Payment of benefits to plan members and beneficiaries

• Prescribed time limit for payment of benefits 
• The Régie des rentes du Québec can order that payment of benefits be postponed 
• Advancing funds to plan members and beneficiaries - be careful! 
• Untraceable persons and Revenu Québec 
• In the event of surplus assets 

Prescribed time limit

The plan administrator must pay benefits to members and beneficiaries between 30 and 60 days after receipt of the termination report by the Régie. In other words, the administrator must wait 30 days before paying benefits.

The acknowledgement of receipt for the termination report that the Régie sends indicates the date on which the administrator can pay benefits.

The 30-day waiting period imposed on the administrator for paying benefits allows the Régie to read the termination report and demand corrections, if necessary.

The Régie can order that payment of benefits be postponed

The Régie has the power, in some cases, to order the administrator to postpone payment of benefits, for example, to get certain details about the termination report.

When the situation arises, the Régie informs the administrator of the new waiting period for payment of benefits.

Cash advances to plan members and beneficiaries

The plan administrator can:

• continue to pay pensions that were already in payment on the termination date or early benefits already scheduled on the termination date
• start payment of pensions that become payable after the termination date.

However, if the plan is not solvent, the administrator must get the Régie's consent prior to making payments.

Other types of advances

The Supplemental Pension Plans Act does not make any provision either allowing or forbidding cash advances.

If the administrator decides to make cash advances, it must assume the risk. Thus, the plan administrator is responsible for recovering overpayments to members and beneficiaries, if, for example, it turns out that:

• the plan's pension fund has poor returns
• amounts that were supposed to be paid by the employer will not be collected because of bankruptcy
• the termination report contains an error or an omission.

Untraceable persons and Revenu Québec

If the administrator is still unable to trace missing plan members or beneficiaries even after taking the proper step, including contacting the Régie, the administrator must remit the amounts owing to those persons to Revenu Québec .

Note - The plan administrator may only remit the amounts owing 3 years after expiry of the 90-day period. However, it can proceed before that 3-year period has passed if all that is left to do is pay the benefits of such untraceable members and beneficiaries.

The 90-day period starts on the date the plan administrator receives the notice of termination from the employer or the Régie's decision to terminate the plan.

If there are surplus assets

If the termination report shows surplus assets, they must stay in the pension fund until a supplement to the termination report has been sent to the Régie. Once again, there is a prescribed time limit for allocation of surplus assets.

Step after payment of benefits

Allocation of surplus assets (if any)