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Multi-Employer Benefits Litigation

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Introduction

Koskie Minsky plays a leading role among Canadian law firms in the protection and advancement of the interests of employees and trustees involved in private and public sector multi-employer benefit plans (MEPs), including such plans as:
  • group pensions and savings
  • group health and dental
  • group life and accidental death and dismemberment
  • disability
  • vacation pay trust funds
  • supplementary unemployment benefits
  • prepaid legal services
  • skills training and education
  • substance abuse.
For the past thirty years members of our Pension and Employee Benefits Group have played a pivotal role in the formulation of the legislative background for regulating many of these plans. We have had an ongoing and respected commitment to work with federal and provincial governments in developing legislation, regulations and policies which best protect the interests of MEPs, their beneficiaries and families.

Also, our background in labour relations positions us to better understand and react to the realities of the relationship between the regimes of law and collective bargaining.

Once jointly governed plans are established, Koskie Minsky has played an active role in providing them with ongoing counsel and advisory services. We provide advice on the full range of legal services required by jointly governed plans in the public and broader public sectors.

Services Provided

Our Pension and Employee Benefits Group advises trustees, administrators and benefit consultants involved in private and public sector MEPs, in the following areas:
  • fiduciary duties and responsibilities of trustees, administrators and their professional advisors
  • trustees' insurance protection
  • trust agreements
  • benefit plans and employee booklets
  • investment policies and guidelines
  • agreements between trustees and professional advisors and service providers such as investment managers, administrators, actuaries, benefit consultants, lawyers and others
  • collection control programs and procedures
  • legislative and regulatory compliance
  • proceedings before courts and administrative tribunals
  • tax issues, including income tax, goods and services tax and retail sales tax
  • selecting and monitoring of professional advisors and service providers
  • representations to government on employee benefit issues
  • regular updates on changes and developments benefit plan investments.
Personnel

Koskie Minsky's Pension and Employee Benefits Group consists of 15 practitioners having wide experience in the MEP field, including establishing, structuring, merging and winding-up of MEP programs of all sizes in both the private and public sectors, as well as appearing before courts and administrative tribunals, legal aspects of investments and regulatory compliance with the requirements of the Canada Revenue Agency, and federal and provincial securities and pension regulators, among others.

Professional Associations

Members of our Group are active participants in such associations as the Canadian and Ontario Bar Associations, the International Foundation of Employee Benefit Plans, the International Pension and Employee Benefits Lawyers' Association, the Canadian Pension and Benefits Institute, the International Pension and Benefits Lawyers Association and the Investment Management Consultants Association. We also participate in various government committees established from time to time to advise on employee benefit issues.

Members of our firm regularly participate in advisory committees to government agencies such as the Financial Services Commission of Ontario.

Through such involvement, we are well-positioned to advise clients on new developments in income tax law, the law of trusts and general employee benefit laws.

Publications

All members of our Group contribute on a regular basis to publications of associations and professional organizations. Also, we are the main editors and contributors to Employee Benefits in Canada (Third Edition) published by the International Foundation of Employee Benefit Plans. This text has been chosen by the Life Underwriters Association of Canada for its registered Health Underwriting Course.

For more information contact Murray Gold.


Copyright © Koskie Minsky LLP, 2008