Post NVC pension loophole?

View previous topic View next topic Go down

Post NVC pension loophole?

Post by atarijedi on Tue 28 Feb 2017, 11:42

A friend of mine, and myself, were talking about retirement plans and saving money and such. We got onto the topic of the Liberals promise to reinstate the life long pensions for people who came in post NVC, and it got me curious about the NVC and the Pension Act, so I gave them both a read.

In the pension act it references that anyone who falls under the "Canadian Forces Members and Veterans Re-establishment and Compensation Act" is not privy to getting a pension under the Pension Act. However, it does list a bunch of exceptions to that.

I was particularly interested in item e, which states the following.

3.1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act unless

(e) the Minister has determined under the Canadian Forces Members and Veterans Re-establishment and Compensation Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable for the purpose of assessing the extent of disability from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted

Does anyone know if this would mean that if someone else has been granted a pension for a disability, and you have that same disability, than you can also receive a pension by referencing that person and their pension?

or am I reading it wrong?

atarijedi
CSAT Member

Number of posts : 10
Location : Greater Toronto Area
Registration date : 2017-02-28

Back to top Go down

Re: Post NVC pension loophole?

Post by Trooper on Tue 28 Feb 2017, 14:02

atarijedi,

I think what they are talking about is having an award paid out from the pension act itself.

Here is the entire section of that particular part of the act;

Pension Act (R.S.C., 1985, c. P-6)

Canadian Forces Members and Veterans Re-establishment and Compensation Act

No award payable

3.1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act unless

(a) the application is in respect of a disability for which a pension has been granted or is an application under section 36 in respect of such a disability;

(b) the application is in respect of the death of a member of the forces, if the death occurred before the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act or is the result of an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted;

(c) the application is in respect of an injury or a disease that was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947, or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an injury or a disease;

(d) the application is in respect of an aggravation of an injury or disease, if the aggravation was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947 or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an aggravation;

(e) the Minister has determined under the Canadian Forces Members and Veterans Re-establishment and Compensation Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable for the purpose of assessing the extent of disability from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; or

(f) the application is made under section 38 by a pensioner.

Marginal note:Exception

(2) Subsection (1) does not apply in respect of an application for compensation made under Part III.1 if the application relates to a period spent as a prisoner of war that began before the coming into force of section 64 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

2005, c. 21, s. 106.

Looking at (e), a Veteran has 50% pension for a condition from the pension act, and that same condition post 2006 NVC has been assessed to the extent of that disability of a further 10%, that 10% would become an award.

That's the way I read it, others can jump in with their own interpretation, but I think they are talking about a disability award, and not a pension from the pension act.
avatar
Trooper
CSAT Member

Number of posts : 5258
Location : New Brunswick
Registration date : 2013-02-18

Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum