On June 15, 2004, a submission was sent to the Superintendent of the Financial Services Commission of Ontario (FSCO) requesting the FSCO to order Woodbine to accept Non Seniority List employees as Members of the Mutuel Employees Pension Plan. On July 7, 2006, the FSCO agreed to the request.
Here is part of the communication sent by the FSCO to Woodbine:
“Please confirm by July 31, 2006 that corrective action has been taken to remedy this situation, as follows:
All ‘Non-Seniority List’ employees who satisfied the minimum service requirements as set out under the Pension Benefits Act (Ontario), effective January 1, 1988, would be entitled to membership in the Plan effective January 1, 1988 or at any time after that date once they met the minimum service requirements set out in Section 31 of the PBA.
All ‘Seniority List’ employees who were previously “Non-Seniority List’ employees will need to have their date adjusted in accordance with the minimum service requirements set out in Section 31 of the PBA."
…….........................................................................
“Part-time employment
31. (3) A pension plan may require not more than twenty-four months of less than full-time continuous employment with the employer, with the lesser of,
(a) earnings of not less than 35 per cent of the Year’s Maximum Pensionable Earnings;
or
(b) 700 hours of employment with the employer, in each of two consecutive calendar years immediately prior to membership in the pension plan, or such equivalent basis as is approved by the Superintendent, as a condition precedent to membership in the pension plan.”
Woodbine has requested additional time and information from FSCO before it responds.
We will keep you posted as this case develops.
There are many issues to be addressed.
