Bill 2606 — An Act To Amend the Pension Benefits Act, 1997 (51st General Assembly, 1st Session)
Bill 2606
Newfoundland and Labrador — Bills
First
Session, 51st General Assembly
Charles III, 2026
BILL 6
AN ACT TO AMEND THE
PENSION BENEFITS ACT, 1997
Received
and Read the First Time ................................................................
Second
Reading ............................................................................................
Committee .....................................................................................................
Third
Reading ...............................................................................................
Royal
Assent .................................................................................................
HONOURABLE MIKE
GOOSNEY
Minister of
Government Services
Ordered to be printed by
the Honourable House of Assembly
EXPLANATORY NOTES
This
Bill would amend the Pension
Benefits Act, 1997 to
add
definitions of "solvency assets" and "solvency
ratio"; and
authorize
transfers of assets from a registered pension plan to a pension plan that is
not registered in the province where certain conditions exist.
A BILL
AN ACT TO AMEND THE PENSION BENEFITS ACT, 1997
Analysis
S.2 Amdt .
Definitions
S.58 R&S
Transfer of plan assets
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
SNL1996 cP-4.01
as amended
(1) Paragraph 2(ee.1) of the Pension Benefits Act, 1997 is amended by
deleting the reference " Public Service
Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".
(2) Section 2 of the Act is amended by renumbering
paragraph (ee.2) as paragraph (ee.4) and adding immediately after paragraph
(ee.1) the following:
(ee.2) "solvency assets" means the market value of investments held by a
pension plan plus any cash balances of the plan and accrued or receivable
income items of the plan, less any amounts payable by the plan;
(ee.3) "solvency ratio" means the ratio of
the solvency assets of a pension plan to the liabilities of the pension plan
calculated on a plan termination basis as of the latest review date and as
required by the superintendent ;
Section 58 of the Act is repealed and the
following substituted:
Transfer of plan
assets
58 . A transfer of assets of a pension plan shall
not be made from the pension fund of the pension plan to the pension fund of
another pension plan unless
(
a) either
(
i) the contract or trust agreement of the
receiving fundholder is filed with the superintendent and the receiving pension
plan is registered under this Act, or
(ii) where the contract or trust agreement of the receiving fundholder is not filed
with the superintendent and the receiving pension plan is not registered under
this Act, the receiving pension plan
(
A) is registered in another jurisdiction that is
a signatory to a multilateral agreement, and
(
B) has a solvency ratio that is
(
I) equal to or greater than 0.85, or
(II) higher than the solvency ratio of the pension
plan from which the assets are being transferred; and
(
b) the
superintendent has approved the transfer in writing.
King's Printer