Peter Stopyn & Douglas Llewellyn (Journeyman & Apprentices of the Plumbing and Pipefitting Industry)

Application for Party Status filed by Trustees of Local 67, Counsel: W. Ian Gordon, Evans, Philp.

Applications for Party Status filed by Thomas Hand, Albert Creary, Joe Bruno & John Fischer.

On May 13, 2004, Peter Stopyn and Douglas Llewellyn, former members of the Plan, a multi-employer plan, requested a hearing regarding the Deputy Superintendent, Pensions’ Notice of Proposal dated April 23, 2004, proposing to refuse to make an order:

• requiring the Trustees of the Plumbing and Pipefitting Workers’ Benefit Plans Local 67 (the “Board”), the administrator of the Plan, to refrain from suspending the retirement benefits of former  members of the Plan who return to work with a participating employer after the commencement of their retirement benefits;

• requiring the Board to limit the suspension of the retirement benefits of former members of the Plan who return to work with a participating employer after the commencement of retirement benefits to situations where the returning former member works more than 200 hours in any calendar year and not where the returning former member is paid for more than 200 hours but does not work more than 200 hours; or

• requiring the Trustees to amend the Plan so that the Plan text reflects the requirements listed in paragraphs (a) or (b) above as the case may be.

On July 13, 2004, the Trustees of Local 67, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Pension Plans filed an application for party status.

On August 10, 2004, Thomas Hand, Albert Creary and Joe Bruno, former members of the Plan, filed applications for party status.  On August 19, 2004, John Fischer a former member of the Plan, filed an application for party status.

The pre-hearing conference scheduled for November 23, 2004, was adjourned sine dine at the request of the applicants.  On February 24, 2006 the Tribunal wrote to the Applicants to determine the adjourned status of the matter.  On March 6, 2006 the Applicants requested a further extension of the Tribunal proceedings to bring a court application to determine constitutional issues the Applicants believe are relevant to the Tribunal proceedings.  The Superintendent agreed to defer the scheduling of a pre-hearing conference for a period not longer than 6 months.  The Tribunal granted the extension with a requirement that the Applicants must notify the Tribunal in writing by September 21, 2006 that they are prepared to proceed with a pre-hearing conference, or provide their withdrawal of the request for hearing.