Summary of Issue: Vs Disability Pension

Decision 20909 Full Text of Decision 20909

Pre-retirement leave payments made by Devco under the plan as amended as of 1-3-89 are not earnings. The amendments are sufficient to rebut any presumption of a continuing employment relationship. SWALLOWELL distinguished. Payments rather constituted a disability pension.

Decision 20091 Full Text of Decision 20091

Bus operator with the City of Winnipeg covered by something called an "Employee Benefits Program". The payments were made as compensation for a permanent disability. As such, the plan is properly characterized as a disability pension. Wage loss payments are more likely to be short term and relate to temporary as well as to what may be or become a permanent disability. Benefits paid are likely directly related to one's full wages. Comparable to those paid under temporary partial WCB and sick leave plans.

Decision 18988 Full Text of Decision 18988

Pre-retirement leave of absence income paid to claimant for some 15 years by Sydney Steel Corporation treated as insurable earnings. Payments in the nature of a disability pension, not unlike a permanent settlement paid under Workers' Compensation plans.

Decision 16206 Full Text of Decision 16206

Benefits are paid from the same insurance plan as in CUB-9542, namely the SSQ, but not under part D. This was sufficient to render a different judgment. Very little information.

Decision 14629 Full Text of Decision 14629

The indemnity becomes payable at the time of disability not retirement. It lasts only so long as the disability lasts. Payment discontinues at age 65, death or if claimant becomes employed. These are features of disability wage-loss, not a disability pension. The characteristics of the plan and not what the plan may say about itself determine into which class it must fall. Irrelevant that officials have described it as a disability pension when in fact it does not have such characteristics.

Decision 14469 Full Text of Decision 14469

Incapacitated postmaster receiving benefits from Sun Life pursuant to the Public Service of Canada plan. The Board erred in concluding that these were disability benefits.

Decision 14195 Full Text of Decision 14195

Severance award by Firestone upon separation at age 65 or prior if incapacitated. Received $5582 upon medical discharge. No evidence that payment made under a wage-loss or pension plan of any kind. Lump sum. No contributions made. Reg. 57(2.2) does not apply. [p. 9]

Decision 13712 Full Text of Decision 13712

Reg. 57(3)(a) would not apply since the "disability" payments referred to therein are apparently in the nature of permanent payments while the present payments [from Confederation Life at University of B.C.], though long-term, are not as they are subject to review. [p. 7]

Decision 13413 Full Text of Decision 13413

Received disability benefits ($580 a week) under the School Employee Benefit Plan with Sun Life which provided for long-term disability. The amount received was not a disability pension and was paid under a group plan.

Decision 13385 Full Text of Decision 13385

Falconbridge Nickel Mines in Sudbury. The issue is whether the money ($120 a week) is a disability pension or a long-term disability benefit. There is no reference to a disability pension in the benefit package.

Decision 13047 Full Text of Decision 13047

Long-term disability. Benefits will cease or be reduced upon obtaining employment. These variable payments are similar to wage loss and not to a disability pension which would provide a constant payment.

Decision 12965 Full Text of Decision 12965

Employee of Wabasso declared disabled; receiving compensation from Sun Life and a disability pension from the RRQ. According to board, this was disability payment. Question of fact. No error of law.

Decision A-0464.85 Full Text of Decision A-0464.85

Disability Insurance Plan for public servants. The Board found that payments were under a group sickness or disability WLI whereas for the Umpire they were a disability pension. The plan was not in evidence before either. Either decision is not supported.