The CFSA is on the DND website at:

The following is an extract in response to member’s queries regarding entitlement to survivor’s benefits:

Person considered to be the survivor:

29. (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with the contributor for at least one year immediately before the death of the contributor, the person is considered to be the survivor of the contributor.

Person considered to be married:

(2) For the purposes of this Act, when a contributor dies and, at the time of death, the contributor was married to a person with whom the contributor had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the contributor on the day established as being the day on which the cohabitation began.

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A recent release from Veterans Affairs Canada promises to take on the role of helping current Serving members and their dependents. It would appear that as the "workload" of looking after the aging veterans is decreased work is being sought to keep VAC alive. Odd, because the need for more chronic beds is increasing, but then the incapacitated veterans don’t vote!

The following is an extract from the list of help promises made to solve problems:

divorce or separation

problems caused by post traumatic stress disorder and other psychological conditions

children’s education

family violence

children and drugs

abuse

organizational problems

stress or burn-out

difficult interpersonal relationships

harassment

abuse of power

discrimination

All of this HELP is available from The VAC ASSISTANCE SERVICE and "is there to help you" and theoretically within 48 hours!

The VAC 24 hour help line is: 1-800-268-7708 (TDD 1-800-56705803).

All of this information has been printed in a booklet: VETERANS AFFAIRS CANADA ASSISTANCE SERVICE for former Canadian military and their families, and should be available at any VAC office.

The new Minister, Dr. R.D. Pagtakhan PC MP, was congratulated by e-mail on his appointment by the AFP/AAC. Needless to say, no response was ever received from him. But that is typical these days due to the absolute arrogance of the current cabinet members. It was also pointed out in the two messages sent, that it was hoped that speeded up service would be reinstituted for veteran claims, hopefully to the level that was available to veterans in the days of Major, The Honourable George Hees PC. Perhaps that is why the minister did not respond to our correspondence, speed and service are probably the last things on his mind.

In the meantime beds, for ailing aging veterans are in short supply. Home Help for other ailing aging veterans is becoming difficult to obtain. Of course Case Workers are hard to contact and aging veterans have great difficulties in expressing themselves or are unable to contact the Case workers who seem to hide behind answering machines and seldom contact the veteran..

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The Ontario Court of Appeals, on 13 March 2002, Ruled that the interest and principal that accrued on the money paid to Institutionalized Veterans belongs to the veteran or his survivors! This now means that the government will have to return all funds to the veterans’ accounts with interest. Where the veteran has deceased then the money will have to be given to the estates for distribution to his next of kin even if they are third or forth nieces and nephews.

The government had ample warning since 1985 of this possibility and did nothing to avoid the now very costly pay out.

The Court’s decision bodes well for our case of recovering the stolen $16.4 billion from our Canadian Forces Superannuation Account. It is to be noted that a largest part of the much touted "surplus" in the government’s (read Liberal) slush fund, by both Jean Chrétien and Paul Martin, is from the theft from our retirement savings!

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Recently a widow in British Columbia sued the Crown on the ground of age discrimination and was awarded a full survivor’s benefit from the SDB rather than the reduced amount as specified by the Act.

In the light of this action a Class Action case is being pursued by a law firm in Victoria on behalf of survivors on a Contingency Basis of 30% of the settlement. This percentage will probably be reduced by the Court to a more reasonable figure. Apparently past fees granted by the Courts have been as low as 1%. Although this action is supposedly only for those who signed up with the firm it would be very difficult for the government to weasel out of paying all survivors when the case is successful. From information received, Treasury Board was ordered by a Court Order to inform all those who received the SDB after 1997 of the pending Action. To a degree TB did comply.

There is an Appeal before the Court to have that date of 1997 replaced by 1985. However, that would be discriminatory against those who received the SDB before that. In all fairness, if the action is successful then all SDB recipients must qualify for the approved benefits - even if it means that Prime Minister Jean Chrétien will have to do without his $100 million Challenger jets to pay for his government’s discriminatory practices!

All SDB recipients are advised to submit their names to the law firm in order to participate, even though, as stated above, presumably all will benefit when the case is finally settled.

Address and contact for the lawyers:

E-mail: publicserviceclassaction@giaschimargolis.ca

or: canadianforcesclassaction@giaschimargolis.ca

Class members wishing to know the status of the class actions can do so by monitoring at: www.branmac.com/pages/canadianforces.htm/

OR

Branmac.com/pages/publicservice for CF Retiree information.

No participants will be charged any legal fees for this action.

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The Dutch have come up with yet another way to thank the Canadian soldiers who liberated them from German occupation in WW II, initiating a Netherlands Commemorative Medal that will be available to all Canadians who served in Holland during the war.

The Canadian veterans must apply for this medal in writing, supplying his or her service number, unit name and dates of service in Holland.

Applications must be mailed to:

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On 10 January 2002 Marjorie Lydia Halayko, best friend, true partner and loyal wife for over 61 years to Chairman Ed Halayko, passed away after a long period of suffering.

Marjorie was a War Bride migrating to Canada with daughter Victoria in April 1945 in a convoy of ships transporting War Brides and returning veterans.

She was a strong supporter of the AFP/AAC and for her participating in the support of the AFP/AAC she was awarded the Commemorative Medal for the 125^th Anniversary of the Confederation of Canada .

May she Rest in Peace and God be with her.

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Your support of the Canadian Memorial Hangar Fund will help provide a perpetual remembrance honouring all who served their country in the Air Force.

The Yorkshire Air Museum & Allied Air Forces Memorial(YAM), a restored WWII Bomber Base, is the site of the Canadian Memorial Hangar officially opened in 1996 by the Hon. Roy MacLaren,PC Cdn High Commissioner to the UK and LtGen A.L. DeQuetteville, CMM CD.

Free standing "Brick Walls" surround the interior of the Hangar. Squadron "Crests" on sponsored kneelers in our wartime Chapel and a Book of Remembrance are reminders of the service and sacrifice by Air Force men and women.

The Canada Branch of YAM is a registered Canadian charity. Support us with a Membership - Sign a Brick - or a Donation acknowledged with a tax receipt. For additional information and forms write to:

The Chairman, YAM Canada Branch,

470 Petit St., Saint-Laurent, QC, H4N 2H6

or phone (514) 744-6309 or

fax (514) 744-1395.

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9 June 2002

Connaught Range, Ottawa

Upper Canada Branch, The Black Watch (RHR) of Canada Association, will hold its annual Regimental Day Barbeque at noon on Sunday 9 June 2002. To help The Regiment celebrate its 140 years of service to Canada, all serving and former members of The Regiment are invited to join the Upper Canada Branch at this event.

Cost is $10.00 per person, payable in advance. By popular demand, you have a choice of chicken or steak - however your choice also must be indicated in advance. Simply indicate your preference and send it with your cheque by no later than Monday 3 June to:

Upper Canada Branch Treasurer:

Donald P. Ludlow

37 Inverary Drive

KANATA, Ontario K2K 2R8

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The Black Watch (Royal Highland Regiment) of Canada is celebrating 140 years of service to this country in 2002. As part of this celebration, former members of The Regiment are invited to join with serving members in the National Remembrance Day parade in Ottawa on Monday 11 November in a Field of Red Hackles.

The Black Watch (RHR) of Canada Association, Upper Canada Branch, is working with Department of National Defence, The Royal Canadian Legion, and local hotels to co-ordinate The Regiment’s participation in this event. If you intend to participate you are requested to contact:

OR by e-mail to:

OR by phone (613) 831-8146

OR by facsimile to: (613) 831-5343

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After serving as National Chairman since 1983 and one of the original members of what is now the known as the AFP/AAC and serving in various executive positions it is now time that I quit.

The time has come for someone else to take over the reins of the association.

The association is in a great financial situation, thanks to the dedication of the Treasurers who have served me and you well.

Over the years the AFP/AAC has developed to be a powerful association and has been very active in all of the issues that concern Canadian Forces Retirees and their survivors. In many cases there have been resounding successes, others have been temporarily lost due to government counter action or lower court decisions.

As all are now well aware, we are currently involved in the biggest battle of them all; and that is to recover the $16.4 billion plus that this government stole from our Canadian Forces Superannuation. Someone younger than I should see this bitter fight to the end.

As Chairman the pay is nil. The work is time consuming. The dedication has to be 100%. Fighting the greatest enemy, the government and its attitude towards the military and the retirees, is frustrating. When justice is achieved the feeling is heart warming.

I now must quit. Who is willing and prepared to take over? I do not expect a rush of volunteers but Quit I must. Age and health have caught up with me.

Ed Halayko

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The case against the Crown of the theft of our retirement savings is crawling at a snails pace, but it is moving!

At present the two union group principals have been denied their right to represent their members by a judicial decision. Only one union group principal, the Public Service Alliance of Canada (PSAC), is appealing the decision. The RCMP associations allied with us, the AFP/AAC, were for some reason or other also denied the right to represent their members by the judicial decision. We are Appealing that decision.

Currently legal documents are being exchange with the defence (government) dealing with subjects such as disclosure and background history regarding the Canadian Forces Superannuation Act. On this latter subject our lawyers would like to hear from any Canadian Forces Retirees or their survivors who have suffered, and/or are still suffering hardship, due to the low Canadian Forces Superannuation which they are receiving. [This could be eliminated if the stolen surpluses (retirement savings) were used to improve our lot instead of going to the Liberal Party with which to buy the next election and goodies such as luxury jet aircraft for overpaid cabinet ministers to fly in and horrendously large pay increases for themselves and ALL MPs.] Mail any such documentation to this office and it will forwarded to our lawyers. This request also applies to RCMP Retirees who can send their comments to us or directly to their respective RCMP Associations.

In the very near future a Court will Hear the Appeals regarding the Decision denying certain groups from representing their members.

The actual date for the initial trial regarding the Confiscation (theft) of the surpluses is still probably a year from now, unless the government lawyers can find another sneaky way to stall the case from being tried. We will win at the provincial level then expect the government to Appeal all the way to the Supreme Court of Canada. There are over $30 billion dollars involved of which over $16.4 billion belongs to us, the Canadian Forces Retirees, our survivors and those still Serving. (It should be noted that the piety, crocodile tears and expressions of sympathy by high ranking elected federal officials at the photo opportunities during the various ceremonies for the four PPCLI Airborne soldiers killed in Afghanistan were the same individuals who voted to steal their retirement savings!!! So much for integrity.)

Justice does move very slowly in Canada, particularly when it involves justice for ordinary citizens and not issues such as sexual orientation, gender or racial discrimination or supposed criminal rights. Cases such as theft of individual’s contributions to retirement plans take a long time, particularly if a government does the stealing.

Note that Royal Trust recently settled a dispute over the confiscation of pension fund surpluses of their employees before the issue went to a class action trial!

Other pension and superannuation funds, threatened by attempts by employers to loot the accounts, were quickly disbursed to the contributors, both retired and those still working, before said employers could get their grubby and greedy hands on the retirement savings! Of courses our contribution were and still are controlled by "benevolent" and "caring" politicians (Defence Ministers who couldn’t care less) and their appointed politicized generals. (We have had some real "lulus" as ministers over the past couple decades haven’t we? One exception - Mary Collins who really did care). We the contributors have never been given an opportunity to decide anything regarding our contributions in spite of rhetoric (verbal diarrhea) to the contrary by the Defence Ministers. The so called Advisory Committee is a paper tiger or less and has had NO influence in the control of our money. Actually this committee also has not listened to any retiree concerns.

So we are going to court, to get justice, and not a perceived justice.

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There is a publication devoted solely to the news issues and concerns of the military wives.

The magazine called The Military Rose is the first national magazine for the women in the life styles - past and present, and is a way for those who have left the lifestyle to stay in touch. There is a column called Way Back When for senior military ladies to tell their stories.

For further information contact:

Telephone: 1 (613) 687-6324

Fax: 1 (613) 687-7666

e-mail: tcollier@renc.igs.net

Web: www.themilitaryrose.com

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Please note the date of membership expiry which is printed on your envelope.

Those whose date reads 31 Dec 00, this is last NEWSLETTER that will be mailed to you. Your data has been transferred to the dormant file. To reactivate membership please forward $30.00 for 2001 and 2002.

Those whose date reads 31 Dec 01 this is notification that your membership has expired. Please forward $15.00 for 2002 to remain a member in good standing.

Those who have become widows may retain their husband’s membership number and remain as members in good standing.

Anyone in receipt of the Canadian Forces Superannuation is eligible for membership in the AFP/AAC.

Please do NOT confuse the Armed Forces Pensioners’/Annuitants’ Association of Canada, whose sole purpose is to truly represent the concerns of the CF Retirees and their survivors, with the public service retiree association FSNA. These are totally two different organizations.

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The excuse of the September 11^th terrorist act in the USA, and other accidents are being used to make substantial increases in automobile insurance premiums.

We now have a situation with Automobile and General Insurance policies by the company we recommended and whose information we forwarded to all members in Canada. The company attempted an increase of 18.2%in the National Chairman’s premium for his Automobile Policy, and included with the renewal form was a routine letter explaining the supposed whys of the increase and to point out that his Home Policy would also be affected! He does NOT insure his home with the Economical Group!!! He also had NO claims to warrant any increase

After several e-mails back and forth the premium was decreased for the main reason of never having made any claims. However, in the same envelope was that insulting form letter regarding household insurance and that the automobile amended deductibles had been adjusted - without asking his permission! In reading the form letter the company is NOT asking for one’s continuing custom. Oh no, it is "offering" the renewal as if it was doing one a big favour.

Although premiums in the past have been more that competitive, it is also recommended to shop around and compares premium rates for both automobile and general insurance when renewing this year.

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Only three and a half months late, the Minister of National Defence finally printed and distributed his FY 2000/2001 Annual Report on the status of the Canadian Forces Superannuation Account. This delay is a violation of the Canadian Forces Superannuation Act. But then who is to worry with the current charges of corruption by the government making the detail of an insult to the people of Canada by the Defence Minister important. His tardiness is but a contemptuous act Against the people he supposedly "serves".

In FY 2000/2001 there were 57,980 contributors to the Canadian Forces Pension Fund (CFPF). These contributions consisted of 4% of pay to the CPP and 7.5% to the CFPF . The taxpayers contributed $3.51 for every dollar put in by the Serving Members to the CFPF, in order to sustain the level of benefits as dictated by law! You will note the name Canadian Forces Pension Fund was created by the reforms of Bill C-78/99. (That was the Bill which the government used to legalize the theft of our surpluses). The contributed funds being managed by the Public Sector Pension Investment Board which is supposed to generate a higher return on the funds than straight interest. Unfortunately, as reported in NEWSLETTER 2/20001, the Board lost money in its first year!

The CFS Account rose to $50.9 billion and the interest paid was 2.17%. The surplus was $2.472 billion. There were 102,365 recipients of this CF Superannuation which number included 20,056 surviving spouses and 925 receiving Children’s Allowances. There were an additional 785 recipients of the Defence Services Pension Continuation Act of which 329 surviving were spouses.

The other Act of interest is the Public Sector Pension Adjustment Act. There was no number given as to how many contributors there are to this account. However, there were 89 recipients for a total of $31,000.00.

The Special Arrangements Account which deals with those whose pension benefits exceed $1,722.00 per annum, per year of service had a balance of $17.9 million. No numbers were given for participants in this Act although there was an expenditure of $571 million.

The Supplementary Death Benefit Account whose name appears to have been changed to the Regular Force Death Benefit Account now stands at $189 million, a surplus of $2.48 million over FY 1999. Expenditure for FY 2000/2001 was $25.4 million.

The full Annual Report is available at:http://www.dnd.ca/admfincs/finacial_docs/arcfsa/intro_e.asp

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With that huge amount of money in our CFS Account of $50.8 billion belonging to 161,130 recipients and contributors there is absolutely no reason why the discriminatory regulations that do not allow a survivor’s benefit for those who marry after age 60 and increase the survivor’s benefit to 60% . (The survivor’s benefit should be at least the same amount as the MPs’ survivors get).

Furthermore, there is no reason why all superannuations are not increased substantially to at least the same amount that current retirees receive. The improvements must occur soon before the greedy Finance Minister starts grabbing the rest of our savings so that Mr Chrétien can give himself and his seals another husky pay raise!

Of course with the track record of the Public Sector Pension Investment Board we may not have to worry. The contributions can melt away and it wouldn’t take too long to lose the $50.9 billion! Odd, yet the OMERS continues to make money for its contributors!

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8 May 2002 was the 57^th Anniversary of the end of World War II . There was almost NO publicity for this occasion although many thousands of Canadians lie buried in foreign lands fighting for democracy so that the current politicians can enjoy their dipping into the public trough.

This government is currently pre-occupied with another round of scandal and corruption and trying to sweep all their misdeeds under the carpet..

In 1945 Canada had a million people under arms but not 73 generals.

The Army consisted of an Army Headquarters, two Corps Headquarters and 5 Divisions and two Independent Brigades in Europe and one Division in Canada preparing to take on the Japanese.

The Royal Canadian Navy was the third largest in the world!

The Royal Canadian Air Force was a major force in the world.

In Canada there were RCAF training schools all across Canada training Commonwealth and Allied aircrew.

Starting with PET Trudeau the rot started in and thanks to the indifference of ineffectual defence ministers and hopelessly anti-military Prime Ministers the military sagged to the low of 73 generals with only 57,980 people in uniform. There is NO transport capability, we have a Navy, now called Sea element with unusable second hand submarines and no Carrier for any Naval Air.

The army, Land element, is operating on a shoe string. No proper equipment, clothing, rations, air transport, or helicopters except for a few that are older than some Serving Members.

The Air element has some fighters that are rotting and NOT fully compatible with the Air Forces of our allies, weapon and communication wise.

HOWEVER, our defence bureaucracy is POLITICALLY CORRECT, fully bilingual with the prerequisite quota of females. (Strange that correctness; - although there are females in Afghanistan with the PPCLI there has NO publicity about any one of them participating in any of the engagements? It most assuredly would be very bad PR if one happened to be killed or injured, particularly if she happened to be a mother.)

And get this. Without tendering, Jean Chrétien has ordered two state of the art Challenger jets for over $100 million. One for himself and one for his cabinet ministers to ride around in. Of course the Canadian Air Force ONE ordered by Brian Mulroney is still well used, especially by the Governor General, so we have been told.

Only on Canada you say.

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Rank or Title & Init:_____________________

(Mrs Ms Mr or Capt etc

Name:___________________________

Decorations:____________________

Address:________________________

Apt No:__________

City:___________________________

Prov: ____ Post Code: __________

Telephone:(____)________________

E-Mail:________________________

Please make cheques out to: AFP/AAC

Mail Application/Renewal forms, with fees, to:

A Renewal Form is NOT necessary. If your Membership number or Postal Code is legible your data can be easily accessed and updated. Therefore it is NOT necessary to damage your NEWSLETTER.

Tel:- 1 (519) 471-9232

e-mail:-

Web Site:- www.afp-aac.org

Puleeeeeze. If you are moving let this office know so that your mail can sent to you!

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Earlier this year Randy White MP was the Employment Critic for the Official Opposition. He was contacted because, at the time, he was criticising the Minister of Employment Jane Stewart for some more of shenanigans with the Employment Insurance Account (EI). He was asked to look into the crass discrimination against first time CF Retirees who are ineligible to the EI Benefits for which they paid.

He responded and wrote that he and the Canadian Alliance would tackle this problem .

Nothing happened, the MPs took off on another holiday (presumably to spend some of their huge pay raises) and upon returning to parliament the heat was off Stewart and White was given a new appointment.

It is interesting to note that NO party in Ottawa is interested in the plight of the CF Retirees and their survivors! Nor are they overly interested in the military itself except for photo ops.

We have an occasional promise from members of all political parties but not much ever came of those promises.

Our issues and concerns have a very low priority with the elected in Ottawa.

Why?