The Teachers’ Pension Plan employs the Pension Corporation to administer the pension plan. In administering the Teachers’ Pension Plan, the Pension Corporation must interpret and apply the Plan Rules.
The appeal process allows pension plan members, or organizations directly affected by a decision made by the Pension Corporation, to appeal all or part of that decision. The appeal process is designed to give you a fair and impartial avenue for appeal, if you are affected by a Pension Corporation decision regarding the application of the Teachers’ Pension Plan Rules. Some examples of decisions that can be appealed are: enrolment, purchase of service, average salary, pension benefits, and survivor benefits.
The Pension Corporation must apply the Teachers’ Pension Plan Rules consistently and cannot make individual exceptions. You cannot appeal on the grounds that the actual rule applied in the decision should be changed. Also, you cannot appeal something that happened to someone else.
If you disagree with a pension plan rule, you may write to the board expressing your concern. Although the board cannot act immediately on the issues you raise, the information may help identify the need for future changes to the plan rules.
While the process is designed to be straightforward and simple to use on your own, if you are a BCTF member, you may request assistance from the BCTF in your appeal. If you request assistance, you must authorize the release of the appeal reports to the BCTF. You may contact BCTF Income Security for assistance:
BCTF, Income Security
100-550 West 6th Avenue
Vancouver, BC V5Z 4P2
Phone: 604-871-1921 or toll free 1-800-663-9163, local 1921
Fax: 604-871-2287
Email: slalli@bctf.ca—Sarb Lalli, Assistant Director, Pensions and Group Benefits
charris@bctf.ca—Chris Harris, Director of Income Security Division
First, gather the facts and background on the decision by contacting the Teachers’ Pension Plan to request a documented explanation of how a plan rule was applied in the decision, as it relates to you.
Contact
Teachers’ Pension Plan
PO Box 9460
Victoria BC V8W 9V8
Phone: Victoria: 250-953-3022 | Vancouver: 604-660-4088
Toll-free: 1-800-665-6770
Fax: 250-356-8977
Email: use online contact form (tpp.pensionsbc.ca/web/teachers/contact-us)
Web: tpp.pensionsbc.ca
Then, if you are not satisfied with the explanation, you might choose to appeal.
General
- All appeals must be directed to:
Appeals Registrar, Pension Board Secretariat
395 Waterfront Crescent, PO Box 9460
Victoria, BC, V8W 9V8.
- In accordance with Article 8 of the Teachers’ Pension Plan Joint Trust Agreement, a three-step appeals process is established:
- Step 1—Appeal to plan administrative agent (Pension Corporation)
- Step 2—Appeal to board
- Step 3—Appeal to third party (arbitrator).
- Information on the appeals process will be communicated to plan members.
- Brochures on the process will be developed. The board will develop a communications strategy.
- When making significant decisions in the application of the pension plan rules that directly affect a person, an organization, or a person and an organization, the plan administrative agent is to advise those affected of their appeal rights.
- To the extent that it has control, the Board must ensure that each appeal by an affected party is dealt with promptly and efficiently.
- References in Article 8 of the Teachers’ Pension Plan Joint Trust Agreement to “school days as used in the School Act” shall be considered to be the “days in session” as listed in the school calendar issued by the Ministry of Education. For ease of administration in the appeal process, “days in session” occur in the period September 1 to June 30.
- The Pension Corporation, the Board, or the arbitrator, as applicable, must review and render a decision on the appeal.
- The Board will review appeal information and the Board will consider appeals to the Board at regularly scheduled board meetings. If required, the Board will schedule additional meetings.
- Statistical and summary information on appeals will be reported to the Board by the Appeals Registrar quarterly.
- Copies of the appeal reports for resolved and abandoned appeals will be distributed with the quarterly report. Appeal reports must be returned to the board secretary at the board meeting.
- Appeals for decision by the Board will contain the submissions and supporting material submitted by the affected party, copies of all relevant information or records from the file of the affected party maintained by the Pension Corporation, copies of all relevant information or records collected by the Pension Corporation on the Board’s behalf from any employer affected by the appeal, relevant legislative and procedural documents and the appeal report(s) prepared by the Pension Corporation.
- Appeals for decision by an arbitrator will contain all documents reviewed by the Board when it rendered its decision, a record of the decision of the Board, the Step 3 written submissions and responses of the affected party and the Board, and copies of relevant legislative and procedural documents. Appeal files must be returned to the board secretary at the conclusion of the arbitrator’s appeal review.
Specific appeal process
Step 1: Appeal to plan administrative agent (Pension Corporation)
- A person, an organization, or a person and an organization directly affected by a decision of the plan administrative agent (the “Pension Corporation”) in the application of the Teachers’ Pension Plan rules (the “affected party”) may, by written notice to the Appeals Registrar, appeal all or part of the decision.
- The affected party may submit an appeal of a decision of the Pension Corporation in the application of the plan rules. Appeals must be in writing and must be directed to the Appeals Registrar, Pension Board Secretariat, 395 Waterfront Crescent, PO Box 9460, Victoria, BC, V8W 9V8. The Appeals Registrar will acknowledge receipt of the appeal. The notice of appeal must contain sufficient information to identify the issue and to locate the pertinent files.
- The Appeals Registrar will acknowledge your correspondence and send it to the Pension Corporation to review and provide an appeal report. The Pension Corporation will render its decision within 30 school days of receipt of the correspondence from the affected party, in an appeal report submitted to the Appeals Registrar. The appeal report includes all relevant information from your file, a chronology of the facts involved, and an assessment of how the plan rules were applied.
- The Appeals Registrar will provide a copy of the appeal report to the affected party. The Appeals Registrar will include a covering letter that provides information on Step 2—Appeal to the Board and will include a Notice of Appeal— Step 2 form with the appeal report to the affected party. If the affected party is a plan member and provides written authorization and subject to applicable law, the Appeals Registrar will provide a copy of the appeal report to the organization that normally represents the category of plan members to which the affected party belongs (the “representative organization”).
- Following review of the appeal report, the affected party may wish to continue the appeal to Step 2.
Step 2: Appeal to board
- Following review of the Step 1 appeal report, the affected party may wish to continue the appeal. To do so, the affected party must within 30 school days of receiving the Step 1 appeal report complete a Notice of Appeal—Step 2 form and submit it to the Appeals Registrar with a written submission indicating the basis of the appeal. The affected party may also submit with its submission additional clarifying or correcting information.
- The Appeals Registrar will forward the completed Notice of Appeal—Step 2 form, the affected party’s submission, and any additional information submitted by the affected party to the Pension Corporation.
- Within 21 days of its receipt of a completed Notice of Appeal—Step 2 form and submission from the Appeals Registrar, the Pension Corporation must collect and provide to the affected party and the representative organization, if any, copies of all documents, information, or records within the possession or control of the Pension Corporation relevant to the subject matter of the appeal. If the Pension Corporation reasonably believes that an employer may have within its possession or control documents, information or records relevant to the subject matter of the appeal, the Pension Corporation must, on the Board’s behalf, make written request to the employer for such documents, information, and records. Such requests will be made pursuant to the Board’s powers under s. 13 of the Pension Benefits Standards Act (PBSA) and s. 80 of the Teachers’ Pension Plan Rules. The Pension Corporation may, on the Board’s behalf, take such steps as are permitted by law, including making an application to the Supreme Court pursuant to s. 13(3) of the PBSA, to enforce such requests to employers. The Pension Corporation must promptly provide to the affected party and the representative organization, if any, copies of all documents, information, or records collected from an employer.
- Within five (5) school days of its receipt of all documents, information, or records it is entitled to receive pursuant to paragraph 3, the affected party may indicate it wishes to make additional submissions or provide additional information to the Appeals Registrar. If so, the affected party will have 20 school days to prepare additional submissions or provide additional information to the Appeals Registrar. The Appeals Registrar will provide copies of the additional submissions or information to the Pension Corporation.
- Within seven (7) days of its receipt of additional submissions or material from the Appeals Registrar pursuant to paragraph 4, or its receipt of the Appeals Registrar’s advice that the affected party will not be making additional submission or providing additional information pursuant to paragraph 4, the Pension Corporation may indicate it wishes to comment on the affected party’s submissions or any information provided. If so, the Pension Corporation will have 20 school days to prepare a Step 2 appeal report and submit it to the Appeals Registrar. The Appeals Registrar will provide a copy of any Step 2 appeal report to the affected party and the representative organization, if any.
- The affected party will have 20 school days from the receipt of any Step 2 Appeal report to reply to the Step 2 Appeal report. The Appeals Registrar will provide a copy of any such reply to the Pension Corporation.
- Unless the appeal is resolved because the affected party accepts the Step 2 Appeal report of the Pension Corporation, the Pension Corporation accepts the submission or reply of the affected party, or the affected party abandons the appeal, the Appeals Registrar will, on the completion of the process described in paragraphs one (1) through six (6), submit the appeal to the Board for decision at its next regularly scheduled meeting.
- The Appeals Registrar will prepare the appeal file for consideration by the Board. This file will contain the Step 1 Appeal report, the submissions and information submitted by the affected party, copies of the documents, information and records provided to the affected party pursuant to paragraph 3, the Step 2 Appeal report prepared by the Pension Corporation, if any, the reply to the Step 2 Appeal report prepared by the affected party, if any, and copies of relevant legislative and procedural documents.
- An affected party or the Pension Corporation may request from the Appeals Registrar an extension of any time limit applicable to Step 2 appeals. Every such request must indicate the extenuating circumstances that necessitate the extension.
- An appeal may be adjudicated by the Board, or by a panel of the Board consisting of one or more trustees appointed by the Board. If a panel consists of more than one person, the Chair must preside over the panel or designate the person who is the chair of the panel.
- For an appeal referred to a panel:
- a. the panel has all the jurisdiction and may exercise the powers and perform the duties of the Board; and
- b. decision of the panel is a decision of the Board.
- The Board or the panel of the Board will decide the appeal after reviewing the information presented in the file. The decision must be made by majority vote, unless the panel has only one member. A tie vote results in denial of the appeal. If the Chair of the Board or of the panel is appointed as a trustee under section 5.1(b) of the Teachers’ Pension Plan Joint Trust Agreement, the Chair will have no vote.
- The Appeals Registrar will advise the affected party and the representative organization, if any, in writing of the Board’s decision within 15 school days of the decision being rendered. The Appeals Registrar will include information on Step 3 – Appeal to Third Party and include a Notice of Appeal—Step 3 form.
- Following receipt of the Board’s decision, the affected party may wish to continue the appeal to Step 3.
Step 3: Appeal to third party (arbitrator)
- Following receipt of the Board’s decision, the affected party may wish to continue the appeal. To do so, the affected party must, within 60 school days of receiving the Board’s decision, complete a Notice of Appeal—Step 3 form and submit it to the Appeals Registrar with a written submission indicating the basis of the appeal.
- On receipt of Notice of Appeal—Step 3 form, the Appeals Registrar will provide the Board with a copy of all documents reviewed by the Board when rendering its decision and a copy of the affected party’s written submission. The Board will determine if it wishes to make a written submission and/or a written response to the affected party’s submission.
- The affected party will be provided with an opportunity to respond to the Board’s submission, if any. A copy of any response will be provided to the Board.
- The Board will choose an arbitrator by lot from a list of arbitrators periodically agreed to by the partners as required by the Teachers’ Pension Plan Joint Trust Agreement.
- The Board may consolidate appeals on the same issue and select a single arbitrator to hear the appeals. The affected party may make a submission to the arbitrator if the affected party does not agree with the consolidation (or failure to consolidate).
- The Appeals Registrar will provide the arbitrator with copies of all documents reviewed by the Board when it rendered its decision, a record of the decision of the Board, the Step 3 written submissions and respective responses, and copies of relevant legislative and procedural documents.
- The Appeals Registrar will provide a copy of all documents forwarded to the arbitrator to the affected party; the representative organization, if any; and the Board.
- The affected party and/or the Board may request that the arbitrator order any party bound by the Teachers’ Pension Plan Joint Trust Agreement to make production of any documents, information or records relevant to the subject matter of the appeal, and the arbitrator will rule on such a request. If such an order is granted, the affected party and the Board will be entitled to modify any of their previously submitted written submissions to reflect the contents of the documents, information, or records so produced.
- The affected party and/or the Board may request an oral hearing, and the arbitrator will rule on the request.
- The arbitrator may accept new evidence if he or she is satisfied that the affected party or the board used all reasonable diligence to discover the new evidence before Step 3 of the appeal process, or the new evidence is discovered as a result of an order made under paragraph 8. The arbitrator may remit the appeal to Step 1 of the appeal process for reconsideration.
- The arbitrator must rule only on the application of the pension plan rules in effect and applicable to the affected party at the time the decision being appealed was made by the administrative agent.
- The arbitrator will decide the appeal. The decision of the arbitrator must be in writing and will be final and binding upon the affected party and the Board.
- The arbitrator may not make an award that amends the pension plan rules.
- The arbitrator may make a recommendation on an amendment to the pension plan rules for consideration of the Board.
- The affected party(s) and the Board will share the costs of the arbitrator equally. The full cost of arbitration will be paid by the Board on receipt of the arbitrator’s decision and invoice. The affected party(s) will then be invoiced for their portion of the costs.
- At the conclusion of the arbitration, the affected party and the Board will receive the report given by the arbitrator.