Health Care: Community Health Care Professionals

Pensions Case: Notice of Approval

NOTICE OF APPROVAL OF SETTLEMENT AND
CLAIMS PROCESS

 

TO:         ALL PERSONS WHO WERE MEMBERS OF OPSEU, ONA, AAHP:O, CUPE or CIPP, BETWEEN 1996-1998, AND WORKED AS EMPLOYEES FOR MUNICIPALITIES OR OTHER EMPLOYERS PROVIDING HOME CARE SERVICES AND WHO WERE THEN  TRANSFERRED TO A COMMUNITY CARE ACCESS CENTRE (“CCAC”) BETWEEN 1996 AND 1998 THEREBY CONTINUING THEIR EMPLOYMENT WITHOUT INTERRUPTION, AND CONSEQUENTLY HAVE BEEN A MEMBER OF THE HOSPITALS OF ONTARIO PENSION PLAN (“HOOPP”)

 

PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS

Background

In 2005 and 2007, two class actions were certified in the Ontario Superior Court of Justice (the “Court”) against the Government of Ontario.  These actions were brought by Sue McSheffrey and Diane Leclair on behalf of unionized employees working for municipalities or other employers who were transferred to a Community Care Access Centre (“CCAC”) without interruption.  In these actions, McSheffrey and Leclair alleged that the Government represented that the unionized employees would suffer no losses to their pensions with this transfer.  McSheffrey and Leclair alleged that these employees did and will suffer losses as members of HOOPP and that the Government is responsible for those losses.  If you were a member of the Ontario Public Service Employees’ Union (“OPSEU”) or the Association of Allied Health Professionals of Ontario (“AAHP:O”) before and after you were transferred to a CCAC, you were one of the people affected by McSheffrey’s action (the “McSheffrey Class”).  If you were a member of the Ontario Nurses Association (“ONA”) before and after you were transferred to a CCAC, you were one of the people affected by Leclair’s action (the “Leclair Class”).  If you worked as an employee and you were transferred to a CCAC but you do not fall within the McSheffrey or Leclair Classes because you were represented by another union when you were transferred, you may still be affected by this Notice if you later became a member of OPSEU or ONA in your employment with the CCAC. 

Settlement Reached

Over many years of proceedings, the law firms representing the two class members spent hundreds of hours examining thousands of documents, examined witnesses, and consulted with experts.  The parties then agreed to mediate the actions with George Adams, Q.C., a retired Judge and respected mediator.  After two days of negotiations, a tentative agreement was reached, subject to court approval, to expand the class of persons represented by McSheffrey and Leclair and to provide that those in the expanded class may make a claim for payment as set out below. 

On November 30, 2012, after hearing the submissions of the parties on November 28, 2012, the Honourable Justice Horkins of the Court approved the expansion of the class and the Settlement.

In the Settlement, the Government will pay $6.5 million plus interest in settlement benefits to Class Members.  The $6.5 million plus interest will be divided so that each eligible Class Member will receive an equal amount.  The exact amount each Class Member will receive is not precisely known and depends on many factors, including how many Class Members ultimately apply to receive their equal share.  If the Settlement is approved by the Court, we anticipate the amount to be approximately $2,700.00 per Class Member.

Who is Covered by the Settlement

You are included in the McSheffrey Class Settlement if you meet the following terms:

1.            You:

(a)          were a member of Ontario Public Service Employees’ Union (OPSEU) or Allied Health Professionals: Ontario (AAHP:O) between 1996-1998; AND

(b)          worked as an employee for municipalities or other employers providing home care services and/or placement coordination services; AND

(c)          were a member of either Ontario Municipal Employees Retirement System (OMERS) or the Victorian Order of Nurses Pension Plan (VON) while so employed; AND

(d)          were then transferred to a Community Care Access Centre (CCAC) between 1996 and 1998  thereby continuing your employment without interruption; AND

(e)          consequently have been a member of the Hospitals of Ontario Pension Plan (HOOPP); AND

(f)           remained a member of OPSEU or AAHP:O after the transfer of your employment; AND

(g)          have not previously opted out of this class action. 

OR

2.            You:

(a)          were a member of the Civic Institute of Professional Personnel (CIPP) or the Canadian Union of Public Employees (CUPE) between 1996-1998; AND

(b)          worked as an employee for municipalities or other employers providing home care services and/or placement coordination services; AND

(c)          were a member of either Ontario Municipal Employees Retirement System (OMERS) or the Victorian Order of Nurses Pension Plan (VON) while so employed; AND

(d)          were then transferred to a Community Care Access Centre (CCAC) between 1996 and 1998 thereby continuing your employment without interruption; AND

(e)          consequently have been a member of the Hospitals of Ontario Pension Plan (HOOPP); AND

(f)           remained a member of CIPP or CUPE after the transfer; AND

(g)          became a member of OPSEU in 2007; AND

(h)          have not previously opted out of this class action. 

You are included in the Leclair Class Settlement  if you meet the following terms

You:

(a)          worked as an employee for municipalities or other employers providing home care services and/or placement coordination services; AND

(b)          were then transferred to a Community Care Access Centre (CCAC) between 1996 and  1998 thereby continuing your employment without interruption; AND

(c)          were a member of a union, including ONA, at the time you were transferred to a CCAC or were a member of a union other than ONA at the time of transfer but later became a member of ONA; AND

(d)          were not a member of Ontario Public Service Employees’ Union (OPSEU) or Allied Health Professionals: Ontario (AAHP:O) at the time you were transferred to a CCAC or after the transfer; AND

(e)          consequently have been a member of the Hospitals of Ontario Pension Plan (HOOPP); AND

(f)           have not previously opted out of this class action.

CLAIMS PROCESS

If you believe you are a McSheffrey or a Leclair Class Member, and wish to claim a portion of the Settlement monies, you must make a claim to the Class Action Administrator, NPT RicePoint Class Action Services Limited (the “Administrator”). Your application must be received no later than April 18, 2013, or your claim will be denied.

A claims form is enclosed/attached. 

The time frame for the processing of claims is as follows:

Claims to be submitted

Within 90 days of publication of the Notice of Settlement (April 18, 2013)

Administrator may request additional information

Within 45 days of receipt of all claims (June 2, 2013)

Member has opportunity to provide requested information

30 days from the Administrator’s request for additional information

Decision to be made by Administrator about the validity of a claim

30 days after the expiration of the time frame to provide such information

Ability/right of potential Member to appeal a denial of claim by Administrator to a Third Party Referee

Within 15 days of the date of the Administrator’s decision

Time frame for appeals to take place

90 days from the date of the receipt of the request for an appeal

Decision to be released by Third Party Referee on appeal

60 days from the completion of the time frame for appeals to take place

Calculation by the Administrator of each individual claim

30 days from last decision of the Third Party Referee of an appeal or the expiry of the time frame for appealing (if no appeals occur)

Distribution of monies

90 days after calculation of payments

You will receive notification of whether your claim has been approved not later than August 1, 2013. If your claim is denied based on a failure to provide sufficient proof that you are a class member, you have the right to appeal that decision to a neutral third party.  You must notify the Administrator of your intent to file a written appeal within 15 days of the decision of the Administrator.

Please note that members may not appeal a decision of the Administrator based on the failure to submit a claim on time. 

For Further Information

Further information can be obtained at the website www.CCACpensionclassaction.com or by contacting the Administrator at 1-866-432-5534.

THIS NOTICE HAS BEEN APPROVED BY THE COURT. 

Instructions for Claim Form

Claims Form


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