Pension Miscalculation/Error Class Action
+15
puddleduk2
DonG
Shogun-VP
bog6
C130loadie
Supremedebater
ArmyGunner011
sports1977
BinRat
sgtppcli95
Teentitan
T
Unknown Soldier
AirLog
Kramer
19 posters
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Re: Pension Miscalculation/Error Class Action
puddleduk2 wrote:Going forward from December 18th, will VAC apply this 2% to the here and now monthly pension act amount without being prompted or included in this possible application process.
There are a number of links/reference regarding how the calculations are to be applied. If you scroll down you should be able to find them.
Not sure what your question means "the here and now"? Do you mean the PFL? The calculations are from 2002 to present, but the present does not include the PFL (from my understanding).
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Re: Pension Miscalculation/Error Class Action
Going forward from December 18th, will VAC apply this 2% to the here and now monthly pension act amount without being prompted or included in this possible application process.
puddleduk2- CSAT Member
- Number of posts : 346
Location : Ontario
Registration date : 2012-10-15
Re: Pension Miscalculation/Error Class Action
puddleduk2 wrote:Global news article dated 17 November 2023, short article, it mentions having to ‘apply for’ the recalculation amount.
Having read the brief from last month, still to be confirmed on the 18th of December, it doesn't mention anything having to apply for this, am i jumping ahead or poorly explained in the article, as VAC knows all those that this 2% and recalculation going forward pertains to.
Not sure how to say this...but I agree with you....it is messed up! Typically one doesn't "apply" but it is always good to submit one's name and register with counsel.
Something I have tried to bring to the attention of others like Drapeau, Judge Kane and D. Manuge, but none will listen. The VAC website does not indicate or show/mention missing members or those of the VWA as members, yet the FSA indicates this (PA and VWA) along with the website for the pension error (vetspensionerror). I have already had questions regarding this (besides my own) yet the so-called experts think they know everything (because they get thousands/millions to know lol) but there is conflicting information....but hey they know the veterans and how to word everything perfectly, eloquently for legal purposes yet forget the audience does not hear the same way they do!
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Re: Pension Miscalculation/Error Class Action
Global news article dated 17 November 2023, short article, it mentions having to ‘apply for’ the recalculation amount.
Having read the brief from last month, still to be confirmed on the 18th of December, it doesn't mention anything having to apply for this, am i jumping ahead or poorly explained in the article, as VAC knows all those that this 2% and recalculation going forward pertains to.
Having read the brief from last month, still to be confirmed on the 18th of December, it doesn't mention anything having to apply for this, am i jumping ahead or poorly explained in the article, as VAC knows all those that this 2% and recalculation going forward pertains to.
puddleduk2- CSAT Member
- Number of posts : 346
Location : Ontario
Registration date : 2012-10-15
Re: Pension Miscalculation/Error Class Action
puddleduk2 wrote: Did not include that my vac taxable benefits did not start until around 2012
This would have been earlier, 2009, but my own case manager(s) continued telling me that the taxable benefits i was inquiring on/for did not apply (deny) to me, or wouldn’t reply (delay) to those inquiries
It took moving to another province, new case officer doing the same thing, having the vac office shut down (government saving money somehow, then reopening the same office), and having a decent administrator on the 1-800 vac line respond and help
VAC will use (should use) your monthly benefits that fall within this class from which ever year they started ....use this total/amount and apply 2%. They are waiting to hear back from CRA if this 2% will be tax free or not. It has been requested that it be tax free.
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Re: Pension Miscalculation/Error Class Action
puddleduk2 wrote:Is the class action on the non taxable amounts or both?
As having received both over the time period of 2001 to present
Both.....but the affected years start 2002 to present.
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Re: Pension Miscalculation/Error Class Action
Did not include that my vac taxable benefits did not start until around 2012
This would have been earlier, 2009, but my own case manager(s) continued telling me that the taxable benefits i was inquiring on/for did not apply (deny) to me, or wouldn’t reply (delay) to those inquiries
It took moving to another province, new case officer doing the same thing, having the vac office shut down (government saving money somehow, then reopening the same office), and having a decent administrator on the 1-800 vac line respond and help
This would have been earlier, 2009, but my own case manager(s) continued telling me that the taxable benefits i was inquiring on/for did not apply (deny) to me, or wouldn’t reply (delay) to those inquiries
It took moving to another province, new case officer doing the same thing, having the vac office shut down (government saving money somehow, then reopening the same office), and having a decent administrator on the 1-800 vac line respond and help
puddleduk2- CSAT Member
- Number of posts : 346
Location : Ontario
Registration date : 2012-10-15
Re: Pension Miscalculation/Error Class Action
Is the class action on the non taxable amounts or both?
As having received both over the time period of 2001 to present
As having received both over the time period of 2001 to present
puddleduk2- CSAT Member
- Number of posts : 346
Location : Ontario
Registration date : 2012-10-15
Re: Pension Miscalculation/Error Class Action
sgtppcli95
Here is the original and it provides more info (some of which you were asking about).
https://vetspensionerror.ca/wp-content/uploads/2021/02/TOR_LAW-10102965-v1-Toth_Brousse_re__HMQ_-_Consolidated_Statement_of_Claim_Filed_October_30__2019.pdf
Here is an excerpt from the Nov 2023 FSA regarding non-taxable benefits
"TAXATION AND SOCIAL BENEFITS
62. The Defendant confirms that the Affected Benefits are non-taxable. The Defendant shall
assist in seeking confirmation from Canada Revenue Agency that none of the Settlement
Payments will be treated as taxable income.
63. If Canada Revenue Agency confirms that none of the Settlement Payments will be treated
as taxable income, neither the Defendant nor the Administrator shall withhold any amounts
on account of tax, or file with the Canada Revenue Agency information reporting
Settlement Payments made under this Agreement."
Here is the original and it provides more info (some of which you were asking about).
https://vetspensionerror.ca/wp-content/uploads/2021/02/TOR_LAW-10102965-v1-Toth_Brousse_re__HMQ_-_Consolidated_Statement_of_Claim_Filed_October_30__2019.pdf
Here is an excerpt from the Nov 2023 FSA regarding non-taxable benefits
"TAXATION AND SOCIAL BENEFITS
62. The Defendant confirms that the Affected Benefits are non-taxable. The Defendant shall
assist in seeking confirmation from Canada Revenue Agency that none of the Settlement
Payments will be treated as taxable income.
63. If Canada Revenue Agency confirms that none of the Settlement Payments will be treated
as taxable income, neither the Defendant nor the Administrator shall withhold any amounts
on account of tax, or file with the Canada Revenue Agency information reporting
Settlement Payments made under this Agreement."
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Re: Pension Miscalculation/Error Class Action
sgtppcli95 wrote:For ex
1. Started receiving a pension in 2002 for injuries
2. 2006 charter changes, injuries from Afghanistan, old rate from 2002 doubles, apply fir disability awards under new veteran charter.
3. Change to pension for life.
All these benefits are tax free, so are they going to take all amounts that have been paid tax free from 2003 to present and pay 2% of that total payment?
Another valid question.....I do not know.....so anyone out there with info, feel free to chime-in.
What I am aware, is that there was more than one error in the way VAC did their calculations....they did not make the proper adjustments not only with tax but with COLA as well and this will affect benefits that are tax free. The calculations would be too complex and everyone's financial errors will be different, not to mention a huge class of approx 330,000 members which is why (I am assuming) they have decided to make a 2% adjustment across the board.
From my limited understanding, VAC will use the total of all benefits, from the date each benefit started and apply the 2%. Time will tell. The next date to be mindful of is Dec 18, 2023.
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Re: Pension Miscalculation/Error Class Action
For ex
1. Started receiving a pension in 2002 for injuries
2. 2006 charter changes, injuries from Afghanistan, old rate from 2002 doubles, apply fir disability awards under new veteran charter.
3. Change to pension for life.
All these benefits are tax free, so are they going to take all amounts that have been paid tax free from 2003 to present and pay 2% of that total payment?
1. Started receiving a pension in 2002 for injuries
2. 2006 charter changes, injuries from Afghanistan, old rate from 2002 doubles, apply fir disability awards under new veteran charter.
3. Change to pension for life.
All these benefits are tax free, so are they going to take all amounts that have been paid tax free from 2003 to present and pay 2% of that total payment?
sgtppcli95- CSAT Member
- Number of posts : 24
Age : 47
Location : Nf
Registration date : 2023-01-16
Re: Pension Miscalculation/Error Class Action
sgtppcli95 wrote:Does this also include lump sum payments from 2006 to present? I remember getting a top up a while back on lump sum payments. For ex if you received the max payment of $380k will the 2% be paid? Or is it just for the pension act of 1919? Thanks in advance.
Good question! Some of the class counsel believe there is no conflicting information. I understand it .....there is. Unfortunately the info that is on the VAC website is not inline with other sources. I have read various sources of reference and there is some confusion if those part of the VWA (Veterans Well-being Act) are included or just the PA? The VAC website shows/indicates (the way I read it) those who fall under the VWA are not included, but if you go to ...say "vetspensionerror," it indicates otherwise. I have brought this to the attention of class counsel MDLO but the position there is, there is no conflicting information?
If anyone else finds a discrepancy or does not understand if you are a member of this class action or not......please leave a post/reply...thanks
CASE NAME:
Manuge v His Majesty the King
COURT
Federal Court, Action No.: T-119-19
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Re: Pension Miscalculation/Error Class Action
Does this also include lump sum payments from 2006 to present? I remember getting a top up a while back on lump sum payments. For ex if you received the max payment of $380k will the 2% be paid? Or is it just for the pension act of 1919? Thanks in advance.
sgtppcli95- CSAT Member
- Number of posts : 24
Age : 47
Location : Nf
Registration date : 2023-01-16
The lateest FSA
Here is the link to the Final Settlement Agreement on the Pension Error Class Action
https://vetspensionerror.ca/court-documents/
https://vetspensionerror.ca/court-documents/
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
Pension Miscalculation Update
FYI
https://vetspensionerror.ca/
https://vetspensionerror.ca/wp-content/uploads/2022/05/T-119-19-Direction-May-2-2022.pdf
"Dear Counsel:RE:DENNIS MANUGE ET AL v. HER MAJESTY THE QUEENCourt File No.: T-119-19Thisis to advise of the following direction of Her Honour Case Management JudgeKanedatedMay 2nd,2022:“Further to the Case Management Conference [CMC} held on May 2, 2022, for the purpose of establishing a timetable for the nextsteps leading to the determination of the Plaintiffs’ proposed Motion for Summary Judgment or Summary Trial [the Motion],the following timetable has been agreed to:The Plaintiffs will file their Notice of Motion and Motion Record by June 30, 2022;The Defendant will file its Record, including its Memorandum of Fact and Law by October 15, 2022;The cross-examinations, if any, by both parties will be completed by November 30, 2022; The Plaintiffs will file their rebuttalevidence, if any, as provided for by Rule 216(2) with respect to summary trials, no later than December 7, 2022; The Plaintiffs’ Motion for Summary Judgment or Summary Trial will be heard on January 9, 10, 11 and 12 in Ottawa.The Court will advise in due course whether the hearing will be in person or by ZOOM video.The parties may request a CMC at any time to advise the Court of new information, including information that may permit an earlier hearing date.”Yours trulyBrigitte CyrBrigitte
https://vetspensionerror.ca/
https://vetspensionerror.ca/wp-content/uploads/2022/05/T-119-19-Direction-May-2-2022.pdf
"Dear Counsel:RE:DENNIS MANUGE ET AL v. HER MAJESTY THE QUEENCourt File No.: T-119-19Thisis to advise of the following direction of Her Honour Case Management JudgeKanedatedMay 2nd,2022:“Further to the Case Management Conference [CMC} held on May 2, 2022, for the purpose of establishing a timetable for the nextsteps leading to the determination of the Plaintiffs’ proposed Motion for Summary Judgment or Summary Trial [the Motion],the following timetable has been agreed to:The Plaintiffs will file their Notice of Motion and Motion Record by June 30, 2022;The Defendant will file its Record, including its Memorandum of Fact and Law by October 15, 2022;The cross-examinations, if any, by both parties will be completed by November 30, 2022; The Plaintiffs will file their rebuttalevidence, if any, as provided for by Rule 216(2) with respect to summary trials, no later than December 7, 2022; The Plaintiffs’ Motion for Summary Judgment or Summary Trial will be heard on January 9, 10, 11 and 12 in Ottawa.The Court will advise in due course whether the hearing will be in person or by ZOOM video.The parties may request a CMC at any time to advise the Court of new information, including information that may permit an earlier hearing date.”Yours trulyBrigitte CyrBrigitte
Kramer- CSAT Member
- Number of posts : 694
Location : Where I live
Registration date : 2015-03-19
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