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(1) of the PBA consenting to a payment out of the Pension Plan for Employees of the Downsview Location of Coca-Cola Bottling Ltd. (the Plan), Registration Number 0971812.
Coca-Cola Bottling Company
42 Overlea Blvd.
Attention: Fabio Pozzobon
V.P. General Counsel
NOTICE OF PROPOSAL
I PROPOSE TO MAKE AN ORDER under section 78(1) of the PBA, consenting to the payment out of Pension Plan for Employees of the Downsview Location of Coca-Cola Bottling Ltd. (the “Plan”), Registration Number 0971812 to Coca-Cola Bottling Company, in the amount of $1,203,133 as at March 1, 2007 plus adjustments to the actual date of payment.
I PROPOSE TO MAKE THIS ORDER effective only after the Applicant satisfies me that payment to members, pursuant to the Surplus Distribution Agreement set out in paragraph 5. below, has been made.
I PROPOSE TO MAKE THIS ORDER FOR THE FOLLOWING REASONS:
- Coca-Cola Bottling Company is the employer as defined in the Plan.
- The Plan was wound up, effective April 30, 1994.
- As at April 30, 1994 the surplus in the Plan was estimated at $1,358,830.
- The Plan provides for payment of surplus to the Employer on wind up of the Plan.
- The application discloses that by written agreement made by the Employer, and 73% of the affected Ontario former members entitled to payments from the fund, the surplus in the Plan at the date of payment, after deduction of expenses is to be distributed:
a. 60% to the Employer; and
b. 40% to the affected Ontario beneficiaries of the Plan as defined in the Surplus Distribution Agreement.
- The Employer has applied, pursuant to section 78 of the PBA, and section 8(1)(b) of Regulation 909, R.R.O.1990 (Regulation), for consent of the Superintendent of Financial Services to the payment of 60% of the surplus to be distributed from the Plan (after adding investment earnings thereon and deducting expenses related to the partial wind up of the Plan.)
- The application appears to comply with sections 78, 79(3)(a) and (b) of the PBA and with sections 8(1)(b), 28(5), 28(5.1) and 28(6) of the Regulation.
- Such further and other reasons as 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 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 11th day of October, 2007
K. David Gordon
Deputy Superintendent, Pensions
Mr. Anthony Devir, Osler Hoskin & Harcourt LLP
* 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.