Households and retirees with defined benefit pensions
- If your employer goes bankrupt, unpaid amounts needed to fix your pension plan’s “unfunded liability” (gap between promised benefits and plan assets) or “solvency deficiency” (shortfall if the plan ended today) must be paid ahead of other creditors, including most secured creditors, because they are covered by a deemed trust (BIA ss. 81.5, 81.6 as amended).
- In a restructuring (not a full bankruptcy), the court cannot approve a plan unless it pays the full pension shortfall amounts listed in the bill (CCAA s. 6(6) as amended).
- Timing: For employers already in a prescribed pension plan before the law takes effect, these pension‑priority changes apply after a 3‑year transition; for new plans after that date, they apply upon coming into force (Transitional s. 1–3).
Employees and retirees with employer group insurance (life, disability, health, dental)
- If your employer stops participating in a group insurance plan during bankruptcy, an amount to indemnify beneficiaries becomes a preferred claim under the bankruptcy distribution rules (BIA s. 136(1)(d.001)). Preferred claims are paid before general unsecured creditors but after secured creditors.
- In a restructuring, the plan must pay at least what you would receive under that preferred claim if the company had gone bankrupt (CCAA s. 6(5)(a)(i) as amended).
- Timing: This group insurance priority and the linked restructuring rule start 3 years after royal assent (Coming into Force s. 4; s. 5(1)).
Workers owed severance or pay in lieu of notice
- Any unpaid severance or pay in lieu of notice becomes a preferred claim in bankruptcy for the difference not already paid by the trustee (BIA s. 136(1)(d.002)).
- This strengthens your position versus general unsecured creditors.
Businesses with defined benefit pension plans
- In insolvency, you must cover any special payments and other amounts needed to eliminate pension plan deficits before most other debts, due to the deemed trust priority (BIA ss. 81.5, 81.6 as amended).
- In CCAA proceedings, you cannot obtain court approval of a compromise unless it fully pays the pension shortfall amounts identified in the bill (CCAA s. 6(6) as amended).
- Existing plan sponsors get a 3‑year transition period before these pension priorities apply, if they were in a prescribed plan the day before the law comes into force (Transitional s. 1–3).
Lenders, bondholders, suppliers, and other creditors
- Pension deficit amounts will rank ahead of secured claims under the deemed trust provisions in bankruptcy and receivership (BIA ss. 81.5, 81.6 as amended).
- Group insurance indemnity and unpaid severance are added to the list of preferred claims, which rank ahead of general unsecured claims but after secured creditors (BIA s. 136(1)(d.001), (d.002)).
Insolvency professionals and courts
- You must calculate pension shortfall amounts “as determined” at filing and include “special payments” required by pension regulations (BIA s. 60(1.5) amendments; PBSA Regulations s. 9 referenced).
- You must determine the group insurance indemnity “in the prescribed manner,” which will require regulations to define the calculation (BIA s. 136(1)(d.001)).