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1
Pension and Employee Benefits - Recent Case Law Developments
A defined benefit pension plan sponsored by the Bank of Canada was the subject of an action by retired members, who claim the Bank wrongfully paid pension plan expenses from the pension fund.
Canada
 
16 Sep 2007
2
Pension Plan Expenses — What Can You Charge?
While it is true that, depending on the language of the governing plan documents, only certain pension plan expenses may be charged, a more fundamental difficulty has arisen as a result of recent court decisions. Can any expenses be charged against a pension fund?
Canada
 
30 Mar 2005
3
Allocating Risks & Responsibilities for Pension Plan Sponsors and Their Service Providers
One consequence of the ever-increasing volume of litigation in the pension area is a clear trend towards more formal documentation of plan sponsor and service provider relationships and, within that documentation, an increasing focus on limitation of liability.
Canada
 
30 Mar 2005
4
Class Actions & Retiree Benefits — New Risks?
Canadian employers have, for decades, used substantial employment benefits packages to attract and retain employees. These benefits packages often include a variety of post-employment benefits for retirees (including life insurance, prescription drug, supplementary health and dental benefits). For employers, one attractive feature of these retiree benefits is their low up-front costs
Canada
 
22 Mar 2005
5
Plan Mergers After The ING Case
In 2000, National Steel Car Limited (NSC) filed an application pursuant to section 81 of the Pension Benefits Act (Ontario) (the PBA) to transfer the assets of its pension plan for salaried employees (the Salaried Plan) to its pension plan for hourly-paid employees (the Hourly Plan). The Salaried Plan had a substantial surplus while the Hourly Plan had an unfunded liability. Following the transfer, the merged plan would still have a surplus and no solvency deficiency.
Canada
 
15 Mar 2005
6
Foreign Stock Option Plans and Québec Health Services Fund Contributions
Generally, the LRAMQ provides that every employer shall pay to the Minister of Revenue of Québec a contribution to the Québec health services fund based on a percentage of the total wages that the employer pays or is deemed to pay to its employees who report for work at the employer’s establishment in the province of Québec. The percentage payable varies according to the amount of the total wages, from a minimum of 2.7% to a maximum of 4.26%
Canada
15 Mar 2005
7
Regulatory Update & New Case Developments
There have been a number of recent decisions of the courts, as well as recent developments in legislation and regulatory policies, of particular significance in the pensions area.
Canada
 
9 Mar 2005
8
CSA Publish Guidelines on Retirement Benefits Disclosure
The Canadian Securities Administrators staff have issued Staff Notice 51 – 314 Retirement Benefits Disclosure providing guidelines for disclosure of retirement benefits. The Staff Notice indicates that a number of issuers are presently considering providing enhanced disclosure on retirement benefits payable to executives, which goes beyond that which is required under current securities law requirements.
Canada
 
28 Jan 2005
9
Pension Plan Expenses – Recent Developments
As most employers will know, administering a pension plan can be a costly undertaking. Costs arise as a result of many activities undertaken in connection with the operation of a pension plan, such as in respect of actuarial, trustee, auditor, legal and investment management services.

Recently, the treatment of pension plan and pension fund administrative costs has been the subject of controversy between plan members and plan administrators. This article will beg

Canada
6 Oct 2004
10
Model Pension Law Proposed For Canada
The Canadian Association of Pension Supervisory Authorities (CAPSA) has released its Proposed Regulatory Principles for a Model Pension Law, offering solutions to the burdensome and costly administration of multi-jurisdictional pension plans, and calling for an updated Memorandum of Reciprocal Agreement.
Canada
29 Sep 2004
11
Update on Pension Case Law and Regulatory Trends
A final version of "best practices" guidelines for Capital Accumulation Plans, new income tax, CPP and EI provisions, and a case on the members’ right to terminate a pension plan may be headed to the Supreme Court of Canada.
Canada
23 Sep 2004
12
Recent Québec Pension Cases With Potential Cross-Canada Impact
As in its politics and culture, Québec is a "distinct society" when it comes to the administration of pension plans. Its Supplemental Pension Plans Act(SPPA) includes many requirements that do not exist in other jurisdictions. That said, the basic principles for administering pension plans are quite similar to those in the rest of Canada and, therefore, some recent Québec cases could have cross-country impact.
Canada
15 Sep 2004
13
Monsanto – What Are the Implications?
This article will discuss the implications of the Monsanto decision for pension plan sponsors, trustees, custodians and others in the pension industry, and highlight some of the most pertinent issues, including: What did the Supreme Court of Canada say and who will be affected? What are the immediate issues that must be faced by the pension industry? What are the long-term implications of the Monsanto Decision? What can pension plan sponsors expect from
Canada
 
7 Sep 2004
14
Settling Class Actions - Some Strategic Issues For Pension Plan Sponsors And Administrators
Since the late 1990s, there has been a significant increase in the number of "class actions" in respect of pension and benefit plans. This trend is attributable to the nature of many pension and benefit claims, increasing sophistication of plan members and their counsel with respect to the claims that may be raised with respect to plans and the possibility of significant financial rewards for successful plaintiffs and their lawyers.
Canada
6 Aug 2004
15
Electronic Communications And Pensions—Driving With Care On The Information Highway
Legislation, industry guidelines and common law considerations must be weighed if plan administrators and sponsors want to take advantage of Web-based communications with beneficiaries.
Canada
6 Aug 2004
16
Pension Fund Deficits — The Next Big Thing
Volatile stock markets, corporate accounting scandals and a depressed US economy are among the factors that have had a significant negative effect on pension plan funding. In fact, according to a recent study by three Canadian consulting firms, that may be an understatement
Canada
27 Jul 2004
17
Case Law And Regulatory Update -Pensions & Benefits
In recent months, there have been numerous rulings, regulatory actions and ongoing proceedings of great interest to pension plans in the courts and before the Financial Services Tribunal. There have also been some discussion and consultation papers of note.
Canada
27 Jul 2004
18
Merger Update Regarding The ING Case
Pension plan mergers are clearly an area where both the law and the regulatory environment are in a state of flux.
Canada
 
23 Apr 2004
19
Pension Plan Governance and Risk Management – Why Good Governance is Good Business
Governance is a hot topic in the pension arena as well as in corporate boardrooms. Increased litigation, institutional shareholder activism, the impact of pension plans in capital markets and greater awareness of plan members and beneficiaries all point to the need to document and implement good governance practices.
Canada
15 Apr 2004
20
Pension Claims Update – Whose Rights Prevail?
Many Canadian companies entice prospective employees to join them by promising attractive pension plans. With a downturn in the market and declining revenues, these pension plans have become increasingly difficult to sustain. Indeed, many high-profile companies have massively underfunded plans.
Canada
14 Apr 2004
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