ELB Class Action Law Suit

supreme I couldn't agree more nothing in the act itself as far as I can see needs to be changed just the regulations and policy. it is us and us alone that need to apply the pressure we seem to have been able to take care of ourselves so far I think we can do the rest as well.

propat

The population do not care. And until Veterans unite....nothing's going to happen.

So what do you think the way is in order to make sure that the act is changed ? What can we do ?
Harper will fall out of trone one of these days, do we have to wait till this is done...
Dont think so, i said it before, we need to inform the population about how bad Harper really is about taking care of the people, he sure loves big oïl, banks and all of the corrupted ones, he loves money and power, the problem is that it's our money and the power, well we gave it to him why not take it back...

Regulations were made so the act itself isn't changed constantly. Which an act requires more readings and approval. Regulations do not require a 1/4 of the work an act does. ELB will be done and approved, but not anytime soon.

again its just the regulations not the act itself witch can be changed quite easily as they would need to in order to change policy. they changed them both in to weeks this past September and if they were going to pay retro they would have made the changes then.these were the acts of people who are still wondering whether they want to pay retro ore do not want to pay retro. I will not buy the GOC song and dance that they need to go through a bunch of bs in consultation with the house the senate the PM the housekeepers union the teamsters O.J. simpsons legal team and god before they make any changes. two weeks to make the last ones they just made the wrong ones. they would have made the right ones if they really wanted to.

propat

hy Bigrex here is the part  that you do not want to see or hear about:

Canadian Forces Members and Veterans Re-establishment and Compensation Regulations
This version of section 22 is in force from 2006-03-23 to 2012-09-30.
 Next Versionof section
22. The following sources are prescribed for the purpose of the amount of variable B in subsection 19(1) of the Act:

(a) disability pension benefits payable under the Pension Act;

(b) benefits payable under the Canadian Forces Superannuation Act, the Public Service Superannuation Act or the Employment Insurance Act;

when there is a link on a web page you should click on it...

I don't think your going to see anyone giving up on this. Just like the sisip to much damage has been done to so many families. Veteran's do not forget that easy.

bigrex they simply have to change the policy its easier than changing regulations witch they done in 22 a without so much as batting an eye.

propat

VAC is mandated to follow the act and the regulations for the act. They cannot go against what is written in the regulations

I'm not being blind. Here is the current regulations concerning ELB.

22. The following sources are prescribed for the purpose of the amount of variable B in subsection 19(1) of the Act:

(a) [Repealed, SOR/2012-195, s. 1] This is where the PA was rerefenced

(b) benefits payable under the Canadian Forces Superannuation Act, the Public Service Superannuation Act or the Employment Insurance Act;

(c) benefits payable, other than amounts payable for a dependent child, under the Canada Pension Plan or the Quebec Pension Plan;

(d) benefits payable under any employer-sponsored long-term disability insurance plan;

(e) benefits payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation;

(f) amounts payable in respect of economic loss arising from legal liability to pay damages;

(g) amounts payable under an employer pension plan;

(h) employment earnings payable while the veteran is not participating in a rehabilitation plan or vocational assistance plan developed by the Minister or where the veteran is participating in such a plan and the sum of the earnings loss payable for a month plus the employment earnings for the month exceeds the veteran’s imputed income; and

(i) 50% of employment earnings payable while the veteran is participating in a rehabilitation plan or vocational assistance plan developed by the Minister so long as the sum of the earnings loss payable for a month plus the employment earnings for the month does not exceed the veteran’s imputed income.

SOR/2012-195, s. 1.

23. The following sources are prescribed for the purpose of subsection 23(3) of the Act:

(a) [Repealed, SOR/2012-195, s. 2]

(b) benefits payable under the Canadian Forces Superannuation Act or the Public Service Superannuation Act other than amounts payable for a dependent child;

(c) benefits payable under the Canada Pension Plan or the Quebec Pension Plan other than amounts payable for a dependent child;

(d) benefits payable under any employer-sponsored long-term disability insurance plan other than amounts payable for a dependent child;

(e) benefits payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation other than amounts payable for a dependent child;

(f) amounts payable in respect of economic loss arising from legal liability to pay damages; and

(g) amounts payable under an employer pension plan other than amounts payable for a dependent child.

not picking any sides you both have good points but ya see I have a few points that you really cant ignore.

ya see this was a policy changed without a legislative ore legally administrated start date but an arbitrary one the day sum zeroes started getting payed.

this was done with very little more with the stroke of a pen.

now if they really wanted to pay retro would they have not had written this as there policy change???????????????????????

Policy

Disability Pension Benefits - Change Effective april 1, 2006
1.Effective april 1, 2006 disability pension benefits payable under the Pension Act are no longer deducted from EL and Canadian Forces Income Support benefits.

you may not get an answer if you ask the question.

I guarantee you will never get an answer if you don't ask.

always question authority

propat

With Harper you never know! Look at the poor RCMP guys, they are the same as us but are getting the run around. Never trust Harper!

Thanks propat, i am not here to be negative, the thing is that if we want to fight the ELB clawbacks, we have to know and understans the GOC position to be able to fight them until we also get justice. As for you Bigrex, do not be so blind, what i am quoting here is answers I got in writing from high officials at VAC (answers on paper not oral). So instead of arguing and giving your two cents, work from where the GOC is standing so we can all unite and fight back. As long as we don't stand all togheter we will just stay victims...

Policy

Disability Pension Benefits - Change Effective October 1, 2012
1.Effective October 1, 2012 disability pension benefits payable under the Pension Act are no longer deducted from EL and Canadian Forces Income Support benefits. This change is effective on a go forward basis only.
2.Disability pension benefits payable under the Pension Act may still be a deduction for calculations that predate October 1, 2012.

propat

Well, I can understand your doubtfulness that this government, under the thumb of Harper, would proactively change something unless faced with court action. The only thing though, is they have already acknowledged that the deduction is wrong and illegal by ceasing the clawbacks and changing the regulations. And the only way that they could have avoid paying any retro is to change the regulations to state that PA benefits were a valid deduction prior to a May 01,2012. But they didn't do that. They removed all references to the PA, and they cannot use repealed sections whenever it suits them. Also, in the legislation itself, it does not list the deductions, so nothing has to be modified or repealed, that could be used as an excuse for not paying this money.