IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, as amended (the “PBA”)
AND IN THE MATTER OF of a Notice of Intended Decision of the Superintendent of Financial Services to make an Order under section 69 of the PBA,respecting the SKD Technologies Inc. Pension Plan for Hourly Employees Who are Members of the UAW Local 89, Registration Number 0474239 (previously C-020958) (the “Plan”).
Morneau Shepell Ltd.
895 Don Mills Road
Tower One, Suite 700
Toronto ON M3C 1W3
Director, Global Equity, Retirement Plans
SKD Technologies Inc. (Continental Can Company Inc.)
c/o Level 3 Communications
1025 Eldorado Boulevard
Broomfield, Colorado, USA 80021
I INTEND TO MAKE AN ORDER under section 69 of the PBA that the Plan be partially wound up effective March 1, 1990 in respect of individuals who were members of the SKD Company Pension Plan for Hourly Employees Who are Members of the CAW Local 89 Pension Plan, Registration Number 0948166 (previously C-0100212) (the “Successor Plan”) and affected by the partial wind up of the Successor Plan as of March 1, 1990.
I INTEND TO MAKE THE ORDER FOR THE FOLLOWING REASONS:
The Plan is a predecessor to the Successor Plan.
The Successor Plan was partially wound up, effective March 1, 1990.
The partial wind up of the Successor Plan should have prompted a partial wind up of the Plan.
The partial wind up of the Successor Plan, effective March 1, 1990, was approved on August 9, 1996 by the Financial Services Commission of Ontario (then, the Pension Commission of Ontario).
Such further and other reasons as may come to my attention.
YOU ARE ENTITLED TO A HEARING by the Financial Services Tribunal (the “Tribunal”) pursuant to section 89(6) of the PBA. To request a hearing, you must deliver to the Tribunal a written notice that you require a hearing, within thirty (30) days after this Notice of Intended Decision is served on you.1
YOUR WRITTEN NOTICE must be delivered to:
Financial Services Tribunal
5160 Yonge Street
Attention: The Registrar
FOR FURTHER INFORMATION on a Form for the written notice, please see the Tribunal website at www.fstontario.ca or contact the Registrar of the Tribunal by phone at 416- 590-7294, toll free at 1-800-668-0128, ext. 7294, or by fax at 416-226-7750.
IF YOU FAIL TO REQUEST A HEARING WITHIN THIRTY (30) DAYS, I MAY CARRY OUT THE INTENDED DECISION AS DESCRIBED IN THIS NOTICE.
DATED at Toronto, Ontario, this 30th day of January, 2013.
Original Signed By
K. David Gordon
Deputy Superintendent, Pensions
1NOTE - Pursuant to section 112 of the PBA any Notice, Order or other document is sufficiently given, served or delivered if delivered personally or sent by regular mail and any document sent by regular mail shall be deemed to be given, served or delivered on the fifth day after the date of mailing.
© Queen's Printer for Ontario, 2013