| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
disability pension |
|
|
Summary:
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.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
definition |
|
Summary:
The claimant, a fireman employed by the City of Montreal, received a long-term disability benefit until he returned to work. He maintained that his disability benefit did not have value as earnings. Referring to its decision in A. Pleau (A-721-95), the FCA refused to characterize the disability benefit paid as a “pension”. The FCA added that in certain cases, the recipient of a disability benefit is not necessarily out of the labour market; the aim of his pension is to remedy the fact that some sectors of the labour market are henceforth permanently closed to him.
