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• Wf^ 
 
 UNIVF'iSITF DE MONTREai 
 
 i * 
 
 
 li'^ 
 
 #. 
 
 ACT OF incorporation: 
 
 AND 
 
 BY-LAWS 
 
 -J^' 
 
 OF TUB 
 
 PENSION FUND SOCIETY, 
 
 or THK 
 
 •» 
 
 BANK OF MONTREAL. 
 
 {For distribution amongst the members.) 
 
 ■ I . ■ ' 
 
 "■ > . 
 
 MONTREAL : 
 PRINTED BY THE GAZETTE PRINTrNG COMPANY, 
 
 1886. 
 
 
 7 
 
 iUilAMiHiUA^UA^MM^MMk 
 
 'S 
 
% 
 
 ACT OF INCORPORATION 
 
 AND 
 
 BY-LAWS 
 
 OP THE 
 
 PENSION FUND SOCIETY, 
 
 OF THE 
 
 BANK OF MONTREAL. 
 
 {For dislribulicH amongst the members.) 
 
 iW 
 
 MONTREAL : 
 PRINTED BY THE GAZETTE PRINTING COMPANY. 
 
 1885. 
 


 ANNO QUADRA GESIMO OCTAVO. 
 
 VICTORIA BEGINS 
 
 An Act to incorporate the Pension Fund Society of the 
 
 Bank of Montreal. 
 
 {Assented to Ut May, 1885.] 
 
 WHEREAS the persons hereinafter named, employees of the 
 Bank of Montreal, have, by petition, set t'oi-th, that it is 
 desirable that the employees of the said Bank should be em- 
 powered, with the sanction of the said Bank, to make ethcient 
 arrangement for the payment of pensions to, and providing for 
 the support of the officers and employees of the Bank of Montreal, 
 members of the said association, incapacitated either through age 
 or infirmity, and upon the death of such officers and employees, 
 to pay annuities to their widows and minor children, and have 
 prayed that they and those hei-eafter associated with them in the 
 employ of the said Bank may be incorporated for that purpose, 
 by the name of the "Pension Fund Society of the Bank of Mon- 
 treal;" and whereas it is expedient to grant the prayer of the 
 said petition : Therefore, Her Majesty, by and with the advice 
 and consent of the Senae and House of Commons of Canada, 
 enacts as follows : — 
 
 1. 
 
 Wentworth J. Buchanan, Archibald Macnider, Edward S. 
 
Clouston, A. Brock Biichaiiiui, Konry V. Morodith, all of iho city 
 of Montivjil, Fie«loi'irlv <imi(liy, oft ho city ofOttuwu, Con.stuntiiio 
 Broiit^li, of tlio city of Toi-onio, mii'I all otliei- |)Ol'^soMS, cini)loyoe6) 
 of the Rank of Monlfoal, wlio may, l»y virtuoof this Act, rejdace 
 or 1)0 asHociatcd with tii em, shall he, and they are herehy con- 
 Btitutetl a ho(iy politic and corporate, iindoi' the name of "The 
 Pension Fiuitl Society of the Bank' of Montreal," and under that 
 name, by moans of voluntary contributions or otherwise, aw by 
 their by-laws shall be provided, may form, for the purpose afore- 
 said, a fund known as the Pension Fund, and may invest, hold, 
 and administer the same, and from and out ot the said fund, may 
 provide for the su[)p()rt and payment of pensions to otficej's and 
 employoes of the Bank of J\rontreal, incapacitated by age or 
 infirmity, and upon the death of such officers or employees, may 
 pay annuities to their widows and minor children, by meafis of 
 pensions, or in such other manner as by such by-laws may be 
 provided; and witjj the sanction, from time to time, of the bank, 
 may make such by-laws, not contrary to law, as may be deemed 
 advisable for the formation and maintenance of the said fund, 
 and for the management and distribution thereof generally, and 
 tor defining and regulating in any wise as to them may seem 
 meet, all manner of rights of the coi'poration or of the individual 
 members thereof, and of such officers and employees and widows 
 and orphans and of the Bank, in the premises, and the mo<le of 
 enforcement thereof, and for enforcing any description of con- 
 ditional penalty or foi-feiture in the premises which to them may 
 seem meet, and for the govej-nment and ordering of all business 
 and att'airs of the corporation ; and all such rights, penalties, 
 and forfeitures whatsoever in the promises, whether of the cor- 
 poration or of the individual members thereof, or of such officers 
 and employees, or of such widows and orphans, or of the Bank, 
 shall be such, and such only, and may be enforced in such mode, 
 and in such mode only, as by such by-laws shall be defined and 
 limited ; and with the like sanction trom time to time they may 
 amend and repeal such by-laws, observing always, however, to 
 that end, such formalities or other restrictions as by such by-laws 
 may have been provided; and generally they shall have all 
 necessary corporate powers for the purposes of this Act. 
 
2. The Huid corporation Hhall have power to receive and take 
 over all projieities, inonoyH, funds or assets of the Annuity and 
 (JuaiJintcc h'unds Society of the Bank of Montreal i-emainiut^ 
 after the liquidation, and winding up of llu^ said so«'ioly, and 
 may hold, invest, and administer the same, which shall l»e and 
 become pari of the funds, capital and assets of the said corpora- 
 tion, and shall have i)owor to arrani^e and contract with the 
 liquidators of the Annuity anl Guarantee Fund Society of the 
 Bank of Montreal to assume and undertake the discharge of the 
 indebtedness and obligations of the last mentioned society, oi'any 
 portion thereof 
 
 •{• All the revenues of the corporation, from whatever soin-ce 
 they may be dei'ived, shall be devoted exclusively to the main- 
 tenance of the coi'poration, and the furtherance of the objects 
 aforesaid of tlio saitl fund, and to no other purpose whatsoever. 
 
 4. The corporation shall have power to administer their affairs 
 by such and so many directors and other officers, and under such 
 restrictions touching their powers and duties as, by by-law in 
 that behalf, they, from time to time, ordain ; and they may 
 assign to any such officers such remuneration as they deem 
 requisite. 
 
 ♦>. The said Wentwortii James Buchanan, Archibald Macnider, 
 Edward S. Clouston, and A. Brock Buchanan shall be the tint 
 directors of the said corporation, and shall hold office until their 
 successors shall be appointed under by-laws to be made in that 
 behalf. 
 
 O. The said directors shall have power tocall the first meeting 
 of the society, at which meeting, or some adjournment thereof, 
 by-laws may be passed in accordance with the tirst and fourth 
 sections of this Act, and directors elected. 
 
 7* The corporation shall, at all times, when thereunto required 
 by the Governor or by either House of Parliament, make a full 
 return of their property, and of their receipts and expenditure, 
 for such period, and with such details and other information as 
 the Governor or either House of Parliament requires. 
 
An Act respecting the Annuity and Gaarantee Funds 
 Society of the Bank of Montreal. 
 
 [Amnted to Ut May, 1885.] 
 
 WHEREA.8 the Annuity and Cluarantee Funds Society of the 
 Bank of Montreal han, by its petitions, represented that 
 inasmuch as the .society is unable to maintain the rate at which 
 annuities are at present being paid, the annuities accruing to 
 future widows and orphans of deceased members must suffer 
 serious diminution and eventually cease, in consequence of the 
 increasing liabilities imposed upon the society by the accession of 
 new beneficiaries, notwithstanding the heavy additional rates of 
 contribution (hat have of late been levied upon such beneficiaries ; 
 and that the society is moreover unable efficiently to continue its 
 business, and that it is proposed, upon the said society being 
 liquidated and wound up, to hand over and transfer to the Pen- 
 sion Fund Society of the Bank of Montreal all the assets, funds and 
 property of the first mentioned society, the same to be and become 
 part of the funds, capital and assets of the said Pension Fund 
 Society subject to the provisions of this Act ; and that the mem- 
 bers of the first mentioned society have determined that it is for 
 their interest that the said society should be wound up and that 
 the funds of the said society should be so transferred and set over 
 to the said Pension Fund Society of the Bank of Montreal, and 
 for that purpose have appointed Went worth James Buchanan, 
 Archibald Macnider and Edward S. Clouston, all of the city of 
 Montreal, bankers, trustees and liquidators ; and that it is neces- 
 sary that some legislative provision should be made for the wind- 
 ing-up of the said first mentioned society ; and has prayed for 
 the passing of an Act for its relief; and whereas it is expedient 
 to grant the prayer of the said petition : Therefore Her Majesty, 
 by and with the advice and consent of the Senate and the House 
 of Commons of Canada, enacts as follows : 
 
 1. The said Wentworth James Buchanan, Archibald Macnider 
 and Edward S. Clouston shall be liquidators and trustees of the 
 
8 
 
 said Annuity and Gnaranteo Funds Society of the Bank of Mon- 
 treal, and as such shall liquidate ;vnd wind up the said society, 
 with the power to the said liijuidators and trustees in their joint 
 names to sue and be sued, and to realize, collect, and get in all 
 debts, assets and property due or owing to the said society, to 
 settle, compromise and arrange the same, and generally to make 
 such terms, conditi<ms and arrangements with the debtors and 
 creditors of the said society as they may see fit, for and in the 
 interests of the said society, and to compromise, arrange, and 
 settle all debts, claims and obligations of the said society in the 
 manner hereinafter provided. 
 
 2. All claims and demands upon and obligations of the said 
 Annuity and Guarantee Funds Societ}' of the Bank of Montreal 
 shall be by the said liquidators discharged, arranged, com- 
 promised, or settled, as follows : 
 
 (a.) The said liquidators shall fix and determine, with the 
 consent and concui'rence of all or any of the crcditoi'S or annui- 
 tants of the said society who may desire in such manner to 
 secure and realize their said claims or annuities against the said 
 society, a cash surrendered value of the said claims or annuities 
 and debt, and thereupon may pay over to the said creditor or 
 creditors the amount of the said cash sui-rendered value, and 
 maj' take and receive from such creditor or creditors, annuitant 
 or annuitants, a full and final discharge towards the said society ; 
 
 (6.) The liquidators shall, with the consent and concurrence 
 of all or any of the creditors or annuitants of the said society 
 who may desire in such manner to secure their claims or annui- 
 ties against the said society, ti-eat, negotiate and arrange with 
 the IN'Usion Fund .Society of the Bank of Montreal, to the end 
 that the said last mentioned society shall assume and under, 
 take, to the discharge of the said Annuity and Guarantee Funds 
 Society, the indebtedness and obligations of the said last men- 
 tioned society towards the said creditor or creditors, annuitant 
 or annuitants. 
 
 a. The said liquidators and trustees shall have power to trans- 
 fer and set over to the Pension Fund Society of the Bank of 
 Montreal any property, funds or assets of the said Annuity and 
 
(liuirantce Fiindu Society of the Eank of Montreal remaining in 
 their liandH aiter dischai'^'e, Hcttlenient and adjustment of all 
 claimH, liabilities and obligations of and demands upon the said 
 so(;iety, as hei-einbefore provided ; and the same shall be incorpo- 
 rated with and shall be and become part of the funds, capital and 
 UHsetH of the said Pension Fund Society of the said Hank of 
 Montreal. 
 
 4. Upon the full and complete ^^inding up and liquidation of 
 the said Annuity an<l Guarantee Funds Society of the Bank of 
 Montreal, and the Hnal accomplishment by the said liquidators o 
 their duties as liquidators, they shall publish a notice in the 
 Canada Gazette, which shall be inserted therein for four succes- 
 sive weeks, and shall mail notice thereof to each member of the 
 said society a<ldressed to his residence or last known place of 
 abode, setting forth the fact of such final and complete liquida- 
 tion of the attairs of the said society, and thereupon the franchises 
 and corporate existence of the said society shall cease. 
 
 Si. All the estate, real or personal property, assets and et!ects 
 of the said society shall be vested in the said liquidators. 
 
BY-LAWS. 
 
 Pension Fund Society, Bank of Montreal 
 
 1. Every person now or hereafter an e)))j)fo?/^' on the estab- 
 lishment of the Bank of Montreal (hereinafter styled the 
 Bank), whether at the Head Office thereof or at any of the 
 Branches oi- Agencies, shall bo a member of the Pension Fund 
 SouiETY of the Bank of Montreal (hereinafter called the 
 Society), shall continue to be such member so long as he shall 
 remain an employ^ on the establishment of the Bank, but no 
 longer. The word emploi/6 shall not be held to apply to or 
 include messengers or porters of the BnnU, but sluill include 
 all other officers or servants in the service of the Bank. 
 
 2. Special and general meetings of the Society 
 at any time, at such place and hour as tlie Board 
 (hereinalter called the Boaid), nuiy from time to 
 and such meetings shall be held to be sutihientl^ 
 circular to be addressed and mailed by the Seci 
 Society, to the Manager or Agent at each of the 
 Agencies of the Bank, at least 30 days before the 
 
 may be held 
 of Directors 
 
 time ordain, 
 ' called by a 
 ■etar}" of the 
 
 Branches oi' 
 date thereof. 
 
 3. The Circular calling a B]>ecial meeting shall specify the 
 special purpose for which it is called and no other business 
 than that for which such meeting is called shall bo transacted 
 thereat. The President shall, u])on the written requisition of 
 at least 50 members to that end made, call a special meeting 
 uf the Society ; the requisition shall set forth the purpose for 
 which the meeting is to be called. 
 
 4. At all meetings of the Society, members may attend and 
 vote by proxy, such proxy being himself also a member ; and 
 
12 
 
 the presence of twelve members, not countino^ proxies, shall 
 be requisite to form .*i f|U()rnm. The Board of Directors may 
 from time l<t time Hx the form and manner of attestation of 
 proxies. Every member, whether voting in person or by- 
 proxy, shall have one vote. 
 
 5. All moetings of the Society may be adjourned, by vote of 
 a quorum present, but not otherwise ; and if such adjoui'n- 
 inent be for a term of more than one week, notice shall be 
 given thereof in the interval by circular, as if for another 
 meeting, 
 
 6. The General Manager of the Bank, the Assistant General 
 Manager, the Inspector, the Senior Assistant Inspector, the 
 Manager at Montreal, the Manager at Toronto, the Manager 
 at Ottawa, the Manager at (Quebec, the Assistant Manager at 
 Montreal (if there be such officei", if not, the Accountant at 
 Montreal), the Accountant at Head Office, all for the time 
 being — and their successors in office — being members of the 
 Society, shall be the directors of the Society. 
 
 7. Meetings of the Board of Directors shall bo held when- 
 ever convened by the order of the President of the Society 
 or of any two directors, at such place and hour as from time 
 to time may be ordained ; and may be adjourned when neces- 
 sary. At least one week's writt jrn notice of all such meetings 
 shall be gi'.en by the Secietar^'^, to every director, and at all 
 meetings of the Board, three shall be a quorum. 
 
 8. The General Manager and the Assistant General Managei- 
 or fnspectoi' of the Bank of Montreal, shall h^i ex officio the 
 President and the Vice-Piesident respectively of said Societ3^ 
 The office of Diiector shall bo gratuitous. 
 
 9. The Corporate Seal of the Society shall be such as the 
 Board may fiom time to time ordain ; and shall be in the 
 official charge of the President. 
 
 10. At all meetings, whether of the Society or of the Board, 
 the President, oi' in his absence the Vice-President, or in 
 
18 
 
 le 
 in 
 
 default of both Preeidont und Vicc-Proisideut the Senior Direc- 
 tor present, hIiuU preside, and biiall have a vole and u casting 
 vote. 
 
 11. The Boaid shall from time to time name and appoint 
 fiom amongst the memboi s of the Society the Secretary and 
 Treasurer, and shall tix and determine the duties to be per- 
 foi-med by them and the remuneration to be paid tu them. 
 The offices of Secretary and Treasurer may at any time be 
 held by the same person. 
 
 12. The Board shall cause to be kept regular Account- 
 Books, shewing clearly all receipts ami payments on account 
 of all Funds of the Society, and the mode of the investment 
 thereof,— and also a full and eom))lete Minute-Book of their 
 proceedings; and the same shall bo open for the inspection of 
 all members of the Society, at such place and during such 
 reasonable office-hours as the Board may appoint ; and shall 
 further cause to be prepared, a printed statement of the affairs 
 of tho Society to bo made up to the :iUth June in each year, 
 and copies thereof distributed amongst the members as soon 
 thereafter as may be practicable or convenient. 
 
 13. Every member of the Society shall, for so long as he 
 shall so continue, pay to the said Pension Fund Society a 
 yearly contribution equal to 3 per cent, of his annual Bank 
 salary— the same to be deducted by the Bank from, the 
 monthly salary payable to said member, and paid into the 
 funds of the said Society; and in the case of managers, agents 
 or other employes occupying residences provided by the 
 Bank, a further yearly contribution of 3 per cent, upon the 
 fixed money value of such residences and other customary 
 allowances shall bo paid,— the said money value to be fixed 
 and determined by the directors of the Bank from time to 
 time. 
 
 U. Each membei'of the Society who has been in the unin- 
 terrupted service of tho Bank of Montreal for ten years and 
 upwards, and having attained the age of sixty years, or who 
 upon tho certificate of tho Bank's medical adviser, or of any 
 
IM 
 
 14 
 
 other physician approved by the Bank, is declared to be inca- 
 pacitated by inrirmity from properly performin.i,' his duties, 
 shall be entitled to be paid tioni and out of the funds 
 of said Society a pension oi- ^upeiannuation allowance of 
 l-50th of his salary at tlic date of sii|)erannuation for every 
 year of such service in (ho Bards up to, but not exceeding, 
 35-50th ot his salary at the date of such superannuation. 
 Provided always, that- such pension shall not in any case 
 exceed the sum of $5,0(10. Hut no member who has so attained 
 the age of sixty years shall be entitled to such pension ho long 
 as he continues in the service of the Bank. 
 
 15. No member of the Society shall be entitled to a pension 
 or superannuation allowance who has not been in the uninter- 
 rupted service of the Bank foi- ten years or upwards, nor shall 
 the widoAvs or minor children of such member be entitled to 
 any pension or snpeiannuation allowance. 
 
 It). Upoti the ileceasc of any member, being a pensioner at 
 the time of his death, and 'caving a Avidow and minor child 
 or children, then in that case the said Society shall pay to the 
 said Avidow half of the pension received and enjoyed by her 
 late husband ; the same shall accrue and be paid to her for so 
 long as she shall live and remain the widow of such member, 
 and no longer. And if at the time of the decease ov re- 
 marriage of such widow, thcie shall be living any minor 
 child or children of such member, the pension which the 
 said widow, prior to such decease or re-marriiige, received, 
 shall thereafter accrue and be paid for the sole use of such child 
 or children, and in equal shares for each, if there be more than 
 one, to his, her oi- their duly ap[)ointed tutor or guardian,— or, 
 in default of such, to any person whom the Board may name 
 or approve to that end, for so long as any shall I'cmain under 
 age and no longer, and the to(al amount not diminishing so 
 long as there shall retnain any such child under age. 
 
 lY. On the decease of any member leaving a minor child 
 or children, but no widow, then, and in (hat case, the said 
 Society shall pay to the said child or children half of the 
 

 c 
 
 16 
 
 pension received and enjoyed by their late father ; and the 
 said pension shall accrue and be paid for the sole use of 
 such child or children, and in equal shares for each if there 
 be more than one, to his, her or their duly appointed tutor 
 or guardian, — or, in default of t>uch, then to any person whom 
 the Board may name or approve to that end, for so long as 
 any shall remain under ago, and no longer — the total amount 
 not diminishing, so long a; there shall remain any such child 
 under age. 
 
 18. Upon the death of any membei' of the Society not a 
 pensioner, who has been in the uninterrupted seiviee of 
 the Bank for ten years and upwards, leaving a widow, minor 
 child or children, the Society shall pay to the said widow, so 
 long as she remains the widow of such member, but no 
 longer, a pension equal to the 100th part of the salary of said 
 member at the date of his death, lor every year of his service 
 in the Bank, up to but not exceeding 35-lOOtlis oi such salary at 
 date of death of the member ; and provided always, that such 
 pension shall not in any case exceed the sum of $2,500, and if 
 upon the death or re-marriage of such widow, there shall be 
 living any minor child or children of such member, such 
 pension shall thereafter accrue and be paid iov the sole use 
 of such child or children, and in equal shares for each if 
 there be more than one, to his, her or their duly appointed 
 tutor or guardian, — or, in default of such, then to any person 
 whom the Boai-d may name or approve to that end, — for so 
 long as any shall remain under ttge, and no longer; the total 
 amount not diminishing, so long as there shall remain any such 
 child under age. 
 
 19. Upon the death of any member of the Society not a pen- 
 sioner, who has been in the uninterrupted service of the Bank 
 for ten years, leaving no widow but leaving a minor child or 
 children, the said Society shall pay to the duly appointed tutor 
 or guardian of such child or children a pension, equal to the 
 100th part of the salary of said member at the date of his 
 death, for every year of the service of such member in the 
 Bank, up to but not exceeding 35-100th8 of his salary at the date 
 
^^ 
 
 \t 
 
 16 
 
 of hiH death ; piovidotl always that such pension shall not 
 oxcccd in any case $2,50(». And such pension shall thereafter 
 accrue and be paid lor the sole use of such child or children, 
 in equal shares for each of them if there be more than one, to 
 his, her or their duly appointed tutor or guardian, oi-, in 
 default of such, then to any person the Board may name and 
 approve to that end, for so long as any shall remain under age 
 and no l<»iiger— the total amount not diminishing so long as 
 there shall remain any such child under age. 
 
 20. Ev(>ry member or pensioner shall be bound within one 
 month from the date of his marriaye, or of the death of his 
 wife, to notify the Secretary in writing of such marriage or 
 death, and to fui-nish proof thereof to the satisfaction of the 
 i3oai-d ; and every member or pensioner shall be bound at any 
 time upon a demand on him by the .Secretary to that end 
 made to furnish proof to the satisfaction of the Board of the 
 number, names and ages of his minor children. 
 
 21. All pensions payable by the Society shall commence to 
 run from the date of sui)eranimiition or death of the member. 
 All pensions payable by the Society to pensioners shall be paid 
 to them on the last day of each month. All pensions payable 
 to widows or minor children shall be paid to such widows, 
 or to the tutor or guardian or other legal representative of said 
 minors, quarterly on the first day of January, April, July and 
 October of each year. For the purpose of establishing the 
 amount of the pension to be paid to said pensioners, widows 
 and minor children, no fraction of a year less than six months 
 shall be reckoned or taken into account, but if such fraction 
 of a year shall be or exceed six months it shall be deemed to 
 be and be reckoned a full year. 
 
 22. In the event of an cmployd leaving the service of the 
 Bank for any cause whatsoever, and thereby ceasing to be a 
 member of the Society, all payments or contributions by him 
 as a member, made (o the Society, shall be returned to him 
 without interest, deduction being made by the said Society of 
 any sum in which said member may be indebted to the Bank 
 or to said Society for any reason whatever. 
 
 ) 
 
II 
 
 ) 
 
 11 
 
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