Amend a supplementary unemployment benefit plan – Types of amendments and their requirements

From Canada Revenue Agency

1. Types of amendments and their requirements

A supplementary unemployment benefit plan (SUBP) may need to be modified after registration for a variety of reasons.

• Plan name change
• Employer name change
• Adding or removing an employer
• Trustee change
• Amendments to the plan text

Plan name change

When changing the plan name, the employer or trustee must send us a letter or a copy of the board resolution stating the effective date of the change along with the amended plan rules and trust agreement.

Employer name change

When changing the employer name, the employer or trustee must send us a letter, within 30 days of the change, stating the effective date of the change and one of the following:

• an amendment to the plan text and trust agreement
• a board resolution outlining the name change
• a copy of the letters patent or supplementary letters patent
• a certificate of amendment or amalgamation

Adding or removing an employer

The sponsoring employer may allow another employer to join the plan. Both employers must provide us, within 30 days of this change, their business number, the effective date of this change, and the following:

• the existing employer must send a board resolution or amendment to the plan terms offering participation to the new employer
• the new employer must send a board resolution or letter agreeing to join the plan and accept the plan terms
• if the plan text does not allow for any employers to be added, an amendment must be submitted before we can accept an additional employer

When a secondary employer no longer wants to be in the plan, that employer must send us a letter or board resolution stating the date they left the plan. The trustee must send us a letter stating the date that the funds were distributed to the beneficiaries. The plan will remain registered as a SUBP in the name of the remaining employer(s). When the last employer chooses to leave the plan, follow the procedures in Close a supplementary unemployment benefit plan.

Trustee change

When there is a change in trustee, the employer must send us a new trust agreement from the replacing trust company. If an individual trustee is being replaced, then the employer must send us the name and address of the new trustee, the name of the individual leaving, and the effective date of the change.

Amendments to the plan text

We need to be informed of any changes to the plan text, including collective agreement changes. Send us a letter stating the change with the effective date, along with an updated agreement if applicable. This letter must be signed by all participating employers. The amendment must be sent to us within 30 days of the effective date of the change.