Feds releases final regulations to boost protection for private pension plan members |
Date: Monday, June 28, 2010
Author: Investment Executive
The Department of Finance has finalized regulations
relating to federally regulated private pension plans, aiming to enhance
protection for plan members, reduce funding volatility and modernize
the rules for investments by pension funds.
It announced on
Friday that three amendments to the Pension Benefits Standards
Regulations, which were published for public comment in May, have been
finalized.
“These amendments reflect financial market volatility
in recent years, which points to the need to enhance protection for plan
members,” said Finance Minister Jim Flaherty. “The changes also
modernize the rules for pension fund investments and give plan sponsors
greater flexibility in terms of investment allocation to allow them to
better manage their funding obligations.”
The first amendment
will bring a new standard that uses average -- rather than current --
solvency ratios to determine minimum funding requirements. The
government says this will soften the impact of short-term market
fluctuations on a plan’s solvency funding requirements.
Secondly,
the changes will limit contribution holidays unless the solvency ratio
exceeds full funding plus a new solvency margin, set at a level of 5% of
solvency liabilities. This measure will enhance benefit security by
helping to maintain a cushion of pension plan assets, according to
Finance Canada.
Lastly, the new regulations feature a modernized
investment framework that removes the limits on the amounts pension
plans can invest in resource and real property investments. These limits
are considered “cumbersome”, Finance says, and their removal will offer
greater latitude in building a prudent fund portfolio.
During
the public consultation period, the government said additional concerns
were expressed around other quantitative investment limits in place,
including a rule that prevents pension plans from owning more than 30%
of the voting shares of a single entity. But Finance concluded that this
rule remains appropriate for “prudential reasons,” since it believes
that removing the rule would increase the potential for pension plans to
own and operate companies.
Still, it said it intends to propose
further modifications to the investment rules, including the rule
prohibiting a pension plan from invest more than 10% of its portfolio in
a single investment, in future regulatory amendments.
Indeed,
the government said it intends to make additional changes to the
legislative and regulatory framework in the coming months. The changes
are part of the modernized federal pension framework announced in
October 2009.
Finance said that by encouraging more stable
funding, the amendments announced on Friday will reduce the probability
of having to adopt other temporary regulations.
“Ad hoc
temporary regulations in order to adapt to a particular situation are
inefficient, due to the substantial resources that are required to put
them into effect, and because they can result in a lack of certainty
over the regulatory framework,” the government said.
The Office
of the Superintendent of Financial Institutions will provide guidance
shortly on the implementation of the new funding rules to help plans
prepare their December 2009 actuarial reports.
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