Is ther a Reservist 3B Medically Released in receipt of an Immediate annuity (Pension) who has not served 55 consecutive months?
Re: Is ther a Reservist 3B Medically Released in receipt of an Immediate annuity (Pension) who has not served 55 consecutive months?
I am just starting down this road myself. I wonder if you have received any more answers?
I am drafting a grievance regarding qualifying for the Part 1 pension plan vice Part 1.1. After a total of 20 years and 9 months PRes service, with over 17years on Cl B and C contracts, I do not have 55/60 consecutive months service within the qualifying period. I have a break in service due to injury, and then of course after that was no longer eligible for fulltime contracts due to that injury. I was released 3B for same injury in March 2011.
Just looking at the Reserve Part 1.1 pension plan, states that you are entitled to an unreduced pension of you are released due to disability, which I was, OR if you are in receipt of CPP disability benefits. In practice though, they are using CPP disability benefits as a threshold regardless of if you were released due to disability. Their argument is you can be medically released without being disabled, and the only proof of disability they accept is if you are in receipt of CPP disability benefits. So in essence it doesn't matter if you are medically released, they do not accept that as proof of disability. They said the only way around that was to grieve it. And that will be the basis of my second grievance, though if I accomplish anything with the first I suppose the second point will be voided, for myself personally. And I can't grieve something on the principle, for the sake of others, so I guess I will proceed with first and see if that accomplishes anything. (I actually am now in receipt of CPP disability benefits, but my argument is that I was disabled at the time I was released, not just from the point the CPP disability benefits began).
Which brings me back to, did your grievance over qualifying for Part 1 pension as an injured, medically released reservist accomplish anything for you?
I am drafting a grievance regarding qualifying for the Part 1 pension plan vice Part 1.1. After a total of 20 years and 9 months PRes service, with over 17years on Cl B and C contracts, I do not have 55/60 consecutive months service within the qualifying period. I have a break in service due to injury, and then of course after that was no longer eligible for fulltime contracts due to that injury. I was released 3B for same injury in March 2011.
Just looking at the Reserve Part 1.1 pension plan, states that you are entitled to an unreduced pension of you are released due to disability, which I was, OR if you are in receipt of CPP disability benefits. In practice though, they are using CPP disability benefits as a threshold regardless of if you were released due to disability. Their argument is you can be medically released without being disabled, and the only proof of disability they accept is if you are in receipt of CPP disability benefits. So in essence it doesn't matter if you are medically released, they do not accept that as proof of disability. They said the only way around that was to grieve it. And that will be the basis of my second grievance, though if I accomplish anything with the first I suppose the second point will be voided, for myself personally. And I can't grieve something on the principle, for the sake of others, so I guess I will proceed with first and see if that accomplishes anything. (I actually am now in receipt of CPP disability benefits, but my argument is that I was disabled at the time I was released, not just from the point the CPP disability benefits began).
Which brings me back to, did your grievance over qualifying for Part 1 pension as an injured, medically released reservist accomplish anything for you?
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Is ther a Reservist 3B Medically Released in receipt of an Immediate annuity (Pension) who has not served 55 consecutive months?
I'm being released after serving 19.5 years of mostly part time class A Service. I have bought back over 16,000.00 dollars worth of Reserve Force Pension in the form of my election. Im to be medically 3b Released but I havn't served the required 55 out of 60 months to receive an immediate annuity (Pension) upon my release. Instead I'm told that I will have to wait till I'm either 50 or age 60.
I'm also informed through Grievance, that this is a GIC(Gov't in Council) issue and have to talk to my Member of Parlment. Does anybody know how to fight a Pension Act Participant Part 1.1 while still serving. Should I not be able to draw an immediate pension if I have sufferd a Service Related injury that ends up 3B Medically Releasing me as I now Breach Universality?
I'm also informed through Grievance, that this is a GIC(Gov't in Council) issue and have to talk to my Member of Parlment. Does anybody know how to fight a Pension Act Participant Part 1.1 while still serving. Should I not be able to draw an immediate pension if I have sufferd a Service Related injury that ends up 3B Medically Releasing me as I now Breach Universality?
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