Notice of Intended Decision Considers Whether Vacation Pay Forms Part of Pensionable Earnings

The Ontario Superintendent of Financial Services (Superintendent) issued a Notice of Intended Decision (NOID) in late 2018 that considered whether vacation pay should be factored into a pension plan’s definition of pensionable earnings. The NOID indicates that, in the absence of clear exclusionary language, the Superintendent will interpret the phrase “base pay” to include vacation…

More Changes to Workplace Laws Are on the Horizon for Ontario Employers

On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.

Pension Funding Reform Continues: Taking Aim at Target Benefit Multi-Employer Pension Plans

Pension plans that meet the definition of specified Ontario multi-employer pension plans (SOMEPPs) are one step closer to having the option to convert accrued defined benefits (DB) to target benefits (TB) – and one step closer to a permanent exemption from solvency funding. If your organization participates in a SOMEPP, find out what this could mean for your organization in this FTR Now.

Regulations Filed Supporting Discharge of Pension Plan Administrator Upon Purchase of Annuities

On April 3, 2018, the government filed O. Reg. 193/18 (Purchase of Pension Benefits From an Insurance Company – Section 43.1 of the Act) under the Pension Benefits Act (PBA), which complements the recent funding reforms announced for defined benefit pension (DB) plans (the Regulation). As previously discussed, the government proposed rules to support a discharge…

Ontario Publishes Description of Proposed Variable Benefits Regulations for DC Plans

The Ontario government posted a description of proposed regulations on March 20, 2018 enabling it to implement the variable benefit (VB) provisions applicable to defined contribution (DC) plans under the Ontario Pension Benefits Act (PBA). Background – DC Decumulation Currently, Ontario members of DC plans who have terminated their employment with the plan sponsor and…

FSCO Launches Targeted Compliance Review of Member Option Statements

In March, 2018, the Financial Services Commission of Ontario (FSCO) will commence a targeted review of pension plan member option statements to verify compliance with key requirements under the Pension Benefits Act (Act) and FSCO policies. In particular, FSCO will focus its targeted review on whether plan administrators are: meeting requirements for statement content and…

Paul Migicovsky Mentioned in Benefits and Pensions Monitor on the Need to Prepare for Administrative Monetary Penalties

Hicks Morley’s Paul Migicovsky presented at the firm’s Advantage CPD seminar, “Pension and Benefits 2018: Thriving in the Face of Change” that took place on January 31, 2018.  Paul’s presentation on Administrative Monetary Penalties (AMPs) was featured in the Benefits and Pensions Monitor on February 1, 2018. “The goals of AMPs are to promote compliance…

Bill 177 Receives Royal Assent, Amends WSIA, OHSA, PBA and BPSECA

On December 14, 2017, Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017, received Royal Assent. Bill 177 is omnibus legislation which amends several statutes, including the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Pension Benefits Act and the Broader Public Sector Executive Compensation Act. Workplace Safety and Insurance…