PROVISIONS OF THE

 

 

JAMES BAY CREE-NASKAPI

 

 

QUÉBEC PENSION PLAN

 

 

 

 

 

 

Certified to be a true and correct

copy of the Plan, including all

revisions up to and including January 1, 2001

 

 

 

 

 

Chairman of the Pension Committee

 

 

 

 

 

 

 

Plan’s Registration Numbers:

§ Canada Customs and Revenue Agency:     1021930

§ Régie des rentes du Québec:                          31575

 


TABLE OF CONTENTS

 

                                                                                                                                                     Page

ARTICLE       I           Introduction.................................................................................................... 1

 

ARTICLE       II         Definitions...................................................................................................... 3

 

ARTICLE       III        Eligibility and Membership............................................................................. 13

 

ARTICLE       IV        Continuous Employment and Credited Service................................................ 16

 

ARTICLE       V          Contributions................................................................................................ 20

 

ARTICLE       VI        Retirement Date........................................................................................... 24

 

ARTICLE       VII       Retirement Benefits...................................................................................... 25

 

ARTICLE       VIII     Form of Pension Benefits.............................................................................. 31

 

ARTICLE       IX        Benefits on Termination of Active Membership.............................................. 39

 

ARTICLE       X          Death Benefits............................................................................................. 43

 

ARTICLE       XI        Disability Benefits......................................................................................... 46

 

ARTICLE       XII       Post-Retirement Indexation........................................................................... 47

 

ARTICLE       XIII     Transfer of Monies to and from Pension Fund................................................ 50

 

ARTICLE       XIV      Payment of Benefits..................................................................................... 53

 

ARTICLE       XV       Pension Fund................................................................................................ 56

 

ARTICLE       XVI      Administration of the Plan............................................................................. 58

 

ARTICLE       XVII    Amendment or Termination of the Plan.......................................................... 65

 

APPENDIX     A         Past Service Benefits.................................................................................... 67

 

APPENDIX     B         Participating Québec Employers.................................................................... 70


1.01     Establishment Of The Plan

 

            As at January 1, 1995, the Québec Employers established the James Bay Cree-Naskapi Québec Pension Plan.  As of its Effective Date, the Plan replaced, for the Members, the James Bay Cree-Naskapi Pension Plan.  The Plan was not only a vehicle implemented for the Members’ future pension accruals but also for all their pension benefits accrued in the Federal Plan as of the Effective Date.  An appropriate portion of the Federal Plan assets has been transferred to the present Plan in accordance with the Applicable Legislation.

 

1.02     Primary Purpose Of The Plan

 

            The primary purpose of the Plan is to provide periodic payments to individuals after retirement and until death in respect of their Credited Service as Employees of the Québec Employers and Federal Employers.

 

1.03     Type Of The Plan

 

            The Plan is a compulsory, contributory and defined benefits type of pension plan.  A Member’s pension at termination, death or retirement is based on final average earnings and is integrated with the final average YMPE for Members who have contributed to the Canada or Québec Pension Plan.

 

1.04     Registration Of The Plan

 

            The Plan is registered:

 

                    with the Canada Customs and Revenue Agency (No 1021930) and is subject to the Income Tax Act and its regulations;

 

                    with the Régie des rentes du Québec (No 31575) and is subject to the Supplemental Pension Plans Act (Québec) and its regulations.

 

1.05     Application

 

            This document, as set forth herein, describes the terms and conditions of the Plan effective January 1, 2001.

 

As of that date, the Plan is amended and restated to incorporate amendments to date, to make changes required under the Québec Supplemental Pension Plans Act further to Bill 102 and to make any other change required under Applicable Legislation.

 

Unless stated otherwise, the terms of the Plan as restated in this text apply to Members whose Continuous Service terminates after December 31, 2000 or whose pension commences to be paid after that date. Unless stated otherwise, the pension of Members whose Continuous Service terminated before January 1, 2001 is determined by the terms of the Plan that were in effect at the time of that event.


The following words and phrases, when used in the Plan, unless the context clearly indicates otherwise, shall have the following meanings:

 

2.01     Active Member: means a Member who is in Continuous Employment, after having satisfied the eligibility requirements provided for in Article III. Active Membership shall have a corresponding meaning.

 

2.02     Actuarial Equivalent Value: means a value of one benefit equal to that of another when computed using the actuarial method prescribed by the Canadian Institute of Actuaries in its "Recommendations for the Computation of Transfer Values from Registered Pension Plans".

 

2.03     Actuary: means an individual who is independent of the Québec Employers, a Fellow of the Canadian Institute of Actuaries and selected by the Québec Employers as Actuary for the Plan.

 

2.04     Additional Voluntary Contribution: means an additional and optional contribution by an Active Member, which does not impose upon his Québec Employer an obligation to make a concurrent additional contribution.

 

2.05     Administrator: means the person or entity responsible for the administration of the Plan, as provided for in Article XVI.

 

2.06     Applicable Legislation: means:

 

            (a)        the Supplemental Pension Plans Act (Québec) and its regulations;

 

            (b)        the Income Tax Act and its regulations;

 

            (c)        the Taxation Act (Québec) and its regulations; and,

 

            (d)        any other legislation that may apply to a Member covered by the Plan.

 

2.07     Approved Leave: means a period of absence, mentioned in section 4.01, that does not interrupt the period of Continuous Employment.

 

2.08     Beneficiary: means, subject to the Applicable Legislation, the person designated as such by a Member on a form to be furnished by the Québec Employers.  A Member may, subject to the Applicable Legislation, revoke from time to time any such designation, without the consent of the Beneficiary, and appoint a new Beneficiary.

 

2.09     Continuous Employment : means

 

            (a)        subject to sections 3.01, 3.02, 4.01 and 4.02, the continuous employment of an Employee with a Québec Employer; and,

 

            (b)        "Continuous Employment" recognized under the Federal Plan.

 

2.10     Credited Interest: means, from January 1, 2001:

 

(a)        interest credited on Required Member Contributions and on Additional Voluntary Contributions equal to the rate of return of the Pension Fund net of investment related expenses determined on an adjusted market value basis whereby the unrealized capital gains (losses) are linearly recognized over five years.

 

The rate of interest as determined above for a given calendar year shall be applied to the balance of the contributions and Credited Interest of the Member or Vested Terminated Member as of the beginning of such calendar year and to the contributions made during such calendar year to determine the balance as of the end of such calendar year.

 

In respect of a Member terminating participation in the Plan by reason of death or termination of Continuous Employment before the end of a calendar year, the Credited Interest applicable to the balance of such Member’s contributions at the beginning of such year and to his contributions made during such year up to the date of termination or, if the payment is made before the end of such calendar year, up to the date of payment, shall be the rate of interest, as determined above for the previous calendar year.

 

(b)        interest on the payment of an Actuarial Equivalent Value out of the Pension Fund, compounded and allocated annually and calculated from the date at which the Actuarial Equivalent Value was determined to the date of payment, at the same rate as was used to determine this Actuarial Equivalent Value; if the transfer value determined as per section 13.02 is based on the minimum of twice the Required Member’s Contributions with Credited Interest, the interest shall be determined as per (a) above or such higher rate acceptable under pension legislation as recommended by the actuary; and

 

(c)        interest on the payment of the additional benefit provided for in section 9.03 out of the Pension Fund, compounded and allocated annually and calculated from the date at which the additional benefit was determined to the date of payment, at the same rate as was used to determine the additional benefit.

 

2.11     Credited Service: means the period of Continuous Employment used to compute the amount of pension accrued by a Member at any given time.  The period of Credited Service shall be determined in accordance with section 4.04.

 

2.12     Custodian: means any individuals, or corporate trust company, or insurance company, appointed by the Administrator to act as custodian for the Pension Fund.

 

2.13     Disability: means a total and permanent disability of an Employee, certified by a medical doctor selected by the Administrator and licensed to practise under the laws of a province of Canada or the place where the Employee resides, which would qualify for a waiver of premium under the group life insurance program to which the plurality of Members participate through the Québec Employers.

 

2.14     Early Retirement Date: means, in respect of a Member, the date contemplated in section 6.03.

 

2.15     Earnings: means the total compensation, paid to an Active Member for Continuous Employment with a Québec Employer or Federal Employer provided that Continuous Employment with such employer is recognized by the Plan in accordance with section 4.04, excluding reimbursements for expenses, payments on account of Disability or Maternity Leave or any other special payments.  The Earnings of an Active Member during a period of Disability, Maternity Leave or such other leave recognized under section 4.04 shall be deemed to be the rate of Earnings, as defined in the preceding sentence, of such Active Member immediately prior to such period.  For greater certainty, Earnings shall not include any amount that would not be included in the definition of "compensation" in subsection 147.1(1) of the Income Tax Act.  Furthermore, the Earnings of an Active Member who works on a temporary or a part-time basis shall be annualized for the purposes of determining the amount of his pension entitlement under the Plan.

 

2.16     Effective Date: means the effective date of the Plan, that is, January 1, 1995.

 

2.17     Employee: means an employee of a Québec Employer, performing functions of a type determined by such Québec Employer as eligible, subject to section 3.02, for participation in the Plan.

 

2.18     Federal Employers: means the group existing from time to time consisting of any James Bay Cree or Naskapi of Québec entity, which is subject to the federal pension legislation, and which has adhered to the Federal Plan.

 

2.19     Federal Plan: means the pension plan known as the James Bay Cree-Naskapi Pension Plan established as at April 1, 1985.

 

2.20     Final-Average Earnings: means the greater of:

 

            (a)        the average of the annual Earnings paid to a Member by a Québec Employer or Federal Employer provided that Continuous Employment with such employer is recognized by the Plan in accordance with section 4.04, during his six consecutive calendar years of highest Earnings preceding the Member’s retirement or termination of Continuous Employment, and

 

            (b)        the average annualized Earnings paid to the Member by a Québec Employer, or a Federal Employer provided that Continuous Employment with such employer is recognized by this Plan in accordance with section 4.04, over the six year period immediately preceding the Member’s retirement or termination of Continuous Employment.

 

            For a Member who retires, terminates Continuous Employment or dies before having completed six years as an Active Member, his Final-Average Earnings shall be his average annualized Earnings during his period as an Active Member.

 

2.21     Inactive Member: means a Member who is not an Active Member.  For greater certainty, a former Employee whose pension has been purchased from an insurance company is an Inactive Member, unless the Member has elected himself to purchase an annuity, in which case he ceases to be a Member as of such purchase.

 

2.22     Indexation Before Retirement: means, for purposes of section 9.03, in respect of periods before retirement only, 50% of the change in the seasonally unadjusted All-Items Consumer Price Index for Canada published by Statistics Canada between the month the Member ceases to be an Active Member and the month the indexation ceases; however the annualized indexation rate cannot be less than 0% or greater than 2%.

 

2.23     Maternity Leave: means:

 

            (a)        any period of maternity leave taken by an Employee in accordance with a federal or provincial law or an agreement between such Employee and the Québec Employer; or

 

            (b)        any period of maternity leave of an Employee which the Québec Employer requires such Employee to take in accordance with a federal or provincial law.

 

            The period of Maternity Leave commences on the earlier of the date of leave elected by the Employee and the date of delivery, and ends on the day the Employee is scheduled, by agreement with her Québec Employer, subject to the Applicable Legislation, to return to work or, if the Employee fails to return to work, the date the Maternity Leave expires in accordance with the Applicable Legislation.

 

            Notwithstanding the above, periods of maternity leave shall be limited as required by section 8507 of the Income Tax Regulations.

 

2.24     Member: means an Employee, retired Employee or former Employee, who has become a Member of the Plan in accordance with Article III hereof and who continues to have rights or contingent rights to benefits payable under the Plan.

 

2.25     Member’s Account: means for any Member, the accumulation with Credited Interest of the Member’s Additional Voluntary Contributions.

 

2.26     Normal Retirement Date: means the date defined in section 6.01.

 

2.27     Pension Adjustment (PA):has the same definition as in subsection 8301(1) of the Income Tax Regulations, C.R.C. 1978, c. 945.

 

2.28     Pension Fund: means the corpus of pension contributions by Members and Québec Employers, and all revenues, earnings, appreciations and additions thereon and thereto, but reduced by all payments therefore made in accordance with the Plan, established by virtue of Article XV.

 

2.29     Plan: means this Pension Plan, known as the James Bay Cree-Naskapi Québec Pension Plan, as the Plan may be amended from time to time pursuant to Article XVII hereof.

 

2.30     Plan Year: means the period commencing on each January 1st and ending on the following December 31st.

 

2.31     Prescribed Reduction: means the reduction in the amount of pension otherwise payable at Normal Retirement Date of ¼ of 1% for each complete month by which the early pension commencement date precedes the earliest of:

 

(a)        the day on which the Member will attain 60 years of age;

 

(b)        the day on which the Member would have completed 30 years of Continuous Service, excluding periods of lay-off and absence from employment that are not included in Credited Service, had the Member continued employment with the Québec Employer; and

 

(c)        the day on which the Member’s age (measured in years and fractions thereof) plus the Member’s years of Continuous Service, excluding periods of lay-off and absence from employment that are not included in Credited Service, would have equalled 80 had the Member continued employment with the Québec Employer.

 

2.32     Québec Employers: means the group existing from time to time consisting of any James Bay Cree or Naskapi of Québec entity, which is subject to the Supplemental Pension Plans Act (Québec) and its regulations, and which has adhered to the Plan by by-law or resolution of the council or board of directors of such band or entity, and which appear in Appendix B hereof.  The Québec Employers shall be recognized as the Plan sponsor in all respects.

 

2.33     Reciprocal Agreement: means the written agreement mentioned in Section 13.01 whereby the Québec Employers and the Federal Employers agree that the Continuous Employment, Credited Service and benefits of their respective employees will be recognized by the other party’s pension plan subject to the transfer of an appropriate portion of assets and other conditions specified in the agreement.  Any such Reciprocal Agreement must be filed with the Canada Customs and Revenue Agency and with the Régie des rentes du Québec.

 

2.34     Required Member Contributions: means the contributions to the Plan required to be made by an Active Member under section 5.01.

 

2.35     Retirement Committee: means the committee appointed in accordance with section 16.03, which shall be responsible for the administration of the Plan in accordance with Article XVI and the Applicable Legislation.

 

2.36     Spouse: means the person who, on the date of determination of spousal status:

 

(a)        is legally married to the Member and is not legally separated from bed and board; or

 

(b)        has been living in a conjugal relationship with an unmarried Member, whether the person is of the opposite or same sex, for a period of not less than three years, or for a period of not less than one year if:

 

(i)         at least one child is born, or to be born, of their union; or

 

(ii)        they have adopted, jointly, at least one child while living together in a conjugal relationship; or

 

(iii)       one of them has adopted at least one child who is the child of the other while living together in a conjugal relationship.

 

Spousal status shall be determined on the day preceding the date of death of the Member or on the day when the Member commences receiving his pension, whichever occurs first.

 

2.37     Vested Terminated Member: means an Inactive Member who is not receiving a pension benefit from the Plan but who is entitled to a deferred pension from the Plan.

 

2.38     Yearly Maximum Pensionable Earnings or YMPE: means the yearly maximum pensionable earnings under the Canada or Québec Pension Plan, as applicable.

 

The masculine gender includes the feminine gender and the singular number includes the plural number, and vice-versa, unless the context otherwise requires.


3.01     Eligible at Effective Date

 

            Any Employee who was a Member of the Federal Plan on January 1, 1995 shall become a Member of the Plan at its Effective Date.  Any other Employee shall be eligible to join the Plan on or after his Québec Employer has adhered to the Plan provided that the Employee has met the eligibility requirements described in section 3.02.

 

3.02     Eligibility Requirements

 

            On or after January 1, 1995, any full-time Employee shall be eligible to join the Plan provided he has completed at least six (6) months of Continuous Employment.

 

            As of January 1, 1995 and each January 1st thereafter, any Employee shall be eligible to join the Plan provided he has, in respect of Continuous Employment with a Québec Employer or Federal Employer or both, earned at least 35% of the YMPE during the previous calendar year or worked at least 700 hours during the previous calendar year.

 

            A Québec Employer may, by resolution communicated to the Administrator, allow an Employee to join the Plan before he meets the eligibility requirements set forth in this section.

 

3.03     Condition Of Employment

 

            Except for Employees who refused to participate in the Federal Plan on April 1, 1985, every Employee shall, as a condition of continued employment, enrol in the Plan as soon as he meets the eligibility requirements described in section 3.02 or, if later, as soon as his Québec Employer adheres to the Plan.

 


3.04     Completion Of Forms

 

            When joining the Plan, the Employee shall complete such forms as may be required by the Retirement Committee.

 

3.05     No Withdrawal While Employee

 

            Before his Normal Retirement Date, no Member may withdraw from the Plan while an Employee.

 

            Notwithstanding the above, a Member may withdraw or transfer to a registered retirement savings plan his Member’s Account upon request in writing to his Québec Employer.

 

3.06     No Guarantee Of Employment

 

            Membership in the Plan shall not be construed as a guarantee of Continuous Employment with any Québec Employer, nor shall any provision or condition hereof restrict the right of the Québec Employer or a Member to terminate his employment at any time.

 

3.07     Information To Members

 

Information shall be provided to Members as follows:

 

(a)        The Retirement Committee shall provide each Employee or Member with a written summary of the Plan, together with a brief description of the Member’s rights and obligations under the Plan, as well as a statement of the principal advantages of membership in the Plan.

 

(b)        If it proposes to apply for the registration of an amendment, the Retirement Committee shall inform the Members thereof in the manner provided for under Applicable Legislation.

 

(c)        Within nine months after the end of every Plan Year, the Retirement Committee shall transmit to each Member, surviving Spouse and beneficiary entitled to benefits under the Plan, a written statement containing the information prescribed by the Applicable Legislation. The Retirement Committee is not required to send an annual statement to Members to whom a statement was sent under (d) below indicating their accrued benefits as of a more recent date.

 

The Retirement Committee shall, at the same time, send a document containing a brief summary of the provisions that were amended during the Plan Year just ended as well as a brief description of the rights and obligations arising thereunder.

 

(d)        When a Member of the Plan terminates employment or otherwise ceases to be a Member, the Retirement Committee shall give to the Member, or to any other person who may be entitled to a benefit under the terms of the Plan, a written statement setting out the information prescribed by the Applicable Legislation in respect of the benefits of the Member or other person.

 

(e)        The Retirement Committee shall make available for inspection by eligible individuals the documents and information concerning the Plan and the Pension Fund as prescribed by the Applicable Legislation. The Retirement Committee is not required to provide documents without charge to any one person more than once within a period of twelve months.


4.01     Uninterruption Of Continuous Employment

 

            Continuous Employment shall be uninterrupted:

 

            (a)        when the Employee stops working for a Québec Employer and, within sixty (60) days, is rehired by that Québec Employer or hired by another Québec Employer or a Federal Employer;

 

            (b)        while the Employee attends, as a full-time student for a period not exceeding twelve (12) months, with the consent of his Québec Employer, a school registered with the competent government authorities;

 

            (c)        during periods of Maternity Leave;

 

            (d)        during periods of Disability;

 

            (e)        during lay-off, not exceeding twelve (12) months;

 

            (f)         during absence due to active service with the armed forces of Canada, with the consent of his Québec Employer where such service is voluntary, which absence shall be deemed to be an authorized leave of absence expiring upon the earlier of resumption of employment or expiry of any right to the resumption of employment prescribed by law;

 

(g)        during periods of parental leave or adoption leave as prescribed under Applicable Legislation; and

 

            (h)        during any other leave of absence, not exceeding twelve (12) months, approved by the Québec Employer of the Employee.

 

4.02     Interruption Of Continuous Employment

 

            Notwithstanding section 4.01, Continuous Employment shall be interrupted in the event of:

 

            (a)        resignation by the Employee, except where, within sixty (60) days after he resigns, the Employee is rehired by his Québec Employer or hired by another Québec Employer or a Federal Employer;

 

            (b)        dismissal, except where, within sixty (60) days after dismissal, the Employee is rehired by his Québec Employer or hired by another Québec Employer or a Federal Employer; and

 

            (c)        failure to return to work upon (i) expiry of Approved Leave, or (ii) recall after lay-off, or (iii) expiry of rights to resumption of employment provided for by law.

 

4.03     Re-employment

 

(a)        Non-pensioners

 

If a Vested Terminated Member is hired by a Québec Employer, the Employee is a new Employee for purposes of eligibility for membership and benefits under the terms of the Plan. Any benefit earned after the date of re-hire shall be calculated based on Continuous and Credited Service after that date.

 


(b)        Pensioners

 

If a Member who is receiving a pension from the Plan is hired by a Québec Employer before his Normal Retirement Date, the Member may elect either:

 

(i)         to join the Plan immediately upon hire, in which case:

 

(A)       his pension shall be immediately suspended;

 

(B)       the amount of accrued pension recommences on his subsequent termination of Continuous Service, recalculated, if necessary, to comply with the Applicable Legislation; and

 

(C)       any benefit earned after the date of re-employment will be calculated based on Continuous and Credited Service after that date, or

 

(ii)        to continue to receive his pension and not accrue further benefits during the period of re-employment.

 


4.04     Credited Service

 

            (a)        The Credited Service of a Member shall be the number of years and months and portions thereof of his Continuous Employment, reduced proportionately for periods of his temporary or part-time Continuous Employment, the whole calculated as follows:

 

                        (i)         after the Member’s enrolment in the Plan, the period during which such Member paid his Required Member Contributions to the Plan or during which the Member was on Maternity Leave or Disability; plus,

 

                        (ii)        prior to the Member’s enrolment in the Plan, any period of past service recognized on behalf of the Member by the Plan subject to the applicable pension formula set forth in Appendix A; plus,

 

            (b)        In addition to the Credited Service described in paragraph (a) above, for a Federal Plan’s member who became a Member of the Plan on the Effective Date or for a Member transferred from the Federal Plan in accordance with the Reciprocal Agreement, the Credited Service shall include:

 

                        (i)         prior to the Member’s enrolment in the Plan, any period of "Credited Service" recognized on behalf of the Member under the Federal Plan.

 

            For greater certainty, the Credited Service of a Member shall end at his Normal Retirement Date.


5.01     Required Contributions By Member

 

            Subject to the third paragraph of this section and to sections 5.02 and 6.02, every Active Member shall, in every Plan Year, contribute to the Plan, by payroll deduction, the following amount:

 

(a)        for an Active Member who is not required to contribute to the Canada Pension Plan or Québec Pension Plan, 5% of his Earnings;

 

(b)        for an Active Member who is required to contribute to the Canada Pension Plan or Québec Pension Plan, 3.5% of his Earnings up to the Yearly Maximum Pensionable Earnings and 5% of the Earnings in excess, if any.

 

            While a Member is on Disability or Maternity Leave, the Required Member Contributions shall be paid on his behalf by his Québec Employer and credited to such Member as if they were paid by the Member.  For such purpose, the Required Member Contributions of the Member during Disability or Maternity Leave shall be computed using the Member’s Earnings and the YMPE in effect on the day preceding the Member’s Disability or Maternity Leave.

 

            The contributions made by a Member by virtue of this section 5.01 shall not exceed 50% of the "money purchase limit" for the year as determined under section 147.1 of the Income Tax Act.

 

5.02     Suspension Of Required Member Contributions

 

            Subject to the second paragraph of section 5.01, the Required Member Contributions of a Member shall be suspended during an Approved Leave.

 

5.03     No Withdrawal Of Contributions

 

            While a Member remains in Continuous Employment, no Required Member Contributions made by such Member may be withdrawn from the Plan.

 

5.04     Contributions By Québec Employers

 

            Subject to section 5.05, each Québec Employer shall contribute to the Plan such amounts as are recommended by the Actuary to cover the cost of benefits arising in respect of Credited Service of its own Employees in a given Plan Year not covered by Required Member Contributions.

 

            Each Québec Employer shall also make such other payments, as may be required, for the amortization of any initial unfunded liabilities or experience deficiencies arising in respect of benefits of its own Employees, in accordance with the Applicable Legislation.

 

            The Plan shall provide for funding, in accordance with the prescribed tests and standards for solvency, that is adequate to provide for payment of all pension benefits and other benefits required to be paid under the terms of the Plan.

 

            Notwithstanding the above, any contribution by a Québec Employer must be an eligible contribution under subsection 147.2(2) of the Income Tax Act.

 

5.05     Application of Surplus Assets to Payment of
Québec Employers Contributions

 

(a)        Where the Plan is in a surplus position, the Québec Employers may use all or part of such surplus to cover for contributions otherwise required from them.

 

(b)        If at any time while the Plan continues in existence but after January 1, 2004, the Actuary certifies that the assets of the Pension Fund exceed the actuarial liabilities of the Plan in respect of the benefits defined in the Plan, the Québec Employers’ contribution obligations under section 5.04 are reduced by an equal amount or by a lesser amount, all determined by the Québec Employers, subject to any limitations prescribed by the Applicable Legislation.

 

5.06     Additional Voluntary Contributions

 

            In addition to the Required Member Contributions specified in section 5.01, an Active Member may, subject to section 6.02, make Additional Voluntary Contributions by means of payroll deduction in respect of current service with a Québec Employer, provided that such Additional Voluntary Contributions may not exceed $600, or such greater amount as may be permitted by the Income Tax Act, in any calendar year.

 

            For each Member, his Additional Voluntary Contributions and Credited Interest thereon must be maintained in a Member’s Account.

 

            At retirement, the Member’s Account must be paid in a lump sum to the Member or be used to purchase a lifetime annuity for the Member from an insurance company.

 

            If a Member dies before retirement, his Member’s Account shall be paid to his surviving Spouse, if any, or to his Beneficiary, if there is no surviving Spouse, or to his estate if there is no Beneficiary.

 

            If a Member terminates Continuous Employment with a Québec Employer prior to retirement, his Member’s Account shall be refunded to him upon his request submitted on a form provided by the Retirement Committee.

 

 

Revised version as of July 4, 2003

 

Bill Namagoose

 

 

Chairman of the Pension Committee


5.07     Remittance Of Contributions

 

            The contributions payable under the Plan shall be remitted to the Pension Fund at such time and in such manner as prescribed under the Applicable Legislation.


6.01     Normal Retirement Date

 

            The Normal Retirement Date of a Member shall be the first day of the month coinciding with or immediately following his sixtieth (60th) birthday.

 

6.02     Deferred Retirement Date

 

            If an Active Member remains in Continuous Employment after his Normal Retirement Date, the pension payable to him under the Plan shall start to be paid as of and from his Normal Retirement Date. During such period of Continuous Employment, the Member shall cease to accrue Credited Service and no contributions shall be made by or on behalf of such Member to the Plan.

 

6.03     Early Retirement

 

            An Active Member who has attained age fifty (50) may elect to retire and to start receiving on the first day of any month thereafter a pension determined in accordance with section 7.03.

 

6.04     Prescribed Form

 

            A Member shall, before his retirement date, complete and submit to his Québec Employer the application form prescribed by the Retirement Committee, specifying the date of retirement, marital status, Beneficiary, if any, and optional form of pension, if desired, of the Member, accompanied by the certificate of birth, or other documentary evidence satisfactory to the Retirement Committee of the age, of the Member, of his Spouse or of his Beneficiary.


7.01     Amount Of Benefit On Normal Retirement

 

            Each Member who retires on his Normal Retirement Date, in accordance with the provisions of section 6.01, shall thereupon become eligible to receive an annual pension, determined as follows:

 

            (a)        In respect of periods of Credited Service recognized as past service pursuant to section 4.04(a)(ii) or 4.04(b)(i), the benefits shall be as specified in Appendix A or as specified in the Reciprocal Agreement for those Members transferred to the Plan in accordance with such Reciprocal Agreement.

 

            (b)        In respect of periods of Credited Service prior to January 1, 1992 and not recognized as past service pursuant to section 4.04(a)(ii) or 4.04(b)(i):

 

                        The greater of:

 

                        (i)         the amount, payable in accordance with section 8.02, which may be provided by two (2) times his Required Member Contributions made before January 1, 1992 with Credited Interest to his Normal Retirement Date; and

 

                        (ii)        1.5% of the Member’s Final-Average Earnings for each year or part thereof of his Credited Service prior to January 1, 1992 and not recognized as past service pursuant to section 4.04(a)(ii) or 4.04(b)(i).  Where applicable, the amount of pension so calculated shall be reduced by 0.5% of the Member’s "final-average lower-deck Earnings" for each year and part thereof of Credited Service during which he contributed to the Canada Pension Plan or Québec Pension Plan.  The term "final-average lower-deck Earnings" shall mean the lower of the Member’s Final-Average Earnings and of the average of the YMPE in the calendar year the Member terminates Continuous Employment or retires, and in the five (5) immediately preceding calendar years.

 

            (c)        In respect of periods of Credited Service as of and from January 1, 1992 and not recognized as past service pursuant to section 4.04(a)(ii) or 4.04(b)(i):

 

                        2.0% of the Member’s Final-Average Earnings for each year or part thereof of Credited Service.  Where applicable, the amount of pension so calculated shall be reduced by 0.5% of the Member’s "final-average lower-deck Earnings", as defined in section 7.01(b)(ii), for each year and part thereof of Credited Service during which he contributed to the Canada Pension Plan or Québec Pension Plan.

 

            However, when an amount is to be paid from the Pension Fund for the benefit of any Spouse or former Spouse of a Member upon marriage breakdown, as contemplated in section 14.08, the amount of the Member’s pension benefit shall be reduced by the Actuarial Equivalent Value of the amount paid for the benefit of such Spouse or former Spouse.

 

7.02     Amount Of Benefit On Deferred Retirement

 

            An Active Member who reaches his Normal Retirement Date and who continues his service with a Québec Employer after his Normal Retirement Date, shall receive, starting on his Normal Retirement Date, a pension determined in accordance with section 7.01.

 


7.03     Amount Of Pension On Early Retirement

 

            The amount of pension payable to a Member having elected, in accordance with section 6.03, to retire and to start receiving a pension commencing on the Early Retirement Date shall be equal to the pension to which he would be entitled on his Normal Retirement Date, calculated in accordance with section 7.01, reduced by ¼% for every month between his Normal Retirement Date and his Early Retirement Date.

 

7.04     Maximum Pension Amount

 

            Nothing in the Plan shall be interpreted or implemented so as to cause a Member’s Pension Adjustments (PA) to be inconsistent with the Income Tax Act, read as whole and having regard to the purpose thereof.  Notwithstanding sections 7.01, 7.02 and 7.03, or any other provision of the Plan (excluding section 7.05), the amount of annual pension which a Member is entitled to receive upon retirement, termination of Continuous Employment or termination of the Plan by virtue of sections 7.01(a), 7.01(b)(ii) or 7.01(c), or by virtue of the corresponding benefit payable under sections 7.02 or 7.03, shall not exceed the lesser of the two following amounts:

 

            (a)        $1,722 times the number of years of applicable pensionable service not exceeding thirty-five (35); and

 

            (b)        an amount that is the product of (i) and (ii) below:

 

                        (i)         2% per year of applicable pensionable service not exceeding thirty (35) years, and

 

                        (ii)        the average of the best three consecutive years of remuneration paid to the Member by a Québec or Federal Employer.

            The applicable pensionable service shall refer to the Member’s Credited Service prior to April 1, 1985 or the date on which that Member’s employer adheres to the Plan or the Federal Plan, for the benefit payable by virtue of section 7.01(a), and to his Credited Service as of and from April 1, 1985 or, if later, the date on which that Member’s employer adheres to the Plan or the Federal Plan, for the benefit payable by virtue of sections 7.01(b)(ii) and 7.01(c).

 

            Such maximum shall not apply to the pension derived from the Member’s Additional Voluntary Contributions.

 

With respect to years of Credited Service before January 1, 1990, the Actuarial Equivalent Value of a Member’s pension commencing on his Early Retirement Date shall not exceed the Actuarial Equivalent Value of the maximum pension payable at Normal Retirement Date as a single life annuity guaranteed for ten (10) years.

 

With respect to years of Credited Service from January 1, 1990, the maximum pension payable at Normal Retirement Date shall be reduced, if necessary, by the Prescribed Reduction.

 

            In respect of a Member, for any calendar year since the Effective Date:

 

            (a)        the Pension Adjustment under the Plan for the year for that Member in respect of a Québec Employer may not exceed the lesser of (i) and (ii) below:

 

                        (i)         the money purchase limit for the year as determined in section 147.1 of the Income Tax Act;

 

                        (ii)        18% of the Member’s compensation, as defined in subsection 147.1(1) of the Income Tax Act, for the year from that Québec Employer; and

 

            (b)        the aggregate of

 

                        (i)         the Pension Adjustments under the Plan for that Member for the year in respect of each Québec Employer, and

 

                        (ii)        the aggregate of all amounts each of which is the Member’s Pension Adjustment for the year in respect of an employer who, at any time in the year, does not deal at arm’s length with the a Québec Employer

 

                        may not exceed the money purchase limit for the year as determined in section 147.1 of the Income Tax Act.

 

7.05     Minimum Value of Pension

 

            Notwithstanding section 7.04, the Actuarial Equivalent Value of an early, normal or deferred retirement pension payable to a Member must be increased, where applicable, by the excess, if any, of:

 

            (a)        his Required Member Contributions made on or after January 1, 1992 with Credited Interest over

 

            (b)        50% of the Actuarial Equivalent Value of the pension, payable in accordance with sections 8.02 and 12.01, accrued on or after January 1, 1992.

 


7.06     Small Benefit Commutation

 

If the Actuarial Equivalent Value of the benefit payable upon retirement to a Member is less than 20% of the YMPE in the year he retires, or such other amount as may be prescribed for this purpose by the Applicable Legislation, the Member may elect to receive a lump sum payment equal to the Actuarial Equivalent Value of the benefits to which he is entitled under the Plan, in full satisfaction of his entitlements thereunder. The Administrator may also refund the value of the Member’s pension in full satisfaction of the Member’s entitlements under the Plan.

 


8.01     Pension Calculation According to Normal Form

 

The amount of pension provided under section 7.01, 7.02 or 7.03 is calculated according to the normal form of pension for the Member and is payable in that normal form of pension unless the Member elects an optional form of pension.

 

8.02     Normal Form of Pension Benefits

 

            The normal form of pension is as follows depending on whether the Member has a Spouse on the date when pension payments commence:

 

            (a)        Member Without a Spouse

 

                        For a Member who has no Spouse on the date on which pension payments commence, the normal form of pension benefit is an annuity payable in equal monthly installments as long as the member lives. Should the Member die following commencement of pension payments, but before 120 monthly pension payments have been made, the pension payments will continue to be made to the Member’s Beneficiary until 120 payments in all have been made.

 

            (b)        Member With a Spouse

 

                        For a Member who has a Spouse on the date on which pension payments commence, the normal form of pension is a joint and survivor annuity which is payable in equal monthly installments of a reduced amount (the reduced amount of pension having an Actuarial Equivalent Value to the pension payable in the form described in section 9.02 (a)) for the life of the Member and payable after the Member’s death to such Member’s Spouse for his life in equal monthly installments equal to 60% of the amount of each monthly installment paid to the Member immediately before his death.

 

            (c)        Waiver of Spousal Joint and Survivor Pension

 

Except for the form described in section 8.02(d), a Member who has a Spouse may elect any other form of pension which provides no benefit to the Spouse or a benefit to the Spouse that is less than 60% of the benefit paid to the Member if

 

(i)         the Member delivers to the Company, within the 12‑month period immediately preceding the date upon which payment of the pension is to commence, the written waiver of the Member’s Spouse in the form prescribed under the Applicable Legislation; and

 

(ii)        this waiver is not revoked by the Member’s Spouse prior to the commencement of the pension.

 

The waiver provided for herein does not entail waiver of any rights that may devolve upon the Spouse as the Member’s successor.

 

            (d)        Guaranteed Benefits and 60% Survivor Pension

 

Alternatively, the Member may elect to receive:

 

(i)         a pension payable for life in equal monthly installments, with the guarantee that if the Member dies before receiving 120 monthly payments, the Member’s Spouse will receive the remainder of these 120 payments;


(ii)        which, upon expiry of the guaranteed period, will continue to be paid to the Member’s Spouse for the Spouse’s life in equal monthly installments equal to 60% of the amount paid on the date of the expiration of the guarantee; and

(iii)       that has an Actuarial Equivalent Value to the benefits described in section 8.02(a).

 

Should the Member and his Spouse both die before all guaranteed monthly payments have been made, the estate of the last survivor will receive the Actuarial Equivalent Value of the remainder of these payments.

 

8.03     Election of Optional Forms

 

In lieu of the normal form of pension payable according to section 8.02(a) or (b), and subject to the restriction under section 8.02(c), a Member may elect, before pension commencement, to receive his pension benefit in one of the optional forms of pension offered by the Plan and allowed under the Applicable Legislation.

 

8.04     Optional Forms of Pension

 

The optional form of pension benefit elected by the Member shall be the Actuarial Equivalent Value to the pension payable according to section 8.02(a).  The optional forms of pension are:

 

(a)        Pension Guaranteed 15 Years

 

An increased pension payable monthly during the lifetime of the Member but which will be guaranteed to be payable for 15 years.  If the Member dies before 180 monthly payments have been paid, his Beneficiary shall receive the remaining payments in a lump sum or for the balance of the term or, in the absence of a Beneficiary, their Actuarial Equivalent Value shall be paid to his estate in a lump sum.

 

(b)        Joint and survivor pension

 

A reduced pension payable monthly during the lifetime of the Member and as long as a designated joint annuitant (his Spouse or a dependent) shall survive.  The amount of the pension payable to the surviving joint annuitant shall be a portion, which may be not less than 50% nor greater than 100%, of the initial amount of pension, as specified by the retiring Member at the time of election of this form of pension. Such joint and survivor pension may also be combined with guaranteed periods. Should the designated joint annuitant die before the Member’s pension commences, this optional form shall be considered null and void.

 

The designated joint annuitant shall be an eligible dependent in accordance with the definition of these terms in the Income Tax Act.

 

8.05     Termination of Spouse’s Entitlement

 

The right of a Member’s Spouse to benefits granted under this section 8 is terminated by separation from bed and board, divorce or annulment of marriage or by the cessation of the conjugal relationship, unless the following conditions apply:

 

(a)        the Member notified the Administrator in writing to pay the benefits to the Spouse notwithstanding the separation from bed and board, divorce, annulment of marriage or cessation of the conjugal relationship; and

(b)        in the cases where the court judgement became effective or, as the case may be, the cessation of the conjugal relationship occurred after August 31, 1990 but before January 1, 2001, there has not been a division of the Member’s benefits pursuant to section 14.08.

 

8.06     Redetermination of Member’s Pension

 

(a)        Where a Member’s pension has been established pursuant to section 8.02(b), 8.02(d) or 8.04(b) and the entitlement of his Spouse to the survivor pension is terminated pursuant to section 8.05, the Member may request a redetermination of his pension.  The redetermined pension shall be in the same amount and have the same characteristics as the pension that would be payable to the Member at the date of redetermination had the Member not had a Spouse on the pension commencement date.

 

(b)        Unless the Company has received the notice referred to in section 8.05(a), the Company shall redetermine the Member’s pension if, after the pension commencement date, there has been a division of the Member’s pension pursuant to section 14.08.

 

(c)        The redetermination of a pension under this section cannot alone operate to reduce the amount of the pension paid to the Member.

 


8.07     Replacement of Pension by Temporary Pension (higher amount to 65)

 

            (a)        A Member who has attained age 50 and who has terminated Active Membership is entitled, under conditions prescribed by the Applicable Legislation, to replace his pension, in whole or in part, before payment begins, by a temporary pension the amount and duration of which are fixed by him and which meets the following requirements:

 

(i)         the annual amount of the pension does not exceed 40% of the YMPE for the year in which payment of the pension begins, that limit being reduced, where applicable, by the annual amount of any other temporary or bridging benefit to which the Member is entitled under the terms of the Plan;

 

(ii)        payment of the temporary pension cannot commence earlier than the date the Member’s pension under section 7.03 commences, except when the entire pension is replaced, and ceases at the latest with the payment immediately preceding or coincident with the Member’s Normal Retirement Date; and

 

(iii)       the temporary pension has the Actuarial Equivalent Value of the pension or of the part of the pension it replaces, determined on the date of the replacement.

 

(b)        The Spouse of a Member who has elected to replace his pension by a temporary pension under section 8.07(a) is entitled to a pension, payable from the death of the Member to the end of the period of replacement, in monthly payments equal to 60% of the amount of temporary pension the Member was receiving immediately before his death.  The Spouse may waive the right to such pension or revoke the waiver prior to the commencement of the temporary pension, according to the same conditions as those applicable under section 8.02(c).

 

8.08     Replacement of Spouse’s Pension by Temporary Pension

 

The Member’s Spouse who has become entitled to a survivor pension and who has attained age 50 is entitled, under conditions prescribed by the Applicable Legislation, to replace the Spouse’s pension, in whole or in part, before payment begins, by a temporary pension the amount and duration of which are fixed by the Spouse and which meets the following requirements:

 

(a)        the annual amount of the pension does not exceed 40% of the YMPE for the year in which payment of the pension begins, that limit being reduced, where applicable, by the annual amount of any other temporary or bridging benefit to which the Spouse is entitled under the terms of the Plan;

 

(b)        payment of the Spouse’s temporary pension cannot commence earlier than the date the Spouse’s survivor pension under section 8 commences, except when the entire survivor pension is replaced, and ceases at the latest with the payment immediately preceding or coincident with the date of the Spouse’s attainment of age 65; and

 

(c)        the Spouse’s temporary pension has the Actuarial Equivalent Value to the pension or of the part of the pension it replaces, determined on the date of the replacement.

 


8.09     Partial Replacement of Québec Member’s or Spouse’s Pension by Lump Sum

 

A Member who has attained age 50 but not age 60 and has terminated Continuous Service, or the Québec Member’s Spouse who has attained age 50 but not age 60 and who has become entitled to a survivor pension under the Plan, may elect to receive a lump sum payment from the Plan in each year before pension commencement. Each lump sum payment is in replacement of lifetime pension benefits and cannot exceed:

 

(a)        40% of the YMPE for the year in which application is made by the Member or the Spouse, as the case may be; less

 

(b)        the total temporary and other bridging benefits that will be received by the Member or the Spouse, as the case may be, during the year from other pension plans, life income funds and annuity contracts to which assets have been transferred from a pension plan.

 

The Member or the Spouse, as the case may be, can apply for such a lump sum payment only once a year, by completing a declaration in the form prescribed under the Applicable Legislation and by filing it with the Administrator along with the application.

 


9.01     Vested Pension At Termination

 

            A Member who terminates Active Membership before eligibility to Early Retirement as per section 6.03 shall be entitled, with respect to all benefits accrued relative to Continuous Employment up to the termination date, to the vested retirement pension described in section 9.02 or to the lump sum transfer described in section 13.02.

 

9.02     Termination Benefits

 

A Member whose Active Membership terminates as per section 9.01 is entitled to receive:

 

(a)        a deferred pension, commencing on his Normal Retirement Date, in the amount accrued under section 7.01 based on his Required Member Contributions, Credited Service, Final Average Earnings and Final Average Lower-Deck Earnings up to the date of termination; and

 

(b)        an additional pension, deferred until his Normal Retirement Date, provided by any excess contributions determined in accordance with section 7.05, plus Credited Interest; and

 

(c)        an additional benefit, payable on his Normal Retirement Date, determined in accordance with section 9.03.

 


9.03     Additional Benefit

 

(a)        Value

 

A Member whose Active Membership terminates before he has attained age 50 is entitled to an additional benefit the value of which is equal to the difference between variables A and B, where

 

A         is the sum of the following amounts:

 

(i)         the Actuarial Equivalent Value of the pension accrued to the Member pursuant to section 9.02(a) for Credited Service with respect to periods of Continuous Service before January 1, 1992;

 

(ii)        the Actuarial Equivalent Value of the pension accrued to the Member pursuant to section 9.02(a) for Credited Service with respect to periods of Continuous Service after December 31, 1991, with Indexation Before Retirement between the date the Member terminates Active Membership and the date he attains age 50; and

 

(iii)       any excess contributions calculated pursuant to section 9.02(b) after applying the Indexation Before Retirement in accordance with paragraph (ii) above.

 

B          is the Actuarial Equivalent Value of the pension accrued to the Member pursuant to section 9.02(a) for Credited Service with respect to all periods of Continuous Service, increased by any excess contributions calculated pursuant to section 9.02(b).

 

(b)        Form of Payment

 

The additional benefit established as per section 9.03(a) is payable in the form of a life annuity, determined at the date on which the Member ceased to be an Active Member, whose amount may not exceed the maximum amount that may be set without resulting in the determination of a past service pension adjustment within the meaning of the Income Tax Act. The portion of the value of the additional benefits that may not be used to provide a life annuity, if any, by reason of this maximum is paid to the Member in a lump sum, at the date on which he ceased to be an Active Member.

 

9.04     Early Payment of Benefits Upon Termination of Active Membership

 

A member who terminates Active Membership before he has attained age 50 may elect to commence receiving his benefits on the first day of any calendar month coincident with or following his attainment of age 50 and prior to his Normal Retirement Date. The Member shall be entitled to the following amounts:

 

(a)        a pension of an Actuarial Equivalent Value to the deferred pension pursuant to section 9.02(a) that would have otherwise commenced on his Normal Retirement Date, provided that the Prescribed Reduction is applied; and

 

(b)        an additional pension provided by any excess contributions determined in accordance with section 7.05, plus Credited Interest; and

 

(c)        a pension of an Actuarial Equivalent Value to the additional benefit provided for in section 9.03.

 

9.05     Small Benefits Commutation

 

If the Actuarial Equivalent Value of the benefits to which the Member is entitled on termination of Active Membership is less than 20% of the YMPE of the year in which his Active Membership terminates, or such other amount as may be prescribed for this purpose by the Applicable Legislation, the Member may elect to receive a lump sum payment equal to the Actuarial Equivalent Value of the benefits to which he is entitled under the Plan, in full satisfaction of his entitlements thereunder. The Administrator may also refund the Actuarial Equivalent Value of the Member’s benefits in full satisfaction of the Member’s entitlements under the Plan.

 

9.06     Member no Longer Resident in Canada

 

A Member who has terminated Active Membership, whose period of Continuous Service has terminated and who has ceased to reside in Canada for at least two years shall be entitled to a refund of the value of his benefits under the Plan, in full satisfaction thereof.

 


10.01   Death Of Member Before Normal Retirement Date

 

            If an Active Member dies in Continuous Employment before reaching the age of 50, his surviving Spouse if any, shall receive, during her lifetime, an immediate pension of Actuarial Equivalent Value to the pension to which the Member would have been entitled had he terminated Active Membership on the day before his death.  Notwithstanding the preceding, the surviving Spouse shall be entitled, as soon as the necessary information and forms have been provided to the Administrator, to the lump sum transfer described in section 13.02.  For the purpose of determining such pension, the Member’s pension shall be assumed payable at his Normal Retirement Date.  In all cases, should there be no surviving Spouse or if the Spouse waived her rights in accordance with section 10.04, the Member’s designated Beneficiary, or his estate in the absence of a Beneficiary, shall receive, as soon as the necessary information and forms have been provided to the Administrator, a lump sum payment of the amount of the lump sum transfer described in section 13.02.

 

            If an Active Member dies in Continuous Employment before his Normal Retirement Date but after having reached the age of 50, his surviving Spouse, if any, shall receive, during her lifetime, an immediate pension, indexed subject to section 12.01(c), of Actuarial Equivalent Value to the pension to which the Member would have been entitled had he terminated Continuous Employment on the day before his death and had he retired in accordance with section 6.03.  For the purpose of determining such pension, the Member’s pension shall be assumed payable from the death of the Member and shall be determined in accordance with sections 7.03 and 12.01.  Notwithstanding the preceding, the surviving Spouse shall be entitled, as soon as the necessary information and forms have been provided to the Administrator, to the lump sum transfer described in section 13.02.  Should there be no surviving Spouse or if the Spouse waived her rights in accordance with section 10.04, the Member’s designated Beneficiary, or his estate in the absence of a Beneficiary, shall receive, as soon as the necessary information and forms have been provided to the Administrator, a lump sum payment of the amount of the lump sum transfer described in section 13.02.

 

10.02   Death Of A Retired Member

 

            If a retired Member dies after he has reached Normal Retirement Age or commenced to receive his pension payments, the death benefit shall be payable in accordance with the optional form of pension which the Member elected or is deemed to have elected, or, in the absence of such optional form, with the normal form of pension, as described in Article VIII.

 

            If the Member did not designate a Beneficiary, or it his Beneficiary predeceased him, the death benefit shall, subject to the Applicable Legislation, be paid to the estate of the Member in a lump sum.

 

10.03   Death Of A Vested Terminated Member

 

            The death benefit payable on behalf of a Vested Terminated Member shall be an immediate pension to his surviving Spouse, if any, during her lifetime of Actuarial Equivalent Value to the benefits to which the Member was entitled upon his termination of Continuous Employment.  Notwithstanding the preceding, the surviving Spouse shall be, as soon as the necessary information and forms have been provided to the Administrator, entitled to the lump sum transfer described in section 13.02.  In all cases, should there be no surviving Spouse or if the Spouse waived her rights in accordance with section 10.04, the Member’s designated Beneficiary, or his estate in the absence of Beneficiary, shall receive a lump sum of Actuarial Equivalent Value to the benefits to which the Member was entitled upon his termination of Continuous Employment.

 


10.04   Spouse’s Waiver

 

The Spouse of a Member may waive the rights granted in this section 10 by delivering to the Administrator a signed waiver containing the information prescribed under the Applicable Legislation.

 

The Spouse may revoke the aforesaid waiver provided that the Administrator has been advised thereof in writing prior to the death of the Member.

 

The waiver provided for herein does not entail waiver of any rights that may devolve upon the Spouse as the Member’s successor.

 


11.01   No Pension Benefit Under Plan Before Normal Retirement Date

 

            Subject to section 4.02, in the event of the Disability of a Member, no pension benefit will be paid under the Plan before Normal Retirement Date.

 

11.02   Pension At Normal Retirement Date

 

            On attainment of his Normal Retirement Date, a Member who incurred Disability and who continues to be on Disability and who maintains Active Membership shall be entitled to a pension payable monthly for life in an amount determined as provided for in section 7.01.  For the purpose of determining such pension, the Member’s Earnings and the YMPE at the time of Disability shall be deemed to apply during the period of Disability.


12.01   Starting Date

 

            (a)        Once a Member is in receipt of pension payments under the Plan, such payments shall be increased annually to reflect changes in the cost-of-living, starting on the later of:

 

                        (i)         January 1 of the year following the year such Member attains age 60; or

 

                        (ii)        January 1 of the year following the year such Member retired.

 

            (b)        Notwithstanding paragraph (a), in respect of pension benefits accrued after January 1, 1992, a Member shall be entitled to cost-of-living increases, calculated in accordance with section 12.02, in pension payments only if

 

                        (i)         he was in the Continuous Employment of a Québec Employer upon his retirement or had satisfied the age and membership requirements of section 6.03 upon his termination; and

 

                        (ii)        he is in receipt of pension payments under the Plan.

 

                        Such increases shall start on the later of:

 

                        (iii)       January 1 of the year following the year such Member attains age 60; or

 

                        (iv)       January 1 of the year following the year such Member retires.

 

            (c)        The surviving Spouse or Beneficiary of a deceased Member who

 

                        (i)         was entitled to cost-of-living increases in pension payments under paragraph (a) or (b), or

 

                        (ii)        in respect of pension benefits accrued after January 1, 1992, had satisfied the age and membership requirements of section 6.03 upon the earlier of his termination of Continuous Employment or death,

 

                        shall be entitled to cost-of-living increases, calculated in accordance with section 12.02, applied to the benefits payable under the Plan to such Spouse or Beneficiary, starting on the same date as that on which the deceased Member would have started receiving such increases.

 

12.02   Determination Of The Increase

 

            The annual cost-of-living increase in pension payments, contemplated in section 12.01, shall be established as follows:

 

(a)        in respect of pension benefits accrued after January 1, 1992, the increase in the Consumer Price Index (CPI) calculated as the ratio of the CPI in October of the preceding year over the CPI in October of the second preceding year without exceeding an annual cost-of-living increase of 3%;

 


(b)        in respect of pension benefits accrued before January 1, 1992, the increase in the Consumer Price Index (CPI) calculated as the ratio of the CPI in October of the preceding year over the CPI in October of the second preceding year without exceeding an annual cost-of-living increase of 3% provided that if the investment performance of the Pension Fund in a given year does not, in the judgement of the Actuary, permit such increase to be granted, the Québec Employers may decide to grant a lower increase, or no increase, at their discretion.

 

For Members having received their pension for less than one year on the effective date of the increase, the percentage increase shall be prorated on the basis of the number of months during which such Members received their pension.

 


13.01   Reciprocal Agreement

 

            The Québec Employers shall conclude with the Federal Employers a Reciprocal Agreement in respect of the Plan and the Federal Plan.  Such agreement shall provide for the transfer of the Continuous Employment, Credited Service and benefits of a member of one of these plans to the other plan along with the appropriate portion of assets when such member changes his employment from a Federal Employer to a Québec Employer or vice versa.  The Reciprocal Agreement must be filed with the Régie des rentes du Québec and the Canada Customs and Revenue Agency.

 

13.02   Transfer Out

 

            (a)        Upon termination of Active Membership, a Member may elect, or upon the death of a Member, the Member’s Spouse may elect in replacement of benefits otherwise described under this Plan, to transfer a lump sum payment equal to the Actuarial Equivalent Value of the termination benefit described in section 9.02 plus the excess, if any, of twice the Required Member’s Contributions made on or after January 1,1992, together with Credited Interest over the Actuarial Equivalent Value of the termination benefit as described in section 9.02 accrued on or after January 1, 1992. The transfer value shall exclude the value of any subsidized early retirement benefit and the value of any pension indexation payable after retirement.

 

            (b)        Such transfer can be made to another registered pension plan, a locked-in retirement account or to any other vehicle as may be prescribed for this purpose by the Applicable Legislation, in full discharge of the obligation of the Québec Employers under the Plan. In addition, the Member or the Spouse of a deceased Member may elect to purchase an immediate or deferred life annuity of the kind permissible by the Applicable Legislation with the transfer value described above.

 

            (c)        The Administrator shall permit such transfer provided it is established, to the satisfaction of the Administrator, that such other plan will respect the locking-in provision of the Applicable Legislation and provided that such transfer is permitted under the Income Tax Act and its regulations.  Amounts transferred to a defined contribution provision of a registered pension plan or to a locked-in registered retirement savings plan shall not exceed the maximum amount prescribed for this purpose by the Income Tax Act. The excess, if any, over the amount transferred will be paid directly to the Member in cash. This restriction does not apply to the transfer of voluntary contributions.

 

            (d)        The right to transfer to another registered plan by such a Member may only be exercised

 

(i)         if the Member has not attained age 50 on the date of termination of Continuous Employment, and

 

(ii)        within one of the following time limits:

 

(A)       within ninety (90) days of the date on which the Member received the statement pursuant to section 3.07(d);

 

(B)       subsequently and not later than the date provided for in paragraph (C) below, every five (5) years within ninety (90) days of each fifth (5th) anniversary of the date on which the Member ceased to be an Active Member;

 

(C)       within ninety (90) days of the date on which the Inactive Member attains age fifty (50).

 

                        Notwithstanding the above, these time limits do not apply to Additional Voluntary Contributions and the Retirement Committee may, at its sole discretion, waive any of these time limits.

 

13.03   Transfer Of Surviving Spouse’s Pre-Retirement Death Benefits

 

            Notwithstanding any provision to the contrary, any death benefit to which the surviving Spouse becomes entitled, where the Member’s death has occurred before the commencement of pension payments, may be transferred, if the surviving Spouse so elects, in accordance with section 13.02.

 

13.04   Transfer Of Former Spouse’s Assigned Pension Benefit

 

            Notwithstanding any provision to the contrary, pension benefits under the Plan assigned to a former Spouse upon marriage breakdown in accordance with section 14.08, may be transferred, if the former Spouse so elects, in accordance with section 13.02.

 

13.05   Applicable Legislation

 

            Transfers made under sections 13.01 and 13.02 must be made in accordance with the provisions of the Income Tax Act and the Supplemental Pension Plans Act (Québec) with respect to the solvency of the Pension Fund.


14.01   Only Authorized Net Benefit Payable

 

            Only the benefit as authorized by the Retirement Committee, after making any adjustment or deduction which shall be applicable, shall be payable from the Pension Fund.

 

            A benefit payable under the Plan shall be granted and payment thereof shall be made only upon application in the manner prescribed by the Retirement Committee and, where applicable, only after submission of satisfactory proof of age of the Member and the Joint Annuitant.

 

14.02   Date And Duration Of Payment

 

            Provided an application for benefit payment has been made in accordance with sections 6.04 and 14.01, the retirement pension shall be payable to the retired Member as of the first day of the month on or after his Normal or actual Retirement Date, as was approved by the Retirement Committee, and each month thereafter during his lifetime, subject to the provisions of Article VIII.

 

14.03   Facility Of Payment

 

            If any person entitled to benefits under the Plan, is legally, physically or mentally incapable of personally receiving any such benefit, or executing a receipt therefor, payment may be made to a legally appointed guardian of such person entitled to benefits or, in the absence of a guardian, to the court.  Receipt for any such payment shall constitute a full discharge of liability with respect to the total amount so paid.

 


14.04   Errors And Misstatements

 

            If the age, period of Credited Service, Earnings, or any other relevant fact with respect to a Member’s participation has been misstated, the retirement annuity or any other benefits payable with respect to such Member shall be adjusted to that which would have been provided on the basis of the correct facts.  In the event that any over-payment has been made to the Member or other payee on account of such misstatement, the amount of the over-payment shall be charged against any further payments made hereunder in respect to such Member or payee.  If an under-payment has been made, an adjustment thereof shall be made to the person who shall be entitled thereto.

 

14.05   Benefits Protected

 

            Subject to the Applicable Legislation and except as provided in section 14.08, no right, benefit or credit of a Member or other recipient under the Plan may be seized, attached, garnished, assigned, charged, anticipated, given as security or surrendered.

 

14.06   Non-Discrimination

 

            The sex of a Member, Spouse or Beneficiary shall not be taken into account in determining the amount of Required Member Contributions, pension benefits or the Actuarial Equivalent Value of pension benefits to which a Member, Spouse or Beneficiary is or may become entitled or any other benefit payable under the Plan.

 


14.07   Benefit Not Less Than Member’s Contributions

 

            A Member’s pension benefit shall not be less than the annuity, in the same form and conditions, which may be purchased by his Required Member Contributions plus Credited Interest, except that a Member’s pension benefit shall be reduced in accordance with section 7.01 where assignment upon marriage breakdown has occurred in accordance with section 14.08.

 

14.08   Marriage Breakdown

 

            Notwithstanding any provision to the contrary, all or part of a Member’s pension benefits may be assigned to a Member’s Spouse or former Spouse pursuant to a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage or other conjugal relationship between a Member and the Member’s Spouse or former Spouse.  For purposes of this section marriage breakdown means divorce, annulment or separation as used in the Applicable Legislation.  Such Spouse or former Spouse shall be entitled to benefits on the date specified in the court order or agreement reached between the Member and the Spouse or former Spouse.  In addition, the distribution of the benefits to the Spouse or former Spouse shall be made in accordance with the court order or agreement reached between the Member and the Spouse or former Spouse.  Notwithstanding the above, the Actuarial Equivalent of the benefits payable to the Member and to the Spouse or former Spouse pursuant to a court order or agreement reached between the Member and the Spouse or former Spouse shall not exceed the Actuarial Equivalent of the benefits accrued at such date, had the divorce, annulment or separation not occurred.

 

            However, a subsequent spouse of that Spouse or former Spouse is not entitled to any benefit under the Plan in respect of that assigned portion.


15.01   Establishment Of Pension Fund

 

            The Québec Employers shall establish a Pension Fund which shall comprise a separate fund or separate funds held by a Custodian on behalf of the Retirement Committee, or an insurance contract or contracts with one or more insurance companies, or any combination thereof.

 

15.02   Contributions Deposited

 

            All contributions made by the Québec Employers and Members shall be deposited into the Pension Fund.

 

15.03   Payment Of Benefit

 

            All benefits under the Plan, as determined by the Actuary and approved by the Retirement Committee, shall be provided by the Pension Fund.  However, the Retirement Committee reserves the right to provide for the payment of any pension under the Plan by transferring moneys from such Pension Fund to purchase an annuity contract from a life insurance company, licensed to issue such contract in Canada, which provides a pension in any one of the forms set forth in Article VIII.  Such contract, when delivered to the Member, shall serve as a full discharge of the obligations of the Québec Employers and the Pension Fund under the Plan.

 


15.04   Fund Protected

 

            Subject to sections 5.04, 5.05 and 17.03, no part of the corpus or income of the Pension Fund shall be used for, or diverted to, any purpose other than the exclusive benefit of Members, retired Members, Spouses, former Spouses, and Beneficiaries.  No person shall have any financial interest in or right to the Pension Fund or any part thereof, except as expressly provided for in the Plan.

 

15.05   Applicable Legislation

 

            The investment of Pension Fund monies shall be restricted to the securities and loans prescribed by the Applicable Legislation.

 

15.06   Fiscal Year

 

            The Pension Fund shall have a fiscal year ending December 31.


16.01   Role Of The Retirement Committee

 

            A Retirement Committee shall be responsible for the administration of the Plan and shall make such uniform rules and regulations as it may deem necessary to carry out the provisions of the Plan.  Notwithstanding anything to the contrary in the Plan, the Retirement Committee shall administer the Plan in accordance with uniform procedures which are required under the Applicable Legislation, as amended from time to time, governing pension plans, to which the Plan is subject.

 

            The decisions of the Retirement Committee on all matters within the scope of its authority shall be final.  It may adopt administrative rules and regulations, may prescribe forms and may require as a condition precedent to participation the filing of a written application in such form as it may prescribe whereby the Employee agrees for himself, his heirs, executors and administrators to be bound by all the terms and conditions of the Plan.

 

16.02   Powers Of The Retirement Committee

 

            The Retirement Committee shall have the powers to enable it to carry out properly its duties including but not limited to the powers:

 

            (a)        To determine the nature and extent of the investments made under the Plan in accordance with the Applicable Legislation and within the scope of the philosophy of the Québec Employers;

 

            (b)        To authorize all disbursements under the terms of the Plan;

 

            (c)        To insure any benefit under the Plan;

 

            (d)        To determine matters of policy and questions involving the interpretation and application of the Plan;

 

            (e)        To submit recommendation regarding amendments to the Plan.

 

16.03   Members Of The Retirement Committee

 

            (a)        The treasurer of each Québec Employer shall be, ex officio, the representative of his Québec Employer on the Retirement Committee as a member of such Retirement Committee during the time he holds such office and his replacement or successor shall succeed him as such.  Notwithstanding the foregoing, a Québec Employer may, by resolution, decide that another individual may represent it on the Retirement Committee.

 

            (b)        The Active Members as a group and the Inactive Members, surviving Spouse and beneficiaries entitled to benefits under the Plan as a group shall respectively appoint, during the annual meeting held pursuant to section 166 of the Supplemental Pension Plans Act (Québec) one member to the Retirement Committee as their representative.

 

            (c)        The two groups referred to in section 16.03(b) can decide at the annual meeting to respectively designate:

 

(i)         an additional member appointed by the Active Members as a group;

 

(ii)        an additional member appointed by the Inactive Members, surviving Spouses and Beneficiaries entitled to benefits under the Plan as a group.

 

(d)        A member of the Retirement Committee shall be an independent member selected by the other members of the Retirement Committee.  The independent member shall not be a party to the Plan nor a third party to whom granting of loans is prohibited according to the Applicable Legislation.

 

16.04   Terms of Office

 

            The mandate of any member of the Retirement Committee mentioned in the preceding paragraph is one (1) year and is renewable.

 

            Any member of the Retirement Committee may resign before the end of his term by delivering his written resignation to the Retirement Committee and such resignation shall become effective upon his replacement.  As soon as possible, the Québec Employer shall designate a person to fill the vacant seat of a member of the Retirement Committee previously appointed by the Québec Employer.  As soon as possible, the Retirement Committee shall designate a Member of the Plan to fill a vacant seat of a member previously appointed by the Retirement Committee or by the Members of the Plan for a term of office ceasing at the date of the next meeting held pursuant to section 166 of the Supplemental Pension Plans Act (Québec).

 

16.05   Executive Members Of The Retirement Committee

 

            The Retirement Committee shall have, as executive members, a chairman and a vice-chairman who shall be chosen for a period of three (3) years from among the members of the Committee, provided that the Retirement Committee shall retain the power to change its executive members before the end of the three (3) year period.

 

            The Retirement Committee shall also appoint a secretary.  Unless the secretary has been chosen from among the members of the Retirement Committee, the secretary shall not be deemed a member of the Committee and shall not participate in the Committee’s discussions.

 

            The Committee chairman shall be the executive officer in charge of the Retirement Committee.  He shall preside at all its meetings, shall see that its decisions are implemented, shall sign documents requiring his signature, and shall perform any duties assigned to him by the Retirement Committee.  Should the chairman be absent or incapacitated or refuse to act, the vice-chairman shall replace him and shall have all the powers and duties of chairman.

 

            The secretary shall attend all Committee meetings and shall record the minutes and enter them in one or more registers kept for this purpose.

 

16.06   Decisions Of The Retirement Committee

 

            A majority of the members of the Retirement Committee who are entitled to vote shall constitute a quorum. If there is no quorum, the members present may adjourn the meeting from time to time until a quorum is reached.

 

Each member of the Retirement Committee, except the members designated under section 16.03(c), shall have one vote on any matter put to a vote. In case of a tie-vote, the chairman of the Retirement Committee shall have a casting vote.

 

All decisions of the Retirement Committee shall be made by resolution adopted by majority vote of the members present.

 

16.07   Limitations On Powers Of Retirement Committee

 

            Notwithstanding any other provisions of this Article XVI, any decision providing for changes in the provisions of the Plan shall be subject to the approval of the Québec Employers.

 

16.08   Annual Meeting

 

(a)        Notice of Annual Meeting

 

Within six (6) months of the end of the Plan Year, or within any additional period which may be granted by the Régie des rentes du Québec, the Retirement Committee shall convene an annual meeting of Members, surviving Spouses and Beneficiaries entitled to benefits under the Plan, as well as the Québec Employers, by giving to each of them a written notice stating the time and place of the meeting.

 

(b)        Purpose of Annual Meeting

 

At such meeting, the Retirement Committee shall:

 

(i)         inform the Members of the amendments made to the Plan, the information recorded in the register of conflict of interest and the financial position of the Plan;

 

(ii)        render an account of its administration;

 


(iii)       enable the Active Members as a group and, independently, the Inactive Members, surviving Spouses and Beneficiaries entitled to benefits under the Plan as a group, to decide whether or not they will designate a member of the Retirement Committee referred to in section 16.03(b) and (c) and, if it so decides, to proceed with such designation; and

 

(iv)       deal with any matter prescribed under the Pension Benefits Act.

 

16.09   Payment Of Expenses

 

            All the expenses of administering the Plan shall be paid directly from the Pension Fund or, at the discretion of the Québec Employers, they may direct that they be paid by the Québec Employers.

 

16.10   Limitation On Responsibility

 

            The Québec Employers shall have no liability to make any payments to the Pension Fund except as expressly provided for in the Plan.  For greater certainty, the liability of Québec Employers to make any such payments shall not be solidary.  Each eligible Employee for himself, his Spouse, heirs, Beneficiaries, executors, trustees, administrators, or other legal representatives expressly releases the Québec Employers, their officers and directors as they may be constituted at any time during the operation of the Plan, and the Retirement Committee, from any and all liability for any loss or damage whatsoever in connection with the Plan, except loss or damage due to wilful misconduct or negligence.

 

16.11   Actuarial Valuations

 

            The Retirement Committee shall cause the Actuary to make periodic reviews of the assets and liabilities of the Plan and to make recommendations regarding contributions.  Such reviews shall occur not less frequently than every three (3) years.


17.01   Right To Amend Or Terminate Plan

 

            It is the intention of the Québec Employers to continue the Plan in effect indefinitely but they reserve the sole right to amend or discontinue the Plan, in whole or in part.

 

17.02   No Adverse Modification

 

            No amendment or modification shall adversely affect the rights of Members up to the date of such action.

 

17.03   Settlement On Termination

 

            If the Plan is terminated, the Pension Fund shall be used to meet all liabilities under the Plan, to the extent that they can be met by the Pension Fund, in accordance with any Applicable Legislation.  Any surplus remaining after satisfaction of all liabilities under the Plan shall be returned to the Québec Employers subject to any Applicable Legislation.

 

            In this case, a termination report must be filed for approval by the governmental authority(ies) responsible for the operation of the Applicable Legislation.  Furthermore, no assets are to be applied until the termination report is approved, but the Plan must pay pension benefits as they fall due.

 


17.04   Partial Termination

 

            In the event that any Québec Employer should decide to discontinue its participation in the Plan, the assets in the Pension Fund, actuarially determined, with respect to such Québec Employer shall be used to meet all its liabilities under the Plan to the extent that they can be met by such assets, in accordance with any Applicable Legislation.  Any surplus remaining in such assets with respect to such Québec Employer after satisfaction of all liabilities under the Plan shall be returned to the aforesaid Québec Employer subject to any Applicable Legislation.

 

17.05   No Reduction Of Accrued Benefits

 

            Benefits accrued under the Plan shall never be reduced except if upon wind-up of the Plan, due to insufficient funds, a reduction in benefits is authorized by the Régie des rentes du Québec and by the Canada Customs and Revenue Agency.


A.01    Benefit Determination For Federal Employers

 

            (a)        Applicable Formula

 

                        The benefit formula in respect of Continuous Employment prior to April 1, 1985 shall be 2.0% of the annual salary of the Member as of March 31, 1985 for each year and part thereof of Continuous Employment prior to April 1, 1985, such Continuous Employment being as limited below, less 0.6% of the lower of the annual salary of the Member as of March 31, 1985 and $20,800 for each year and part thereof of Continuous Employment prior to April 1, 1985, such Continuous Employment being as limited below, during which the Member was contributing to the Canada Pension Plan or Québec Pension Plan.

 

                        The years of Continuous Employment prior to April 1, 1985 of each Member shall be limited as follows by Federal Employer in the determination of the benefit formula in respect of Continuous Employment prior to April 1, 1985:

 

Federal Employer

Percentage of the Number of Years of Continuous Employment Prior to April 1, 1985 Recognized in the Benefit Formula

in section A.01(a)

Chisasibi Band

Mistissini Band

Waskaganish Band

Waswanipi Band

Wemindji Band

Whapmagoostui Band

Eastmain Band

Nemaska Band

Cree Regional Authority

11.75%

23.90%

100.00%

100.00%

57.21%

75.83%

100.00%

93.98%

82.72%

            (b)        Minimum Provision

 

                        Notwithstanding the above, for the Waskaganish Band, the Waswanipi Band and the Eastmain Band, the benefit formula in respect of Continuous Employment prior to April 1, 1985 shall be as follows for any Member if the resulting benefit is higher than the one produced by the application of section A.01(a):  2% of the Final-Average Earnings of the Member for each year and part thereof of Continuous Employment prior to April 1, 1985, such Continuous Employment being as limited below, less 0.6% of the "final-average lower-deck Earnings" of the Member, as defined in section 7.01, for each year and part thereof of Continuous Employment prior to April 1, 1985, such Continuous Employment being as limited below, during which the Member was contributing to the Canada Pension Plan or Québec Pension Plan.

 

                        The years of Continuous Employment prior to April 1, 1985 of each Member shall be limited as follows by Federal Employer for the application of this section A.01(b):

 

Federal Employer

Percentage of the Number of Years of Continuous Employment Prior to April 1, 1985 Recognized in section A.01(b)

Waskaganish Band

 

Waswanipi Band

 

Eastmain Band

9.31%

 

5.25%

 

43.91%


(c)        Cree Trappers’ Association

 

The benefit formula in respect of Continuous Employment from April 1, 1985 to April 1, 1986 of a Member of the Cree Trappers’ Association shall be 2% of the annual salary of the Member as of April 1, 1986 for the year of Continuous Employment from April 1, 1985 to April 1, 1986 thereof, such Continuous Employment being as limited below, less 0.6% of the lower of the annual salary of the Member as of April 1, 1986 and $23,400 for each year of Continuous Employment from April 1, 1985 to April 1, 1986 and part thereof, such Continuous Employment being as limited below, during which the Member was contributing to the Canada Pension Plan or Québec Pension Plan.  The percentage of the year of Continuous Employment from April 1, 1985 to April 1, 1986 recognized in the above benefit formula for Members of Cree Trappers’ Association is equal to 52.88%.

 

A.02    Benefit Determination For Québec Employers

 

(a)        Cree Construction Company (Québec) Limited

 

            The benefit formula in respect of Continuous Employment prior to April 1, 1985 of a Member of Cree Construction Company (Québec) Limited shall be 2% of the annual salary of the Member as of March 31, 1985 for each year and part thereof of Continuous Employment prior to April 1, 1985 less 0.6% of the lower of the annual salary of the Member as of March 31, 1985 and $20,800 for each year and part thereof of Continuous Employment prior to April 1, 1985 during which the Member was contributing to the Canada Pension Plan or Québec Pension Plan.

 


1.

Valpiro Inc.

 

2.

Cree Construction & Development Co. Ltd.

 

C.P. 67, Aéroport de Val D’Or

 

 

3983 boul. Lite

 

Val D’Or, Québec

 

 

Laval, Québec

 

J9P 4N9

 

 

H7E 1A3

 

 

 

 

 

3.

Creeco Inc.

 

4.

Wiichihituun Development Corp.

 

203 Opemiska St.

 

 

P.O. Box 339

 

Box 220

 

 

Chisasibi, Québec

 

Ouje-Bougoumou, Québec

 

 

J0M 1E0

 

G0W 3C0

 

 

 

 

 

 

 

 

5.

Mistco Ventures Inc.

 

6.

Mishtuk Development Corporation

 

Baie du Poste, Québec

 

 

Poplar Street

 

G0W 1C0

 

 

Waswanipi, Québec

 

 

 

 

J0Y 3C0

 

 

 

 

 

7.

Tawich Development Corporation

 

8.

Nemaska Development Corporation

 

Wemindji, Québec

 

 

Nemaska

 

J0M 1L0

 

 

Poste Nemiscau, Québec

 

 

 

 

J0Y 3B0

 

 

 

 

 

9.

Cree Energy & Distribution

 

10.

Kawawachikamach Energy Service

 

C.P. 310, 1452 de la Québécoise

 

 

P.O. Box 5036

 

Val d’Or, Québec

 

 

Kawawachikamach, Québec

 

J9P 4P4

 

 

G0G 2Z0

 

 

 

 

 

11.

Sachidun ChildCare Centre

 

 

 

 

P.O. Box 5075

 

 

 

 

Kawawachikamach, Québec

 

 

 

 

G0G 2Z0