Pension Trial Resumes February 26th

February 20, 2007 On an on-going basis and since last fall, CAPE has been contacted by members regarding rumours about a possible settlement being arrived at in regards to the pension surplus court case. All of these rumours, whether they concern the public service or the DND or the RCMP superannuation plans are unfounded. CAPE, as a party to one of the three court cases, has not been approached, formally or informally, regarding settling this matter out-of-court. Nor have we noted any intention on the government’s part to enter into discussions to do so. As indicated previously, the second part of the trial will commence the week of February 26, 2007.
A number of members have also requested advice as to whether they should postpone their retirement date in the hope that the Courts rule in our favour or that an out-of-court settlement is reached. It is impossible to predict the outcome of the court case and no out-of-court settlement is expected. This being said, it is more than likely that the party (parties) that is (are) unsuccessful will appeal the decision of the trial court, possibly all the way to the Supreme Court. If that were the case, the legal procedures will be quite lengthy, probably up to ten years. Accordingly, we are not advising our members to defer their retirement while we await a decision from the trial court and for a final decision if the matter is appealed all the way to the Supreme Court.
CAPE will endeavour, depending on the reasons rendered by the last court trying this matter, to obtain a redress that will benefit as many past and current superannuation plan participants as possible.