Retired police officers, through their representative corporation, appealed the dismissal of a Rule 22 motion claiming an interest in approximately $6 million in excess pension funds arising after legislative amendments moved supplementary early retirement benefits into the basic OMERS plan.
The appeal advanced theories based on deferred wages, trust, fiduciary obligations, unjust enrichment, partial wind-up, and statutory restrictions on surplus use.
The Court of Appeal substantially adopted the motion judge’s reasoning and held that the supplementary agreement did not create a separate pension plan and that retirees under a defined benefit plan had no inherent entitlement to the excess funds.
The appeal was dismissed with costs.
