Pension Benefits Standards Act, 1985

Marginal note:Filing of amendments

• 10.1 (1) The administrator of a pension plan must file with the Superintendent, within 60 days after an amendment is made to any document referred to in subsection 10(1), in the form and manner, if any, that the Superintendent directs, a copy of the amendment and a declaration, signed by the administrator that the plan as amended complies with this Act and the regulations.

• Marginal note:Void amendments

  (2) Unless the Superintendent authorizes the amendment, an amendment is void or, in Quebec, null if

  • (a) with respect to a pension plan, it would have the effect of reducing

    • (i) pension benefits accrued before the date of the amendment or pension benefit credits relating to pension benefits accrued before the date of the amendment, or

    • (ii) an immediate or deferred pension benefit to which a member, former member or any other person was entitled before the date of the amendment;

  • (b) with respect to a pension plan other than a negotiated contribution plan,

    • (i) the solvency ratio of the pension plan would fall below the prescribed solvency ratio level,

    • (ii) the amendment would reduce the solvency ratio of the pension plan and the solvency ratio would be below the prescribed solvency ratio level once the amendment is made, or

    • (iii) the solvency ratio of the pension plan is below the prescribed solvency ratio level and the amendment would increase pension benefits or pension benefit credits; or

  • (c) with respect to a negotiated contribution plan, the amendment does not meet the requirements of the regulations.

  • (d) [Repealed, 2021, c. 23, s. 189]