| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
definition |
|
Summary:
The Claimant had left his employment in 2007 and was receiving a monthly pension from a Pension Plan of which he had been a member with his employment. The Commission argued that this pension constituted earnings that would reduce the benefits payable to the claimant under the EIA. However, the BOR determined that this pension was a private pension and did not fall within the meaning of the term «pension» in s. 35(1) of the EIR. The correctness standard was applied by the Umpire to review the BOR's decision and the Umpire substituted his views for those of the BOR. The FCA agreed with the interpretation of the Umpire stating that the pension was not a private pension and was within the meaning of «pension» in s. 35(1) of the EIR as it arose out of the Claimant's employment.
