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Government Unions Lose Pension Surplus Case
November 21, 2007 | Craig Sebastiano

The Ontario Superior Court of Justice has ruled that public service, RCMP, and Canadian Forces employees aren't entitled to the surplus in their pension plans.

In his ruling, Justice Anotine Lotbiniere Panet rejected the unions’ claims that they had an interest in the estimated $30.2 billion surplus and that the federal government breached a contract with them by amortizing the surplus.


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He also rejected claims that certain provisions of Bill C-78, The Public Service Pension Investment Board Act, violated their rights under the Charter of Rights and Freedoms.

“The plaintiffs have failed to establish that the treatment of the members of the three superannuation plans in Bill C-78 is discriminatory,” the justice wrote in his ruling.

Michele Demers, president of the Professional Institute of the Public Service of Canada says the next step for her organization will be to review the decision and discuss possible courses of action, including appealing the decision.

The Professional Institute undertook this legal action along with 17 other federal unions, employee associations and retiree groups.

To read the 102-page ruling on the Professional Institute’s website, click here.

To comment on this story, email craig.sebastiano@rci.rogers.com.

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