Alberta BC Section 1 Interpretation 1 2 Exemption of plans 3 Publicly funded plans Application to public sector plans 2 Application to plans for

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Transcription:

1 Interpretation 1 2 Exemption of plans 3 Publicly funded plans Application to public sector plans 2 Application to plans for connected persons 3 4 Appointment and duties of Superintendent of Pensions 4 5 Superintendent s authority to extend time limits 5 6 Terms and conditions 6 7 Personal liability protection 7 8 General requirements of plan text documents 8 9 Plan text documents to reflect Act provisions 9 10 Provisions relating to gender 10 11 Fiscal year of plan 11 12 Restrictions on administration of plans 12 13 Application for registration of plans 13 14 Superintendent must register plan in appropriate circumstances 14 15 If application is refused or withdrawn 15 16 Superintendent may cancel plan registration 16 17 Restrictions on administration of plan if plan text document amended 17 18 Filings required for registration of amendment to plan text documents 18 19 Restrictions on administration of plan if amendments severed 19 20 Restrictions on amendments to reduce benefits 20 21 Amendment to temporarily improve benefits under target benefit provision 21 22 Superintendent must register amendment to plan text document in appropriate circumstances 22 23 Revocation of registration of amendment 23 24 Transactions may be reversed 24 25 Restrictions on administration of plan if supporting plan document amended 25 26 Amendment to supporting plan documents 26 27 Effective date of plan or amendment 27

28 Designation of plan 28 29 Entitlement of employees to join plan 29 30 Dispute as to member of class of employees 30 31 Suspension of membership 31 32 Vesting of pension 32 33 Plan requirements 33 34 Retention of records 34 35 Responsibilities of administrator 35 36 Administrator must enter into participation agreement 36 37 Administrator must disclose information and records 37 38 Administrator must file reports and returns 38 39 Administrator must disclose insolvency proceedings 39 40 Repayment of contributions or transfer of benefits 40 41 Review of plan 41 42 Administrator must ensure governance policy established 42 43 Administrator must ensure statement of investment policies and procedures established 43 44 Administrator must ensure funding policy established 44 45 Funding responsibilities of participating employer 45 46 Participating employer must provide information and records to administrator 46 47 Trust agreement applies to all participating employers 47 48 Participating employer must enter into participation agreement 48 49 Compelling compliance 49 50 Who may act as fundholder 50 51 Responsibilities of fundholders 51 52 Funding requirements for benefit formula provisions 52 53 Funding requirements for defined contribution provisions 53 54 Solvency reserve account 54 55 Letters of credit 55 56 Remitting of contributions 56

57 Maximum employee contributions for funding pension under benefit formula provision 57 58 Deemed trust 58 59 Refund of contributions to avoid revocation 59 60 Deemed trust for unremitted contributions 61 Registration of claim for contributions 62 Investment requirements 60 63 Interest, gains and losses on contributions and benefits 61 64 Transfer of actuarial excess or surplus 62 65 Use of actuarial excess 63 66 Age requirements of plan text document 64 67 Pension may start before pension eligibility date 65 68 If employment continues after pension eligibility date 66 69 Evidence of entitlement to benefit 67 70 Locking in commuted value of benefits 68 71 Exceptions to locking in commuted value of benefits 69 72 No disposition or attachment of benefits and money 70 73 Income and asset testing 71 74 Restrictions on transfer of assets 72 75 Maximum years and amounts 73 76 Adjustments in pension for CPP Act, QPP Act and OAS Act 74 77 Flexibility for life income type benefits 75 Lump-sum payments 76 Division of pension under orders or agreements 77 79 Prevalence of this Division in relation to benefits 80 Application of matrimonial property orders and agreements 81 Division and distribution of benefits 82 Valuation of benefits 83 Locking-in of non-member pension partner s share 84 Bar against further claims

85 Adjustment of member s share 86 Application to Court for clarification, etc. 87 Fees 88 Definition 78 89 Survivor s benefits if member dies before pension commencement 79 90 Survivor s benefits if retired member dies after pension commencement 80 91 Pension partner s change in status 81 92 Ancillary benefits 82 93 Phased retirement benefit 83 94 Lump sum payments pre-retirement 95 Payment out of additional voluntary contributions and optional ancillary contributions 84 96 When a transfer may be made under this Division 85 97 What may be transferred 86 98 Transfer may be restricted or postponed 87 99 How transfer may be made 88 100 When plan can require transfer to be made 89 101 Interpretation 102 Transfer of benefits 103 Transfer of benefits on winding-up 104 Deductions from amounts to be transferred 105 Entitlement to claim under the Unclaimed Personal Property and Vested Property Act 106 Minimum amount to be transferred 107 Confirmation to Superintendent 108 Act no longer applies 109 Use of personal information 110 Prescribed rules apply to predecessor and successor plans 90 111 Rights of members on transfer of membership to another plan 91 112 Prescribed rules apply when benefits are converted from one type to another 92 113 Participating employer s withdrawal from a collectively bargained multi-employer plan 93

114 Participating employer s withdrawal from a non-collectively bargained multi-employer plan 94 115 Continuation of pension plan despite cessation of benefit accrual 95 116 Definition 96 117 Voluntary termination 97 118 Termination by direction of Superintendent 98 119 Benefits cease to accrue 99 120 Required amounts must be remitted 100 121 Solvency deficiency must be eliminated 101 122 Termination report required 102 123 Limitations on payments of pension or benefits 103 124 When plan must be wound up 104 125 Transfer rights on winding-up 105 126 Allocation and distribution of assets if insufficient to satisfy benefits 106 127 Surplus on winding-up 107 128 Superintendent s authority to appoint administrator on plan termination or winding-up 108 129 Expense of termination and winding-up 109 130 Inspection and production of documents 110 131 Superintendent may request documents 111 132 Superintendent may apply for order 112 133 Directions for compliance 113 134 Superintendent s authority to appoint administrator 114 135 Designation of actuary 115 136 Administrative penalties 116 137 Enforcement of administrative penalty 117 138 Expenses of inspections 118 139 Remedies preserved 119 140 Limitation on proceedings 120 141 Failure to pay administrative penalty 121 142 Remedies preserved 122

143 Offences and penalties 123 144 Limitation period for prosecution 124 145 Superintendent must provide notice of decision 125 146 Notice of objection 126 147 Appeal to Tribunal 127 148 Appointment of an appeal panel 149 Establishment of Tribunal 150 Jurisdiction and powers of Tribunal 151 Amending decision 152 Appeal to the Court 153 Reciprocal powers and agreements with other governments 128 154 Agreements respecting multi-jurisdictional plans 129 155 Transitional regulations 130 156 Service of documents 131 157 Proof of date of service 132 158 Fees, levies or other assessments 159 Regulations 133 160 Consequential amendments 135-176 161 Repeal 134 162 Commencement 177