What is the current state of the law on pension modifications?

Manitoba, Canada


The following excerpt is from Dinney v. Great-West Life Assurance Co. et al., 2005 MBCA 36 (CanLII):

46 Despite the considerable reluctance of American courts to allow a modification which impinges on benefits paid to retired employees, there are some authorities that have permitted amendment but only where the “plain provisions” of the pension plan specifically and unequivocally authorize such a step to be taken. See Kolentus v. Avco Corp., 798 F.2d 949 (7th Cir. 1986).

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