Clark Wilson LLP’s Pensions & Benefits Law Group works extensively with trustees, administrators, actuaries and consultants in the growing area of pensions and benefits law. Our specific capabilities in this area include:

• assistance with the establishment of pension plans and welfare plans, as well as pension plan interpretation, administration, revision, governance and regulatory compliance;
  

• advising trustees concerning their liability in pension/ trust agreement disputes, where the issues may concern breach of fiduciary duty or breach of trust;
  

• advising on pension plan and welfare plan governance and preparation of documentation for plan governance;
  

• comprehensive tax support relating to pension plans, including basic registration, on-going tax compliance, qualifying investments, and creative tax strategies benefitting both the employer and employee;
  

• review and revision to Plan Text documents, in consultation with actuaries for the specific plan;
  

• review and commentary on Plan Booklets, with a view to minimizing the liability of the Plan for miscommunication to beneficiaries;
  

• advising on regulatory compliance with the Pension Standards Branch and with Canada Customs and Revenue Agency;
  

• amalgamating independent pension plans, including drafting trust agreements and plan documents, communicating details of the amalgamation with members, and establishing governance plans for the newly amalgamated fund;
  

• procedural advice relating to unclaimed money, including setting up policies and adhering to the standards set by the Unclaimed Money Act; and
  

• handling disputes and class action law suits arising out of such matters as pension fund surpluses, the failure to properly invest, and negligent misrepresentation of pension options.

Members of our group have written many articles on trust law and related areas, and we also speak at seminars on these issues. If you are interested in receiving future publications or attending one of our seminars, please contact us.

For Additional Information:

Your comments and questions are always welcome. Please feel free to contact Pensions & Benefits Practice Chair Don Sihota, or any member of the Pensions & Benefits Law Group, using the information provided below.