IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, (the “PBA”);
AND IN THE MATTER a Notice of Intended Decision of the Superintendent of Financial Services, under section 69(1) of the PBA, to partially wind up the Mining Safety Appliances Company Canadian Pension Plan, Registration Number 0287441.
Mine Safety Appliances Company
MSA Corporate Centre
1000 Cranberry Woods Drive
Cranberry Township, PA 16066
Attention: William J. Berner
Director, Litigation/Risk Management
Employer and Administrator
ON OR ABOUT July 6, 2011, the Superintendent of Financial Services (the “Superintendent”) issued a Notice of Intended Decision (the “NOID”) in respect of the Mining Safety Appliances Company Canadian Pension Plan, Registration Number 0287441 Plan (the “Plan”) (reported at Financial Services Commission of Ontario (FSCO) website, Pension e-Bulletin, page 2259) to make an order, under section 69(1)(d) of the PBA, that the Plan be partially wound up effective as at March 1, 2001, in relation to the 37 former members of the Plan who ceased to be employed by Mining Safety Appliances Company (“MSAC”) during the period of March 31, 2000 to March 1, 2001(both dates inclusive) as a result of a reorganization and partial discontinuance of the business of the employer.
A REQUEST FOR HEARING dated July 26, 2011 was received by the Financial Services Tribunal (the “Tribunal”) in connection with this matter.
THE SUPERINTENDENT AND MSAC entered into Minutes of Settlement dated August 17, 2012 in which the parties agreed to seek an order from the Tribunal directing the Superintendent to issue an order requiring the wind up of the Plan in accordance with the NOID except that the effective date of the partial wind up for the purposes of calculating the wind up position of the Plan was to be August 1, 2000 and four individuals were to be excluded from the partial wind up group.
THE TRIBUNAL,granted the order requested by the parties on August 28, 2012 (the “FST Order”).
NO APPEAL has been taken from the FST Order under section 91 of the PBA and, therefore, the FST Order is final.
As directed in the FST Order, I ORDER that the Plan be partially wound up as set out in the NOID, except that:
DATED at Toronto, Ontario, this 6th day of December, 2012.
Original Signed By
K. David Gordon
Deputy Superintendent, Pensions
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