Pension Miscalculation/Error Class Action

puddleduk2 wrote:Page last updated on vac site on 24th of January 2024, no mention of this settlement under ‘alerts’, just the previous one.

I assume you mean this page if one scrolls down to the bottom of it
https://www.veterans.gc.ca/eng

the information within the block is this...

ALERT

Notice: VAC employees at the Moncton Transition Centre will be temporarily unavailable in-person until 5 February 2024.

We continue to provide service by phone at 1-866-522-2122 (toll-free), or by secure messaging on My VAC Account.

Potential disruption in onsite services at certain locations

Some employees represented by the Public Service Alliance of Canada at the Canadian Forces Morale and Welfare Services’ (CFMWS) Non-Public Funds are in a legal strike position as of 15 January 2024.


Dennis Manuge et al v. His Majesty The King

A settlement approval hearing was held on 18 December 2023 in the Dennis Manuge et al v. His Majesty The King (Court file no. T-119-19) class action. More details on the hearing

Notice: Sean Bruyea v. His Majesty the King

On 17 October 2022, the Federal Court issued its decision to certify the class action Sean Bruyea v. His Majesty The King (Court file no. T-1106-20). The Certification Notice and opt-out form can be found here. Find out more: srbclassaction.ca

Notice: Simon Logan v. His Majesty The King

On 24 April 2023, the Federal Court issued its decision to approve the settlement of the class action Simon Logan v. His Majesty The King (Court file no. T-1358-18). The Notice of Settlement Approval can be found here. Find out more

Disability pension corrective payment

Page last updated on vac site on 24th of January 2024, no mention of this settlement under ‘alerts’, just the previous one.

Tried attaching image or link, no luck, unsure on process, followed the prompts, but nothing came of my effort, any suggestions would be helpful, was trying to post image of alerts page on vac site, last updated Jan 24th 2024.

Further,
Over the last 21 years we have had yearly cost of living adjustments, understood as an a percentage (i do not, and have not looked up the percentages over the last 21 years)

So the settlement is based on miscalculated adjustments over this period of time.

The amount for catchup is as per the class action settlement, and is not based on the total amount for the entire time period adjusted by cost of living for each year to present, that is understood,

but, there is my question, the missed amounts that would have had an effect on the current cost of living adjustment going forward.

What percentage has been dismissed or unchanged going forward?

Still not sure if explaining very well.

Not sure if asking or explaining my question correctly,

In 2002, receiving PA benefit of $1.00 per month paid monthly to present, will be settled as $1.00 x 12 months a year x 21 years

$1.00 x 12= $12 x 21= $252 x settlement amount (thought was 2% but unsure reading document, using 2%) $252 x 0.02 = $5.04 minus legal disbursements

That example amount was miscalculated over the entire period. What correction going forward is applied to the PA ? Is it also the 2% (example used as above)

Not sure if asked previously, this amount that is supposed to be a catch up,
How does it change the here and now Pension Act payments going forward?

If this is the easiest possible solution on the settlement amount for 2002 to present on calculations, does this not change the current figures going forward?

Through the process of document disclosure and negotiations, Class Counsel became
aware that the alleged calculation errors did not affect some benefits:
 Disability awards under the Veterans Well-being Act, SC 2005,
c 21 (retroactive payments exceeded the value of the alleged
underpayments);
 Escort and treatment allowances under the Veterans Well-being
Regulations, SOR/2006-50 and the Veterans Health Care
Regulations, SOR/90-594 (underpayments were not on a classwide basis); and/or
 Education allowances under the Children of Deceased
Veterans Education Assistance Act, RSC 1985, c C-28
(historical overpayments were several times greater than the
alleged underpayment amounts).
[32] Class Counsel also discovered that compassionate awards, previously listed as a separate
Affected Benefit in the Certification Order, were paid as disability pensions under the Pension
Act and had already been included as Affected Benefits.
[33] Class Counsel explain that recipients of the above noted excluded benefits were not
disadvantaged at all by the calculation errors addressed in the FSA.

I was only able to get a screenshot, so I don't have a copy yet (once it is posted).

Manuge v HMK T-119-19 (Veterans Pension Error) was approved yesterday. If someone finds a copy, pls post it and or I will do the same. Not sure if any changes were made?

Kramer wrote:

sgtppcli95 wrote:Only people who are covered under the pension act are untitled for the 2%, the veteran charter miscalculation was paid in 2017 I think. I can see how this can be confusing especially if you joined after 2006, that’s when they changed from the pension act to the New Veteran Charter, (lump sum payment) then they brought in the Pension for life.

If ......."Only people who are covered under the pension act are entitled to the 2%," then why does it state on the FSA and (the link below) the "vetspensionerror.ca" site, that class members include those under the VWA (Veterans Well-being Act)?

I am aware that class counsel has been contacted (MDLO, Michel Drapeau) and others along with Judge Kane, WRT this.  The lawyers believe there is no contradiction/conflicting information!!! ?? Oddly enough.....the info on VAC's website does not indicate those members of the VWA and the way I read it causes confusion!!??

I have suggested before......anyone with questions to contact class counsel (that is what they are there for).  If you choose not to, that is your choice....but all these what-if questions/scenarios cannot be accurately answered until Judge Kane or the Court approves the FSA.

https://vetspensionerror.ca/

CLASS MEMBERS

On 23 December 2020, the Federal Court certified the action as a class proceeding. The class is defined as:

All members and former members of the Canadian Armed Forces and Royal Canadian Mounted Police, and their spouses, common law partners, dependants, survivors, orphans, and any other individuals, including eligible estates of all such persons, who received – at any time between 2002 and the present – disability pensions, disability awards, and other benefits from Veterans Affairs Canada that were affected by the annual adjustment of the basic pension under section 75 of the Pension Act including, but not limited to, the awards and benefits listed at Schedule “A” of the certification order:

   Pension Act: pension for disability; pension for death; attendance allowance; allowance for wear and tear of clothing or for specially made apparel; and exceptional incapacity allowance;
   Veterans Well-being Act: disability award; and clothing allowance;
   Veterans Well-being Regulations: remuneration of an escort;
   Veterans Health Care Regulations: remuneration of an escort; and treatment allowance;
   Veterans Review and Appeal Board Act: compassionate award
Civilian War-related Benefits Act: war pensions and allowances for salt water fishers, overseas headquarters staff, and air raid precautions workers; and injury for remedial treatment of various persons and voluntary aid detachment (World War II);
Children of Deceased Veterans Education Assistance Act: monthly allowance for education; and
Flying Accidents Compensation Regulations: flying accidents compensation

Hopefully we can get more information once this is completed by the judge.

https://laws-lois.justice.gc.ca/eng/acts/c-16.8/FullText.html

Pain and Suffering Compensation
Marginal note:Eligibility

45 (1) The Minister may, on application, pay pain and suffering compensation to a member or a veteran who establishes that they are suffering from a disability resulting from

(a) a service-related injury or disease; or

(b) a non-service-related injury or disease that was aggravated by service.

Marginal note:Compensable fraction

(2) Pain and suffering compensation may be paid under paragraph (1)(b) only in respect of that fraction of a disability, measured in fifths, that represents the extent to which the injury or disease was aggravated by service.

2005, c. 21, s. 452018, c. 12, s. 142
Previous Version
Marginal note:Consequential injury or disease

46 (1) For the purposes of subsection 45(1), an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

(a) a service-related injury or disease;

(b) a non-service-related injury or disease that was aggravated by service;

(c) an injury or a disease that is itself a consequence of an injury or a disease described in paragraph (a) or (b); or

(d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

https://www.mcinnescooper.com/services/sisip-ltd-allowances-class-action/

This website will give you updates and definitions of participating class members.

SORRY FOLKS BUT THIS IS THE WRONG LAWSUIT.
THANKS TO KRAMER FOR POINTING THIS OUT TO ME.

sgtppcli95 wrote:Only people who are covered under the pension act are untitled for the 2%, the veteran charter miscalculation was paid in 2017 I think. I can see how this can be confusing especially if you joined after 2006, that’s when they changed from the pension act to the New Veteran Charter, (lump sum payment) then they brought in the Pension for life.

If ......."Only people who are covered under the pension act are entitled to the 2%," then why does it state on the FSA and (the link below) the "vetspensionerror.ca" site, that class members include those under the VWA (Veterans Well-being Act)?

I am aware that class counsel has been contacted (MDLO, Michel Drapeau) and others along with Judge Kane, WRT this. The lawyers believe there is no contradiction/conflicting information!!! ?? Oddly enough.....the info on VAC's website does not indicate those members of the VWA and the way I read it causes confusion!!??

I have suggested before......anyone with questions to contact class counsel (that is what they are there for). If you choose not to, that is your choice....but all these what-if questions/scenarios cannot be accurately answered until Judge Kane or the Court approves the FSA.

https://vetspensionerror.ca/

CLASS MEMBERS

On 23 December 2020, the Federal Court certified the action as a class proceeding. The class is defined as:

All members and former members of the Canadian Armed Forces and Royal Canadian Mounted Police, and their spouses, common law partners, dependants, survivors, orphans, and any other individuals, including eligible estates of all such persons, who received – at any time between 2002 and the present – disability pensions, disability awards, and other benefits from Veterans Affairs Canada that were affected by the annual adjustment of the basic pension under section 75 of the Pension Act including, but not limited to, the awards and benefits listed at Schedule “A” of the certification order:

Pension Act: pension for disability; pension for death; attendance allowance; allowance for wear and tear of clothing or for specially made apparel; and exceptional incapacity allowance;
Veterans Well-being Act: disability award; and clothing allowance;
Veterans Well-being Regulations: remuneration of an escort;
Veterans Health Care Regulations: remuneration of an escort; and treatment allowance;
Veterans Review and Appeal Board Act: compassionate award
Civilian War-related Benefits Act: war pensions and allowances for salt water fishers, overseas headquarters staff, and air raid precautions workers; and injury for remedial treatment of various persons and voluntary aid detachment (World War II);
Children of Deceased Veterans Education Assistance Act: monthly allowance for education; and
Flying Accidents Compensation Regulations: flying accidents compensation

Only people who are covered under the pension act are untitled for the 2%, the veteran charter miscalculation was paid in 2017 I think. I can see how this can be confusing especially if you joined after 2006, that’s when they changed from the pension act to the New Veteran Charter, (lump sum payment) then they brought in the Pension for life.

I've had injury after injury eventually recognized and compensated for since 2005, - but once l hit 100% there was no more monthly or lump sum compensation,  
So how would something like this work?
I'm owed 2% of every monthly payment since 2005 then when l hit 100% injured on the chart ( whatever year that was?) ,let's say 2019, so then I'm owed 2% of the highest pain and suffering amount ?