Toronto District School Board Business and Support Employees Paid-Up Pension Plan


Overview

Koskie Minsky LLP has been retained to represent former members and their beneficiaries in respect of a proposed distribution of surplus from the Toronto District School Board Business and Support Employees Paid-up Pension Plan (the “Plan”).

In February of 2005, Koskie Minsky LLP, on behalf of former Plan members, commenced negotiations with the Toronto District School Board (the “TDSB”) with a view to distributing surplus then existing in the Plan to members and former members. A proposal for distribution of surplus has been reached, the terms of which include the following:

• The Plan will be wound up, and annuities purchased to secure benefits for Plan members;

• The expenses of the Plan wind-up will be paid “off the top” out of surplus in the Plan;

• The surplus will be shared between Plan members and the TDSB, with 50% payable to Plan members, and 50% payable to the TDSB;

• The legal and actuarial costs of each side will be paid out of each side’s share of surplus.

The surplus sharing group includes all members and former members of the Plan and any other persons entitled to receive benefits from the Plan on December 31, 2004.

The agreement is conditional upon receiving Court and regulatory approval. In addition, at least 66.66% of eligible sharing group members must vote in favour of the surplus sharing proposal. If all requirements are met, it is not expected that surplus will be distributed before 2010.


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Latest Developments

July 7, 2010We are pleased to advise members of the surplus sharing group that the Court has certified this matter as a class proceeding, and has approved the surplus sharing agreement. Sharing Group members will shortly be receiving a mailing, describing the implications of the decision, including their right to opt out of this class proceeding, should they so wish.

To view a copy of the reasons of Justice Perell, as well as the order approving the surplus sharing agreement, please click on the "documents" link to the right of this page.
May 31, 2010A Notice of Application was filed with the Court, seeking certification of a class proceeding, approval of the surplus sharing agreement, and certain ancillary relief. The Application seeks to certify and approve a settlement in respect of a class of persons including all persons who were entitled to benefits or other payments from the Plan on December 31, 2004, or people claiming through them. The motion for certification as a class proceeding and approval of the surplus sharing agreement will be heard on July 6, 2010 at 10:00 a.m. at the Ontario Superior Court of Justice. To see a copy of the Notice of Certification and Settlement Hearing please click on the documents tab to the right of this page.

Important Note: This website is intended to provide general information only. Despite our best efforts, it is not always completely up to date and should not be relied upon to make important legal decisions. This website does not offer legal advice and is not designed to answer questions about your individual situation or entitlement. It does not eliminate the need to obtain independent legal advice. Communications through this website will not be treated as private, privileged or confidential. It does not create a solicitor-client, fiduciary or other relationship. Whether you are a class member or not in a particular class action or not depends upon the court order made in that particular case. This website will be updated from time to time with information as it becomes available.