Alberta Moves to Block Pension Lawsuits Over AIMCo Losses
Michelle Bellefontaine of CBC News reports Alberta tries to legislate ban on lawsuits about AIMCo losses:The Alberta government is proposing new legislation to prevent public sector pensions from suing the Alberta Investment Management Corp., or AIMCo, for decisions made before November 2024.
Bill 12, the Financial Statutes Amendment Act (No. 2), introduced in the Alberta legislature Tuesday, aims to solve a problem for the government that has existed since 2020 when AIMCo lost $2.1 billion in trading.
AIMCo manages pensions for Alberta public sector workers. The Local Authorities Pension Plan (LAPP), the Public Service Pension Plan (PSPP) and the Special Forces Pension Plan (SFPP) have been trying to recover about $1.3 billion in losses since then via arbitration.
A Court of King’s Bench ruling from 2023 found that AIMCo and the Alberta government would both be held liable for the losses if the pension plans were successful in their arbitration case.
On Tuesday, Finance Minister Nate Horner said the legislation is required to protect Alberta taxpayers.
“There's no extra fund at AIMCo to cover something like this,” he said during a news conference at the Alberta legislature.
“It would fall on the backs of Alberta taxpayers, and we're talking about $1.3 billion minimum. We've had lots of conversations about the borrowing the province is already undertaking, and it's something we're not willing to entertain.”
The government said the pension plans are well-funded and the AIMCo losses didn't reduce benefits for members.
Court Ellingson, the NDP MLA for Calgary-Foothills and Opposition critic for finance, said $1.3 billion is a large sum that impacts many people.
"The money still needs to be to be there to pay out those defined benefits," Ellingson said.
"If the money is not there, who's on the hook … who needs to start making up for this $1.3 billion in losses to ensure that those defined benefits continue to be paid?
The 2020 losses were attributed to an investment strategy called a volatility trading strategy, or VOLTS.
Last year, Horner fired four AIMCo executives — including the CEO — and the entire board of directors, the second major management change in five years.
Ah, that infamous volatility trading strategy (VOLTS) that cost AIMCo $2.1 billion in trading losses back in 2020.
I remember it well, the The Cboe Volatility Index, known as the VIX, surged nearly 25 points to close at a record high of 82.69 on March 16, 2020, surpassing the peak level of 80.74 on November 21 2008.
All of a sudden, all those sophisticated pension funds selling volatility in strategies similar to VOLTS got caught with their pants down, and as losses mounted, board of directors panicked and pulled the plug on the strategy at the worst time (the VIX peaked there and subsequently dipped hard, AIMCo would have recovered all its losses but political pressure was too strong).
Anyways, that blowup cost former CEO Kevin Uebelein and former CIO Dale MacMaster their jobs but they received millions in severance pay over the next two years which tells me they had a strong case against the organization (still, optics of paying them over next two years looked horrible as it looked like paying off senior execs to walk away with millions after losing $2.1 billion on one strategy).
Now, I am not going to get into a long argument about this case above because I agree with the Government of Alberta, it's ridiculous to ask Alberta's taxpayers to pony up the $2.1 billion in losses from VOLTS.
If it was any other fund, that money would be lost forever but because AIMCo is backstopped by the government -- ie. taxpayers -- they think they are entitled to this money.
No, they are not, it's gone forever.
More importantly, AIMCo is doing a good job managing assets over the long run and these plans are not in a deficit, they're in good shape so they have more than enough assets to meet future liabilities.
Even if there was a huge shortfall, they are not entitled to the $2.1 billion that was lost from VOLTS.
In other news, the Public Service Alliance of Canada (PSAC) notes Budget 2025 hints at pension cut for federal workers:
PSAC is concerned the federal government may be preparing to claw back the hard-earned retirement benefits federal public service workers rely on.
Under the "Equitable Public Sector Retirement Benefits" section of the 2025 budget, the government suggests that federal public service workers are “overcontributing” to their federal pension plans and the Canada or Quebec Pension Plans (CPP/QPP). The government aims to correct the issue, promising this will save money both for the government and federal workers.
But this language hints that they plan to reduce pension plan benefits for workers to compensate for recent changes to CPP and QPP. Any proposal that reduces the value of members’ pensions – while framing it as a cost saving for workers – is unacceptable.
The federal government has already betrayed the trust of workers who contribute to the Public Service Pension Plan. Last year, the Liberal government raided $1.9 billion from pension plan, transferring the funds into the government’s own coffers. That decision directly undermined the retirement security of federal public service workers and set a dangerous precedent for treating the pension plan as a government piggy bank.
Combined with massive job cuts and sweeping changes to federal labour legislation included in this budget, the pension change is yet another red flag about how this government intends to treat its workers. PSAC will fight any attempt to undermine workers’ rights — including any move that threatens the financial security of our members in retirement.
Pensions are a core part of our members’ compensation – paid for and earned over a lifetime of service. Any change to pension benefits must be transparent, and should be brought to the unions at the bargaining table – not slipped into the budget as an accounting exercise.
Prime Minister Carney’s government still has an opportunity to show leadership by protecting and strengthening the pensions workers depend on – not weakening them.
PSAC is seeking immediate clarification from the federal government on the intent and impact of the pension language in Budget 2025. We will update members as soon as more information becomes available.
CUPE also raised serious concerns on this issue and I am following it closely.
Still, one area where I disagree with PSAC is this:
The federal government has already betrayed the trust of workers who contribute to the Public Service Pension Plan. Last year, the Liberal government raided $1.9 billion from pension plan, transferring the funds into the government’s own coffers. That decision directly undermined the retirement security of federal public service workers and set a dangerous precedent for treating the pension plan as a government piggy bank.The federal government didn't raid your pension plan, there was a huge surplus and since the government backstops your pension, that surplus belongs to the government (ie. taxpayers).
It really irks me when unions use divisive language and don't lay out the facts properly.
If the government (ie. taxpayers) owns the deficit of these plans, they sure as hell own the surplus too.
Alright, let me stop there, sometimes I read these articles and just can't believe what I'm reading.
Below, Alberta government has introduced Bill 12, the Financial Statutes Amendment Act (No. 2), aiming to stop public sector pension plans from suing AIMCo over $1.3 billion in investment losses from before November 2024.







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