Decision 13934

Case Number Claimant Judge Language Decision date
Decision 13934   Martin  English 1987-07-21
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


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

Summary:

Not entitled to a pension but only to a refund of the amounts paid into the plan. Half of refund considered earnings upon separation allocated under reg. 58(10). The other half representing claimant's share into the fund was not at issue.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  conditions required  7 days without earnings 

Summary:

Vacation pay, sick leave pay and pension plan refund received upon separation in 7-86. No interruption of earnings for the period of the allocated payment under reg. 58(10).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  authority to review  time limitation 

Summary:

Earnings ignored initially and then retroactive ruling. Argues that the Commission is bound by initial advice. Staff have no authority to waive legislative requirement. If error made and benefit paid, the Commission has 3 years to rectify the error.


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