IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, as amended (the “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’ Pension Welfare Fund (Canada) (the Plan), Registration Number 215145.
Central Ontario Musicians’ Association, Local 226
100 Ahrens St. West
Kitchener ON N2H 4C3
Mr. David Knarr
Secretary, Treasurer, Local 226
NOTICE OF PROPOSAL
I PROPOSE TO MAKE AN ORDER under section 78(4) of the PBA, consenting 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.
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.
Such further and other reasons as may come to my attention.
In accordance with section 105(1) of the PBA, an extension of the time limit under section 78(4) has been given.
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 Proposal is served on you.*
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 PROPOSAL AS DESCRIBED IN THIS NOTICE.
DATED at Toronto, Ontario, this 28th day of June 2007
K. David Gordon
Deputy Superintendent, Pensions
*NOTE - 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 seventh day after the date of mailing.