William Forbes

The Ontario Pension Board requested a hearing regarding a proposal by the Superintendent of Financial Services to order the Board to pay Victor Burns his full pension benefits retroactive to his retirement from the Ontario Provincial Police.

Mr. Burns had terminated his employment with the OPP and commenced employment with the Ottawa-Carleton Regional Police Services during a period when police services were being transferred between the two entities.

The Tribunal found that Mr. Burns' new employment was in conjunction with the disposition of police services, meaning section 80(3) of the Pension Benefits Act applied.

Consequently, his employment was deemed not to be terminated, and he was not entitled to commence receiving a pension on the date he ceased employment with the OPP.

The Superintendent's proposal was quashed.

The applicants, former employees of the Ministry of Finance, were transferred to the Ontario Property Assessment Corporation (OPAC) when the Ministry's property assessment functions were transferred.

At the time of the transfer, both applicants were eligible to retire under the 'Factor 80' provisions of their respective pension plans and sought to receive their pension benefits while continuing to work for OPAC.

The Superintendent of Financial Services refused to order the pension plan administrators to pay the benefits, finding that under section 80 of the Pension Benefits Act, the transfer constituted a sale of a business and the applicants' employment was deemed not to have been terminated.

The Financial Services Tribunal affirmed the Superintendent's decision, holding that the applicants could not receive pension benefits without actually terminating their employment with the successor employer.

The applicant, a member of the Ontario Teachers' Pension Plan, sought to transfer the commuted value of his pension upon termination of employment.

The applicant had become eligible for an immediate pension under the plan's early retirement window.

The Financial Services Tribunal dismissed the application, holding that under section 42(3) of the Pension Benefits Act and the terms of the plan, a member who is eligible for an immediate pension is not entitled to transfer the commuted value of their pension.