What is the best interest of pension plan members to receive their pro rata share of a partial wind-up on partial termination of an employee pension plan?

Deschamps J. held that the best interests of plan members required that they receive their pro rata share of the surplus on partial termination, rather than waiting for a full wind-up of the plan. She cited the following policy considerations in support of her conclusion: [See Note 11 below] -- No unfairness to plan members would result as the fund would still be in surplus after distribution; -- not recognizing the beneficial interest of the downsized employees at the time of partial termination would put them in a worse position than the ongoing employees, as they have lost their jobs and their level of pensionable earnings has been reduced; -- the downsized workers should be subject to the risks of the plan while they are part of it but not after termination; -- if the downsized employees are required to wait for a full wind-up at an indeterminate date in the future, some may no longer be reachable; and -- because the actuarial surplus becomes an actual surplus and vests in the plan members upon plan termination, [page106] distribution on partial wind-up is consistent with the trust principles outlined in Schmidt v. Air Products.