R-15.1 - Supplemental Pension Plans Act

Section 198 Disposition versions

2020-12-11

198. The withdrawal of an employer from a multi-employer pension plan is conditional upon the amendment of the plan to that effect. The amendment of the plan is subject to authorization by Retraite Québec.

The date of withdrawal is the effective date of the amendment. If the amendment is made following the bankruptcy of the employer, the effective date of the amendment is the date referred to in paragraph 1.1 of section 19. If the amendment is made because the employer no longer has active members in its employ, the amendment becomes effective not later than on the end date of the fiscal year in which the last member ceases to accumulate benefits.

The persons affected by the withdrawal are

(1)  the active members in the employ of the employer at the date of withdrawal;

(2)  the non-active members at that date whose active membership ended while they were in the employ of the employer; and

(3)  the beneficiaries at that date of a pension benefit that derives from the benefit of a member whose active membership ended while the member was in the employ of the employer.

1989, c. 38, s. 198; 2000, c. 41, s. 114; 2015, c. 20, s. 61; 2015, c. 29, s. 45; 2020, c. 30, s. 69.

2016-01-01

198. The withdrawal of an employer from a multi-employer pension plan is conditional upon the amendment of the plan to that effect. The amendment of the plan is subject to authorization by Retraite Québec.

The date of withdrawal is the effective date of the amendment. If the amendment is made following the bankruptcy of the employer, the effective date of the amendment is the date of the bankruptcy. If the amendment is made because the employer no longer has active members in its employ, the amendment becomes effective not later than on the end date of the fiscal year in which the last member ceases to accumulate benefits.

The persons affected by the withdrawal are

(1)  the active members in the employ of the employer at the date of withdrawal;

(2)  the non-active members at that date whose active membership ended while they were in the employ of the employer; and

(3)  the beneficiaries at that date of a pension benefit that derives from the benefit of a member whose active membership ended while the member was in the employ of the employer.

1989, c. 38, s. 198; 2000, c. 41, s. 114; 2015, c. 20, s. 61; 2015, c. 29, s. 45.

2001-01-01

198. The withdrawal of an employer from a multi-employer pension plan is conditional upon the amendment of the plan to that effect. The amendment of the plan is subject to authorization by the Régie.

The date of withdrawal is the effective date of the amendment. If the amendment is made following the bankruptcy of the employer, the effective date of the amendment is the date of the bankruptcy.

The persons affected by the withdrawal are

(1)  the active members in the employ of the employer at the date of withdrawal;

(2)  the non-active members at that date whose active membership ended while they were in the employ of the employer; and

(3)  the beneficiaries at that date of a pension benefit that derives from the benefit of a member whose active membership ended while the member was in the employ of the employer.

1989, c. 38, s. 198; 2000, c. 41, s. 114.

1990-01-01

198. Except if termination is prevented by an agreement and except in the case of a pension plan imposed by an order or decree which does not authorize termination, an employer may terminate, in whole or in part, the plan to which he is a party by means of a written notice of termination to the affected members or, in the case of a plan established under a collective agreement or an arbitration award in lieu thereof, to the employees’ association representing the members, to the pension committee, to the Régie and, where applicable, to the insurer.

The notice shall indicate whether the termination is total or partial, the members who are affected and the date on which the termination is to become effective; the date shall not precede the date on which member contributions ceased to be collected or, in the case of a non-contributory plan, the date on which the notice was given to the affected members.

In the case of a multi-employer pension plan, the notice of termination shall have effect only with respect to the employer who issues the notice and the affected members.

1989, c. 38, s. 198.