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United Steelworkers

File Type: Pension
File Number: P0274-2006
File Name: United Steelworkers (Aluminum Brick and Glass)
Act: Pension Benefits Act
Plan Name: Pension Plan for the Aluminum Brick and Glass Workers International Union Retirements & Pension Plan, Registration No. 0009838 and United Steel Workers of America (International Union) Staff Pension Plan Registration No. 0008964
Applicant: United Steelworkers, Counsel: Dona Campbell, Sack Goldblatt Mitchell LLP
Respondent: Superintendent of Financial Services, Counsel: Deborah McPhail
Party:
Panel: John Solursh (Chair), Shiraz Bharmal, Heather Gavin; Paul Litner (Settlement Conference)
Hearing Date Information: 07/03/2007 (Pre-hearing by teleconference) adjourned; 06/25/2007 (Pre-hearing by teleconference) adjourned; 06/13/2007 (Settlement Conference) adjourned; 05/15/2007 (Settlement Conference-adjourned); 03/20/2007 (Settlement Conference); 02/20/2007 (Settlement Conference); 12/20/2006 (Pre-hearing by teleconference); 09/05/2006 (Pre-Hearing Conference)
Next Appearance Date:
File Summary:
(Go to latest update)

On May 5, 2006, United Steelworkers (the “Applicant”), requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated April 6, 2006, ordering that:

  1. the administrator of the Aluminum Brick and Glass Workers International Union Retirement & Pension Plan Registration No.0009838 ( the “ABG Plan”) file a report on the actuarial valuation for  the assets transferred from the ABG Plan to the United Steel Workers of America (International Union) Staff Pension Plan Registration No. 0008964 (“USWA Staff Plan”) within 90 days from the date of the proposal; and
  2. the assets transferred from the ABG Plan to the USWA Staff Plan be returned to the ABG Plan together with the accrued interest within 90 days from the date of the proposal pursuant to section 81(6) of the Pension Benefits Act (the “Act”); and
  3. the financial statements due by September 30, of 2001, 2002, 2003, 2004 and 2005; the annual information returns due by December 31, of 2001, 2002, 2003, 2004 and 2005; the Pension Benefits Guarantee Fund assessment certificates due by December 31, of 2001, 2002, 2003, 2004, and 2005; and the actuarial reports due by January 1, of 2001 and 2004, be filed within 90 days from the date of the proposal.

The unions that were sponsors of the ABG Plan and the USWA Staff Plan merged effective January 19, 1997 and the active members of the ABG Plan became members of the USWA Staff Plan for the accrual of future service credits only. The two Plans were subsequently merged and that merger was approved in the United States, where the assets of the trust funds for the two Plans were located, by the relevant U.S. regulators. The Applicant claims that the Superintendent has no jurisdiction over the trust funds for the plans or their transfer, while the Superintendent claims that he has jurisdiction by virtue of the fact that certain Plan members are employed in Ontario and that approval for the transfer of assets from the one Plan to the other should have been obtained under s. 80(4) or 81(4) of the Pension Benefits Act.

A pre-hearing conference is scheduled for September 5, 2006.

Updated to May 31, 2006

At the pre-hearing conference the parties agreed to participate in a settlement conference which is scheduled for February 12, 2007.

Updated to October 6, 2006

At a resumption of the pre-hearing conference on December 20, 2006, the settlement conference was rescheduled to February 20, 2007, and a further pre-hearing conference was also scheduled for March 20, 2007, in the event the matter does not settle.

Updated to January 10, 2007

At the settlement conference on February 20, 2007, the parties agreed to continue their settlement discussions on March 20, 2007.  At the March 20, 2007 settlement conference, the parties agreed to continue the settlement discussions on May 15, 2007.

Updated to April 2, 2007

On May 11, 2007, the parties requested a brief adjournment of the May 15 settlement conference on consent.  The Tribunal granted the adjournment and rescheduled the continuation of the settlement conference to June 13, 2007.  That date was further adjourned to June 25, 2007.

Updated to June 14, 2007

On June 22, 2007, the parties requested a further adjournment of the settlement conference. The Tribunal granted the adjournment and a pre-hearing conference was scheduled for July 3, 2007 in order for the parties to provide the Tribunal with an update on the status of the settlement discussions.

On June 28, 2007, the Applicant advised the Tribunal that the parties have reached a settlement in respect of the proceedings and withdrew its Request for Hearing on the basis that the Superintendent withdraws his Notice of Proposal.  The July 3, 2007 pre-hearing conference was cancelled and the Tribunal is awaiting the Superintendent’s withdrawal of the Notice of Proposal. 

Updated to July 20, 2007

On August 13, 2007, the Tribunal was advised that the Superintendent had withdrawn the Notice of Proposal, and the Tribunal closed its file.

Updated to August 20, 2007

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