Written acknowledgment of employers party to the plan
- Every employer whose obligations are affected by an amendment must express consent in writing (obligations may be financial or otherwise).
- In the case of a multi-employer plan, the consent of all the employers whose obligations are affected is required to proceed with registration of amendments.
- In the case of a multi-employer plan that is not considered as such, the employers are jointly responsible for the obligations incumbent on each of them, as if they were acting as guarantors for one another. Thus, where an amendment changes the obligations of only one of the employers, it necessarily concerns all the employers and therefore, all must consent to it.
Statements of consent must be enclosed with the application for registration except if the plan administrator certifies that:
- all employers whose obligations are affected consented in writing to the amendment and that such consent can be provided to Retraite Québec on demand
- the amendment has become mandatory due to the application of a new statutory or regulatory provision giving no latitude to the employer
- the amendment confirms the employer's right to appropriate surplus assets to the payment of employer contributions (contribution holiday) or the payment of the value of the additional obligations arising from an amendment to the plan, as provided for under Chapter X.1 of the Supplemental Pension Plans Act
- the amendment is aimed at the withdrawal of an employer from a multi-employer pension plan which has gone bankrupt or become insolvent
- the employers' obligations are not affected by the amendment.
Amending an SIPP
The contents of this page do not apply to simplified pension plans (SIPPs). Find out more about amending an SIPP.