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FINA Committee Report

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CHAPTER FOUR: OCCUPATIONAL
DEFINED BENEFIT PENSION PLANS

Occupational pension plans, which can be defined benefit or defined contribution plans, were also mentioned by witnesses. A number of concerns about defined benefit plans in particular were shared with the Committee, especially regarding the solvency and funding of such plans, ownership of any pension surplus, and protection for employees when the employer that sponsors the plan becomes insolvent or experiences financial difficulty.

Figure 5: Registered Pension Plan Membership,
by Type of Plan, Canada, 2009 (%)

Figure 5: Registered Pension Plan Membership, by Type of Plan, Canada, 2009 (%)

Source: Statistics Canada, CANSIM Table 280-0016.

SOLVENCY AND FUNDING

Ms. Judy Cameron, of the Office of the Superintendent of Financial Institutions (OSFI), commented that pension plan assets of federally regulated occupational pension plans were eroded by stock market declines in autumn 2008 while pension liabilities increased due to extremely low and declining long-term interest rates that reduced the predicted return on investment. She told the Committee that, due to stock market improvements in 2009, the average solvency ratio increased from 0.85 at December 2008 to 0.90 at December 2009, and 40% of federally regulated private pension plans had a solvency ratio of less than 0.80 at the end of 2008, a proportion which had fallen to 15% at the end of 2009.

Solvency issues were also addressed by Mr. Rock Lefebvre, of the Certified General Accountants Association of Canada, who shared preliminary analysis of the 2008 year-end results; these results revealed a $300-billion funding deficit for all private-sector defined benefit pension plans. He urged the creation of a target solvency margin related to the risks associated with a pension plan’s assets and liabilities. Mr. John Farrell, of Federally Regulated Employers—Transportation and Communications (FETCO), stated that defined benefit plan sponsors are burdened with onerous and volatile solvency funding requirements, and Mr. Serge Charbonneau, of the Canadian Institute of Actuaries, pointed out that Crown corporations do not have a bankruptcy risk and thus should not be required to adhere to solvency rules.

The Public Service Alliance of Canada’s Ms. Patty Ducharme told the Committee about the November 2009 actuarial report of the Chief Actuary, which found that the pension plan for federal public service employees had an actuarial surplus. She noted that employee contribution rates are projected to increase by approximately 60% from 2005 to 2013 in order to increase the ratio of employee-to-employer contributions.

Mr. Farrell noted that the majority of FETCO members sponsor defined benefit pension plans, and urged modernization of pension standards in order to support the viability of existing defined benefit plans by enabling plan sponsors to continue to manage risks. He told the Committee that FETCO generally supports the fall 2009 changes to the Pension Benefits Standards Act, 1985, but indicated that permanent changes in pension plan funding rules are needed, such as more frequent actuarial valuations and more adequate reserves for lower future investment returns.

The Rotman International Centre for Pension Management’s Mr. Keith Ambachtsheer, who appeared on his own behalf, commented that—originally—defined benefit pension plans were seen by the employer and employees as a gratuity; this gratuity is now seen as a financial contract between the employer and plan members. Mr. Pierre St-Michel, who appeared on his own behalf, reinforced the fact that a pension is a contract when he said that pension deficits are really a subsidy from the employee to the employer, since promised benefits are reduced. In highlighting the situation that now exists in the Netherlands, Mr. Ambachtsheer proposed that defined benefit pension plans should be regulated in a manner similar to banks and insurance companies: risk on a balance sheet must have adequate buffers against adverse outcomes. Ms. Cameron suggested that effective plan governance is important in controlling risk, and suggested that regular “scenario testing” or revaluation of current assets and future liabilities using various market outcomes could help pension plan administrators understand, and prepare for, future risk.

OVER-CONTRIBUTIONS TO A PENSION PLAN AND OWNERSHIP TO SURPLUS

Mercer’s Mr. Malcolm Hamilton, who appeared on his own behalf, told the Committee that one of the problems with defined benefit pension plan rules is that employers that over-contribute in order to create a reserve for lower future investment returns may not be fully entitled to the surplus if the reserve is not eventually required. The Organisation for Economic Co-operation and Development’s Mr. Edward Whitehouse, who appeared on his own behalf, indicated that the current rules on over-contributions were introduced when investment returns were high and tax authorities were concerned about the sheltering of business income from taxation through contributions to the pension plan. In the view of Mr. Lefebvre, clarification is needed about the ownership and distribution of pension surpluses on plan termination.

Mr. Ambachtsheer noted that the issue of pension surplus ownership is a property rights problem which could be resolved through individual pension accounts that are owned by the employees. Mr. Charbonneau advocated the creation of a pension security trust that would be separate from, but complementary to, a defined benefit pension fund. In his model, the employer would own the funds in the pension security trust, receive a tax deduction for contributions and be taxed on withdrawals.

PENSION PRIORITY DURING EMPLOYER INSOLVENCY AND WINDING-UP OF THE PENSION PLAN

Regarding creditor status in relation to pension plan actuarial deficits, Ms. Diane Urquhart, Ms. Diane Contant Blanchard, Mr. Tony Wacheski, Ms. Gladys Comeau, Mr. Paul Hanrieder and Mr. Pierre St-Michel, who appeared before the Committee on their own behalf, as well as Mr. Donald Sproule of the Nortel Retirees’ and Former Employees’ Protection Committee, Mr. Robert Farmer of the Bell Pensioners' Group, Mr. Phil Benson of Teamsters Canada and Mr. Gaston Fréchette of the Association des retraités d'Asbestos Inc., advocated higher priority for pension deficits in the event of employer insolvency. Mr. Hanrieder suggested that changes to the priority of pension deficits during bankruptcy should apply to current bankruptcy proceedings of bankrupt employers. Mr. Sylvain de Margerie and Ms. Josée Marin, both appearing on their own behalf, proposed that unregulated pension plans for those on long-term disability should be granted higher priority during bankruptcy proceedings.

Mr. Farrell was concerned that granting higher priority to pension deficits would erode the savings of individuals without defined benefit pension plans, since various types of private investments hold corporate bonds that could be affected by the suggested priority change. He also argued that higher priority for pension deficits would place companies that offer defined benefit plans at a competitive disadvantage in relation to Canadian companies that do not offer such plans and in relation to international companies that are located in jurisdictions without such a super-priority status. In addition, he argued that—with the suggested change—credit ratings for companies that sponsor defined benefit plans could be reduced due to the potential liability associated with a pension plan deficit; a lower credit rating could increase the cost of capital.

Mr. Hamilton commented that higher priority for pension deficits could result in conditional loans to corporations in the sense that the terms of the loan could enable changes to be made if the company introduced, or improved the benefits of, a defined benefit pension plan. Mr. Michel Benoit, legal counsel to certain federally regulated private-sector employers, stated that higher priority for pension deficits would increase the cost of credit for employers; in his view, the best protection for pension plan members is a financially sound employer. Ms. Melanie Johannink, who appeared on her own behalf, told the Committee that, in Australia, the increased cost of credit for employers was minimal after bankruptcy laws were changed to grant employer pension plan contributions a priority status above unsecured creditors. Mr. Ambachtsheer commented that most corporations have closed their defined benefit pension plans to new employees and that changes to bankruptcy laws would only have an effect during the winding up of existing plans and would not protect future employees.

Mr. Charbonneau advocated changes that would decrease the costs associated with annuities; in particular, during the winding up of a pension plan, annuity purchases could be spread out over time rather than purchased at the same time for all retirees. Ms. Norma Nielson, who appeared on her own behalf, told the Committee that a possible solution for a plan whose sponsor is bankrupt is to have the Canada Pension Plan Investment Board assume administration of the plan’s investments. Mr. Donald Raymond, of the Canada Pension Plan Investment Board, indicated that such a role is not part of the Board’s current legislated mandate, and additional infrastructure would be required to ensure that the funds associated with the plans sponsored by insolvent employers would be segregated from the Canada Pension Plan’s assets.

NATIONAL INSURANCE FUND

In addition to a change in priority status, witnesses provided other suggestions in relation to pension protection in the event of employer insolvency. For example, Mr. Serge Cadieux, of the Canadian Office and Professional Employees Union, supported an insurance fund for defined benefit pension plans; according to his proposal, such a fund should be financed by premiums paid by all sponsors of defined benefit pension plans as well as by a new tax on financial transactions cleared and settled by a securities exchange.

Ms. Katherine Thompson, of the Canadian Union of Public Employees, Mr. Réjean Bellemare, of the Fédération des travailleurs et travailleuses du Québec, and Ms. Ducharme supported the creation of a federally sponsored pension insurance program funded through premiums paid by all defined benefit plan sponsors. Mr. Joel Harden, of the Canadian Labour Congress, advocated an insurance premium of $2.50 per plan member to a maximum of $12 million per year per pension plan, while Mr. Bellemare supported a premium based on the investment risk of a particular pension plan.

The notion of an insurance scheme for bankrupt pension plan sponsors was not supported by Mr. Whitehouse or by Mr. Ambachtsheer, who held the view that the schemes have not worked in other countries. Mr. Ian Markham, of FETCO, also did not support a national insurance fund since, in his view, well-run pension plans would be subsidizing plans with more investment risk.