Some employees of an employer accumulate overtime in a time bank with the intention of eventually accelerating their retirement or cashing in the hours at retirement. However, most employees use the accumulated time within 12 months of when the hours were accumulated. As to whether this was a salary deferral arrangement, CRA stated:
Whether a main purpose of the creation or existence of such a right is to defer tax payable under the Act is a question of fact that can only be resolved after considering all the relevant facts. The fact that the period for deferring an amount does not exceed 12 months or that the purpose of the plan or arrangement is to allow an employee to accelerate retirement does not allow us to conclude that a plan or arrangement is not a salary deferral arrangement. If one of the main purposes is to allow an employee to defer tax, the plan or arrangement in respect of that employee could be a salary deferral arrangement.