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.

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.

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.

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

Is the class action on the non taxable amounts or both?

As having received both over the time period of 2001 to present

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."

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.

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?

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

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.

Here is the link to the Final Settlement Agreement on the Pension Error Class Action

https://vetspensionerror.ca/court-documents/

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

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