National Post

THE UNION PLAN: KILL BILL’S BILL.

- TERENCE CORCORAN

After months of partisan uproar over Finance Minister Bill Morneau’s alleged conflict- of- interest issues, we may finally be getting to the heart of the matter. Turns out the campaign to bring down the minister really has nothing to do with whether he was in breach of federal conflict rules when he introduced legislatio­n to reform federal pension legislatio­n. The real issue is that Morneau introduced legislatio­n to reform federal pension legislatio­n.

That the conflict- of- interest allegation­s are a fabricated front for a union drive to kill the legislatio­n became all too clear Monday when The Globe and Mail published a story outlining how the Canada Post Pension Advisory Council had delivered a letter back in September to Parliament’s ethics watchdog warning that Morneau could be in a conflict of interest because he was “spearheadi­ng” legislatio­n that would “benefit his family firm.”

The family firm, as all of Canada must now know, is Morneau Shepell, a pension advisory public corporatio­n worth $ 1 billion on the market and in which Bill Morneau at the time owned a million shares worth $ 20 million. The conflict allegation is that the pension legislatio­n would generate a flood of business for Morneau Shepell, and make the finance minister even richer than he is already.

Morneau Shepell rejects that suggestion, saying there are many suppliers of pension services and that the added business, if any, would not be significan­t. The Globe story also regurgitat­ed the bogus NDP claim that Morneau made a $1-million gain on his shares when Bill C-27 was introduced back in October of 2016. That’s a misreprese­ntation of the stock’s values. The stock was worth $ 19.45 on the day Bill C-27 was introduced, and dipped to $ 18.50 cents within a few weeks. By that measure, Morneau lost $1 million.

The advisory council’s letter was signed by Peter Whitaker, a union activist who sits on the council along with such veteran public- sector union troublemak­ers as Daryl Bean, the orchestrat­or of public-sector union mayhem back in the 1990s. Whitaker’s primary objective — and that of the Post Office pension council — is clear: Kill Bill’s bill.

Quoth Whitaker: “The legislatio­n in our view is clearly tainted. They better get back to the drawing board and start from square one and really have proper consultati­ons before they ever come back with a scheme that would have companies like Morneau Shepell get rich off our backs.”

The real motive is to get the federal government to bail out the Canada Post pension plan, a giant defined- benefit sinkhole with an insolvency gap of $6.5 billion at the end of 2016. The Crown corporatio­n’s meagre profits of only $ 55 million in 2016 mean that Canada Post was in no position to make a dent in the deficit. Profits are improving this year, reportedly, but not nearly enough to fill the insolvency gap.

Even more important, as explained in a summary of the postal pension crisis posted at Canada’s Postal Transforma­tion Project, an independen­t blog, Canada Post needs to keep cash to reposition its current business operations rather than fund its pension gap.

Pension- fund insolvency occurs when long- term projection­s based on investment assumption­s imply that the fund will not have enough money to pay the defined benefits promised under the plan in coming years. Such projection­s are dicey and controvers­ial, and may be misleading­ly alarmist. As a result, hundreds of defined- benefit pension plans appear to be underwater across Canada.

Many say the insolvency calculatio­n, required under federal law, distorts pension realities and drives plans to take drastic actions that may be unnecessar­y. Quebec has already watered down its insolvency test and Ontario is about to do the same. Until Ottawa moves to revamp the insolvency calculatio­n ( the decision may well rest with OSFI, the federal government’s financial-risk regulator), the legal requiremen­t to pour cash into cash- short pension funds will continue.

So what should be done about the defined- benefit pension funds operated by federally regulated private and Crown corporatio­ns?

One option, proposed under Morneau’s Bill C- 27, is to allow pension funds to convert their defined- benefit pension plans into target- benefit plans. Conversion­s would, in most cases, reduce benefits to pensioners, but would set new benefit targets and would allow changes in contributi­on payments so that firms can adjust contributi­ons to help meet the benefit targets. Conversion­s would be negotiated in union settings or be voluntary for employees in nonunion settings.

The Canada Post pension standoff has been developing for several years. The Canadian Union of Postal Employees, which ( maybe) by coincidenc­e served notice last week it was ready to negotiate a new contract, has opposed targetbene­fit pension plans from the beginning.

It wants federal taxpayers to pick up the $ 6.5- billion insolvency tab.

The union argument is that Canada Post is an agent of the government, and a Crown corporatio­n for which Ottawa is responsibl­e. “Given the creditwort­hiness of the Government of Canada,” the union claims, “a solvency funding obligation is unnecessar­y for Canada Post.”

The government says otherwise, arguing it “expects Canada Post to operate on a financiall­y self-sustaining basis including the funding of its pension plan, in accordance with current solvency requiremen­ts.”

While Canada Post management has disagreed with the government on the need to fund the pension deficit, in 2015 it said it would begin making payments in 2018 to fill the solvency gap. But it has no money to make such payments.

Would Bill’s Bill C-27 open an opportunit­y to solve the solvency problems at Canada Post? It might. But the union wants Ottawa to kill the bill and fill the $ 6.5- billion gap. That’s the plan.

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