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[141] In any event, as the Chief Justice explained in Elder Advocates, the interest at issue must be a specific private law interest, and the entitlement at stake “must not be contingent on future government action” (para. 51). Federal employees are not entitled to any specific contribution rate, whether the contribution is determined by Parliament (as it was prior to January 1, 2004), or by the Treasury Board (starting January 1, 2004). The Plan members did not have a specific private law interest in any prescribed contribution rates such as to ground a fiduciary duty.
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