BILL 66
An Act to Amend the Pension Benefits Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 65 of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended
(a)  by adding after subsection (1) the following:
65(1.1) For the purpose of paragraph (1)(a), if a pension plan is wound up, in whole or in part, and as of the date of the wind-up the market value of the investments held by the plan does not equal or exceed its solvency liabilities, the employer shall pay into the fund in accordance with subsection (4), an amount so that
(a)  where the plan is wholly wound up, the market value of investments held by the plan equals its solvency liabilities, or
(b)  where the plan is wound up in part, the market value of the investments held by the plan attributable to that portion of the plan being wound up equals its solvency liabilities for that part,
and such amount required to be paid shall be deemed to have accrued as of the effective date of the wind-up.
65(1.2) Subsection (1.1) does not apply to a defined benefit plan established under one or more collective agreements or a trust agreement in which the requirement that an employer’s contributions, or a person required to make contributions on behalf of an employer, to a pension fund are limited to a fixed amount established in a collective agreement or a trust agreement.
(b)  in subsection (3) by adding “, other than an amount determined pursuant to subsection (1.1),” after “under subsection (1)”;
(c)  by adding after subsection (3) the following:
65(4) Where a pension plan is wound up, in whole or in part, and an amount under subsection (1.1) is determined to be owing and the employer is not insolvent,
(a)  the employer shall fund the amount over a period of not more than five years after the effective date of the wind-up,
(b)  the administrator shall continue to file annual information returns and actuarial valuation reports as required under this Act until the amount has been retired, and
(c)  subject to subsections 62(2) and (7), the assets of the plan shall be distributed in the manner and to the extent prescribed.
65(5) If a plan is wound up, in whole or in part, and an amount is owing pursuant to subsection (1.1), a schedule of special payments shall be established, subject to the approval of the Superintendent, for the amount to be retired over a period of not more than five years, commencing as of the effective date of the wind-up.
65(6) For the purposes of subsection (1.1), the amount shall be considered to have been retired if a subsequent actuarial valuation reveals that the market value of investments of the plan or of the part of the plan that was wound up, as the case may be, equals or exceeds its solvency liabilities.
2 Section 66 of the Act is amended
(a)  by renumbering the section as subsection 66(1);
(b)  by adding after subsection (1) the following:
66(2) Nothing in subsection (1) prevents the Superintendent from ordering a reduction in pensions and benefits under a pension plan before the wind-up of the plan is completed if the Superintendent is of the opinion, upon reasonable and probable grounds, that there are or are likely to be insufficient funds available to pay the pensions and benefits under the plan.
3 Subsection 72(2) of the Act is amended
(a)  in paragraph (e) by striking out “or” at the end of the paragraph;
(b)  in paragraph (f) by striking out “or” at the end of the paragraph;
(c)  in paragraph (g) by striking out the period at the end of the paragraph and substituting a comma followed by “or”;
(d)  by adding after paragraph (g) the following:
(h)  that there are or are likely to be insufficient funds available to pay the pensions and benefits under the plan.
4 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
(a)  New provisions.
(b)  Consequential amendment.
(c)  New provision.
Section 2
(a)  The section is renumbered as subsection 66(1).
(b)  New provision.
Section 3
(a)  Consequential amendment.
(b)  Consequential amendment.
(c)  Consequential amendment.
(d)  New provision.
Section 4
Commencement provision.