EN /FR
Sears Canada Inc.
On June 22, 2017, Sears Canada Inc. and several related parties were granted protection from their creditors under the Companies’ Creditors Arrangement Act (“CCAA”), pursuant to an Order of the Honourable Justice Hainey of the Ontario Superior Court of Justice.
Koskie Minsky LLP has been appointed as Representative Counsel to all non-unionized retirees, active employees, and former employees of Sears Canada in the CCAA proceedings, with respect to:
a) pension benefit entitlements under the Sears Canada Inc. Registered Retirement Plan, and any other pension or retirement plan of Sears Canada; and
b) retiree medical benefits, dental benefits, life insurance benefits, and supplemental pension benefits (for certain retirees)
(collectively, the “Represented Parties”).
Three retirees Ken Eady, Larry Moore, and Bill Turner (the “Representatives”) were also appointed to represent the overall best interests of the Represented Parties.
The court issued the Representation Order on July 13, 2017. Under paragraph 6 of that Order, any individual affected by these appointments who do not wish to be represented by the Representatives and Representative Counsel must complete the Opt-Out Notice before September 8, 2017.
The firm of FTI Consulting Canada Inc. was appointed as the Monitor in the CCAA proceedings. To view court documents, orders and other publicly available information with respect to the CCAA proceedings, please visit the website of the Monitor by clicking here.
If you are a retiree of Sears Canada, with questions about the proceeding, please email us at searsrepcounsel@kmlaw.ca or call us at 1 800 244 7120.
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Latest Developments
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March 5, 2024
TELUS Health (formerly LifeWorks), the wind up administrator of the Sears Canada Inc. Registered Retirement Plan (the “Plan”), has released a status update regarding the wind up of the Plan, estimating that lump sum payments and annuity purchases will be complete by the end of 2025. A number of outstanding legal issues needed to be resolved before the wind up could be finalized, and the last of these was resolved as of February 2024. TELUS Health mailed an update to Plan members and beneficiaries in late December 2023 outlining the steps remaining before the eventual distribution of the Plan’s assets through lump sum payments and the purchase of annuities for members and beneficiaries with pensions in pay, as well as provisional estimates for the timing of each step.
First, TELUS Heath will file a “Wind Up Report” with the Ontario pension regulator, the Financial Services Regulatory Authority (“FSRA”). Broadly, the Wind Up Report is an actuarial report that details the assets and liabilities of the Plan, as well as the funded status of the Plan by jurisdiction. TELUS Health aims to file the Wind Up Report in the Spring of 2024. FSRA must approve the Wind Up Report before the Plan can be wound up, which can be expected to take several months.
Within three to four months of FSRA’s approval of the Wind Up Report, TELUS Health estimates that the majority of members will have received pension benefits statements and options for the settlements of pension benefits.
Finally, TELUS Health projects that the settlement of benefits by lump sum payments and annuity purchases will begin in Spring of 2025, and be completed by the end of 2025.
Further details regarding the wind up process can be found in the December 2023 update. We will provide further updates on the timing of the wind up as those details become available.
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November 6, 2021
Uncashed distribution cheques for retirees
The Monitor of Sears Canada, FTI Consulting Inc., has reported that there are a large amount of uncashed cheques that were sent to retirees as part of the first distribution to all creditors of Sears. If you are expecting a cheque, please make sure that we have your current address and also send any address change to the Monitor at:
FTI Consulting Canada Inc.
Court Appointed Monitor
Hotline: 1-855-649-8113
Phone: 1-416-649-8100
Email: searscanada@fticonsulting.com
Fax: 416-649-8101If you are the spouse of a deceased Sears retiree, please have the executor of the estate contact us and FTI with the contact information. Under the Sears CCAA Plan of Compromise, uncashed cheques will eventually be cancelled and cannot be cashed in the future. We would like to ensure that retirees or their estates receive the amounts that they are entitled to. If you have questions, please contact our toll free line for Sears retirees at 1-800-244-7120 or email searsrepcounsel@kmlaw.ca.
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April 23, 2021
We have now completed the webinars held on Thursday, April 22, 2021 (English) and Friday April 23, 2021 (French).
To access the archived versions of the webinars please click on the links below:
English: https://edge.media-server.com/mmc/p/ggzraytp
French: https://edge.media-server.com/mmc/p/ktfh5324A copy of the presentation slides are available in English here and in French here.
If you have specific questions that were not answered, or if you have moved and would like to provide your updated address information, we ask that you please notify Koskie Minsky LLP, Morneau Shepell, the pension plan administrator, and the Monitor, FTI Consulting at the coordinates below:
Koskie Minsky LLP
Representative Counsel
20 Queen Street West, Suite 900
Toronto, ON M5H 3R3
Toll-Free number: 1 800 244 7120
Email: searsrepcounsel@kmlaw.caMorneau Shepell
Pension Plan Administrator
895 Don Mills Road, Tower One, Suite 700
Toronto, ON M3C 1W3
Toll-free number: 1-888-841-8956
Email: searspension@morneaushepell.comFTI Consulting Canada Inc.
Court Appointed Monitor
Hotline: 1-855-649-8113
Phone: 1-416-649-8100
Email: searscanada@fticonsulting.com
Fax: 416-649-8101 -
April 23, 2021
We have been advised by the Monitor, FTI Consulting, that as a result of a systems error, ADP issued approximately 2,500 initial Plan Distribution cheques earlier than scheduled. Generally, cheques were issued to Retiree creditors in respect of their Retiree Benefit and/or Lifetime Discount claims.
Retirees who were issued a payment should expect to receive a letter from the Monitor in the coming weeks providing information on how the plan distribution amounts were calculated.
Please ensure you look at the date on your Plan Distribution cheque for guidance on when you can cash or deposit your cheque. For more information, please contact FTI:
FTI Consulting Canada Inc.
Court Appointed Monitor
Hotline: 1-855-649-8113
Phone: 1-416-649-8100
Email: searscanada@fticonsulting.com
Fax: 416-649-8101 -
April 20, 2021
Further to our update below, please note that there are two ways to access the webinars being held on Thursday, April 22, 2021 at 10:00 a.m. (Eastern time) in English, and Friday, April 23, 2021, at 10:30 a.m. (Eastern time) in French.
1. LIVE WEB (WITH AUDIO) PRESENTATION: You can access the webinars at the following links:
English (Thursday, April 22, 2021 at 10:00 a.m.): https://edge.media-server.com/mmc/p/ggzraytp
French (Friday, April 23, 2021, at 10:30 a.m.): https://edge.media-server.com/mmc/p/ktfh5324
You do not need to register for the webinar online but please ensure you don’t have any issues accessing the above link in advance of the webinar.
2. TELEPHONE ATTENDANCE: A dial-in audio-only option will be available to individuals who do not have internet access and wish to listen in to the webinars. If you do not have access to the internet and would like to listen in, please leave a message on our toll free hotline at 1-800-244-7120 indicating your name, telephone number and that you wish to participate in a webinar by telephone. A Koskie Minsky representative will call you back to provide details about how to dial in.
Archived versions of the webinars will be posted here when available.
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April 7, 2021
As we mentioned in our reporting letter dated November 9, 2020, we will be holding webinars for all Sears Canada retirees on Thursday, April 22, 2021 at 10:00 a.m. (Eastern time) in English, and on Friday, April 23, 2021, at 10:30 a.m. (Eastern time) in French.
The log-in details will be posted here two days before the webinars. To view the letter to Sears Retirees from Representative Counsel, please click here.
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November 27, 2020
We are pleased to report that on November 23, 2020, Mr. Justice Hainey of the Ontario Superior Court of Justice (Commercial List) approved the Sears Canada CCAA Plan of Compromise (“CCAA Plan”) . To see the Court Order, please click here.
The CCAA Plan had been voted on in favour by a majority of the creditors at the Creditors Meetings held on November 16, 2020. Now that the Court has approved the CCAA Plan, it may proceed to implementation.
We are advised by the Monitor that it expects to make the distribution payments to creditors in 2021. We will keep you apprised of developments.
- November 10, 2020
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November 6, 2020
On October 27, 2020, on a motion brought by the Monitor, the Ontario Superior Court of Justice (Commercial List) granted an order (the “Meetings Order“) in which it accepted the filing of the draft CCAA Plan of Compromise (“CCAA Plan“) for Sears Canada and authorized the Monitor to hold creditors meetings to approve the CCAA Plan.
The CCAA Plan was proposed by Sears Canada to reflect the settlements of the major claims against the Sears Canada estate, including the settlements in the dividend litigation as previously reported, and to deal with the distribution of the assets of Sears Canada to its creditors. Generally, a “CCAA Plan” is a global agreement reached between the company and its creditors as to how the company will treat the payment of creditors’ claims, and typically involves a partial payment of creditors’ claims.
All creditors of Sears Canada are facing significant shortfalls in the payment of their claims, as there are insufficient assets in the Sears Canada estate to cover all of the claims against it. Based on estimates provided by the Monitor, at this time, we expect that distributions to unsecured creditors of Sears Canada will be paid at approximately 8 cents to 10 cents on the dollar of their claim amounts.
The creditors meetings have been scheduled for November 16, 2020, at 10:00 a.m. for the SLH Transport Inc. creditor class and November 16, 2020 at 11:00 a.m. for the Sears Canada creditor class. You do not need to attend.
Pursuant to the Meetings Order, we were authorized by the Court to vote on behalf of the Sears Canada retirees that are subject to our Representation Order. Accordingly, the retirees who have not opted out of our representation do not need to submit a proxy form or attend the creditors meetings. The administrator of the Sears Canada Pension Plan, Morneau Shepell Ltd. (“Morneau”), will be voting with respect to the pension wind up deficit claims arising from the underfunding of the Plan.
Following our consultations with the Court-Appointed Representatives and since the CCAA Plan reflects the provisions of the settlements we reached in the Pension Support Agreement, the settlements we reached with respect to the retirees’ other post-employment benefits claims, the supplemental pension plan claim, and the purchase discount claim, as well as the settlements with the defendants to the dividend litigation, we will be voting in favour of the CCAA Plan. Morneau has advised that it will also be voting for approval of the Plan.
If the CCAA Plan is approved at the creditors meetings, it must then be approved by the Court as being fair and reasonable in order to become effective. The Monitor’s motion for a Sanction Order is currently scheduled for November 23, 2020. We will continue to provide updates here as this matter progresses.
To view the Order of the Court dated October 27, 2020, please click here. To view the CCAA Plan, please click here.
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October 16, 2020
We are pleased to report that on Friday, September 18, 2020, the Superior Court of Justice (Commercial List) approved the settlement of the lawsuits brought by Morneau Shepell as Administrator of the Sears Registered Retirement Plan, the Monitor, the Litigation Trustee, and the class action parties, against Edward Lampert, ESL Investments Inc., and the other remaining defendants in the litigation. The settlements are described in the 39th Monitor’s Report dated September 16, 2020, which is available here. To view the Order of the Court approving the settlement, please click here.
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September 14, 2020
On September 7, 2020, on the eve of the trial in the Sears Canada dividend litigation that was to commence the next day, the plaintiffs reached a settlement in principle with Edward Lampert, ESL Investments Inc., and the other remaining defendants. The Hon. Justice Barbara A. Conway of the Ontario Superior Court of Justice adjourned the trial to allow the parties to finalize the settlement agreement and to schedule a hearing for the Court to approve the settlement. The motion for approval of the settlement will be brought before the Court later this month. As reported, the litigation settlement with the former directors was previously approved by the court on August 25, 2020.
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August 27, 2020
We are pleased to report that on August 25, 2020, the Superior Court of Justice (Commercial List) approved the settlement with the former directors of Sears Canada. To view the Order of the Court dated August 25, 2020, please click here.
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August 24, 2020
We are pleased to report that on July 27, 2020, a settlement agreement was reached with the director defendants in the Sears Canada litigation, for a total of CAD $50 million to be allocated among the plaintiff parties.
This settlement arises from the Sears Canada insolvency litigation involving lawsuits by four plaintiffs, as previously reported:
- Morneau Shepell, as Administrator of the Sears Registered Retirement Plan;
- the Monitor in the CCAA proceedings;
- the Hon. Douglas Cunningham, Litigation Trustee of Sears Canada; and
- the Sears Hometown and Outlet Store class action parties.
The settlement is with eight former directors of Sears Canada (the “Former Directors”). The settlement agreement is contingent on court approval. On August 25, 2020, the Superior Court of Justice (Commercial List) will hear a motion for approval of the settlement. In addition, the settlement is contingent on the plaintiffs “releasing” all claims against the Former Directors. The CCAA plan will be amended by the Monitor to reflect the release of the Former Directors.
As a term of the settlement, the Former Directors agree to cooperate in the ongoing litigation against the remaining defendants. If requested by the plaintiffs, the Former Defendants will appear as witnesses at trial. If successful in the litigation against the remaining non-settling defendants, the plaintiffs will be limited to recover only an amount attributable to those non-settling defendants, and not amounts attributable to the Former Directors.
As previously reported, on March 16, 2020 the Superior Court of Justice (Commercial List) approved a settlement reached with Sears Holding Corporation with respect to the 2013 Dividend Litigation.
To view the motion material including the settlement agreement please click here.
The Sears Canada litigation continues to proceed against the remaining defendants who are not subject to the settlement, including Edward Lampert and ESL Investments Inc. The trial against the remaining defendants has been scheduled to start on September 8. 2020.
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July 23, 2020
On March 16, 2020 the Superior Court of Justice (Commercial List) approved an settlement reached with Sears Holding Corporation with respect to the 2013 Dividend Litigation. Based on the settlement, the plaintiffs will have a allowed Class 4 general unsecured claim in an amount equal to $200 million CAD once it is approved by the United States Bankruptcy Court.
As previously reported, we advanced a priority claim for the amount of the pension wind up deficit ($260 million) based on the deemed trust provisions in the Ontario Pension Benefits Act and the decision of the Supreme Court of Canada in the Indalex case. Our priority claim was opposed by the CCAA Monitor and a judicial mediation was scheduled before now Chief Justice Morawetz of the Ontario Superior Court in October 2018.
A favourable settlement was reached at the mediation with the Monitor agreeing to treat the pension deficit claim at 2 ½ times the actual deficit amount of $260 million (i.e. $650 million) for distribution purposes from the estate of Sears Canada. Distributions are payments that will be made to all creditors in the future. The settlement means that the pension fund will recover as if it is a claim of $650 million instead of the deficit amount of $260 million and thereby recover a greater amount from the estate which in turn will be used toward the payment of retirees’ pension benefits.
The final amount of the distribution is not yet known but we expect to have more financial information about the amount available for distribution to creditors of Sears Canada in the fall.
The 2013 Dividend Litigation against the remaining defendant directors and officers was scheduled to commence on May 19, 2020, however, due to the current COVID-19 crisis has been adjourned to a date to be fixed after June 1, 2020. We will provide an update as soon as a date is scheduled or more information is available.
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September 12, 2019
Claims for amounts owing to Retirees
Representative Counsel prepared and advanced claims on behalf of the former employees and retirees for the following amounts owing to them by Sears Canada:
a) the amount of $260 million owing by Sears Canada to the underfunded Sears Canada Plan on its wind-up, which is referred to as the Pension Deficit Claim. This claim was also submitted by Morneau Shepell and it was agreed that only one claim would proceed in the CCAA claims process. We asserted a deemed trust priority for this claim. Following a mediation with Justice Morawetz, this claim was settled;
b) terminated OPEBs in the claim amount of approximately $421 million;
c) a claim for terminated supplemental pension plan benefits , which is under negotiation with the Monitor, and,
d) a claim for the terminated lifetime purchase discount in the amount of approximately $13.7 million;.
Based on the estimates provided by the Monitor based on the cash available in the estate of Sears Canada, distributions to unsecured creditors of Sears Canada Inc. will only be paid at approximately 6 to 8 cents on the dollar of their claim amounts. There are no remaining secured creditors of Sears Canada.
Employees and retirees of SLH Transport Inc., an affiliated company of Sears Canada, should receive approximately 15 to 20 cents on the dollar of their claim amounts based on the cash available in the estate of SLH Transport. Unsecured creditors of Corbeil Electrique Inc. should be paid their claim in full as the assets in the estate of Corbeil are sufficient to pay all Corbeil creditors’ claims in full.
CCAA Plan of Compromise and Creditors’ Meetings
On February 12, 2019, the Monitor brought a motion to the CCAA Court to file a proposed Plan of Compromise (the “CCAA Plan”). Generally, a “Plan of Compromise” in a CCAA proceeding is an agreement reached between the company and its creditors as to how the company will treat the payment of creditors’ claims, and typically involves partial payments with respect to those claims due to insufficient funds in the estate of the insolvent company. For this agreement to become binding on creditors and the company, it must pass a vote by a required majority of creditors held at a creditors meeting (the “Creditors’ Meeting”). If the Plan passes that vote, then it must be approved by the Court. If approved by the court, the Plan can then proceed to implementation after which distributions to creditors can commence.
Distributions to creditors, including retirees, on their accepted claims are expected to be paid by the Monitor in at least two instalments. The distribution will not occur until the CCAA Plan passes a vote of creditors and is approved by the Court.
A Creditors’ Meeting was initially scheduled for the end of March, 2019 however, certain issues arose with respect to conditions that need to be fulfilled in the proposed CCAA Plan that require additional time to resolve. The Monitor and major creditors, including Representative Counsel are continuing to work towards the resolution of certain pending matters before being able to bring the proposed CCAA Plan forward again and announcing a new date for the Creditors’ Meetings. We will post the date of the rescheduled Creditor’s Meeting and further information as soon as it has been set.
2013 Litigation regarding the $509 million dividend paid by Sears Canada
As previously reported, in December 2018, following extensive investigations into the affairs of Sears Canada, three lawsuits were commenced against various defendants including certain former directors of Sears Canada, ESL Investments Inc., Edward Lampert, and others (the “Dividend Litigation”). All of the lawsuits relate to the payment of the $509 million dividend by Sears Canada in 2013. These lawsuits are currently ongoing.
On April 10, 2019, the Monitor, the Litigation Trustee, the Pension Plan Administrator and the Representative Plaintiff (together the “Canadian Plaintiffs”) filed proofs of claim in the proceedings of Sears Holding Corporation (“SHC”) under Chapter 11 of the United States Bankruptcy Code with respect to the 2013 Dividend.
The current timetable for the litigation includes the following:
- Statements of Defence for the defendants other than Sears Holding Corporation to be served by May 10-July 29, 2019;
- Documentary production to be completed by June 30, 2019;
- Statement of Defence for Sears Holding Corporation – September 16, 2019;
- Discovery Period – November 22, 2019-December 16, 2019;
- Motions Regarding Refusals to be Delivered – February 3, 2020;
- Mediation – February and April 2020; and,
- Trial to commence May 19, 2020.
Any recovery obtained from the lawsuits would translate into increased distributions to Sears Canada’s creditors, including the retirees. Further information on this litigation can be found on the Monitor’s website at: http://cfcanada.fticonsulting.com/searscanada/Estate2013DividendLitigation.htm
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December 29, 2018
On December 19, 2018, three lawsuits were filed by the Monitor in the Sears CCAA Proceedings, the Hon. Douglas Cunningham, Q.C. the Litigation Trustee as appointed by the Sears CCAA Court, and Morneau Shepell as the replacement Plan Administrator for the Sears Registered Retirement Plan. The claims focus on the declaration of a $509M dividend that was declared by the board of directors of Sears Canada on December 6, 2013.
To view the Monitor’s claim against the dividend as a transfer at undervalue, click here.
A case management judge has been appointed by the CCAA Judge to manage the litigation and set timetables for the completion of major steps.
Representative Counsel sits on a Litigation Committee with other major creditors that regularly meets with the Monitor, Litigation Trustee and Morneau to review the status of the litigation. We are working closely with the court-appointed Representatives, and we will update the website with developments in the litigation.
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November 30, 2018
On October 18, 2018, Representative Counsel entered into a tentative settlement with the CCAA Monitor, along with the Ontario Superintendent of Financial Services on behalf of the Ontario Pension Benefits Guarantee Fund, and Morneau Shepell (the firm appointed as wind up administrator of the Sears Canada Pension Plan), to settle the motion we filed in the Sears Claims Process claiming a deemed trust priority for the Sears Canada Pension Plan members in the amount of the wind up deficit (approximately $260 million) in the Sears Canada Pension Plan.
The settlement is subject to conditions which must be fulfilled before it becomes a binding agreement.
The settlement will treat the pension deficit claim at 2½ times the actual amount of the pension wind up deficit, or a claim in the estate of Sears Canada of approximately $650 million for distribution purposes from the estate of Sears Canada.
At this stage, the vast majority of assets of Sears Canada have been sold and there is only expected to be about $180 million available for distribution to all of Sears Canada creditors. Borrowing from economic theory, the law of diminishing returns applies in this case. Despite its merits, the pension deficit deemed trust claim was opposed by the Monitor and other creditors and would have likely led to protracted litigation and appeals. Most of the litigation costs opposing the claim would have been paid from the estate of Sears Canada. The longer the deemed trust litigation continued, the less there would be left in the estate for the claims of Sears Canada Pension Plan members and other retiree claims. In addition, litigation risk is always a factor.
Pursuant to the settlement, the pension deficit claim (accepted at 2½ times the actual deficit amount) will also receive its share of any litigation proceeds that are recovered in the upcoming litigation.
In addition to the pension deficit claim, the claims we submitted on behalf of Sears retirees for their terminated health and life insurance claims (claim amount of approximately $421 million), the purchase discount claim (for $13.7 million), and the unfunded supplemental pension claim (amount under discussion with the Monitor) remain in the estate as accepted claims and eligible retirees will receive a distribution in the future. The total amount of retiree claims in the estate, including the pension deficit claim of approximately $650 million, is therefore 1.2 billion.
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October 25, 2018
Status of motions for pension priority based on PBA deemed trust and lien and charge
Recently, our firm as Representative Counsel, along with Morneau Shepell and the Superintendent of Financial Services, have been in negotiations with the Monitor with respect to settling the motion we filed on behalf of the Sears Pension Plan members, and the Joint FSCO/Morneau motions for a priority payment to the Sears Pension Plan with respect to the wind-up deficit owing by Sears to the pension plan based on the Ontario Pension Benefits Act deemed trust and lien and charge priority provisions.
Last week, we, along with Morneau and FSCO, entered into an agreement with the Monitor to settle the pension plan deemed trust and lien and charge motions. This agreement is subject to certain conditions. While these conditions are being worked on, we have agreed to adjourn the motions that were scheduled for November 1 and 2, 2018. On October 22, 2018, we attended before the CCAA Judge who granted the adjournment. To view the Endorsement, please click here.
We will keep you apprised of developments with respect to the settlement.
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July 23, 2018
Deemed Trust Motion
On Friday, July 20, 2018, our firm, on behalf of all retirees and former employees of Sears Canada with pension claims, filed a motion with the CCAA Court seeking, among other things, a declaration that the amount of the pension wind up deficit (the “Wind Up Deficit“) is deemed to be held in trust by the company for the beneficiaries of the Sears Canada Plan.
Under section 57(4) of the Ontario Pension Benefits Act, the deemed trust captures an amount owing by Sears Canada to the plan that has not been paid. We are seeking a declaration that this deemed trust applies to the Wind Up Deficit of the Sears Canada Plan.
Our motion also seeks a further declaration that this deemed trust has priority ahead of all the other remaining creditors in the estate. We are, therefore, seeking an order from the court directing the Monitor to pay the amount of the Wind Up Deficit from the assets in the estate of Sears Canada into the fund of the Sears Canada Plan.
In addition, we are seeking a declaration that Morneau Shepell, as the replacement plan administrator, has a lien and charge over the same amount of the Wind Up Deficit in favour of the plan. This is an additional secured interest over the remaining assets of the Sears Canada estate in favour of the Sears Canada Plan, in the event that our deemed trust claim is not successful.
A copy of our motion materials can be found here. We expect this motion to be heard in the fall. If successful, we expect that most of the remaining assets of the Sears Canada estate will go towards reducing the Wind Up Deficit.
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July 6, 2018
Mediation on June 13-14, 2018
On May 9, 2018, the CCAA Court approved a mediation to be held June 13-14, 2018 among the major stakeholders to discuss various issues, including the allocation of recoveries in the CCAA proceedings. The mediation did not result in a mediated solution among the creditors. Following the mediation, various parties have considered alternative approaches. We will be seeking to bring a motion for a declaration that the PBA deemed trust is applicable in favour of the pension plan beneficiaries in the amount owing by Sears Canada to the pension plan and that a distribution in respect of the wind up deficit claim should be made forthwith.
Liquidation Sales
Sears Canada is continuing to wind-down their operations in an orderly manner and complete the liquidation of their remaining assets, including certain owned real estate assets. The inventory liquidation processes for Sears Canada have been completed. In addition, the sales of all of the residual assets have substantially been completed.
Pension Reductions
In June 2018, letters were sent by Morneau Shepell, the Pension Plan Administrator, to all retirees and beneficiaries who are receiving a monthly pension notifying them of any applicable future pension reductions. Cutbacks to pensions will occur commencing with the August 1, 2018 pension payment. Morneau Shepell has reviewed the current funded status of the Sears Canada Plan and has determined, as an interim measure, to reduce monthly pension benefits to 70% during the wind-up process. At the end of the wind up process, any net over or underpayment paid to pensioners will be taken into account when determining the amount of pension they will receive on final settlement of plan benefits by annuity purchase.
For members who are former Sears Canada employees with employment service in Ontario, the Pension Benefits Guarantee Fund will apply to the first $1,500 of the members’ monthly pension. This means that the first $1,500 of any eligible monthly pension paid in respect of Ontario employment will be fully paid and any excess over $1,500 per month will be paid at the 70% during the wind up process.
We will continue to post new developments as they occur.
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March 29, 2018
Archived versions of the webinars held on March 28, 2018 are available at the following links:
English: http://bell.media-server.com/m/p/gcfxzwhi
French: http://bell.media-server.com/m/p/rwsdgqzq
To view a copy of the English PowerPoint presentation used for the webinar please click here.
To view a copy of the French PowerPoint presentation used for the webinar please click here.
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March 19, 2018
Pension Tax Information for 2017
If you received pension related income in 2017 from the Sears Canada Inc. Registered Retirement Plan, Sears Canada is required to provide you with a T4A tax form identifying these distributions and any related withholdings. We have received confirmation from Sears Canada that physical copies of the T4A forms were mailed to individuals on February 27, 2018. If you received a lump sum distribution, you may also receive a duplicate form. This was the result of a technical issue at Sears Canada, however we have been assured that the Canada Revenue Agency has received the correct information. If you believe that you received pension distributions in 2017, but you have not received a T4A related to these distributions, please contact our office at searsrepcounsel@kmlaw.ca or 1.800.244.7120, as this may be due to an incorrect address on file with Sears Canada.
In addition, recipients of MSP Premiums in British Columbia and members of the group life insurance plan received incomplete forms through mysears.ca. This information has been corrected, and updated forms were mailed to recipients during the week of March 5, 2017. Please note that the T4A form is separate from the T4 form that you receive for employment income. The T4 form was only provided through mysears.ca, unless a special request was made to Sears Canada for a physical copy. If you are having issues related to your T4 form, please contact Ursel Phillips at SearsCanadaEmployees@upfhlaw.ca or 1.844.855.8352.
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March 7, 2018
Upcoming Webinar on March 28, 2018
In order to assist in understanding the Employee and Retirees Claims Process, and what steps – if any – need to be taken by individual claimants, Pension Representative Counsel will be hosting a webinar (in English and in French) on March 28, 2018 at 10 a.m. (EST) in English and at 2 p.m. (EST) in French.
The webinar on March 28, 2018 can be accessed in two different ways:
- Live Web Presentation: If you have a computer with internet access, you can access the webinar on March 28, 2018 through the links below. If you are accessing the webinar online, you do not need to register beforehand, but please ensure you do not have any issues accessing the links below at least a few days before the live webinar.
English: Wednesday, March 28, 2018 at 10:00 a.m. (EST)
http://bell.media-server.com/m/p/gcfxzwhi
French: Wednesday, March 28, 2018 at 2:00 p.m. (EST)
http://bell.media-server.com/m/p/rwsdgqzq
- Telephone attendance: If you do not have access to a computer with internet, there will be a dial-in audio-only option for the listed webinars. You can sign up for this service by leaving a voice message on the Koskie Minsky hotline at 1-800-244-7120. Please leave a message leaving your name, telephone number and the date and time of the webinar that you wish to join. A Koskie Minsky representative will call you to confirm your participation. Please register by noon on Monday, March 26, 2018 to ensure a representative can call you back in time with the information.
If you are unable to attend, archived versions of the webinars will be posted 48 hours after the live webinar and will be available for a year after the presentation.
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March 2, 2018
In February, 2018, we as Representative Counsel to all retirees and former employees of Sears Canada brought forward a motion to appoint a Litigation Investigator to investigate claims and potential litigation for the benefit of all creditors of Sears Canada.
As reported in the public domain, the financial circumstances of the demise of Sears Canada are egregious:
- From 2005 to 2013, almost $3 billion in dividends were paid by Sears Canada to shareholders;
- The Sears Canada Pension Plan is underfunded by $270 million;
- In June, 2017, Sears Canada obtained CCAA protection and proceeded to liquidate and shut down its business; and,
- Unsecured creditors are facing a recovery of $0.00 to $0.10 cents on the dollar of their claims (Monitor’s 13th Report, para. 23).
The Monitor in its 11th report announced that it is investigating certain potential reviewable transactions involving Sears Canada, including certain of the dividend payments, as well as the sale of the Craftsman trademark. The Monitor reported that “further review of [these] Transactions is appropriate” (para. 53).
Our motion to appoint a Litigation Investigator proceeded today before the court. Lawyers for Sears Holdings, Edward Lampert and ESL Investments attended in court and objected to various aspects of the motion.
We are pleased to report that Mr. Justice Hainey granted our motion and issued an order today appointing the law firm of Lax O’Sullivan Lisus Gottlieb LLP as the Litigation Investigator. The mandate of the Litigation Investigator is to investigate, review, and report on all potential claims that Sears Canada and/or its creditors may have against any third parties, including current and former directors, shareholders, and advisors of Sears Canada. A copy of the court order can be viewed here: Litigation Investigator Order.
As part of the court’s order, the formation of a Creditors’ Committee comprised of members of various major creditors groups, including Pension Representative Counsel, landlords, class action plaintiffs, FSCO and Morneau as pension plan administrator, was also approved to consult with the Litigation Investigator.
The terms of the Litigation Investigator Order contemplate that its mandate will proceed in two stages. First, the Litigation Investigator will review all potential claims that would benefit all creditors of Sears Canada and report to the Creditors’ Committee with recommendations regarding a proposed litigation plan. In the second stage, the Litigation Investigator would return to Court to seek authorization to pursue litigation for the benefit of all creditors of Sears Canada.
We believe that the appointment of the Litigation Investigator is an important positive step to identify and examine all potential claims against various parties in a coordinated, organized, and cost-effective manner for the benefit of all creditors of Sears Canada. We will report further on the Litigation Investigator in future postings.
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February 27, 2018
On Thursday, February 22, 2018, the CCAA Court approved the Employee and Retiree Claims Process through which the claims of all employees and retirees of Sears Canada will be valued. For the last three months, Pension Representative Counsel and the Pension Representatives have worked closely with the Monitor and negotiated extensively with the Sears Canada Entities to develop the Employee and Retiree Claims Process.
In accordance with the Employee and Retiree Claims Process, the Monitor will be mailing a Retiree Claims Package to all retirees with pension and/or retiree benefit entitlements by March 5, 2018.
There are a number of claims that will be quantified and filed in connection with the Retiree and Pensioner Claims Process, including:
- Sears Pension Claim – Pension Representative Counsel will be advancing and filing a first priority claim for the amounts owing by the employer to the defined benefit component of the Sears Canada Plan based on statutory deemed trust priority provisions in the Ontario Pension Benefits Act and the Ontario Personal Property Security Act. You do not need to take any action to advance any claim you may have in respect of any defined benefit entitlements under the Sears Canada Plan.
- Retiree Benefit Claim (Health, Dental, and Life Insurance) – As you are aware, on October 1, 2017, the Sears Canada Entities terminated the payment of health, dental and life insurance benefits (including MSP premiums for B.C. residents) to eligible retirees or their surviving spouses. The termination of those amounts generate claims that reflect the loss of the future payment of these benefits to each eligible individual. We, in consultation with the Pension Representatives and our actuary (Segal Company) have had discussions with Sears Canada and the Monitor with respect to the calculation of these claims. The formula for calculating these claims has been approved by the CCAA Court. All eligible retirees will receive a Retiree Benefit Claims Statement, which will include the full amount of their individual Retiree Benefit Claim along with their personal information that was used to calculate the claim. You will be provided with an opportunity to review your Retiree Benefits Statement and to make any corrections to the personal information data that was used to value your claim. If your personal information data is correct, you do not need to take any further action. Please note that the deadline to make any corrections to your personal data and complete the Retiree Request for Correction Form is 5:00pm Eastern Standard Time on May 7, 2018.
- Retiree Discount Claim – Individuals who were previously eligible for a lifetime discount will have a claim in the amount of $840 submitted by the Sears Canada Entities on your behalf. You do not need to take any action to file your retiree discount claim.
- Supplemental Pension Plan Claim – We, in consultation with the Pension Representatives and our actuary (Segal Company) will be calculating and filing a claim on behalf of all retirees with entitlements under the Sears Canada Inc. Supplemental Retirement Plan. We will be providing more information under separate cover to all eligible retirees regarding the amount of their supplemental pension claim in the coming weeks.
If you feel that you have a claim that is not covered in the Retiree Letter and/or Retiree Package that you will receive, you will also be provided with an opportunity to file a proof of claim. The deadline to file a proof of claim is 5:00pm Eastern Standard Time on April 9, 2018.
Documents relating to the Employee and Retiree Claims Process can be accessed here:
- Employee and Retiree Claims Procedure Order
- Notice to Claimants
- Retiree Claims Package
- Letter from Koskie Minsky
It is important to bear in mind that the claims process will generate a claim on your behalf, but the distribution of the estate of the Sears Canada Entities is many months away. The determination of claims in this process will not result in the payment to retirees of 100% of the value of proven claims.
Please check the KM website frequently in order to keep informed about progress and important dates.
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January 8, 2018
We are currently in discussions with the company, Monitor and other applicable stakeholders regarding the terms of the Pensioner Claims Process, which will be brought before the court for approval in the near future. As part of the Pensioner Claims Process, a claim will be calculated and advanced for the amounts owing to the Sears Canada Plan by the employer, including unpaid special payments and the wind up deficit. As we previously advised, we have asserted a first priority claim against the assets of Sears Canada on behalf of the Sears Canada Plan members based on statutory deemed trust priority provisions in the Ontario Pension Benefits Act and the Ontario Personal Property Security Act which we expect to advance further in the Pensioner Claims Process. We will provide further updates on the Pensioner Claims Process as more information becomes available.
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December 19, 2017
The CCAA Court recently approved a general claims process established by Sears Canada to identify certain creditor claims against the company and former directors and officers of the company (the “Claims Procedure Order”). Pursuant to the Claims Procedure Order, a letter will be mailed shortly to all non-unionized employees and retirees of Sears Canada providing more information on the general claims process. The general claims process does not include pension and other post-employment benefit claims. A separate Pensioner Claims Process is being developed and more information will be provided once that process has been finalized. To view our letter dated December 13, 2017, please click here.
Please note that a copy of this letter is available on the Monitor’s website as well as the Sears Canada employee portal (mysears.ca).
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December 6, 2017
NoID issued by FSCO to Wind Up the Sears Pension Plan
On November 10, 2017, the Financial Services Commission of Ontario (“FSCO”) issued a Notice of Intended Decision (“NoID”) to wind up the Sears Canada Plan, effective October 1, 2017. It can be viewed here. Absent any objections to the NoID, we expect that the Superintendent will proceed to issue the formal order for the pension plan wind up. Once the order is made, we expect to withdraw our Wind Up Motion, which can be viewed here.
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November 9, 2017
Reminder: Deadline Approaching for Other Retiree Health and Dental Coverage Options
Further to our letter dated September 11, 2017, which can be viewed here, we are reminding all eligible Sears retirees that they have until the end of November 2017 to apply for coverage for health and dental benefits through Manulife and Sun Life, without providing medical evidence of good health.
If you are interested in the health benefit products with Manulife or Sun Life, please contact the insurance companies directly at the following coordinates:
Sun Life: 1-877-893-9893
Manulife: 1-844-313-1234
In addition, we have recently been informed by Sun Life that there are special circumstances regarding life insurance coverage for eligible Sears retirees who are over 100 years of age. If this applies to you, please contact us for more information at searsrepcounsel@kmlaw.ca or 1-800-244-7120.
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October 30, 2017
Liquidation of Sears Canada is now proceeding
We previously reported that Sears Canada sought court approval to conduct a full liquidation. Liquidation sales have begun and the company is preparing for its wind down. As the pension plan members are a significant creditor group in the CCAA proceedings, we are closely monitoring the liquidation process to ensure that the value of the estate is maximized.
Pension Priority Claim
Given the underfunding in the Sears Canada Pension Plan, we as Representative Counsel to the retirees have asserted that the amount that the company owes to the Sears Pension Plan, including unpaid special payments and the wind up deficit, is subject to a statutory deemed trust priority in favour of all plan members under the Ontario Pension Benefits Act and the Ontario Personal Property Security Act. We have sent a letter to the Monitor and all parties in the CCAA proceedings asserting a first priority claim against the company’s estate on behalf of the pension plan members, which shall be paid ahead of all other creditors (subject only to the CCAA-court ordered charges). To view a copy of our letter, please click here.
Appointment of Replacement Pension Plan Administrator
On October 17, 2017, the Ontario Superintendent of Financial Services appointed the actuarial firm of Morneau Shepell to take over the administration of the Sears Canada Pension Plan. Member inquiries related to individual pension entitlements can be directed to Morneau Shepell at 1-888-841-8956 or by email at searspension@morneaushepell.com.
Given the appointment of a replacement pension plan administrator and the fact that the liquidation of the company is proceeding without a going concern solution, we will be discussing the future of the Sears Canada Pension Plan with the Superintendent and Morneau to achieve the best outcome for the pension plan members. We will continue to provide updates as information becomes available.
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October 12, 2017
The Liquidation Agreement
On Friday, October 13, 2017, the Company will be bringing a motion before the CCAA Court for approval of an agreement it has entered into with a liquidation company to commence the process for the liquidation of all remaining Sears Canada store locations. The Company and the Monitor received three sets of proposals from potential liquidators and selected Gordon Brothers Canada ULC and Merchant Retail Solution ULC as the successful liquidation bidder. If the Liquidation Agreement is approved by the court on October 13, 2017, liquidation sales are expected to begin on October 19, 2017 and are to conclude by January 21, 2018. These dates may change upon agreement by the Company and the Liquidators, with approval of the Monitor and the DIP Lenders and other stakeholders. We were consulted in the negotiation of those agreements and contributed to discussions to improve the terms of the agreement to generate higher recoveries for Sears Canada in the liquidations sales.
The Going-Concern Bid
As part of the Sales Process conducted by Sears Canada while it is under CCAA protection, a going concern bid was put forward by a group led by Brandon Stranzl (the “Stranzl Group”) who is Sears Canada’s executive chairman, for the continuation of approximately 70 Sears Canada stores. Over the past week, our firm and the Court-appointed retiree Representatives, as well Employee Representative Counsel, became actively and directly involved in discussions and negotiations with the company, Stranzl Group, the Ontario government and the Monitor in order to assist in reaching an agreement that would result in a going-concern agreement. Unfortunately, to date, an agreement between Sears Canada and the Stranzl Group has not yet been achieved.
In the event a Going Concern can be achieved, the Liquidation Agreement provides the Company with the option of terminating the liquidation process at any time prior to 5:00pm EST on October 18, 2017 for the purpose of pursuing a going concern transaction. The Company’s Motion Record is available here.
Commuted Value Withdrawals
At this time, monthly pension benefits are continuing to be paid without reduction. Since the plan is only about 81 per cent funded on a wind-up basis as at December 31, 2015, there may be future reductions to your monthly pensions. However, this will depend on a number of factors, including the outcome of the insolvency proceedings. We anticipate that the Financial Services Commission of Ontario (FSCO) will appoint an administrator (an actuarial firm) to wind up the Pension Plan. As a reminder, those employees who wish to withdraw the commuted value of their pension benefit from the Plan will have the value reduced to reflect the 81 per cent transfer ratio.
We will continue to provide updates as information becomes available.
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September 14, 2017
A letter has been mailed to all non-unionized retirees with life insurance coverage and/or health and dental benefits with Sears Canada. The letter and the enclosures can be viewed here.
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September 12, 2017
Important note: Contrary to recent reports by certain media outlets, the Sears Canada Registered Retirement Pension Plan is not being wound up at this time and monthly pension benefits are continuing to be paid without reduction.
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September 5, 2017
We are preparing a mailing on post-retirement benefits with details on the procedures to follow as well as discussing various options for other insurance you may wish to purchase on your own going forward.
As a reminder, health and dental coverage provided by Sears Canada will be suspended at 11:59pm on Saturday September 30, 2017. Please ensure that you submit all health and dental reimbursement claims that you incurred up to and including Saturday September 30, 2017 to Sun Life Financial by no later than Sunday October 1 , 2017.
Claims can be submitted by the following methods:
1. Obtain the applicable claim form from www.sunlife.ca and mail your completed form to the claims office nearest you:
Sun Life Assurance Company of Canada
PO Box 11658 Stn CV
Montreal QC H3C 6C1or
Sun Life Assurance Company of Canada
PO Box 2010 Stn Waterloo
Waterloo ON N2J 0A62. Members can submit vision, paramedical, dental, and drug claims electronically through mysunlife.ca or the mobile app if they have an online account with Sun Life. For more information on how to register online, please click here.
Sears has agreed that claims to Sun Life that are post-marked on or before October 1, 2017 will be considered as received by October 1, 2017 and will be processed. Claims received on or after October 2, 2017 will not be accepted for processing by Sun Life.
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August 15, 2017
On August 14, 2017, we filed a motion for an order directing Sears Canada Inc. to wind up the Sears Canada Registered Retirement Plan and to continue payment of monthly pension benefits, without interruption, during the wind up process.
While under CCAA protection, Sears Canada is running a sales process to sell itself, in whole or in parts, to potential purchasers. The company is also closing over 50 stores, conducting a liquidation sales process for those stores, and does not appear to be restructuring. In these circumstances, we do not believe that any purchaser will agree to take over the liabilities of the Sears Canada Pension Plan and that the wind up of the pension plan is inevitable. The wind up will need to be done either by the company or the provincial pension regulator, the Superintendent of Financial Services of Ontario (the “Superintendent”). As reported by the company the Sears Canada Pension plan is underfunded by $266.8 million on its wind up.
Under the Ontario Pension Benefits Act (“PBA“), there is a remedy for the members of an underfunded pension plan called the deemed trust in favour of the pension plan beneficiaries for the amount owing and not paid by the employer to a pension plan on its wind up. The PBA deemed trust, and the priority given to the deemed trust in the Ontario Personal Property Security Act (“PPSA”), is an vital remedy to help avoid pension benefit losses for members of an underfunded pension plan. The PBA/PPSA deemed trust was held by the Supreme Court of Canada in the 2013 Indalex decision to apply in CCAA proceedings (subject only to the doctrine of paramountcy). The PBA/PPSA wind up deemed trust operates as a priority in favour of pension plan beneficiaries over other creditors, including secured creditors, over certain assets of the company.
In the circumstances of the Sears Canada CCAA proceedings, we are concerned with the delays by the company and the Superintendent to wind up the Sears Canada Pension plan, which delays can put the PBA/PPSA wind up deemed trust priority for the pension plan members at risk. The main objective of our motion is to secure the deemed trust priority in favour of the pension plan beneficiaries as soon as possible. To view our motion materials, please click here.
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August 14, 2017
It has come to our attention that a mailing from Sears Canada Inc., dated June 28, 2017, contained an incorrect local Toronto phone number for contacting the company regarding pension or benefits. The correct number is 416-572-7300.
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July 25, 2017
Update on Pension Election Forms
We have been notified by a few individuals that they have now received their termination statements (or pension election forms) after experiencing some delays from Sears Canada. If you have not yet received these documents, please contact the Sears Canada HR Service Centre at HRSC@sears.ca or 1-888-444-9444 (locally in Toronto 416-572-7300).
In light of the CCAA filing, Sears Canada as plan administrator has determined that those members who elect commuted value (CV) payments after June 12, 2017 will not receive the full value of their defined benefit pension entitlements at this time. This is as a result of the underfunding in the Sears pension plan. Members whose pension election forms are received by Sears after June 12, 2017 will only receive 81 % of their commuted value. The remaining 19% is payable over five years, but we cannot yet say when or if the additional 19% will be paid. Whether or not you will receive the balance of your CV payments will be determined based on a number of factors, including the outcome of the insolvency proceedings, whether the Pension Plan is wound up, and what additional amounts, if any, will be paid on its wind up. At this time, we do not have information on how this will proceed. The initial transfer at 81% of the commuted value is based on the Transfer Ratio as shown in the actuarial valuation report prepared as at December 31, 2015.
Please contact us if you have any questions specific to your individual circumstances.
We will continue to provide updates as information becomes available.
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July 24, 2017
A letter will be mailed on Wednesday, July 26, 2017 to all non-unionized retirees, and active and former employees affected by the appointment of Koskie Minsky LLP as Representative Counsel. To view a copy of the Letter (in English and in French), please click here.
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July 13, 2017
On July 13, 2017, the Ontario Superior Court of Justice (Commercial List) (the “CCAA Court”) approved the terms of a settlement reached between Representative Counsel (on behalf of those retirees, employees and former employees represented), the Ontario Pension Benefits Guarantee Fund (“PBGF”), and Sears Canada in respect of Sears’ motion seeking to immediately suspend the following:
- Post-retirement benefits including life insurance, medical and dental benefits.
- Special payments owing under the registered pension plan (the “Sears Pension Plan”);
- Supplemental pension payments;
The settlement provides, among other things, the following:
- Continuation of life insurance, medical and dental benefits, up to and including September 30, 2017, subject to further order of the Court;
- Continuation of special payment contributions by Sears Canada to the Sears Pension Plan and Supplemental pension payments, up to and including September 30, 2017, subject to further order of the Court;
- Subject to certain confidentiality restrictions, the PBGF and Representative Counsel will also be provided with access to certain financial and other information, as set out in greater detail in the Term Sheet.
- The settlement also preserves the ability for Pension Representative Counsel to bring a motion before the CCAA Court to seek a wind-up of the Sears Pension Plan and to claim priority as a result of a pension deemed trust and/or administrator’s lien and charge in accordance with the Pension Benefits Act.
- In exchange for the above, Representative Counsel and PBGF agreed not to oppose the orders sought by Sears Canada on July 13, 2017 approving the (i) the debtor-in-possession financing and related charges; (ii) the terms of the proposed amended and restated Initial Order and (iii) the Sale and Investment Solicitation Process (“SISP”).
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July 11, 2017
On July 6, 2017, Sears Canada Inc. filed a motion seeking to suspend the following:
- Special payments owing under the registered pension plan;
- Supplemental pension payments;
- Post-retirement benefits including life insurance, medical and dental benefits.
Based on the material, Sears is seeking to suspend medical and dental benefits as of July 31, 2017 and life insurance will be suspended as of August 31, 2017.
Representative Counsel is working on a response and will provide information as it becomes available. To view a copy of the motion material please click here.
The motion will be heard on Thursday July 13, 2017 at 10 am at the Ontario Superior Court of Justice located at 330 University Avenue, Toronto, Ontario in court room 8-1.
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June 23, 2017
At this time, the company has not made any change to retiree pension or health benefits. However, we are in discussions with the company about its intentions while it is under CCAA protection. We are particularly concerned with the company’s plans for the Sears pension plan and other retiree benefits. We anticipate motions will be brought by Sears for approval to suspend making special payments to the pension plan and to suspend health benefits. The company’s intentions with respect to these matters is set out in the company’s CCAA materials which were filed with the court. We understand that it intends to bring these issues before the court by July 13, 2017. We are having discussions with the company about their proposed motions and will report to you further.
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March 5, 2024
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FAQS
Sears Canada Inc. – Frequently Asked Questions
- Does the pension plan wind up mean that my pension payments will stop?
No. Your pension payments will continue to be paid. The wind up only changes who pays your pension. Payments that were formerly coming from the Sears Canada Pension Plan will be paid from a Canadian insurance company once the Wind Up report is approved.
- If I received a Plan Distribution payment from the Sears Canada Entities on account of my Retiree Benefits Claim, does that mean that my pension payments will stop?
No. Your Plan Distribution payment from Sears Canada Entities on account of your Retiree Benefits Claim does not impact your pension entitlements.
- Will my pension be further reduced?
For members outside Ontario, pensions in pay have increased as of May 1, 2021 to 86% of your pension entitlement. For example, a person with an entitlement to a $2,000 monthly pension will receive approximately $1,720 per month.
For members in Ontario, the Pension Benefits Guarantee Fund provides that the first $1,500 of monthly pension will be paid at 100%. Amounts over $1,500 are subject to the same 86% payment level as those outside Ontario. For example, an Ontario member with an entitlement to a $2,000 monthly pension will receive approximately $1,930 per month (100% of first $1500 and 86% of remaining $500)
The current funded ratio is an estimate, and it is possible the final funded ratio may be higher or lower than 86%. However, the Pension Plan administrator has calculated this estimate using conservative assumptions making it unlikely that the final funded ratio will be less than 86%.
- Will I have the option to transfer my entitlements out of the pension plan?
The options available to Plan members vary somewhat depending on the province in which they were employed. In general:
Outside Quebec:
- Pensioners will have annuities purchased to provide them with pension benefits.
- Non-pensioners will be able to choose between a pension or a lump-sum roughly equivalent to the value of their pension (a commuted value). A number of active members have already made this election.
Quebec:
- Non-pensioners must take a lump-sum transfer.
- Pensioners may elect to either transfer their pension entitlement to Retraite Québec to be administered for a period of up to 10 years, or to have their benefit settled by annuity purchase.
- Will my spouse still be entitled to a survivor pension once the wind up is complete?
Yes. All of the terms that are applicable to your existing pension will carry forward to the arrangement that is made with the insurance company.
- What happens if a member has passed away?
With respect to the pension plan, surviving spouses who were entitled to a survivor pension will receive that pension. If another beneficiary is entitled to the pension, they will also be entitled to whatever amount they would have been entitled to had the plan not been wound up.
With respect to claims for other post-employment benefits, the value of the claim is payable to the member’s estate.
If you are the estate representative or surviving spouse of a retiree or former employee of Sears who has passed away, you should contact Representative Counsel (Koskie Minsky LLP), the Pension Plan Administrator (Morneau Shepell) and the Court-Appointed Monitor (FTI Consulting Canada Inc.) and inform them of this. It is important that you contact all three parties to ensure that everyone has current records. Their contact information is as follows:
Koskie Minsky LLP
Representative Counsel
20 Queen Street West, Suite 900
Toronto, ON M5H 3R3
Toll-Free number: 1 800 244 7120
Email: searsrepcounsel@kmlaw.caMorneau Shepell
Pension Plan Administrator
895 Don Mills Road, Tower One, Suite 700
Toronto, ON M3C 1W3
Toll-free number: 1-888-841-8956
Email: searspension@morneaushepell.comFTI Consulting Canada Inc.
Court Appointed Monitor
Hotline: 1-855-649-8113
Phone: 1-416-649-8100
Email: searscanada@fticonsulting.com
Fax: 416-649-8101- How were my non-pension benefit claims calculated?
Your claims for other post-employment benefits, such as life and health insurance, was calculated based on an actuarial methodology agreed to between your Court-Appointed Representatives, Representative Counsel and the Court-appointed Monitor and the actuarial professionals retained by those individuals.
Additional information can be found in the Employee and Retiree Claims Procedure Order dated February 22, 2018, which is posted on the Monitor’s website here.
- Is tax deducted from these payments?
Yes, Sears Canada Entities have reached agreements with the Canada Revenue Agency and applicable provincial taxing authorities on how Plan Distribution payments should be taxed at source. The amount of taxes deducted are shown on the letter sent to you by FTI Consulting Canada Inc. (Court Appointed Monitor) and on the Statement of Earnings and Deductions sent to you by ADP (payroll company). Please note that your true tax liability will be determined when you file your 2021 tax return. Then you may receive a tax credit or may be required to pay additional taxes based on your personal circumstances.
- I haven’t received my Plan Distribution payment on account of my Retiree Benefits Claim or a Lifetime Discount Claim, who do I contact?
If you haven’t received your Plan Distribution payment, your Plan Distribution payment was sent to the wrong address and has to be re-issued, or you would like to change your direct deposit information, please reach out to FTI Consulting Canada Inc. (Court Appointed Monitor ) and they will coordinate with you as necessary.
FTI Consulting Canada Inc.
Court Appointed Monitor
Hotline: 1-855-649-8113
Phone: 1-416-649-8100
Email: searscanada@fticonsulting.com
Fax: 416-649-8101 -
Contacts
Toll-Free: 1 800 244 7120
Email: searsrepcounsel@kmlaw.ca
