Day 4 – Service providers, best practices

Case Study #1

Excerpt from the OMERS 2020 Annual Report (click on the image to enlarge):


Discussion Questions
  1. Do any of these performance objectives for the compensation of the CEO of OMERS Administration Corporation seem offside? (Google the job description if you’re unsure!)
  2. What are the dangers of having this/these performance objective(s) for the CEO?
  3. What might CUPE trustees do about this?

Case Study #2

The facts:

  • ABC Inc. is the day-to-day administrative agent of the CUPE Town Superannuation & Benefits Plan
  • ABC Inc. does not have authority over any plan terms or governance structures
  • ABC Inc. is accountable to the Administrative Board, as governed by contract
  • ABC Inc. arguably owes a fiduciary obligation to plan members
  • In September 2020, the CEO of ABC Inc. presented a proposed a major re-write of the plan’s Funding Policy to the Sponsors Board. The proposed re-write included imposing a contribution cap on this DB plan, cutting the accrual rate, and revising the determination of conditional indexing
Discussion Questions
  1. What issues regarding ABC Inc.’s standard of care might the union(s) want to raise?
  2. Why might pension plan executives be biased toward employer interests?
  3. What might CUPE trustees do about this?

PRESENTER BIO

Lesa MacDonald is a member of the Pension and Employee Benefits Group at Koskie Minsky. Click here for her bio.
Download Lesa’s presentation.


Question sheets

Questions for selecting service providers
Questions for monitoring and supervising providers


Optional readings

OMERS Compensation Report
R. v. Christophe(6304898.1)
Chapman v. Benefit Plan Administrators (settlement approval)(6314347.1)
Chapman v. Benefit Plan Administrators (Certification)(6314353.1)
Administrator-Guidance-final-en-aoda (2)(6332407.1)
City of Fredericton (CA)(6304911.1)
CAPSA Guideline No. 4 Pension Plan Governance Guidelines(6334975.1)