Skip to content

Client Update: New Nova Scotia pension plan asset transfer regulations

Peter McLellan, QC and Level Chan

On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017. The regulations apply to transfers of pension plan assets when there is a sale of business or an employer establishes a new plan to replace or succeed an existing one.

The regulations are similar to Ontario regulations with respect to asset transfers and provide for:

  1. Transfers will be in accordance with the agreement between employers or plan sponsors for the transfer of assets from the original plan to the successor plan;
  2. Prescribed notices to eligible and ineligible members, former members and retired members and other persons entitled to benefits as well as bargaining agents and advisory committees;
  3. Prescribed notices, information and forms to be provided to eligible members if the transfer agreement requires individual consent for transfer;
  4. Transfer of assets on a solvency (rather than going concern) basis. The solvency funded ratio of the successor plan after the transfer must be either (i) at least 100% (85% for sale of business transfers); or (ii) no more than 5% below the solvency funded ratios of each of the original plan and the successor plan before the transfer;
  5. Continuation of special payments until the transfer of assets;
  6. Transfer with respect to defined benefits is not authorized if the successor plan is permitted to reduce accrued pension benefits;
  7. The amount of a transferred member’s accrued pension benefits under the successor plan, excluding ancillary benefits, must equal at least 85% of their accrued pension benefits under the original pension plan, also excluding ancillary benefits, as of the effective date of the transfer of assets.

The regulations provide clarity in an area that was not covered when the current regulations were released in 2015.

Of note, there are also provisions with respect to the transfer from an existing Nova Scotia single employer defined benefit pension plan to an Ontario multi-employer targeted benefit pension plan. That transfer is subject to an agreement to transfer assets and individual consent of members prior to transfer of their benefits.

The foregoing is intended for general information only. If you have any questions, please contact our Pensions and Employee Benefits Group.

SHARE

Archive

Search Archive


 
 

Canada’s National Day for Truth and Reconciliation – who gets the holiday?

September 27, 2021

Harold Smith, QC and Chelsea Drodge Background On September 29, 2020, the government introduced Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day…

Read More

Time off to vote in the 2021 federal election

September 15, 2021

Richard Jordan The federal election will be held on Monday, September 20, 2021. Under s. 132 of the Canada Elections Act (“Act”), every employee who is an elector (i.e. a Canadian citizen and 18 years…

Read More

Nova Scotia to recognize September 30 as Truth and Reconciliation Day

September 9, 2021

*Last updated: September 9, 2021 (originally published September 3, 2021) Katharine Mack The Nova Scotia government announced earlier today, September 3, that it would annually recognize September 30 as Truth and Reconciliation Day, beginning in…

Read More

Labour and Employment webinar – Mandatory vaccinations: Calling the shots

September 3, 2021

Employers are navigating uncharted territory when it comes to COVID-19 vaccines, from employee health and safety, to workplace policies, privacy and human rights concerns, a panel of Firm lawyers sit down and explore the complicated…

Read More

Final report of advisory committee on open banking

August 26, 2021

Kevin Landry and Annelise Harnanan (summer student) Recently, the Advisory Committee on Open Banking released the Final Report of the Advisory Committee on Open Banking, (“Report”) confirming its intention to implement a broader, more modernized…

Read More

Termination for just cause: do employers need to investigate? McCallum v Saputo, 2021 MBCA 62

August 25, 2021

Kathleen Nash In a recent decision, McCallum v Saputo,¹ the Manitoba Court of Appeal confirmed that an employer does not have a “free-standing, actionable duty” to investigate an employee’s conduct prior to dismissal.² The Court of Appeal held…

Read More

Canadian border re-opening: phased approach for fully vaccinated travellers

August 25, 2021

Brendan Sheridan The Government of Canada is undertaking a phased approach to re-opening the international border. While the government has had limited exemptions to the travel prohibitions throughout the pandemic, the loosening of the restrictions…

Read More

IIROC and MFDA merging into one singular self-regulated organization

August 13, 2021

Kevin Landry On August 3, 2021 the Canadian Securities Administrators (“CSA”) announced plans to combine the Investment Industry Regulation Organization of Canada (“IIROC”) with the Mutual Fund Dealers Association of Canada (“MFDA”). This move will…

Read More

Right time to strike – Courts less reticent to strike pleadings in Newfoundland and Labrador

August 12, 2021

John Samms, with the assistance of Olivia Bungay (summer student) In a recent decision, S.D. v Eastern Regional Integrated Health Authority, 2021 NLSC 100, the Supreme Court of Newfoundland and Labrador denied the Plaintiff’s application…

Read More

What employers and employees need to know about election day in Nova Scotia

August 12, 2021

Richard Jordan and Folu Adesanya The 2021 Nova Scotia general election will be held on August 17, 2021. With the election looming, many Nova Scotians will be wondering the same question: “Am I entitled to…

Read More

Search Archive


Scroll To Top