Membership in the plan: compulsory or optional?
The plan may provide that membership is optional, compulsory, or optional according to certain conditions, and compulsory according to other conditions.
An eligible employee
must be a member of a plan as soon as he or she meets the
complusory membership conditions.
An eligible employee
may apply for membership in the plan as soon as he or she meets the
optional membership conditions.
A helpful example...A plan provides for compulsory membership of unionized employees after 6 months of service with the employer and optional membership when the "35%
MPE criterion" or the "700-hour criterion" is met. A unionized employee hired on 15 August
2025
must therefore become a plan member as of 15 February
2026
. However, the same employee may apply for membership in the plan between 1 January and 15 February
2026
, if, in
2025
, he or she received earnings of at least $
24 955
from the employer or worked at least 700 hours for the employer.
Where membership is optional, the eligible employee may apply for membership in the plan where he or she still meets the membership conditions when he or she files an application. A plan cannot provide that an eligible employee who refused to become a member of the plan will no longer be entitled to become a member thereafter.
A helpful example...A plan provides for optional membership where the "35%
MPE criterion" or the "700-hour criterion" is met. An employee met at least one of the criteria in
2025
, but, in January
2026
, informed the pension committee that he or she did not want to become a member of the plan. The employee may then change his or her mind and apply for membership in the plan in
2026
. If he or she does not do so, the employee will be able to become a member of the plan in
2027
only if he or she has once again met the "35%
MPE criterion" or the "700-hour criterion" in
2026
.
Information to be sent to eligible employees
Within 90 days of the date on which the employee becomes eligible for membership in the plan, the administrator must send him or her a plan summary, a brief description of the employee's rights and obligations, as well as a list of the main advantages of membership in the plan.
A helpful example...An employer offers a plan to his or her unionized employees. A person is hired on 15 August and is unionized. That person is therefore eligible for membership in the plan as soon as he or she is hired. The pension committee has until 13 November to send the employee the plan summary and the description and list even if the employee has not yet met the membership conditions.
Legal references
Sections 33, 34 and 111 of the
Supplemental Pension Plans Act