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Veterans Well-being Act

Version of section 23 from 2019-04-01 to 2024-02-20:


Marginal note:Amount of benefit

  •  (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 22 in respect of a member or a veteran is

    • (a) for the month in which the member or veteran, if alive, would have attained the age of 65 years and any month before that month, 90% of the member’s or veteran’s imputed income for a month; and

    • (b) for any month after the month in which the member or veteran, if alive, would have attained the age of 65 years, 70% of the amount determined by the formula

      A × B

      where

      A
      is 70%; and
      B
      is 90% of the member’s or veteran’s imputed income for a month.
  • Marginal note:Division of benefit

    (2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply:

    • (a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit;

    • (b) if there is a survivor and one or more orphans,

      • (i) the survivor is entitled to 50% of the income replacement benefit, and

      • (ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

    • (c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

  • Marginal note:Reduction — survivor

    (3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

    • (a) respecting, for the purposes of paragraphs (1)(a) and (b), the determination of the imputed income in respect of a class of members or veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination;

    • (b) providing for a minimum amount of imputed income in respect of a class of members or veterans and for the periodic adjustment of that minimum amount;

    • (c) providing for the periodic adjustment of the amount of the income replacement benefit calculated in accordance with subsection (1); and

    • (d) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.

  • Marginal note:Career progression factor

    (5) If regulations made under paragraph (4)(a) provide for the periodic adjustment of a member’s or a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment shall not be applied after the earlier of

    • (a) the last day of the prescribed number of years of service of the member or veteran in the Canadian Forces, and

    • (b) the day before the day the member or veteran, if alive, would have attained the age of 60 years.

  • 2005, c. 21, s. 23
  • 2016, c. 7, s. 84
  • 2018, c. 12, s. 134

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