LAVERY IS ALSO...
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 to, among others, 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 to both unionized and non-unionized employees and to retirees.
The team of pension and benefits lawyers at Lavery is widely recognized in the industry for their expertise in this area of specialization.
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 plan termination;
- multi-jurisdictional and multi-employer pension plan issues;
- establishment and negotiation of pension plans in the context of collective bargaining;
- changes to benefits provided under pension plans;
- pension plan splits and mergers;
- issues relating to pension plan surplus assets and their use (contribution holidays, payment of administrative expenses and funding of plan improvements);
- analysis of various types of insurance coverage for pension plan administrators and pension and benefits consultants;
- changes to benefit programs (including post-retirement benefits);
- drafting and implementation 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. More specifically, 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 claims resulting from plan investments;
- the interpretation of plan provisions pertaining to benefits;
- the entitlement to plan improvements;
- the allocation of the surplus assets of a pension plan upon its termination;
- reduction of pension.
They also work with the firm’s Business Law Group on the various pension and benefits issues in mergers and acquisitions.
Professionals
Lawyers:
LAVERY AT A GLANCE
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.
LATEST PUBLICATIONS ON THIS AREA OF PRACTICE
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December 2011
Ratio - Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 14 -
December 2010
In Fact and in Law - The Supreme Court of Canada issues its judgment in the Burke case -
October 2010
In Fact and in Law - The Régie and the TAQ reject adverse amendments made to a pension plan








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