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I am 71 years old and can no longer contribute to the

Customer Question
I am 71 years...

I am 71 years old and can no longer contribute to the Municipal Pension Plan. My employer is refusing to continue to pay their portion to me. I continue to work full time. Current pension law discriminates against older workers. We do the same job and get paid less. Some unions have negotiated language requiring employers to pay their portion to workers post 71. I would like to know if there is any case law on this matter. I have filed a grievance which has been denied by the employer. Is this an issue for human rif

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

Not yet. We are considering filing a human rights complaint on the basis of age discrimination . Trying to research any case law or human rights decisions.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

What is an ‘at will’ employee and yes a member of USW

Submitted: 2 months ago.Category: Canada Law
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Answered in 8 hours by:
6/10/2018
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear of this difficult situation.

What province are you in please?

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Customer reply replied 2 months ago
BC
Lawyer: Debra, Lawyer replied 2 months ago

We cannot provide case law but I can summarize the law for you.

Essentially it is not considered to be discrimination on the basis of age if employers or insurance companies make distinctions on the basis of age so long as the plan is bona fide. That would be where the distinction is in fact honest and without any intent to discriminate.

So as pension plan are to some extent based on statistics they can argue that they are not being arbitrary but that the plan and the rules is legitimate.

I know that is not what you were hoping to hear but it is what the Human Rights Code permits explicitly.

I am going to bed now but will check back in the morning to see if you have follow up questions.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 2 months ago

Is there anything more I can help you with at this point in time?

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