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SISIP LTD and ELB

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Re: SISIP LTD and ELB

Post by TripleT on Sun 07 Jul 2013, 21:08

LOL, OMG propat, thanks for your input however I clearly smoke too much to be able to absorb whatever the **** that is. What a Face 
Joking aside, Now that I recall, when VAC said I qualified for ELB back in Nov 2012, I received a worksheet and a check for ELB going back to 2006 (I was in the Rehab program before I fell off their radar) Were talking to the tune of thousands here. And they gave me that money AFTER the settlement in may 2012!!??? I'm assuming that because of the settlement, my VAC benefits could no longer be used to determine eligibility for ELB, and they topped me up. VAC must be aware that I will receive retro from SISIP, so why give me the money if they are just going to claw it back? It's not making sense to me. All I know is, if they are thinking of taking all ELB I received off my settlement check, it will be from my cold dead hands.

TripleT
CSAT Member

Number of posts : 74
Location : Welland, ON
Registration date : 2013-04-18

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Re: SISIP LTD and ELB

Post by Guest on Sun 07 Jul 2013, 20:56

ok buds just blew threw all of the relevant charter and its regulations stuff and this is all I can find.i was able to find nothing on repayment of ELB as it refers to your situation. 24. does deal with lump sums but since they mention actuarial principles im think they are referring to post (buyout type) lump sum not retroactive lump sum. however I would defiantly look into this further as im no lawyer and have trouble making this crap out from time to time.

thank you for such an interesting question.

propat

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Re: SISIP LTD and ELB

Post by Guest on Sun 07 Jul 2013, 20:36

TTT

ok so much for assumptions here it goes.


21. (1) The monthly military salary referred to in sections 18 to 20 shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 1/4%, for the year ending on September 30 of the previous year to a maximum of 2% per year.


(2) The Consumer Price Index is the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.


22. The following sources are prescribed for the purpose of the amount of variable B in subsection 19(1) of the Act:

(a) [Repealed, SOR/2012-195, s. 1]


(b) benefits payable under the Canadian Forces Superannuation Act, the Public Service Superannuation Act or the Employment Insurance Act;


(c) benefits payable, other than amounts payable for a dependent child, under the Canada Pension Plan or the Quebec Pension Plan;


(d) benefits payable under any employer-sponsored long-term disability insurance plan;


(e) benefits payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation;


(f) amounts payable in respect of economic loss arising from legal liability to pay damages;


(g) amounts payable under an employer pension plan;


(h) employment earnings payable while the veteran is not participating in a rehabilitation plan or vocational assistance plan developed by the Minister or where the veteran is participating in such a plan and the sum of the earnings loss payable for a month plus the employment earnings for the month exceeds the veteran’s imputed income; and


(i) 50% of employment earnings payable while the veteran is participating in a rehabilitation plan or vocational assistance plan developed by the Minister so long as the sum of the earnings loss payable for a month plus the employment earnings for the month does not exceed the veteran’s imputed income.


SOR/2012-195, s. 1.

Previous Version

23. The following sources are prescribed for the purpose of subsection 23(3) of the Act:

(a) [Repealed, SOR/2012-195, s. 2]


(b) benefits payable under the Canadian Forces Superannuation Act or the Public Service Superannuation Act other than amounts payable for a dependent child;


(c) benefits payable under the Canada Pension Plan or the Quebec Pension Plan other than amounts payable for a dependent child;


(d) benefits payable under any employer-sponsored long-term disability insurance plan other than amounts payable for a dependent child;


(e) benefits payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation other than amounts payable for a dependent child;


(f) amounts payable in respect of economic loss arising from legal liability to pay damages; and


(g) amounts payable under an employer pension plan other than amounts payable for a dependent child.


SOR/2012-195, s. 2.

I learned something new here as I didn't think ELB had a cap on the CPI but I guess its the same as sisip.

and now for the big one.


24. If any amount referred to in section 22 or 23 is paid as a lump sum, it shall be converted into a monthly payment in accordance with generally accepted actuarial principles.

now what do you think this says ????

propat

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Re: SISIP LTD and ELB

Post by Guest on Sun 07 Jul 2013, 20:00

well it does state 75% for elb so if you get sisip at 75% the math says you cant be on both.as for some second hand info my CM told me sisip is the first payer.ill ad this as it may be relevant to you its from the NVC.

41. The Governor in Council may make regulations

(a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit or a Canadian Forces income support benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1) or 23(3), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;

as for paying anything back I would assume as much but that is just an assumption thus you have a very good and interesting question.not sure if I can find anything but ill take a look.

propat

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SISIP LTD and ELB

Post by TripleT on Sun 07 Jul 2013, 18:24

I have been receiving ELB since Nov 2012 and now I've just been re-instated SISIP LTD. I don't expect that I can collect both but can't find where it states this. Since my SISIP LTD is retroactive, will VAC want me to give back all ELB received since Nov 2012?

Any input would be appreciated.

TTT

TripleT
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Number of posts : 74
Location : Welland, ON
Registration date : 2013-04-18

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Re: SISIP LTD and ELB

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