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Pensions & Benefits

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With an aging workforce comes an increased concern on the part of employees for retirement income security. At the same time companies are placing a heightened corporate focus on the proper management and costs of their pension and benefit plans.

The pension and benefits lawyers at Bennett Jones are members of the firm's employment services group and provide strategic advice to employers and other benefit plan administrators, managers and trustees. We advise on all aspects of the design, establishment, administration and investment of registered and non-registered pension plans, deferred profit sharing plans, registered retirement savings plans and other types of deferred compensation plans. We are also experienced in the full range of group benefit plans and equity-based compensation plans. In addition, our lawyers conduct due diligence and advise on pension and benefits issues in the context of corporate mergers, acquisitions and divestitures, as well as restructurings and insolvencies.

Companies and their boards benefit from our experience in pension plan governance matters, from advice on fiduciary duties to the implementation of appropriate governance structures. We also provide ongoing advice to the pension committees established by such boards.

Our advice to employers involves issues of plan administration and interpretation and regulatory and investment compliance. We regularly draft and conduct reviews of plan documents and benefit plan communications, as well as negotiate funding, investment management and other service agreements. Our work for plan sponsors includes advising on the use of surplus funds or assets, the payment of expenses, the ability to amend or merge plans, and plan terminations and wind-ups. We also assist employers in ensuring that benefit plans comply with the requirements of taxation, human rights, privacy and employment standards legislation. In the labour relations arena, we advise employers on dealing with benefit plans in the unionized context.

Together with other members of Bennett Jones' employment services group, our pension and benefits lawyers deal with a wide range of issues in relation to dealing with benefit plans and entitlements in employment agreements, executive contracts, employment terminations, corporate downsizings, and employee outsourcings. In conjunction with lawyers in other practice areas of the firm, our team advises on structuring investments for registered pension plans and in pension-related litigation.

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CIP Capital Management LLP, as Canadian counsel, in its acquisition of People 2.0, Inc.
Longview Aviation Capital Corp., in its acquisition of the Dash 8 program from Bombardier Inc.
CG Power Systems Canada Inc., a wholly-owned indirect subsidiary of Mumbai-based Crompton Greaves Limited, in the sale of its assets to PTI Manitoba Inc. for an enterprise value of $20 million
Extendicare Inc., a leading provider of care and services for seniors throughout Canada, in connection with the $83-million acquisition of the home health business of Revera Inc.
Newalta Corporation, in the sale of its Industrial Division to Revolution Acquisition LP, a company formed by Birch Hill Equity Partners, for cash proceeds of $300 million
Repsol S.A., in the proposed $15.1-billion acquisition of Talisman Energy Inc.
Canadian counsel to Regal Beloit Corporation in the US$1.44-billion world-wide acquisition of the Power Transmission Solutions business of Emerson Electric Co
ATCO Ltd., in the disposition of ATCO I-Tek Inc. and ATCO's Australian IT operations to affiliates of Wipro Ltd. for aggregate sale proceeds of approximately $210 million
Darling International Inc., in its acquisition of all the assets of Rothsay, a division of Maple Leaf Foods Inc., for approximately $645 million
Precision Castparts Corp., a worldwide manufacturer of complex metal components and products, in its acquisition of all of the outstanding securities of Centra Industries, a leading manufacturer of complex aerostructure components for the world's major commercial and military aircraft programs, and the land used to operate the business of Centra Industries for an undisclosed price
Glencore International, in its acquisition of all the outstanding shares of Viterra for approximately $6.1 billion by way of a plan of arrangement and the sale of certain assets of Viterra to each of Agrium and Richardson International for aggregate proceeds of approximately $2.6 billion
Flint Energy Services, in its acquisition by URS Corp for $1.25 billion pursuant to a plan of arrangement
The Sterling Group, in its acquisition of the Liqui-Box Corporation from DuPont
Meridian Credit Union, in its merger with Desjardins Credit Union to create Ontario's largest credit union with 263,000 members and $8 billion in assets under management
Elluminate Inc., in its US $116-million acquisition by Blackboard Inc.
Canadian counsel to Castle Harlan and CHAMP Private Equity, the buyout firms, the sale of United Malt Holdings Ltd. to GrainCorp Ltd. 
CUNA Mutual Group, in its acquisition by Co-operators Life Insurance and Central 1 Credit Union
The committee of first lien and second lien secured creditors in the US$1.5-billion restructuring of Gateway Casinos & Entertainment Limited by way of a plan of arrangement
Thoma Bravo, LLC in an agreement and plan of merger with Entrust, Inc.

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