Your right to pension information what you are allowed to ask for

Four questions, answered plainly

Ask for the plan text, not the manual. The plan text is the document that binds them.

Is the employer simply checking the pension Act? Not quite. The Act and its regulation set the minimum standards every plan must meet. Your actual benefit lives in a registered legal document called the plan text. The administrator applies that plan text, usually with its own working procedures.

Why can't they just give you the manual? No list of documents in the law includes the administrator's internal procedures manual. The documents that actually bind the plan are on those lists, though, and in Alberta you can also demand the data and the method behind your own number.

What does the law say you have a right to? The plan text and its amendments, the filed financial and actuarial reports, the plan's key policies, and a series of statements on a fixed clock. Your plan summary and every annual statement must tell you this right exists (EPPR s 30(3)(g), s 31(2)(i) and s 32(2)(d); PBSR s 23(1)(p) and (1.1)(j)).

Can you cut out the middle man? Largely, yes. You can read the same legal text the pension department works from, then ask sharper questions about how it was applied to you.

Act, plan text, booklet, administrator

Think of it as four layers in a song: the Act sets the key, the plan text writes the melody, the booklet hums it back to you, and the administrator performs it. Each layer answers to the one above.

1. The Act and regulationThey set the floor, not your benefit. Alberta's EPPA s 8(1) lists what every plan's governing record must provide for, including how benefits and contributions are determined.
2. The plan textThe legal source of your benefit. Alberta defines it as the record "that sets out the rights, obligations and entitlements under the plan" (EPPA s 1(1)(yy)), and it is filed with the Superintendent as a certified copy (s 13(a)). Federally, the administrator files a copy of the plan and every document that creates or supports it (PBSA s 10(1)).
3. The booklet or plan summaryA plain-language summary, not the law. The regulations call it "a summary of the plan" (EPPR s 30(3)(a)) or a "written explanation" (PBSA s 28(1)(a)(i)). The plan text is the legal document; the booklet summarizes it.
4. The administrator and its proceduresThe administrator must run the plan "in accordance with this Act, the regulations and the plan documents" (EPPA s 35(1)). Its internal manuals are its working interpretation of those three layers.

Employer or administrator?

They are often the same organization wearing two hats. For a federal single-employer plan, the administrator is the employer (PBSA s 7(1)(c)(i)), unless the plan was set up under a collective agreement that provides for a board of trustees (s 7(1)(c)(ii)). In Alberta every plan must have an administrator who meets prescribed criteria (EPPA s 33(a)); your booklet or annual statement names who it is.

When it wears the administrator hat, it owes you fiduciary duties. Alberta requires it to act "honestly, in good faith and in the best interests of" members, with the care of a person of ordinary prudence (EPPA s 35(2) and (3)). Federally, the administrator runs the plan and fund "as a trustee" for the employer, members, former members and others entitled to benefits, with the care of a person of ordinary prudence (PBSA s 8(3) and (4)).

Many plans hire an outside pension administration firm. In Alberta the administrator stays responsible for choosing a qualified agent and supervising it prudently (EPPA s 35(7)).

Find your jurisdiction first

Your rights depend on which pension Act governs your plan. Your annual statement or booklet usually names the jurisdiction where the plan is registered; if it doesn't, ask your plan administrator.

• Alberta private-sector plans: the Employment Pension Plans Act (EPPA) and the Employment Pension Plans Regulation (EPPR), supervised by Alberta's Superintendent of Pensions (EPPA s 4).
• Alberta public-sector plans LAPP, PSPP and SFPP: since March 1, 2019 these run under the Joint Governance of Public Sector Pension Plans Act, which deems each one registered under the EPPA and, subject to that Act, applies the EPPA and its regulations (JGPSPPA Sched 1 s 33(1) and (4); Sched 2 s 33; Sched 3 s 31). Their members generally have the same EPPA document rights as private-plan members.
• UAPP (universities academic plan): registered under the EPPA (PSPPA s 8.1(1)(b)), so the EPPA rights apply.
• Plans still under the Public Sector Pension Plans Act: only the Management Employees Pension Plan and the Public Service Management (Closed Membership) Pension Plan (PSPPA s 1(e) and (f)). For these two plans, ask the plan administrator which documents and statements are available to you.
• Federally regulated employers such as banks, airlines, rail, telecom and interprovincial trucking: the Pension Benefits Standards Act, 1985 (PBSA) and its regulations (PBSR), supervised by OSFI (PBSA s 2(1)).
• Not covered here: the federal public service plan is excluded from the PBSA (s 4(5)(a)) and runs under its own statute. Alberta teachers (ATRF) fall under the Teachers' Pension Plans Act. Members of those plans should look to those statutes for their information rights; this page does not cover them.
• Other provinces: each has its own pension standards Act, such as Ontario's Pension Benefits Act and British Columbia's Pension Benefits Standards Act. Expect similar kinds of rights, but check your own Act for the details. When your membership ends, Alberta's Act looks to the law of the province where you were last employed to set your benefit entitlement (EPPA s 1(9)); your plan administrator can confirm which law governs your plan.

What the law lets you see

Alberta (EPPA s 37; EPPR s 46)

This covers private plans plus LAPP, PSPP, SFPP and UAPP. On request, you can see:

• the plan summary, and the plan text or any amendment, as they read on a date when you were an active member, plus later amendments that affect your benefits (EPPR s 46(1)(a) to (c));
• the record that established the plan, such as the board resolution (s 46(1)(d));
• the three most recent annual information returns (s 46(1)(e));
• the two most recent actuarial valuation reports and cost certificates (s 46(1)(f));
• the three most recent audited financial statements (s 46(1)(g));
• each trust deed or trust agreement, insurance contract, bylaw and resolution relating to the plan (s 46(1)(h));
• documents about your conditions of employment that relate to the plan, such as the pension clauses of a collective agreement (s 46(1)(i));
• the governance policy, the statement of investment policies and procedures, and the funding policy (s 46(1)(k) to (m));
• any termination report, and any report of an inspection by the Superintendent's staff (s 46(1)(n) and (o)).

The math behind your number (EPPR s 43)

This is the closest thing to "the manual" the law gives you. Where a statement shows a benefit amount, the administrator must provide "the data, and a description of the method, used to calculate the amount" within 30 days of your request, either by letting you examine it or by giving you a written copy without charge, whichever the administrator chooses (EPPR s 43(1) and (2)). This is an Alberta right. For a federally regulated plan, ask the administrator for the calculation directly.

LAPP, PSPP and SFPP go further: their public websites must post the plan text and amendments, the Sponsor Board's rules, the current bylaws, and the most recent annual report with audited financial statements plus the reports for the previous five years (JGPSPPA Sched 1 s 41(1)(d) to (g); Sched 2 s 41(1); Sched 3 s 40(1)). Check there before you write.

Federally regulated plans (PBSA s 28(1)(c); PBSR s 23.1)

You can examine, and order copies of, the documents the administrator files with OSFI:

• the plan and every document that creates or supports the plan or the pension fund (PBSA s 10(1));
• every amendment (s 10.1(1));
• the annual information return, actuarial reports and financial statements (s 12);
• the statement of investment policies and procedures, and for negotiated contribution plans, the funding and governance policies (PBSR s 23.1).

What arrives without asking, and when

These statements run on a legal clock. In Alberta they are provided without charge (EPPA s 37(1)). If a deadline passes, a polite written reminder citing the section usually gets things moving.

Most federal deadlines can be stretched where the Superintendent permits a longer period (PBSA s 28(1)(b), (d), (e) and (2.1)). The federal annual statement is richer than many members realize. It must show your credited service and contributions; for a defined benefit plan, your accrued pension and the plan's solvency position, and if the solvency ratio is below one, how much your benefit would be reduced if the plan were wound up at that ratio; plus the 10 largest asset holdings and the target asset mix (PBSR s 23(1)(d), (i) to (m), (q) and (r)).

Changing employers? The termination statement is the one to read closely. Trevor's Know thy pension reel series covers it on camera; watch "Changing employers and your pension" on the Videos page or on Instagram.

What it costs, how long they have

Alberta

• Free by default. The administrator chooses: let you examine the documents without charge, or give you a copy without charge (EPPA s 37(2)).
• Copies on request. If you were offered inspection but want a copy, ask in writing. You get it within 30 days, for no more than the reasonable cost of making it (EPPA s 37(3); EPPR s 46(3)).
• Where you inspect. A place you both agree on; otherwise, if you ask, the administrator's office nearest your home (EPPR s 46(2)).
• How often. Unless the Superintendent directs otherwise, the administrator need not repeat an item it already gave you on request within the previous 12 months (EPPA s 37(5)).
• Electronic delivery is permitted under the Electronic Transactions Act (EPPR s 156.1(1)).

Federal

• Once each plan year you can examine the filed documents at the administrator's Canadian head office or another agreed place (PBSA s 28(1)(c)).
• Copies are ordered in writing, for a reasonable fee the administrator sets (s 28(1)(c)(ii) and 28(3)).
• Timing: the administrator must act "forthwith" (s 28(3)). There is no fixed day count, but it means promptly.

Who else can ask

• Alberta: members (active, deferred and retired); on a member's death, whichever of the surviving pension partner or the designated beneficiary is entitled to the benefit, or otherwise the estate's personal representative; employees who are, or are about to be, eligible to join (EPPA s 37(1)). The joint annuitant and a non-member pension partner are also prescribed persons (EPPR s 45).
• Federal: members, former members, anyone else entitled to benefits, and their spouses or common-law partners, "personally or by an agent or mandatary authorized in writing" (PBSA s 28(1)(c)).
• Acting through someone else in Alberta: the EPPA text does not spell out a right to use an agent. A signed written authorization is still the sensible route if someone is helping you.
• Unions and participating employers in Alberta can also get copies of prescribed records in writing, at reasonable cost (EPPA s 37(4)).

A request letter you can adapt

Write to the plan administrator, not your manager. The administrator's name and address are on your annual statement. Keep a copy of what you send and note the date; the written request starts the clock. Delete the bracketed choices that don't apply to your plan.

Subject: Request for pension plan documents

To: [Plan administrator name and address, from your annual statement]

Date: [date]

I am a [an active / a deferred / a retired] member of the [plan name], registration number [number from your annual statement], member ID [your ID].

[Alberta plans] Under section 37 of the Employment Pension Plans Act and section 46 of the Employment Pension Plans Regulation, I request the following:
[Federally regulated plans] Under paragraph 28(1)(c) of the Pension Benefits Standards Act, 1985, I request copies of the following:

1. The plan text document, including all amendments, as it read on [a date when I was an active member], and any later amendments that affect my benefits. [Federally regulated plans: the plan and every amendment filed with the Superintendent.]
2. [Alberta plans] The plan summary (member booklet) as it read on [a date when I was an active member].
3. The most recent actuarial valuation reports and cost certificates.
4. The most recent audited financial statements and annual information returns.
5. The statement of investment policies and procedures. [Alberta plans, and federal negotiated contribution plans] The funding policy and the governance policy.
6. [Alberta plans] Under section 43 of the Employment Pension Plans Regulation, the data and a description of the method used to calculate the benefit amount shown on my [year] statement.

I would prefer [electronic copies to the email below / paper copies mailed to the address below]. [Alberta plans] If you choose to offer an examination instead, please treat this letter as my written request for copies under section 37(3) of the Act. If a fee applies to any item, please tell me the amount before you proceed.

Please confirm that you have received this request.

[Your name]
[Mailing address]
[Email and phone]
[Signature]

Ask only for what you need. A focused request, such as the plan text plus the calculation data behind one statement, is often faster than the full list.

How to escalate, in order

1. Ask again in writing, citing the sectionName the Act and section from this page. A written request is what starts the 30-day clocks in Alberta (EPPR s 43 and s 46(3)) and the "forthwith" duty federally (PBSA s 28(3)).
2. Use the plan's own review processThe Acts we reviewed do not require one, but many plans have a review or appeal step. Check your plan booklet or plan text.
3. Contact the pension regulatorFor Alberta-registered plans, including LAPP, PSPP and SFPP (JGPSPPA Sched 1 s 33(3)(b); Sched 2 s 33(3)(b); Sched 3 s 31(3)(b)), that is the Superintendent of Pensions. For federally regulated plans it is OSFI. Check the regulator's website for its current contact route.
4. Get legal adviceThe administrator's fiduciary duties are enforceable (EPPA s 35; PBSA s 8), and members have causes of action. A lawyer can advise on your options.

What the regulator can do

• Alberta: where a plan is not run in line with the Act, the regulations or the plan documents, direct the administrator to stop and to take steps to fix it, including paying money (EPPA s 133(1)(d)); bring an action a member could bring (s 133(1)(e)); impose administrative penalties for failing to disclose information on time (s 136(1)(e)). Offences carry fines of up to $500,000 for a corporation or administrator and $100,000 for an individual (s 143(2)).
• Federal: OSFI can issue directions where a plan is not run in line with the Act, regulations or plan (PBSA s 11(2)), seek Federal Court compliance orders (s 33.1), and bring any action a member could bring (s 33.2(1)).
• A note on the Alberta Tribunal: the reconsideration and tribunal route in EPPA ss 145 to 148 is for people served with a Superintendent decision, usually administrators. It is not a member's appeal of an administrator's decision.

Your own personal information is a separate matter. Privacy law may give you another route to records about you; that sits outside pension law and outside this page.

Common questions

Is my pension department reading the pension Act or its own manual?

Both, in a sense. The Act and regulation set the minimum standards, the registered plan text sets out your actual benefit, and the administrator applies the plan text using its own working procedures. The law requires the administrator to follow the Act, the regulations and the plan documents.

Why can't they just give me their internal manual?

An internal procedures manual is not on any list of documents the law makes an administrator hand over. The documents that bind the plan are on those lists: the plan text, its amendments, filed reports and key policies. In Alberta you can also ask for the data and the method used to calculate a benefit amount on your statement, within 30 days and at no charge.

Can I get a copy of my pension plan text?

Yes. In Alberta the plan text and its amendments are prescribed information: the administrator either lets you examine them or gives you a copy, without charge, and if you are offered an examination you can ask in writing for a copy at reasonable cost. Members of federally regulated plans can examine the filed plan documents once each plan year and order copies in writing for a reasonable fee.

Can my spouse or beneficiary ask for pension information?

Often, yes. In Alberta, after a member dies, whichever of the surviving pension partner or the designated beneficiary is entitled to the benefit can ask, or otherwise the estate's personal representative; a non-member pension partner and a joint annuitant are also prescribed persons. Federally, spouses and common-law partners of members and former members can ask, and a member can act through an agent authorized in writing.

What can I do if the administrator will not give me the documents?

Put the request in writing and cite the section, use any review process your plan booklet describes, then contact the pension regulator: the Superintendent of Pensions for Alberta-registered plans, or OSFI for federally regulated plans. A lawyer can advise on court options.