A Nova Scotia Human Rights Board of Inquiry has released its decision on mandatory retirement for Cape Breton Regional Municipality’s defined contribution pension plan.
Douglas Foster filed a complaint against CBRM for changing his defined contribution plan to allow mandatory retirement just before legislative changes would have allowed him to continue to work past 65.
Dennis James, chair of the independent inquiry, found that amendments to Mr. Foster’s pension plan were bona fide, or in good faith, since they were within the legislative exceptions available at that time. This exception permitted mandatory retirement under the Nova Scotia Human Rights Act.
“The commission is pleased that the board chair provided clarity on this legal issue,” said Tracey Williams, CEO of the Nova Scotia Human Rights Commission.
CBRM is the only municipality in the province that still has mandatory retirement.
The decision is available on the commission’s website at http://humanrights.gov.ns.ca .