Member Appeals Policy

Purpose

This document sets out the Plan’s practices and procedures for adjudicating appeals through the ad hoc Appeals Subcommittee of the Board of Trustees. These practices are subject to amendment by the Board at its sole discretion, provided that they remain consistent with legislation and regulations, the Sponsorship and Trust Agreement, the Plan Text and the Code of Conduct.

Appeals hearings

Any member directly affected by a decision of Plan staff in the application of the pension plan rules can appeal all or part of that decision by written notice to the Appeals Subcommittee, in accordance with these practices and procedures. The appeals process has three steps, of which an in-person hearing before the Appeals Subcommittee is the third potential step. To receive a hearing, members must exhaust other avenues of dispute, including the first two steps, and must provide complete documentation on all issues to the Subcommittee.

Appeals registration

The Board of Trustees has appointed the CEO and Plan Manager to administer the appeal process on its behalf. All notices and other communications concerning an appeal should be directed to the CEO and Plan Manager, who will ensure that all requests are presented to the Board at a future meeting and that ongoing monitoring of issues is maintained. The Notice of Appeal form is under development, and contact information for the CEO and Plan Manager can be found here.

What matters can be appealed?

Any decision of Plan staff regarding the application of the pension plan rules can be appealed. You must have a written explanation of your situation from Plan staff before the appeal process can begin.

Third party/Legal representation

You may authorize another person, such as a lawyer, to initiate or pursue an appeal on your behalf. You will find the Appointment of Representative form on the Plan’s website when it becomes available. The form will include authorization granting the representative access to your personal information.

Upon receipt of the form, the CEO and Plan Manager will direct all correspondence related to the appeal to your representative. You may revoke any such authorization by written notice to the CEO and Plan Manager. You will be bound by all actions of the representative prior to a written revocation being received.

Process

1. All appeals materials must be directed to the following address, by regular or registered mail, or delivered in person:

CAAT Pension Plan
2 Queen Street East
Suite 1400, P.O.Box 22
Toronto, ON   M5C 3G7

Re: Member Appeal

or by fax at 416.673.9028. Please do not use email, which is not secure, to deliver appeals or other sensitive information.

2. Under Article 7.06 (g) of the Sponsorship and Trust Agreement, a three-step appeals process is established as follows:

Step 1 - Explanation of decision by the Manager, Pension Administration, CAAT Pension Plan

Step 2 - Administrative review by the Director, Pension Operations, CAAT Pension Plan

Step 3 - Appeal to the Appeals Subcommittee of the Board of Trustees as established under article 5.15 of the Sponsorship and Trust Agreement.

The Appeals Subcommittee is an ad hoc committee composed of members of the Board of Trustees. The CEO and Plan Manager will be a standing non-voting member of the Appeals Subcommittee, will act as permanent secretary, will provide the Subcommittee with any needed professional and administrative support, and will not make or second any motions. The CEO and Plan Manager can appoint a designate for this role.

3. Information on the appeals process will be communicated to Plan members through the Plan’s website, which will also include the necessary forms when they become available.

4. The Manager, Pension Administration for step 1, the Director, Pension Operations for step 2 and the Appeals Subcommittee for step 3 must review and render a written decision on the appeal.

5. Appeals files will contain the appellant’s submissions and supporting material, copies of all relevant information or records from the appellant’s pension file, copies of all relevant information or records collected by Plan staff on the Board’s behalf from any employer affected by the appeal, relevant legislative and procedural documents, and any appeal report(s) prepared by the CEO and Plan Manager.

Step 1: Explanation of decision by the Manager, Pension Administration

1.1 The appellant completes an Explanation of Decision form (under development) and submits it to the Manager, Pension Administration. The completed form must be received within 60 days of the communication of Plan staff’s decision on the file.

1.2 Within 60 days of receipt of the completed form, the Manager, Pension Administration reviews the submission and sends the appellant a written explanation of the decision. As well, the Manager, Pension Administration provides further information on the Appeals process and includes an Administrative Review form (under development).

Step 2: Administrative Review by the Director, Pension Operations

2.1 Within 60 days of the date of the Manager, Pension Administration’s explanation, the appellant completes an Administrative Review form (under development) and submits it to the Director, Pension Operations with an explanation of the basis of the appeal and any additional clarifying or correcting information.

2.2 The Administrative Review form must include:

• the appellant’s name, address and phone numbers
• the Appointment of Representative form, if any
• a copy of the written decision being appealed
• a detailed explanation of the objections to the decision and a description of any errors or omissions relating to the decision
• a statement of the facts supporting the appeal
• a statement of the relief sought, and
• the signature of the appellant or representative.

2.3    The Director, Pension Operations makes a decision or appeal report within 60 days of receipt of the completed Administrative Review form. This appeal report, to be provided to any identified affected party, is a formalized report on the issue that clearly addresses the basis of the administrative decision and the reasons for the decision. The Director, Pension Operations also includes further information on the Appeals process and a Notice of Appeal form.

Step 3: Appeal to the Appeals Subcommittee of the Board

3.1    Within 60 days of receiving the appeal report, the appellant completes a Notice of Appeal form and submits it to the CEO and Plan Manager with an explanation of the basis of the appeal and any additional clarifying or correcting information. If the appellant does not meet this deadline, the Appeals Subcommittee may grant an extension of time to file a Notice of Appeal. In this case the appellant must demonstrate by written application sufficient reason why the Notice of Appeal was not filed on time.

3.2    The CEO and Plan Manager forwards the appellant’s submission to the Appeals Subcommittee of the Board, which, if all appeals materials are in order, appoints two members to hear the appeal.

3.3    Within 90 days of receiving the submission from the CEO and Plan Manager, the Appeals Subcommittee must collect and provide to all affected parties copies of all documents, information or records relevant to the subject matter of the appeal. If the Appeals Subcommittee reasonably believes that an employer may have within its possession or control relevant documents, information or records, it must write to the employer to request them. The Board of Trustees has the power to do this under Articles 7.06 (b), (d), and (h) of the CAAT Pension Plan Sponsorship and Trust Agreement. If documents are subsequently received from the employer, the Appeals Subcommittee must promptly provide copies to all affected parties. 

3.4    Within 90 days of receiving the documents, the appellant must make any additional submissions to the CEO and Plan Manager. The CEO and Plan Manager will provide copies of the additional submissions to the Appeals Subcommittee.

3.5    Within 90 days of receiving additional submissions from the CEO and Plan Manager, or receiving advice that there are no additional submissions, the Appeals Subcommittee may indicate it wishes to comment on the submissions. If so, the Appeals Subcommittee will have 90 days to prepare an Appeal Report and submit it to the CEO and Plan Manager. The CEO and Plan Manager will provide a copy of any Appeal Report to the appellant and any other affected party.

3.6    The appellant will have 90 days from receipt of any Appeal Report to reply to it. The CEO and Plan Manager will provide a copy of any such reply to the Appeals Subcommittee.

3.7    Unless the appeal is resolved at this point, the CEO and Plan Manager submits the appeal to the Appeals Subcommittee for decision.

3.8    The CEO and Plan Manager prepares the appeal file for consideration by the Appeals Subcommittee. This file will contain the Explanation of Decision report, the Administrative Review report, copies of all submissions, relevant legislative and procedural documents.

3.9    An appellant or the Appeals Subcommittee may request from the CEO and Plan Manager an extension of any time limit applicable to the appeal. Every such request must indicate the circumstances that necessitate an extension.

3.10 Under Article 5.15 of the Sponsorship and Trust Agreement, the Appeals Subcommittee has all the jurisdiction and may exercise the powers and perform the duties of the Board of Trustees.

3.11  The Appeals Subcommittee will confirm, vary or reverse the decision, order or ruling being appealed. If the two members of the Appeals Subcommittee cannot agree, the appeal will be considered denied, and the case will be referred to the full Board of Trustees for an administrative review. 

3.12 The Appeals Subcommittee will provide the appellant and any other affected party with a written decision within 90 days of the conclusion of an appeal. The written decision will set out its reasons, the relevant facts and evidence considered, and any legislation or Plan rules on which the Appeals Subcommittee relied.

3.13  There is no recourse within the Plan to review a decision of the Board of Trustees.

Withdrawing or abandoning an appeal

An appeal can be withdrawn at any time during the appeal process when the appellant provides a written and signed notice. The Appeals Subcommittee will then issue a discontinuance of proceedings to all parties, indicating that the appeal has been withdrawn and the record is closed.

If the appellant does not meet the deadlines for making submissions and does not make further contact with the Plan within a reasonable time period, the Appeals Subcommittee may also issue a discontinuance of proceedings to all parties, on the premise that the appeal has been abandoned.

Confidentiality

One copy of the appeal materials, together with the minutes and other records of the Appeals Subcommittee proceedings, will be kept on file. All other copies will be destroyed. Decisions made on appeals will be retained for reference on a “no names’ basis.