Acts and Regulations

P-5.1 - Pension Benefits Act

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Eligibility for membership in a pension plan
29(1)Subject to section 31, every employee of a class of employees for whom a pension plan is established is eligible to be a member of the pension plan.
29(2)If there is a dispute as to whether an employee is a member of a class of employees for whom a pension plan is established or maintained, the Superintendent by order may require the administrator to accept the employee as a member.
29(3)The Superintendent may make an order under subsection (2) if the employee performs work that in the opinion of the Superintendent is similar or identical to the work performed by an employee who is a member of the pension plan.
29(4)An employee in a class of employees for whom a pension plan is established is entitled to become a member of the pension plan upon application at any time after completing twenty-four months of full-time continuous employment or any shorter period of full-time continuous employment provided for by the pension plan.
29(5)A pension plan may require not more than twenty-four months of less than full-time continuous employment with the employer with earnings of not less than thirty-five per cent of the Year’s Maximum Pensionable Earnings in each of two consecutive calendar years immediately before membership in the pension plan, or such equivalent basis as is approved by the Superintendent, as a condition precedent to membership in the pension plan.
29(6)A multi-employer pension plan may require a total of not more than twenty-four months of employment with one or more participating employers and earnings of not less than thirty-five per cent of the Year’s Maximum Pensionable Earnings in each of two consecutive calendar years immediately before membership in the plan, or such equivalent basis as may be approved by the Superintendent, as a condition precedent to membership in the pension plan.
29(7)The Superintendent may give the approval referred to in subsection (5) or (6) if the Superintendent is of the opinion that the basis is equivalent in the circumstances to the earnings mentioned in the subsections.
29(8)A member of a pension plan does not cease to be a member of the pension plan by reason only that the member earns less than thirty-five per cent of the Year’s Maximum Pensionable Earnings in a calendar year.
2021, c.41, s.9
Eligibility for membership in a pension plan
29(1)Subject to section 31, every employee of a class of employees for whom a pension plan is established is eligible to be a member of the pension plan.
29(2)If there is a dispute as to whether an employee is a member of a class of employees for whom a pension plan is established or maintained, the Superintendent by order may require the administrator to accept the employee as a member.
29(3)The Superintendent may make an order under subsection (2) if the employee performs work that in the opinion of the Superintendent is similar or identical to the work performed by an employee who is a member of the pension plan.
29(4)An employee in a class of employees for whom a pension plan is established is entitled to become a member of the pension plan upon application at any time after completing twenty-four months of full-time continuous employment.
29(5)A pension plan may require not more than twenty-four months of less than full-time continuous employment with the employer with earnings of not less than thirty-five per cent of the Year’s Maximum Pensionable Earnings in each of two consecutive calendar years immediately before membership in the pension plan, or such equivalent basis as is approved by the Superintendent, as a condition precedent to membership in the pension plan.
29(6)A multi-employer pension plan may require a total of not more than twenty-four months of employment with one or more participating employers and earnings of not less than thirty-five per cent of the Year’s Maximum Pensionable Earnings in each of two consecutive calendar years immediately before membership in the plan, or such equivalent basis as may be approved by the Superintendent, as a condition precedent to membership in the pension plan.
29(7)The Superintendent may give the approval referred to in subsection (5) or (6) if the Superintendent is of the opinion that the basis is equivalent in the circumstances to the earnings mentioned in the subsections.
29(8)A member of a pension plan does not cease to be a member of the pension plan by reason only that the member earns less than thirty-five per cent of the Year’s Maximum Pensionable Earnings in a calendar year.