Ontario Introduces Pension Reform Legislation
On December 9, 2009, Bill 236, An Act to amend the Pension Benefits Act (pdf) was introduced in the Ontario legislature. According to a government press release, this is the first step in a multi-step pension reform process. The most significant changes include:
- Pension benefits will vest immediately rather than after two years;
- Grow-in benefits that allow members to grow into subsidized early retirement provisions, will be extended to include employees who are terminated without cause;
- Phased retirement provisions will allow certain plan members who have had their pay reduced to receive partial pension benefits;
- Partial wind-ups will no longer be permissible;
- The procedures for sale of business transactions involving a pension plan will be streamlined;
- Changes will be made to allow the lump sum cash payment of a pension if the amount of pension is less than 4% of the Year's Maximum Pensionable Earnings under the Canada Pension Plan;
- Surplus payments to a plan sponsor upon wind-up of a pension plan will be permitted, if there is a surplus sharing agreement with current and former members and beneficiaries;
- 45 days' notice will be required for all pension plan amendments; and
- Member statements and other communications will be allowed to be sent electronically.
For more information on Bill 236 and its impact, please see Heenan Blaikie's Pension Pulse " Ontario Pension Reform Part 1" (pdf).
http://www.globalemploymentlaw.com/mtc/mt-tb.cgi/610