| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
definition |
|
Summary:
Claimant receives an annuity under the R.C.M.P. Superannuation Act. Pension in reg. 57 includes amounts payable on account of or in lieu of a pension. The annuity falls into this category. It replaces the pension.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
private plans |
|
Summary:
The arbitrariness of the distinction between private pension plans and those to which an employer contributes directly is an argument directed at the policy of the legislation and not one to which an Umpire can respond. Charter not offended.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
not savings |
|
Summary:
I agree that as a matter of logic if funds paid out of a trust fund as vacation pay are treated as savings, not earnings, the same should be true for pension payments. This would void reg. 57(2)(e). O'CONNOR and COTE implicitly reject such a finding.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
charter |
|
Summary:
The arbitrariness of the distinction between private pension plans and those to which an employer contributes directly is an argument directed at the policy of the legislation and not one to which an Umpire can respond. Charter not offended.
Claimant's argument is that the earnings are being counted twice under the Act: once when they are earned and once when they are paid out of the pension fund. This is based on the policy of the legislation. COTE dealt with the validity of reg. 57.
