The applicant company sought an order to terminate a supplementary retirement plan trust fund and have the remaining assets distributed to it.
The trust fund was established to ensure employees transferred from a predecessor company would not be adversely affected regarding their pension entitlements.
The trustee refused to consent to the termination, citing a lack of evidence that the participants had received their full entitlements.
The court dismissed the company's application, finding that at least one participant had demonstrated a shortfall, and directed the trustee to obtain actuarial calculations for other participants before any remaining balance could be returned to the company.
