Canons of the Diocese of Montreal

Canon 24 - Main Page

• Section 1
• Section 2
• Section 3
• Section 4
• Section 5
• Section 6
• Section 7
• Section 8
• Section 9
• Section 10
• Section 11
• Section 12
• Section 13
• Section 14
• Schedule A
• Schedule B

11.1 Pension Committee

The Administrator of the Plan shall be the Committee which shall be responsible for all matters relating to the administration of the Plan and the Pension Fund.

Subject to the approval of the Diocesan Council and subject to the limitations or prohibitions set out in the Plan, the Committee shall act in the capacity of a trustee and may delegate all or part of its powers and duties or be represented by one or more persons as it deems appropriate for a specific act.

11.2 Pension Committee Membership

The Committee shall be composed of 10 persons, as follows:
1. the Diocesan Bishop, the Treasurer of the Diocese and the Comptroller of the Diocese;

2. two members appointed as follows:
   1. if so decided by the group concerned at the meeting held pursuant to Section 11.15,
      1. one person appointed by the Members;
      2. one person appointed by the Disabled Members, Past Members and Pensioners;
   2. in the event of a failure to make an appointment in accordance with sub-sections a (i) or a (ii) above, the appointments will be made by Diocesan Council;

3. one person appointed from time to time by the Diocesan Council, who is neither a party to the Plan nor a person to whom the Supplemental Pension Plans Act prohibits that a loan be granted out of the assets of the Pension Fund; and

4. four other persons appointed annually by the Diocesan Council.

There shall not be fewer than two members of the Clergy and two members of the laity on the Committee. The lay members so appointed need not be members of the Synod.

11.3 Term of Office

The term of office of a member of the Committee shall be of one year.

A member of the Committee whose term of office has expired shall remain in office until such member is reappointed, replaced or removed.

11.4 Resignation, Removal, Replacement

1. Resignation

   A member of the Committee may resign from office by giving written notice to that effect to the Committee. Such resignation will become effective upon delivery or any later date specified in the notice.

2. Removal

   A member of the Committee other than a member appointed at the meeting held pursuant to Section 11.15 may be removed by decision of the Diocesan Council. A member appointed at the meeting held pursuant to Section 11.15 may only be removed by a vote at the next meeting held pursuant to the said Section.

3. Replacement

   If a member of the Committee becomes unable to act or if there is a vacancy in the Committee, the Diocesan Council shall designate, from among qualified persons, a person to fill the vacancy for the remainder of the term. However, if the vacancy was previously filled by a member appointed at the meeting held pursuant to Section 11.15, the Committee shall appoint a member to replace the member until the next meeting held pursuant to the said Section.

11.5 Officers

The members of the Pension Committee shall elect one of its members as chairman. The Treasurer of the Diocese shall be the Treasurer of the Fund and the Comptroller of the Diocese shall be the Secretary.

11.6 Quorum

A majority of the members of the Committee shall constitute a quorum. If there ceases to be a quorum, the members present shall adjourn the meeting from time to time until a quorum is present.

11.7 Voting

Each member of the Pension Committee shall have one vote on any matter put to a vote. In case of a tie-vote, the chairman shall have a casting vote.

11.8 Powers of Majority

A majority of the members of the Committee may do any act which the Plan authorizes or requires the Committee to do.

Each member of the Committee is deemed to have approved any decision made by the majority of the members, unless dissent is expressed without delay. Any decision made in the member's absence is deemed to have been approved by such member unless the member's dissent is made known to the other members, in writing, within a reasonable time after becoming aware of the decision.

11.9 Compensation

The members of the Pension Committee shall serve without compensation for the execution of the duties of their office. However, the members of the Committee may be paid or reimbursed for all expenses reasonably incurred in the execution of such duties.

11.10 Powers of Pension Committee

The Pension Committee shall have the following powers without limiting them thereto and subject to the provisions of this Plan and of the Supplemental Pension Plans Act:
1. to appoint an Actuary or Actuaries and such other persons as may be necessary for the purpose of administering this Plan and Fund, and to determine their duties and remuneration;

2. to require the Actuary to perform an actuarial evaluation of the Plan;

3. on the recommendation of the Actuary and subject to the approval of the Diocesan Council, to determine from time to time rates and bases of assessment, and rates of pension;

4. to appoint an auditor or auditors;

5. to negotiate, maintain and revise reciprocity agreements respecting Pensions;

6. to enter into an agreement, contract or undertaking with any board, department, college, school institution, order, society or the trustees of any fund in respect of the clergy in its or their employ, subject to the Regulations of this Plan.

11.11 Duties of Pension Committee

The Committee shall have the following duties, subject to the provisions of this Plan and of the Supplemental Pension Plans Act and of the Income Tax Act and without restricting their application:
1. to adopt regulations and to amend such regulations from time to time within the provisions of Canon 24 relating to the administration of the Plan and the Fund and the conduct of the Committee's business;

2. to insure compliance of the eligibility of Members or other beneficiaries for benefits, refunds or transfers, and the amount of such benefits, refunds or transfers with the provisions of the Regulations of this Plan;

3. to insure the proper administration of the system of assessments;

4. to establish and adopt a written investment policy, giving particular consideration to the type of pension plan, its characteristics and its financial obligations;

5. to decide how the assets of the Plan shall be invested;

6. to do any act considered necessary or expedient for the administration of the Plan and the Pension Fund and make in its name any kind of contract into which it may lawfully enter;

7. to levy, enforce and receive the assessments provided for in the Regulations of this Plan;

8. to file with the appropriate authorities the application for registration of every amendment to the Plan;

9. to cause to be prepared and transmit to the appropriate authorities the annual statement, financial report and actuarial valuation report of the Plan;

10. to provide to each Member or other eligible person the information prescribed under the Supplemental Pension Plans Act;

11. to keep documents relating to the Plan;

12. to call each Member, Disabled Member, Past Member and Pensioner of the Plan to an annual meeting;

13. to make an annual report to the Synod, such report to include financial statements of the Fund showing receipts and payments therefrom;

14. to perform all other acts and duties prescribed by the Supplemental Pension Plans Act.

11.12 Conflict of Interests

No member of the Committee may exercise any powers of personal interest or in the interest of a third person, nor may there be a situation of conflict between personal interest and the duties of office.

Every member of the Committee shall, without delay, notify the Pension Committee in writing of any interest the member has in an enterprise that is susceptible of causing personal interest to conflict with the duties of office, and of any rights, other than those arising from the Plan, the member may have in or may invoke against the Pension Fund, specifying where such is the case, the nature and value of such rights. Every interest or right so notified shall be recorded in the register kept by the Committee for such purpose.

11.13 Documents to be kept

The Pension Committee shall maintain at its office the following documents:
1. the text of the pension plan and supporting documentation;

2. such financial records as may be required to
   1. prepare annual financial reports to governmental authorities; and

   2. make Members aware of the financial position of the plan as required in Section 11.15;

3. the investment policy of the Committee;

4. the annual information returns and financial reports filed with the governmental authorities;

5. all other documents that may be consulted by a Member, an Eligible Spouse or a Beneficiary pursuant to the provisions of the Supplemental Pension Plans Act;

6. a register wherein every interest or right notified to it pursuant to Section 11.12 shall be recorded; and

7. a book containing the minutes of proceedings of its meetings and its decisions.

11.14 Indemnification

Except in respect of an action by or on behalf of the Diocese to procure a judgment in its favour, the Diocese may indemnify and save harmless each member of the Committee against all loss, liability and costs reasonably incurred in respect of any action or proceeding to which the member is made a party by reason of being or having been a member of the Committee, if such person acted honestly and in good faith.

11.15 Annual Meeting

1. Notice of annual meeting

   Within six (6) months of the end of the Plan Year, or within any additional period of deferral which may be granted by the Régie des rentes du Québec, the Committee shall call an annual meeting of the Members, Disabled Members, Past Members and Pensioners of the Plan, by giving to each of them a written notice setting the time and place of the meeting.

2. Object of annual meeting

   At such meeting, the Committee shall:

   1. inform the Members, Disabled Members, Past Members and Pensioners of the amendments made to the Plan, the contents of the register kept under the Section 11.13 (e) and the financial position of the Plan;
   2. render account of its administration; and
   3. enable the group of Members or the group of Pensioners, Disabled Members and Past Members to decide whether or not it will designate a member of the Committee and, if it so decides, that each group proceed with such designation.

3. Presiding officer

   The chairman of the Committee or a member of the Committee designated by the chairman shall be chairman of the annual meeting.

4. Voting

   The appointment of a member of the Committee as provided for in Section 11 (2) (a) shall be decided by a majority of the votes cast, respectively, by the Members and by the group of Pensioners, Disabled Members and Past Members.

   Voting at the meeting shall be by show of hands except if a ballot is demanded by the Members or by the group of Pensioners, Disabled Members and Past Members.

11.16 Plan Summary

The Pension Committee shall provide each Member with a written explanation of the terms and conditions of the Plan, together with an explanation of the rights and duties of the Member under the terms of the Plan. In the case of an amendment to the Plan, such documents shall be provided to the Members and may consist only of the amended terms together with an explanation of the rights and duties arising from the amendment.

11.17 Notice of Proposed Amendment

If it proposes to apply for the registration of an amendment, the Pension Committee shall inform the Members, Disabled Members, Pensioners and Past Members thereof in the manner provided for in the Supplemental Pension Plans Act.

11.18 Annual Statement

Annually, the Committee shall transmit the notice of the annual meeting provided for in Section 11.15 and a written statement containing the information prescribed under the Supplemental Pension Plans Act, to each Member, Disabled Member, Past Member and Pensioner.

11.19 Statement on Termination of Employment or Membership

When a Member of the Plan terminates employment or otherwise ceases to be a Member, the Committee shall give to the Member, or to any other person who becomes entitled to a benefit under the Plan, a written statement setting out the information prescribed under the Supplemental Pension Plans Act in respect of the benefit of the Member or other person.

11.20 Inspection of Documents

The Committee shall make available for inspection by eligible individuals the documents and information concerning the Plan and the Pension Fund as prescribed under the Supplemental Pension Plans Act.

11.21 Appeal

Appeal from any decision of the Committee in respect of benefits may be made to the Diocesan Council.

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Note: this text is provided for information purposes only. While every effort has been made to ensure that this text is accurate, in the event of any discrepancy between this version and the official printed version, the latter shall prevail.