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Essential Skills for Pension Committee Members - Federated Press

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Trust, Investment<br />

& Regulation<br />

Kathryn M. Bush,<br />

Blake, Cassels & Graydon LLP<br />

1:15-2:00<br />

EFFECTIVE ACCOUNTABILITY FOR PENSION MANAGEMENT:<br />

TCC PENSION PLAN BEST PRACTICES<br />

Brian Leck, General Counsel, Toronto Transit Commission<br />

Establishing and implementing a reasonable pension plan governance<br />

policy will not completely insulate a sponsor from liability, but the absence<br />

of a policy or the failure to implement it is likely to be a factor<br />

that encourages a court to find against a plan sponsor. A properly constructed<br />

governance process coupled with periodic governance audits<br />

should allow plan sponsors to identify potential sources of obligation<br />

and deal with them be<strong>for</strong>e they result in liability. This discussion details<br />

how the Toronto Transit Commission’s pension plan fosters effective<br />

accountability and governance practices.<br />

· Implications of the recent draft of CAPSA pension plan governance<br />

principles, guidelines and self assessment questionnaire<br />

· Integrating pension governance into corporate governance<br />

· Fiduciary duties and responsibilities<br />

· Establishing internal procedures <strong>for</strong> managing pensions<br />

· Monitoring the fund on an ongoing basis<br />

2:00-2:45<br />

A UNION PERSPECTIVE ON PENSION PLAN GOVERNANCE<br />

Jo-Ann Hannah, National Representative, CAW-Canada<br />

As one of the largest private-sector unions in Canada (with almost<br />

200,000 members), the CAW-Canada has made employer-sponsored<br />

pensions a priority in bargaining. The CAW-Canada has successfully<br />

negotiated and maintained pension plans with small employers as well<br />

as large corporations such as Air Canada, General Motors and CN<br />

Rail. The session will cover:<br />

· Different approaches among unions on pension plan governance<br />

· Governance issues with defined contribution plans<br />

· How unions and plan sponsors can work together<br />

in the interests of plan members<br />

2:45-3:00 NETWORKING BREAK<br />

3:00-3:45<br />

OSFI’S EXPECTATIONS FOR MANAGING PENSION PLAN RISK<br />

Lisa Peterson, Manager, Private <strong>Pension</strong> Plans Division,<br />

Office of the Superintendent of Financial Institutions Canada<br />

Risk management is the process of analyzing exposure to risk and<br />

developing & implementing mechanisms to handle such exposure. The<br />

Office of the Superintendent of Financial Institutions Canada (OSFI),<br />

which supervises and regulates federally regulated private pension<br />

plans, assesses the quality of risk management at two levels of control:<br />

operational management and oversight functions. This session<br />

will examine OSFI’s expectations with respect to managing pension<br />

plan risk, including:<br />

· OSFI’s Risk Assessment Framework <strong>for</strong> pension plans<br />

· Risk components <strong>for</strong> pension plans<br />

· Quality of risk management<br />

· Stress testing: A risk management tool<br />

3:45-4:30<br />

LIABILITY AND THE FIDUCIARY<br />

Kathryn M. Bush, Blake, Cassels & Graydon LLP<br />

SESSION 2<br />

The legal issues facing plan fiduciaries today are complex, and making<br />

a mistake can have serious consequences not only <strong>for</strong> the plan sponsor,<br />

but also <strong>for</strong> pension committee/board of trustees personally. This<br />

discussion details the legal framework governing the role of the plan<br />

fiduciary, with a view to helping both new and experienced pension<br />

committee members and plan trustees make better decisions.<br />

· A plan sponsor’s "two hats"<br />

· The fiduciary standard of care<br />

· Legal pitfalls in daily plan operation<br />

· The oversight role of a pension committee/board of trustees<br />

· What happens when a fiduciary breaches its standard of care?<br />

· Protecting yourself from personal liability: essential skills<br />

· Legal requirements <strong>for</strong> ongoing fiduciary training<br />

What Does It Take To Establish A Successful <strong>Pension</strong> <strong>Committee</strong>?<br />

Monday, November 21 st

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