Experience

Pension and Benefit Litigation Experience

Involved in disputes over or involving:

• Surplus allocation among members
• Reduction in post-retirement benefits
• Surplus ownership
• Contribution holidays
• Trustee deadlock resolution
• Surplus sharing
• Enhanced early retirement entitlement
• Entitlement to pre-retirement death benefit
• Recovery of benefit overpayments and third party reimbursements
• Disability benefit denial
• Trustee advice and direction

Pension and Benefits Practice (Non-Litigious)

• Advises over 30 boards of trustees of multi-employer pension or benefit plans
• Helped introduce joint trusteeship to several public sector pension plans in British Columbia, Alberta and Manitoba
• Advises trustees and other plan sponsors on fiduciary liability
• Prepares opinions on, and liaises with regulators and fundholders regarding, surplus ownership, contribution holidays and payment of administrative expenses
• Drafts and amends plan texts and trust agreements for RPPs, health and welfare plans, DPSPs, EPSPs, group RRSPs, RCAs and IPPs
• Drafts and implements supplemental pension arrangements
• Drafts and implements letters of credit trust arrangements to secure supplemental pension arrangements or comply with new solvency rules
• Helped establish new defined benefit multi-employer pension plan
• Advises on compliance with CAPSA CAP guidelines for participant directed defined contribution plans
• Advises on compliance with CAPSA Governance guidelines
• Implements PIPA compliant privacy policies for boards of trustees of pension and benefit plans

News / Publications

Pension Dispute Arbitration Prevails Over Class Proceedings (July 30, 2007)

Court of Appeal Upholds Decision on Unequal Benefits Reduction in Multi-Employer Plan (November 1, 2006)

Ontario Divisional Court Disallows Plan Amendments Permitting Payment of Administrative Expenses from Pension Fund; Orders Repayment (May 30, 2006)

Pension Arbitration Trumped by Class Proceeding Legislation (March 12, 2006)

How Class Action Suits are Changing the Pension and Benefits Landscape (November 10, 2004)

Conferences

Murray has chaired and presented at many Pension and Employee Benefits Law conferences over the last 15 years. Some of his most recent engagements include:

"Recent Legal Developments", 16th Annual Essential Tasks of Pensions and Benefit Plan Trustees, Pacific Business & Law Institute, Vancouver, BC (January 27, 2010), Chair and Speaker

"Recent Legal Developments", 15th Annual Essential Tasks of Pensions and Benefit Plan Trustees, Pacific Business & Law Institute, Vancouver, BC (February 24, 2009), Chair and Speaker

"Legal and Legislative Developments, Western Canada," International Foundation of Employee Benefit Plans 41st annual Canadian employee Benefits Conference on (August 2008)

"New Legal Challenges Facing Trustees and Plan Administrator," 31st Annual Pension, Health & Welfare Seminar of the British Columbia & Yukon Territory Building & Construction Trades Council (May 2008)

"The Essential Tasks of Pension and Benefit Plan Trustees," Pacific Business and Law Institute Conference (February 2008), Chair (has chaired this conference every year since 1999)

"3rd Annual, The Essential Course in Pensions, The Legal and Practical Guide for Lawyers and Other Professionals," Continuing Legal Education Conference, Toronto, Ontario (October 2007)

"Legal and Legislative Developments, Western Canada," International Foundation of Employee Benefit Plans 40th Annual Canadian Employee Benefits Conference (August 2007)