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C.C.S.M. c. P32
The Pension Benefits Act
Table of Contents
| 1 | Definitions | |
| (2) | [Repealed] | |
| (3) | [Repealed] | |
| 2 | Province of employment | |
| 3 | Conflict with other Acts | |
| 3.1 | 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 |
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| 4 | Commission continued | |
| (2) | Appointment of members | |
| 5 | Chairman and vice-chairman | |
| (2) | Absence of chairman and vice-chairman | |
| 6 | Quorum | |
| 7 | Staff | |
| (2) | Chief administration officer | |
| 8 | 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| (8) | [Repealed] | |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 | 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 | Reciprocal enforcement of orders | |
| (2) | Application by other jurisdiction | |
| (3) | Filing of order or judgment | |
| 9 | Liability of commission and staff | |
| 10 | Duties and functions of the commission | |
| (2) | Delegation of powers and duties of commission | |
| 11 | 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 | 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| 17 | [Repealed] | |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 |
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| 18 | (1) | [Repealed] |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 | Entitlement to a pension | |
| (1.1) | Ceasing to be an active member | |
| (2) | Amount and terms of pension | |
| (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 | |
| (9.0.1) | Suspending pension after normal retirement age | |
| (9.0.2) | Value of pension after suspension | |
| (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 | Ancillary benefits | |
| (2) | Entitlement to ancillary benefit | |
| (3) | Method of determining ancillary benefit | |
| 21.2 | Optional ancillary benefits | |
| (2) | Plan to provide for method of conversion | |
| (3) | Accounting and interest | |
| 21.2.1 | Proving entitlement | |
| 21.3 | "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 | |
| 21.3.1 | Withdrawal or transfer from prescribed plan at or after age 65 | |
| (2) | Application for withdrawal or transfer | |
| (3) | Consent of cohabiting spouse or common-law partner | |
| (4) | No withdrawal or transfer of amount payable on division | |
| 21.3.2 | Withdrawal from prescribed plan due to hardship | |
| (2) | Limit on number of applications | |
| (3) | Application for withdrawal | |
| (4) | Consent of cohabiting spouse or common-law partner | |
| (5) | No withdrawal of amount payable on division | |
| 21.4 | (1) | [Repealed] |
| (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 | Refund of contributions | |
| (2) | Transfer of benefits | |
| 23 | 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 | Rate of interest on defined benefit pension plan | |
| (2) | Consistent methods of calculating interest | |
| (3) | Interest on other plans | |
| 26 | 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 | Definitions | |
| (2) | Designation of specified multi-employer plans | |
| (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 | |
| (12) | No partial termination | |
| (13) | Transitional — multi-unit pension plans | |
| 27 | Variable pension or employer contributions | |
| 28 | Trust for contributions | |
| (2) | Payroll deductions | |
| (3) | Employer's contributions in trust | |
| (3.1) | Notice of late payment | |
| (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 | 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 | 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 | Protection of pension money | |
| (1.1) | Exceptions | |
| (2) | Division of pension on breakdown of relationship | |
| (2.1) | Administrator to provide prescribed information | |
| (2.2) | 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 portion | |
| (5) | [Repealed] | |
| (6) | [Repealed] | |
| (7) | [Repealed] | |
| (8) | [Repealed] | |
| (9) | Waiver after death of member | |
| 31.1 | Garnishment of pension benefit credits | |
| 32 | [Repealed] | |
| 33 | 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 | Objection to refusal to register, etc. | |
| (2) | Service of notice of objection | |
| (3) | Review on objection | |
| 36 | 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 | 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 | Appeal to commission | |
| (2) | Notice of hearing | |
| (3) | Decision of the commission | |
| 38 | 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] | |