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

Short Title

Marginal note:Short title

1 This Act may be cited as the Unemployment Insurance Benefit Entitlement Adjustments (Pension Payments) Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Commission

  Commission means the Canada Employment and Immigration Commission; (Commission)

  pension

  pension means any retirement pension

  • (a) arising out of employment,

  • (b) arising out of service in the Canadian Forces or in any police force,

  • (c) under the Canada Pension Plan, or

  • (d) under a provincial pension plan; (pension)

  Regulations

  Regulations means the Unemployment Insurance Regulations. (Règlement)

• Marginal note:Other words and expressions

  (2) Unless otherwise provided, all words and expressions used in this Act have the same meaning as in the Unemployment Insurance Act, 1971.

Marginal note:Application of Unemployment Insurance Act, 1971

3 Except to the extent of any inconsistency between this Act and the Unemployment Insurance Act, 1971, the provisions of that Act apply, with such modifications as the circumstances require, in respect of all sums paid or payable under this Act as though those sums were paid or payable as or on account of benefits under that Act and the Commission has, in relation to any matter that may arise under this Act, the same powers that it has in relation to any such matter under that Act.

General

Marginal note:Consideration of benefit entitlement with respect to pension payments

4 The Commission shall consider the entitlement to benefit of any claimant

• (a) who made an initial claim for benefit before January 5, 1986, and

• (b) whose benefits were 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,

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

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.

Marginal note:Appeals

6 For greater certainty, a decision of the Commission under this Act may be appealed in the like manner as a decision of the Commission under the Unemployment Insurance Act, 1971 and sections 94 to 105 of that Act apply, with such modifications as the circumstances require, to an appeal under this Act.

Marginal note:Charging of payments to Unemployment Insurance Account

7 For greater certainty, any sum payable to a claimant under this Act shall be paid out of the Consolidated Revenue Fund and charged at the time the sum is paid to the Unemployment Insurance Account in the like manner as any sum paid as or on account of benefits under the Unemployment Insurance Act, 1971 and shall be deemed to be a sum to which the claimant was entitled as or on account of benefits under that Act.

Unemployment Insurance Act, 1971

8 [Amendments]

9 [Amendment]

Coming into Force

Marginal note:Coming into force

10 This Act shall come into force or be deemed to have come into force on April 5, 1987.