An employer discontinued the provision of post-employment health and welfare benefits for employees hired after a certain date (New Hires) pursuant to the terms of a collective bargaining agreement. In consideration for this discontinuance, it agreed to make contributions to a trust to fund certain designated employee benefits as described in s. 144.1(1) for the New Hires.
In finding that this lump sum contribution would not satisfy the requirements of s. 144.1(6)(b) that it be made “by reference to the number of hours worked by individual employees of the employer or some other measure that is specific to each employee with respect to whom contributions are made,” CRA stated:
Accordingly, contributions made to an ELHT [employee life and health trust] must be directly attributable to specific active employees. Where a contribution is made in respect of new or future hires comprised of unidentified individuals, most of whom are not yet employees of the employer, this requirement would not be met and the contribution would not be deductible under subsection 144.1(6) … .