| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Claimant is a minister of the United Church. The plan relates to all employees of the United Church, a group, and is not portable. These two facts alone eliminate the possibility of its being characterized as not a group plan. [p. 3]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
The indemnity becomes payable at the time of disability not retirement. It lasts only so long as the disability lasts. Payment discontinues at age 65, death or if claimant becomes employed. These are features of disability wage-loss, not a disability pension.
The characteristics of the plan and not what the plan may say about itself determine into which class it must fall. Irrelevant that officials have described it as a disability pension when in fact it does not have such characteristics.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
from employer |
|
Summary:
I do not agree that the plan cannot be an indemnity plan because payments do not come from an insurance company but from the United Church, the employer, or because the plan describes itself as not insurance in the strictest sense.
