| File Type: | Pension |
|---|---|
| File Number: | P0271-2006 |
| File Name: | National Steel Car Limited (Tasa Ristic) |
| Act: | Pension Benefits Act |
| Plan Name: | Pension Plan for Employees of National Steel Car Limited, Registration No. 0215038 |
| Applicant: | National Steel Car Limited, Counsel: Jeffrey Sommers, Blake, Cassels & Graydon LLP |
| Respondent: | Superintendent of Financial Services, Counsel: Deborah McPhail |
| Party: |
Tasa Ristic; Represented by: Christopher Winterburn, Local 7135 United Steelworkers |
| Panel: |
Paul Litner (Chair), Florence Holden, Martin Brown |
| Hearing Date Information: |
11/01/2006 - 11/02/2006 (Hearing); 06/05/2006 (Pre-Hearing Conference) |
| Next Appearance Date: |
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File Summary: (Go to latest update) |
On March 7, 2006, National Steel Car Limited (the “Applicant”) requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated February 6, 2006, ordering the Applicant to credit Mr. Taso Ristic, a former member of the Pension Plan for Employees of National Steel Car Limited, Registration Number 0215038 (the “Plan”), with service under the Plan for the period or periods of time during which Mr. Ristic was laid off from employment and receiving partial permanent disability benefits from the Workplace Safety and Insurance Board (“WSIB”). The basis for the proposed order is that the Plan provides that the time an employee member received worker’s compensation benefits shall be treated as credited service under the Plan at the rate of 40 hours per week. On April 13, 2006, an application for party status was filed by Mr. Taso Ristic. A pre-hearing conference is scheduled for June 5, 2006. Updated to May, 31, 2006 At a pre-hearing conference on June 5, 2006 full party status was granted to Mr. Ristic. The hearing is scheduled for November 1 and 2, 2006. Updated to August 21, 2006 The hearing concluded on November 1, 2006 and the Tribunal reserved its decision. Updated to November 10, 2006 In its Reasons for Decision dated February 16, 2007, the Tribunal concluded that the term “Workmen’s Compensation benefits” as used in the Plan text, did not extend to the partial permanent disability benefits paid to Mr. Ristic during his active employment with the Company and during the lay-off periods. As a result, the Tribunal ruled that Mr. Ristic is not entitled to credited service during the lay-off periods, and ordered the Superintendent not to proceed with the Notice of Proposal dated February 6, 2006. |
| Additional Notes: |
