On March 18, 2025, the Superior Court of Québec was asked to authorize a class action for settlement purposes only and to approve a Settlement Agreement (the “Settlement”), relating to pension indexation under the Multi-Employer Rio Tinto Canadian Business Units Pension Plan for Certain Non-Unionized Employees (including predecessor pension plans, collectively the “RTCBU Plan”) and/or related Supplementary Executive Retirement Plans (“SERPs”).
This settlement concerns retirees with defined benefit entitlements under the RTCBU Plan and the SERPs. The Settlement resolves a dispute arising from the absence of indexation of the defined benefits entitlement under the RTCBU Plan and the SERPs between January 2011 and the present date.
What the Settlement Provides
- A lump-sum settlement fund of at least $13.5 million, to be distributed to eligible retirees and their survivors
- A new Use of Surplus and Indexation Policy, to govern future potential pension increases if the RTCBU Plan is in a surplus position
The Settlement was reached following prior litigation and mediation between a group of retirees and Rio Tinto Fer et Titane Inc., Rio Tinto Canada Management Inc., and Rio Tinto plc (together, “Rio Tinto”).
Who is Covered
You may be a Class Member if you fall into one of the following two sub-groups:
Sub-Group 1 – RTCBU Plan Retirees Eligible for Lump-Sum Payments
- Former employees who had defined benefit entitlements under the RTCBU Plan or predecessor plans and who: (a) withdrew the present value of those pension benefits and (b) were only in receipt of pension benefits in accordance with a SERP on December 31, 2023, except for those who began receiving those benefits between January 1 and December 31, 2023;
- Retirees in receipt of RTCBU or SERP defined pension benefits on December 31, 2023, except for those who began receiving those benefits between January 1, 2023 and December 31, 2023;
- Surviving spouses of members in (i) or (ii) who were receiving benefits.
Sub-Group 2 – Current and Future Defined Benefit Holders
Includes individuals who hold defined benefit entitlements under the RTCBU Plan, but whose pensions benefits have not started before 2023.
Individuals under Sub-Group 2 will not receive a lump-sum payment but may benefit in the future from the Use of Surplus and Indexation Policy, which allows for conditional pension increases if surplus funds exist.
All Class Members will benefit from the adoption of the Use of Surplus and Indexation Policy for potential indexation awards for years 2024 and beyond.
Please note that if you fall within the definition of the Class as described in the settlement authorizing the class action, you are automatically part of the class action, without having to register.
Payments to eligible retirees (Sub-Group 1) will be calculated using an actuarial formula and deposited into the same account where they receive their pension.
If you wish to consult the Application for Authorization to Bring a Class Action for Settlement Purposes and to Approve a Settlement Agreement, please click on the link below:
View the Class Action Authorization and Settlement Approval Application
If you wish to consult the Settlement Agreement, click on the link below:
In order to assist us ensure proper processing of the Settlement, please complete the Intake Form, which will allow us to:
- Update your contact information;
- Respond to the questions you ask us;
- Track surviving spouses or former employees in Sub-Group 1(ii);
- Provide notice updates.
Complete the Intake Form
Woods LLP is a boutique law firm with significant experience in the field of class actions. We take all necessary precautions to maintain the anonymity of those who so desire, in the context of this Class Action.
The website will be updated as the file evolves.