Osler Makes Submission On Draft Pension Regulations

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Osler, Hoskin & Harcourt LLP

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Osler made a submission to the Ontario Ministry of Finance in response to its draft regulations regarding grow-in benefits and the Superintendent's authority to order a pension plan wind up.
Canada Employment and HR

Osler made a submission to the Ontario Ministry of Finance in response to its draft regulations regarding grow-in benefits and the Superintendent's authority to order a pension plan wind up

We understand that the draft regulations were intended to address the following issues:

  • specific circumstances in which an employer-initiated termination of employment would, and would not, be considered an "activating event" that triggers grow-in benefits;
  • requirements to be met by sponsors of jointly sponsored pension plans and administrators of multi-employer pension plans in order to elect to opt out of providing grow-in benefits; and
  • additional circumstances in which the Superintendent may order the wind up of a pension plan.

For further discussion of the draft regulations (and the related discussion paper), see our  prior blog post.

Briefly, our recommendations may be summarized as follows:

  • adding exemptions to the grow-in provision, which mirror the exemptions from notice of termination and termination pay in the regulations under the Ontario Employment Standards Act, 2000;
  • clarifying the rules governing grow-in benefits in the context of internal reorganizations and international transfers;
  • providing greater flexibility with respect to the timing of elections to opt out of grow-in benefits (or rescinding such opt outs), allowing such elections to be done on a class by class basis and clarifying the effective date of employment terminations that will be used to determine entitlement to any grow-in benefits; 
  • placing certain restrictions on the Superintendent's expanded authority to order a pension plan wind-up; and
  • clarifying that a wind-up could be ordered if, among other requirements, members are no longer eligible to receive ancillary benefits.

As a member of Osler's Knowledge Management team, Lesha Van Der Bij facilitates Osler's efficient, effective and timely delivery of cutting-edge legal advice to clients by ensuring that the Pensions & Benefits and Labour & Employment Departments' legal, intellectual and practical expertise is captured and readily accessible by all legal professionals.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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