Summary of Issue: Exemption Clause

Decision A0351.94 Full Text of Decision A0351.94

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.

Decision 24592 Full Text of Decision 24592

Refer to: A-0351.94

Decision 25967 Full Text of Decision 25967

Retired from the Department of National Defence. Received his first pension cheque on 8-11-91. He had also accumulated 27 weeks of insurable employment elsewhere from 20-3-91 to 11-10-91. Held that the decision of the Board that the pension was earnings was in accordance with the Act.

Decision 24907 Full Text of Decision 24907

Retired after 22 years in military service. He then worked for 13 years with Transport Canada. Total of 35 years with 70% pension. As per the Board, 43% (military service) is exempted. No relief under 57(3)(j) said the Commission as claimant bought back time. Not receiving the original pension.

Decision 22891 Full Text of Decision 22891

Pilot retired from the Forces. Accepts a 1-year contract with the Forces. Continues to receive his pension. He then works an extended 18 months while pension discontinued and contributing again to the fund. Only the increase in his pension is now earnings, the other part being exempted by 57(3)(j).

Decision 22757 Full Text of Decision 22757

Retired from the military and was paid a pension of $1,378 per month. He then worked 4 years as a reserve and his pension was suspended. Pension subsequently increased to $2,439. He does not come within 57(3)(j) since he did not receive his pension while working in his qualifying employment.

Decision 22745 Full Text of Decision 22745

Retired from Canadian Forces in 6-89. Pension became payable in 12-89. Employed by insurance company from 6-89 to 3-90. He accumulated 13 insured weeks from the date that his pension became payable whereas he required 14 for his pension to become exempted. Charter argument dismissed.

Decision 22554 Full Text of Decision 22554

Three conditions must be met: (1) claimant must have accumulated the required insured weeks; (2) the insured weeks must have been accumulated after the pension became payable; (3) during the entire time claimant was accumulating these weeks, he must have been in receipt of pension payments. Retired with pension from National Defence in 6-86. Joined the Class C reserves in 8-87 and pension ceased 1 year after, in 8-88. Contract in Class C expired on 20-11-90 and then started to receive an increased pension. Para. 57(3)(j) does not apply and pension is earnings.

Decision 18483 Full Text of Decision 18483

Although it may appear inconsistent that a pension is not earnings as a result of new insurable employment, that is no legal basis for setting aside the legislation which has created the apparent inconsistency. Parliament has simply provided for an exception.

Decision 17237 Full Text of Decision 17237

Received a pension from the pension fund of the Office de la construction du Québec since 3-85. Then employed as an electrician from 8-10-85 until 16-5-86 and made an application for benefits on 19-5-86.

Decision 16276 Full Text of Decision 16276

Claimant employed until 6-85 and then collects a monthly pension of $1125. Pension discontinued from 4-86 to 10-87 while employed by a subsidiary company. Pension payments resumed afterwards at $2400 a month as he had turned 55 years of age. Reg. 57(3)(j) does not apply.