- Nortel Retirees and former employees Protection Canada
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NRPC is a non-profit organization representing 19,000 Canadian former employees of Nortel. It was formed after announcements in the media that Nortel Networks, a large multinational telecommuncations company, had entered bankruptcy proceedings in several countries.
Contents
NRPC constituency
NRPC represents roughly 19,000 former Nortel employees. Most of the individuals represented by the NRPC are entitled to a defined benefit pension, however it is not clear how many are entitled, now and in the future, to medical benefits and other benefits from Nortel.
In his statement to the Finance Standing Committee on March 25, 2010, Don Sproule, current president of the NRPC,[1] stated that 11,000 pensioners/surviving spouses are entitled, and 700 pensioners/surviving spouses are not entitled to medical benefits.[2] The implication is that roughly 8,000 former employees are not now, nor will they in future be, entitled to medical benefits.
However, according to Barry E.Wadsworth Associate Counsel CAW-Canada representing unionized Nortel former employees, all individuals currently receiving a pension are in receipt of medical benefits [3]
History
On January 14, 2009, Nortel Networks initiated financial restructuring under the Companies' Creditors Arrangement Act (CCAA) in Canada. At that time Nortel Networks stopped paying severance, transition allowances, and deferred wages to former employees and retirees.
NRPC was started by volunteer Nortel pensioners from Ottawa in an effort to obtain court approval to have this non-profit organization sponsored by Nortel Networks . The organizers quickly formed an ad-hoc committee and organized several mass meetings in several Canadian cities. The meetings were announced at NPYG (Nortel_Pension Yahoo Group) a self help Group formed in 2002 for employees, ex-employees, retirees and family members of Nortel Networks. Word quickly spread and the local Ottawa media finally started paying attention [4]
NRPC announced their first (Montreal only) website on Jan 23, 2009. On Feb. 14 2009 the Ottawa branch of the NPRC opened its website.[5] On May 16, 2009 the Montreal website of NRPC started directing traffic to the newly formed NRPC website.[6]
2009 Represention Order and incorporation
In an order issued by the Ontario Superior Court of Justice on May 27, 2009 Donald Sproule, David Archibald and Michael Campbell were appointed representatives of, and the law firm Koskie Minsky was appointed as legal counsel for, all former Nortel employees, with the exception of some unionized employees.[7]
In September, 2009, the NRPC incorporated as a not-for-profit organization. [8]
Agreement between Nortel and the NRPC
Feb 8, 2010 Agreement reached with Nortel on behalf of all former employees
On Feb 8, 2010, NRPC announced it reached an agreement (awaiting court approval) with Nortel in which Nortel will advance $57M to fund medical and life insurance benefits for some Canadian pensioners and their survivors, and provide Long-term disabled employees with wage-replacement, medical and life insurance benefits until Dec. 31, 2010.[9] It is unknown how many ex-employees will benefit from this agreement.
In return NRPC agreed:
- to not oppose any Nortel employee incentive program.[10]
- that the claims of continuing and former Canadian employees of Nortel will be treated as unsecured claims, unless there is a change to the Bankruptcy and Insolvency Act.
- that Nortel will stop topping-up its underfunded pension plan after the last payment made in March 2010.[11]
- that Nortel will be released from liability regarding the Pension Plan or the Health and Welfare Trust EXCEPT for claims based on fraud, gross negligence, contractual rights, and/or misrepresentation by the directors or wrongful or oppressive
Opposition to February 8, 2010 agreement
A group of Nortel former employees have retained the services of Rochon Genova LLP to voice their opposition to the February 8, 2010 agreement in court.[12] Other creditors also opposed the agreement.
The Ottawa Citizen reported on March 4, 2010 that the dissident Nortel employees objecting to a deal with Nortel lost their first battle in Ontario court. [13] However, the Montreal Gazette reported on March 5, 2010 that the judge may veto this agreement [14] The Ottawa Citizen reported on March 6, 2010, that Ontario Superior Court Justice Morawetz will issue a ruling within week.[15]
Nortel pensioner deal rejected by the court
On March 26, 2010 Ontario Superior Court Justice J. Morawetz rejected the February 8, 2010 agreement. Siding with the noteholders and the Official committee of Unsecured Creditors, Justice Morawetz concluded that the agreement was unfair to non-employee creditors.[16] He said the agreement was flawed because it created risk instead of eliminating uncertainty, referring to a clause in the agreement that allows Nortel pensioners, long-term disability recipients and others to demand a bigger share of Nortel assets if federal bankruptcy rules change in future. The condition is unfair to other creditors because it requires them to make concessions in favour of the former employees and long-term disability employees today, and be subject to the uncertainty of unknown legislation in the future.[17]
Benefits slashed in 2011
A letter sent to out to Canadian pensioners in July of 2011 from the Nortel pension administrator Morneau Shepell announced that pensioners in Canada will have their benefits cut. A webinar held by the legal firm Koskie Minsky on July 22, 2010 addressed some of the questions raised [18]
The windup of the $5 billion Nortel pension plan began In October 2010. Between that time and July of 2011 Nortel pensioners have been receiving their full pensions even though actuaries have determined the pension trust is underfunded by $1.5 billion. The reduced payments are to retroactively reflect these overpayments.
According to the Toronto Star about 12,000 current Nortel pensioners face benefit cuts of as much as 43 per cent depending on their province of residence and where they worked for Nortel, which filed for protection from creditors in January 2009.
In Ontario:
- unionized members will get 75 per cent of their non-indexed pensions
- non-managerial staff will get 70 per cent.
Outside Ontario
- union members will get 59 per cent of their indexed pensions
- non-union pensioners will get 57 per cent.
See also
References
- ^ NRPC Organization
- ^ Standing committee on Finance hearings[dead link]
- ^ CAW Nortel Networks CCAA Restructuring Updated on March 30, 2010
- ^ [1][dead link]
- ^ New website for Nortel pensioners goes online
- ^ NRPC - Montreal/Quebec City
- ^ Ontario Superior Court Representation Order from E&Y website[dead link]
- ^ "NRPC-SRNC - Organization". Nortel Pensioners. 2009-11-01. http://nortelpensioners.ca/index.php?option=com_content&task=view&id=279&Itemid=183. Retrieved 2010-08-14.
- ^ "NRPC-SRNC - Nortel advances $57M to pensioners, former employees and disabled employees". Nortel Pensioners. 2010-02-08. http://nortelpensioners.ca/index.php?option=com_content&task=view&id=540&Itemid=1. Retrieved 2010-08-14.
- ^ Settlement agreement (See: page 8 Non-opposition)
- ^ Settlement agreement (See: page 6 Payments)
- ^ Rochon Genova LLP to Oppose Nortel LTD Settlement - March 2, 2010
- ^ Judge rejects Nortel dissident group[dead link]
- ^ Judge might veto Nortel agreement[dead link]
- ^ Ruling on Nortel settlement due in a week[dead link]
- ^ Superior Court of Justice - Ontario Endorsement[dead link]
- ^ Judge tosses Nortel pensioner deal[dead link]
- ^ http://www.koskieminsky.com/upload/090479_WEBCAST_22July11.pdf
- ^ http://www.thestar.com/business/companies/nortel/article/1029205--nortel-pension\ ers-play-waiting-game
- ^ http://money.canoe.ca/money/business/canada/archives/2011/07/20110722-142837.html
External links
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