EXPERTISE

PENSION AND BENEFITS

Overview

The problems surrounding pension plans and benefits have multiplied in the past two decades and will likely continue to grow due, among others, to the increasingly complex legislative and regulatory environment governing pension plans, the increase in litigation affecting pension plans and benefits, and the great importance of such arrangements both to unionized and non-unionized employees and retirees.

The team of pension and benefits lawyers at Lavery is broadly recognized in the industry for their expertise in this area of specialization.

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Services

The members of our team primarily advise public and private sector employers, pension plan administrators, and actuarial and benefits consultants on the various legal issues relating to this area of law, including:
pension plan administration and governance, statutory compliance and termination;

  • establishment and negotiation of pension plans both for unionized and non-unionized employees;
  • changes to benefits provided under pension plans;
  • pension plan splits and mergers;
  • issues surrounding surplus assets and their use (contribution holidays, payment of administrative expenses out of the pension fund, and use of surplus assets to fund plan improvements);
  • analysis of various types of insurance coverage, and agreements on the liability of pension plan directors and pension and benefits consultants;
  • pensioners' rights and changes to post-retirement benefits;
  • drafting of retirement compensation agreements.

The members of the team also represent our clients before the courts, specialized arbitrators and the Tribunal administratif du Québec in the context of litigation, including class actions, involving issues related to pension plans and employee benefits.

They have acted in litigation raising various issues, such as:

  • the use of pension plans surplus assets to fund improvements, take contribution holidays or pay administration costs;
  • damage claim resulting from plan investments;
  • entitlement to an early retirement pension;
  • interpretation of plan provisions pertaining to benefits;
  • entitlement to plan improvements;
  • the allocation of the surplus assets of a pension plan upon its termination;
  • reduction of pension.
  • They also work in collaboration with the firm’s Business Law Group on the various pension and benefits issues involved in mergers and acquisitions.
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Professionals

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An independent law firm, offering the full range of legal services to business. 175 lawyers in Montreal, Quebec City and Ottawa. Member of the World Services Group, an international network of service firms with offices in 120 countries.

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