Pensions & Benefits Law

The Davis LLP Pensions and Benefits Law Practice Group advises clients in range of industries on legal and regulatory issues affecting their plans.

Specifically, those services include:

  • Providing legal services for jointly trusteed pension plans, public sector plans, negotiated (union sponsored) pension plans, employer-sponsored pension plans, and pension regulators
  • Working closely with employers, trade unions, consultants, and regulators concerning plan governance, fiduciary responsibilities, and income tax and other matters
  • Advising and representing major pension funds and other clients on a variety of matters including governance, tax and regulatory
  • Providing pension plan advice to Boards of Trustees, employers, pension committees, Boards of Directors, professional associations, and plan advisors and consultants

The Pension and Benefits Group is supported by specialists in other practice areas of the firm such as Tax, Employment & Labour, and Litigation – all of whom have considerable expertise in pension and benefits issues.

Recent matters include:

  • Pension plan funding and investment, including pension plan investments in private equity funds, hedge funds, real estate, and derivative based funds
  • Establishing private health-services plans, both on an insured and self-funded basis for professional associations
  • Taxation issues relating to private health-services plans and non-traditional pension plan investments, as well as general taxation advice for pension and benefit plans
  • Pension plan governance and fiduciary obligations
  • Pension plan termination and partial wind-up
  • Family law (marriage breakdown and credit splitting)
  • Pension plan design, including excess or supplementary pension (non-registered) plans
  • Post-retirement benefits
  • Dispute resolution and plan litigation and class action matters

Emerging Issues

Staying informed of developments and trends enables us to provide well-rounded yet strategic counsel, particularly with regards to:

  • Advising pension plan sponsors that are using non-traditional investments to ensure compliance with pension plans laws and regulations, appropriate oversight and reporting, and safeguarding of the plan investments
  • Assisting plan sponsors with implementing their governance policies such that the goals of the policies are achieved
  • Establishing private health services plans by non-traditional sponsors
  • Ensuring that defined contribution (“DC”) plans meet the current regulatory requirements, and that DC plan members have the necessary information to make appropriate and informed investment choices
  • Dealing with solvency and unfunded liability issues, particularly with those pension plans that are funded by collective agreements
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