A look at Alberta’s incoming joint pension governance structure
December 3, 2018 Although it’s somewhat late in the making, Alberta’s new pension legislation proposing a joint governance structure for three of the province’s largest pension plans appears to have kept up with the times. “The legislation is a made-in-Alberta plan that takes into account that almost 25 years have passed since we first saw […]
Appeal court upholds ruling in RCMP pension case
December 20, 2018 The Federal Court of Appeal is upholding a ruling denying female Royal Canadian Mounted Police employees the opportunity to buy back into their pension plan after they moved to part-time roles to raise their families. The case arose when three former RCMP officers opted to job share and work reduced hours to spend more […]
A 2018 roundup of the top legal cases in the benefits industry
December 21, 2018 When considering the legal cases attracting the most attention from the pension and benefits industry in 2018, the Ontario Human Rights Tribunal’s decision in Talos v. Grand Erie District School Board was one of the most talked about of the year. “This case is important because plan administrators who previously relied on the Employment Standards […]
Saskatchewan to adopt super-priority for deemed trusts
January 23, 2019 Saskatchewan will soon be the latest jurisdiction to adopt an enhanced priority for deemed trusts created by its pension benefits legislation. The Pension Benefits Act establishes a deemed trust for amounts contributed by both employers and employees. Bill 151, which amends the province’s Personal Property Security Act, will create a super-priority for […]
How will OHIP+ rollback affect plan sponsors?
February 4, 2019 The Ontario government is proposing a rollback of OHIP+, which would restrict the free prescription drug coverage program to dependants under age 25 who aren’t covered by private plans. The previous Liberal government implemented the program in January 2018 with an estimated cost of $465 million annually. It covered all OHIP-insured dependants […]
Ontario court grants appeal for employee in long-term disability case
March 27, 2019 The Ontario Court of Appeal has ordered a full trial for an employee who sued for $300,000 in long-term disability benefits despite signing a document that released such claims. The decision in Swampillai v. Royal & Sun Alliance Insurance Co. of Canada reverses a lower court decision that summarily found the release to be […]
Pension industry welcomes clarity around electronic communications
May 22, 2019 Plan administrators are welcoming the increased clarity accompanying the amendment of Ontario’s Pension Benefits Act to allow for the electronic designation of beneficiaries and the re-issue of the Canadian Association of Pension Supervisory Authorities’ guideline No. 2, which establishes best practices for electronic communications in the pension industry. “Clarity on the ability to […]
Are elements of U.S. pension reform worthy of Canadian consideration?
February 13, 2020 The first major reform to the U.S. retirement system in a decade, the Setting Every Community Up for Retirement Enhancement Act, contains provisions that could be useful guides for Canadian legislators and regulators. Signed into law by President Donald Trump in December, the act, known as SECURE, is primarily aimed at addressing […]
Is scrutiny on the rise for long-term disability claims?
Julius Melnitzer | June 17, 2019 A recent RBC Insurance Services Inc. study found 45 percent of employees on disability claimed their workplaces pressured them to go back earlier than they felt they were able to do so. This is a significant increase from the 33 per cent of respondents who said the same in the previous year’s […]
B.C. Supreme Court holds non-trustee liable for pension losses
Julius Melnitzer | January 16, 2020 The British Columbia Supreme Court has found that an individual who was the “directing mind of a company,” but not a trustee of its pension plan, was personally liable for a contribution shortfall because he “knowingly assisted” the company in breaches of its fiduciary duties. “The case is a heads-up, especially […]