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Province spends more than $2M fighting civil servants in court

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Go figure why the government's propaganda machine commonly known as the CBC would block three versions of this comment if not to protect their LIEbrano bosses???

 


David Amos
Content disabled.
David Amos
@Lou Bell Methinks that you may know that in 2013 knew the actuaries who conned Higgs and his union cohorts were profound liars. I put it writing and posted it in blogs long before this issue became an matter of history and the lawsuits began.

In a nutshell Mr Sinclair our highest paid employee has had a mountain of money to play with on the stock markets. The pension plans were NEVER in jeopardy even in 2008. When Victor Boudreau's budget in 2009 compelled the taxpayers top up the bureaucrat's pension plan to cover for Sinclair's losses. Many politicians should not deny that I let everybody know just how disgusted I was immediately byway of emails and posted my words within blogs as well N'esy Pas?

Perhaps they don't think I know how to read N'esy Pas?


https://kmlaw.ca/wp-content/uploads/2016/07/AffidavitofJamesHarnum_20160706.pdf


http://www.pensioncoalitionnb.ca/index.php/our-team


Here is the Steering Committee “TEAM”….

Claire LePage (Chair)                   cjmlepage@gmail.com           472-6321
Bill Leonard                                                                            454-9326
Clifford Kennedy (Spokesperson)  bdsminc@gmail.com             470-2070       
Clyde Spinney                             spinney@nbnet.nb.ca                       
Cyril Theriault                             Cyril.theriault@gmail.com       208-0445

Don Madore                                dmadore@nb.sympatico.ca    384-6253
Judy Ingram                                jakmingram@gmail.com
Phyllis Prendergast                       phyllis6@nb.sympatico.ca      454-6724




Methinks that they don't know how to read N'esy Pas? 

 

 ---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 24 Apr 2018 07:49:47 -0400
Subject: Re CBC big story today about Vestcor I wonder if Mr Jones of CBC is aware
of the exchanges I had with Troy Mann within CBC last year?
To: "John.Sinclair"<John.Sinclair@nbimc.com>, "blaine.higgs"<blaine.higgs@gnb.ca>, BrianThomasMacdonald <BrianThomasMacdonald@gmail.com>, 

 "mckeen.randy"<mckeen.randy@gmail.com>, "David.Coon"<David.Coon@gnb.ca>,
"Davidc.Coon"<Davidc.Coon@gmail.com>, leader <leader@greenparty.ca>,
"brian.gallant"<brian.gallant@gnb.ca>, pm <pm@pm.gc.ca>,
David.Barr@gnb.ca, "Cyril.Theriault"<Cyril.Theriault@gmail.com>,
postur <postur@for.is>, "Bill.Morneau"<Bill.Morneau@canada.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
,
 "Robert. Jones"<Robert.Jones@cbc.ca>, info@scapitalmgmt.com, LKolivakis@gmail.com

http://www.cbc.ca/news/canada/new-brunswick/pensions-managers-benchmark-bonuses-1.4632463

Investment target N.B. pension managers easily beat to generate big
bonuses called 'a joke'
Pension analyst says benchmark is inappropriately low, managers being
over rewarded
Robert Jones · CBC News · Posted: Apr 24, 2018 6:00 AM AT

My comments thus far today

David Amos
Methinks Mr Jones must recall our conversation about the investment
industry in late December of 2008 N'esy Pas?
.

David Amos
Does anyone recall Victor Boudreau's budget in 2009?

David Amos
Does anyone recall how Mr Higgs rearranged things in 2013 that have
inspired at least three lawsuits thus far?

Perhaps I should have a long talk with these dudes?

http://pensionpulse.blogspot.ca/

This blog was created to share my unique insights on pensions and
investments. The success of the blog is due to the high volume of
readers and excellent insights shared by senior pension fund managers
and other experts. Institutional and retail investors are kindly
requested to support my efforts by donating or subscribing via PayPal
below. To get latest updates, even during the day, click on the image
of the big piggy bank at the top of the blog. For all inquiries,
please contact me at LKolivakis@gmail.com.

http://www.scapwealthadvisors.com/our-team

S Capital Wealth Advisors
145 University Drive
Suite 2807
Amherst, Massachusetts 01004
Phone: 413-549-3351
Email: info@scapitalmgmt.com

http://davidraymondamos3.blogspot.ca/2017/08/oh-my-cbc-publishes-report-of.html

Sunday, 27 August 2017
OH MY The CBC publishes a report of the questionable legal actions of
a Killer who is a Former Member of the RCMP who no doubt still
collecting his fancy pension
http://www.cbc.ca/news/canada/rcmp-wife-killer-estate-1.4239974

'Vindictive and callous': Ex-Mountie wife killer costs family $45K
fighting estate

798 Comments
Commenting is now closed for this story.

http://davidraymondamos3.blogspot.ca/2017/07/httpwww.html

Thursday, 20 July 2017
Methinks the Royal Family & Harper's old lawyer pal David Johnston
should call this ROUND 3 N'esy Pas Mr Prime Minister Trudeau "The
Younger" ?
http://www.cbc.ca/news/opinion/trudeau-payette-charge-1.4212817


Trudeau's silence on Payette's expunged assault charge shows double
standard: Robyn Urback

2925 Comments
Commenting is now closed for this story.

---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 19 Jul 2017 10:49:36 -0400
Subject: Attn Troy Mann and David Barr RE Pensions and CBC and IT
dudes blocking me etc etc I called earlier I truly believe this is you
within CBC
To: Troy.Mann@gnb.ca, "John.Sinclair"<John.Sinclair@nbimc.com>,
"blaine.higgs"<blaine.higgs@gnb.ca>, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.com>, "mckeen.randy"
<mckeen.randy@gmail.com>, "David.Coon"<David.Coon@gnb.ca>,
"Davidc.Coon"<Davidc.Coon@gmail.com>, leader <leader@greenparty.ca>,
"brian.gallant"<brian.gallant@gnb.ca>, pm <pm@pm.gc.ca>,
David.Barr@gnb.ca
Cc: David Amos <david.raymond.amos@gmail.com>, "Cyril.Theriault"
<Cyril.Theriault@gmail.com>, postur <postur@for.is>, "Bill.Morneau"
<Bill.Morneau@canada.ca>

http://www.cbc.ca/news/politics/nafta-ustr-trump-renegotiation-1.4208794


Show 52 older replies

David Raymond Amos
Content disabled.
@Troy Mann "You don't so shouldn't the media and the elected officials
get to the bottom of it?"

Hmmm where do I begin. How about CBC's "Fake News" buddies in CNN?

http://www.cnn.com/2017/06/16/politics/robert-mueller-special-counsel-lawyers/index.html

CBC knows for a fact that I crossed paths with the latest US Special
Counsel Robert Mueller and his boyz in the FBI bigtime way back in
2002.

Just Google three names and start reading

Robert Mueller David Amos CBC

I know for a fact that Mueller is a crook and proved it long ago. Why
do you think I sued the Yankee Feds in 2002 and then ran for pubic
office in Canada five times thus far?

If you doubt me then read pages 1 and 2 of this ancient file

https://www.scribd.com/document/2619437/CROSS-BORDER

David Raymond Amos
@Troy Mann Trust that I tried to answer your question

http://www2.gnb.ca/content/gnb/en/departments/treasury_board/human_resources/content/pensions_and_benefits/content/vestcor1.html

http://www2.gnb.ca/content/gnb/en/contacts/dept_renderer.202525.html#contacts

http://www2.gnb.ca/content/dam/gnb/Departments/ohr-brh/pdf/pensions/general/vcbm-e.pdf

http://www.vestcor.org/en.html

TROY MANN FCGA, FCPA
Chief Executive Officer
Vestcor Pension Services Corporation
Phone : (506) 453-2296
Fax : (506) 457-7388
Email : Troy.Mann@gnb.ca

 

http://davidraymondamos3.blogspot.com/2018/04/mr-jones-of-cbc-big-story-today-about.html



Tuesday, 24 April 2018

Mr Jones of CBC big story today about Vestcor

http://www.cbc.ca/news/canada/new-brunswick/pensions-managers-benchmark-bonuses-1.4632463

Investment target N.B. pension managers easily beat to generate big bonuses called 'a joke'

Pension analyst says benchmark is inappropriately low, managers being over rewarded


Robert Jones· CBC News· Posted: Apr 24, 2018 6:00 AM AT


44 Comments 

Commenting is now closed for this story.



David Amos 
David Amos
Methinks Mr Jones must recall our conversation about the investment industry in late December of 2008 N'esy Pas?



David Amos
David Amos
@David Amos Methinks that Mr Jones dare not deny that he knows the reasons why I ran for public office five times thus far N'esy Pas?

http://www.cbc.ca/news/canada/new-brunswick/fundy-royal-riding-profile-1.3274276

Fundy Royal campaign targets middle class with focus on jobs
Fundy Royal voters have elected Conservatives all but 1 time in 28 elections over 101 years
CBC News · Posted: Oct 17, 2015 6:00 AM AT


David Amos 
David Amos
Does anyone recall Victor Boudreau's budget in 2009?


David Amos
David Amos 
@David Amos Deja Vu anyone?

http://www.cbc.ca/news/canada/new-brunswick/boudreau-admits-n-b-could-face-budget-deficit-in-2012-1.864239

"The New Brunswick government is forecasting a $740 million deficit in 2009-10. At the end of its four-year cycle, the budget document suggests there will be a surplus of $27 million.

Market crash impacts pension calculation

But that calculation excludes $300 million per year pension expenses required because of the stock market crash.

Boudreau's argument is that if the markets rebound, the pension expenses will shrink or vanish. And since that's beyond his control either way, it's not fair to count it in the deficit elimination plan."


David Amos 
David Amos
Does anyone recall how Mr Higgs rearranged things in 2013 that have inspired at least three lawsuits thus far?


David Amos
David Amos
@David Amos Methnks that these are the three well known lawsuits concerning Mr Higgs' scheme with the pension plans that the liberals went along with N'esy Pas?

http://www.cbc.ca/news/canada/new-brunswick/pension-lawsuit-class-action-hearing-1.3675177

Retired civil servants seek class action status in pension fight
13,000 retirees from New Brunswick government reject change to shared-risk pension plan
Jacques Poitras · CBC News · Posted: Jul 12, 2016 12:39 PM AT

"The retirees threatened a lawsuit when the reforms were passed, but the new Liberal government elected in 2014 offered to negotiate with them instead.

But the Liberals refused to undo the reforms and instead offered a compromise in April 2015: a guarantee that retirees would get 75 per cent of cost-of-living increases every year for five years, and no reduction of benefits by more than 10 per cent for the next 20 years.

The retirees rejected that offer and filed their lawsuit last August, but the court must first approve that 13,000 people can sue the province as a group.

Kaplan is expected to spend Tuesday making his arguments. Steven Hutchison, a private litigator representing the province, will respond Wednesday. Kaplan will get the chance to rebut on Thursday afternoon.

The Canadian Union of Public Employees and the Professional Institute of the Public Service of Canada are also suing over how the shared-risk system affects some current provincial employees."
David Amos
David Amos 
@David Amos Need I say I found this interesting?

"In May, the Court of Queen’s Bench of New Brunswick ordered that the Kennedy case be managed jointly with Levesque v. New Brunswick, in which the plaintiff is suing not only the provincial government, but also three unions (the New Brunswick Union of Public and Private Employees, the New Brunswick Nurses Union, and the International Brotherhood of Electrical Workers Local 37), and the trustees of the new shared-risk plan.

New Brunswick lawyer Pete Mockler, who represents plaintiff Guy Levesque, is seeking damages. But he’s not relying on Charter arguments; instead, he says the defendants have committed breaches of contract, trust and fiduciary duty. He claims the unions and the trustees breached the terms of his employment by concurring in the transfer of assets to the new fund and other terms of the legislation. Mockler believes a precedent established in 2012 favours his client.

“While the discussion about the shared-risk plan were ongoing, the government applied for a ruling on whether the province could relieve itself of its liability under the old legislation to top up the COLA adjustments, if there was insufficient money in the plan for that benefit. The judge ruled that the benefits were vested and couldn’t be taken away by negotiation.”


https://twitter.com/DavidRayAmos/with_replies 





Replying to and 49 others
Methinks I should thank somebody for blocking my last comment it proved my point in spades to the lawyers involved in this matter but nobody else can read it N'esy Pas?

 http://davidraymondamos3.blogspot.com/2018/07/province-spends-more-than-2m-fighting.html

 


http://www.cbc.ca/news/canada/new-brunswick/pension-reform-lawsuits-costs-1.4732109


Province spends more than $2M fighting civil servants in court

4 years after lawsuits were launched, legal costs are racking up



117 Comments 
Commenting is now closed for this story.



David Amos
David Amos
Methinks folks should Google David Amos Federal Court N'esy Pas?



David Amos
Content disabled.
David Amos
@Deborah McCormack "For all the comments I have read perhaps you would like the rest of the story"

Therein lies the rub I know for a fact some of my comments were blocked so it follows that other people were blocked as well Methinks you should ask yourself why N'esy Pas?


Dianne MacPherson 
Rosella Melanson
Calling it "shared risk" is taking sides. Retirees have the risk. The former Chief Actuary for govt of Canada, Bernard Dussault, said so. NB Auditor General was not impressed with the "risk" the govt says it is taking in her 2013 report.


David Amos
Content disabled.
David Amos 
@Rosella Melanson Methinks the actuaries who conned Higgs and his cohorts were profound liars and I told them so out of the gate and put it writing long before this issue became an matter of history and the lawsuits began. In a nutshell Mr Sinclair has had a mountain of money to play with on the stock market The pension plans were NEVER in jeopardy even in 2008. When Victor Boudreau's budget in 2009 made the taxpayers top up the bureaucrat's pension plan to cover for Sinclair's losses I let everybody know just how disgusted I was immediately N'esy Pas?


David Amos
David Amos
@David Amos Methinks some folks know that my words were published elsewhere at the same time and that they will not go "Poof" in that domain so easily N'esy Pas?

David Amos
Content disabled.
David Amos
@Rosco holt "Why were pensions underfunded to begin with? "

Methinks they never were underfunded That was just what the actuaries claimed so that the mindless conservatives and union bosses would fall for the scam N'esy Pas?


David Amos
David Amos
@Rosco holt Methinks folks would have enjoyed my reply to you but nobody can read it now N'esy Pas?

 
David Amos
Content disabled.
David Amos 
@Dianne MacPherson Methinks this is old news and definitely far from Fake News that even you may recall N'esy Pas?

In 2013 knew the actuaries who conned Higgs and his union cohorts were profound liars. I put it writing and posted it in blogs long before this issue became an matter of history and the lawsuits began. In a nutshell Mr Sinclair our highest paid employee has had a mountain of money to play with on the stock market. The pension plans were NEVER in jeopardy even in 2008. When Victor Boudreau's budget in 2009 compelled the taxpayers top up the bureaucrat's pension plan to cover for Sinclair's losses I let everybody know just how disgusted I was immediately and posted those word within blogs as well Remember me now? Trust that many lawyers and politicians certainly do


Valencia Deuchler 
Valencia Deuchler
The average Canadian Deputy Minister basic salary ranges for those in the federal government's EX category in 2015 range between $106,900 and $202,500 a year. That is according to CBC. How dare he waste our government's time and resources and taxpayers money trying to get MORE? He made more in 1 year then most Canadians make in a decade! In fact I work 40 hours a week as does my husband and it would take us 2 years to make what he made in one IF he were at the lower end of the spectrum, did you not plan for tomorrow? Why are you hurting your fellow Canadians with your greed Mr. Levesque? The average wage of a CUPE employee on the low end is admin and it's between 48k-52k a year the mean is around 100k a year according to averages posted on Glassdoor... again .... you have the means to plan for your future stop being so damn greedy and taking money from fellow Canadians who earn way less than you and could use those resources now! Take the energy you are spending on this fight that is hurting your fellow Canadian and put it towards things like fighting the government for gas price reforms right now we are paying top $ for gas, in fact we are paying more for gas now at lower crude prices than we were when crude prices were $10 more a barrel, fight for getting THAT put in check. Rogers Telus Bell are taking a third of most Canadians paychecks that don't make what you civil servants make the prices keeping going up and up other than the internet package I have I have the most basic cable and phone and I still pay over 230/month, if you put your energy towards getting caps put on that you would probably make more from those two things than you are wasting tax payers money to get from the government directly. Think about it!


Dianne MacPherson
Dianne MacPherson
@Valencia Deuchler
From out of Province are you ???

David Amos
Content disabled.
David Amos
@Dianne MacPherson Methinks everybody knows that overpaid people from out of province are blocking my comments N'esy Pas?


David Amos
David Amos
@David Amos Methinks I struck a nerve N'esy Pas?



David Amos
David Amos 
@David Amos Methinks some folks may find this an interesting read. No doubt many local lawyers will know the judge N'esy Pas?

September 13, 2017

"A group of retired public servants learned the hard way just how difficult it can be to mount a constitutional challenge to benefits changes, according to a Toronto lawyer.

In Bemister v. Canada (Attorney General), retired members of the voluntary public service health-care plan, which also covers active federal employees, claimed a move to double their share of premium costs violated sections of the Charter of Rights and Freedoms. In 2014, the federal government shifted the cost-sharing split for premiums paid by retired members of the plan, boosting their portion to 50 per cent from 25 per cent. The government is phasing in the move, which was effective April 1, 2015, over four years.

Read: Government, public sector agree on changes to health benefits

In a verdict last month, Federal Court Justice Ann Marie McDonald rejected the retired members’ claims. “I conclude that the applicants have not established any breach of the Charter,” she wrote. “Further, had I concluded there had been a breach of Charter rights, I would have also found that the actions of the [Treasury Board] reflect a proportionate balancing of Charter values against the broader statutory objectives, and therefore that the [Treasury Board]’s actions and its decision were reasonable."



Dianne MacPherson 
Dianne MacPherson
The plan was and is "unsustainable".
We taxpayers are all tapped out !!!
The only ones who will 'benefit' from
these civil suits are the Lawyers !!!


David Amos
David Amos
@Dianne MacPherson "The only ones who will 'benefit' from these civil suits are the Lawyers !!!"

Methinks this lawyer is enjoying the litigation far to much and at our expense N'esy Pas?

Ronald Pink of law firm Pink Larson in Halifax represents the trustees of the shared-risk plan. He maintains the legislation is a necessary and reasonable solution to the pension conundrum.

“Nowhere is there an employer with a DB plan who is not under water, and every government is trying to find a way to reduce these liabilities,” he says. “At the same time, the objective is to continue providing a reasonable retirement allowance, and the way they’ve chosen to achieve that balance is by removing guarantees from employers and making pensions a joint venture with employees.”



Dianne MacPherson
Paul Bourgoin
Dr. Eilish Cleary. was muzzled and the health consequences affecting the People of New Brunswick will at the end of the day l cost more financially while inflicting pain and suffering to our NB residents. She was dead on with the scientific facts with regard to Glycophate! There must have been some political funding influence to arrive to such a decision!


David Amos
David Amos
@Paul Bourgoin "Levesque would not give an interview to CBC because he is under a court order not to speak about the case, pending resolution of the latest motion."

Methinks that everybody knows the Crown can't put a muzzle on me N'esy Pas?

David Amos
David Amos 
@Paul Bourgoin Methinks its hard to a muzzle on Pete Mockler too N'esy Pas?

"New Brunswick lawyer Pete Mockler, who represents plaintiff Guy Levesque, is seeking damages. But he’s not relying on Charter arguments; instead, he says the defendants have committed breaches of contract, trust and fiduciary duty. He claims the unions and the trustees breached the terms of his employment by concurring in the transfer of assets to the new fund and other terms of the legislation.

Mockler believes a precedent established in 2012 favours his client.

“While the discussion about the shared-risk plan were ongoing, the government applied for a ruling on whether the province could relieve itself of its liability under the old legislation to top up the COLA adjustments, if there was insufficient money in the plan for that benefit. The judge ruled that the benefits were vested and couldn’t be taken away by negotiation.”




Dianne MacPherson 
Rose Michaud
Not just living longer, but when Bernard Lord let hundreds go out on early retirement packages, that really took a huge amount out of a pension plan designed for people retiring at 65, not 50-55. And the rest of the civil service has to pay for Bernard Lords promise to 'reduce' the civil service. (Which he didn't, they of course just hired more back after they retired).


Dianne MacPherson
Dianne MacPherson
@Rose Michaud
The largest employer in NB is the
NB Govt.......a lot of votes there !!!!!!
We are ALL going to have to 'bite the bullet'
in order to get this Province back on its feet.




David Amos
David Amos
@Dianne MacPherson Methinks there are a lot more folks who do not earn big government wages and who will have to get by in their old age without a fancy pension. They have the right to vote too N'esy Pas?





Dianne MacPherson 
Marc LeBlanc
We're sorry for living longer


David Amos
David Amos
@Marc LeBlanc "We're sorry for living longer"

Nay not I

Methinks all old taxpayers who do not have the benefit of a fancy pension should be grateful to stay alive long enough to watch this circus After all we are paying for it N'esy Pas?






Dianne MacPherson 
Mike Morton
I find it ironic that the "free-the-beer" case, which was also complicated, was resolved very quickly relative to this file. It seems Government is more about the money than the people...


David Amos
David Amos
@Mike Morton Methinks everything is political and its always about the money. In y humble opinion this is a case of greedy people who work for government making a deal to do themselves in and now that the light has dawned on their marblehead they what to change it back. However the old ones who were already retired had no say in the matter hence they have very legitimate beef but they cannot afford to argue the government abusing us all and using our money to do it N'esy Pas?






Dianne MacPherson 
Paul Bourgoin
Dr. Eilish Cleary's stand on Glycophate was dead on and I wonder who had the political influence to overlook the scientific facts. Money over People Money wins every time but it does not make it right!


David Amos
David Amos
@Paul Bourgoin "Dr. Eilish Cleary's stand on Glycophate was dead on and I wonder who had the political influence to overlook the scientific facts."

Methinks the lady took a golden handshake and no longer cares N'esy Pas?





Dianne MacPherson 
Colin Seeley
The best thing the Alward govt ever did was to slow down the gravy train that was leading us to bankruptcy.

Nobody deserves an risk free pension . Especially those who are well paid and receive benefits the rest of us can only dream of like sick days and dental .

Why do those who work for Govt think they are so special !


David Amos
David Amos
@Colin Seeley Methinks you will always continue to speak like a true blue conservative no matter what N'esy Pas?



David Amos
David Amos
@Rosco holt Methinks you folks went way off the topic of this article N'esy Pas?






Fred Brewer 
Fred Brewer
Imagine being offered a job where you are told they cannot pay what you are currently earning, but instead they offer a guaranteed, fully-indexed pension. You accept the offer and spend the next 35 years working and after retiring, your employer says "Sorry, we cannot hold up our end of the bargain and we need to cut your fully-indexed pension. That's what happened here folks and it is a disgrace.
You gave up 35 years of higher salary at your former employer only to be shafted by the government of New Brunswick in the end


David Amos
David Amos
@Fred Brewer Methinks in many folks who worked in the private sector for years and got done in by a questionable employers suffered and lot more and the shareholders and our governments quite simply don't care N'esy Pas?

Here is a local example

Nackawic mill pensioners will fight Tory plan
CBC News · Posted: Jan 19, 2006

http://www.cbc.ca/news/canada/new-brunswick/nackawic-mill-pensioners-will-fight-tory-plan-1.577888

Ex-Nackawic mill CEO gets 2 months in jail for hiding $8.4M from IRS
George Landegger's sentence cold comfort for former employees left with underfunded pension
CBC News · Posted: May 20, 2015 5:48 PM AT

https://www.cbc.ca/news/canada/new-brunswick/ex-nackawic-mill-ceo-gets-2-months-in-jail-for-hiding-8-4m-from-irs-1.3080276



Dianne MacPherson
Dianne MacPherson
@Rosco holt
FAKE NEWS !!!!
Rosco holt
Rosco holt
@Dianne MacPherson
Can't think of a proper reply, beside FAKE NEWS. LOL.


David Amos
Content disabled.
David Amos 
@Dianne MacPherson Methinks this is old news and definitely far from Fake News that even you may recall N'esy Pas?

In 2013 knew the actuaries who conned Higgs and his union cohorts were profound liars. I put it writing and posted it in blogs long before this issue became an matter of history and the lawsuits began. In a nutshell Mr Sinclair our highest paid employee has had a mountain of money to play with on the stock market. The pension plans were NEVER in jeopardy even in 2008. When Victor Boudreau's budget in 2009 compelled the taxpayers top up the bureaucrat's pension plan to cover for Sinclair's losses I let everybody know just how disgusted I was immediately and posted those word within blogs as well Remember me now? Trust that many lawyers and politicians certainly do


David Amos
David Amos
@Rosco holt Methinks I should thank somebody for blocking my last comment it proved my point in spades to the lawyers involved in this matter but nobody else can read it N'esy Pas?







Dianne MacPherson 
Anne Bérubé
Well, Alward wanted us not to live a long life, Gallant thinks the same, I call it bullying. Shame on both of them. Even the Courts are on it as well by postponing the procedures indefinitely. Everyone who did not accept a civil servant job with the Feds back then, now regrets it. I know I do.


David Amos
David Amos
@Anne Bérubé Welcome to the circus




Joseph Vacher 
Joseph Vacher
Im sorry but your pension plans were underfunded, and unsustainable.
welcome to the real world, where you dont get everything you want
and that retirement allowance that no one in the private sector gets




Dianne MacPherson 
Rosco holt
The Conservative party should foot the bill for this(it's their decision).
Politicians pensions didn't go shared risk, but got more generous. Following the same train of thought we can't afford politicians pensions which are 6 figures a piece + perks & bonuses, all after 4 years of (dis)service.

Civil servants for the most part fullfilled their contractual obligations, while politicians continually reneg theirs.



David Amos
David Amos
@Rosco holt "The Conservative party should foot the bill for this(it's their decision)."

Methinks they are broke because they can't manage money yet they want to oversee ours N'esy Pas?

Cash-strapped PCs selling party headquarters in Fredericton
The Regent Street building could be all yours for just $479,000
Jacques Poitras · CBC News · Posted: Jan 12, 2018 6:30 AM A

https://www.cbc.ca/news/canada/new-brunswick/progressive-conversative-headquarters-sale-fundraising-1.4484153



Rosco holt
Rosco holt
@David Amos
Politicians continue to make stupid and expansive decisions out of greed and power.

We need a way to make them accountable and discourage them from participating in this race to the bottom that we are in.

And the only way I see to get politicians to do the right things is to hit them where it hurts..... Their wallet.





stephen blunston 
stephen blunston
wow these greedy union and civil servants . boohoo . they should be thankful they have pensions at all. overpaid for the little they do . if these people worked in private sector and got paid by their worth they would ll have no pension and take a 45% pay cut
do they not understand that NB is broke , they didn't take away their pensions like 85% of private businesses did just trying to make it a little better for province , and they are still getting golden pensions with the changes


David Amos
David Amos
@stephen blunston I concur



Deborah McCormack
Deborah McCormack
@stephen blunston Thank you for your compliment
Having worked as a PH Nurse for thirty years and continue to volunteer
Nice to know what my citizens think of me


David Amos
David Amos
@Deborah McCormack What am I chopped liver? Say Hey to Hutchison, Kaplan and your friends for me will ya?






Dianne MacPherson 
Lou Bell
It appears possibly many of these suits are spearheaded by deputy ministers , many of whom have been appointed by , and fed from the trough by their party of favour ! Could this just be an extension of " partisan politics " ??


David Amos
David Amos
@Lou Bell "It appears possibly many of these suits are spearheaded by deputy ministers"

Methinks all of them were N'esy Pas?


Deborah McCormack
Deborah McCormack
@Lou Bell you are so wrong
Take a look at the membership

David Amos
David Amos
@Deborah McCormack Trust that you don't know the whole story




Dianne MacPherson
Lou Bell
Actually N.B. 's pension fund is doing quite well now that it's out of the gready hands of the politicians. All of these people complaining haven't lost a dime in their pensions, and it doesn't appear that they ever will ! It appears they may just want more !


David Amos
David Amos
@Lou Bell YUP


Lou Bell 
Lou Bell
Take a look at these people. They're the ones costing us money !


David Amos
David Amos
@Lou Bell Trust that they don't care




Lou Bell 
John O'Brien
Why should civil servants who already enjoy a host of gold-plated perks, have guaranteed pension with COLA when most of the taxpayers supporting that luxury, are forced to make do with less and less every year. The stench of greed coming out of every door in Fredericton is becoming unbearable- politicians, civil servants, bureaucrats, contract workers , judges, cops, and on and on.


David Amos
David Amos
@John O'Brien Methinks everybody knows I agree. Why else would I sue the Crown in 2015? Its interesting that nobody talks about that lawsuit N'esy Pas?





Lou Bell 
Deborah McCormack
For all the comments I have read perhaps you would like the rest of the story
I am one of those retirees no not a Deputy Minister however I am a retired Nurse
Average pension for a retiree 19 thousand dollars per year
Very diverse group
As a single parent for 27 years I could have used the extra pay that was taken from my cheque
I did not have a choice although many individuals who could put money away in the private sector chose not to as they believe let the government look after me in my old age
Also it was a union who renegotiated to change my pension
When I had already retired and we know the mandate of a union is not to be concerned for the retiree
So when you decide to malign a civil servant remember the pandemic scare H1N1
Snow plough operators NB Power when your electricity is down Public Health Inspectors with food safety
The list is endless
And by we are not victims only fighting for a contract that was denied

Dianne MacPherson
Dianne MacPherson
@Deborah McCormack
"I am entitled to MY entitlements:" !!!!!

David Amos
Content disabled.
David Amos
@Deborah McCormack "For all the comments I have read perhaps you would like the rest of the story"

Therein lies the rub I know for a fact some of my comments were blocked so it follows that other people were blocked as well Methinks you should ask yourself why N'esy Pas?

David Amos
David Amos
@David Amos "Also it was a union who renegotiated to change my pension. When I had already retired and we know the mandate of a union is not to be concerned for the retiree "

Methinks everybody knows your complaint is legit but the lawyers are not N'esy Pas?





Dianne MacPherson 
Fred Sanford
Three things:
1. Civil servants pay significant payroll deductions for their pension plans - generally about 10% of their gross income.
2. Whether you think government pension plans are too generous or not, it's never right to change the terms of a pension agreement after someone retires. If the pension plan is unsustainable, change the terms, but phase them in for current and future employees - not retirees.
3. There are a lot of petty, jealous, bitter people on here that seem to begrudge people that have chosen to work in a career that offers a pension plan. How about making your own situation better rather than trying to drag everyone down with you?


David Amos
David Amos
@Fred Sanford Cry me a river


David Amos
David Amos
@Fred Sanford Methinks that CBC is rather dumb to believe that you are whom you claim to be N'esy Pas?





Dianne MacPherson 
Gabriel Boucher
So let me get this straight. This civil servant lawsuit is being represented by the law firm of Stewart McKelvey, the same law firm that Mr. Gallant himself used to represent before he became Premier? See where I'm going with this? This is the part that needs to be investigated.


David Amos
David Amos
@Gabriel Boucher Methinks that the Irvings, the liberals, NB Power the EUB, and everybody in the know knows that the law firm of Stewart McKelvey and I are far from done with our spit and chews N'esy Pas?




Dianne MacPherson 
Chuck Michaels
Time to start naming some of these political types as parties to the lawsuits and seek damages from them. This whole concept of "crown immunity" is offensive.


David Amos
David Amos
@Chuck Michaels Check my work



David Amos
David Amos
@Chuck Michaels Methinks that Leonard Lee-White, the local liberals and many other "political types" throughout Canada would consider the affidavit of James Harnum an interesting piece of work as well N'esy Pas?




Dianne MacPherson 
Lou Bell
In the years the shared risk plan has been in effect, no one has lost a red cent, except those who were duped by lawyers , insinuating they were gonna lose their shirt ! The pension plan has done quite well , actually exceeding yearly projections . For those fighting the change, your lawyers are gonna stretch this out as long as they can ! Should be the ones being sued !!


David Amos
David Amos 
 @Lou Bell Methinks you will change your tune soon. and taxpayers will be relieved that we won't have to "Top Up" the pension plans like we did in 2009. It cannot be denied that stock markets have soared to astounding highs based on speculation only as the Yankee's national debt roared into the stratosphere. When Trump's Trade Wars make the worldwide economy take the predicable nosedive the recession of 2008 will look like a cakewalk in comparison. Lets just hope "The Donald" and his NATO pals do not start another war as well N'esy Pas?

David Amos
Content disabled.
David Amos
@Lou Bell Methinks that you may know that in 2013 knew the actuaries who conned Higgs and his union cohorts were profound liars. I put it writing and posted it in blogs long before this issue became an matter of history and the lawsuits began.

In a nutshell Mr Sinclair our highest paid employee has had a mountain of money to play with on the stock markets. The pension plans were NEVER in jeopardy even in 2008. When Victor Boudreau's budget in 2009 compelled the taxpayers top up the bureaucrat's pension plan to cover for Sinclair's losses. Many politicians should not deny that I let everybody know just how disgusted I was immediately byway of emails and posted my words within blogs as well N'esy Pas?



David Amos
Content disabled.
David Amos
@Lou Bell Methinks that even you would be curious as to what was in my last reply to you that was blocked just before the comment section closed N'esy Pas?



Province spends more than $2M fighting civil servants in court

4 years after lawsuits were launched, legal costs are racking up


After Brian Gallant and the Liberals were elected, they offered retired civil servants a compromise on pension changes, but retirees decided to sue instead. (CBC)


In the four years since lawsuits were launched by former and current civil servants fighting the government on changes to their pension plans, no cases have reached a resolution or settlement, and legal costs on both sides are piling up.

As of late 2017, the province had spent $2,378,524 on legal fees to defend itself in three lawsuits, CBC News found through right to information requests.

The new shared-risk system introduced six years ago by David Alward's Progressive Conservative government didn't guarantee a set amount of pension benefits the way the previous system did.

After outcries and protests, the Liberals, who came to power in the next election, offered a compromise, but retirees rejected it and filed lawsuits instead.

A lawsuit was launched in 2014 by retirees who alleged the changes made by the PC government were discriminatory, since retirees had paid into their pension plans through the years and were now vulnerable, based on their age.

Two other lawsuits were brought around the same time — one by a former deputy minister and another by current civil servants.


Pension reform was brought in by the Progressive Conservative government of David Alward, who argued the old system couldn't be sustained, especially with people retiring earlier and living longer. (CBC)

New Brunswick's Office of the Attorney General initially refused to disclose the amount spent defending the pension changes in court, citing solicitor-client privilege.

But after a complaint was made by CBC News, the office of the integrity commissioner said that while releasing the amount spent defending each case might compromise ongoing legal proceedings, the public had the right to know the total amount spent on the issue.

'It's sad really'


"I'm not surprised at the amount, it's sad really," said Claire LePage, a former deputy minister with the Department of Energy, who is now chair of the Pension Coalition of New Brunswick, a group formed when the changes were under consideration in 2012.

The coalition was first to file for legal action, representing 13,000 retired New Brunswick public servants. They were last in court in the fall of 2016 and decided to put legal proceedings on hold, pending resolution of another case, according to LePage.

"It's been a long journey so far," she said. "The province has used every tactic possible to burn everybody out.

"We've had to deal with … motion after motion, and that's very costly in court."


Claire LePage, a former deputy minister now part of a coalition challenging the pension reforms, accuses the province of stalling tactics to avoid trial. (CBC)

Another right to information request, this one made by the coalition, revealed the province had employed the law firm of Stewart McKelvey for the case, and that under the agreement, up to 23 lawyers could be working on the case at a time.

The Office of the Attorney General said that given the matters are before the courts, it would be inappropriate to comment on any case or the costs.

"We've been in court since 2014, and here we are 2018, and really the essence of this case has not been heard in court," LePage said.

The Levesque case


The case where resolution seems the most likely is the one filed by Guy Levesque, a former deputy minister with the cabinet secretariat. He sued in 2015, alleging the break in contract is illegal.

Others are watching the case closely as they believe its outcome will impact the other proceedings.
Levesque would not give an interview to CBC because he is under a court order not to speak about the case, pending resolution of the latest motion.


A third lawsuit is led by the Professional Institute of the Public Service of Canada, and CUPE, representing 800 current employees, including engineers and prosecutors.

The employees' argument is that changes to pension plans should have been negotiated, not legislated.


Some of the pension reform protesters had heated words for former finance minister Blaine Higgs, who pushed the changes. (Jacques Poitras/CBC)

The province has fired back with a statement of defence saying it created a task force when looking at reforming the pension systems, and unions could have participated.

A few unions, such as the one representing nurses, got behind the reforms.
Unions that left the discussions said they were one-sided.

As for Claire LePage, she said the proceedings have cost the pension coalition roughly $300,000 so far, which includes the money spent on its own case, and in support of the Levesque case.

Rationale for overhaul  


At the time of the overhaul in 2012, the Alward government argued the guaranteed income system was designed at a time when people worked longer and lived shorter lives. Now, people were retiring earlier and living longer, making the plan unsustainable.

Without the changes, there wouldn't be enough money in the coffers to pay pension benefits to public workers, the PCs said, citing examples of companies that had slashed pensions when they went bankrupt.

The move was backed by the Liberals, who were then in opposition.


Mario Levesque believes the province has spent a lot of money on the lawsuits. (CBC)

Mario Levesque, a politics professor at Mount Allison University, said the province has spent a large sum of money on these cases, possibly to avoid dealing with something.

"It is a lot of money overall — $2.4 million and counting," said Mario Levesque. "But it pales in comparison to the amount of money the province would have to pay out to [pensioners] and government employees over time if they were to lose the case."

"So for the government, it's batten down the hatches and fight this tooth and nail all the way."
Levesque said the government may be trying to wear the pensioners — like Claire LePage — down.

"It's a real David and Goliath case," he said. "They are fighting and pulling out all the stops to make sure this does not move forward.

"You figure an individual, how long can he or she stay in this kind of legal battle with their resources, compared to the government?"

About the Author

 


Gabrielle Fahmy
Reporter
Gabrielle Fahmy is a reporter based in Moncton. She's been a journalist with the CBC since 2014.



 https://kmlaw.ca/wp-content/uploads/2016/07/AffidavitofJamesHarnum_20160706.pdf




 https://www.cbc.ca/news/canada/new-brunswick/pension-lawsuit-class-action-hearing-1.3675177



Retired civil servants seek class action status in pension fight

13,000 retirees from New Brunswick government reject change to shared-risk pension plan


Toronto lawyer Ari Kaplan is representing 13,000 retired provincial civil servants in their lawsuit over changes to their pension plan. (CBC)
The New Brunswick government is in court fighting to stop 13,000 retired civil servants from banding together in a single lawsuit over the province's new shared-risk pension system.

Toronto lawyer Ari Kaplan is asking Justice Judy Clendening to let him represent the retirees as a group, which he says will allow the case to move ahead more efficiently.

The retirees allege the shift to the shared-risk system by the previous Progressive Conservative government violated the Charter of Rights and Freedoms, because it put at risk the money they had paid into the provincial pension fund over the years.


'These were not gifts'


"These were not gifts," Kaplan argued Tuesday. "This was their own money."

Kaplan told Clendening that it makes sense to allow a group lawsuit because it will be more efficient and "this case affects people."
This is a defined group of people, and the people we're looking to represent are vulnerable.- Ari Kaplan, lawyer
"It affects two per cent of the people in your province," he said. "This is a defined group of people, and the people we're looking to represent are vulnerable. They are elderly, and they are dying."

The shared-risk system doesn't guarantee a set amount of pension benefits the way the previous system did. That means the province doesn't have to make up the difference in years when the pension fund's investments lose money in the market.

The retirees argue that exposes their money to greater risk, though the province's model shows losses would only happen during a catastrophic financial collapse.

The system also allows the pension fund to "catch up" and erase those losses during years of of market growth.

Negotiations failed


The retirees threatened a lawsuit when the reforms were passed, but the new Liberal government elected in 2014 offered to negotiate with them instead.

But the Liberals refused to undo the reforms and instead offered a compromise in April 2015: a guarantee that retirees would get 75 per cent of cost-of-living increases every year for five years, and no reduction of benefits by more than 10 per cent for the next 20 years.
The retirees rejected that offer and filed their lawsuit last August, but the court must first approve that 13,000 people can sue the province as a group.

Kaplan is expected to spend Tuesday making his arguments. Steven Hutchison, a private litigator representing the province, will respond Wednesday. Kaplan will get the chance to rebut on Thursday afternoon.

The Canadian Union of Public Employees and the Professional Institute of the Public Service of Canada are also suing over how the shared-risk system affects some current provincial employees.

35 Comments
Commenting is now closed for this story.



Jon Livingston
Dennis Atchison
Three years ago I had a great interview on The Dennis Report about public sector pensions. The information and wisdom is even more applicable today ... https://www.youtube.com/watch?v=5Rm6qK4Gp7Y


Jon Livingston
Frank DeFalco
The Province should draw a line, fulfill its obligations to current pensioners and put the rest of the civil service on defined contribution retirement saving plans...like the rest of the working world is on. These plans are too expensive which is why the private sector has moved away from them.


Jon Livingston
SarahRose Werner
I can see why the province wouldn't want the judge to approve a class action lawsuit. If 13,000 people have to sue individually, there's a good chance that many will drop out due to lack of funds, ill health, etc. By me, that's the same reason the judge *should* approve a class action suit. The suit may or may not eventually be decided in the plaintiffs' favour, but all the plaintiffs as a class should be able to access the judicial process without undue burden.


Rick Aubie
Rick Aubie
There is a collapse coming........just wait. All this the government says is disaster and meltdown scenario is going to happen. It's only a matter of when! Governments and their debts (our debts run up by them) are going to get a good kick as well when the credit rating agencies downgrade our debt, they adjust up the rates, then, wait..... there's a global financial crisis and the rates go through the roof. Insolvency is what that's called and PNB won't be calling Grant Thornton. All pension money and the province will be lost in a financial takeover by the creditors and bond issuers/buyers!

Laugh and spend freely at your own peril folks!



Jay Boucher-Langlais
Jay Boucher-Langlais
@Rick Aubie ; nothing of the sort is going to happen.


Jon Livingston
Willie Smith
Hey CBC open up the immigration article as well as the gas one.....and a few more......


Rick Aubie
Rick Aubie
@Willie Smith How about all of them? What is this a piece meal part time comment/story virtual news site? Joke comes to mind!


Frank O'Phil
Frank O'Phil
@Rick Aubie ; it's not CBC's mandate to open news topics to commenters. Their mandate is to report the news. If you wish to comment, you can do so on any topic by creating a site of your own!


Rick Aubie
Rick Aubie
@Frank O'Phil They don't even report the news in a professional manner. Then to my point, either open them all or open none. How's them apples? and remember, it's "our" money running this outfit!


Frank O'Phil
Frank O'Phil
@Rick Aubie ; it's my money as well as yours and I happen to agree with CBC.


David Peters
David Peters
@Frank O'Phil

Problem is that cbc is obviously pulling for one side politically ... With huge amounts of public funding


Jon Livingston
Jim Joe Jackson
It is done. The Alward government started this mess and the Libs are not going to reverse it.


Jon Livingston
Jon Livingston
I don't think she'll allow this. For one, it means less money for lawyers who depend on making the justice system in New Brunswick difficult and expensive.


Jon Livingston
Joseph Vacher
Why should my tax dollars be the insurance for your over inflated pensions?


Jon Livingston
Willie Smith
@Joseph Vacher
Why should your tax dollars be used for Corporate Welfare to create Welfare jobs???? That is how government creates work now with a big thank you from your Corps.....


Jon Livingston
Jim Joe Jackson
@Joseph Vacher Because they earned it? Besides you honestly think the Federal government would let a province default on its pension obligations? Stop being brainwashed that this province is broke. There is plenty of wealth in this province.


Rick Aubie
Rick Aubie
@Jim Joe Jackson Sure and it's all hidden away in untouchable places OR out of circulation!


Jay Boucher-Langlais
Jay Boucher-Langlais

Rick Aubie, the Carnival Clown!


Beth Rave
Beth Rave
@Jay Boucher-Langlais; you can say that again!


Jon Livingston
reginald churchill
Why is it that whenever there's a problem between the government of New Brunswick and the civil servants it always involves the Charter of Rights and Freedoms. Can someone explain to me what the Charter has to do with investment. Oh well I'm sure Roger Melanson and the liberal gang will straighten out this mess with the rest of our tax money.


Jon Livingston
James Reed
@reginald churchill

Their complain is that they are being discriminated against based on their age - basically grasping at straws to come up with a basis for a case.


Jon Livingston
Willie Smith
@reginald churchill
The Charter takes in "legal rights (e.g. the right to life, liberty and security of the person) and equality rights,"
I could be wrong but the "security of the person" was broken when the government broke the pension agreement and brought in the shared risk.. No security in the imaginary world of the stock market.... Eventually the stock market will crash again and a lot of people will be stuck with nothing except for the insiders.... LOL.....


Allan Wilson
Allan Wilson
If we can afford duality then we can afford the pension liability risk.


David Kane
David Kane
@Allan Wilson -Well said Allan, best comment of the day !!!


Jon Livingston
Joseph Vacher
@Allan Wilson

but we can't afford duality......


Jon Livingston
Samual Johnston
@Allan Wilson where is the logic in that statement? if we can afford to buy beer and wine we can afford duality.....? nope does not make sense...


Jon Livingston
Jim Joe Jackson
@Allan Wilson We can a afford a lot of things if we didn't constantly cut taxes on businesses. We would even have the much pined for balanced budget and even a surplus, if you wipe out the Graham, Gallant and Alward tax concessions.


Rick Aubie
Rick Aubie
@Allan Wilson We can't afford either! That's the smartest observation of the day!


Pete A. Gore
Pete A. Gore
@David Kane ; same comment every day!


Rick Aubie
Rick Aubie
@Joseph Vacher Plenty of flag wavers posting today and at every chance given by the CBC agenda!


Frank O'Phil
Frank O'Phil
@Pete A. Gore; same very few but very vocal harping this issue to death!


Jay Boucher-Langlais
Jay Boucher-Langlais
@Frank O'Phil; and it's not even on topic!


Jon Livingston
Samual Johnston
@Mike Smith I dunno they seem to be selling lots o beer and wine these days.....that is just a plain fact.


David Kane
David Kane
@Pete A. Gore -Awesome, I didn't know Allan made the same correct comment every day.


Jon Livingston
Phil Nadeau
Meanwhile the famous New Brunswick Union (NBU) just did nothing for its members and kept going on with the Share risk model like nothing happened.





Retired civil servants launch pension-reform lawsuit

New Brunswick Pension Coalition says reforms violate the Charter of Rights and Freedoms

CBC News· Posted: Jun 30, 2014 10:03 AM AT

 
 The New Brunswick Pension Coalition is suing the provincial government over changes to the public sector pension plan. 2:20


The New Brunswick Pension Coalition is launching a lawsuit over the changes to the public sector pension plan, alleging the Alward government breached the charter rights of 13,000 pensioners.
Ari Kaplan, a lawyer with Koski Minsky LLP, announced the court application on Monday.

The pensioners are alleging the provincial government’s pension reform violates provisions of the Canadian Charter of Rights and Freedoms because they are vulnerable based on their age.

"A pensioner requires as much financial certainty as possible as they budget for the end of their lives" Kaplan said in a statement.


Clifford Kennedy, a member of the New Brunswick Pension Coalition, said pensioners plan to fight the switch to a shared-risk pension plan. (CBC)

 "Before the Crown expropriates the retirement savings of older persons and redistributes their money to the public good to balance the budget, it must satisfy itself, through rigorous consideration of alternatives, that the policy is proportionate to its objective and there is no other rational policy alternative available."
The Toronto-based Koskie Minsky LLP specializes in the areas of class actions, pensions, labour and employment.

The Fredericton-based firm of Whitehead, Bird & Miles, of Fredericton will serve as the local counsel on the case.

Kaplan said he will request the court to order the provincial government to pay the legal fees for the pension lawsuit. In September, the coalition said fees for a lawsuit could be more than $200,000.

Kaplan said the provincial government's tactic of using legislation to override regular pension laws is both unfair for retirees and illegal.

"They've isolated you from your former workplace by excluding collective bargaining of the workplace, so there's no protection for you there," he said.


Finance Minister Blaine Higgs was confronted in November 2013 by protesters who were upset about the Alward government's pension reforms. (Jacques Poitras/CBC)

"They've excluded the courts from giving any remedy so you are doubly isolated in order to protect yourselves here and that is why we are asserting a remedy under the charter."
The retirees say if the pension plan must be changed, it should not affect those who have already contributed fully and are receiving the benefits they deserve.

The controversy surrounds the provincial government’s move to a shared-risk pension plan.

Under the former public service pension plan, retired civil servants are sheltered from any risk of market downturns by the provincial government with guaranteed cost-of-living increases.

Under the reforms, announced by Premier David Alward in May 2012, the risk would be shared by both sides.

The proposed model also includes increased contribution levels and higher age of retirement phased in slowly.

Retirees maintain it's not fair to change their benefits retroactively.

Clifford Kennedy, a member of the pension coalition, said in a statement that pensioners will not let the reforms go ahead unchallenged.

“The Alward government has broken its contract with public service pensioners and we intend to continue our efforts to ensure government honours its promise to retirees,” Kennedy said.


 https://www.documentcloud.org/documents/1211256-skmbt-50114063015580.html#document/p1



80 Comments
Commenting is now closed for this story.




JeffSmith12
Stanley Resident
This government only knows how to tear down things. They have not created anything of substance during their term. Don't like the Enbridge contract - tear it up. Doctors contract - tear it up (that one back-fired). Promised civil service pension - tear it up. Yet Margaret Ann-Blaney still collects her paycheck every two weeks and new schools get built where they are not needed,,,,, I will not be convinced this action was "required" as long as Blaney continues to draw a cheque from the NB Government. They should try building confidence in NB instead of constantly tearing it down, what business in their right mind would set-up in NB knowing they could be the next victim and have the rules suddenly change on them?

 JeffSmith12
JeffSmith12
I have no sympathy - in the private sector you're lucky to get a matching contribution let alone a pension. We are seriously in debt - it's time these fat cat pensioners - and I have seen them driving around Fredericton in their expensive vehicles - they're not hurting - to contribute to the solution.


Raymond BungayRaymond Bungay
Hmm, what are you folks going to do with the 22 cents a month you "MAY LOSE" each month. I have been told by a provincial retiree that might be what they would lose? As I am a Federal Retiree, I would love to have your situation, as staring in a few years time I will have to pay 50% more in my medical coverage and a lot of people don't have close to what you and I have? So please do us a favour, stop the bely aching and get on with what lives you have left. Too much to still do and little time left to do it.

Have any of you heard, there are no guarantees in life.« less


JeffSmith12
2Right4U
@RIGHT ON
So, you think it should be OK for politicians to throw honesty out the window? That they should be able to enact legislation DEMANDING people pay into pension plan then change the legislation changing the pension plan retroactively?

How would you feel if your bank suddenly decided that they didn't make enough for their shareholders and decided you needed to make retroactive mortgage payments?


JeffSmith12
FredZed
@2Right4U exactly what retroactive changes are being made? The pension program is presently being moved to a shared risk model, no one is retroactively clawing back benefits that have already been earned and paid that I am aware of. So back up your point or all I see is disinformation being spread by those who don't even understand the proposed changes.


JeffSmith12
JimF13
These pensioners were treated horrifically. With the teachers, the bottom line was $400 million needed to be saved. Teachers had input as to how this goal could and should be met. An agreement that gave everything the government needed was reached.

The PSSA were simply told the decision and shared risk is a lie. Total risk has been switched to the retirees. The pension plan has been pillaged far past what was necessary to make the plan viable.

Government should go back and reopen negotiations and come to a resolution that saves the necessary money. Pensioners and employees should decide hot to reach that goal.« less


JeffSmith12
FredZed
@JimF13 your dreaming if you think the pensioners will have any part in changes to their pension in any manner. You even start talking about it and they cry foul before they even know or understand what is happening. What are the pensioners going to do when the coffers are empty and there's nothing for anybodys pension or public services. They will just be happy with this province being run into the ground, but your benefits won't be changed right up to that point, good for you.


JeffSmith12
AnNyMoUS
I have a hard time showing sympathy when the current employees have had no choice in the matter and in fact the pension plan has already changed....The new plan has also changed the eligibility criteria and there are people who were already living pay cheque to pay cheque now required to pay into a plan. The contributions per pay can be hefty depending on your pay.

And for those of you with a hate on towards civil servants - please don't generalize us all in one bucket. I truly care about the service I provide and the job that I do and I work several hours of unpaid overtime a week to ensure that things are done and done right.


Doc Holiday
Doc Holiday
Who exactly is going to pay the taxes to keep all this going, most of the house in my area are for sale.


JeffSmith12
ToT
@Doc Holiday

NB lost almost 1k people the first 3 months of this year, worst lost in one quarter in NB's history. Even beating all of last year. Province is just better off bankrupting now.


JeffSmith12
jiminnb
Interestingly, last week, when it was announce the government was being sued by a group against fracking and the week before that when the government announced it was suing the accounting company that represented Acton in their 50 million scam. David Alward and his left hand man Ted F Lemming were all over the news media with talking points regarding these cases.

in this matter, they are back to the standard" no comments while before the courts."

One thing you can count on when Dave comes to consistency is his inconsistency.

It's like his comment on a national media interview a few weeks ago and I quote " One thing is clear, it's unclear...."


JeffSmith12
Paul Bourgoin
Mr. Blaine Higgs, since your rise to power you have cut the provincial budget spending like wow! The retired provincial pensioners treat your pinching cut to be a retired life threatening amputation. To the hospital they go. Arriving at the hospital behind a tow truck because your road budget cuts left many crater size pot holes on our roads. Once inside the hospital, I was told that waiting time had quadrupled because of your budget cuts. I hope all this new electoral stimulus moneys helping elect conservative candidates making them appear generous from involuntary donations from pensioner pension cuts.


JeffSmith12
2Right4U
@RoaterB
cut it like what? yes, cut property taxes (revenue) to corporate land holdings while increasing corporate welfare.


JeffSmith12
bostonbob
750,000ish, poulation and $13B and rising debt. This is just the begining of belt tightening in NB.


JeffSmith12
Hawkeye7
I would love to see only provinces that get rid of DB public pensions be eligible for equalization. It is not fair that Sask bit the bullet and converted to DC pensions 30 years ago and now have zero liability - but of course we still have to pay into equalization to fund ridiculous retirement benefits of of "have-not" provinces. go figure.

  
Chronos
TimeWillTell
@Hawkeye7 They didn't make the changes retroactive.


Chronos
ronniejoe
What I would like to see is the new Shared Pension Plan for Crown Prosecutors, Judges and MLAs. Oh yeah right, they don't have one. No need to change now that things are beginning to look better.


Chronos
AnNyMoUS
@ronniejoe
The MLA one is coming - rolls out in the fall after the election.


Doc Holiday
Doc Holiday
The trouble is that the province is going broke. Bilingualism has been a wonderful opportunity for a small percentage who have enjoyed big fat paying government jobs. The rest of NB, and the economy as a whole, have not fared so well. The few just don't pay enough back in taxes to support their government wind fall. And the rest are sick of paying for it, and the lack of equal opportunity, and are leaving. You reap what you sow NB.


Chronos
tyler
@Doc Holiday
You see, I don't speak french, therefore, french is the problem! Take a class and get over it!


Chronos
TimeWillTell
@Doc Holiday The problem is our governments have cut their revenues e.g. no highway tolls, reduced corporate tax rates, etc., if you cut your revenues you have a budget problem.


Chronos
2Right4U
@Doc Holiday
It isn't bilingualism that is the problem - there has never been any real attempt to create a bilingual province.

After 50 years of bilingualism you would think that 95% of our high school students would be fluently bilingual - nobody is prepared to do what it takes to make NB bilingual (and duel is not bilingual).

Chronosthe_cod
Just "grandfather clause" these whiners (who are seeing no reduction in their base pension anyway) and let's move on. It's the workers that are left paying the higher rates from their cheques and who have to work to older age for full pension that are paying the way so all of the current pensioners don't get penalized; and most of the current workers knew there had to be some sort of a change. Hell, anybody who has had money invested towards retirement income since the year 2000 could tell you counting on investment returns are a gamble, even with the so-called low risk investments.


ChronosDennis Atchison
@the_cod ... sorry, but not accurate. Current workers do not pay "a higher rate" from their cheques. The dollars in the fund come from the 30 plus years of those workers who paid into them. The fact the Liberal government took a "contribution holiday" during the McKenna years definitely had some consequence for pension shortfalls some 10 years later, along with the 2009 banking mess.


Chronos
the_cod
@Dennis Atchison I can assure you that members of the PSSA contribute more per cheque and per year than they did last year, period. Very very accurate according to my pay stubs.


Chronos
AnNyMoUS
@Dennis Atchison
Really? So paying 7.4% up the YMPE and 10.5% after the YMPE is not more than 5.8% up the the YMPE and 7.4% after?


ChronosChronos
I hope they win.


ESmith
ESmith
I find it hard to be overly sympathetic when the base pension is guaranteed and there is a target to pay at least a portion of the annual inflation rate - that's a much better deal than most employees in this province get. It's just not reasonable to ask everyone else in the province to keep paying hundreds of millions of dollars in extra payments so that these pensioners can continue to have full guaranteed indexing of their pensions.


Raymond Bungay
Raymond Bungay
@ESmith Now there you are right on. As i said in another post here, this year on my Federal pension I got $1.33 for cost of living and I know I would not miss it. But here is something the provincial retirees did not see happen to them, when I turned 65 2 years ago I lost $433.00 and change from my Federal Pension! Why? Because I started to get the old age pension. We 9my wife and I0 were getting the Supplement but because the wife is now getting her old age pension, we don't get the supplement anymore and the provincial workers think they have a raw deal, now thats funny.« less


Chronos
Dennis Atchison
The pension conversation is complicated. To get a sense of the details, in an accurate and informative way, this interview may be of interest to many:

https://www.youtube.com/watch?v=5Rm6qK4Gp7Y

 Chronos
BradNB
If a private company had done this everyone would be screaming foul, but because some of these folks had to wait in line at the DMV they think the pensioners deserve it.

I am the first to admit civil servants had a much better compensation package that anyone in private sector gets, but to change someone's pension long after the opportunity to make new retirement plans is gone? Wrong, no matter how justified you feel in your entitled mind.


singleminded
singleminded
@BradNB

If the employer were a private company it would have gone under long ago. This is the central issue - the fact that the cost of unsustainable government employee benefits are being passed to the taxpayer in a one-sided scheme without any no checks and balances.


  Chronos
Inquiringmind
These people spent an honest working life...alarm clocks, slippery roads, sacrifices and more importantly chose to go with the lower paying but secure government job as opposed to the lure of big money in privately owned companies. I have two brothers. One chose to work as an engineer with Department.Of Transportation, the other also a civil engineer, went off to British Columbia to work at a private but successful consulting company. Each Christmas gathering found brother two at a different company a newer fancier car, wonderful vacations, making his way up the corporate ladder and reaching and income level the rest of us could only envy. Risk and reward. Brother one has lived in the same bungalow all his life and lived moderately. His eye on a comfortable pension at the end of his working years. He could never afford those big trips but he could sleep knowing he and his family would be able to maintain a comfortable lifestyle during their older years. Taking this away from the NB'ers who made this place their home all their working life, who paid NB taxes and contributed to New Brunswick's well being is just WRONG! The people who thought this was a way to save political face must not sleep too well at night! I know I would not be able to knowing I wilfully stole from my neighbour in the name of the common good. I fully expect this will be the downfall of the current government and such a shame! What an awful way to treat your fellow man. In case you may be wondering, I am not one affected by the changes. It was all a matter of risk and reward...good people who expected a just reward after a long career. So terribly sad.


singleminded
singleminded
@Citizen of NB.

I don't doubt your story but the data shows the exact opposite has happened...

http://www.macleans.ca/economy/business/the-new-upper-class/


ChronosTimeWillTell
@singleminded Irrelevant citation mostly about police and firefighters with no relevance to NB pension issue.


  Chronos
somecatchphrase
@Avalard - Vastly overpaid public sector workers, including police and firefighters, are a huge problem all across Canada and the United States. These "heroes" are milking us dry.


Chronos
HaditinNB
Some of the people commenting here forget the fact that a lot of money was paid into these plans by the pensioners for their entire work careers. These plans are not free. Would you feel the same way if you paid into a plan your entire life? Would you accept an answer upon your retirement that the plan you paid into was not quite what you wanted or expected, say oh well the company can't afford it and call it a day? There was another group of people sitting across the table when these pension plans were negotiated and it is called the employer. Do you accept everything the government tells you as fact when it comes to money in your own pocket? I am also involved in a plan that is currently under review and answers to the simplest questions are still not being achieved. It is easier to feed the pensioners to the wolves as there seems to be so many people that think that because you are a civil servant you must not have earned your money like they have. Apparently those commenting on here in that regard are such hard workers, it is surprising they even have the time to read the news let alone comment. I will never understand this government's philosophy of taking every extra cent you have out of your pocket but still expect you to put it back into the economy.

ChronosTimeWillTell
Bravo for them , if you retired with a pension you have the right to expect that it will be paid if company is not bankrupt, which a province cannot be as its loans are also guaranteed by the feds.


singleminded
singleminded
@Avalard

NB is technically bankrupt. So everything is on the table.
Reality bites, eh?


ChronosErrol Willis
@singleminded

Have you done the actuarial? Do you have a reference to an article stating NB is bankrupt?

As much as we think we are, a province cannot go bankrupt as it will fall back under the jurisdiction of the Government of Canada.


ChronosDennis Atchison
@singleminded ... hmmm ... no government is ever "bankrupt". During the McKenna years the employer/government took "contribution holidays", diverting the funds to other places (a shell game in a sense). the "Consolidated Fund (upwards of $8-billion)" covers performance shortfalls should this happen, as was the case after the banking mess of 2009. It does not come from people's taxes, as is often reported or stated in the media. Public sector pension funds the past three years are exceptional in their performance. By all accounts, we should be looking to public sector pensions, and the defined benefit approach, as successful.


singlemindedsingleminded
@High Earner

Yes, technically bankrupt. And barrelling toward 'actually bankrupt':

http://www.cbc.ca/news/canada/new-brunswick/new-brunswick-barrelling-toward-bankruptcy-analyst-warns-1.2626184

Bottom line: Cuts have to be made and gold plated government pensions that require taxpayer top-ups are not except. Why should they be?

ChronosToT
@High Earner
New Brunswick barrelling toward bankruptcy, analyst warns

http://www.cbc.ca/news/canada/new-brunswic/new-brunswick-barrelling-toward-bankruptcy-analyst-warns-1.2626184

New Brunswick cautioned to make cuts now to avoid bankruptcy

http://www.cbc.ca/news/canada/new-brunswick/new-brunswick-cautioned-to-make-cuts-now-to-avoid-bankruptcy-1.2639531

Political Panel, 5 parties talking about debt and deficit and what must be done.

http://www.cbc.ca/player/News/Canada/NB/Political+Panel/ID/2457265680/


2Right4UTimeWillTell
@Avalard NB has the over the years always had the highest ccredit rating in Atlantic Canada, the rating agencies know that the Province can balance its books any time it wants to do.

2Right4U
2Right4U
@Avalard
YES, all they have to do is stop giving out corporate welfare and restore the hundreds of millions of property tax cuts they gave corporations.


2Right4U
somecatchphrase
What's needed is a "New Brunswick Private Sector Taxpayers Coalition" to counter the influence and demands of this special interest group known as the "New Brunswick Pension Coalition."

If these pensioners believed in unrealistic and grandiose promises made by the government(s) of the day, tough cookies. You were sold a bill of goods.

It's kind of like buying a car that turns out to be a lemon.

Times have changed. Welcome to the real world, retired public sector workers. Instead of suing the people of New Brunswick, consult with some private sector retirees for some Whiskas recipes.


2Right4UBradNB
@somecatchphrase So stealing from seniors is ok as long as they are a politically unpopular group? For your sake I hope people are more understanding when you are a senior. Changing someone's retirement income after they've already retired is unacceptable, it's victimizing. There is no longer any opportunity to change plans and save more for retirement when you're already a senior.


2Right4U
TimeWillTell
@somecatchphrase take a look at GM and the real world.


2Right4U
LouisLouis
i'm tired of listening to this bunch of complainers. especially Clifford kennedy. he was part of a group that was looking for gov't handouts to build an appliance recycling facility in caraquet, then they tried to scam a community in southern Ontario... not trustworthy.


2Right4Uscreeched
Good move. Time for the Alward government to step down. They have done nothing for the people of NB, especially economically. The 1% are running the show, and now they want to kick the elderly. Time to raise taxes for the rich and put tolls back on the highways, one at every exit! We need dollars, not excuses or cheapshot ways to manipulate people. Fracking might hold some promise, but frankly that is untested ground. Tolls work, and should be brought back.


2Right4U
2Right4U
@screeched
There is an election in a couple of months time. I just don't believe any of the "big three" have a balanced program that is any different from each others take from the people and give to the corporations.


2Right4U
BradNB
To change someone's pension plan when they have already retired is deplorable. How can this not be considered stealing?


Dumb MaritimerDumb Maritimer
@BradNB If you are party to an unsustainable plan that destroys the next generation before they are born, and then sneak out the door before the chickens come home to roost, are you entitled to continue pilfering your grandchildren because "you retired and should be protected"? As a civil servant you elected the governments and union reps that put all this in place, this is your fault. I wasn't even born when most of these stupid 1-sided pensions were negotiated, and I won't be paying the bills you've handed to me. Accept a reasonable compromise, or prepare for a very lonely, uncomfortable retirement when your grandchildren are educated on the debt slavery you sold them into, assuming of course you were unselfish enough to even have children.« less


2Right4U
BradNB
@Dumb Maritimer Boy does your name suit you.

First of all I am 30, far from retired, and I work in the private sector.

If you think the pensioners were scheming to cash in on their grandchildren you have way too much conspiracy going on in your noggin. Governments offered these plans without thinking to the future, and they alone are the cause. Next you're going to tell me you're such a moral giant you would have investigated the potential outcomes, realized it was unsustainable and opted out if it were you right? Give me a break.

Just because "civil servants" are a politically unpopular group doesn't mean stealing from seniors is ok. There is no longer any opportunity for these people to change plans and save more for retirement. Making the changes retroactive is wrong. Period.« less


2Right4U
TimeWillTell
@Dumb Maritimer The unstainablity is only theoretical due to a market blip, it is more about the ability to take on more debt to support our oligarchs.


2Right4U
TimeWillTell
@Avalard You might notice that existing MLAs did not rreduce their own unfunded pension plan.

 
2Right4U
GreenerPastures
What's interesting is that this sort of thing is just going to get worse as the "growthers'" plans of expansion everywhere and forever necessarily get replaced with something more realistic. I can just hear the cries of the think tank economists in the distance urging us to import more workers to address the needs of a labor market experiencing shortages (?). Deception on top of deception is how we are heading into the future.

Someone should be charged with running an illegal ponzi scheme because that's what it boils down to. Those always work well in the growth stage and come crashing down when the inputs don't match up with the outputs when contributors dry up. The only way to keep one going is to reinvent the rules (pay less out) part way and hope everyone accepts it. Bernard Madoff could explain it all to you. There's always a day of reckoning.


Dumb MaritimerDumb Maritimer
@StrictlyFacts The people who should be charged with running the illegal ponzi scheme are all those 55 and over who elected the governments and union reps that created these awful one-sided pensions. The retirees need to compromise, they are already so much better off than the youth of today will ever be.


2Right4U
still46
@Dumb Maritimer I guess the courts will decide, won't they?


2Right4U
Jack Clark
I’ve made more than my share of sacrifices via increased taxes and market hits to my pension plan, and I’m pretty darned disgusted with NB civil servants and their “me first, and the hell with everyone else” attitude. And I’m not alone in saying that sympathy is lacking for the vast majority of civil servants I’ve ever encountered, who do/did NOT feel they were there to serve the public, and possessed the poorest work ethic I’ve EVER encountered in my more than 42 years in the New Brunswick workforce.« less


2Right4U
Errol Willis
@Jack Clark Fortunately, your "feelings" about civil service employees have no impact on the law. Suppose you were 21 and joined a company, signed a contract that guaranteed you a full pension with indexing upon retirement. So for the next 35 years or so, you did not put a lot of money away for retirement, because you had a contract. Then all of a sudden your retirement day comes up, and the employer says "sorry - we don't like that agreement we signed 35 years ago and it is now null and void". Forget that this is the government, pretend it's Molsons, or Pepsi, or any large company. Similarly, if you had a roof installed which was contractually guaranteed for 20 years and at year 19 it had to be redone. Would you be upset if the company did not honour their contractual commitment to you?

But then you say - "it's my taxes that pay their pension", right? True, but just like you have no option but to pay taxes, they have no option but to be part of the pension plan.

If you have indeed worked 42 years in NB, don't be so bitter about the past. Look forward and don't worry about things you have no control over.

BTW - full disclosure - I am not a government employee, so I have no horse in this race.


2Right4UBradNB
@Jack Clark So it's okay to take money from someone if you don't like them? If someone reached into your pocket would that be ok, just because they don't approve of some aspect of your life?


2Right4U
Anne Bérubé
@NicoleBerube


2Right4U
Anne Bérubé
@NicoleBerube How come it is o.k. to insult civil servants but not somebody who thinks they are lazy?

 
2Right4U
still46
@Jack Clark I guess the courts will decide, won't they?


2Right4U
BradNB
@NicoleBerube I take it you got a "content disabled" message? Yeah, there are groups you are allowed to attack on here, and groups you are not allowed to attack, all thanks to the CBC moderator.


2Right4Uvalleyboy1
Chances are that the pensions were enhanced when there were hypothetical surpluses in the past and now these enhancements are discovered to be too expensive.

The public service pensioners are really looking for the hard working tax paying citizens of NB ( the 700,000 who were not public servants) to pay 100% of the cost of these enhancements.


2Right4Uscreeched
@valleyboy1 "Chances are" does not provide solid thinking for a decision like robbing seniors. Chances are the repeated governmental tax cuts to the corporate world are also coming back to haunt us.


Dumb MaritimerDumb Maritimer
@screeched "Chances are" is the logic that these greedy seniors used to get these fat 1-sided pensions in the first place. It's delicious that the same logic would be used to claw them back, don't you think?


2Right4Ustill46
@valleyboy1 I guess the courts will decide, won't they


2Right4Uvalleyboy1
@screeched
At least you agree that the payments the coalition is looking for would have to come from taxpayers and not from the past or future contributors to the pension plan


CarnivoreCarnivore
@Dumb Maritimer
I guess your sobriquet says it all.


2Right4Uherringchoker
"The Fredericton-based firm of Whitehead, Bird & Miles, of Fredericton will serve as the local counsel on the case."

Ignoring the redundancy in that sentence, I must say that its good to see Shawn Graham lawyers are still busy with government work. That said the pension coalition would be advised to make sure their lawyers are working strictly on a contingency basis. Graham lawyers charged the province $74K, but still lost his conflict-of-interest case.


2Right4UTimeWillTell
@herringchoker Always makes one wonder, doesn,t it?


2Right4URoy Kirk
" . . . rigorous consideration of alternatives . . . proportionate to its objective . . . no other rational policy alternative available."
=====

The 1st two should be satisfied as a matter of course for any public policy decision. That they seldom are goes a long way to explaining why NB is in such a mess.

The last one? There are always rational alternatives, but just because they are rational doesn't mean they're fair, equitable, or just.


legionslegions
It has become public knowledge that just because I may be contributing to a pension through my workplace wages none of this means I will actually have a pension to retire on.
Apparently poor politics, poor pension design, poor management, poor planning and lots of wishful thinking are not enough in the end if it is reality that needs be overcome


2Right4Ustill46
@legions I guess the courts will decide, won't they?


2Right4U 2Right4U

This should include everyone (retired or still working) who paid into the plan (defined benefit) as required under law.

The go forward, for those who are still working under the new plan should mean they have two (2) pension plans - the old one (defined benefit) that they were required to contribute to by law and the new one (shared risk) that they are required to contribute to under law.

The employees have no choice - they are required to contribute and have no say in how their retirement is managed.« less


2Right4U....and the horse you rode in on.

@2Right4U

I believe that is the way it is. If you are still working and have 20 years in then your pension up until this year is based on the defined benefit formula. Now your pension until retirement will be based on shared risk. As a taxpayer in the private sector that sounds about right.


2Right4U
2Right4U
@Habitant
EXCEPT they changed the defined benefit which is why this law suit is going on.




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