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Frequently
Asked Questions
Please
note that the Plan is governed by the Rules and Regulations and
the Trust Agreement through which the Plan was established, together
with any amendments to these documents. If there is any conflict
between this FAQ and the Rules and Regulations or the Trust Agreement,
the terms of the Rules and Regulations and the Trust Agreement will
apply.
Introduction
We
are pleased to provide you with this listing of Frequently Asked
Questions (FAQs). We hope you'll find many answers to your questions
here! We intend to continue adding to the list of FAQs over time.
If you have a question that you think would be of interest to other
members, we invite you to email us at info@afmepw.com
If
your question is not answered here, you may find the answer in our
Summary Plan Description at http://www.afmepw.com/summary.html
FAQ's
1.
The plan is a registered pension plan (RPP) - but there
are two types. Which type of plan is our plan?
2. How much will my pension be?
3. Why is the benefit rate on contributions
above 10% of scale wages lower than for the rest of my contributions?
4. What about early and deferred retirement?
5. Is my pension guaranteed?
6. Is my pension indexed after retirement?
7. When I look at the Fund's audited financial
statements, it appears that payouts for 2005 were approximately
$18 million, and actual investment income was around $48 million
for the same period, plus almost $7 million of contributions was
made for the year. With that significant a difference between income
and expenditures, why can't we pay more in benefits?
8. How does the spousal benefit work if I die
after retirement?
9. Can the spousal benefit be waived/removed
somehow, and why would I (or my spouse) want to do that?
10. What happens if I acquire a spouse after
I retire?
11. If I die after retirement and I don't have
a spouse, is anything payable?
12. What happens if I die, stop working or
become disabled before I retire?
13. Can pension contributions be paid on negotiated
fees?
14. Can I make my own contributions?
15. If I work in the U.S., does my employer
have to make pension contributions?
16. I work in a symphony and I am on a leave
of absence. Are pension contributions paid while I'm on that leave?
17. What happens if I'm simply not working
for a while?
18. I have an incorporated company. Can my
company make pension contributions on my behalf?
19. I am already receiving a pension, but I'm
still working. Are pension contributions still being paid? Are these
contributions treated in the same way as pension contributions made
before I started my pension?
20. I understand that the Income Tax Act prevents
me from receiving any extra benefits from contributions made after
the end of the year in which I turn age 71 (formerly age 69). Why
do the pension contributions continue after that time?
21. What is a pension adjustment (PA) and how
does it affect me?
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1.
The plan is a registered pension plan (RPP) - but there are two
types. Which type of plan is our plan?
The
two types of RPP are defined benefit and defined contribution. Your
plan is a defined benefit plan.
A defined
contribution plan works much the same as RRSPs - money is contributed,
it accumulates with tax-sheltered investment income, and the resulting
accumulated amount is used at retirement to produce income. The
amount of the income depends on the amount of contributions, the
investor's ability to maximize investment income, and the type of
income option(s) chosen at retirement.
A defined
benefit plan (such as the AFM-EPW plan) is very different. The member's
benefit at retirement is based on a defined formula. The pension
based on that formula is guaranteed to be paid for the member's
lifetime (and sometimes longer depending on the survivor benefits
provided by the plan).
In
a defined benefit plan, the contributions coming into the plan (and
investment income) are used to pay the promised benefits. The contributions
and earnings are not made to an account in respect of a single member
(as they would be if the plan was a defined contribution plan) -
they are all commingled in a single fund which is used to pay benefits
to all plan members and beneficiaries.
To
learn more about how a defined benefit plan like ours works, please
see question 7.
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2.
How much will my pension be?
Your
monthly pension is based on the following formula:
- $3.80
for each $100 of contributions made to the Plan on your behalf
for covered employment prior to 1992 plus
- $3.70
for each $100 of contributions made to the Plan on your behalf
for covered employment on or after January 1, 1992.
There's
one exception, which was effective May 1, 2006. For any contributions
in excess of 10% of scale wages, you earn $2.00 of monthly pension
for each $100 of contributions. Note that the maximum contribution
is 12% of scale wages, so the $2.00 pension per $100 of contributions
applies to any contributions between 10% and 12% of scale wages.
The
calculation above determines your monthly pension payable for your
lifetime starting at age 65. There are other benefits "attached"
to your pension, including survivor benefits and early retirement
benefits.
For
more information on how your pension is calculated, including examples,
please see our Summary Plan Description at http://www.afmepw.com/summary.html
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3.
Why is the benefit rate on contributions above 10% of scale wages
lower than for the rest of my contributions?
The
ability to accept contributions on earnings above 10% of scale wages
is new. The Trustees have had advice from our actuary who has made
a number of assumptions, including the potential impact of these
increased contributions over time on the Fund. The Trustees have
determined that the benefit rate of $2.00 is prudent and affordable
at this time.
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4.
What about early and deferred retirement?
Please
check the Summary Plan Description link, http://www.afmepw.com/summary.html,
for information about what happens if you retire early or late.
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5.
Is my pension guaranteed?
The
AFM-EPW Fund (Canada) has been in existence since April 1962, and
is required to comply with the Ontario Pension Benefits Act (the
OPBA). This legislation includes several protections for plan members,
including:
- a
requirement that the assets of the plan be held in a trust fund
which is used exclusively for the benefit of members and their
beneficiaries
- a
requirement to remit employer contributions to the fund within
30 days of the end of the month for which they are due
- rules
surrounding the investment of the plan's assets, to ensure that
they are well diversified
- a
requirement to review the fund regularly (at least every three
years) to ensure that the assets are sufficient to meet the plan's
obligations to pay benefits - for more information about this
review, which is conducted by a qualified actuary, please see
question 7.
Under
the Ontario Pension Benefits Act (the OPBA), our plan is considered
a multi-employer pension plan (MEPP). In this type of plan, employers
make contributions based on rates negotiated through unions. Since
employer contributions are fixed by negotiations (and cannot be
varied simply because plan assets become insufficient to pay promised
benefits), it is possible that the plan may have to be changed to
reduce benefits already earned and even pensions that are currently
being paid. But this has never happened in the history of our plan.
The
Board of Trustees works diligently to ensure that the benefit rates
are reasonable in light of many factors including expected income
from the contributing employers and expected investment income.
Having said that, there is always a possibility that economic or
demographic forces beyond the Trustees' control could, at some time
in the future, create a requirement to adjust earned benefits.
Also,
because our plan is a multi-employer pension plan (MEPP), it is
not covered by the Ontario Pension Benefits Guarantee Fund. (This
is a fund, to which employers of single-employer pension plans contribute,
that guarantees certain pension benefits in the event of bankruptcy,
where the pension fund has insufficient assets to pay promised benefits.)
In
summary, although there are no iron-clad "guarantees"
that a pension from any plan, anywhere, is 100% safe and secure,
the AFM-EPW Fund (Canada) is administered by a conscientious Board
of Trustees whose mission is "to administer the Plan in order
to provide the best possible benefits for its members and beneficiaries".
The Board also ensures that the Plan is administered in accordance
with the Ontario Pension Benefits Act (OPBA) and all other relevant
legislation, including the Income Tax Act.
Except
in the unusual circumstances described above, you can rest assured
that, once your pension starts, it will be paid monthly for the
rest of your life (and possibly beyond, depending on the survivor
benefits that apply).
If
you would like to read more about the Ontario Pension Benefits Act
(OPBA), here is a link to an informative brochure issued by the
Financial Services Commission of Ontario (FSCO), entitled "Your
Pension Rights":
http://www.fsco.gov.on.ca/english/pubs/consumerbrochures/your_pension_rights.pdf
The
Financial Services Commission of Ontario (FSCO) is the "administrator"
of the Ontario Pension Benefits Act (OPBA). They are responsible
for the regulation of pension plans (like ours) which are registered
under the Ontario Pension Benefits Act (OPBA).
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6.
Is my pension indexed after retirement?
An
"indexed pension" is one that is increased periodically
to reflect increases in the consumer price index (CPI). The consumer
price index (CPI) is a measure of the degree of change in the price
of goods and services purchased by Canadian consumers and is determined
monthly by Statistics Canada.
Only
about 32% of all defined benefit plans in Canada provide any form
of guaranteed indexing after retirement. Most of them are public
sector plans where funding comes, at least in part, from taxpayers.
You
may wonder why more plans do not provide guaranteed indexing - it's
because doing so is very expensive. If you compare the cost of $1
of pension where the pension has guaranteed post-retirement indexing
to $1 of unindexed pension, the cost of the indexed pension can
be 30% (or more) higher than the cost of the unindexed pension.
If
our plan were to provide guaranteed indexing, one of two things
or a combination of both would need to happen:
- in
order to receive the same amount of pension on an indexed basis,
the contributions would have to increase substantially and/or
- the
current schedule of benefits would have to be reduced
The
Board of Trustees regularly reviews the different types of benefits
that the plan provides, and makes changes periodically based on
what it believes is in the best interests of the members. Since
very few (if any) multi-employer pension plans like ours provide
guaranteed indexing, and since the cost is significant, the Trustees
have not implemented guaranteed indexing as part of the menu of
benefit provisions under the plan.
The Trustees have, however, increased pensions in pay numerous times,
on an "ad hoc" basis. There is no guarantee that increases
like this will continue to occur; however, it is certainly possible
that such increases will occur again sometime in the future.
When
you know there's no certainty that your pension will be indexed,
it's a good idea to dedicate some of your non-pension assets (perhaps
those in your personal RRSP) toward protecting your future retirement
income from the effects of long-term inflation - effectively "self-funding"
your own indexing of retirement income.
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7.
When I look at the Fund's audited financial statements, it appears
that payouts for 2005 were approximately $18 million, and actual
investment income was around $48 million for the same period, plus
almost $7 million of contributions was made for the year. With that
significant a difference between income and expenditures, why can't
we pay more in benefits?
This
question touches on some fundamental issues surrounding defined
benefit pension plans. When the Trustees consider what benefits
the plan can afford, they are required by legislation to assess
the cost of providing all benefits earned, and not just those which
are currently being paid.
Of
course it's important to have enough money in the fund to pay pensions
to those who have already retired, but it's equally important to
build up assets in anticipation of paying pensions to those who
have not yet retired. Assets also need to be there to cover benefits
on termination and pre-retirement death.
The
process involves something called an actuarial valuation. An actuary
is a specialist in the mathematics of risk, especially as it relates
to insurance and pension calculations such as premiums, reserves,
dividends, insurance and annuity rates, and pension costs.
The
Trustees employ the actuarial services of The Segal Company Ltd.
Actuaries with that company are responsible for producing the actuarial
valuation which is required by legislation to be performed at least
once every three years. An actuary cannot operate independently
- the Trustees are involved in the setting of the actuarial assumptions
that are used in performing the valuation. As always, the Trustees
must act in the best interests of the members when they are working
through this process.
An
actuarial valuation looks at the cost of benefits for everyone in
the plan - active members, terminated deferred vested members, retirees,
and beneficiaries. There's a "backward looking" exercise
and a "forward looking" one.
First,
the actuarial report compares the assets of the plan to the cost
of benefits earned ("the liabilities") to the valuation
date. It's important to know that the plan is well funded in terms
of the benefits earned to the valuation date.
As
of the last valuation, the liabilities for retirees represented
about 29% of the total liabilities. Liabilities for non-retired
members represented about 71% of the total liabilities. Back to
the question above - the Trustees are not permitted to focus only
on the 29% of liabilities that are connected to benefits of the
current retirees and beneficiaries. They must also ensure that the
money is there to support the other 71%!
Next,
the actuarial report examines the cost of future benefits being
earned in the plan - it answers the question, "How much money
is needed to be paid in the year following the valuation to pay
for the benefits we expect will be earned in that year?"
You'll
be pleased to know that the results of the last actuarial valuation
indicated that the negotiated contributions along with the assets
of the Plan and future investment earnings are sufficient to meet
the obligations of the Plan in full. This means that, unless things
take an unexpected turn over the next few years, there will be no
need to increase contributions or to reduce benefits. This is a
good thing!!
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8.
How does the spousal benefit work if I die after retirement?
Firstly,
please note that the definition of spouse differs depending on where
you work - each province is a little bit different. Generally speaking,
your spouse is a person to whom you are married and with whom you
are living; otherwise, it is the person with whom you are living
in a marriage-like relationship for a period of time (usually three
years, but less if you have children together). If you're in doubt
regarding whether your spouse is a "spouse" for pension
purposes, please contact the Fund office.
If
you had a spouse on the date your pension begins (and you and your
spouse did not waive the spousal survivor benefit), then your spouse
will receive a pension equal to 66 2/3% of the pension you were
receiving at the time of your death. This pension will be payable
for the rest of your spouse's lifetime.
At
retirement, there is an option to add a ten-year guarantee. If you
and your spouse both die during the first ten years of your pension
payments, your pension will continue to be paid to your named beneficiary
(or your estate if you did not name a beneficiary) for the ten-year
guarantee period. If you die during the first ten years, the spousal
reduction to 66 2/3% of your pension does not occur until the end
of the ten-year guarantee period. After the ten-year guarantee period
is over, your spouse, if still living, will receive 66 2/3% of the
monthly amount for his or her lifetime. In order to have this ten-year
guarantee added, your pension will be reduced - the reduction equals
the cost (as determined by the Fund's actuary) of providing you
with this extra guarantee.
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9.
Can the spousal benefit be waived/removed somehow, and why would
I (or my spouse) want to do that?
Yes,
you and your spouse can waive the spousal benefit, in which case
your pension would be paid for your lifetime but would be guaranteed
for ten years in any event. A Spousal Waiver form is available at
the Fund office.
There
could be a number of reasons for doing this - for example, if the
non-member spouse is significantly older than the member, then replacing
the spousal benefit with a ten-year guarantee could be beneficial,
or if the member has children from a prior marriage and wants them
to benefit in the event of the member's death prior to the expiration
of the ten-year guarantee.
Every
situation is different, and the answers to these questions are not
always simple. If you are thinking of waiving the spousal benefit,
we recommend you seek independent legal and/or financial advice.
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10.
What happens if I acquire a spouse after I retire?
The
plan pays a spousal benefit only to the person who was your spouse
on the date your pension began. If you did not have a spouse on
that date, then the benefit payable after you die, if any, will
be based on the ten-year guarantee described in question 11 below.
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11.
If I die after retirement and I don't have a spouse, is anything
payable?
Yes,
your pension will be paid to you for as long as you live, but for
ten years in any event. If, for example, you receive your pension
every month for 65 months and then you die, your beneficiary (or
estate if you have not named a beneficiary) will continue to receive
a monthly pension in the same amount for the following 55 months.
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12.
What happens if I die, stop working or become disabled before I
retire?
If
you are a vested member, you are entitled to benefits on pre-retirement
death, as well as on becoming totally and permanently disabled and
on termination of your membership due to stopping work.
The
term "vested" means that you have an absolute right to
receive a benefit in accordance with the plan terms.
Please
check the Summary Plan Description link, http://www.afmepw.com/summary.html,
for detailed information about what happens in any of these events.
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13.
Can pension contributions be paid on negotiated fees?
Sometimes
you might be earning more than the minimum pay levels in your collective
bargaining agreement or the scales of your AFM local or affiliated
local, probably because you have negotiated a better fee. The plan
states clearly that contributions can only be made pursuant to a
collective agreement, or pursuant to a local engagement contract
in which case the employer is to contribute pursuant to AFM scales.
The
good news is - if you have extra earnings in a year that are not
pensionable, you can almost always use those extra earnings to save
for retirement through your personal RRSP. We say "almost"
to account for people who have already maximized their RRSP contributions.
But even then, you can still save for retirement through other after-tax
savings vehicles.
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14.
Can I make my own contributions?
Unfortunately
not. The Plan only permits employer contributions. In order for
the plan to be considered a registered pension plan (which permits
the tax- deductibility of employer contributions, and the tax-sheltering
of investment income on those contributions), the Income Tax Act
requires that there must be a bona fide employer-employee relationship
in respect of every member who participates in the plan. If we were
to accept member contributions, it would be difficult, if not impossible,
to ensure that there was, in fact, an employer-employee relationship
in existence in respect of every contribution received. This is
just one of the main reasons why only employers are permitted to
contribute to the plan.
Most
people consider it advantageous to belong to a pension plan where
the employer effectively "foots the bill" for the cost
of benefits provided.
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15.
If I work in the U.S., does my employer have to make pension contributions?
If
you are temporarily working in the U.S. for a Canadian employer,
your employer will continue to make pension contributions to the
Canadian Plan. Note that there are limits in the Income Tax Act
on the period of time this can happen. Please contact the Fund office
if you need more information about these limits.
If,
on the other hand, you are working in the U.S. for a U.S. employer,
then any contributions would be made to the U.S. plan instead. If
your service becomes "divided" in this way, between the
Canadian and U.S. plans, both plans have provisions which allow
the credit in one plan to be recognized in the other for eligibility
and vesting purposes - so you will not be unduly disadvantaged in
the event that your benefits are split between the two plans.
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16.
I work in a symphony and I am on a leave of absence. Are pension
contributions paid while I'm on that leave?
Contributions
to the plan are made on the basis of Collective Bargaining Agreements
(which exist between the AFM and Employers) and Participation Agreements
(which exist between the Trustees and Employers). If your Agreement
allows for contributions to continue while you are on an "approved"
leave of absence, then contributions will continue. Note that there
are limits under the Income Tax Act regarding how long contributions
during an "approved" leave of absence can be made.
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17.
What happens if I'm simply not working for a while?
As
explained in question 14 above, there must be an employer-employee
relationship in place in order for any contributions to be made
to the plan on your behalf. If you are not working, you are not
eligible to have contributions made to the plan during that period.
If
you are vested (see question 12), you will not have to make any
decisions about your pension benefit until you have had 24 months
with no contributions. At that point, your membership in the plan
will terminate and you will be offered various termination options.
Please refer to the Summary Plan Description link, http://www.afmepw.com/summary.html,
for detailed information about what happens on termination of membership.
If
you are working again before the 24-month period expires, then your
membership will simply continue and you will accrue additional pension
benefits in respect of the continuing contributions made to the
plan. The fact that your membership is deemed to not be terminated
for this 24-month period is a real advantage of the plan, since
your years of membership after a break in service of less than 24
months will be added to your pre-existing years of membership. If
this was not the case, then you would have to "start over"
every time you came back to work.
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18.
I have an incorporated company. Can my company make pension contributions
on my behalf?
If
your company is incorporated, then it is our understanding that
a bona fide employer-employee relationship exists (see question
14). That being the case, your company can enter into an agreement
with you and can make contributions based on contracts pursuant
to AFM Local scales for the musical services you provide while employed
by your company. The agreement must be an AFM approved agreement
or your company must have a direct participation agreement with
the Trustees. You must also ensure that the wages on which contributions
are paid are "earned wages" as defined in the Income Tax
Act.
You
may wish to speak to your own legal counsel to ensure that a bona
fide employer-employee relationship does, in fact, exist, since
it is an essential ingredient in order for your employer to make
pension contributions on your behalf.
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19.
I am already receiving a pension, but I'm still working. Are pension
contributions still being paid? Are these contributions treated
in the same way as pension contributions made before I started my
pension?
Pension
contributions do continue, and you receive extra pension based on
these contributions (in respect of contributions made before the
end of the year in which you turn age 71 (formerly 69)), but your
extra pension is not calculated in the same way as it was before
you retired.
At
the end of each calendar year, any post-retirement contributions
plus interest are converted into additional pension using an actuarial
calculation which is recommended by the plan's actuary and approved
by the Trustees. This calculation takes into account various factors
including prevailing interest rates, your current age, your life
expectancy, etc.
The
additional pension is effective on the January 1 following the calendar
year in which the contributions are made. It then simply becomes
part of your regular pension payments.
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20.
I understand that the Income Tax Act prevents me from receiving
any extra benefits from contributions made after the end of the
year in which I turn age 71 (formerly age 69). Why do the pension
contributions continue after that time?
The
Plan Rules and Regulations, and the Trust Agreement, state that
contributions are to be made in accordance with Collective Bargaining
Agreements (which exist between the AFM and Employers) and Participation
Agreements (which exist between the Trustees and Employers). These
agreements set out the requirements for the contributions to be
made, and they do not and cannot distinguish between employees on
the basis of age.
As
discussed above in question 1, contributions to a defined benefit
plan are not made to an account in respect of a single member (as
they would be if the plan was a defined contribution plan) - they
are all commingled in a single fund which is used to pay benefits
to all plan members and beneficiaries. So any contributions made
to the Plan in respect of members who are over age 71 simply become
part of the Fund assets which are used to pay Plan benefits to everyone.
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21.
What is a pension adjustment (PA) and how does it affect me?
The
Income Tax Act requires pension adjustments to be reported in respect
of all contributions made to the plan. Each year, your employer(s)
must report the amount of employer contributions on your T4 in the
box entitled "Pension Adjustment". This amount is used
to reduce your RRSP contribution room in the year following the
year of the T4.
The
Fund is not your Employer and therefore does not report Pension
Adjustments (PAs). It is not the Fund's responsibility to ensure
Employers' compliance with the Income Tax Act.
The
idea behind the Pension Adjustment (PA) is that everyone should
have similar access to tax-sheltered retirement savings, whether
they are earning a pension through a registered pension plan or
are saving for retirement through their personal RRSP, or both.
If you're already earning a pension through your employer and AFM
sponsored registered pension plan, then your ability to save through
your RRSP needs to be limited in some way to reflect your registered
pension plan participation. This is why the Pension Adjustment (PA)
exists.
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04/27/2007
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