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 WLU policy has been that employees retire at age 65 or the July 1 st following unless otherwise approved by the University

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

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

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

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 31 st of year turn 69

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

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

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

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

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