What is the test for entitlement to a pension plan surplus?
Canada (Federal), Canada
The following excerpt is from Professional Institute of the Public Service of Canada v. Canada (Attorney General), [2012] 3 SCR 660, 2012 SCC 71 (CanLII):
Schmidt v. Air Products Canada Ltd., 1994 CanLII 104 (SCC), [1994] 2 S.C.R. 611, is the leading statement of the law on pension plan surpluses. That case establishes the principle that, in the absence of overriding legislation, the first step to assessing competing claims to the surplus is to determine, in accordance with ordinary principles of trust law, whether the pension fund is impressed with a trust. If it is, all applicable trust principles apply. If, on the other hand, the pension fund is not subject to a trust, entitlement to the surplus will be assessed in accordance with the principles of contract interpretation.
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