There are surplus funds in the Capital Pension Plan. The Plan wishes to distribute these funds to certain members and former members of the Plan. An application to the Court has been made to determine which members are entitled to a share in these reserve funds and in what amount.

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When an employee of an employer who contributed to the pension plan left their employment before their pension had vested (generally, before two years), that employee would receive a return of all the pension contributions he/she had made, plus earnings on those contributions.

However, the pension contributions which had been made by the employer were not returned to either the employer or the employee, but instead were set aside in a separate account of the Plan. Over the years, these contributions grew to create the current surplus.

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If you are currently a member of the Capital Pension Plan, or if you were a member of the Capital Pension Plan between 1979 and December 31, 2006, this application may affect you in that you may be entitled to receive a share of the surplus funds, or you may not, depending on the Court's decision.

If you are currently a contributing employer, or were previously a contributing employer to the Plan, the application proposes to distribute funds contributed by certain employers, and therefore you may also have an interest in the application.

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No. This decision will not reduce or increase your pension at all. It simply deals with a one-time cash distribution of surplus that is currently in the pension plan.

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No. This decision will not increase or decrease any pensions that are currently being paid.

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The Court will decide who gets a share of the surplus, and how much that share will be.

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Does every member get a share?

The Court will decide this. One interpretation is that all members and former members of the Plan who were members between 1979 and December 31, 2006 will share in the surplus, whether that member's employer contributed to the surplus or not. Another interpretation is that the only members who should get a share of the surplus are employees or former employees of employers who contributed to the surplus in the first place. However, this is a decision that ultimately rests with the Court.

The employers that contributed to the surplus are:

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This is to be decided by the Court, but will likely be based primarily on the following factors:

• the total amount of reserve funds to be distributed (approximately $6.6 million);
• the amount of equity you have or had in the Plan; and
• potentially, the amount of money contributed by your employer to the surplus.

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The Court has set an initial hearing date of Friday, February 15, 2008, for the purpose of determining who wishes to make submissions to the Court, and how those submissions will be received.

This hearing will be held in Saskatoon at the Court House, 520 Spadina Crescent East, in the Chambers room (2nd floor) starting at 10:00 a.m. local time.

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No. You are not required to attend Court. However, if you do not attend, you will still be bound by any decisions made by the Court.

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The wording "You are required to appear" is part of the mandatory wording of this Court form. You only have to appear in Court if you want to make a verbal submission to the Court regarding the application.

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Yes. The Court will hear from any parties who wish to make representations.

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You can make submissions to the Court by attending personally, or you can make a written submission by letter.If you make a written submission and it is not clear, the Court may require your attendance in Court to clarify your submission.

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If you want to attend court personally, you must complete and return the form that has been mailed to you no later than January 31, 2008. If you have not received that form, a copy can be found below.

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If you do not wish to attend court personally, but wish to file a written document explaining your position, you must complete and return the form that has been mailed to you no later than January 31, 2008. If you have not received that form, a copy can be found below. Your written submission must be sent to the Capital Pension Plan no later than February 8, 2008.

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If you do not wish to take part in the proceedings, please simply indicate this on the form that has been sent out to you no later than January 31, 2008. If you have not received that form, a copy can be found below.

If the Court finds that you are entitled to a share of the surplus, you will still receive that share, even though you have not taken part in the court proceedings.

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The form was mailed to the last know address that the Capital Pension Plan had for each member and former member of the Plan. If you did not get the form (or have misplaced it), a copy can be found here:

Election Form

Be sure to indicate your current address on this form when you return it so that the Capital Pension Plan can notify you of any important developments in the case.

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Please return the form to:

Capital Pension Plan (Court Application)
P.O. Box 3209
Regina, Saskatchewan S4P 3H1

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You are not required to hire a lawyer. The Court will hear from any parties who wish to make representations, whether they have a lawyer or not.

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If you hire a lawyer, you will be responsible for paying all of the costs for that lawyer. Your lawyer can ask the Court for reimbursement, but this is totally within the Court's discretion, and the Court will not necessarily order any reimbursement for legal costs.

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