Does ELB get clawed back when your CFSA pension gets indexed?

robleggett wrote:Trooper, thanks, so as I read it, the indexing of ones pension should not affect the amount one gets from ELB....right????

That's my understanding, you take a veteran who has been released medically before his or her time is met to receive their CF pension, but had 10 or more years of service time, they would be entitled to an Indexed CF Monthly pension. I never heard of anyone being offset from their ELB for this situation, as it is suppose to be 90% of your CF salary at the time of release.

However, as my above post stated, there's been an update to the policy, (2016), change from 75% to 90%, remove the 2% cap and wording of indexed monthly military salary. I'm not sure why they are stating, indexed monthly military salary) when it was always taken from your released date salary. So to be on the safe side, I would contact VAC and give them this reference: This policy has been updated to reflect changes to the Canadian Forces Members and Veterans Re-establishment and Compensation Act and Canadian Forces Members and Veterans Re-establishment and Compensation Regulations that came into effect on October 1, 2016 (i.e. increase to the greater of 90% of the indexed monthly military salary or the military salary of the senior private in the standard pay group; removal of indexation cap of 2%). EL benefits payable for months prior to that date should be processed in accordance with the previous policy dated October 1, 2012.[/b] http://www.veterans.gc.ca/eng/about-us/policy/document/1098 and ask them to explain this part of the para, ( indexed monthly military salary.) Just to be on the safe side.

Trooper, thanks, so as I read it, the indexing of ones pension should not affect the amount one gets from ELB....right????

Earnings Loss Benefit - Calculation

Issuing Authority: Director General, Policy
Effective Date: October 1, 2016

Calculation: http://www.veterans.gc.ca/eng/about-us/policy/document/1098#anchor58043

Policy

General

4. This policy has been updated to reflect changes to the Canadian Forces Members and Veterans Re-establishment and Compensation Act and Canadian Forces Members and Veterans Re-establishment and Compensation Regulations that came into effect on October 1, 2016 (i.e. increase to the greater of 90% of the indexed monthly military salary or the military salary of the senior private in the standard pay group; removal of indexation cap of 2%). EL benefits payable for months prior to that date should be processed in accordance with the previous policy dated October 1, 2012.

http://www.veterans.gc.ca/eng/about-us/policy/document/1098

To make a very long story short, put the money aside and wait. Also if you haven't yet, apply for CPPD. It does work out in the long run just have to be patient.

prawnstar wrote:OK thanks. I think I will write them so I have a record.When I talk to them I get all confused with all their acronyms and mumbo jumbo. I think maybe it's because of a large % of indexation they thought that was too much but if it had been 1% they would not have jumped the gun. Thanks for the help "Bropat"

prawn, so how did you do with this problem?? I'm due to get indexed this month and I'm also getting ELB, be nice know if I can keep the money or have to put it away, until they come a knocking

no prawn if you were on ELB prior to your indexing THEY CANNOT DEDUCT THE INDEXING . that is right in their own legislation as I have shown you. GET THE OVO ON THIS ASAP. send him everything I have shown you he will sort this out .

get on it buds

propat

Don't stop at your fight for CPPD if rejected, don't know if it's your first try or not,
I read and article stating the difficulty now days in being accepted for CPPD,
but frustrating as it may be, one must keep trying.
If rejected, bring the rejection letter to your doctor,
explain to your doctor why you should be excepted for it,
again frustrating, but you are left with no other choice but to appeal,
which I believe there is a time line, for which you can appeal,
and your doctor should play a roll in the appeal.

Let's hope you do get excepted, as I am sure you have other issues to deal with.

Good luck !

Well I finally got a letter today telling me they had correctly screwed me out of over 400 bucks a month. They stated "according to legislation a client is entitled to receive a maximum monthly ELB which is equal to 75% of the greater of the veteran's monthly military salary or the monthly military salary for a basic corporal in the standard pay group. This maximum monthly ELB will be offset by the sum of other monthly income amounts from prescribed sources including benefits payable under the CFSA". I guess it doesn't matter that my pension was indexed after 18 years it is considered income. The way they write, it sounds like it's cut and dry and there is nothing I can do. Still no word on my app for CPPD.

ya its the GOC,s justice laws website now you can look at the department of justice website as well its harder to navigate but it has a lot more options.

ill leave the link to the justice laws as the laws are the same make sure you read all the pertinent regulations , schedules and such to get the clearest understanding.

http://laws-lois.justice.gc.ca/eng/acts/C-16.8/

hope this helps

propat

I called the hotline and they said they would get someone to phone me back re: the clawback. No call yet from last Thursday but I have been looking at elaws and seems to be different wordings. Can you send me the link to where you found the above info. Thanks

keep in mind this is not a common practice but when I had an issue in the past and told her she by law had to send me the applications I was requesting she asked me to email her the laws that state that and provided me her email address.

you situation doesn't seem a whole lot different so this may be the best route.

propat

yes you can you will need to get the appropriate address from your CM as this should be your first contact.

propat

propat wrote:lol no problem I would call and email , a letter is fine as well .

propat

We can email VAC? Do you have an address.

Not sure where to talk about this but did you see the CDS and his dog and pony show on the National last night. The main story about the suicide in Calgary. Why do they keep calling ptsd a mental illness. We are not sick we have a brain injury. No wonder people are afraid to open up cause they are "mentally ill". What will it take for these knobs to start using a more appropriate term like OSI or just a brain injury. No they make us look like we are retards. I wish sometimes I was missing a leg so people would say no wonder he's f'd up he was wounded or injured in the war. No I am mentally ill. It's a dirty word in my opinion. If you want to move this to another thread go ahead. Just my rant for this morning.

lol no problem I would call and email , a letter is fine as well .

propat