Unemployment Insurance Benefit Entitlement Adjustments (Pension Payments) Act (S.C. 1987, c. 17)

Marginal note:Consideration of benefit entitlement with respect to post-retirement employment

• 5 (1) The Commission shall consider the entitlement to benefit of any claimant

  • (a) whose benefits were, prior to the coming into force of this Act, eliminated or reduced as a result of the deduction, pursuant to sections 57 and 58 of the Regulations as those sections read on January 5, 1986, from the benefits otherwise payable to the claimant of moneys paid or payable to the claimant after January 4, 1986 on a periodic basis or in a lump sum on account of or in lieu of a pension,

  • (b) who had obtained employment after the moneys referred to in paragraph (a) first became payable to the claimant and for whom a benefit period was established on the basis of weeks of insurable employment that were accumulated from that employment while the moneys referred to in that paragraph continued to be paid to the claimant, and

  • (c) who has, prior to the coming into force of this Act or within twelve months thereafter, applied to the Commission in writing, in the form and manner approved by the Commission, requesting that the claimant’s entitlement to benefit be considered by the Commission,

  and shall calculate the additional amount of money, if any, to which the claimant would have been entitled if the moneys referred to in paragraph (a) had not been deducted from the benefits otherwise payable to the claimant and pay that additional amount of money to the claimant.

• Marginal note:Deemed termination of benefit period

  (2) Where a claimant referred to in subsection (1)

  • (a) had a benefit period that existed after January 4, 1986,

  • (b) has accumulated from the employment referred to in paragraph (1)(b) the minimum number of weeks of insurable employment necessary to permit the establishment of a new benefit period for the claimant, and

  • (c) makes a new initial claim for benefit and requests that the benefit period referred to in paragraph (a) be terminated or be deemed to have been terminated on a day specified by the claimant that is after the minimum number of weeks referred to in paragraph (b),

  the benefit period referred to in paragraph (a) shall terminate or be deemed to have been terminated on the day so specified by the claimant, notwithstanding that it may have terminated on any other day under subsection 20(6) of the Unemployment Insurance Act, 1971, and a new benefit period shall be established or be deemed to have been established for the claimant beginning on the first day of the week next following that day.