Judith Robinson

The applicant requested a hearing before the Financial Services Tribunal regarding his claim for an immediate pension benefit following the divestiture of his employment.

The respondent brought a preliminary motion to dismiss the request for a hearing on the basis that the Tribunal lacked jurisdiction.

The Tribunal found that neither the Superintendent nor anyone with delegated authority had made a final decision regarding the applicant's claim.

Consequently, the Tribunal concluded it did not have jurisdiction to proceed with the merits of the request and dismissed the application.

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.

Following the Superintendent's proposal to partially wind up a pension plan, the employer requested a hearing but withdrew the request shortly before the scheduled dates.

The represented employees applied for $3,500 in costs against the employer.

The Tribunal denied the costs application, finding that the employer provided a reasonable explanation for the withdrawal, raised substantial issues, and did not cause unreasonable delay that prejudiced the employees.