C.C.S.M. c. P32
The Pension Benefits Act
1 | (1) | Definitions |
(2) | ||
(3) | Surviving common-law partner | |
2 | Province of employment | |
3 | Conflict with other Acts | |
PART I | ||
PENSION COMMISSION | ||
4 | (1) | Commission continued |
(2) | Appointment of members | |
5 | (1) | Chairman and vice-chairman |
(2) | Absence of chairman and vice-chairman | |
6 | Quorum | |
7 | (1) | Staff |
(2) | Chief administration officer | |
8 | (1) | Inspection powers of superintendent |
(2) | Grounds for order | |
(3) | Contents of order | |
(4) | Administration expenses | |
(5) | Service on affected person | |
(6) | Appeal to commission | |
(7) | Statement of appeal | |
(8) | Hearing by commission | |
(9) | Appellant may attend hearing | |
(10) | Powers of commission on appeal | |
(11) | Appeal from commission | |
9 | Liability of commission and staff | |
10 | (1) | Duties and functions of the commission |
(2) | Delegation of powers and duties of commission | |
11 | (1) | Reciprocal agreements re administration of pension plans |
(2) | Existing agreements | |
(3) | Reciprocal agreements re application of laws | |
(4) | Effective date of laws | |
(5) | Public notice of reciprocal agreements re laws | |
12 | Audit | |
13 | (1) | Annual report |
(2) | Tabling report | |
14 | Actions for deducting amounts | |
15 | Certain agreements void | |
16 | Pension agency | |
17 | (1) | Definitions |
(2) | Effect of designation of successor to beneficiary | |
(3) | Alteration of designations | |
(4) | Where Insurance Act applies | |
PART II | ||
18 | (1) | Registration of plans established before July 1, 1976 |
(2) | Registration of plans established after July 1, 1976 | |
(2.1) | New plan established after June 24, 1992 | |
(3) | Filing of supplemental plans | |
(4) | Annual return | |
(5) | Where employer not involved with administering plan | |
19 | Acceptance for registration | |
20 | Procedure on refusal to register | |
21 | (1) | Requirements respecting deferred life annuities |
(1.1) | Amount of pension payable | |
(2) | Requirements respecting deferred life annuities for 1985 | |
(2.1) | Amount of pension payable | |
(2.2) | Entitlement on winding up of plan | |
(2.3) | Exemption from clauses (1)(b) and (2)(b) | |
(3) | No surrender or commutation | |
(4) | Exceptions to subsecs. (1), (2) and (3) | |
(5) | Partial commutation permitted | |
(6) | Alternative settlements | |
(7) | Normal retirement age | |
(8) | Vesting on retirement at normal retirement age | |
(9) | Continuing after retirement age | |
(10) | Early retirement provision | |
(11) | Employee's share of deferred life annuity | |
(12) | Effect of temporary suspension of employment | |
(13) | Transfer to retirement savings plan | |
(13.1) | Life income fund | |
(14) | Integration with government plan | |
(15) | Prohibition against reductions in pension | |
(16) | Reduction for C.P.P. and O.A.S. | |
Formula | ||
(17) | Reduction for OAS prohibited | |
(18) | Discrimination based on sex prohibited | |
(19) | Compulsory eligibility and membership | |
(20) | Exemption | |
(21) | Winding up plan | |
(22) | Determination of benefits on winding up of plan | |
(23) | Reduction of additional benefits | |
(24) | Formula for contributions and benefits | |
(25) | Benefit not to be less than contributions | |
(26) | Death of member | |
(27) | Eligibility for benefits after resuming cohabitation | |
21.1 to 21.3 | ||
21.4 | (1) | "Registered retirement income fund" defined |
(2) | One-time transfer to RRIF | |
(3) | Application for transfer | |
(4) | Maximum amount for transfer | |
(5) | Consent of cohabiting spouse or common-law partner | |
21.5 | ||
22 | Refunds | |
23 | (1) | Joint pensions |
(2) | Actuarial reduction for joint pension | |
(3) | Waiver of joint pension | |
(4) | Exemption for persons separated | |
(5) | "Member" includes former member | |
(6) | Benefit under division of assets | |
24 | No termination of survivor benefits | |
25 | (1) | Rate of interest on defined benefit pension plan |
(2) | Consistent methods of calculating interest | |
(3) | Interest on other plans | |
26 | (1) | Funding and solvency of plans |
(2) | Restriction on payments out of plan | |
(2.1) | Conditions for payment of surplus to employer | |
(2.2) | Application to court | |
(2.3) | Maximum surplus payable | |
(3) | Liability on winding up of plan | |
(4) | Notification of termination of plan | |
(5) | No reduction of credits | |
26.1 | (1) | Definitions |
(2) | Designation of multi-unit pension plan | |
(3) | Opting out of multi-unit plan | |
(4) | Board of trustees | |
(5) | Transfer to another plan | |
(6) | Service credits | |
(7) | Vesting of contributions | |
(8) | Refund of contributions | |
(9) | Forfeiture of benefit credit | |
(10) | Liability of employer limited | |
(11) | Required provisions in multi-unit plans | |
27 | Contents of plan | |
28 | (1) | Trust for contributions |
(2) | Payroll deductions | |
(3) | Employer's contributions in trust | |
(4) | Enforcement of trust | |
(5) | Payment of trust moneys | |
(6) | Notice to be given of any late payment by employer | |
(7) | Definitions | |
28.1 | (1) | Meaning of "administrator" |
(2) | Care, diligence and skill | |
(3) | Special knowledge and skill | |
(4) | Application of subsection (3) | |
(5) | Conflict of interest | |
(6) | Employment of agent | |
(7) | Responsibility for agent | |
(8) | Employee or agent | |
(9) | Benefit by administrator | |
(10) | Member of pension committee | |
(11) | Payment to agent | |
29 | Information by employers | |
30 | Inspection of plan by members | |
31 | (1) | Protection of pension money |
(1.1) | Exceptions | |
(2) | Division of pension benefits on breakup | |
(3) | Effective date of subsection (2) | |
(3.1) | ||
(4) | Transfer of family property portions | |
(5) | ||
(6) | Married and common-law — opting out | |
(7) | ||
(8) | Filing of agreement | |
31.1 | Garnishment of pension benefit credits | |
32 | (1) | Establishment of advisory committees |
(2) | Purposes of committee | |
(3) | Limitation on committee's powers | |
33 | (1) | Declaration by commission as to winding up of plan |
(2) | Notice of declaration | |
(3) | Objection to winding up | |
34 | (1) | Continuation of benefits with successor employer |
(2) | Re-employment not termination of membership | |
(3) | Service deemed continuous | |
35 | (1) | Objection to refusal to register, etc. |
(2) | Service of notice of objection | |
(3) | Review on objection | |
36 | (1) | Appeal to Court of Appeal |
(2) | Filing appeal | |
(3) | Copies to superintendent | |
(4) | Relevant material to be sent to court | |
(5) | Disposal of appeal | |
(6) | Effect of decision | |
PART III | ||
37 | Regulations | |
38 | (1) | Penalty |
(2) | Court to order restitution | |
(2.1) | Order of restitution may be filed in Q.B. | |
(3) | Liability of officers of corporation, etc. | |
(4) | Limitation period | |
38.1 | Compliance with other Acts | |
39 and 40 |