There are rules currently in the act that govern how surplus refunds can be made under a pension plan. It can be done either after the plan terminates or while the plan is ongoing. They can go two different ways. One way is to show that they have a clear entitlement to the surplus under the terms of the plan and based on the historical versions of the plan, and the other way is to go through a process where they have a proposal that two-thirds of members and two-thirds of retirees and other beneficiaries agree to the proposal. Also, as part of the legislation, before any surplus can be withdrawn from the plan, there is a mandatory cushion that needs to remain in the pension plan.
On April 29th, 2010. See this statement in context.