Osgoode Professional Development

Module 1 - February 1, 2011, 9:00 a.m. – 4:30 p.m.

The Retirement Savings System

		Saving and investing over the life cycle – the role of pensions Registered Pension Plans - defined benefit - defined contribution - multi-employer - jointly sponsored - public sector Canada/Quebec Pension Plan and OAS Supplementary Pension Plans Tax-Assisted Non-Pension Retirement Savings Plans Regulatory framework – principal areas of legislation - pension legislation - income tax legislation - commodity tax legislation - employment standards - human rights Trust principles and emerging case law on fiduciary obligations Overview of taxation of pension plans and retirement savings plans: the integrated system of tax assisted retirement savings – how pension plans and RRSPs work together under income tax laws Pensions upon marriage breakdown: problems and pitfalls

Keynote Luncheon Address The Hon. Justice Eileen E. Gillese, Court of Appeal for Ontario former Dean of Law, Western University and Pensions Law Professor

Faculty Mark Newton, Heenan Blaikie LLP Malcolm Hamilton, Senior Partner, Mercer Human Resource Consulting David Wentzell, McMillan LLP Scott Perkin, Director of Plan Policy, Corporate Privacy Officer Ontario Teachers Pension Plan Sheryl Smolkin, Lawyer, Writer and Editor


Module 2 - February 8, 2011, 9:00 a.m. – 4:30 p.m.

Pensions and the Employment Relationship

		Pensions in the non-union workforce - basic principles of the employment relationship - pensions as part of total compensation - changing terms of employment - termination of the employment relationship Pensions in collective bargaining - employer-union-employee relationship - incorporation of pension plan into a collective agreement - jurisdictional issues: arbitrator, pension regulator, courts Employment standards and human rights considerations

Faculty Terra L. Klinck, Hicks Morley Hamilton Stewart Storie LLP Hugh O’Reilly, Cavalluzzo Hayes Shilton McIntyre & Cornish LLP Janet G. Downing, Lawyer/Senior Consultant, Towers Watson Jeffrey P. Sommers, Blake, Cassels & Graydon LLP John Craig, Heenan Blaikie LLP


Module 3 - February 15, 2011, 9:00 a.m. – 4:30 p.m.

Assets and Liabilities: The Funding and Investment of Pension Plans

		Funding requirements in pension and income tax legislation Types of actuarial reports Basic actuarial principles, assumptions and methods Going concern funding, solvency funding, wind-up funding Pension accounting, financial statements Pension investment principles Regulatory requirements and reform of pension fund investment regulations Relevance of income tax restrictions to investments by pension funds Prudent person Risk management Investment strategies Asset liability studies Conversion of DB to DC – legal and structural considerations Different types of DC plans and administration/communication challenges with DC plans MEPPS and other multiple employer plans

Faculty Gregory J. Winfield, McCarthy Tétrault LLP David Gordon, Deputy Superintendent, Pensions, Financial Services Commission of Ontario Jill Wagman, Principal at Eckler Ltd. Ana Caçoilo, Vice President, Research and Development, OMERS Investment Management Inc. Jeremy J. Forgie, Blake, Cassels & Graydon LLP John Poos, Executive Director, OMERS Sponsors Corporation


Module 4 - February 22, 2011, 9:00 a.m. – 4:30 p.m.

Pensions in Corporate Transactions and Restructuring

		Structure and purpose of a deal Share and asset transactions Division or merger of pension plans (DB/DC) Due diligence - plan documents - actuarial reports - accounting reports, financial statements Reps, warranties, covenants and indemnities Transamerica and other cases What are the different insolvency or restructuring mechanisms and how they impact on pension plans – restructuring, financing, receivership, bankruptcy CCAA, BIA PBGF Legal cases Important pension reform initiatives: Pension Benefits Amendment Act, 2010 (Bill 236)

Faculty Douglas Rienzo, Osler, Hoskin & Harcourt LLP Jana Steele, Goodmans LLP J. David Vincent, Ogilvy Renault LLP Andrew Hatnay, Koskie Minsky LLP Gary Nachshen, Stikeman Elliott LLP


Module 5 - March 1, 2011, 9:00 a.m. – 4:30 p.m.

Pension Governance and Risk Management

		Basic principles Statutory framework Common law principles Types of risk Governance models: single employer; multi-employer; new model – jointly governed target benefit plan Governance policies (funding, expenses, record keeping, etc.) Agents and service providers Special considerations for DB plans and DC plans

Faculty John Poos, Executive Director, OMERS Sponsors Corporation B. Bethune A. Whiston, Partner, Morneau Sobeco Florence A. Holden, Principal, Towers Watson Mary M. Picard, Fraser Milner Casgrain LLP Susan G. Seller, Bennett Jones LLP


Module 6 - March 8, 2011, 9:00 a.m. – 4:30 p.m.

Insolvency, Pension Litigation Issues and the Future of Pensions

		Pension plan funding during insolvency Sorting out the priorities of claims Key restructuring strategies The roles of stakeholders The role of FSCO The impact of insolvency on governance Overview of major issues in pension litigation Review of landmark decisions Pensions and class actions The future of pension reform: a roundtable discussion with the experts

Faculty Simon Archer, Koskie Minsky LLP, Research Fellow, Centre for Comparative Research in Law and Political Economy, York University Jeff W. Galway, Blake, Cassels & Graydon LLP Ronald Davis, Associate Professor, Faculty of Law University of British Columbia David Gordon, Deputy Superintendent, Pensions Financial Services Commission of Ontario Mark Zigler, Managing Partner, Koskie Minsky LLP Darrell Brown, Sack Goldblatt Mitchell LLP Note: There will be a take-home assignment at the end of this module.