R-15.1 - Supplemental Pension Plans Act

Section 26 Disposition versions

2016-01-01

26. A pension committee which proposes to apply for the registration of an amendment shall inform the members thereof

(1)  by transmitting to each member a written notice setting out the object of the proposed amendment and its effective date, and stating that the text of the amendment may be examined at the committee’s office and at the employer’s establishment specified, which must be located within 150 km of the member’s place of employment or, where the employer has no establishment within that distance, that the text may be obtained, without charge, on written request; or

(2)  by publishing the notice in a newspaper circulated in the localities where at least half of the members reside or, only as concerns active members, by sending the notice to the employer who, on receipt thereof, shall post it in a conspicuous place within the establishment, in an area ordinarily frequented by the members. However, the means of information provided for in this subparagraph cannot be used if the object of the proposed amendment is

 — the cancellation of refunds or pension benefits, new conditions limiting eligibility therefor or a reduction in the amount or value of the benefits of members or beneficiaries;

 — an amendment to the plan pertaining to the appropriation or allocation of surplus assets;

 — the merging of the assets and liabilities of several plans;

 — the division of the plan’s assets and liabilities among several plans.

A copy of the notice shall also be transmitted to Retraite Québec.

Where the amendment is made pursuant to a collective agreement or an arbitration award in lieu thereof, or is rendered compulsory by an order or decree, this section does not apply in respect of active members who are subject to the collective agreement, arbitration award or order or decree and represented by a certified association within the meaning of the Labour Code (chapter C-27).

1989, c. 38, s. 26; 1992, c. 60, s. 4; 2000, c. 41, s. 14; 2006, c. 42, s. 4; 2015, c. 20, s. 61; 2015, c. 29, s. 3.

2010-01-01

26. A pension committee which proposes to apply for the registration of an amendment shall inform the members thereof

(1)  by transmitting to each member a written notice setting out the object of the proposed amendment and its effective date, and stating that the text of the amendment may be examined at the committee’s office and at the employer’s establishment specified, which must be located within 150 km of the member’s place of employment or, where the employer has no establishment within that distance, that the text may be obtained, without charge, on written request; or

(2)  by publishing the notice in a newspaper circulated in the localities where at least half of the members reside or, only as concerns active members, by sending the notice to the employer who, on receipt thereof, shall post it in a conspicuous place within the establishment, in an area ordinarily frequented by the members. However, the means of information provided for in this subparagraph cannot be used if the object of the proposed amendment is

 — the cancellation of refunds or pension benefits, new conditions limiting eligibility therefor or a reduction in the amount or value of the benefits of members or beneficiaries;

 — the allocation of a surplus of assets or the appropriation of such surplus to the payment of the value of the additional obligations arising from any amendment to the plan or to the payment of employer contributions;

 — the merging of the assets and liabilities of several plans;

 — the division of the plan’s assets and liabilities among several plans.

A copy of the notice shall also be transmitted to the Régie.

This section does not apply where the amendment results from the application of Chapter X.1. In addition, where the amendment is made pursuant to a collective agreement or an arbitration award in lieu thereof, or is rendered compulsory by an order or decree, this section does not apply in respect of active members who are subject to the collective agreement, arbitration award or order or decree and represented by a certified association within the meaning of the Labour Code (chapter C-27).

1989, c. 38, s. 26; 1992, c. 60, s. 4; 2000, c. 41, s. 14; 2006, c. 42, s. 4.

2001-01-01

26. A pension committee which proposes to apply for the registration of an amendment shall inform the members thereof

(1)  by transmitting to each member a written notice setting out the object of the proposed amendment and its effective date, and stating that the text of the amendment may be examined at the committee’s office and at the employer’s establishment specified, which must be located within 150 km of the member’s place of employment or, where the employer has no establishment within that distance, that the text may be obtained, without charge, on written request; or

(2)  by publishing the notice in a newspaper circulated in the localities where at least half of the members reside or, only as concerns active members, by sending the notice to the employer who, on receipt thereof, shall post it in a conspicuous place within the establishment, in an area ordinarily frequented by the members. However, the means of information provided for in this subparagraph cannot be used if the object of the proposed amendment is

 — the cancellation of refunds or pension benefits, new conditions limiting eligibility therefor or a reduction in the amount or value of the benefits of members or beneficiaries;

 — the allocation of a surplus of assets or the appropriation of such surplus to the payment of contributions;

 — the merging of the assets and liabilities of several plans;

 — the division of the plan’s assets and liabilities among several plans.

A copy of the notice shall also be transmitted to the Régie.

This section does not apply where the amendment results from the application of Chapter X.1. In addition, where the amendment is made pursuant to a collective agreement or an arbitration award in lieu thereof, or is rendered compulsory by an order or decree, this section does not apply in respect of active members who are subject to the collective agreement, arbitration award or order or decree and represented by a certified association within the meaning of the Labour Code (chapter C‐27).

1989, c. 38, s. 26; 1992, c. 60, s. 4; 2000, c. 41, s. 14.

1993-01-01

26. A pension committee which proposes to apply for the registration of an amendment shall inform the active members thereof

(1)  by transmitting to each active member a written notice setting out the object of the proposed amendment and stating that the text of the amendment may be examined at the committee’s office and at the employer’s establishment specified, which must be located within 150 km of the member’s place of employment or, where the employer has no establishment within that distance, that the text may be obtained, without charge, on written request; or

(2)  with the authorization of the Régie, by sending the notice to the employer who, on receipt thereof, shall post it in a conspicuous place within his establishment, in an area ordinarily frequented by the members, or by publishing it in a newspaper circulated in the localities where at least half of the members are employed. However, the means of information provided for in this subparagraph cannot be used if the object of the proposed amendment is

 — the cancellation of refunds or pension benefits, new conditions limiting eligibility therefor or a reduction in the amount or value of the benefits of members or beneficiaries;

 — the allocation of a surplus of assets or the appropriation of such surplus to the payment of contributions;

 — the merging of the assets and liabilities of several plans;

 — the division of the plan’s assets and liabilities among several plans;

 — the conversion of the plan into a plan of another type.

A copy of the notice shall also be transmitted to the Régie.

This section does not apply where the amendment is made pursuant to a collective agreement or an arbitration award in lieu thereof, or is rendered compulsory by an order or decree.

1989, c. 38, s. 26; 1992, c. 60, s. 4.

1990-01-01

26. A pension committee which proposes to apply for the registration of an amendment shall inform the active members thereof

(1)  by transmitting to each active member a written notice setting out the object of the proposed amendment and stating that the text of the amendment may be examined at the committee’s office and at the employer’s establishment specified, which must be located within 150 km of the member’s place of employment or, where the employer has no establishment within that distance, that the text may be obtained, without charge, on written request; or

(2)  with the authorization of the Régie, by sending the notice to the employer who, on receipt thereof, shall post it in a conspicuous place within his establishment, in an area ordinarily frequented by the members, or by publishing it in a newspaper circulated in the localities where at least half of the members are employed. However, the means of information provided for in this subparagraph cannot be used if the object of the proposed amendment is

 — a reduction of benefits;

 — the allocation of a surplus of assets or the appropriation of such surplus to the payment of contributions;

 — the merging of the assets and liabilities of several plans;

 — the division of the plan’s assets and liabilities among several plans;

 — the conversion of the plan into a plan of another type.

A copy of the notice shall also be transmitted to the Régie.

This section does not apply where the amendment is made pursuant to a collective agreement or an arbitration award in lieu thereof, or is rendered compulsory by an order or decree.

1989, c. 38, s. 26.