Disclaimer
This is a reproduction of a NOID as issued and is provided for reference purposes only. In the event of an inconsistency, the NOID as issued takes precedence over this reproduction.

 

 
Superintendent of
Financial
Services
 
Ontario Coat of Arms
 
Surintendant des
services
financiers
 

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 Notice of Intended Decision of the Superintendent of Financial Services to Refuse to Make an Order under section 87(2)(a) of the PBA relating to the Public Service Pension Plan, Registration Number 0208777.

NOTICE OF INTENDED DECISION

TO:

Ontario Pension Board
2200-200 King Street West
Toronto ON  M5H3X6

Attention:

Mark J. Fuller, President & CEO

Plan Administrator

AND TO:

D.S.

Plan Member

I INTEND TO REFUSE TO MAKE AN ORDER that D.S. be paid a disability pension from the Public Service Pension Plan, Registration Number 0208777 (the “Plan”), under section 87(2)(a) of the PBA.

Si vous désirez recevoir cet avis en français, veuillez envoyer votre demande immédiatement à:  Adjointe, audiences, Greffe, Commission des service financiers de l’Ontario, 5160 rue Yonge, boîte 85, Toronto ON M2N 6L9.

YOU ARE ENTITLED TO A HEARING by the Financial Services Tribunal (the “Tribunal”) pursuant to section 89(6) of the PBA. A hearing before the Tribunal about this Notice of Intended Decision may be requested by completing the enclosed Request for Hearing (Form 1) and submitting it to the Tribunal within 30 days after this Notice of Intended Decision is served on you.1 A copy of that form is included with this Notice of Intended Decision. Additional copies can be obtained by visiting the Tribunal’s website at www.fstontario.ca.

If a Request for Hearing (Form 1) is submitted to the Tribunal within 30 days after this Notice of Intended Decision is served on you, sections 89(8) and 89(9) of the PBA provide that the Tribunal shall appoint a time for and hold a hearing, and by order may direct the Superintendent of Financial Services (the “Superintendent”) to make or refrain from making the intended decision indicated in this notice and to take such action as the Tribunal considers the Superintendent ought to take in accordance with the PBA and the regulations, and for such purposes, the Tribunal may substitute its opinion for that of the Superintendent. 

IF NO WRITTEN REQUEST FOR A HEARING IS MADE within 30 days after this Notice is served on you, TAKE NOTICE THAT the Superintendent will carry out the refusal to order that D.S. be paid a disability pension from the Plan pursuant to section 87(2)(a) of the PBA.    

A completed Request for Hearing form must be received by the Tribunal within 30 days after this Notice is served on you.  The form may be mailed, faxed, or delivered to:

Financial Services Tribunal
5160 Yonge Street
14th Floor
Toronto, Ontario
M2N 6L9

Attention: The Registrar
Fax: 416-226-7750

The hearing before the Tribunal will proceed in accordance with the Rules of Practice and Procedure for Proceedings before the Tribunal made under the authority of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22. Those Rules are available at the website of the Tribunal: www.fstontario.ca. Alternatively, a copy can be obtained by telephoning the Registrar of the Tribunal at 416-590-7294, or toll free at 1-800-668-0128 ext. 7294.

REASONS FOR DECISION:

  1. The Plan is a defined benefit single-employer contributory pension plan that was established June 15, 1920.

  2. The Ontario Pension Board (“OPB”) is the administrator for the Plan.

  3. D.S. is a former member of the Plan who worked for the Liquor Control Board of Ontario (“LCBO”) commencing in 1993.  On February 20, 1995, he joined the Plan and remained a member until August 8, 2012.

  4. In February 2009, D.S. became totally disabled from performing his job.  He remained off work until January 2011, when he returned to work on an accommodated basis until February 10, 2011. He did not work after that date and his Plan membership was terminated on August 8, 2012, at which point his status changed from active member to former member of the Plan.

  5. On or about May 6, 2009, after contacting the LCBO, D.S. received application forms for a long term income protection plan through Great-West Life Assurance Company (“Great-West Life”).  D.S. applied for these benefits and was initially denied.  D.S. filed a law suit against Great-West Life, and a confidential settlement was reached.

  6. During the period when he returned to work on an accommodated basis, D.S. applied to buy back benefits under the Plan for the period while he was off work and totally disabled.  For the period from September 4, 2009, to January 9, 2011, D.S. made full contributions to the Plan.

  7. D.S. contacted OPB in April 2016 in regards to the Plan’s disability pension provisions.

  8. Section 1 of the Plan text defines “former member” as meaning a person who has ceased to hold a position, office or designation that entitles the person to be a member of the Plan, and who, (a) is entitled, either immediately or at a future time, to payment of a pension under the Plan, or (b) is entitled to receive any other payment under the Plan.

  9. D.S. is a former member as defined in the Plan.  He is also a former member as that term is defined in section 1.1 of the PBA, as he has terminated the employment that relates to the Plan and is entitled to a deferred pension payable from the pension fund for the Plan.

  10. The Plan defines “member” in section 1 as not including a former member. 

  11. Section 14(1) of the Plan states that where a “member” with ten or more years of credit or with ten or more years of continuous membership in the Plan applies to the OPB and is found by the OPB to be totally and permanently disabled, the member is entitled to a disability pension upon resigning from employment.

  12. D.S. is not entitled to a disability pension under the Plan because he was not a “member” as defined in the Plan when he applied for the disability pension.  Rather, he was a “former member” as defined in the Plan by that date.

  13. Section 87(2)(a) of the PBA states that the Superintendent may by written order require an administrator to take or to refrain from taking any action in respect of a pension plan if the Superintendent is of the opinion, upon reasonable and probable grounds, that the pension plan is not being administered in accordance with the pension plan.

  14. The Superintendent is of the view that the OPB is administering the Plan in accordance with section 1 and section 14(1) of the Plan in refusing to grant a disability pension to D.S. on the basis that D.S. was not a “member” of the Plan when he applied for the disability pension, and therefore he was not eligible for a disability pension under the Plan.

  15. Such further reasons as may come to my attention.

DATED at Toronto, Ontario, June 26, 2017.

Original Signed By

Lester J. Wong
Deputy Superintendent, Pensions
By delegated authority from the
Superintendent of Financial Services

1 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 fifth day after the date of mailing.

 

© Queen's Printer for Ontario, 2017