Kerry Case – Implications for Pension Plan Sponsors
On June 5th, the Ontario Court of Appeal released its much anticipated decision in Kerry (Canada) Inc. v. DCA Employees Pension Committee. The decision has clarified a number of significant issues that will be of interest to pension plan sponsors, including:
• when administrative costs of a pension plan are payable from a pension fund; • when defined benefit plan surplus can be used to pay the current service costs of a defined contribution component of the same plan; and • consequences where member notice of a conversion option (an adverse plan amendment) is not adequate.
Plan to attend CPBI's breakfast session on July 10, 2007 at the National Club in Toronto, where Ari Kaplan of Koskie Minsky, Ross Gascho of Fasken Martineau, Stephanie Kalinowski of Hicks Morley and Elizabeth Boyd of Blakes will be discussing practical implications of this important decision.
Speakers
Elizabeth Boyd is a partner in the Pension & Employee Benefits Group. She is involved in all aspects of the taxation, design, implementation, administration and termination of pension, other employee benefit, stock option, profit sharing and executive compensation arrangements including compliance with tax, investment and other regulatory requirements. Elizabeth works with plan sponsors in both the private and public sectors, as well as financial institutions and various consulting firms. She advises on pension, other benefit and equity and deferred compensation aspects of corporate transactions and also advises plan sponsors and litigation counsel in connection with class actions and other litigation matters involving pension and benefit plans. Between 1992 and 1994, before joining Blakes, Elizabeth was a tax litigator with the federal Department of Justice in Toronto.
Ross Gascho is a partner in the Pension and Benefits Law Group of Fasken Martineau. He has extensive experience advising private and public sector employers on design, implementation, governance and administration of retirement and group benefit programs as well expertise in changes to pension standards legislation and tax developments affecting registered plans. He carries on an active practice in advising employers on pension and benefits issues arising in the purchase or sale of a business. Ross joined the firm in 2003. His recent professional activities include teaching in the Certified Employee Benefits Specialist Program, an article in Pension Planning concerning recent developments in pension funding, and a presentation "Legal Developments in Pension, Benefit and Compensation Communication" at the fourth annual Communicating Compensation, Pension & Benefits Conference sponsored by Federated Press.
Stephanie Kalinowski is a partner in the Pension and Benefits Group of Hicks Morley. Her practice focuses on advising employers, plan administrators and service providers on issues relating to pensions, benefits, executive compensation, and related income tax matters, with a recent emphasis on pension division, mandatory retirement, and pensions and benefits in the context of corporate insolvencies. Stephanie has appeared before the Financial Services Tribunal. Stephanie has authored articles for the Federated Press publication "Taxation of Executive Compensation and Retirement", Benefits Canada, and Employee Benefit News in Canada. She has also been quoted by Benefits Canada and the Benefits and Pensions Monitor, and has spoken at numerous conferences and seminars, including conferences held by the OBA, CPBI (Ontario), Osgoode Professional Development, HRPAO, OHA, OAPSB and OPSBA.
Ari Kaplan is a partner in the Pension and Employee Benefits Group at Koskie Minsky LLP in Toronto. His clients include trustees of multi-employer pension plans, employee and pensioner groups, private and public sector trade unions and individuals. Ari's practice has a litigation focus with an emphasis on pension trust, surplus and wind up matters; administrative law and class proceedings involving pension rights; spousal pension and marriage breakdown entitlements; plan governance and regulatory compliance. Ari appears regularly before the Ontario Superior Court, Divisional Court and the Financial Services Tribunal and has appeared as counsel before the Federal Court of Canada, the Ontario Court of Appeal and Supreme Court of Canada.
To obtain a pdf copy of this seminar information, please click on the link >>Kerry Case<<
