Can an actuarial surplus in the Trust Fund be realized in violation of the terms of the Plan?
Ontario, Canada
The following excerpt is from Lomas v. Rio Algom Limited, 2010 ONCA 175 (CanLII):
It is an error to infer that the rule in Saunders v. Vautier can create a manner of realizing on the actuarial surplus in the fund in violation of the terms of the Plan. In this Plan, absolute entitlement to the surplus would only occur once the surplus became real, that is, once the Plan and Trust had been terminated. This is because the members only have a contingent interest in the Trust surplus which does not vest until the Plan is terminated. [See Note 19 below]
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