Canadian Forces Members and Veterans Re-establishment and Compensation Act (S.C. 2005, c. 21)

Act current to 2017-12-11 and last amended on 2017-04-01. Previous Versions

Marginal note:Eligibility — veteran in receipt of long-term disability benefit
  •  (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

    • (a) attained the age of 65 years after March 31, 2006 but before the prescribed date;

    • (b) on the day before the day on which they attained the age of 65 years was, as a result of being totally disabled, in receipt of long-term disability benefits under the Service Income Security Insurance Plan Long Term Disability; and

    • (c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

  • Marginal note:When benefit payable

    (2) The retirement income security benefit begins to be payable on the later of

    • (a) the day after the day on which the veteran attains the age of 65 years, and

    • (b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

  • Marginal note:Duration of benefit

    (3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

  • Marginal note:Amount of benefit

    (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

    (A + B) – C

    where

    A
    is 70% of the earnings loss benefit to which the veteran would have been entitled, had the veteran applied, for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that would have been payable to the veteran from prescribed sources referred to in subsection 19(1);
    B
    is 70% of the career impact allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and
    C
    is the total amount that is payable to the veteran for a month from prescribed sources.
  • Marginal note:Regulations

    (5) The Governor in Council may make regulations

    • (a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

    • (b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

  • 2015, c. 36, s. 210;
  • 2016, c. 7, s. 97.
Marginal note:Eligibility — survivor of eligible veteran
  •  (1) The Minister may, on application, pay a retirement income security benefit to a veteran’s survivor if the veteran was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit at the time of their death.

  • Marginal note:When benefit payable

    (2) The retirement income security benefit begins to be payable on the later of

    • (a) the first day of the month after the month in which the veteran died, and

    • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

  • Marginal note:Duration of benefit

    (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

  • Marginal note:Amount of benefit

    (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a survivor shall be determined in accordance with the formula

    A – B

    where

    A
    is 50% of the retirement income security benefit to which the veteran would be entitled, or would have been entitled had the veteran applied, for the month in which the veteran dies, not taking into account amounts that are payable to the veteran from prescribed sources referred to in the description of C in subsection 40.1(4) or in the description of C in subsection 40.2(4), as the case may be; and
    B
    is the total amount payable to the survivor in respect of the veteran for a month from prescribed sources.
  • Marginal note:Regulations

    (5) The Governor in Council may make regulations

    • (a) providing for the periodic adjustment of the value of A in subsection (4); and

    • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

  • 2015, c. 36, s. 210.
Marginal note:Eligibility — survivor no longer eligible for earnings loss benefit
  •  (1) The Minister may, on application, pay a retirement income security benefit to a member’s or a veteran’s survivor who is no longer eligible to receive an earnings loss benefit under subsection 22(3).

  • Marginal note:When benefit payable

    (2) The retirement income security benefit begins to be payable on the later of

    • (a) the day after the day on which the member or the veteran would have attained the age of 65 years, and

    • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

  • Marginal note:Duration of benefit

    (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

  • Marginal note:Amount of benefit

    (4) Subject to the regulations, the monthly amount of the retirement income security benefit under subsection (1) that is payable to a survivor shall be determined in accordance with the formula

    A/2 – B

    where

    A
    is 70% of the earnings loss benefit that would be payable under subsection 23(1) for the month in which the member or veteran, if alive, would have attained the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the survivor in respect of the member or veteran from prescribed sources referred to in subsection 23(3); and
    B
    is the total amount that is payable to the survivor in respect of the member or veteran for a month from prescribed sources.
  • Marginal note:Regulations

    (5) The Governor in Council may make regulations

    • (a) providing for the periodic adjustment of the value of A in subsection (4); and

    • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

  • 2015, c. 36, s. 210.
Marginal note:Waiver of application
  •  (1) The Minister may waive the requirement for an application for the retirement income security benefit if the Minister is satisfied that the veteran or survivor would be eligible for the benefit if they were to apply for it based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions in respect of the earnings loss benefit, career impact allowance or disability award or in respect of the disability pension under the Pension Act.

  • Marginal note:Notice of intent

    (2) If the Minister intends to waive the requirement for an application, the Minister shall notify the veteran or survivor in writing of that intention.

  • Marginal note:Accepting waiver

    (3) If the veteran or survivor accepts the waiver of the requirement for an application, the veteran or survivor shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.

  • Marginal note:Declining waiver

    (4) The veteran or the survivor may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

  • Marginal note:Cancellation of waiver

    (5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the veteran or the survivor make an application for the retirement income security benefit and, in that case, the Minister shall notify the veteran or survivor in writing of that requirement.

  • 2015, c. 36, s. 210;
  • 2016, c. 7, s. 97.
 
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