Pension Miscalculation/Error Class Action

T wrote:Can you help me with this?
Every time I’ve seen info on a class action it was too late to act.
My husband didn’t even apply for benefits because they would have been deducted.
Would he have qualified?
How do I prove that now that he is dead?

Sorry for your loss. I think the best avenue for you to take right now is with the law firm. Not VAC or the OVO...yet. Micheael Drapeau is a lawyer but he is a veteran so he would understand your situation and be most helpful for you. His phone number is 613-236-2657, Ext. 205. I'm 99% sure he will help you and instruct you on how to get any info needed using VAC or OVO.

Thank you for reaching out. I think it is safe to say you are not the only widow who may be in this situation. But you are a widow that reached out and hopefully this thread helps other widows, and widowers.

Please keep us informed on your progress and for the benefit of others in your situation.

Can you help me with this?
Every time I’ve seen info on a class action it was too late to act.
My husband didn’t even apply for benefits because they would have been deducted.
Would he have qualified?
How do I prove that now that he is dead?

https://twitter.com/VeteransENG_CA/status/1354802149331361795

FYI......VAC is providing the following:

"This is a final reminder of the Toth class action lawsuit settlement. For more information: http://ow.ly/BZv450DkKlN ."

Please keep in mind, this corrective payment they are referring to is from the original Class Action (not the recent one initiated by Dennis Manuge and a few other plaintiffs). Most veterans have received their corrective payments, but VAC is still trying to find/contact the remaining class members and estate representatives.

Riddick

Yes this is the one. It not that VAC covered it up it was that the rules was based on base salary. Finally it took this soldier to query it. This other one here I am confused then as I was reimbursed for this 20 months ago. (COL error wasn't applied properly)

Chaud wrote:I am quite sure this class action is about individual who were paid extra monies ie: combat pay,flying pay,sea pay,etc etc that this additional amount wasn't included in the initial calculation. They just used the base pay.The law suit will correct that. Comments?

I believe the class action that you might be referring to, is in the link below. This Class Action that was just certified, stemmed from a VAC error that they tried to cover up. VAC sent out (and is still attempting to reach families/estates) corrective payments minus interest. This lawsuit is taking VAC to court for interest and damages for covering it up.

https://www.cbc.ca/news/canada/nova-scotia/judge-rules-against-ottawa-in-class-action-over-disability-payments-1.5509815

Riddick

I am quite sure this class action is about individual who were paid extra monies ie: combat pay,flying pay,sea pay,etc etc that this additional amount wasn't included in the initial calculation. They just used the base pay.The law suit will correct that. Comments?

Unknown Soldier.....

I agree.......if/when the time comes for settlement, determining which vets gets what/how much, I suspect will be an accounting nightmare (they are having to expend a fair bit of time just trying to contact the estate of those deceased..... little own this new lawsuit on top of it). The resources it will take to complete this could be overwhelming. Considering VAC needed to hire additional staff just for the backlog alone?...Then there is the Logan/SISIP Class Action, the CAF-DND Sexual Misconduct Class Action, and this calculation error ......possibly one from Sean Bruyea (hasn't been certified yet)....and I could be missing some others?
Just....WOW

Riddick

Riddick wrote:

AirLog wrote:Thanks for the link Riddick. Not sure if this class action will have an affect on my benefits or not but, I shall follow it and see where it leads. I have been on VAC benefits since 2016 (lump sum, IRB, CGRB, VIP, APSC, HRT claims, etc). Nothing under the Pension Act.

Airlog

AirLog, the "class" in this case can be much more significant than the original because (unless I am mistaken) the original "accounting error" was from 2002 - 2010.  This class action is from 2002 till "present" (which I don't quite get, as I thought the accounting issue was corrected in 2010, it was just kept hush, hush?).  I suspect those who have been a VAC client longer, should receive more (closer to 2002).  Additionally, those who are hybrids (clients who are under the PA and NVC/Well-being Act etc) could possibly benefit more as well?  But it will all come down to what the court decides....whenever that may be.

JMO (Just My Opinion)

Riddick

though this will probably benefit many vets, l bet getting paid will be a nightmare as they try and figure out who is entitled to what. I.e. I have received benefits under all 3 VAC tiers since 2004 to present. Some were pension some were lump sum, some are different that just a monthly disability amount. Good luck tracking down what I’m owed if anything. I don’t know how the payout will happen, but l wonder if it will be more like, all the veterans in the suit were wronged, this is the amount left over by the time the lawyers get paid, so the remainder would be divided by 50,000 or however many vets are in this claim.

Here is the latest news article. Five class actions amalgamated into one.

https://www.cbc.ca/news/politics/veterans-class-action-1.5877892

Riddick, I agree with your observations. I also thought that the accounting error was put to rest. Not sure where the accounting errors are now but, if it means that our benefits will be corrected on the positive side then so be it. Too bad it takes a law suit to bring justice to veterans. Let's see where this leads. Thanks for posting this.

AirLog

AirLog wrote:Thanks for the link Riddick. Not sure if this class action will have an affect on my benefits or not but, I shall follow it and see where it leads. I have been on VAC benefits since 2016 (lump sum, IRB, CGRB, VIP, APSC, HRT claims, etc). Nothing under the Pension Act.

Airlog

AirLog, the "class" in this case can be much more significant than the original because (unless I am mistaken) the original "accounting error" was from 2002 - 2010. This class action is from 2002 till "present" (which I don't quite get, as I thought the accounting issue was corrected in 2010, it was just kept hush, hush?). I suspect those who have been a VAC client longer, should receive more (closer to 2002). Additionally, those who are hybrids (clients who are under the PA and NVC/Well-being Act etc) could possibly benefit more as well? But it will all come down to what the court decides....whenever that may be.

JMO (Just My Opinion)

Riddick

Thanks for the link Riddick. Not sure if this class action will have an affect on my benefits or not but, I shall follow it and see where it leads. I have been on VAC benefits since 2016 (lump sum, IRB, CGRB, VIP, APSC, HRT claims, etc). Nothing under the Pension Act.

Airlog

So many names for this suit.....so if anyone has any questions or is confused....totally understandable.

It has now been certified.

https://kmlaw.ca/wp-content/uploads/2021/01/T-119-19-Order.pdf

If this has been posted on this site and this is a duplicate.....pls advise.

Riddick