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What is Pensions & Employee Benefits?

Best Employee benefits and pensions lawyers in Canada as ranked by Lexpert

A employee benefits and pensions lawyer is generally considered to work in the following areas: structuring and establishment of pension and benefit plans; group insurance arrangements; taxation; fiduciary responsibilities; questions of surplus entitlement; the implications of planned acquisitions, mergers, reorganizations and spin-offs; and executive compensation arrangements such as offshore trusts compensation arrangements, equity compensation, executive terminations, retiring allowances and deferred income arrangements.

 

Please note that the Lexpert Directory has separate practice areas for:

  • Employment lawyers
  • Labor relations lawyers
  • Occupational health and safety lawyers
  • Workers compensation lawyers
  • Workplace human rights lawyers

 

What are pensions and benefits in Canada?

Generally, employee benefits are those minimum entitlements of employees which are primarily required by the law and may be additionally supplemented by any agreement by the employer and the employee through a contract. Said contract may be agreed upon before or during the engagement of the employee.

 

Part of the employee benefits are pensions or a pension plan. A pension plan obligates the employer by law to regularly remit contributions to a pool of funds, so that an employee would become eligible for future payments after their retirement or as they reach the certain age set by law. This pension plan and its pool of funds are usually managed by the government or the state, which is also referred to as a social security system. There are also instances where private pension plans or funds are set up and managed by the employer.

 

A pensions lawyer, who may also be at the same time an employee benefits lawyer, works with employees and employers alike in various concerns regarding employee benefits and pension plans. As a pensions lawyer, they may help set up pension funds if the employer wishes to, or advise the employer in complying with regulations on remittance of pension taxes and mandatory contributions. They may also advise employees regarding the terms and conditions of pension plans and the benefits they may reap in the future.

 

In Canada, the state-run pension fund, or the social security system, is the Canada Pension Plan.

Canada Pension Plan

The Canada Pension Plan (CPP) is the social security system, or the retirement pension plan, for all Canadians which provides for a lifelong monthly pension payment to qualified Canadian retirees or disabled citizens. An exception from the CPP is the province of Quebec which has its own Quebec Pension Plan. In order to be qualified under the CPP, one must be at least 60 years old and must have at least one valid contribution.

 

As funds are pooled in a trust fund under the CPP, the board and its management in turn invest these money in various ways to ensure the longevity and sustainability of the CPP – for it to be able to pay off future retirees with the right amount and to extend the lifespan of the CPP itself.

 

Amount of Tax

The amount to be remitted to the CPP by the employee and the employer are generally “taxes” which are deducted from the employee’s income, in addition to employer’s share of the tax. This deduction starts when a Canadian reaches the age of 18 and starts to work, and will end by the age of 69 notwithstanding whether the employee is still working after the age of 60.

 

The payment scheme under the CPP is sometimes referred to as a “pay-as-you-go pension plan”, where a contributor may choose to do a lump-sum contribution, or a regularly deducted (monthly-basis) contribution. The specific computation for the amount to be remitted to the CPP may be provided by a pensions lawyer for accuracy and ensure compliance with it.

 

Application

When an employee reaches the age of retirement, they must apply to be able to receive CPP payments since it is not automatic. The date indicated in an application would be the starting date of the pension payments to the retiree, but there are other options, such as when a retiree prefers to start receiving payments at the age 65, or as soon as the retiree becomes qualified. The said application must be filed at least six months before the preferred date of receiving the CPP payments. However, when an application has been denied, an appeal may be sent before the Canada Pension Appeals Board.

 

Applications for CPP payments, and appeals in case of the application’s denial, are best handled by a pensions lawyer, who are experienced in dealing with the CPP, the Pension Appeals Board, and its regulations.

 

Amount of Pension

The amount of pension to be received by the retiree would largely depend based on the number of years they contributed vis-à-vis the required minimum amounts. It would also depend on different factors, such as the starting age to receive the pension (since a retiree may start receiving his/her pension at the age 60 or as late as 70), and the average earnings of the total number of years the retiree has worked for.

 

Which benefits are paid by the Canada Pension Plan?

Other than retirement pension, there are other CPP benefits that a retiree or an employee may use . These are best consulted with a pensions lawyer, or an employee benefits lawyer, to see if such benefits are available to a retiree’s or an employee’s case.

 

These other CPP benefits are:

  • Post-retirement benefits
  • Disability benefits
  • Post-retirement disability benefits
  • Survivor's pension
  • Children's benefits
  • Death benefits

 

What are the employee benefits offered in Canada?

Most minimum statutory employee benefits are found in the Canada Labour Code and are complemented by provincial or territorial labour laws. An in-house or outsourced employee benefits lawyer would typically ensure that these benefits are received by the employees, and complied with by the employers to prevent violating the Code and be penalized for it. Generally, all full-time employees are guaranteed these employee benefits. Part-time and probationary employees have a different set of benefits afforded to them.

 

The following are some of the minimum statutory employee benefits under the Canada Labour Code:

  • Minimum Wage (Section 178 (1))
  • Overtime Pay (Section 174(1))
  • Holiday Pay (Section 196(1))
  • Flexible Work Arrangements (Division I.1)
  • Annual Vacation with Pay (Section 184)

 

How many years do you have to work in Canada to get a full pension?

A pensions lawyer may help retirees and their employers determine whether such retiree is eligible under the CPP based on his/her employment history. Generally, the following conditions are set by the CPP for a retiree to get a full pension:

  • retiree must have contributed to the CPP for at least 39 years (counting from when the retiree was 18 years old until he/she reaches 65 years old); and
  • retiree's CPP contributions must have reached the maximum yearly annual pensionable earnings (YMPE) set by the Canada Revenue Agency (CRA).

 

What is the maximum pension per month you can receive in Canada?

Under the retirement plan of the CPP, various factors may affect the actual and total maximum pension per month that a retiree may receive. But for retirement pension, for the year 2023, the maximum pension is $1,306.57. The other kinds of CPP benefits (e.g., post-retirement benefit, disability benefit, etc.) also has different maximum amounts.

 

Interested in knowing more about your pension and your employee benefits? Scroll down below to consult with any of the best pensions lawyers or employee benefits lawyers in Canada as ranked by Lexpert.

 

Simon B. Archer
Simon B. Archer
Year called to bar: 2002
Toronto, Ontario
Goldblatt Partners LLP
Scott W. Bell
Scott W. Bell
Year called to bar: 1998
Toronto, Ontario
McCarthy Tétrault LLP
Andrea Boctor
Andrea Boctor
Year called to bar: 2003
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Elizabeth Boyd
Elizabeth Boyd
Year called to bar: 1992
Toronto, Ontario
Blake, Cassels & Graydon LLP
Elizabeth M. Brown
Elizabeth M. Brown
Year called to bar: 1988
Toronto, Ontario
Brown Mills Klinck Prezioso LLP
Kenneth E. Burns
Kenneth E. Burns
Year called to bar: 1998
Vancouver, British Columbia
Lawson Lundell LLP
Kathryn M. Bush
Kathryn M. Bush
Year called to bar: 1984
Toronto, Ontario
Blake, Cassels & Graydon LLP
Natalie Bussière
Natalie Bussière
Year called to bar: 1994
Montréal, Québec
Blake, Cassels & Graydon LLP
Murray T.A. Campbell
Murray T.A. Campbell
Year called to bar: 1985
Vancouver, British Columbia
Lawson Lundell LLP
Lisa C. Chamzuk
Lisa C. Chamzuk
Year called to bar: 2002
Vancouver, British Columbia
Lawson Lundell LLP
Mark T. Firman
Mark T. Firman
Year called to bar: 2009
Montréal, Québec
Stikeman Elliott LLP
Jeremy J. Forgie
Jeremy J. Forgie
Year called to bar: 1985
Toronto, Ontario
Blake, Cassels & Graydon LLP
Jordan N. Fremont
Jordan N. Fremont
Year called to bar: 2000
Toronto, Ontario
Bennett Jones LLP
Jeff W. Galway
Jeff W. Galway
Year called to bar: 1988
Toronto, Ontario
Blake, Cassels & Graydon LLP
Ross A. Gascho
Ross A. Gascho
Year called to bar: 1990
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Clio M. Godkewitsch
Clio M. Godkewitsch
Year called to bar: 2002
Toronto, Ontario
Goldblatt Partners LLP
Murray S. Gold
Murray S. Gold
Year called to bar: 1986
Toronto, Ontario
Koskie Minsky LLP
Andrew Harrison
Andrew Harrison
Year called to bar: 1989
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Andrew J.S. Hatnay
Andrew J.S. Hatnay
Year called to bar: 1991
Toronto, Ontario
Koskie Minsky LLP
Caroline Helbronner
Caroline Helbronner
Year called to bar: 1987
Toronto, Ontario
Blake, Cassels & Graydon LLP
Tina Hobday
Tina Hobday
Year called to bar: 1994
Montréal, Québec
Langlois Lawyers
Stephanie J. Kalinowski
Stephanie J. Kalinowski
Year called to bar: 1998
Toronto, Ontario
Torys LLP
Terra L. Klinck
Terra L. Klinck
Year called to bar: 1997
Toronto, Ontario
Brown Mills Klinck Prezioso LLP
Paul W. Litner
Paul W. Litner
Year called to bar: 1990
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Jonathan Marin
Jonathan Marin
Year called to bar: 2011
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Frédéric Massé
Frédéric Massé
Year called to bar: 2000
Montréal, Québec
Borden Ladner Gervais LLP (BLG)
Sean L. Maxwell
Sean L. Maxwell
Year called to bar: 2003
Calgary, Alberta
Blake, Cassels & Graydon LLP
Michael Mazzuca
Michael Mazzuca
Year called to bar: 1992
Toronto, Ontario
Koskie Minsky LLP
Lindsay McLeod
Lindsay McLeod
Year called to bar: 2009
Toronto, Ontario
Brown Mills Klinck Prezioso LLP
Lisa J. Mills
Lisa J. Mills
Year called to bar: 1997
Toronto, Ontario
Brown Mills Klinck Prezioso LLP
Dominique Monet
Dominique Monet
Year called to bar: 1985
Montréal, Québec
Fasken Martineau DuMoulin LLP
Susan L. Nickerson
Susan L. Nickerson
Year called to bar: 1998
Toronto, Ontario
McCarthy Tétrault LLP
Susan Philpott
Susan Philpott
Year called to bar: 1990
Toronto, Ontario
Goldblatt Partners LLP
John Prezioso
John Prezioso
Year called to bar: 2002
Toronto, Ontario
Brown Mills Klinck Prezioso LLP
Julien Ranger
Julien Ranger
Year called to bar: 2006
Montréal, Québec
Osler, Hoskin & Harcourt LLP
Gale Rubenstein
Gale Rubenstein
Year called to bar: 1977
Toronto, Ontario
Goodmans LLP
Susan G. Seller
Susan G. Seller
Year called to bar: 1987
Toronto, Ontario
Bennett Jones LLP
Jeffrey Sommers
Jeffrey Sommers
Year called to bar: 1997
Toronto, Ontario
Blake, Cassels & Graydon LLP
David A. Stamp
David A. Stamp
Year called to bar: 1992
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Tom Stevenson
Tom Stevenson
Year called to bar: 2012
Toronto, Ontario
Torys LLP
Scott Sweatman
Scott Sweatman
Year called to bar: 1987
Vancouver, British Columbia
Dentons Canada LLP
Roberto Tomassini
Roberto Tomassini
Year called to bar: 1995
Toronto, Ontario
Koskie Minsky LLP
Natasha A. vandenHoven
Natasha A. vandenHoven
Year called to bar: 1992
Toronto, Ontario
Stikeman Elliott LLP
Deron P. Waldock
Deron P. Waldock
Year called to bar: 1994
Toronto, Ontario
McCarthy Tétrault LLP
Gregory J. Winfield
Gregory J. Winfield
Year called to bar: 1988
Toronto, Ontario
McCarthy Tétrault LLP
Michael Wolpert
Michael Wolpert
Year called to bar: 1990
Calgary, Alberta
Fasken Martineau DuMoulin LLP
Hugh Wright
Hugh Wright
Year called to bar: 1993
Toronto, Ontario
Miller Thomson LLP
Mark Zigler
Mark Zigler
Year called to bar: 1980
Toronto, Ontario
Koskie Minsky LLP
Susan B. Barber
Year called to bar: 1988
Regina, Saskatchewan
McDougall Gauley LLP
Randy V. Bauslaugh
Year called to bar: 1983
Toronto, Ontario
Bauslaugh Pensions & Benefits Law
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