How can Rogers use surplus surplus in the Premier Pension Plan to fund benefits for new members or to take contribution holidays?

Canada (Federal), Canada

The following excerpt is from Buschau v. Rogers Communications Incorporated, 2011 FC 911 (CanLII):

The third question submitted by the applicants was: Whether Rogers can use the surplus in the Premier Pension Plan to fund benefits for new members or to take contribution holidays in respect of new members, especially given the re-statement of the law by the S.C.C. in Nolan v. Kerry?

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