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Author : Ari N. Kaplan,Mitch Frazer Publisher : Essentials of Canadian Law Page : 668 pages File Size : 41,9 Mb Release : 2013 Category : Law ISBN : 1552213390
The second edition brings pension law up to date with consideration of recent cases such as Re Indalex, in which the Supreme Court of Canada examined how to allocate the risks of an employer's insolvency among its creditors. This edition tracks the shift of the law of trusts within pension jurisprudence from "classic" trusts to "modern" trusts; the reform of minimum pension standards; new plan design legislation being offered to respond to decreasing pension plan coverage among the Canadian workforce; the development of target benefit plans; and innovative plan designs such as New Brunswick's new "shared risk" plan model. The book will be an invaluable resource for anyone who needs to understand this complex legal and regulatory environment including lawyers, human resources officers, plan administrators and trustees, actuaries, accountants, public servants, and union officials.
Pensions, Employment, and the Law by Richard Nobles Pdf
Examines the legal framework for private occupational pension schemes and whether they adequately protect employees' interests and pension fund investments.
Workplace pensions are a vital part of Canada’s retirement income system, but these plans have reached a state of crisis as a result of their low coverage and inadequate, insecure, and unequally distributed benefits. Reviewing pension plans through a legal and historical lens, Empty Promises reveals the paradoxical effects and inevitable failure of a pension system built on the interests of employers rather than employees. Elizabeth Shilton examines the evolution of pension law in Canada from the 1870s to the early twenty-first century, highlighting the foreseeably futile struggle of legislators to create and sustain employees’ pension rights without undermining employers’ incentives. The current system gives employers considerable discretion and control in pension design and administration. Shilton appeals for a model that is not hostage to business interests. She recommends replacing today’s employer-controlled systems with pensions shaped by the public interest, expanding mandatory broad-based or state-pension systems such as the Canada Pension Plan to generate pensions that respond to the changing workplace and address the needs and interests of retirees. Engaging with the long-running debate on whether Canadians should look to government or to the private sector for retirement income security, Empty Promises is a crucial work concerned with the future of the Canadian retirement system.
Save time with the only dedicated text on the market that deals with the intersection of pension and employment law issues. Alongside a comprehensive overview of pensions provision in the UK, this title is organised into seven parts to guide you through the distinct issues concerning these intersecting disciplines. These include the obligations of employers, unlawful discrimination, employment contracts, employers' powers and consultation, TUPE and the cessation of employment. The Second Edition has been fully updated to include: - New cases across all seven parts of the work, assessing their impact on practice and procedure, including Walker v Innospec in the Supreme Court and IBM v Dalgeish and Bradbury v BBC in the Court of Appeal - New chapters covering: - disability discrimination and pensions - the definition of pensionable pay in a pension trust - Braganza duties on employers - whether TUPE transfers third party obligations - The impact of Brexit on pensions provision in the UK This title is included in Bloomsbury Professional's Employment Law and Pensions Law online services.
Employee Benefits and the Part-time Worker by Robert Frederick Campling Pdf
From the Abstract: This paper attempts to examine part-time employment from both a legal and economic perspective, looking at the extent of part-time employment, the compensation arrangements for part-time employees with particular emphasis on benefits other than wages, and the apparent inequities in these arrangements. The treatment of part-time workers under existing employment standards and collective bargaining legislation is reviewed and the potential impact of the Charter of Rights and Freedoms is examined. Finally, the actual cost of prorating benefits for part-time workers or paying cash in lieu of benefits is examined within the framework of the model developed in 1982 by Reid and Swartz. Overall, the available data seems to indicate that these costs are not overly excessive.
Pensions and Employment Law by Wyn Derbyshire,Stephen T. Hardy Pdf
Useful for anyone advising on employment or pensions issues or preparing a case in this area of law. This work brings together points of overlap between these two practice areas and pulls out key issues to be considered when preparing a case. It also aims to demystify these areas of law for generalists and provide a practical guide to dealing with more complex issues that can take up valuable time.
Pensions by Sinéad Agnew,Paul S Davies,Charles Mitchell Pdf
State pensions are the largest item in the UK social security budget, costing £96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was £90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another.
Annotated Canada Pension Plan and Old Age Security Act by Gordon Killeen Pdf
The one-stop source for mastering CPP disability claims, government pensions entitlement and procedures, employment status, director's liability for remittances, and more! Whether you have to handle a CPP or OAS claim, calculate and remit withholdings on employee compensation, ascertain the employment status of a worker or tackle a procedural or jurisdictional issue before the Social Security Tribunal, Annotated Canada Pension Plan and Old Age Security Act, 21st Edition, 2022/2023 is for you. This handy work is the only portable, one-stop resource in this area for professionals on the go. Containing the full text of the CPP and regulations, OAS Act and regulations, Parts V VI of the Department of Employment and Social Development Act and Regulations along with section-by-section annotations and cross references throughout, you'll have convenient access to expert commentary and explanations of the legislative provisions and court and tribunal decisions regarding CPP, OAS and related procedural issues. The book's unique and comprehensive CPP disability table shows how the courts and tribunals have applied the legislation to various situations and ailments. The book also offers up-to-date coverage of pending legislation and new cases, as well as key decisions of the Social Security Tribunal and former Pension Appeals Board. Highlights of This Edition Significant recent amendments to the Old Age Security Act Recent Key Federal Court decisions on the following topics: constitutionality of survivor's pension ( Landau ); articulating a test for incapacity ( Blue ); determinations of conjugal relationship under provincial law not binding under CPP ( Havaris ); date for end of employment where applicant fired before end of contract ( Pooran ); inability to work consistently ( Riccio ); and addressing moot issues ( Mudie ) Recent Social Security Tribunal decisions addressing such topics as: timeline for returning to Canada under the OASA university provision ( I.B. ); remedy where investigation reveals application did not meet requirements for OAS ( M.B. ); delaying prescribed treatment for disability until after MQP ( A.H. ) Who Will Benefit Pension and Benefits Lawyers - Keep abreast of recent changes to the law and the latest tribunal and court decisions that affect the interpretation of government pension legislation Employment lawyers - Ascertain whether a worker is an employee, or a dependent or independent contractor Corporate and tax lawyers - Ensure that the required CPP remittances are made by employers Human Resource Professionals - Explain the procedural and adjudicative framework for dealing with disability claims and pension entitlements to employees Accountants - Calculate the CPP remittances of employees Legal Clinics - Advise and assist elderly or disabled clients obtain the assistance or pension they deserve.
The third edition of Pension Law tracks regulatory developments, including the shift from solvency to going-concern funding as reflected by exemptions granted to public sector plans, conversions to target benefits and jointly sponsored plans, and industry consolidation. It also discusses major Supreme Court decisions since the last edition in 2013.