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The Pension Benefits Act

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(2) Repealed
(3) Repealed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(8) Repealed
(9) Appellant may attend hearing
(9.1) Superintendent is party
(10) Powers of commission on appeal
(11) Appeal from commission's decision
(12) Commission and superintendent entitled to be heard on appeal
8.1 (1) Superintendent may file order in court
(2) Collection by third party
(3) Order includes requirement to pay collection costs
(4) Other remedies unaffected
8.2 (1) Reciprocal enforcement of orders
(2) Application by other jurisdiction
(3) Filing of order or judgment
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
(3.1) Contents
(3.2) Superintendent authorized to administer for persons outside Manitoba
(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17 Repealed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18 (1) Repealed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(5) Repealed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(2.1) and (2.2) Repealed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) Termination or winding up of 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 termination or winding up of plan
(4) Notification of termination or winding up 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
(3.1) Notice to be given of any late payment by employer
(4) Minister may enforce trust
(5) Lien on employer's assets
(6) Effect of failure to proceed
(7) Registration against real property
(8) Registration on production
(9) Enforcement of lien on real property
(10) Superintendent may postpone, amend or discharge lien
(11) Registration against personal property
(12) Effect of registration
(13) Exceptions to priority
(14) Superintendent may postpone, amend, renew or discharge lien
(15) Payment of trust money
28.0.1 (1) Corporate director's liability for unpaid contributions
(2) Limits on liability
(3) Prudent director not liable
(4) Two-year limitation period
(5) Amount recoverable
(6) Manager liable after board resigns or is removed
(7) Corporate director may recover
(8) Lien on assets
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 termination 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
37.1 (1) Administrative penalty
(2) How penalty may be imposed
(3) Amount of penalty
(4) Maximum penalty
(5) Content of notice
(6) Serving the notice
(7) Superintendent may recover penalty
(8) No offence to be charged if penalty is paid
37.2 (1) Appeal to commission
(2) Notice of hearing
(3) Decision of the commission
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