The Retirees' Newsletter Page 5

The Retirees's Association ( Faculty, Librarian, Administrator), University of Windsor, Windsor, Canada

Vol XII I, No. 1, March 2003


Letter to President Ross Paul

Dr. Ross Paul, President February 11, 2003

University of Windsor

Dear Dr. Paul:

Several times in your annual appearances before fall general meetings of the University of Windsor Retirees' Association (WURA), you have indicated your willingness to listen to and discuss retirees' concerns. We now, officially, would like to take you up on your invitation in the hope that you can and will do something to reduce the growing sense of frustration and injustice within our membership.

There is a certain irony to this sense of dissatisfaction: While we have managed in recent years to secure voice and vote in several University of Windsor Faculty Association (WUFA) committees (Executive, General Council and Contract), and equal representation with WUFA on the D7 Joint Contract Committee, we still have nothing in hand to show for it. WUFA is contractually mandated to negotiate for us, while the D7 Committee is mandated "to examine the adequacy of the retirement benefits." The reality, however, is that, in spite of these provisions, the concerns of well over 300 retirees have not been heeded. This is especially relevant to the 82 members (33% of retirees) in 2000 who were receiving less than $25,000 a year.

We believe that was made strikingly evident in the negotiated disposition of pension excess in the 1998 and 2001 negotiated Agreements (and even before that in the 1996-98 Agreement whereby excess surplus was used to reduce pension plan premiums). Quite simply, the retirees were never once consulted in that whole processand yet, on these dates, we constituted roughly one-third of the bona-fide members in the pension plan fund.

Now, at this point, we hasten to affirm two points. First, the University contracted with WUFA to negotiate the disposition of any excess in 1993, and we applaud the Administration's wisdom and fairness in that regard. At the same time, however, no provision was ever made to include retirees in that part of negotiations, and that non-inclusion goes back to 1996 when surpluses were first used to pay pension premiums of all active faculty.

Second, our position has always been that as bona-fide members in the Pension Plan, the retirees should indeed have a meaningful and proportionate say in major pension policy undertakings such as surplus distribution. The fact that excess surplus derives from the University's annual contributions to ensure minimum guarantee projections does not mean that the University alone, or that the Corporation and its active faculty should be the only ones to have a say. On the contrary, the fact that surplus monies sat in and multiplied within the Pension Plan says to us that all shareholders, since we are all covered under MG protection, have a stake and say in policies that govern the disposition of surplus monies.Third, WURA has always questioned the wisdom of using excess surpluses to fund pension-premium holidays for both Administration and active faculty. Using pension-plan surplus to fund pension-premium holidays has always struck us as a betrayal of the deeper purposes of the whole pension institution. As much as is legally possible, surpluses would have been more wisely applied to the development of reserve and buffer funds to ameliorate the extremes of investment fluctuations. That, in effect, was the case in earlier Agreements (1990, Letter X, p.109; 1993, Letter X, p.127) which provided for a "Money Purchase Non-Reduction Guarantee" over a three year period [July 1, 1990 to July 1, 1992], to be funded from a Contingency Reserve. Unfortunately, that provision was dropped in the 1996 contract! In the past few years, Money Purchase retirees have lost heavily (Up to $7000 a year), losses that might have been ameliorated by a well structured buffer fund.

In the meantime, there are active faculty, librarians (and "certain others") who have been hired on at this University over the past five years (or more?) who (1) have never yet paid anything from their earnings into the pension fund, but (2) whose premiums have been covered through an excess surplus that accrued before they ever arrived here, and (3) who can export their pension benefits should they leave the University's employ. That strikes us as a policy that is as unbalanced as it is unfair to retirees.

Surplus funds might also have been more wisely used to ensure that all retirees could retire at the same rate of pension increase (as is the case at Queen's University). While the Minimum Guarantee is a blessing enjoyed by all retirees, there have been years (during bull-market peaks) when Money Purchase retirees received a considerably higher rate of annual increase; and this has caused a profound sense of unhappiness among many of our members.

There are further grievances growing out of the original surplus distribution. Towards the end of 1998 negotiations, and only after repeated representations and protest by WURA to the WUFA principals, a letter of understanding was signed by the University and WUFA negotiators which designated $1.59 million of excess surplus as a Minimum Guarantee Contingency reserve. The intent behind this last-minute provision was to reserve this many dollars (out of a much larger surplus of about $25 million) to improve Minimum Guarantee funding (at a time when Money Purchase retirees were receiving greater rates of increase.) No specific means or steps were ever specified; but it was our belief that an amount had been set aside for then-current retirees.

In four and one-half years, we ­ the retirees ­ have never received any accounting of the status of that fund. We have no idea if it existed as a sequestered component of the pension fund surplus, or if it continued on, folded in, as part of the Minimum Guarantee Surplus fund. Recently, in our first report back from the Trust Fund Committee, we have been told that, as $1.15 million, it is now finding its way into the Trust Fund. We have received no accounting, no explanation of the difference in amounts.

There is more to this particular fund. In our earlier discussions with WUFA (and later in the D7 Committee), we had run into repeated assertions about the difficulties and legal impossibilities of transferring monies from the Minimum Contingency Reserve to the retirees. In our rejoinders, we pointed out a number of real instance, and counter-examples. One of our examples was using surplus dollors to subsidize health benefits for retirees. Additionally McMaster is distributing surplus to retirees with one retiree reportedly getting a sum of $100,000!

What's Inside

P 1. Spring General Meeting, President's Message

P 2. Campus News

P 3. Campus News

P 4. Campus News

P 5. Letter to President Ross Paul

P 6. Letter to President Ross Paul

P 7. 8, Membership News

P 9 Association News & Editorial

P 10, 11, 12, 13 & 14 Membership List