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Pension Benefits Act
Loi sur les régimes de retraite

ONTARIO REGULATION 311/15

CONVERSIONS AND TRANSFERS OF ASSETS UNDER SECTION 80.4 OF THE ACT AND CONVERSIONS UNDER SECTION 81.0.1 OF THE ACT

Historical version for the period June 4, 2019 to June 7, 2019.

Note: On June 8, 2019, the day section 1 of Schedule 23 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, the Regulation is amended by striking out “Superintendent” wherever it appears and substituting in each case “Chief Executive Officer”. (See: O. Reg. 153/19, s. 1 (1))

Note: On June 8, 2019, the day section 1 of Schedule 23 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, the Regulation is amended by striking out “Superintendent’s” wherever it appears and substituting in each case “Chief Executive Officer’s”. (See: O. Reg. 153/19, s. 1 (2))

Last amendment: 153/19.

Legislative History: 394/15, 286/17, 249/18, 255/18, 153/19.

This Regulation is made in English only.

CONTENTS

General

1.

Application

2.

Interpretation

3.

Effective date of transfer of assets under s. 80.4 of the Act

4.

Effective date of conversion under s. 81.0.1 of the Act

5.

Notices to members, etc.

6.

Requirements re consent by members

7.

Criteria for Superintendent’s consent

8.

Application for Superintendent’s consent

9.

Notice of application

10.

Report re completion of transfer of assets under s. 80.4 of the Act

11.

Report re completion of conversion under section 81.0.1 of the Act

12.

Report to be filed

13.

Criterion re commuted value of benefits

14.

Expenses incurred by trade union

Special Rules re Conversion and Transfer of Assets under Section 80.4 of the Act

15.

Asset transfer amounts

16.

Deadline for transferring assets

17.

Cancellation of special payments

18.

Payment under s. 79.2 (8) and (9) of the Act

Transition

19.

Transition

Schedule 0.1

Pension plans prescribed for the purposes of subsection 80.4 (1) of the act

Schedule 1

Standard notice to members about single employer pension plan

Schedule 2

Standard notice to members about jointly sponsored pension plan

Schedule 3

Standard statement and consent form for members

Schedule 4

Standard notice to former members, retired members and certain others about single employer pension plan

Schedule 5

Standard notice to former members, retired members and certain others about jointly sponsored pension plan

Schedule 6

Standard statement and objection form for former members, retired members and certain others

Schedule 7

Standard notice to trade unions

Schedule 8

Standard statement and consent form for trade unions

Schedule 9

Standard notice to the superintendent

Schedule 10

Application for superintendent’s consent

Schedule 11

Notice of application for superintendent’s consent

 

General

Application

1. (1) This Regulation applies with respect to every conversion and transfer of assets under section 80.4 of the Act and to every conversion under section 81.0.1 of the Act.

(2) The pension plans listed in Schedule 0.1 are prescribed for the purposes of subsection 80.4 (1) of the Act. O. Reg. 249/18, s. 1.

Interpretation

2. (1) Expressions used in this Regulation have the same meaning as in the General Regulation, unless the context requires otherwise.

(2) In this Regulation,

“General Regulation” means Regulation 909 of the Revised Regulations of Ontario, 1990 (General) made under the Act;

“Schedule” means Schedule to this Regulation;

“solvency ratio” means, in respect of a report under the General Regulation relating to a pension plan, the ratio of the solvency assets of the pension plan to the solvency liabilities of the pension plan. O. Reg. 311/15, s. 2 (2); O. Reg. 255/18, s. 1 (1).

(3) For the purposes of this Regulation, a single employer pension plan is receiving solvency funding relief if either of the following circumstances exist:

1. The administrator of the pension plan has elected to use one of the types of solvency relief set out in subsection 5.6 (3), 5.6.1 (3), 5.6.2 (3) or 5.6.3 (3) of the General Regulation and the pension plan is governed by the requirements of section 5.6, 5.6.1, 5.6.2 or 5.6.3 of the General Regulation on the date as of which the notices, the statement and consent forms and the statement and objection forms required under section 5 of this Regulation are prepared.

2. The pension plan is listed in Schedule 1 to Ontario Regulation 178/11 (Solvency Funding Relief for Certain Public Sector Pension Plans) made under the Act and the pension plan is governed by the requirements of that Regulation on the date as of which the notices, the statement and consent forms and the statement and objection forms required under section 5 are prepared. O. Reg. 311/15, s. 2 (3); O. Reg. 255/18, s. 1 (2).

Effective date of transfer of assets under s. 80.4 of the Act

3. The effective date of a transfer of assets under section 80.4 of the Act cannot be earlier than the last day on which the consent or objection to the proposed conversion and transfer of assets under that section may be submitted to the administrator of the single employer pension plan by the members, former members, retired members, other persons entitled to benefits under the single employer pension plan or by any trade union that represents the members.

Effective date of conversion under s. 81.0.1 of the Act

4. The effective date of a conversion under section 81.0.1 of the Act must be within 12 months after the date on which the Superintendent consents to the proposed conversion under that section.

Notices to members, etc. 

5. (1) The administrator of the single employer pension plan must give the following to each member of the single employer pension plan:

1. The standard notice to members about the single employer pension plan, containing the information required by Schedule 1.

2. The standard notice to members about the jointly sponsored pension plan, containing the information required by Schedule 2.

(2) The administrator of the single employer pension plan must give each member of the pension plan who is not represented by a trade union the standard statement and consent form for members, containing the information required by Schedule 3.

(3) The administrator of the single employer pension plan must give the following to each former member, retired member and every other person entitled to benefits under the single employer pension plan:

1. The standard notice to former members, retired members and other persons entitled to benefits under the pension plan about the single employer pension plan, containing the information required by Schedule 4.

2. The standard notice to former members, retired members and other persons entitled to benefits under the pension plan about the jointly sponsored pension plan, containing the information required by Schedule 5.

3. The standard statement and objection form for former members, retired members and other persons entitled to benefits under the pension plan, containing the information required by Schedule 6.

(4) The administrator of the single employer pension plan must give the following to each trade union that represents members of the pension plan:

1. The standard notice to trade unions, containing the information required by Schedule 7.

2. The standard statement and consent form for trade unions, containing the information required by Schedule 8.

(5) The administrator of the single employer pension plan must give the Superintendent the standard notice to the Superintendent of the proposed conversion and transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act, containing the information required by Schedule 9.

(6) The notices, the statement and consent forms and the statement and objection forms required under subsections (1) to (5) must all be given at the same time.

(7) Unless otherwise provided for in a Schedule, the information in the notices, the statement and consent forms and the statement and objection forms must be prepared as of the same date and that date cannot be earlier than six months before the day on which those notices and statements are given.

(8) If a member, former member, retired member, a person entitled to benefits under the single employer pension plan or a trade union that represents members of the pension plan who receives a statement and consent form or a statement and objection form wishes to submit their consent form or objection form to the administrator, he, she or it must do so within 90 days after having received it from the administrator.

(9), (10) Revoked: O. Reg. 311/15 s. 5 (10).

Requirements re consent by members

6. (1) The members, former members, retired members and other persons entitled to benefits under the single employer pension plan are deemed to have consented to a proposed conversion and transfer of assets under section 80.4 of the Act or to a proposed conversion under section 81.0.1 of the Act if both of the following circumstances exist:

1. At least two-thirds of the members of the single employer pension plan consent to the conversion and transfer of assets or to the conversion.

2. Not more than one-third of the former members, retired members and other persons entitled to benefits under the single employer pension plan, as a group, object to the conversion and transfer of assets or to the conversion.

(2) A trade union that represents members of a single employer pension plan may consent on behalf of those members to a proposed conversion and transfer of assets under section 80.4 of the Act or to a proposed conversion under section 81.0.1 of the Act.

Criteria for Superintendent’s consent

7. (1) The following criteria are prescribed for the purposes of subsection 80.4 (13) of the Act:

1. The application required under subsection 80.4 (11) of the Act for the Superintendent’s consent included the information required by Schedule 10.

2. If the effective date of the transfer of assets under section 80.4 of the Act is on or after the date on which the application for the Superintendent’s consent is filed, the employer of the single employer pension plan and the employers or any persons or entities that make contributions on behalf of the employers or represent the employers and the members of the jointly sponsored pension plan or any representatives of the members have given the Superintendent an undertaking that, as of the effective date of the transfer of assets,

i. the commuted value of the pension benefits provided under the jointly sponsored pension plan for the members of the single employer pension plan will not be less than the commuted value of their pension benefits under the single employer pension plan, and

ii. the pension benefits provided under the jointly sponsored pension plan for the former members, retired members and other persons entitled to benefits under the single employer pension plan will be, at a minimum, the same as the pension benefits provided for them under the single employer pension plan.

(2) The following criteria are prescribed for the purposes of subsection 81.0.1 (14) of the Act:

1. The application required under subsection 81.0.1 (12) of the Act for the Superintendent’s consent included the information required by Schedule 10.

2. The employer of the single employer pension plan has given the Superintendent an undertaking that, as of the effective date of the conversion,

i. the pension plan will satisfy the criteria to be a jointly sponsored pension plan as set out in subsection 1 (2) of the Act,

ii. the commuted value of the pension benefits provided under the jointly sponsored pension plan for members of the single employer pension plan will not be less than the commuted value of their pension benefits under the single employer pension plan, and

iii. the pension benefits provided under the jointly sponsored pension plan for the former members, retired members and other persons entitled to benefits under the single employer pension plan will be, at a minimum, the same as the pension benefits provided for them under the single employer pension plan.

Application for Superintendent’s consent

8. (1) An application required under subsection 80.4 (11) of the Act for the Superintendent’s consent to a transfer of assets under section 80.4 of the Act must be filed within nine months after the day on which the notices referred to in subsection 5 (1), paragraphs 1 and 2 of subsection 5 (3) and paragraph 1 of subsection 5 (4) are given by the administrator to the members, former members, retired members and other persons entitled to benefits under the single employer pension plan and to any trade unions that represent members of the pension plan.

(2) An application required under subsection 81.0.1 (12) of the Act for the Superintendent’s consent to a conversion under section 81.0.1 of the Act must be filed within nine months after the day the notices referred to in subsection 5 (1), paragraphs 1 and 2 of subsection 5 (3) and paragraph 1 of subsection 5 (4) are given by the administrator to the members, former members, retired members and other persons entitled to benefits under the single employer pension plan and to any trade unions that represent members of the pension plan.

(3) An application under subsection 80.4 (11) or 81.0.1 (12) of the Act is a prescribed document for the purposes of paragraph 1 of subsection 105 (2) of the Act (extension of time).

Notice of application

9. (1) Promptly after filing the application required under subsection 80.4 (11) or 81.0.1 (12) of the Act, the administrator of the single employer pension plan shall give a notice of the application to all members, former members, retired members and other persons entitled to benefits under the pension plan and to any trade union that represents members of the pension plan, and the notice must contain the information required by Schedule 11.

(2) Promptly after giving the notice required under subsection (1), the administrator of the single employer pension plan shall file a report containing the following information and documents:

1. A certified copy of each type of notice sent to members, former members, retired members and other persons entitled to benefits under the pension plan and a certified copy of each notice sent to any trade union that represents members of the pension plan.

2. A statement certifying the date the notices were sent.

Report re completion of transfer of assets under s. 80.4 of the Act

10. Within 90 days after the assets of a single employer pension plan are transferred to a jointly sponsored pension plan under section 80.4 of the Act, the administrator of the jointly sponsored pension plan shall file a report containing the following information:

1. A statement certifying that the conversion and transfer of assets has been made in accordance with the Act and the regulations.

2. An actuarial cost certificate for the jointly sponsored pension plan as of the date the assets were transferred that satisfies the requirements of section 7.1 of the General Regulation and that indicates the amount of assets transferred.

3. If an actuarial cost certificate was filed for the single employer pension plan as part of the application under subsection 80.4 (11) of the Act, a statement from the administrator of the single employer pension plan certifying the amount of assets transferred and the amount, if any, of assets remaining in the single employer pension plan.

4. If an actuarial cost certificate was not filed for the single employer pension plan as part of the application under subsection 80.4 (11) of the Act, an actuarial cost certificate, from the administrator of the single employer pension plan, for the single employer pension plan as of the effective date of the transfer of assets that satisfies the requirements of section 7.1 of the General Regulation and that indicates the amount of assets transferred and the amount, if any, remaining in the single employer pension plan.

5. A statement from the administrator of the single employer pension plan certifying that all scheduled payments up to the effective date of the transfer of assets have been paid to the single employer pension plan.

6. A statement certifying that, as of the effective date of the transfer of assets,

i. the commuted value of the pension benefits provided under the jointly sponsored pension plan for the members of the single employer pension plan is not less than the commuted value of their pension benefits under the single employer pension plan, and

ii. the pension benefits provided under the jointly sponsored pension plan for the former members, retired members and other persons entitled to benefits under the single employer pension plan are, at a minimum, the same as the pension benefits provided for them under the single employer pension plan.

Report re completion of conversion under section 81.0.1 of the Act

11. Within 90 days after the effective date of a conversion under section 81.0.1 of the Act, the administrator of the jointly sponsored pension plan shall file a report containing the following information:

1. A statement certifying that the conversion has been made in accordance with the Act and the regulations.

2. A statement certifying that, as of the effective date of the conversion,

i. the commuted value of the pension benefits provided under the jointly sponsored pension plan for the members of the single employer pension plan is not less than the commuted value of their pension benefits under the single employer pension plan, and

ii. the pension benefits provided under the jointly sponsored pension plan for the former members, retired members and other persons entitled to benefits under the single employer pension plan are, at a minimum, the same as the pension benefits provided for them under the single employer pension plan.

Report to be filed

12. (1) Within nine months after the effective date of a conversion under section 81.0.1 of the Act, the administrator of the jointly sponsored pension plan shall file a report that is prepared in accordance with the requirements of section 14 of the General Regulation with a valuation date as of the effective date of the conversion.

(2) For the purposes of the report, if any consolidated prior solvency deficiency is determined in the report, the report shall establish a new ten-year period during which the consolidated prior solvency deficiency is to be liquidated.

(3) For the purposes of this section, the consolidated prior solvency deficiency is the present value, as of the valuation date of the report required under subsection (1), of all special payments that are,

(a) required with respect to any solvency deficiency or reduced solvency deficiency determined in a report for the single employer pension plan under section 3, 13 or 14 of the General Regulation that was filed before the report required under subsection (1) is filed; and

(b) scheduled to be paid after the valuation date of the report required under subsection (1). O. Reg. 311/15, s. 12 (3); O. Reg. 255/18, s. 2.

Criterion re commuted value of benefits

13. (1) The commuted value of the pension benefits referred to in paragraph 7 of subsection 80.4 (13) and paragraph 5 of subsection 81.0.1 (14) of the Act must be determined in accordance with actuarial methods and assumptions that are consistent with section 3500 (“Pension Commuted Values”) of the Standards of Practice of the Actuarial Standards Board, published by the Canadian Institute of Actuaries, as that section read upon being revised on March 31, 2015. O. Reg. 311/15, s. 13 (1); O. Reg. 394/15, s. 1.

(2) The commuted value of a member’s pension benefits provided under the single employer pension plan and the jointly sponsored pension plan must be determined as if his or her employment had terminated on the effective date of the transfer of assets under section 80.4 of the Act or of the conversion under section 81.0.1 of the Act and, subject to subsection (3), as if no activating event described in subsection 74 (1) of the Act had occurred on that date. 

(3) The commuted value of a member’s pension benefits provided under the single employer pension plan and the jointly sponsored pension plan may be determined as if an activating event had occurred if the terms of the single employer pension plan and the jointly sponsored pension plan provide that the commuted value of the pension benefits referred to in paragraph 7 of subsection 80.4 (13) and paragraph 5 of subsection 81.0.1 (14) of the Act may be determined as if an activating event had occurred.

(4) Paragraph 7 of subsection 80.4 (13) and paragraph 5 of subsection 81.0.1 (14) of the Act do not apply to a single employer pension plan and a jointly sponsored pension plan if the pension benefits provided under the jointly sponsored pension plan for the members are, at a minimum, the same as the pension benefits provided for them under the single employer pension plan.

(5) If the jointly sponsored pension plan is the Healthcare of Ontario Pension Plan, registered under the Act as number 0346007, paragraph 7 of subsection 80.4 (13) of the Act does not apply and instead the following criterion must be satisfied:

1. As of the effective date of the transfer, the commuted value of the pension benefits provided under the Healthcare of Ontario Pension Plan for the transferred members, as calculated on the basis described in the most recent statement filed under subsection 19 (5.1) of the General Regulation by the administrator of the Plan, is not less than the commuted value of their pension benefits under the single employer pension plan, as calculated in accordance with subsection (1) of this section, as adjusted for any payments made from the single employer pension plan to a prescribed retirement savings arrangement or made directly to the transferred members in connection with the transfer of assets. O. Reg. 286/17, s. 1.

Expenses incurred by trade union

14. For the purposes of subsections 80.4 (21) and 81.0.1 (17) of the Act, the type of fees and expenses for which a trade union may be reimbursed from the pension fund are the legal and actuarial fees and expenses.

Special Rules re Conversion and Transfer of Assets under Section 80.4 of the Act

Asset transfer amounts

15. (1) The amount of assets to be transferred from a single employer pension plan to a jointly sponsored pension plan under section 80.4 of the Act shall be agreed upon by the employer of the single employer pension plan and the sponsors of the jointly sponsored pension plan, subject to the maximum amount determined under subsection (2).

(2) The maximum amount of assets that may be transferred under subsection (1) is the amount of the wind up liabilities of the single employer pension plan determined as of the effective date of the transfer of assets under section 80.4 of the Act.

(3) For the purposes of subsection (2), the wind up liabilities shall be calculated in accordance with subclauses 30 (2) (b) (i) to (vi) of the General Regulation.

(4) If, as of the effective date of the transfer of assets, the amount of assets of the single employer pension plan is less than the amount to be transferred as agreed upon in accordance with subsection (1), the employer of the single employer pension plan shall make one or more payments to the pension fund of the jointly sponsored pension plan. O. Reg. 286/17, s. 2.

(5) The present value of the payment or payments required under subsection (4) must equal the amount of the deficiency. O. Reg. 286/17, s. 2.

Deadline for transferring assets

16. (1) The administrator of the jointly sponsored pension plan shall ensure that a transfer of assets under section 80.4 of the Act is completed within 120 days after the later of the effective date of the transfer and the date on which the Superintendent consents to the transfer.

(2) Subsection (1) does not apply if the employer of the single employer pension plan is required to make one or more payments under subsection 15 (4) and the date of the payment or the final payment, as the case may be, as agreed upon by the employer of the single employer pension plan and the sponsors of the jointly sponsored pension plan, is after the deadline set out in subsection (1). O. Reg. 286/17, s. 3.

Cancellation of special payments

17. For the purposes of subsection 80.4 (17) of the Act, if all of the following circumstances exist, the requirement to make special payments on or after the effective date of the transfer of assets is cancelled:

1. The Superintendent consents to the transfer of assets under section 80.4 of the Act.

2. The special payments relate to a going concern unfunded liability, a solvency deficiency or a reduced solvency deficiency identified in a valuation report with respect to the single employer pension plan and the valuation report has a valuation date that is before the effective date of the transfer of assets.

3. On the effective date of the transfer of assets, a report for the jointly sponsored pension plan is permitted, under subsection 1.3.1 (3) of the General Regulation, to specify that the solvency deficiency for the jointly sponsored pension plan is less than the solvency deficiency calculated under subsection 1.3.1 (2) of the General Regulation but is not less than zero. O. Reg. 255/18, s. 3.

Payment under s. 79.2 (8) and (9) of the Act

18. With respect to a conversion and transfer of assets under section 80.4 of the Act,

(a) subsections 21 (1.1) to (1.3) of the General Regulation apply, with necessary modifications, with respect to a payment into a prescribed retirement savings arrangement under subsection 79.2 (8) of the Act; and

(b) section 22.2 of the General Regulation applies, with necessary modifications, with respect to a payment to an individual under subsection 79.2 (9) of the Act.

19. Omitted (provides for coming into force of provisions of this Regulation).

Note: On June 8, 2019, the day section 1 of Schedule 23 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, section 19 of the Regulation is revoked and the following substituted: (See: O. Reg. 153/19, s. 2)

Transition

Transition

19. (1) For the purposes of this Regulation, any notice, undertaking, application or document given to or filed with the Superintendent under the Act or this Regulation, as they read prior to the day section 1 of Schedule 23 to the Plan for Care and Opportunity Act (Budget Measures), 2018 came into force, is deemed to have been given to or filed with the Chief Executive Officer. O. Reg. 153/19, s. 2.

(2) For the purposes of this Regulation, a consent given by the Superintendent under the Act, as it read prior to the day section 1 of Schedule 23 to the Plan for Care and Opportunity Act (Budget Measures), 2018 came into force, is deemed to have been given by the Chief Executive Officer. O. Reg. 153/19, s. 2.

Schedule 0.1
pension plans prescribed for the purposes of subsection 80.4 (1) of the Act

1. The following are the pension plans referred to in subsection 1 (2) of this Regulation:

1. Toronto Star Pension Plan, registered under the Act as number 0346171.

2. Torstar Pension Plan, registered under the Act as number 0969873.

3. Pension Plan for Employees of Metroland West Media Group, registered under the Act as number 1050871.

4. Metroland Employees’ Retirement Savings Plan, registered under the Act as number 0691287.

5. Metroland Pension Plan for Senior Management Employees, registered under the Act as number 0691295.

6. Metroland Pension Plan, registered under the Act as number 0394288.

7. Retirement Plan for Employees of Metroland, registered under the Act as number 0569939.

8. The Pension Plan for Employees of the Guelph Mercury and the Cambridge Reporter, Divisions of the Metroland Media Group Ltd., registered under the Act as number 1050863.

O. Reg. 249/18, s. 2.

SCHEDULE 1
Standard notice to members about single employer pension plan

1. The standard notice about the single employer pension plan to be given under subsection 5 (1) of this Regulation by the administrator of the single employer pension plan to each member of the pension plan must contain the following information:

1. The name of the single employer pension plan and its provincial registration number.

2. The individual’s name and date of birth.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. The date as of which the information in the notice was prepared.

5. A statement that the information in the notice is only current to the date as of which the information was prepared and that the values contained in the notice may change between that date and the effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

6. A statement that the values at the effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act will be used to determine the individual’s pension benefits under the jointly sponsored pension plan.

7. The date on which the individual joined the pension plan and a statement that his or her entitlement to benefits has vested.

8. The date on which the individual was employed by the employer.

9. The number of years of service credited under the pension plan for the purpose of calculating the individual’s pension benefit.

10. The accumulated amount of required contributions, if any, made to the pension fund by the individual, including interest credited to such contributions.

11. The accumulated amount of any additional voluntary contributions made by the individual to the pension fund, including interest credited to such contributions.

12. If applicable, the formula for computing the individual’s pension benefit under the single employer pension plan.

13. If salary is a factor in determining a pension benefit, the salary level used for the purpose of determining the pension benefit.

14. The individual’s normal retirement date and the annual amount of the pension benefit accrued to the date as of which the information in the notice was prepared that would be payable at his or her normal retirement date.

15. The earliest date on which the individual would be eligible to receive an unreduced pension under the single employer pension plan and the annual amount of the pension benefit accrued to the date as of which the information in the notice was prepared that would be payable on the earliest day on which he or she would be entitled to an unreduced pension.

16. A description of any indexation provisions applicable to the pension benefit.

17. Particulars of any integration of the individual’s pension entitlement with pensions payable under the Canada Pension Plan or the Old Age Security Act (Canada) and the effect of such integration.

18. Particulars of any bridging benefit or special allowance and the dates on which it would begin and would cease to be paid.

19. If applicable, the name of the person recorded as the individual’s spouse.

20. The name of any person designated by the individual as a beneficiary for the purposes of the pre-retirement death benefit under section 48 of the Act.

21. Particulars of any benefit payable in the event of the individual’s death, other than those required under section 44 or 48 of the Act.

22. Particulars of any benefit payable in the event of the termination of the individual’s employment.

23. If applicable, a statement that the individual’s pension benefits and other benefits under the single employer pension plan would be greater than the amount allowed under the Income Tax Act (Canada) to be transferred to the jointly sponsored pension plan, and that the portion that exceeds the allowed transfer amount would be paid into a prescribed retirement savings arrangement on his or her behalf.

24. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the single employer pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation, and an explanation of the solvency ratio, the going concern funded ratio and the wind up funded ratio.

25. The amount of any going concern unfunded liability, any solvency deficiency and any reduced solvency deficiency of the single employer pension plan, determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

26. An explanation of the differences between going concern funding requirements and solvency funding requirements.

27. If applicable, a statement indicating that the single employer pension plan is receiving solvency funding relief.

28. For a proposed conversion and transfer of assets under section 80.4 of the Act, if it is expected that any assets will remain in the single employer pension plan after the proposed conversion and transfer of assets, all of the following information:

i. A statement that the amount of remaining assets is deemed to be surplus under the single employer pension plan, as well as the estimated amount of surplus.

ii. A statement that the surplus will be dealt with in accordance with the documents that create and support the single employer pension plan and in accordance with the requirements of the Act.

iii. A description of the method for allocating surplus set out in the documents that create and support the single employer pension plan.

iv. If the documents that create and support the single employer pension plan do not provide for the allocation of surplus, an explanation of the proposed method for allocating surplus. 

29. A statement that the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act can only proceed if,

i. at least two-thirds of the members give their consent to the proposed conversion and transfer of assets or to the proposed conversion, and

ii. no more than one-third of any former members, retired members and any other persons entitled to benefits under the single employer pension plan, as a group, object to the proposed conversion and transfer of assets or to the proposed conversion.

30. If the individual is represented by a trade union, a statement that the trade union is permitted to consent to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act on behalf of the members of the single employer pension plan that the trade union represents.

31. Information about how to obtain copies of any documents filed with the Superintendent with respect to the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act.

32. A statement that the documents filed with the Superintendent are available for inspection at the premises of the employer or at a location that is agreed upon by the administrator of the single employer pension plan and the person making the request.

33. A statement that personal information about an individual is not available for inspection at the premises of the employer unless the individual’s prior consent is obtained.

O. Reg. 311/15, Sched. 1; O. Reg. 255/18, s. 4.

SCHEDULE 2
Standard notice to members about jointly sponsored pension plan

1. The standard notice about the jointly sponsored pension plan to be given under subsection 5 (1) of this Regulation by the administrator of the single employer pension plan to each member of the single employer pension plan must contain the following information:

1. The name of the jointly sponsored pension plan and its provincial registration number.

2. The individual’s name and date of birth.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. The date as of which the information in the notice was prepared.

5. A statement that the information in the notice is only current to the date as of which the information was prepared and that the values contained in the notice may change between that date and the effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

6. A statement that the values at the effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act will be used to determine the individual’s pension benefits under the jointly sponsored pension plan.

7. A description of the differences, if any, between the rate of contributions payable by the member under the single employer pension plan and under the jointly sponsored pension plan.

8. A description of the differences, if any, between the pension benefits and ancillary benefits provided under the single employer pension plan and under the jointly sponsored pension plan.

9. An estimate of the number of years of service that would be credited to the individual under the jointly sponsored pension plan.

10. The individual’s normal retirement date and an estimate of the annual amount of pension benefit accrued to the date as of which the information in the notice was prepared that would be payable to the individual under the jointly sponsored pension plan at his or her normal retirement date under that plan.

11. A statement that the calculation of the individual’s pension payable under the jointly sponsored pension plan is determined as if the proposed transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act was effective on the date as of which the information in the notice was prepared.

12. An estimate of the earliest date on which the individual would be eligible to receive an unreduced pension under the jointly sponsored pension plan and the annual amount of the pension benefit accrued to the date as of which the information in the notice was prepared that would be payable on the earliest day on which he or she would be entitled to an unreduced pension under that plan.

13. A description of any indexation provisions applicable to the pension benefit.

14. Particulars of any integration of the individual’s pension entitlement with pensions payable under the Canada Pension Plan or the Old Age Security Act (Canada) and the effect of such integration.

15. Particulars of any bridging benefit or special allowance and the dates on which it would begin and would cease to be paid.

16. Particulars of any benefit payable in the event of the individual’s death, other than those required under section 44 or 48 of the Act.

17. Particulars of any benefit payable in the event of the termination of the individual’s employment.

18. The information required under paragraphs 1 to 4 of subsection 80.4 (4) of the Act in respect of a proposed transfer of assets under that section or the information required under paragraphs 1 to 3 of subsection 81.0.1 (5) of the Act in respect of a proposed conversion under that section.

19. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the jointly sponsored pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation, and an explanation of the solvency ratio, the going concern funded ratio and the wind up funded ratio.

20. The amount of any going concern unfunded liability, any solvency deficiency determined under subsection 1.3.1 (2) of the General Regulation and any reduced solvency deficiency determined under subsection 1.3.2 (2) of the General Regulation of the jointly sponsored pension plan, determined as of the most recent filed valuation report under section 3, 13 or 14 of the General Regulation.

21. An explanation of the differences between going concern funding requirements and solvency funding requirements.

22. If applicable, a statement that a report for the jointly sponsored pension plan is permitted, under subsection 1.3.1 (3) of the General Regulation, to specify that the solvency deficiency for the pension plan is less than the solvency deficiency calculated under subsection 1.3.1 (2) of the General Regulation but is not less than zero.

23. A statement that the employers or any persons or entities that make contributions on behalf of the employers or represent the employers and the members of the jointly sponsored pension plan or any representatives of the members are jointly responsible for making all decisions about the terms and conditions of the pension plan and any amendments to the pension plan.

24. A description of the governance structure of the jointly sponsored pension plan, including the methods by which the decisions regarding the appointment of the administrator of the pension plan or the appointment or selection of persons as members of any body or entity referred to in clause 8 (1) (b), (c), (e), (f) or (h) of the Act that is the administrator of the pension plan, will be made after the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act.

25. For a proposed conversion and transfer of assets under section 80.4 of the Act, if the jointly sponsored pension plan is newly established for the purposes of the conversion and transfer of assets, a statement that the employers or any persons or entities who make contributions on behalf of the employers or who represent the employers and the members or the representatives of the members of the pension plan may elect to exclude the pension plan and its members from the operation of section 74 (grow-in benefits) of the Act and an explanation of the effect of that section not applying.

26. For a proposed conversion under section 81.0.1 of the Act, a statement that the employers or any persons or entities who make contributions on behalf of the employers or who represent the employers and the members or the representatives of the members of the jointly sponsored pension plan may elect to exclude the pension plan and its members from the operation of section 74 (grow-in benefits) and an explanation of the effect of that section not applying.

O. Reg. 311/15, Sched. 2; O. Reg. 255/18, s. 5.

SCHEDULE 3
standard statement and consent form for members

1. The standard statement and consent form to be given under subsection 5 (2) of this Regulation by the administrator of the single employer pension plan to each member of the pension plan must contain the following information:

1. The name of the single employer pension plan and its provincial registration number.

2. For a proposed conversion and transfer of assets under section 80.4 of the Act, the name of the jointly sponsored pension plan and its provincial registration number.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. A description of the process to be followed if the individual wishes to give his or her consent to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act and the last day on which the administrator will accept receipt of the consent form.

5. A statement that the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act can only proceed if,

i. at least two-thirds of the members give their consent to the proposed conversion and transfer of assets or to the proposed conversion, and

ii. no more than one-third of any former members, retired members and any other persons entitled to benefits under the single employer pension plan, as a group, object to the proposed conversion and transfer of assets or to the proposed conversion.

SCHEDULE 4
standard notice to former members, retired members and certain others about single employer pension plan

1. The standard notice about the single employer pension plan to be given under subsection 5 (3) of this Regulation by the administrator of the single employer pension plan to each former member, retired member and other person entitled to benefits under the pension plan must contain the following information:

1. The name of the single employer pension plan and its provincial registration number.

2. The individual’s name and date of birth.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. The date as of which the information in the notice was prepared.

5. If the individual is a former member,

i. his or her normal retirement date and the annual amount of the pension that would be payable to him or her at that date under the single employer pension plan,

ii. the earliest date on which he or she would be eligible to receive an unreduced pension under the single employer pension plan, and the annual amount of the pension that would be payable at that date,

iii. a description of any indexation provisions applicable to the pension,

iv. particulars of any bridging benefit or special allowance and the dates on which it would begin and would cease to be paid,

v. particulars of any benefit payable in the event of his or her death, and

vi. the name of his or her spouse, if applicable, and of any beneficiary indicated in the records of the administrator.

6. If the individual is a retired member or if he or she is receiving a pension under the single employer pension plan but is not a retired member,

i. the annual amount of the pension payable to him or her,

ii. a description of any indexation provisions applicable to the pension,

iii. particulars of any bridging benefit or special allowance and the date on which it would cease to be paid,

iv. particulars of any benefit payable in the event of his or her death, and

v. the name of his or her spouse, if applicable, and of any beneficiary indicated in the records of the administrator.

7. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the single employer pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation, and an explanation of the solvency ratio, the going concern funded ratio and the wind up funded ratio.

8. The amount of any going concern unfunded liability, any solvency deficiency and any reduced solvency deficiency of the single employer pension plan, determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

9. An explanation of the differences between going concern funding requirements and solvency funding requirements.

10. If applicable, a statement indicating that the single employer pension plan is receiving solvency funding relief.

11. For a proposed conversion and transfer of assets under section 80.4 of the Act, if it is expected that any assets will remain in the single employer pension plan after the proposed conversion and transfer of assets, all of the following information:

i. A statement that the amount of remaining assets is deemed to be surplus under the single employer pension plan, as well as the estimated amount of surplus.

ii. A statement that the surplus will be dealt with in accordance with the documents that create and support the single employer pension plan and in accordance with the requirements of the Act.

iii. A description of the method for allocating surplus as set out in the documents that create and support the single employer pension plan.

iv. If the documents that create and support the single employer pension plan do not provide for the allocation of surplus, an explanation of the proposed method for allocating surplus. 

12. A statement that the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act can only proceed if,

i. at least two-thirds of the members give their consent to the proposed conversion and transfer of assets or to the proposed conversion, and

ii. no more than one-third of any former members, retired members and any other persons entitled to benefits under the single employer pension plan, as a group, object to the proposed conversion and transfer of assets or to the proposed conversion.

13. Information about how to obtain copies of any documents filed with the Superintendent with respect to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act.

14. A statement that the documents filed with the Superintendent are available for inspection at the premises of the employer or at a location that is agreed upon by the administrator of the single employer pension plan and the person making the request.

15. A statement that personal information about an individual is not available for inspection at the premises of the employer unless the individual’s prior consent is obtained.

O. Reg. 311/15, Sched. 4; O. Reg. 255/18, s. 6.

SCHEDULE 5
standard notice to Former members, retired members and certain others about jointly sponsored pension plan

1. The standard notice about the jointly sponsored pension plan to be given under subsection 5 (3) of this Regulation by the administrator of the single employer pension plan to each former member, retired member and other person entitled to benefits under the pension plan must contain the following information:

1. The name of the jointly sponsored pension plan and its provincial registration number.

2. The individual’s name and date of birth.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. The date as of which the information in the notice was prepared.

5. If the individual is a former member,

i. his or her normal retirement date and the annual amount of the pension that would be payable to him or her at that date under the jointly sponsored pension plan,

ii. the earliest date on which he or she would be eligible to receive an unreduced pension under the jointly sponsored pension plan, and the annual amount of the pension that would be payable at that date,

iii. a description of any indexation provisions applicable to the pension,

iv. particulars of any bridging benefit or special allowance and the dates on which it would begin and would cease to be paid,

v. particulars of any benefit payable in the event of his or her death, and

vi. the name of his or her spouse, if applicable, and of any beneficiary indicated in the records of the administrator.

6. If the individual is a retired member or if he or she is receiving a pension under the single employer pension plan but is not a retired member,

i. the annual amount of the pension payable to him or her under the jointly sponsored pension plan,

ii. a description of any indexation provisions applicable to the pension,

iii. particulars of any bridging benefit or special allowance and the date on which it would cease to be paid,

iv. particulars of any benefit payable in the event of his or her death, and

v. the name of his or her spouse, if applicable, and of any beneficiary indicated in the records of the administrator.

7. A statement that the pension benefits provided under the jointly sponsored pension plan are, at a minimum, the same as the pension benefits provided for the individual under the single employer pension plan.

8. A description of the differences, if any, between the pension benefits and ancillary benefits provided under the single employer pension plan and under the jointly sponsored pension plan.

9. The information required under paragraphs 1 to 4 of subsection 80.4 (4) of the Act in respect of a proposed transfer of assets under that section or the information required under paragraphs 1 to 3 of subsection 81.0.1 (5) of the Act in respect of a proposed conversion under that section.

10. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the jointly sponsored pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

11. The amount of any going concern unfunded liability, any solvency deficiency determined under subsection 1.3.1 (2) of the General Regulation and any reduced solvency deficiency determined under subsection 1.3.2 (2) of the General Regulation of the jointly sponsored pension plan, determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

12. An explanation of the differences between going concern funding requirements and solvency funding requirements.

13. If applicable, a statement indicating that a report for the jointly sponsored pension plan is permitted, under subsection 1.3.1 (3) of the General Regulation, to specify that the solvency deficiency for the pension plan is less than the solvency deficiency calculated under subsection 1.3.1 (2) of the General Regulation but is not less than zero.

14. A statement that the employers or any persons or entities that make contributions on behalf of the employers or represent the employers and the members of the jointly sponsored pension plan or any representatives of the members are jointly responsible for making all decisions about the terms and conditions of the pension plan and any amendments to the pension plan.

15. A description of the governance structure of the jointly sponsored pension plan, including the methods by which the decisions regarding the appointment of the administrator of the pension plan or the appointment or selection of persons as members of any body or entity referred to in clause 8 (1) (b), (c), (e), (f) or (h) of the Act that is the administrator of the pension plan, will be made after the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act.

O. Reg. 311/15, Sched. 5; O. Reg. 255/18, s. 7.

SCHEDULE 6
Standard statement and objection form for Former members, retired members and certain others

1. The standard statement and objection form to be given under subsection 5 (3) of this Regulation by the administrator of the single employer pension plan to each former member, retired member and other person entitled to benefits under the pension plan must contain the following information:

1. The name of the single employer pension plan and its provincial registration number.

2. For a proposed conversion and transfer of assets under section 80.4 of the Act, the name of the jointly sponsored pension plan and its provincial registration number.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. A description of the process to be followed if the individual wishes to object to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act and the last day on which the administrator will accept receipt of the objection form. 

5. A statement that the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act can only proceed if,

i. at least two-thirds of the members give their consent to the proposed conversion and transfer of assets or to the proposed conversion, and

ii. no more than one-third of any former members, retired members and any other persons entitled to benefits under the single employer pension plan, as a group, object to the proposed conversion and transfer of assets or to the proposed conversion.

SCHEDULE 7
standard notice to trade unions

1. The standard notice to be given under subsection 5 (4) of this Regulation by the administrator of the single employer pension plan to each trade union that represents members of the pension plan must contain the following information:

1. The name of the single employer pension plan and its provincial registration number.

2. For a proposed conversion and transfer of assets under section 80.4 of the Act, the name of the jointly sponsored pension plan and its provincial registration number.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. A description of the differences, if any, between the rate of contributions payable by members under the single employer pension plan and under the jointly sponsored pension plan.

5. A description of the differences, if any, between the pension benefits and ancillary benefits provided under the single employer pension plan and under the jointly sponsored pension plan.

6. A copy of the most recent reports filed under section 3, 13 or 14 of the General Regulation for the single employer pension plan and for the jointly sponsored pension plan.

7. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the single employer pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation, and an explanation of the solvency ratio, the going concern funded ratio and the wind up funded ratio.

8. The amount of any going concern unfunded liability, any solvency deficiency and any reduced solvency deficiency of the single employer pension plan, determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

9. An explanation of the differences between going concern funding requirements and solvency funding requirements.

10. If applicable, a statement indicating that the single employer pension plan is receiving solvency funding relief.

11. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the jointly sponsored pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation, and an explanation of the solvency ratio, the going concern funded ratio and the wind up funded ratio.

12. The amount of any going concern unfunded liability, any solvency deficiency determined under subsection 1.3.1 (2) of the General Regulation and any reduced solvency deficiency determined under subsection 1.3.2 (2) of the General Regulation of the jointly sponsored pension plan, determined as of the most recent filed valuation report under section 3, 13 or 14 of the General Regulation.

13. For a proposed conversion and transfer of assets under section 80.4 of the Act, if it is expected that any assets will remain in the single employer pension plan after the proposed conversion and transfer of assets, all of the following information:

i. A statement that the amount of remaining assets is deemed to be surplus under the single employer pension plan, as well as the estimated amount of surplus.

ii. A statement that the surplus will be dealt with in accordance with the documents that create and support the single employer pension plan and in accordance with the requirements of the Act.

iii. A description of the method for allocating surplus as set out in the documents that create and support the single employer pension plan.

iv. If the documents that create and support the single employer pension plan do not provide for the allocation of surplus, an explanation of the proposed method for allocating surplus. 

14. A statement that the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act can only proceed if,

i. at least two-thirds of the members give their consent to the proposed conversion and transfer of assets or to the proposed conversion, and

ii. no more than one-third of any former members, retired members and any other persons entitled to benefits under the single employer pension plan, as a group, object to the proposed conversion and transfer of assets or to the proposed conversion.

15. A description of the governance structure of the jointly sponsored pension plan, including the methods by which the decisions regarding the appointment of the administrator of the pension plan or the appointment or selection of persons as members of any body or entity referred to in clause 8 (1) (b), (c), (e), (f) or (h) of the Act that is the administrator of the pension plan, will be made after the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act.

O. Reg. 311/15, Sched. 7; O. Reg. 255/18, s. 8.

SCHEDULE 8
standard statement and consent form for trade unions

1. The standard statement and consent form to be given under subsection 5 (4) of this Regulation by the administrator of the single employer pension plan to each trade union that represents members of the pension plan must contain the following information:

1. The name of the trade union.

2. The name of the single employer pension plan and its provincial registration number.

3. For a proposed conversion and transfer of assets under section 80.4 of the Act, the name of the jointly sponsored pension plan and its provincial registration number.

4. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

5. A statement that if the members of the single employer pension plan are represented by a trade union, the trade union may consent on behalf of those members.

6. A description of the process to be followed if the trade union wishes to consent on behalf of its members to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act and the last day on which the administrator will accept receipt of the consent form.

7. A statement that the administrator of the single employer pension plan has provided every member, former member, retired member and any other person entitled to benefits under the single employer pension plan with a notice of the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act, as well as a copy of a consent form for each member who is not represented by a trade union and an objection form for each former member, retired member and any other person entitled to benefits under the pension plan.

8. A statement that the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act can only proceed if,

i. at least two-thirds of the members give their consent to the proposed conversion and transfer of assets or to the proposed conversion, and

ii. no more than one-third of any former members, retired members and any other persons entitled to benefits under the single employer pension plan, as a group, object to the proposed conversion and transfer of assets or to the proposed conversion.

SCHEDULE 9
standard notice to THE SUPERINTENDENT

1. The standard notice to be given under subsection 5 (5) of this Regulation by the administrator of the single employer pension plan to the Superintendent must contain the following information:

1. The name of the single employer pension plan and its provincial registration number.

2. For a proposed conversion and transfer of assets under section 80.4 of the Act, the name of the jointly sponsored pension plan and its provincial registration number.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. A description of the differences, if any, between the rate of contributions payable by members under the single employer pension plan and under the jointly sponsored pension plan.

5. A description of the differences, if any, between the pension benefits and ancillary benefits provided under the single employer pension plan and under the jointly sponsored pension plan.

6. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the single employer pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

7. The amount of any going concern unfunded liability, any solvency deficiency and any reduced solvency deficiency of the single employer pension plan, determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

8. If applicable, a statement indicating that the single employer pension plan is receiving solvency funding relief.

9. The solvency ratio, the going concern funded ratio and the wind up funded ratio of the jointly sponsored pension plan each determined as of the valuation date of the most recent report filed under section 3, 13 or 14 of the General Regulation.

10. The amount of any going concern unfunded liability, any solvency deficiency determined under subsection 1.3.1 (2) of the General Regulation and any reduced solvency deficiency determined under subsection 1.3.2 (2) of the General Regulation of the jointly sponsored pension plan, determined as of the most recent filed valuation report under section 3, 13 or 14 of the General Regulation.

11. For a proposed conversion and transfer of assets under section 80.4 of the Act, if it is expected that any assets will remain in the single employer pension plan after the proposed conversion and transfer of assets, all of the following information:

i. The estimated amount of surplus.

ii. A statement that the surplus will be dealt with in accordance with the documents that create and support the single employer pension plan and in accordance with the requirements of the Act.

iii. A description of the method for allocating surplus as set out in the documents that create and support the single employer pension plan.

iv. If the documents that create and support the single employer pension plan do not provide for the allocation of surplus, an explanation of the proposed method for allocating surplus. 

12. A description of the governance structure of the jointly sponsored pension plan, including the methods by which the decisions regarding the appointment of the administrator of the pension plan or the appointment or selection of persons as members of any body or entity referred to in clause 8 (1) (b), (c), (e), (f) or (h) of the Act that is the administrator of the pension plan, will be made after the proposed conversion and transfer of assets under section 80.4 of the Act or the proposed conversion under section 81.0.1 of the Act.

13. A description of the level of participation of members, former members and retired members in the administration of the jointly sponsored pension plan.

14. The name of each trade union that represents members of the single employer pension plan.

O. Reg. 311/15, Sched. 9; O. Reg. 255/18, s. 9.

Schedule 10
application for superintendent’s consent

1. The following information must, under paragraph 1 of subsection 7 (1) and paragraph 1 of subsection 7 (2) of this Regulation, be included in an application for the Superintendent’s consent to a proposed conversion and transfer of assets under section 80.4 of the Act or to a proposed conversion under section 81.0.1 of the Act:

1. Certified copies of each type of document required to be given by the administrator under subsections 5 (1) to (4) of this Regulation and the date on which those documents were given.

2. A copy of the proposed amendments to the single employer pension plan and, if applicable, to the jointly sponsored pension plan relating to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act.

3. A statement by the administrator of the single employer pension plan certifying that the single employer pension plan satisfies the requirements of the Act and regulations relating to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act.

4. For a proposed conversion and transfer of assets under section 80.4 of the Act,

i. a certified copy of the agreement between the employer of the single employer pension plan and the sponsors of the jointly sponsored pension plan and certified copies of any amendments to it, and

ii. a statement by the administrator of the jointly sponsored pension plan certifying that the pension plan satisfies the requirements of the Act and regulations relating to the proposed conversion and transfer of assets.

5. For a proposed conversion and transfer of assets under section 80.4 of the Act, if the effective date of the proposed transfer of assets is before the date on which the application for the Superintendent’s consent is filed,

i. an actuarial cost certificate described in section 7.1 of the General Regulation prepared for the single employer pension plan as of the effective date of the proposed transfer of assets, and

ii. statements by the employer of the single employer pension plan and by the sponsors of the jointly sponsored pension plan certifying that as of the effective date of the proposed transfer of assets,

A. the commuted value of the pension benefits provided under the jointly sponsored pension plan for the members of the single employer pension plan is not less than the commuted value of their pension benefits under the single employer pension plan, and

B. the pension benefits provided under the jointly sponsored pension plan for the former members, retired members and other persons entitled to benefits under the single employer pension plan are, at a minimum, the same as the pension benefits provided for them under the single employer pension plan.

6. A statement from the employer of the single employer pension plan certifying that consent to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act has been given by the members, former members, retired members and other persons entitled to benefits under the pension plan.

7. Certified copies of any consent forms received from members or any trade unions that represent members of the single employer pension plan, as well as any objection forms received from former members, retired members or other persons entitled to benefits under the single employer pension plan, if such documents were received before the last day on which the administrator will accept receipt of the consent or objection form.

Schedule 11
notice of application for superintendent’s consent

1. The following information must, under subsection 9 (1) of this Regulation, be included in a notice to members, former members, retired members and other persons entitled to benefits under the single employer pension plan and to any trade union that represents members of the pension plan regarding the application for the Superintendent’s consent to a proposed conversion and transfer of assets under section 80.4 of the Act or to a proposed conversion under section 81.0.1 of the Act:

1. The name of the single employer pension plan and its provincial registration number.

2. For a proposed conversion and transfer of assets under section 80.4 of the Act, the name of the jointly sponsored pension plan and its provincial registration number.

3. The effective date of the proposed transfer of assets under section 80.4 of the Act or of the proposed conversion under section 81.0.1 of the Act.

4. The date on which the application for the Superintendent’s consent was filed.

5. A statement that the members, former members, retired members and other persons entitled to benefits under the single employer pension plan have consented to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act.

6. The name and details about the person who the recipient of the notice may contact with respect to any questions arising out of the notice.

7. Information about how to obtain copies of any documents filed with the Superintendent with respect to the proposed conversion and transfer of assets under section 80.4 of the Act or to the proposed conversion under section 81.0.1 of the Act.

8. A statement that the documents filed with the Superintendent are available for inspection at the premises of the single employer pension plan or at a location that is agreed upon by the administrator of the pension plan and the person making the request.

9. A statement that personal information about an individual is not available for inspection unless the individual’s prior consent is obtained.