R-15.1 - Supplemental Pension Plans Act

Section 211 Disposition versions

2001-01-01

211. Every member affected by the termination of a pension plan who was still active on the date of termination is entitled, in respect of the service credited to him under the plan to the date of termination, to the value of the normal pension, including benefits ancillary to any pension to which he would have been entitled if he had retired on the day preceding the date of termination.

Where the termination of the plan is brought about by the division, merger, alienation or closing down of an enterprise or part of an enterprise, the same applies to every member whose active membership in the plan ceased during the period extending from the date the members were informed of the event and the date of termination.

The amount of the pension shall, where the pension plan provides that it is to be calculated according to the progression of the member’s remuneration, be determined so as to take the progression into account until the date of termination, unless the plan provides expressly that it must be taken into account beyond the date of termination.

1989, c. 38, s. 211; 1994, c. 24, s. 17; 2000, c. 41, s. 120.

1994-06-17

211. Every member affected by the partial termination of a pension plan and every member affected by the total termination of a plan who was still active on the date of termination is entitled, in respect of the service credited to him under the plan to the date of termination, to the value of the normal pension, including benefits ancillary to any pension to which he would have been entitled if he had retired on the day preceding the date of terminaison.

The same right is granted to every member affected by the total termination of the plan who ceased to be an active member during any period prior to the date of termination that is determined by the Régie, in circumstances which, in the opinion of the Régie, are similar to those mentioned in section 165.1. The decision of the Régie regarding the notice of termination of the plan or terminating the plan must specify the period so determined and the non-active members to whom the right is granted.

The amount of the pension shall, where the pension plan provides that it is to be calculated according to the progression of various factors, such as the member’s remuneration, be determined so as to take the progression into account until a date not prior to the date of termination.

However, if the member ceased to be a member before the termination date, and the plan provides that in that case such factors cease their progression on the date of termination of membership or on any later date set by the plan, the amount of the pension shall be determined so as to take the factors into account until the date on which the factors cease their progression.

1989, c. 38, s. 211; 1994, c. 24, s. 17.

1990-01-01

211. Every member affected by the total or partial termination of a pension plan is entitled, in respect of the service credited to him under the plan to the date of termination, to the value of the normal pension, including benefits ancillary to any pension to which he would have been entitled if he had retired on the day preceding the date of terminaison.

The amount of the pension shall, where the pension plan provides that it is to be calculated according to the progression of various factors, such as the member’s remuneration, be determined so as to take the progression into account until a date not prior to the date of termination.

However, if the member ceased to be a member before the termination date, and the plan provides that in that case such factors cease their progression on the date of termination of membership or on any later date set by the plan, the amount of the pension shall be determined so as to take the factors into account until the date on which the factors cease their progression.

1989, c. 38, s. 211.