefits, take into account the value of the obligations arising from such increases;

(16.1)  in the case of a plan to which the second paragraph of section 146.4 does not apply, the employer’s right, if any, to appropriate all or part of the surplus assets to the payment of the value of the additional obligations arising from any amendment to the plan;

(17)  in the case of a pension plan to which the third paragraph of section 146.4 does not apply and if applicable, the employer’s right to appropriate all or part of the surplus assets to the payment of employer contributions.

1989, c. 38, s. 14; 1992, c. 60, s. 1; 2000, c. 41, s. 4; 2006, c. 42, s. 1.

2001-01-01

14. Unless an extension is granted by the Régie des rentes du Québec, any person who establishes a pension plan shall set it down in writing not later than 90 days after the day on which the plan becomes effective.

The text of the plan shall indicate

(1)  the name of the employer who is a party to the plan:

(2)  the number of members required to constitute the pension committee responsible for the administration of the plan, together with the conditions and time limits applicable to the designation or replacement of the members;

(3)  the requirements for membership and withdrawal;

(4)  the contributory or non-contributory nature of the plan;

(5)  the optional or compulsory nature of membership in the plan;

(6)  in the case of a multi-employer pension plan, the conditions for participation and for withdrawal of an employer;

(7)  the normal retirement age;

(8)  where the plan is guaranteed, the name of the insurer;

(9)  the member and employer contributions, or the method used for calculating the contributions;

(10)  in the case of a defined benefit plan or a defined benefit-defined contribution pension plan, the normal pension or the method used for calculating the normal pension;

(11)  the nature of the refunds and pension benefits, the method used for calculating benefits or refunds, if any, and the conditions to be met to be entitled thereto;

(12)  if applicable, the powers under which the pension committee is authorized to transfer benefits accumulated by a member under the plan or any asset of the plan to another plan, and the rules applicable to such a transfer;

(13)  the effective date of the plan;

(14)  the fiscal year of the plan;

(15)  the conditions on which and the person or persons by whom the plan may be amended;

(16)  which of the employer only, the members and beneficiaries only or both the employer and the members and beneficiaries will be entitled to the surplus of assets determined upon the termination of the plan, and, in the latter case, the percentage of such a surplus due to them. The percentages may, where the surplus is to be used to increase pension benefits, take into account the value of the obligations arising from such increases;

(17)  in the case of a pension plan to which section 146.4 does not apply and if applicable, the employer’s right to appropriate all or part of the surplus assets to the payment of employer contributions.

1989, c. 38, s. 14; 1992, c. 60, s. 1; 2000, c. 41, s. 4.

1993-01-01

14. Unless an extension is granted by the Régie des rentes du Québec, any person who establishes a pension plan shall set it down in writing not later than 90 days after the day on which the plan becomes effective.

The text of the plan shall indicate

(1)  the name of the employer who is a party to the plan:

(2)  the number of members required to constitute the pension committee responsible for the administration of the plan, together with the conditions and time limits applicable to the designation or replacement of the members;

(3)  the requirements for membership and, in the case of a plan in which membership is optional, the withdrawal requirements;

(4)  the contributory or non-contributory nature of the plan;

(5)  the optional or compulsory nature of membership in the plan;

(6)  in the case of a multi-employer pension plan, the conditions for participation and for withdrawal of an employer;

(7)  the normal retirement age;

(8)  where the plan is guaranteed, the name of the insurer;

(9)  the member and employer contributions, or the method used for calculating the contributions;

(10)  in the case of a defined benefit plan, the normal pension or the method used for calculating the normal pension;

(11)  the nature of the refunds and pension benefits, the method used for calculating benefits or refunds, if any, and the conditions to be met to be entitled thereto;

(12)  if applicable, the powers under which the pension committee is authorized to transfer benefits accumulated by a member under the plan or any asset of the plan to another plan, and the rules applicable to such a transfer;

(13)  the effective date of the plan;

(14)  the fiscal year of the plan;

(15)  the conditions on which and the person or persons by whom the plan may be amended;

(16)  which of the employer only, the members and beneficiaries only or both the employer and the members and beneficiaries will be entitled to the surplus of assets determined upon the total termination of the plan, and, in the latter case, the percentage of such a surplus due to them. The percentages may, where the surplus is to be used to increase pension benefits, take into account the value of the obligations arising from such increases.

1989, c. 38, s. 14; 1992, c. 60, s. 1.

1990-01-01

14. Unless an extension is granted by the Régie des rentes du Québec, any person who establishes a pension plan shall set it down in writing not later than 90 days after the day on which the plan becomes effective.

The text of the plan shall indicate

(1)  the name and address of the employer who is a party to the plan:

(2)  the number of members required to constitute the pension committee responsible for the administration of the plan, together with the conditions and time limits applicable to the designation or replacement of the members;

(3)  the requirements for membership and, in the case of a plan in which membership is optional, the withdrawal requirements;

(4)  the contributory or non-contributory nature of the plan;

(5)  the optional or compulsory nature of membership in the plan;

(6)  in the case of a multi-employer pension plan, the conditions for participation and for withdrawal of an employer;

(7)  the normal retirement age;

(8)  where refunds or pension benefits are guaranteed, the name of the insurer;

(9)  the member and employer contributions, or the method used for calculating the contributions;

(10)  in the case of a defined benefit plan, the normal pension or the method used for calculating the normal pension;

(11)  the nature of the refunds and pension benefits, the method used for calculating benefits or refunds, if any, and the conditions to be met to be entitled thereto;

(12)  if applicable, the powers under which the pension committee is authorized to transfer benefits accumulated by a member under the plan or any asset of the plan to another plan, and the rules applicable to such a transfer;

(13)  the effective date of the plan;

(14)  the fiscal year of the plan;

(15)  the conditions on which and the person or persons by whom the plan may be amended.

1989, c. 38, s. 14.