| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
exemption clause |
|
Summary:
Worked 4 years while his pension from the first employment stopped. Received an increased pension once his 2nd employment came to an end. By accepting re-employment under a contract that required his pension to be interrupted, claimant brought himself outside the scope of the exception of 57(3)(j).**The more general provision of 57(2)(e) provides that pension income must be generally included in the calculation of earnings, thus reducing a claimant's benefit. By way of exception, 57(3)(j) provides that a pension that would otherwise fall within 57(2)(e) need not be included if conditions met.**The 2 criteria on which the exception of 57(3)(j) is based are: first, the period of insurable employment used to qualify for benefits must fall "after the date on which the monies became payable"; second, that period must fall within the period "in respect of which claimant received those monies".**Retired with pension. Subsequently worked 4 years while pension stopped to receive increased pension afterwards. Only monthly increase in pension resulting from 2nd employment deemed earnings, said the Umpire.
