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BILL 211

BILL 211. ELIMINATION OF MANDATORY RETIREMENT IN ONTARIO. Current Situation. Definition of age in Ontario Human Rights Code : “18 years but less than 65” Employers can currently require employees to retire at age 65

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BILL 211

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  1. BILL 211 ELIMINATION OF MANDATORY RETIREMENT IN ONTARIO

  2. Current Situation • Definition of age in Ontario Human Rights Code: “18 years but less than 65” • Employers can currently require employees to retire at age 65 • WLU policy has been that employees retire at age 65 or the July 1st following unless otherwise approved by the University

  3. Bill 211 • Effective December 12, 2006 • Bill 211 deletes reference to age 65 in the Ontario Human Right Code • Age 65 and over are protected from age discrimination • Employers can no longer require employees to retire at a certain age

  4. Other Jurisdictions • Several other provinces have also eliminated mandatory retirement Manitoba, Quebec, Alberta, PEI • Statistics show vast majority will still retire by 65 or earlier • Higher instance of postponed retirement with faculty

  5. Other Legislation • Workplace Safety and Insurance Board (WSIB) has not extended loss of earnings coverage past 65 • No change to CPP and OAS eligibility • Employment Standards Act continues to define age as 18 but less than 65 – does not prohibit age distinction with respect to benefits plans for 65 and older

  6. WLU Benefits and Pension • Long term disability insurance ends at age 65 – industry standard • Bill 102 pending: Employer first payer for prescription drugs for working seniors • Normal Retirement Age under the pension plan remains age 65 • Pension contributions and service will continue to accrue post 65 until Dec 31st of year turn 69

  7. WLU Benefits and Pension • Must begin drawing pension by Dec 31st of year turn 69 (ITA) • Prohibited from drawing and accruing pension at same time • Early retirement incentives permitted (SVEP, PIRO-WLUFA) • Pension administration practices

  8. Accommodation • Employers have a duty to accommodate all workers to the point of undue hardship • Older workers with age-related disabilities must be accommodated the same as any other employee with a disability • WLU Accommodation Policy in final stage of approval – to be posted shortly

  9. Staffing Planning • Hiring practices must provide same opportunity to older workers • Managers cannot assume employees will retire at age 65 – must wait until employee provides notice of retirement • Guidelines on providing notification of retirement date forthcoming

  10. Policies and Programs • Bill 211 provides 1 year grace period to update policies, collective agreement language etc. • Currently working with unions to update CA language • Amended WLU Pension Plan to eliminate reference to “consent” when postponing retirement

  11. QUESTIONS?

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