Section 9 - Administration

9.01 - The Trustees shall be responsible for the general administration of the Plan and for carrying out the provisions thereof and shall have all powers necessary to carry out such provisions. The Trustees may, from time to time, establish rules for the administration and interpretation of the Plan, which rules shall be applied uniformly, so as not to discriminate in favor of or against any Employee or group of Employees.

The Trustees' powers and duties shall include the following but shall not be limited thereto:

  • To construe and interpret the Plan, decide all questions of eligibility and determine the amount, manner and time of payment of any benefits hereunder;
  • To prescribe forms and procedures to be followed by Participants in filing applications for benefits;
  • To establish procedures for and supervise the establishment and maintenance of all records necessary and appropriate for the proper administration of the Plan;
  • To obtain to the extent reasonably possible, all information necessary for the proper administration of the Plan;
  • To prepare and distribute, in such manner as required by law or as the Trustees determine appropriate, information concerning the Plan;
  • To make available for examination, upon request of the Participant or Beneficiary, copies of documents, reports, or other information concerning the Plan;
  • To establish or approve the manner of making an election, designation, application or claim permitted hereunder;
  • To make a necessary interpretation of this instrument for the purpose of resolving an inconsistency or ambiguity, correcting an error, or supplying an omission which may appear herein;
  • To employ on behalf of the Plan or the Trustees, to the extent reasonably necessary for operation, administration and management of the Plan, attorneys, Actuaries, accountants, clerical employees, agents or other Persons;
  • To pay from the Trust Fund all reasonable and necessary expenses, fees and charges, including fees for attorneys, Actuaries, accountants, clerical employees, agents or other Persons, incurred in connection with the administration or operation of the Plan;
  • To prepare and file, within the time limit required, all necessary reports required by law;
  • To delegate any of its authority and allocate any of its responsibilities for the administration and operation of the Plan to any one or more Employees of a Participating Employer by written instruction to that effect;
  • To exercise all other powers and duties conferred upon the Administrator herein or pursuant hereto or necessary or appropriate hereunder, except those powers and duties allocated to another named fiduciary hereunder.

The Trustees shall have no power to add to, subtract from or modify any of the terms of the Plan, nor to change or add to any benefits provided by the Plan nor to waive or fail to apply any election or requirement of eligibility for a benefit under the Plan.

Notwithstanding the foregoing, the Trustees shall administer the Plan in compliance with the Pension Benefits Act and the Income Tax Act. Except as may be required to ensure that the Plan complies with the Pension Benefits Act and the Income Tax Act, the Trustees shall have no power to add to, subtract from or modify any of the terms of the Plan, nor to change or to add to any benefits provided by the Plan, nor to waive or fail to apply any election or requirement of eligibility for a benefit under the Plan

9.02 - There shall be a minimum of six Trustees, who shall be appointed by the Board of Directors. Each Trustee shall be appointed for a term of three years with a limit of three reappointments for a total of four terms, counting as one term any partial term resulting from an appointment to complete the unexpired term of another Trustee. If any Trustee dies, resigns, or otherwise fails to serve the Trustee's full term, the Board of Directors shall appoint a successor, who shall hold office until the end of that Trustee's predecessor's term. The Board of Directors may, at any time, remove any Trustee and appoint a successor to complete the Trustee's term.

One-half of the Trustees must be board members or former board members of Christian school societies that are Participating Employers under the Plan or must be other non-employee individuals who have been actively involved in the administration of a Participating Employer or its educational function. At least one of the Trustees must be independent in accordance with the Regulations of the Pension Benefits Act. The remaining Trustees must be active Participants in the Plan. Notwithstanding the foregoing, the majority of the Trustees must reside in Canada and the majority of the active Participant Trustees must reside in Canada.

9.03 - The Trustees shall adopt a set of bylaws governing their organization. The bylaws shall provide for the hiring of certain administrative officials who will have charge of the day-to-day operation of the Plan and the Trust Fund. The bylaws shall also cover the details of meetings of the Trustees and the specific procedures by which the Trustees shall take action with respect to the Plan and the Trust Fund. The bylaws shall be subject to approval by the Board of Directors.

9.05 -

  • Any Participants (or Beneficiaries of deceased Participants) who believe that they are entitled to receive benefits under the Plan greater than that determined by the Trustees may, within 120 days after such determination, file an appeal in writing with the Trustees disputing their benefit entitlement.
  • The Trustees shall, within 60 days after the receipt of an appeal, either approve or reject the appeal in writing. A rejection of an appeal shall be written in a manner that can be understood by the Participants and shall include:
    • the specific reason or reasons for the rejection;
    • specific reference to pertinent Plan provisions on which the rejection is based;
    • a statement outlining additional material or information necessary to approve the appeal and why such material or information is necessary; and
    • an explanation of the Plan's appeal procedures.
  • Participants whose appeals are rejected (or their duly authorized representatives), within 60 days after receipt of rejection of their appeals:
    • may request a review upon written request to the Board of Directors;
    • may review pertinent documents; and
    • may submit issues and comments in writing.
  • The Board of Directors shall make its decision no later than 60 days after receipt of a request for review unless a greater period is agreed upon by the Participants and the Board of Directors. The decision on review shall be in writing and shall include specific reasons for the decision, written in a manner that can be understood by the Participants, and specific references to the pertinent Plan provisions on which the decision is based.

9.04 - The Trustees and any Person performing administrative services for the Plan shall be indemnified by CSI against any and all liabilities arising by reason of any act or failure to act made in good faith pursuant to the provisions of the Plan, including expenses incurred in the defense of any claim relating thereto.

9.06 - When an error, omission or deficiency is discovered under the Plan, including but not limited to errors, omissions and deficiencies relating to contributions under the Plan, correct enrollment in the Plan, the vesting or payment of a Participant's benefits under the Plan or the crediting of interest to Participants' Contribution Accounts under the Plan, the Trustees shall correct, to the extent appropriate and based on the recommendation of the Actuary, the error, omission or deficiency by making necessary adjustments to Plan records and corrective distributions as required. To the extent that there has been a failure by a Participating Employer to pay the proper amount of contributions to the Plan with respect to any Participant, the Trustees shall notify the Participating Employer of the amount of the additional contribution and interest necessary to correct the deficiency. For this purpose, applicable interest shall be calculated at the rate of return actually experienced by the Trust Fund for each applicable period of time, including the estimated rate of return for any final period for which investment performance is not yet available. The Trustees shall adopt such policies and procedures as the Trustees deem necessary or appropriate to implement the foregoing powers and duties under the Plan.

9.07 - In order for the Trustees to carry out their various duties as described in Section 9.01, Participating Employers shall provide to the Trustees in a timely manner such information as may be reasonably requested by the Trustees for the purpose of complying with the terms of the Plan, the Pension Benefits Act and the Income Tax Act.