DEPARTMENT OF LABOUR AND IMMIGRATION
PENSION
COMMISSION UPDATE NO. 14
This update has no legal authority. The Pension
Benefits Act of Manitoba and The Pension benefits Regulation, 188/87 R
amended should be used to determine specific requirements.
Revised November 2000
INVESTMENT REGULATIONS - ADOPTION OF "PRUDENT
PERSON" APPROACH
Reference: The Pension Benefits Act Sections
26(1)(b) and Regulations Section 16(2) and 16(3)
Effective December 9, 1994 section 16(2) of the Regulation under
The Pensions Benefit Act, pertaining to the investment and loan of
pension assets, has been amended to refer to sections 6 to 7.2 and
Schedule III of the Pension Benefit Standards Act Regulations, 1985.
The Regulation now reads:
16(2) Subject to subsection (3), the funds of a pension plan may
be invested and loaned only in accordance with sections 6 to 7.2 and
Schedule III of the Pension Benefits Standards Regulation, 1985
(Canada).
16(3) Notwithstanding the reference in section 7.1 (establishing
written statement of investment policies and procedures) of the
Pension Benefits Standards Regulation, 1985 (Canada), to July 1,
1994, that provision shall be complied with before the later of
January 1, 1996 and the day on which a pension plan is registered.
Please note, the deadline for having a written statement of
investment policies and procedures in place for existing plans is
January 1, 1996.
In applying these regulations, please note that reference made in
the Pension Benefits Standards Regulation, 1986 (Regulation) to the
Federal Government's Superintendent is deemed to be a reference to the
Superintendent of Pension for Manitoba.
Investments
6. Every plan shall provide that the moneys of a
pension fund are to be
(a) invested in accordance
with Schedule III; and
(b) invested
(i) in a name that clearly indicates that the
investment is held in trust for the plan, and where the investment is capable of being registered it
shall be registered in that name,
(ii) in the name of a bank, trust company, other financial
institution or a nominee thereof, pursuant to an agreement that clearly indicates
that the investment is held in trust for the plan, or
(iii) in the name of The Canadian Depository for Securities
Limited of a nominee thereof.
7. The administrator of a plan shall
maintain a current record that clearly identifies every investment
held on behalf of the plan, the name in
which the investment is made and, where appropriate, the name in which
the investment is registered.
7.1 (1) The administrator of a
plan shall, before the later of July 1, 1994 and the day on which the
plan is registered,
establish, on behalf of the plan, a written statement of investment
policies and procedures in respect of the plan's
portfolio of investments and loans, including
(a) categories of investments and loans,
including derivatives, options and futures,
(b) diversification of the investment portfolio,
(c) asset mix and rate of return expectations,
(d) liquidity of investments,
(e) the lending of cash or securities,
(f) the retention or delegation of voting rights acquired
through plan investments,
(g) the method of, and basis for, the valuation of investments
that are not regularly traded at a public exchange, and
(h) related party transactions permitted under section 17 of
Schedule III and the criteria to be used to establish whether a transaction is nominal or
immaterial to the plan, having regard to all factors that may affect
the funding and solvency of the plan and
the ability of the plan to meet its financial obligations.
(2) The statement of investment policies and procedures referred
in the subsection and the relationship of those factors to those policies and
procedures.
(3) The administrator of a plan shall submit the statement of
investment policies and procedures referred to in subsection (1)
(a) where the administrator is not a pension
committee, to any pension committee that has been established, within 60 days after the later of
(i) the day on
which the statement is established, and
(ii) the day on which the pension
committee is established; and
(b) where a plan is a defined benefit plan, to
the actuary to the plan on or before the day that is the later of
(i) 60 days after the day on
which the statement is established, and
(ii) the day on which the actuary is
appointed
7.2 (1) The administrator of a plan
shall review and confirm or amend the statement of investment policies
and procedures referred to in subsection 7.1(1) at least once each
plan year.
(2) A
copy of all amendments to the statement of investment policies and
procedures shall be submitted,
within 60 days after the statement is amended,
(a)
where the administrator is not a pension committee, to any pension
committee that has been
established; and
(b)
where the plan is a defined benefit plan, to the actuary to the plan.
Schedule III (Section 6) - Permitted Investments
Interpretation
1. In this Schedule,
"child", in respect of a
person, means
(a) the natural or adopted child of the
person,
(b) the natural or adopted child of the
person's spouse, or
(c) the spouse of a natural or adopted child
of the person; (enfant)
"debt obligation" means a bond, debenture,
note or other evidence of indebtedness of an entity; (titre de créance)
"entity" means
(a) a corporation, trust, partnership or
fund or an unincorporated association or organization, or
(b) Her Majesty in right of Canada or of a
province or the government of a foreign country or of a political subdivision of
a foreign country, or an agency thereof; (entité)
"investment corporation", in respect
of a plan, means a corporation that
(a) is limited in its investments to those
that are authorized for the plan under this Schedule,
(b) holds at least 98 per cent of its assets
in cash, investments and loans,
(c) does not issue debt obligations,
(d) obtains at least 98 per cent of its
income from investments and loans, and
(e) does not lend any of its assets to, or
invest any of its moneys in, a related party of the plan; (société
de placement)
"loan" includes a deposit, financial
lease, conditional sales contract, repurchase agreement and any other
similar arrangement for obtaining money or credit, but does not
include investments in securities or the making of an acceptance,
endorsement or other guarantee; (prêt)
"market terms and conditions", in respect of
a transaction, means terms and conditions, including those relating to
price, rent or interest rate, that would apply to a similar
transaction in an open market under conditions requisite to a fair
transaction between parties who are at arm's length and acting
prudently, knowledgeably and willingly; (conditions du marché)
"person" includes an entity; (personne)
"public exchange" means
(a) the Alberta Stock Exchange
(b) the Montreal Stock Exchange
(c) the Toronto Stock Exchange
(d) the Vancouver Stock Exchange
(e) the Winnipeg Stock Exchange
(f) in France, the Stock Exchange (Paris)
(g) in the United Kingdom, The Stock Exchange (London),
and
(h) in the United States,
(i) the American Stock Exchange
(j) the Boston Stock Exchange
(k) the Chicago Board of Trade
(l) the Cincinnati Stock Exchange
(m) the Detroit Stock Exchange
(n) the Midwest Stock Exchange
(o) the National Association of
Securities Dealers Automated Quotation System
(p) the National Stock Exchange
(q) the New York Stock Exchange
(r) the Pacific Coast Stock
Exchange
(s) the Philadelphia-Baltimore-Washington Stock
Exchange
(t) the Pittsburgh Stock Exchange
(u) the Salt Lake Stock Exchange, or
(v) the Spokane Stock Exchange;
(bourse)
"real estate corporation" means a
corporation incorporated to acquire, hold, maintain, improve, lease or
manage real property other than real property that yields petroleum or
natural gas; (société immobilière)
"real property" includes a leasehold
interest in real property; (biens immeubles)
"related party", in respect of a plan, means
a person who is
(a) the administrator of the plan or who
is a member of a pension committee, board of trustees or other body that is
the administrator of the plan,
(b) an officer, director or employee of the
administrator of the plan,
(c) a person responsible for holding or
investing the assets of the plan, or any officer, director or employee thereof,
(d) an association or union representing
employees of the employer, or an officer or employee thereof,
(e) an employer who participates in the plan,
or an employee, officer or director thereof,
(f) a member of the plan,
(g) where the employer is a corporation, a
person who directly or indirectly holds, or together with the spouse or a
child of the person holds, more than 10% of the voting shares carrying
more than 10% of the voting
rights attached to all voting securities of the corporation,
(h) the spouse or a child of any person
referred to in any of paragraphs (a) to (g),
(i) where the employer is a
corporation, an affiliate of the employer,
(j) a corporation that is directly or
indirectly controlled by a person referred to in any of paragraphs (a)
to (h)
(k) an entity in which a person referred to
in paragraph (a), (b), (e) or (g), or the spouse or a child of such a person,
has a substantial investment, or
(l) an entity that holds a substantial
investment in the employer,
but does not include Her Majesty in right of Canada or of a
province, or an agency thereof, or a bank, trust company or other
financial institution that holds the assets of the plan, where that
person is not the administrator of the plan; (apparenté)
"resource corporation" means a corporation
that has, at all times since the date on which it was incorporated,
(a) limited its activities to acquiring,
holding, exploring, developing, maintaining, improving, managing, operating or
disposing of Canadian resource properties,
(b) restricted its investments and loans,
other than investments in Canadian resource properties or property to be used in
connection with Canadian resource properties owned by it and loans
secured by Canadian resource
properties to persons resident in Canada for the exploration or
development of such properties, to
investments and loans authorized for a plan under this Schedule, and
(c) not borrowed money other than for the
purpose of earning income from Canadian resource properties;
(société minière)
"security" means
(a) in respect of a corporation, a share
of any class of shares of the corporation or a debt obligation of the corporation,
and includes a warrant of the corporation, but does not include a
deposit with a financial institution or
an instrument evidencing such a deposit, and
(b) in respect of any other entity, any
ownership interest in or debt obligation of the entity; (titre ou
valeur
mobilière)
"transaction" includes
(a) the
making of an investment in securities,
(b) the taking of an
assignment of, or otherwise acquiring, a loan made by a third party,
(c) the taking of a
security interest in securities, and
(d) any modification,
renewal or extension of a prior transaction,
but does not include a payment of pension benefits or other
benefits, a transfer of pension benefit credits or a withdrawal of
contributions from a plan; (opération)
"voting share" means a share of any
class of shares of a corporation that carries voting rights under all
circumstances, by reason of an event that has occurred and is
continuing or by reason of a condition that has been fulfilled.
(action avec droit de vote)
2. For the purposes of this Schedule, the making,
holding or acquiring of an investment indirectly by an administrator on behalf of a plan, the
holding, acquiring or owning of property indirectly by an
administrator on behalf of a plan or the lending of
money indirectly by an administrator on behalf of a plan includes the holding, making, acquiring,
owning or lending of an investment, a property or money, as the case
may be, by
(a) a real
estate corporation, resource corporation or investment corporation in
which the moneys of the
plan have been invested in accordance with section 12, 13 or 14;
(b) a real estate
corporation, resource corporation of investment corporation of which a
corporation
referred to in paragraph (a) holds securities to which are attached
more than 30 per cent of the votes that may be cast to elect the directors of the real estate
corporation, resource corporation or
investment corporation; or
(c) a mutual or
pooled fund or trust fund in which the moneys of the plan have been
invested.
3. (1) For the purposes of this Schedule,
(a) a person
or plan controls a corporation if securities of the corporation to
which are attached more than 50 per cent of the votes that may be cast to elect the directors
of the corporation are beneficially
owned by the person or plan and the votes attached to those securities
are sufficient, if exercised, to
elect a majority of the directors of the corporation;
(b) a person or plan
controls an unincorporated entity, other than a limited partnership,
if more than 50
per cent of the ownership interests into which the unincorporated
entity is divided are beneficially
owned by the person or plan and the person or plan is able to direct
the business and affairs of the
unincorporated entity;
(c) the general
partner of limited partnership controls the limited partnership; and
(d) a trustee of a
trust controls the trust.
(2) For the
purposes of this Schedule, a person or plan who controls an entity
controls any other entity
that is controlled by the entity.
4. For the purposes of this Schedule, a
corporation is a subsidiary of another corporation if it is controlled
by the other corporation.
5. For the purposes of this Schedule, one entity
is affiliated with another entity if the entity is controlled by the other entity or if both entities are
controlled by the same person.
6. For the purposes of this Schedule, a person or
plan has a substantial investment in
(a) an
unincorporated entity if the person, the plan or an entity controlled
by the person or plan
beneficially owns more than 25 per cent of the ownership interests in
the unincorporated entity; and
(b) a corporation if
(i) the voting rights attached to voting shares of the
corporation that are beneficially owned by the
person or plan, or by an entity controlled by the person or plan,
exceed 10 per cent of the voting
rights attached to all of the outstanding voting shares of the
corporation, or
(ii) shares of the corporation that are beneficially owned by the
person or plan, or by an entity controlled by the person or plan, represent ownership of more than 25
per cent of the
shareholders' equity of the corporation.
7. For the purposes of this Schedule, a person or
plan is associated with
(a) a
corporation that the person or plan controls and every affiliate of
every such corporation;
(b) a person who
controls the person or plan;
(c) a partner who has
a substantial investment in a partnership in which the person or plan
has a
substantial investment;
(d) a trust or estate
in which the person or plan has a substantial investment or for which
the person or
plan serves as trustee or in a similar capacity to a trustee;
(e) the spouse of the
person; and
(f) a brother, sister
or child or other descendant of the person, or the spouse thereof.
Application
8. This Schedule does not apply in respect of
(a) an
insured plan or a plan in respect of which all benefits are provided
through an annuity contract
issued by the Government of Canada; or
(b) investments held
in an unallocated general fund of a person authorized to carry on a
life insurance
business in Canada.
9. (1) The administrator of a plan shall
not directly or indirectly lend moneys of the plan equal to more than
10 per cent of the total book value of the plan's assets to, or invest
moneys equal to more than 10 per
cent of the total book value of the plan's assets in,
(a) any one
person;
(b) two or more
associated person; or
(c) two or more
affiliated corporations.
(2)
Subsection (1) does not apply in respect of moneys of a plan held by a
bank, trust company or other
financial institution to the extent that the moneys are fully insured
by the Canada Deposit Insurance
Corporation, by the Canadian Life and Health Insurance Compensation
Corporation or by any similar
provincial body established for the purpose of providing insurance
against loss of deposits with trust
companies or other financial institutions.
(3)
Subsection (1) does not apply in respect of investments in
(a) a
segregated fund or mutual or pooled fund that complies with the
requirements applicable to a plan
that are set out in this Schedule;
(b) an unallocated
general fund of a person authorized to carry on a life insurance
business in Canada;
(c) an investment
corporation, real estate corporation or resource corporation:
(d) securities issued
or fully guaranteed by the Government of Canada, the government of a
province, or
an agency thereof;
(e) a fund composed
of mortgage-backed securities that are fully guaranteed by the
Government of
Canada, the government of a province, or an agency thereof; or
(f) a fund that
replicates the composition of a widely recognized index of a broad
class of securities
traded at a public exchange.
10. (1) The administrator of a plan shall not,
directly or indirectly, invest moneys of the plan in real property
or Canadian resource properties if, at the time the investment is
made,
(a) the book
value of the investment in any one parcel of real property or Canadian
resource property
exceeds 5 per cent of the book value of the plan's assets;
(b) the aggregate
book value of all investments in Canadian resource properties exceeds
15 per cent of
the book value of the plan's assets; or
(c) the aggregate
book value of all investments in real property and Canadian resource
properties
exceeds 25 per cent of the book value of the plan's assets.
(2) where
real property is subdivided into two or more parcels and the
beneficial ownership of the real
property remains the same, or where a person directly or indirectly
acquires two or more parcels for
consolidation, the real property shall be treated as one parcel for
the purposes of the investment
limits set out in this section.
11. (1) Subject to subsection (2), the
administrator of a plan shall not, directly or indirectly, invest the
moneys
of the plan in the securities of a corporation to which are attached
more than 30 per cent of the votes
that may be cast to elect the directors of the corporation.
(2)
Subsection (1) does not apply in respect of investments in securities
of
(a) a real
estate corporation;
(b) a resource
corporation, or
(c) an investment
corporation.
12. (1) The administrator of a plan shall not,
directly or indirectly, invest the moneys of the plan in the
securities of a real estate corporation to which are attached more
than 30 per cent of the votes that
may be cast to elect the directors of the corporation, unless the
administrator first obtains and
deposits with the Superintendent an undertaking by the corporation
that, while those securities are
held, the corporation will
(a) file
with the Superintendent, at such intervals or times as the
Superintendent directs,
(i) copies of its annual financial statements,
(ii) copies of its audited financial statements in respect
of fiscal years ending after December 31,
1994,
(iii) a list clearly identifying the assets of the
corporation and the market value of each asset,
(iv) a list of the names of its officers, directors and
shareholders, and
(v) a certificate stating that the corporation is
complying with its undertaking;
(b) permit
the Superintendent or an authorized member of the Superintendent's
staff to visit its head office and to examine its books and records;
(c) limit its
activities to acquiring, holding, maintaining, improving, leasing or
managing real property other
than real property that yields petroleum or natural gas;
(d) not carry on the
activities referred to in paragraph (c) in respect of any real
property that is not owned by, or on behalf of, or mortgaged to,
(i) the plan,
(ii) the corporation,
(iii) any other real estate corporation in which
securities to which are attached more than 30 per
cent of the votes that may be cast to elect the directors of that
corporation have been invested
in by, or on behalf of, the plan pursuant to this subsection, or
(iv) any other real estate corporation in which securities
to which are attached more than 30 per
cent of the votes that may be cast to elect the directors of the
corporation are owned by the
corporation or by a real estate corporation referred to in
subparagraph(iii);
(e) procure,
at the request of the Superintendent and at its own expense, an
appraisal by one or more
accredited appraisers of any parcel of real property owned by it or on
its behalf;
(f) not lend any of
its assets to, or invest any of its moneys in, a related party of the
plan;
(g) restrict its
investments and loans, other than investments in real property or in
the securities of other
real estate corporations, to those authorized for the plan under this
Schedule; and
(h) not invest, or
hold an investment, in securities of any other real estate corporation
to which are
attached more than 30 per cent of the votes that may be cast to elect
the directors of that corporation,
unless the corporation first obtains and deposits with the
Superintendent an undertaking by the other
real estate corporation not to invest, or hold an investment, in the
securities of any other real estate
corporation.
(2) A list
of assets referred to in subparagraph (1)(a)(iii)
(a) shall
not include any asset, other than an asset referred to in paragraph
(1)(g), that is not authorized
under this Schedule; and
(b) shall value any
securities that are included in the assets of the corporation at a
value not exceeding the
market value thereof.
(3) Any
financial statement of a plan filed pursuant to subsection 12(3) of
the Act shall value the
common shares of the real estate corporation held by, or on behalf of,
the plan at a value not greater
than the amount obtained by multiplying
(a) an
amount equal to the total assets of the corporation less the sum of
its total liabilities and its
preferred capital stock by
(b) the number of
common shares of the corporation held by, or on behalf of, the plan
divided by the
total number of the issued and outstanding common shares of the
corporation.
13. (1) The administrator of a plan shall not,
directly or indirectly, invest the moneys of the plan in the
securities of a resource corporation to which are attached more than
30 per cent of the votes that may be cast to elect the directors of the corporation, unless the
administrator first obtains and deposits
with the Superintendent an undertaking by the corporation that, while
those securities are held, the
corporation will
(a) file
with the Superintendent, at such intervals or times as the
Superintendent directs,
(i) copies of its annual financial statements,
(ii) copies of its audited financial statements in respect
of fiscal years ending after December 31,
1994,
(iii) a list clearly identifying the assets of the
corporation and the market value of each asset,
(iv) a list of the names of its officers, directors and
shareholders, and
(v) a certificate stating that the corporation is
complying with its undertaking;
(b) permit
the Superintendent of an authorized member of the Superintendent's
staff to visit its head
office and to examine its books and records;
(c) limit its
activities to acquiring, holding, exploring, developing, maintaining,
improving, managing,
operating or disposing of Canadian resource properties;
(d) not carry on the
activities referred to in paragraph (c) in respect of any Canadian
resource property
that is not owned by, or on behalf of,
(i) the plan,
(ii) the corporation,
(iii) any other resource corporation in which securities
to which are attached more than 30 per cent
of the votes that may be cast to elect the directors of that
corporation have been invested in by,
or on behalf of, the plan pursuant to this subsection, or
(iv) any other resource corporation in which securities to
which are attached more than 30 per cent
of the votes that may be cast to elect the directors of that
corporation are owned by the
corporation or by a resource corporation referred to in subparagraph
(iii);
(e) procure,
at the request of the Superintendent and at its own expense, an
appraisal by one or more
accredited appraisers of any Canadian resource property owned by it;
(f) not lend
any of its assets to, or invest any of its moneys in, a related party
of the plan;
(g) restrict its
investments and loans, other than investments in Canadian resource
property or properties
to be used in connection with Canadian resource properties owned by
it, loans secured by Canadian
resource properties to persons resident in Canada for the exploration
or development of such
properties and investments in the securities of other resource
corporations, to investments and loans
authorized for the plan under this Schedule;
(h) not borrow money
other than for the purpose of earning income from Canadian resource
properties;
and
(i) not invest, or
hold an investment, in securities of any other resource corporation to
which are attached
more than 30 per cent of the votes that may be cast to elect the
directors of that corporation, unless
the corporation first obtains and deposits with the Superintendent an
undertaking by the other resource
corporation not to invest, or hold an investment, in the securities of
any other resource corporation.
(2) A list
of assets referred to in subparagraph (1)(a)(iii)
(a) shall
not include any asset, other than an asset referred to in paragraph
(1)(g), that is not authorized
under this Schedule; and
(b) shall value any
securities that are included in the assets of the corporation at a
value not exceeding the
market value.
(3) Any
financial statement of the plan filed pursuant to subsection 12(3) of
the Act shall value the
common shares of the resource corporation held by, or on behalf of,
the plan at a value not greater
than the amount obtained by multiplying
(a) an
amount equal to the total assets of the corporation set out in the
balance sheet less the sum of its
liabilities and its preferred capital stock by
(b) the number of
common shares of the corporation held by, or on behalf of, the plan
divided by the
total number of the issued and outstanding common shares of the
corporation.
14. The administrator of a plan shall not,
directly or indirectly, invest the moneys of the plan in the
securities of an investment
corporation to which are attached more than 30 per cent of the votes
that may be cast to elect the
directors of the corporation, unless the administrator first obtains
and deposits with the Superintendent an
undertaking by the corporation that, while those securities are held,
the corporation will
(a) file
with the Superintendent, at such intervals or times as the
Superintendent directs,
(i) copies of its annual financial statements,
(ii) copies of its audited financial statements in respect
of fiscal years ending after December 31,
1994,
(iii) a list clearly identifying the assets of the
corporation and the market value of each asset,
(iv) a list of the names of its officers, directors and
shareholders, and
(v) a certificate stating that the corporation is
complying with its undertaking;
(b) permit
the Superintendent or an authorized member of the Superintendent's
staff to visit its head
office and to examine its books and records;
(c) hold at least 98
per cent of its assets in cash, investments and loans;
(d) not issue debt
obligations;
(e) obtain at least
98 per cent of its income from investments and loans;
(f) not lend
any of its assets to, or invest any of its moneys in, a related party
of the plan; and
(g) not invest, or
hold an investment, in securities of any other investment corporation
if there are attached
to those securities more than 30 per cent of the votes that may be
cast to elect the directors of that
corporation, unless the corporation first obtains and deposits with
the Superintendent an undertaking
by the other investment corporation not to invest, or hold an
investment, in the securities of any other
investment corporation.
15. For the purposes of sections 16 and 17,
(a) where a
transaction is entered into by, or on behalf of, a plan with a person
who the administrator of
the plan, or any person acting on the administrator' behalf, knows
will become a related party to the
plan, the person shall be considered to be a related party of the plan
in respect of the transaction; and
(b) the fulfillment
of an obligation under the terms of any transaction, including the
payment of interest on
a loan or deposit, is part of the transaction and not a separate
transaction.
16. (1) Subject to sections 17 and 18, the
administrator of a plan shall not, directly or indirectly,
(a) lend the
moneys of the plan to a related party or invest those moneys in the
securities of a related
party; or
(b) enter into a
transaction with a related party on behalf of the plan.
(2) Subject
to sections 17 and 18, during the period of twelve months after the
day on which a person
ceases to be a related party of a plan, the administrator of the plan
shall not, directly or indirectly,
(a) lend the
moneys of the plan to that person or invest those moneys in the
securities of that person, or
(b) enter into a
transaction with that person on behalf of the plan.
17. (1) The administrator of a plan may enter
into a transaction with a related party on behalf of the plan if
(a) the
transaction is required for the operation or administration of the
plan; and
(b) the terms and
conditions of the transaction are not less favorable to the plan than
market terms and
conditions.
(2) The
administrator of a plan may invest the moneys of the plan in the
securities of a related party if
those securities are acquired at a public exchange.
(3) The
administrator of a plan may enter into a transaction with a related
party on behalf of the plan if
the value of the transaction is nominal or the transaction is
immaterial to the plan.
(4) For the
purposes of subsection (3), in assessing whether the value of a
transaction is nominal or
whether a transaction is immaterial, two or more transactions with the
same related party shall be
considered as single transaction.
General
18. Sections 9 to 16 do not apply in respect of
(a)
investments in a corporation that are held by, or on behalf of, a plan
as a result of an arrangement,
within the meaning of subsection 192(1) of the Canada Business
Corporations Act, for the
reorganization or liquidation of the corporation or for the
amalgamation of the corporation with
another corporation, if the investments are to be exchanged for shares
or debt obligations;
(b) assets that are
acquired by, or on behalf of, a plan through the realization of a
security interest held by, or on behalf of, the plan and that are held for a period not
exceeding two years from the day on
which the assets were acquired.
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