Practice
with precision

Practice
with precision

Pension and Benefits

Overview

The members of our team primarily advise public and private sector employers, pension plan administrators, and actuarial consultants on all legal issues relating to pension plans and benefits.

We also collaborate with lawyers in the firm's Business law group and Restructuring and insolvency group on pension and benefits-related issues arising during mergers, acquisitions, and corporate restructurings. Lavery’s expertise in this field is recommended by the 2018 Canadian Legal Lexpert Directory.

Pension plan-related problems have become increasingly common in recent decades and will likely continue to arise given the growing complexity of the legislative and regulatory framework governing pension plans and the importance of these arrangements to unionized and non-unionized employees.

Lavery’s team is widely recognized for its expertise in this area.

Services

We advise clients on various legal issues related to this area of law, including the following:

  • Pension plan administration and governance, statutory compliance, and plan termination
  • Problems related to multi-jurisdictional and multi-employer pension plans
  • The creation and negotiation of pension plans in the context of collective bargaining
  • Changes to benefits provided under pension plans
  • Pension plan splits and mergers
  • Questions related to pension plan surplus assets and their use to take contribution holidays, pay administrative expenses, or fund plan improvements
  • The drafting of retirement compensation arrangements

The members of our team also represent clients before the courts, specialized arbitrators, and the Administrative Tribunal of Quebec. More specifically, they have acted in judicial proceedings addressing the following issues:

  • The compliance of certain provisions of multi-jurisdictional pension plans with the Supplemental Pension Plans Act
  • Orders issued or decisions made by the Régie des rentes du Québec
  • Grievances related to pension plans and group insurance programs offered by companies that have become insolvent
  • The payment of pension benefits
  • Entitlement to plan improvements
  • Allegations of professional misconduct related to professional services rendered to the pension plan

 

Professionals





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