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Veterans Well-being Act (S.C. 2005, c. 21)

Act current to 2020-06-17 and last amended on 2019-07-05. Previous Versions

PART 5Transitional Provisions (continued)

Transitional Provisions Relating to Income Replacement Benefit (continued)

Retirement Income Security Benefit (continued)

Marginal note:Survivors’ deemed entitlement to income replacement benefit (section 40.4 of former Act)

  •  (1) A survivor to whom a retirement income security benefit was payable on March 31, 2019 under section 40.4 of the former Act is deemed, on April 1, 2019, to be entitled to an income replacement benefit under section 22 of the new Act and the following rules apply in respect of the survivor:

    • (a) despite subsection 22(2) of the new Act, the income replacement benefit begins to be payable to the survivor on April 1, 2019;

    • (b) the monthly amount of the income replacement benefit that is payable to the survivor under section 22 of the new Act is determined under section 23 of that Act, subject to subsection (2); and

    • (c) subsection 23(2) of the new Act does not apply.

  • Marginal note:Protected amount

    (2) If the amount of the income replacement benefit that is payable to a survivor under section 22 of the new Act for a month referred to in paragraph 23(1)(b) of that Act and that is determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — is less than the amount that is one half of the amount determined for A in subsection 40.4(4) of the former Act that was used to calculate the retirement income security benefit that was payable to the survivor under section 40.4 of that Act for the month of March 2019, then the former amount is to be replaced by the latter amount.

  • Marginal note:Indexation

    (3) For the purposes of subsection (2), the amount, referred to in that subsection, that is one half of the amount determined for A is to be indexed until the time the income replacement benefit is payable.

  • 2018, c. 12, s. 157

Marginal note:Pending applications — subsection 40.3(1) of former Act

  •  (1) Subject to subsection (3), if, before April 1, 2019, a survivor made an application for a retirement income security benefit under subsection 40.3(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date.

  • Marginal note:Approved applications — payment of benefit

    (2) If the Minister approves the application, the Minister shall pay to the survivor, under section 40.3 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.3(2) of that Act and ending on March 31, 2019.

  • Marginal note:Veteran died in March 2019

    (3) If the veteran in respect of whom a survivor made an application referred to in subsection (1) died in the month of March 2019, the survivor is deemed not to have made that application.

  • 2018, c. 12, s. 157

Marginal note:Pending applications — subsection 40.4(1) of former Act

  •  (1) If, before April 1, 2019, a survivor made an application for a retirement income security benefit under subsection 40.4(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date.

  • Marginal note:Approved applications — payment of benefit

    (2) If the Minister approves the application, the Minister shall pay to the survivor, under section 40.4 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.4(2) of that Act and ending on March 31, 2019.

  • 2018, c. 12, s. 157

Marginal note:Review

 If, before April 1, 2019, the Minister made a determination to deny an application for a retirement income security benefit made by a survivor under subsection 40.3(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the benefit, then,

  • (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and

  • (b) the Minister shall pay to the survivor, under section 40.3 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.3(2) of that Act and ending on March 31, 2019.

  • 2018, c. 12, s. 157

Marginal note:No application — subsection 40.3(1) of former Act

 If a veteran who died before April 1, 2019 was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit under section 40.1 or 40.2 of the former Act at the time of their death and the veteran’s survivor did not make an application for a retirement income security benefit under subsection 40.3(1) of the former Act before April 1, 2019, the following rules apply to the survivor:

  • (a) if the veteran died before March 1, 2019, the survivor is deemed to have made an application for a retirement income support benefit under subsection 40.3(1) of the former Act on March 31, 2019; and

  • (b) if the veteran died in the month of March 2019,

    • (i) the survivor is deemed to have made an application for an income replacement benefit under subsection 26(1) of the new Act on April 1, 2019,

    • (ii) for the purpose of that application, the veteran is deemed to have been entitled to the income replacement benefit at the time of their death, and

    • (iii) if the Minister approves the application, then

      • (A) the day referred to in paragraph 26(2)(a) of the new Act is April 1, 2019,

      • (B) the monthly amount of the income replacement benefit that is payable to the survivor under section 26 of the new Act is determined under section 26.1 of that Act, subject to subsection 118(2), and

      • (C) subsection 26.1(2) of the new Act does not apply.

  • 2018, c. 12, s. 157

Supplementary Retirement Benefit

Marginal note:Amount paid — veterans

  •  (1) The Minister shall pay the amount determined in accordance with subsection (2) to

    • (a) a veteran who was at any time entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act but who, on March 31, 2019, was no longer entitled to that benefit, if that veteran has not received the supplementary retirement benefit to which they are entitled under subsection 25(1) of that Act before April 1, 2019; or

    • (b) a veteran who, on March 31, 2019, was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act.

  • Marginal note:Calculation of amount

    (2) The amount payable to the veteran under subsection (1) is an amount equal to 2% of the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until March 31, 2019, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account.

  • Marginal note:Reduction

    (3) The amount payable to the veteran is to be reduced by any amount of the supplementary retirement benefit that the veteran received before April 1, 2019.

  • 2018, c. 12, s. 157

Marginal note:Amount paid — survivors under subsection 25(2) of former Act

  •  (1) The Minister shall pay the amount determined in accordance with subsection (2) to a survivor who

    • (a) is the survivor of a veteran who, at the time of their death, was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act;

    • (b) was not eligible to receive an earnings loss benefit under section 22 of the former Act on March 31, 2019; and

    • (c) has not received a supplementary retirement benefit under subsection 25(2) of the former Act before April 1, 2019.

  • Marginal note:Calculation of amount

    (2) The amount payable to the survivor under subsection (1) is an amount equal to 2% of the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until their death, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account.

  • 2018, c. 12, s. 157
 
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