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ELB Class Action Law Suit

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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 07 May 2014, 10:49

OK asked one of my contacts about deducting CPP D from PIA. Here is the answer...

If you look in the legislation you see that in Section 19 of the NVC Act they detail the formula for how they are going to calculate ELB which includes subtracting "prescribed" sources of income. Section 37 of the regulations then details what those sources are. The NVC Act 38-40 basically says that Minister will provide a PIA and sections 40-46 of the Regulations speak to the eligibility and definition of a permanent impairment. All that to say there are no provisions to deduct income from PIA or the Supplement.

Now if you are asking does CPP Disability deduct PIA, that I don't know.


So CPP no....CPP D ???????

Still searching for the right person to answer the question
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Re: ELB Class Action Law Suit

Post by bigrex on Wed 07 May 2014, 06:30

Aicsie, it would be a good photo op, but the Tories would probably tell us we had to pay our own way, or rely on corporate Canada to ensure we were there to collect the cheques.
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Re: ELB Class Action Law Suit

Post by aicsie on Wed 07 May 2014, 01:18

meteck wrote:has anyone been contacted to say when we are getting our pittance?? rock the hill is june 4 people..after watching our day of honour event being handled like crap and having a non=profit sell 10grand breakfast tickets to pay for the families of the fallen to attend is hypocrisy at the highest level..rock the hill!!

ps..bruce 72 I just officially passed my school gig..good luck with yours!!!


im pretty sure it would be a good photo op for the PM if they flew us all out to the hill to present them personally to each of us with a cookie and juice paper bag lunch :^ however im pretty sure it will be sept. long after steve gets his bird out and mocks.

PS: id eat that cookie and wash my hands in the fire.

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Re: ELB Retro

Post by Meeko35 on Mon 05 May 2014, 09:40

HI:
Did Brigit ever report back about the lawyer she was going to see?  Just wondering if her lawyer said the same thing about the retro issue as Drapeau's office did by not replying to us all.  The COLA issue makes it seem like we are making a bunch of money off the government and we really are not.  Thanks

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Re: ELB Class Action Law Suit

Post by Guest on Wed 30 Apr 2014, 19:18

big rex is correct ELB will claw back the CPPD amount but not the PIA and its supplement.

also on the life time limit.

3.The PIA and the PIA supplement are taxable, monthly allowances payable for life or until such time as the Veteran no longer meets the eligibility requirements for payment. The amount of PIA payable is based on the extent of the Veteran's permanent and severe impairment and the payment of the PIA supplement is based on whether the Veteran is totally and permanently incapacitated to the extent that prevents the Veteran from performing any occupation that would be considered to be suitable gainful employment.

propat

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Re: ELB Class Action Law Suit

Post by bigrex on Wed 30 Apr 2014, 18:29

PIA will not be clawed back, as there are no mention of allowable deductions in the Act, or regulations. One thing that I did read, and was pleasantly surprised by, was that the PIA supplement does not have a specified end date like the ELB does, ending at 65. I thought it did because it ties directly into the ability to work, and since 65 is the average retirement age, I thought it would end as well. It is actually payable for life, as long as you still receive PIA, and remain TPI'd.
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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 30 Apr 2014, 16:21

I know that your ELB is clawed back. PIA I'm not sure.
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Re: ELB Class Action Law Suit

Post by loggie on Wed 30 Apr 2014, 16:14

I am sorry to ask as this may have been answered somehwere already but if you apply for CPP(D) does that mean any/all of ELB, PIA and/or its supplement are clawed back?
Thanks to all for this site; it is a source of great news

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Re: ELB Class Action Law Suit

Post by bigrex on Wed 30 Apr 2014, 15:42

Actually, I just looked at my bank account. The net amount I received in January for my reduced ELB, PIA and PIA supp combined was exactly 0.9% more than what was deposited in December. That means that they must not have applied the CPI to the full amount of my ELB, because if they had used my full benefit, the increase would have been around $50/month, instead of $28/month.
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Re: ELB Class Action Law Suit

Post by bigrex on Wed 30 Apr 2014, 14:35

That, and those members who were released medically for non service related injuries, since 1976, but still had their LTD reduced because of things, such as the CF pensions, or employment earnings. It used to be that the only way you could even get on SISIP, was if you were not entitled to a PA pension. Even though the CPI issue is related to SISIP, it does bring up a valid point though concerning ELB. Since ELB has been modelled after SISIP, did they also calculate CPI in the same manner?
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Re: ELB Class Action Law Suit

Post by Guest on Wed 30 Apr 2014, 09:03

This are guys released after the change. No clawback applied to them, this are sisip ltd clients not ELB

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ELB Class Action Law Suit

Post by brigitte63 on Wed 30 Apr 2014, 09:01

Can someone explain please?

During negotiations between the class and the federal government, class lawyers with McInnes Cooper identified an issue with the calculation of annual Cost of Living Allowance increases. It was agreed in the April 2013 settlement that the Cost of Living Allowance issue would be resolved at a later date, either by settlement or a Court decision.
The proposed settlement to resolve the improper calculation of annual Cost of Living Allowance increase is projected to result in an additional $35 million in benefits to the class.
Along with the proposed financial settlement, the class will expand from the original 8,000 members to 14,000 members.  The additional 6,000 class members are disabled Canadian Forces veterans who receive long term disability benefits, but those benefits had not been reduced by a Veterans Affairs Canada benefit.

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Re: ELB Class Action Law Suit

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