An amendment to the federal Pension Benefit Standards Regulations that would establish solvency reserve accounts for federally regulated defined benefit pension plans requires additional clarity and flexibility for plan sponsors, said the Association of Canadian Pension Management.

In an open letter to the Department of Finance, the organization said that the establishment of a solvency reserve account within an existing plan shouldn’t require an amendment to the plan detailing the determination of interest on the account, the payment of benefits and the treatment of gains and losses.

It said an amendment to the plan’s terms should only be necessary where the terms explicitly or implicitly prohibit the establishment of a solvency reserve account.

Read: Feds seeking feedback on solvency reserve accounts for federally regulated DB pension plans

The interest of a solvency reserve account should be at the fund rate of return and the payment of benefits be outside of the account, the letter added.

“The regulations should specify this as a default unless the plan documents provide otherwise. With this approach, the establishment of a [solvency reserve account] would be simplified and uniform unless the plan terms prohibit the establishment of the account in the chosen form. Thereafter, if the employer makes solvency payments or contributes in excess of required contributions, it would become a disclosure in the actuarial report.”

The amendment states that solvency special payments, solvency payments under a workout agreement, payments made subsequent to the termination of a plan and ‘any amount paid into the plan that exceeds the amount necessary to meet the standards for solvency’ may be made to a solvency reserve account.

Read: PIAC calling on feds to reform pension solvency rules, introduce VPLAs

In specifying amounts in excess of the amount necessary to meet the standards for solvency, the ACPM noted the amendment should also include going-concern or solvency past service payments in excess of the minimum required contributions; current service contributions remitted to the fund when a contribution holiday would have been permitted; payments made into the fund so as to permit the full payment of transfer values when the solvency ratio is less than one at the last valuation; and payments made by an employer to the fund to reduce the face value of a letter of credit.

Regarding withdrawals from a solvency reserve account, the ACPM said the annual limit of 20 per cent is overly restrictive, instead proposing it be increased to 33.3 per cent to align with the three-year smoothing on solvency.

It also noted a provision that prevents withdrawals if the solvency ratio is materially lower is “inappropriate and unnecessary” as the definition of ‘materially lower’ is open to interpretation and a solvency ratio may be materially lower but still in excess of 105 per cent if the plan had a surplus at the previous valuation.

Read: Feds consulting on pension solvency relief measures, VPLAs

The ACPM also requested the elimination of a provision that requires a transfer out of the solvency reserve account to the main fund equal to any contribution holiday, as it’s inconsistent with the objectives of a solvency reserve account.

“The purpose of the account is to create a refundable reserve for solvency payments and other contributions in excess of those necessary to meet the tests and standards for solvency. Contribution holidays are only permitted when there is both a going-concern surplus and a solvency ratio over 105 per cent. Therefore, from an actuarial perspective, amounts in respect of contribution holidays are not necessary for the viability of plan.”

The amendment also permits an employer to withdraw the balance of funds in a solvency reserve account upon termination of the plan. To ensure employers are entitled to not only withdraw funds but keep such funds regardless of any language in a plan text that might entitle employees to surplus or that are ambiguous or uncertain due to missing documentation, the ACPM recommended the wording be strengthened to clarify that regardless of the terms of the pension documentation, the employer has entitlement to the funds in the solvency reserve account.

Read: PIAC focusing on pension solvency uniformity, CAPSA risk management guidelines in 2024