R-15.1 - Supplemental Pension Plans Act

Section 96 Disposition versions

2001-01-01

96. In no case may benefits derived from an amendment to a public plan referred to in section 94 be taken into account for the determination of a benefit if that results in a reduction of the benefits of the member, except

(1)  where the member applies therefor, provided the resulting benefit is of an equal or greater value;

(2)  where the pension plan is amended to take into account the new benefits derived from the public plan, provided only the pension benefits relating to service credited after the amendment are reduced;

(3)  where the benefit concerned is not determined on the basis of the normal pension, or where the value of the benefit exceeds the value of the deferred pension, provided the plan is amended to provide for the reduction of the benefit or excess value and only the benefits the payment of which begins after the amendment are reduced.

1989, c. 38, s. 96; 2000, c. 41, s. 59.

1990-01-01

96. In no case may benefits derived from an amendment to a public plan referred to in section 94 be taken into account for the determination of a benefit accrued under the pension plan if that results in a reduction of the benefits of the member, except

(1)  where the member applies therefor, provided the resulting benefit is of an equal or greater value;

(2)  where the pension plan is amended to take into account the new benefits derived from the public plan, provided only the pension benefits accrued in respect of service credited after the amendment are reduced;

(3)  where the benefit accrued under the pension plan is not determined on the basis of the normal pension, or where the value of the benefit exceeds the value of the deferred pension, provided the plan is amended to provide for the reduction of the benefit or excess value and only the benefits the payment of which begins after the amendment are reduced.

1989, c. 38, s. 96.