34. However, despite the second paragraph of section 33, the text of the plan may provide that the surplus assets identified in an actuarial valuation subsequent to 31 December 2015 and established in accordance with the second paragraph of section 30 may not be appropriated unless the plan’s assets on a funding basis are equal to or greater than its liabilities, increased by the provision for adverse deviation plus an amount that corresponds to a rate of not more than 3% of the total solvency liabilities, reduced by the value of the additional obligations arising from any amendment to the plan considered for the first time on the date of the actuarial valuation.
2016, c. 132016, c. 13, s. 34.