The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act

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S.M. 2022, c. 17

Bill 19, 4th Session, 42nd Legislature

The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Beneficiary Designation Act (Retirement, Savings and Other Plans). A legal representative of a participant in a plan may now make a beneficiary designation on behalf of a participant if the participant cannot make the designation themselves. The representative may designate a beneficiary only if the plan renews, replaces or converts a plan made by the participant and the same person is the designated beneficiary of both the new plan and the plan that it replaced.

A plan administrator is now expressly required to verify the identity of a person making a designation, and the identity and authority of a representative, before accepting a designation.

Related amendments are made to The Mental Health Act, The Powers of Attorney Act and The Vulnerable Persons Living with a Mental Disability Act.

(Assented to June 1, 2022)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. B30 amended

1

The Beneficiary Designation Act (Retirement, Savings and Other Plans) is amended by this Act.

2

Section 1 is amended

(a) by replacing the definitions "designation" and "participant" with the following:

"designation" means a designation, whenever made, by

(a) a participant under section 2, or

(b) a representative of a participant under section 2.1; (« désignation »)

"participant" means an individual who is entitled to designate another person to receive a benefit payable under a plan on the individual's death, but does not include a representative; (« participant »)

(b) by adding the following definition:

"representative" means a representative listed in subsection 2.1(1); (« représentant »)

3

Section 2 is amended, in the part before clause (a), by striking out "designate a person" and substituting "designate another person".

4

The following is added after section 2:

Designation by representative

2.1(1)

The following representatives of a participant may make a designation under this section:

(a) a committee appointed under The Mental Health Act;

(b) an attorney acting under an enduring power of attorney under The Powers of Attorney Act if the power of attorney confers the power to make the designation or renew, replace or convert a plan;

(c) a substitute decision maker for property granted the power under clause 92(2)(f.1) of The Vulnerable Persons Living with a Mental Disability Act.

Continuing previous designation

2.1(2)

A representative of a participant may designate a person to receive a benefit on the death of the participant under a plan if

(a) the plan renews, replaces or converts a similar plan of the participant;

(b) the beneficiary designated in the plan is the same person who was the beneficiary designated under the similar plan immediately before that plan was renewed, replaced or converted; and

(c) the designation is made by an instrument other than a will and the instrument is signed by the representative.

5(1)

Section 12 is renumbered as subsection 12(1) and is amended by adding ", or the representative of a participant," after "A participant".

5(2)

The following is added as subsection 12(2):

Irrevocable designation by representative

12(2)

If a designation in a plan is irrevocable and a representative makes a designation under section 2.1 with respect to a plan that renews, replaces or converts the plan, the designation made under section 2.1 must also be irrevocable.

6

The following is added after section 13:

Obligations of administrator of plan

13.1

If a designation is made in an instrument provided by the administrator of the plan, the administrator must verify

(a) the identity of the participant making a designation under section 2; or

(b) the identity of the representative making a designation under section 2.1 and the order, power of attorney or appointment under which the representative is acting.

7

Section 14 is amended by adding ", or the representative of the participant," after "against the participant".

RELATED AMENDMENTS

C.C.S.M. c. M110 amended

8(1)

The Mental Health Act is amended by this section.

8(2)

The following is added after clause 80(1)(a):

(a.1) make a designation in accordance with section 2.1 of The Beneficiary Designation Act (Retirement, Savings and Other Plans);

8(3)

The following is added after section 88:

Accounting to include notice of designation

88.1

A committee must include notice of any designation made by the committee under section 2.1 of The Beneficiary Designation Act (Retirement, Savings and Other Plans) with an accounting provided under this Part.

C.C.S.M. c. P97 amended

9

The Powers of Attorney Act is amended by adding the following after subsection 22(1):

Accounting to include notice of designation

22(1.1)

An attorney must include notice of any designation made by the attorney under section 2.1 of The Beneficiary Designation Act (Retirement, Savings and Other Plans) with an accounting provided under this section.

C.C.S.M. c. V90 amended

10(1)

The Vulnerable Persons Living with a Mental Disability Act is amended by this section.

10(2)

The following is added after clause 92(2)(f):

(f.1) to make a designation in accordance with section 2.1 of The Beneficiary Designation Act (Retirement, Savings and Other Plans);

10(3)

The following is added after section 113:

Accounting to include notice of designation

113.1

A substitute decision maker for property must include notice of any designation made by the substitute decision maker under section 2.1 of The Beneficiary Designation Act (Retirement, Savings and Other Plans) with an accounting provided under this Division.

COMING INTO FORCE

Coming into force

11

This Act comes into force on a day to be fixed by proclamation.