The appellant appealed a Financial Services Tribunal decision that allowed transferred employees to receive immediate unreduced pensions under the Public Service Pension Plan while continuing to work for the successor employer.
The Tribunal had interpreted section 80(3) of the Pension Benefits Act as deeming employment to continue only for the purposes of the Act, but not for the purposes of the pension plan.
The Divisional Court allowed the appeal, holding that the Tribunal's interpretation was incorrect.
The Court found that section 80(3) clearly means that transferred employees' rights and benefits under a predecessor pension plan are to be determined as if their employment and pension plan membership are not interrupted.
