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© Copyright 2000 Rogers Media. The following article first appeared in the April 2001 edition of
BENEFITS CANADA magazine.
E-Poll
Should plan members be entitled to a portion of their pension plan surplus?
Pension plan surplus is top of mind for many plan sponsors these days, with recent court decisions in Ontario
changing the way surplus sharing arrangements are negotiated.
This month's E-poll tackled the question of whether plan members should be entitled to a portion of their
pension plan surplus. The majority of respondents (58%) say yes, while 13% say no. Almost one-third (29%)
say plan members should be entitled to a portion of their pension surplus in certain circumstances (see
"Sharing surplus," left).
The Hospitals of Ontario Pension Plan (HOOPP) is one plan where entitlement to surplus is spelled out in
the original plan text. HOOPP has financial risk sharing between employers--the hospitals--and active
members whereby the amount employers contribute to the plan is defined as a percentage of what plan members
contribute.
"If there is surplus in the plan, the board of trustees has responsibility to consider any benefit
improvements that could be provided to members out of the surplus," says Laurie Hutchinson, senior
vice-president, product management and development with HOOPP in Toronto. "And if the surplus is large
enough, they are to consider the possibility of both benefit improvements and/or reduction in contribution
rates."
HOOPP surveyed its plan membership, employers and pensioners last year and asked them specifically about
surplus entitlement. "All three groups agreed that any financial rewards are shared by active members,
employers and pensioners," says Hutchinson. "We're equipped now in terms of making decisions about surplus
[because we polled our membership] and armed with that we will be developing a surplus management strategy
this year."
Hutchinson notes that surplus doesn't necessarily have to be distributed. In HOOPP's survey of its
membership, respondents felt strongly about the idea of having a rainy day fund to protect the security of
the plan. "Yes, it's okay to use surplus to lower the price, you can use surplus to improve benefits but
you can also keep it in the plan as a safety net," she says. "And our members have told us that's
important."
In Ontario, a divisional court decision in May 2000 limited the ability of employers and employees to
negotiate surplus sharing arrangements. Employers must now demonstrate that the documents that created the
pension plan clearly entitle them to pension surplus. Many plans, particularly older ones, do not contain
such provisions. The Ontario provincial government will hold public consultations this year on new pension
surplus sharing rules.
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