Obligations of the plan administrator with respect to untraceable members
One of the plan administrator's tasks is to pay benefits and refunds to which
members and beneficiaries are entitled. He or she must take all the necessary
steps to do so, even if he or she has not been informed of a change of address
or does not have the beneficiary's contact information.
The plan administrator must adopt measures to ensure the accuracy of members'
and beneficiaries' contact information.
If correspondence to a member is returned because he or she has moved, the
administrator must be informed, since he or she is obliged to trace the member.
Similarly, if a cheque issued to a member or beneficiary is returned or
remains uncashed, it is important that the plan administrator be notified as
soon as possible so that he or she can take the necessary steps.
Locating untraceable members and beneficiaries
When members or beneficiaries are untraceable, the administrator must locate
The plan administrator must contact Retraite Québec with a request to locate
the person in question. When an untraceable member or beneficiary domiciled in
Québec is entitled to a refund or to the payment of pension benefits or other
amounts due to him or her, the Supplemental Pension Plans Act (CQLR,
c. R-15.1) provides that the plan administrator must submit a
request to find untraceable members or beneficiaries to Retraite Québec.
If Retraite Québec is able, with the information at its disposal, to locate
the member or beneficiary, it will contact the person directly to notify him or
her that he or she may be entitled to benefits under a pension plan and request
that he or she contact the plan administrator at the address indicated. This
process is intended to maintain the confidentiality of Retraite Québec's
information about its clients.
If the person is deceased, Retraite Québec will inform the plan administrator
and notify the heirs of the estate, if applicable.
The plan administrator may also seek the assistance of a tracing firm.
However, if the firm is unsuccessful, the administrator must request that
Retraite Québec take the necessary steps to locate the person in question.
Remitting unclaimed property to Revenu Québec
The plan administrator must remit to Revenu Québec the value of the benefits
payable to untraceable members and beneficiaries within three years
following the due date of the amounts in question. The due date is
- December 31 of the year in which the member turns 71 years of age;
- the date of death of the member. However, when a plan administrator is
notified of the date of death three years after the fact, such benefits must
be remitted in the first quarter following the end of the plan's fiscal year
during which confirmation of death was obtained;
- the date as of which a member can demand a refund of the
value of his or her benefits if it is less than 20% of the MPE following a
decision made by the administrator to force the refund.
Similarly, upon termination of the pension plan, if the only benefits payable
are those of untraceable members and beneficiaries, these amounts must be
remitted to Revenu Québec. In this case, the amounts cannot be remitted until
the plan administrator is authorized under the Supplemental Pension Plans
Act to pay benefits to other members and beneficiaries. Once the plan
administrator is authorized to do so, it is no longer necessary to wait three
years to pay the benefits.
For more information, consult the section entitled
Unclaimed property on the Revenu Québec website.
Interest on late payments
The plan administrator must remit the value of unclaimed benefits to Revenu
Québec once a year, no later than three months following the end of the plan's
fiscal year during which they became unclaimed for at least three years.
If these amounts are not remitted to Revenu Québec within the time allotted,
interest will be applied.