Decision 15683

Case Number Claimant Judge Language Decision date
Decision 15683   Martin  English 1988-09-07
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  guidelines from the Commission 

Summary:

Not clear whether claimant relied upon contents of BC Circular 86-1. However it does not matter whether she did. Instructions by CEIC to its employees on how various sections of the legislation were interpreted and administered, cannot override the actual provisions of the Act.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  pension  own contributions 

Summary:

Government employee in Newfoundland who purchased non worked service by payment of double the normal contribution. The whole pension arises out of employment and is earnings. BC Circular 86-1 is erroneous. Charter argument dismissed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  arising out of any employment 

Summary:

Claimant purchased non worked service by paying double contribution. It was only because of her employment that she was able to take advantage of the additional pension benefits and it must therefore be said that it arose out of employment.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  pension  charter 

Summary:

Discrimination alleged because of difference in treatment accorded to those who make additional voluntary contributions to an employer pension plan and those who contribute to a third party plan. Argument could have some merit if both are similarly situated. No such evidence.


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