Pension Benefits Standards Act, 1985

Marginal note:Filing of amendments

• 10.1 (1) The administrator of a pension plan shall file with the Superintendent, within sixty days after making an amendment to any document referred to in subsection 10(1), a copy of the amendment and a declaration (in the form, if any, specified by the Superintendent) 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) 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) the solvency ratio of the pension plan would fall below the prescribed solvency ratio level;

  • (c) 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

  • (d) 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.