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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.
Author : Ari N. Kaplan,Mitch Frazer Publisher : Essentials of Canadian Law Page : 668 pages File Size : 44,6 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.
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.
Annotated Canada Pension Plan and Old Age Security Act by Gordon Killeen Pdf
"The Annotated Canada Pension Plan and Old Age Security Act is the first in-depth treatment of these two important statutes, as they have been interpreted by the case law. The authors review the legislation, regulations and decisions of the courts, the Pension Appeals Board and the Review Tribunal, providing exclusive insights into the law and the different ways in which it can be applied. The 2009 edition updates the legislation and digests of decisions issued by the Supreme Court of Canada, Federal Court, Pension Appeals Board and the Review Tribunal over the last year. All pending legislation will be incorporated into the Acts."--pub. desc.
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.
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.
"Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about ?association? and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work."--