C.C.S.M. c. P32
The Pension Benefits Act
1 | (1) | Definitions |
(2) | Repealed | |
(3) | Repealed | |
2 | Province of employment | |
3 | Conflict with other Acts | |
3.1 | (1) | Minimum benefits and entitlements may be exceeded |
(2) | Benefits not to be discretionary | |
3.2 | No waiver or contracting out | |
3.3 | Crown bound | |
PART I | ||
PENSION COMMISSION AND SUPERINTENDENT | ||
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17 | Repealed | |
PART II | ||
PENSION PLANS AND THEIR ADMINISTRATION | ||
18 | (1) | Repealed |
(2) | Registration of plans | |
(2.1) | Surplus provisions in plans | |
(3) | Administrator to file supplemental plan | |
(4) | Annual return | |
(5) | Repealed | |
19 | Acceptance for registration | |
20 | Procedure on refusal to register | |
21 | (1) | Entitlement to a pension |
(1.1) | Ceasing to be an active member | |
(2) | Amount and terms of pension | |
(2.1) and (2.2) | Repealed | |
(2.3) | Exemption from subsection (3) | |
(3) | Locking in | |
(3.1) | Plan must provide for entitlement and locking in | |
(3.2) | Exception for voluntary contributions | |
(4) | Commutation of small pension | |
(5) | Partial commutation of pre-1985 benefits | |
(5.1) | Conditions for commutation of pre-1985 benefits | |
(6) | Payments by reason of shortened life expectancy | |
(7) | Normal retirement age | |
(7.1) | No age discrimination | |
(8) | Repealed | |
(9) | Continuing employment after normal retirement age | |
(9.1) | Value of pension after late retirement | |
(10) | Early retirement | |
(10.1) | Value of pension on early retirement | |
(11) | Fifty-percent rule for post-1984 benefits | |
(11.1) | Matters to be ignored under fifty-percent rule | |
(12) | Repealed | |
(13) | Transfer to retirement savings plan | |
(13.1) | Transfer to retirement benefit plan | |
(14) | Integration with government plan | |
(15) | Prohibition against reductions in pension | |
(16) | Reduction for CPP or QPP | |
(17) | Reduction for OAS prohibited | |
(18) | Discrimination based on sex prohibited | |
(18.1) | Plan to provide membership for prescribed class | |
(19) | Compulsory membership — full-time employees | |
(19.1) | Compulsory membership — other employees | |
(19.2) | Entitlement to join plan | |
(19.3) | No separate plan for non-full-time employees | |
(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) | Minimum benefit for pre-1985 membership | |
(26) | Survivor benefit on pre-retirement death | |
(26.1) | Value of pension or payment | |
(26.2) | Transfer of commuted value | |
(26.3) | Waiver | |
(26.4) | Joint revocation of waiver | |
(27) | Eligibility for benefits after resuming cohabitation | |
21.1 | (1) | Ancillary benefits |
(2) | Entitlement to ancillary benefit | |
21.2 | (1) | Optional ancillary benefits |
(2) | Plan to provide for method of conversion | |
(3) | Accounting and interest | |
21.3 | (1) | "Non-resident" defined |
(2) | Withdrawal of money from plan by non-resident | |
(3) | Application for withdrawal | |
(4) | Consent of cohabiting spouse or common-law partner | |
(5) | No withdrawal of amount payable on division | |
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 | Phased retirement | |
22 | (1) | Refund of contributions |
(2) | Transfer of benefits | |
23 | (1) | Joint pension entitlement |
(2) | Minimum pension payable to survivor | |
(3) | Actuarial value of joint pension | |
(4) | Waiving joint pension | |
(5) | Revoking waiver | |
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) | Repealed | |
(2.3) | Maximum surplus payable | |
(2.4) | Trustee Act does not apply | |
(3) | Liability on winding up of plan | |
(4) | Notification of termination of plan | |
(5) | No reduction of accrued benefits | |
26.1 | (1) | Definitions |
(2) | Designation of multi-unit pension plan | |
(3) | Repealed | |
(4) | Board of trustees | |
(5) | Transfer to another plan | |
(6) | Employment with two or more employers | |
(7) and (8) | Repealed | |
(9) | Forfeiture of minimal benefit | |
(10) | Liability of employer limited | |
(11) | Required provisions in multi-unit plans | |
(12) | No partial termination | |
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) | Repealed | |
28.1 | (1) | Who may be administrator |
(1.1) | Administration by superintendent or appointee | |
(1.2) | Pension committee | |
(2) | Care, diligence and skill | |
(2.1) | Investing pension assets | |
(2.2) | Non-financial considerations | |
(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 board or committee | |
(11) | Payment to agent | |
29 | Administrator to provide information | |
30 | Administrator to make documents available | |
31 | (1) | Protection of pension money |
(1.1) | Exceptions | |
(2) | Division of pension on breakdown of relationship | |
(2.1) | Manner of division | |
(3) | Limitation | |
(3.1) | Repealed | |
(3.2) | Application for court order | |
(3.3) | Limitation period | |
(3.4) | Court may order division | |
(4) | Transfer of family property portions | |
(5) | Repealed | |
(6) | Opting out | |
(7) | Repealed | |
(8) | Repealed | |
(9) | Waiver after death of member | |
31.1 | Garnishment of pension benefit credits | |
32 | Repealed | |
33 | (1) | Declaration by commission as to winding up of plan |
(2) | Notice of declaration | |
(3) | Objection to declaration | |
(4) | Review on objection | |
34 | Regulations re successor employers or plans | |
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 | ||
GENERAL PROVISIONS | ||
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 | |
38.2 | Review every five years | |
39 and 40 | Repealed |