In Okanagan College, 2026 BCLRB 39, the B.C. Labour Relations Board considered whether a long-term disability plan that ended coverage at age 65 was protected by the bona fide group or employee insurance plan exception under section 13(3)(b) of the B.C. Human Rights Code.
The decision is important for employers, plan sponsors, unions and benefits advisors. It confirms that an age-based limit in a genuine benefit plan will not necessarily lose statutory protection simply because other, potentially less discriminatory, plan designs may be available.
Background
The case arose from a challenge to a long-term disability plan that terminated coverage and benefits at age 65. The union argued that, after mandatory retirement was eliminated in British Columbia, employees who continued working beyond age 65 should not lose LTD protection solely because of their age.
