Summary of Issue: Disability Pension

Decision 43231 Full Text of Decision 43231

A medical certificate certainly carries more weight than a simple statement from an employer in determining when the disability began, but eligibility for exemption under paragraph 57(3)(a) of the UIR (now 35(7)(a) of the EIR) is based on two essential factors: (1) the disability must be permanent; and (2) the disability must be declared.

Decision 40999 Full Text of Decision 40999

Umpire stated that the only way that long term disability income protection plan (DIPP) payment can be excluded from earnings is if they fall within either Reg. 35(7)(a) of the UI Act, i.e. they are disability pension payments "for life", or Reg. 35(7)(b) they are payments under sickness or disability wage-loss indemnity plan that is not a group plan. The payments are not wage-loss indemnity payments made under a plan that is not a group plan and under Clause 22-1001(g) of the DIPP no payment is for life.

Decision A-0156.95 Full Text of Decision A-0156.95

Payments made under the Montreal firemen’s pension plan to a beneficiary whose disability is not medically deemed to be permanent or to preclude a return to work are not in the nature of pension benefits. They have the character of a compensatory benefit to cover a temporary loss of salary, and are subject to allocation. Only payments for a permanent disability are covered by para. 57(3)(a) of the Regulations.

Decision A-0160.95 Full Text of Decision A-0160.95

Payments made under the Montreal firemen’s pension plan to a beneficiary whose disability is not medically deemed to be permanent or to preclude a return to work are not in the nature of pension benefits. They have the character of a compensatory benefit to cover a temporary loss of salary, and are subject to allocation. Only payments for a permanent disability are covered by para. 57(3)(a) of the Regulations.

Decision 20091 Full Text of Decision 20091

It consists of periodic payments made as compensation for a permanent injury (when retiring from the particular type of work in which one was engaged at the time of the injury). It may be partial, likely to last over a long period, may vary from time totime and may cease at 65. The rationale behind excluding disability pensions is clear. The individual is working at a lesser capacity than would be the case if the disability had not occurred. The individual's total income consists of the disability pension (not insurable) and insurable income.