decision - pension litigation




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The RCEA has received a decision from the Ontario Court of Appeal on the pension litigation case.  The case is a joint action of all 18 bargaining agents  against the federal government over its expropriation of $28 billion from the federal superannuation fund.

Unfortunately, Justices Laskin, Gillese and Juriansz denied our appeal. They confirmed a 2007 Superior Court of Justice Decision which dismissed our claims that the government breached the trust of plan members, violating its fiduciary duty and not meeting its obligations.

At issue was the fact that the federal government raided a $28 billion surplus from the public service, RCMP and Canadian Forces pension plans after passing legislation that restructured the way the plans are managed.

The Court of Appeal found that the federal government did have the discretion to remove the surplus funds, even if it resulted in higher pension contributions for plan members.

All the bargaining agents will be meeting shortly to determine next steps.  The RCEA will be carefully evaluating the situation and will communicate with the membership prior to the taking of any decision.