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FST Hearing - Totten Sims Hubicki Associates (1997) Limited

File Type: Pension
File Number: P0288-2006
File Name: Totten Sims Hubicki Associates (1997) Limited
Act: Pension Benefits Act
Plan Name: Pension Plan for Bruce G. Miller of Totten Sims Hubicki Associates (1997) Limited
Applicant: Totten Sims Hubicki Associates (1997) Limited, Counsel: Murdoch Martyn
Respondent: Superintendent of Financial Services, Counsel: Mark Bailey
Party: Bruce Miller
Panel: Ralph Scane (Chair); John Solursh (Chair Settlement Conference)
Hearing Date Information: 08/27/2007 (Settlement Conference) adjourned; 07/18/2007 (Settlement Conference) adjourned; 06/27/2007 (Settlement Conference) adjourned; 06/05/2007 (Settlement Conference); 05/14/2007 (Settlement Conference); 04/26/2007 (Settlement Conference) adjourned; 04/19/2007, (Pre-hearing Conference by Teleconference) adjourned; 04/17/2007 (Settlement Conference); 03/21/2007 (Pre-Hearing Conference by Teleconference);
Next Appearance Date:
File Summary:
(Go to latest update)

On December 20, 2006, Totten Sims Hubicki Associates (1997) Limited (the “Applicant”) requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated November 21, 2006,  proposing to:

(a) refuse, pursuant to s. 18(1)(d) of the Pension Benefits Act (the "Act"), to register an amendment to the Plan purporting to reduce the amount of the cost-of-living adjustment under the Plan, through a change in the cost-of-living formula, on the basis that the amendment would reduce the commuted value of the member's pension in violation of s. 14 of the Act;

(b) make an order, pursuant to s. 87 of the Act, that the Applicant administer the Plan without regard to the amendment to the extent that it purports to reduce the amount of the cost-of-living adjustment;

(c) refuse, pursuant to s. 70(5) of the Act, to approve a wind up report in respect of the Plan filed by the Applicant on the basis that it uses the amended cost-of-living formula in calculating the commuted value of the member's pension; and

(d) make an order, pursuant to s. 88 of the Act, that the Applicant file a new wind up report that calculates the commuted value of the member's pension using the original cost-of-living formula.

On January 10, 2007, an application for party status was filed by Mr. Bruce Miller, the member of the Plan.

A pre-hearing conference is being scheduled.

Updated to January 10, 2007

A pre-hearing conference is scheduled for March 21, 2007.

Updated to February 16, 2007

At the pre-hearing conference on March 21, 2007, the Tribunal granted full party status to Mr. Bruce Miller.  The parties agreed to participate in a settlement conference which is scheduled for April 17, 2007.  The pre-hearing conference is scheduled to resume on April 19, 2007 in the event the matter does not settle.

Updated to April 2, 2007

At the settlement conference on April 17, 2007, the parties agreed to adjourn the April 19, 2007 pre-hearing conference date and resume their settlement discussions.  The settlement conference is scheduled to resume on June 5, 2007.

Updated to May 2, 2007

At the settlement conference on June 5, 2007, the matter was further adjourned to June 27, 2007 to permit additional time for settlement discussions to take place.

Updated to June 14, 2007

On July 17, 2007, the parties advised that the matter was settled and requested a further adjournment of the July 18, 2007 settlement conference date.  The Tribunal granted the adjournment and rescheduled the matter to August 27, 2007, in the event that the parties require further assistance from the Tribunal.

Updated to August 20, 2007

On September 10, 2007 the Superintendent advised the Tribunal that the matter was settled and withdrew its Notice of Proposal.  On September 11, 2007 the Applicant withdrew the Request for Hearing and the Tribunal closed its file.

Updated to September 18, 2007

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