ELB Class Action Law Suit Settlement Reached

No, because you still received the actual PA pension. they will just repay the amounts that were deducted from the ELB, because of getting the pension.

So here's my Question..

Are we getting back our PA which was deducted, and as well now the Under payment returned to us..?

huh What's he talking about Willis.. heh heh

Okay here's what I mean if you aren't catching what I mean..

if back say 2006 you were on ELB @ $3000 a month, but had $500 PA, That $500 was deducted and now you got
$2500 then - taxes..

So with this Lawsuit we are getting back our PA which was deducted, But what about now the Under payment on the ELB

Under payment, Ya cause now instead of the $2500 - taxes, our claim should be Upped again to the original Amount of
$3000 so they should be calculating $500 - taxes X's Months and the remainder should be paid in Lump sum back to us.

They were fast enough to scoop back the Money when it was an over payment, does this Settlement include that repayment
or no just the Lost PA amount?

I sent MDLO the same question to see what they say about it

No, becuase if you were entitled to ELB before 2012, you are automatically part ot the class. It won't be until they go in to calculate what your actual benefit should have been without the PA pension deduction, before they see that you were already paid full benefits by SISIP for those dates, so they will not have to pay out anything. If you had only received the 2 years worth of SISIP backpay, instead of being fully reinstated, then you would have received a second settlement, to cover those missing years.

still confusing as to why they would add anyone from the Manuge era if they had been been upped already, is that just to add numbers so it looks better on paper Rex?

To 861Cook. were you also getting a Pension Act disability pension? It only applies to those who'se ELB payments were reduced because of PA pension or WVA benefits from before 2006.

To Jumping Fool, it sounds like you were fully reinstated on SISIP, after the Manuge lawsuit. If so, since SISIP is the first payer, the retroactive settlement would have paid up to the 75% pre-release amount, and basically cancels out any benefit owing from ELB.

Bruce72 wrote:

Nemo wrote:

861Cook wrote:How does one know if they are part of the class action? I don't remember signing on?

In a class action you are automatically included if you meet what the class action is about. You have to opt out not to be included.

Did you receive ELB, CFIS or War Veterans Allowwance between 2006 and 2012?

Yes i started ELB in 2010

if you got this then your in

Just a question to all the powers that be on CSAt (God Bless Ya), upon release in 2003 I worked me arse off to obtain all the benefits me could> Upon a getting a pension of over 75% (that me time served, PFSA and VAC) I received a letter stating I was entitled to ELB but because I made too much I got tossed a lump o coal. So along comes the SISIP Class Action and KABOOM me gets a hefty chunk of coin and BOOM I gets LTD and applies for me CPP and the DTC and Boom gets more coin, here is the kicker I toss all that coin back to me SISIP over 23,000 K and another 4500 to the CFSA people, (who still to this day are doing a jig on me coin)
Sooooooooooooooooooooo, question???????? was any of that money paid back to these two losers a portion of the ELB interest? How will I ever know whom got me money? Cheers troops keep me informed will ya, nice chatting and way to GO CLASS ACTION, which I had no idea I was apart of untill me brudder toll me so.

Yes, I know, and you still got to keep that tax free amount, because taxes were only calculated on the reduced ELB amount

lets look at it this way

Veteran #1 gets ELB, and a LSA

ELB $5000 - taxes (20%) = $4000 ELB payment

Veteran #2 gets ELB + $2000 PA pension.

ELB $5000 - $2000 = $3000.

$3000 - 20% taxes = $2400 ELB payment + $2000 PA pension

So out of their $2000, they were only benefiting from $400 of it, compared to a Veteran who had access to 100% of their ELB and a disability award.

Artie Simm wrote:

bigrex wrote:It will be taxed, because it's reimbursing money that was deducted from a taxable benefits. But it's not being reduced in any fashion, other than taxes.  So if you were on ELB, before the clawback ceased, they will pay you the amount of what you PA pension was at the time it was clawed back. So if your PA pension was $2000/mo, and you were on ELB for a year, before June 2012, ,you would get a settlement of $24000 before taxes.

how do you find out if you belong in the suit, and if you do, how do you enter it at this point?

But the money deducted was tax free...........

Here is QUESTIONS AND ANSWERS REGARDING THE PROPOSED SETTLEMENT

1. What is this class action about?
The Class Action was commenced in 2014 and is about three benefits available to Canadian Forces (CF) and war veterans: (a) the War Veterans Allowance (WVA); (b) the Canadian Forces Income Support benefit (CFIS); and (c) the Earnings Loss Benefit (ELB).

Before 2012, these benefits could be reduced by any disability pension benefits received by a veteran under the Pension Act. The greater the disability pension received by a veteran, the greater the deduction from his or her entitlement to the other benefits.

The class action alleges that deduction of disability benefits from ELB, CFIS, and WVA violated s. 15 of the Canadian Charter of Rights and Freedoms, which prohibits discrimination based on disability. The class action seeks damages and compensation for all class members who were subject to the deduction.

The Class is represented in the case by Gowling WLG and Michel Drapeau Law Office (“Class Counsel”).

2. What is the Nature of the Proposed Settlement?
Under the proposed settlement, Canada has agreed to pay $100 million to resolve the class action. The settlement will cover all claims for damages, compensation, legal fees, costs, and disbursements. $70 million of the total amount will be allocated to CF members who received a VAC disability pension under the Pension Act between April 2006 and May 2012 and who were also entitled to ELB and CFIS. The remaining $30 million will be allocated to war veterans who received a VAC disability pension under the Pension Act between April 2006 and May 2012 who were entitled to WVA.

3. Am I a member of the class?
Class members are CF or war veterans whose WVA, ELB, or CFIS benefits before 2012 were reduced or eliminated based on deduction of Pension Act disability payments. Most Class Members have been identified by Veterans Affairs Canada (VAC) and were sent a Notice in the mail in August 2016. If you did not receive a Notice but believe that you are part of the class, please contact VAC through your Case Manager or Class Counsel.

Some veterans received Notices from VAC in error in August 2016 based on an over-inclusive notice program. If you received a Notice but did not receive, or qualify for, ELB, CFIS, or WVA between 2006 and 2012, and were therefore not subject to any deduction of Pension Act benefits during that period, you are not a Class Member and cannot benefit from settlement of the Class Action.

4. Do I have to “join” the class action or make a claim under the Settlement Agreement for compensation?
No. All members of the Class have been identified by Veterans Affairs Canada and sent a Notice in the mail in August 2016. If you have not received a Notice but believe you are part of this class, please contact VAC through your Case Manager, or Class Counsel.

5. If I opted out, can I opt back in?

Yes. If you previously opted out, you may opt back in by submitting an “Opt-In Form” to class counsel on or before November 30, 2018. The form may be downloaded here: http://www.mdlo.ca/

6. How much money will I receive?
WVA Class members will receive a lump sum currently estimated to be between $2,000 and $2,500.

ELB and CFIS class members will receive payments proportional to their degree of disability, assessed under the Pension Act, as of the date of settlement approval. The payments are expected to range from $2,000 to $50,000.

These payment estimates could change based on further investigation of financial information and total class entitlement.

7. How and when will I receive payment?

In December 2018, the Federal Court will be asked to approve the terms of the proposed settlement. Once approved, payments from VAC are expected to be sent via cheque within six (6) months.

8. What happens if a Class Member dies?

If a Class Member has died since the first Notice was published on August 5th, 2016, the estate of the deceased Class Member may be eligible for the payment under the proposed settlement. Class Members who died before August 5th 2016 will not be eligible for payment under the proposed settlement.

9. .What do I do if I disagree with the settlement amount?

If you disagree with any part of the Notice of Settlement, including the settlement amount(s) payable, you have the right to present your objection to Class Counsel by November 30, 2018 or appear before the Federal Court on December 10, 2018.

If you wish to appear for the settlement hearing, you can either attend in person in Ottawa at the Federal Court of Canada located at 90 Sparks Street, Ottawa, Ontario or at Federal Court locations in other Canadian cities that will be linked in to the hearing in Ottawa through live video teleconference. If you wish to personally attend, we would ask that you contact Class Counsel, at the address below, by no later than Friday, 23 November 2018, so that arrangements can be made to ensure that appropriate space and video-teleconference capacity are available in the Federal Court location closest to you.

10. What are the next steps in litigation?
In December 2018 the parties will appear before a judge of the Federal Court at the settlement approval hearing. If the proposed settlement is approved, cheques will be mailed to Class Members within 6 months at their last known address on record with VAC

Unless you know that you were having either a PA pension, or WVA, deducted from the ELB, I thinks pretty much a situation where you just have to wait. If you are part of the class, you are part of the class, unless you opted out. But even those Veterans are being allowed to opt back in.

See, my problem, is it says ELB is supposedly paid out to the date the rehab program was approved, but according to the application dates on MyVAC account, it's all screwed up. I applied for everything on the same day, when my CM came for her first home visit. But it say the rehab program was applied for in early March, ELB was applied for in early May, and CIA/CIAS wasn't applied for until July. So I have no clue if I'm part of the class or not, and if I am, whether I would be owed one month or three, of payments.

bigrex wrote:It will be taxed, because it's reimbursing money that was deducted from a taxable benefits. But it's not being reduced in any fashion, other than taxes.  So if you were on ELB, before the clawback ceased, they will pay you the amount of what you PA pension was at the time it was clawed back. So if your PA pension was $2000/mo, and you were on ELB for a year, before June 2012, ,you would get a settlement of $24000 before taxes.

how do you find out if you belong in the suit, and if you do, how do you enter it at this point?

It will be taxed, because it's reimbursing money that was deducted from a taxable benefits. But it's not being reduced in any fashion, other than taxes. So if you were on ELB, before the clawback ceased, they will pay you the amount of what you PA pension was at the time it was clawed back. So if your PA pension was $2000/mo, and you were on ELB for a year, before June 2012, ,you would get a settlement of $24000 before taxes.

so it looks like less then half, and is it taxed?