IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8 (PBA);
AND IN THE MATTER OF a Proposal by the Superintendent of Financial Services to make an Order under section 78(4) of the PBA consenting to a payment out of the American Federation of Musicians’ and Employers’ Welfare Fund (Canada) (the Plan), Registration Number 215145.
Central Ontario Musicians’ Association, Local 226
100 Ahrens St. West
No Notice requiring a hearing was delivered to the Financial Services Tribunal by the Applicant or any other party within the time prescribed by section 89(6) of the PBA.
IT IS THEREFORE ORDERED to consent to the payment, out of the Plan, to Central Ontario Musicians’ Association, Local 226 in the amount of $1,910.50 ($654.96, $642.60 and $612.94 as at December 31, 2003, December 31, 2004 and December 31, 2005 respectively) plus interest to the date of payment for the following reasons:
- Central Ontario Musicians’ Association, Local 226 is the employer as defined in the Plan.
- An administrative error resulted in the employer continuing to remit contributions to the Plan contrary to section 5.06 of the plan text for the sole employee who worked past age 69.
- Evidence of the overpayment to the Plan has been submitted to the Financial Services Commission of Ontario.
DATED at Toronto, Ontario, this 13th day of August, 2007
Director, Pension Plans Branch
by Delegated Authority from
the Superintendent of Financial Services