2005 - 2

Membership

Adhésion

Newsletters

Bill C78

Dental Plan

Constitution

Contacts

Info Bulletin

Legal

Links

News Clippings

Press Releases

The Mess

Unknown Soldier

New CDN Medal

NEWSLETTER - INTERNATIONAL EDITION

ISSUE 02/2005

 

Apology

Much to our chagrin an embarrassing incident occurred when the envelopes for Edition 01/2005 were being stuffed.

The people doing the stuffing, a charitable church group, somehow didn’t pay close attention to the instructions and about 100 copies of a shortened version of the NEWSLETTER, intended only for those in arrears since 2003, were stuffed into the envelopes of fully paid up members and mailed.

Most paid-up members reacted quite reasonably when they became aware of the event and replacement NEWSLETTERS were mailed out to all those who made their privation known.

There may have been some members who were missed or who did not inform this office of their loss.

To all, I offer my apology and hope it will not happen again.

Appropriate disciplinary action has been meted out and all culprits responsible for the SNAFU were awarded seven days of “extra work and drill” and placed on a diet of bread and water for the same period.

The same punishment was also meted out to me for not supervising more closely!

Ed Halayko

 _____________________________________________________________________

Christmas Present

 We at least received 0ne good gift this year. A defeated corrupt Liberal government and an opportunity to boot the conniving scumbags out of office!

Is it NOT passing strange that immediately after the vote on Monday 28 December 2006 that Paul Martin would rush to the microphone for a photo op to inform the media that he had balanced the budget with a found $30 billion? Wasn’t that the amount that was stolen from the three superannuation accounts by the Chretien/Martin government. Naturally Mr. Dithers did not inform the public where he “found” the $30 billion! It was from our retirement savings, our superannuation account, that’s where! Yet he pays NO Canadian taxes on the profits of his Canada Steamship Lines. Some Canadian he is.

The next day with a full chorus of Liberal seals Martin was again on TV telling the public what a great PM he was and that he had made promises and the trained Liberal chorus of seals sang “And promises kept!” on cue, Ann McLellan being the loudest voice of them all. I don’t remember any promises that Martin made that he kept. He promised me, Ed Halayko, Chairman of the Armed Forces Pensioners’/Annuitants’ Association of Canada that he wouldn’t touch our Canadian Forces Superannuation Account and promptly and illegally started nibbling away at it. Some promise! Eventually he forced Bill C-78 through, with the assistance of the FSNA, legalizing the theft. That was one promise which he didn’t keep.

All of this information is documented or corroborated by government sources.

 ____________________________________________________________________________________________

Humour

Here is another gem. Enjoy!

A young man named Paul bought a donkey from an old farmer for $100.00.

The farmer agreed to deliver the donkey the next day. When the farmer drove up the next day, he said, "Sorry son, but I have some sad news...the donkey is on my truck, but he's dead."

Paul replied, "Well then, just give me my money back.."

The farmer said, "I can't do that. I went and spent it already."

Paul said, "OK then, just unload the donkey anyway".

The farmer asked, "What are ya gonna do with him?"

Paul said, "I'm going to raffle him off."

To which the farmer exclaimed, "You can't raffle off a dead donkey!"

But Paul, with his usual big sneer (oops - smile) on his face, said, "Sure I can. Watch me. I just won't tell anybody that he's dead."

A month later the farmer met up with Paul and asked, "What happened with that dead donkey?"

Paul said, "I raffled him off. I sold 500 tickets at two dollars a piece and made a profit of $698.00."

Totally amazed, the farmer asked, "Didn't anyone complain that you had stolen their money because you lied about the donkey being dead?"

And Paul replied, "The only guy who found out about the donkey being dead was the raffle winner, when he came to claim his prize. So I gave him his $2 back plus $200 extra, which is double the going value of a donkey, so he thought I was a great guy."

Paul grew up and eventually became the Prime Minister of Canada, and no matter how many times he lied or how much money he stole from Canadian voters, as long as he gave them back some of the stolen money, most of them thought he was a great guy!

 

Comment - So far Martin has made NO effort to return our life savings which he used to "balance the books!" But then he might promise to return the money as the election is not until 23 January 2006! And we will get another promise that will NEVER be kept.

 ___________________________________________________________________

VERY SAD NEWS

 There will be no Nativity Scene in Ottawa this year !

The Supreme Court has ruled that there cannot be a Nativity Scene in Ottawa this Christmas season. This isn't for any religious reason, they simply have not been able to find three wise men and a virgin in the Nation's capital. There was no problem, however, finding enough asses to fill the stable. 

 

 

The Pension Surplus Trial Begins

   On November 15, 2005, the trial began in the court cases challenging the federal government’s confiscation of over $30 billion of surplus in the superannuation plans for the Canadian Forces, the RCMP and the Public Service before Justice Panet of the Ontario Superior Court of Justice.

   During this phase of the trial, the only issue was whether 128 internal government documents would be admitted into evidence. Originally, it had been anticipated that all of the documents would go into evidence on agreement of the parties and that the lawyers would make submissions about their relevance and importance in final argument. However, in September 2005, the government lawyers indicated that they were not willing to proceed in this manner and the Case Management Master directed that a motion be brought at the outset of the trial to determine the admissibility of the documents.

   Many of the 128 documents consist of statements, policies and communications by high level government officials. These documents show that during the 1990s, the government was using questionable accounting techniques to appropriate the surplus and pay down the deficit. According to some of the documents, this was the largest single source of deficit reduction at the time. These accounting techniques were the subject of court applications before the Federal Court brought by the AFP/AAC and the predecessors to CAPE, SSEA and CUPTE, among others. The Federal Court applications are currently on hold pending the outcome of the Ontario court actions.

   The documents also show disagreements between Treasury Board and Ministry of Finance officials over the ownership and use of the surplus. One of the documents written by senior Treasury Board officials in 1996 states that the President of the Treasury Board felt that the members of the superannuation plans had a “strong claim” to the surplus and that the government’s appropriation of the surplus was “not right”. Other documents show that at the same time, senior Ministry of Finance bureaucrats were unilaterally claiming ownership over the entire surplus in the superannuation plans.

   Following four days of argument on the motion, Justice Panet reserved his decision. He will be required to decide whether these internal government documents are relevant and for what purpose they can be used. If the documents are found to be admissible, the plaintiffs will use them to support their arguments on various issues including the argument that the plan members and retirees own the surplus.

   It is anticipated that Justice Panet will release his decision within the next few weeks. The next phase of the trial is expected to commence in the spring of 2006 and will take approximately three to four weeks.

Fiona Campbell

 _____________________________________________________________________

Marriage after age 60 Bill C-362

 There is Private Members Bill C-362 before the House of Commons to amend the Canadian Forces Superannuation Act by repealing Subsection 31(1) of the Act. This repeal would then do away with the discriminatory “Gold Diggers” clause of the Act and would entitle the survivor to the normal survivor’s benefit to which all survivors are entitled.

One must not get their hopes up as it is well known that the Paul Martin government is not known for its sympathy for the concerns of ordinary citizens and in particular anyone in the military or military retirees! Even though this is still the “Year of the Veteran” providing a survivor’s benefit for those who married a CF Retiree after he/she reached age 60 (out of our own retirement savings) is not a popular “Photo Op” thing during this election time!

The Bill was introduced by Werner Schmidt of the Conservative Party but it is now dead due to the Parliament having lost the confidence vote. The Bill will now have to be reintroduced.

 ____________________________________________________________________________

Increased contributions to the CFS Account - 01 Jan 2006

 

Extract from: http://hr.dwan.dnd.ca/dpsp/engraph/faq_e.asp

Director General Compensation and Benefits

 “Introduction

The government has announced that, effective January 1, 2006, contribution rates will increase for Public Service employees, members of the Canadian Forces (CF) and members of the Royal Canadian Mounted Police (RCMP). In addition, amendments to the three major federal public sector pension plans will be sought to change the formula by which plan benefits are coordinated with the Canada Pension Plan (CPP) benefits, in plan members' favour.

 Member Contribution Rate Changes

 Q1. Who do the contribution rate increases apply to?

These changes affect only those members of the CF who are or will be participants under Part I of the Canadian Forces Superannuation Act (Regular Force members and some members of the Reserve Force). Separate pension arrangements for other members of the Reserve Force will be implemented later this year.

 Q2. Who sets member contribution rates?

In 1999, the Canadian Forces Superannuation Act, the Public Service Superannuation Act, and the Royal Canadian Mounted Police Superannuation Act were all amended to require that the Treasury Board Ministers set the member contribution rates for 2004 and subsequent years. In the case of the Canadian Forces, an increase requires the joint recommendation of the President of the Treasury Board and the Minister of National Defence.

 Q3. How long have the current member contribution rates been in effect?

The current member rates (4% of salary below and 7.5%% of salary above the maximum covered by CPP) have been in effect since January 2000.

Q4. Why are my contributions going up?

In 1999 the government introduced measures to improve the long-term financial management of the three large federal public sector pension plans, affecting the CF, the RCMP and employees of the Public Service. These measures were designed to ensure that the costs of the pension plans were shared in a more balanced way between plan members and the Canadian public, whose tax dollars support these programs. Part of this long-term plan was to increase member contributions to the plans.

 Q5. You mention a more balanced sharing of pension plan costs between plan members and the taxpayers. What do you mean?

It is a common misconception that the costs of the pension plan are shared 50/50 between members and the government. In fact, right now, the government is paying about 78% of current service costs under the CF plan, and CF members about 22%. What this means is that for every dollar a member contributes, the government contributes over three. Once the phase-in of the change in rates is complete, Public Service employees will be paying about 40% of the current service costs of their plan;

CF members will be paying about 34% of the costs of the CF plan.

Q6. What will the increases be?

The contribution rate structure is two-tiered. Right now, a member contributes 4% to the CF Pension Fund on those earnings below $41,100; a member also pays CPP contributions on those earnings. On earnings above that amount, you pay 7.5% to the CF Pension Fund. Starting in Jan 06, your contributions to the CF Pension Fund will increase each year by 0.3%. They will increase until 2008, on those earnings above the band of earnings subject to CPP contributions, and until 2013 on those earnings below the CPP maximum. The table below shows the details of the implementation schedule.

YEAR BELOW YMPE       ABOVE YMPE

2006       4.3%             7.8%

2007       4.6%             8.1%

2008       4.9%             8.4%

2009       5.2%             8.4%

2010       5.5%             8.4%

2011       5.8%             8.4%

2012       6.1%             8.4%

2013       6.4%             8.4%

Q7. When all these increases are complete, how much more will I be paying in contributions than I am now?

In 2006 an employee earning $50,000 will have to pay and additional in contributions. This increase will be mitigated by the fact that it is tax deductible at the employee's applicable marginal tax rate. For example, an employee living in Ontario and earning $50,000 will pay, after tax (federal and Ontario combined tax rate of 31.15%), an amount of $103.28 in additional pension contributions for 2006.

Q8. Are only CF rates going up?

No. There will be identical increases under the other two large public sector plans for the RCMP and Public Service employees. Members of all three plans contribute at the same rates and will continue to do so.

Q9. I don't think it's fair that I pay the same amount as public service employees. Life in the military is a lot different than life as a public servant.

While the CF plan and public service plan are alike in a great many ways, and both are generous plans, the CF plan has many important differences to recognize the greater demands that are placed on CF members. For example, CF members can be entitled to immediate annuities at a much earlier age than can public service employees. While it is true that CF members contribute at the same rate as public service employees, these more generous features in the CF plan mean that, in fact, the government, and in turn the taxpayer, pay a higher portion of the costs of the CF plan than they do for the public service plan. This will continue to be true. In fact, by 2013, public servants will pay about 40% of plan costs while CF members will pay about 34% of the cost of a pension plan that has more generous features. (??) (But NOT as generous as the MP’s Pension Plan!!)

Q10. Does this increase mean that there isn't enough money in the pension fund to provide my pmpletely secure. benefit plan. This means that the benefit a member receives is established by a formula that is specified in the pension legislation. If there is a deficit, the government is responsible for the shortfall. The purpose of the increase in the contribution rates is to ensure that there is a more balanced cost-sharing ratio between the government and plan members.

Q11. The government has taken huge amounts of pension surplus out of the pension plans the last few years. Why didn't they use some of the surplus to make up the shortage of contributions instead of asking us to pay more?

The issue of the management of the pension plan surplus is now before the courts and it would be inappropriate, pending a final decision, to comment.

Canada Pension Plan Reduction Formula

Q12. How are the Canada Pension Plan and the CF plan connected?

When the CPP was introduced in 1966, the federal government decided to "integrate" the new plan with the pension plans that it sponsored for its workforce, rather than requiring contributors to pay additional contributions for their CPP coverage. As a result, the benefits of the CPP became available to y for modified coverage under the CF plan. With the reduction in contributions to the CF Account, it was necessary to have a corresponding adjustment to benefits payable under the CF plan, to recognize those lower contributions and the fact that there will be a CPP benefit payable.

Q13. What does this integration mean as far as my contributions are concerned?

It means that the contribution rate is two-tiered. CF members contribute to the CPP by paying contributions on their annual earnings between a minimum and maximum level. The minimum level, known as the Year's Basic Exemption, is set at $3500 for 2005. The maximum level is set every year and is known as the Year's Maximum Pensionable Earnings (YMPE). In 2005, the earnings on which CPP contributions are required are those up to $41,100. (In 2005, employees contribute to the CPP at a rate of 4.95%).

In addition, a member of the CF, contributes to the CF Pension Fund as follows:

4% of earnings below the YMPE; and 7.5% of earnings above the YMPE.

Q14. When is the reduction factor applied to CF pensions?

CF pensions are reduced by a formula specified in the pension legislation:

When a retired CF plan member reaches age 65, which is the normal age of eligibility for a CPP benefit, or when a retired CF plan member becomes entitled to a CPP disability benefit.

The CPP benefit may be more or less than the reduction of the CF pension since the provisions and the benefit calculation formula of the CPP are different from those of the CF pension plan.

Q15. How is the reduction factor calculated?

The reduction in a member's pension can vary from case to case and is based on pensionable service on and after 1 January 1966, up to the release date. The formula is: 0.7% X the number of years of pensionable service since 1 Jan 1966 X the lesser of: the AMPE1 for the year of retirement OR average salary for the five consecutive years of member's highest-paid service

1 The AMPE is the average of the YMPE (Year's Maximum Pensionable Earnings) for the year of retirement and the four preceding years.

Q16. What is the change in the "CPP reduction factor" now being proposed?

Parliament will be asked to lower the percentage from .7% to .625%, over a five-year period beginning in 2008.

Reduction factor for the period 2008 to 2012

2007        2008       2009        2010       2011

0.700%  0.685%  0.670%   0.655     0.640%  

          2012

          0.625%.

% Reduction factor at age 65                     

Q17. Why is this change being proposed?

When the CPP was introduced in 1966, it was decided to coordinate the CF pension plan with it. When a CF plan member retired and reached the age of 65 or began to receive a CPP disability benefit, the CF pension would be reduced to take into consideration the payment of a CPP benefit. However, when the existing reduction factor was adopted in 1966, it was recognized that at some point in the future, the reduction factor in the three major pension plans would have to be revisited as they and the CPP evolved. If the amendment to the existing reduction factor is enacted, the CPP pension may still be more or less than the reduction of the CF pension; however, beginning in 2008,the reduction applied would be smaller.”

Commentary

There appears to be NO reason for there to be any increase in the premiums to the Canadian Forces Superannuation Act. If the surpluses were NOT being plundered there would be sufficient funds in the Account to cover all contingencies and the government could stop whining on how generous it is for the military which it has gutted since Pierre Trudeau was Prime Minister and later when Jean Chretien became Prime Minister and Paul Martin Finance Minister!

We do NOT receive a PENSION. It is a prepaid superannuation plan based on contributions from the participants. It is a Retirement Savings Plan, unfortunately badly mismanaged by the current government.

There is NO reason why the contributions to the CPP cannot be separate from those to the CFS. Thus upon reaching age 65 retirees would be entitled to BOTH benefits and NOT a reduction in the CFS! This has been a bone of contention for decades yet the government just will NOT listen to the participants. Or is it our imagination?es with “entitlement”.

 _____________________________________________________________________

Email from General Gordon O’Connor MP Conservative Defence Critic

 When the Canadian Forces Superannuation Act and Canada/Quebec Pension Plan were integrated in 1966, the Canadian Forces Superannuation Act contributions and resulting benefits were adjusted accordingly. At that time, the benefits of the Canada/Quebec Pension Plan became available to the participants under the Canadian Forces Superannuation Act without any increase in their monthly pension contributions. In effect, the contribution amount remains the same, but a portion is used to pay for modified coverage under the Canadian Forces Superannuation Act. As a result, all the annuities payable under the Act are reduced once the contributor becomes eligible to receive Canada/Quebec Pension Plan benefits at age 65, or earlier upon receipt of Canada Pension Plan disability benefits. In essence, the resulting reduction in contributions to the Canadian Forces Superannuation Account while a member was serving necessitated a corresponding adjustment to the benefits, such as annuities, that this fund could support.

I recently met with the Armed Forces Pensioners'/Annuitants' Association Inc. of Canada to discuss the “clawback” issue and they were not able to provide details confirming the problem. They have since been able to tell me, after speaking to a large number of CF pensioners, that to date, no one individual has indicated that they are receiving less money per month than they were prior to their 65 birthday. This is because in principle the original value of the annuity is not reduced when a recipient receives the reduced annuity and the CPP together.

The only situation where the adjustment may result in an individual receiving less money per month after they turn 65 is if the adjustment somehow changes the tax bracket of the recipient. If you find yourself in this situation please do not hesitate to inform me of your circumstances.

 __________________________________________________________________________

THE FINAL INSPECTION

The soldier stood and faced God,

Which must always come to pass.

He hoped his shoes were shining,

Just as brightly as his brass.

 

"Step forward now, you soldier,

How shall I deal with you ?

Have you always turned the other cheek ?

To My Church have you been true?"

 

The soldier squared his shoulders and said,

"No, Lord, I guess I ain't.

Because those of us who carry guns,

Can't always be a saint.

 

I've had to work most Sundays,

And at times my talk was tough.

And sometimes I've been violent,

Because the world is awfully rough.

 

But, I never took a penny,

That wasn't mine to keep...

Though I worked a lot of overtime,

When the bills got just too steep.

 

And I never passed a cry for help,

Though at times I shook with fear.

And sometimes, God, forgive me,

I've wept unmanly tears.

 

I know I don't deserve a place,

Among the people here.

They never wanted me around,

Except to calm their fears.

 

If you've a place for me here, Lord,

It needn't be so grand.

I never expected or had too much,

But if you don't, I'll understand.

 

As the soldier waited quietly

For the judgment of his God.

"Step forward now, you soldier,

You've borne your burdens well.

Walk peacefully on Heaven's streets,

You've done your time in Hell."

~Author Unknown~

_____________________________________________________________________________

Class Action

 Class Action Court case in Vancouver regarding the Supplementary Death Benefit

This is very interesting. Now if we could only get something going regarding other age discriminations such as marriage after age 60 and the 50% survivor's benefit.

In early Sept. 2005 oral arguments were presented at both the Public Service Class Action and the Canadian Forces Class Action concerning the Supplementary Death Benefits (SDB). The actions went to trial on the common issues at the Law Courts in Vancouver on 13 June 2005.

Under the Public Service Superannuation Act (PSSA) and the Canadian Forces Superannuation Act (CFSA), a Supplementary Death Benefit is payable to beneficiaries of deceased federal Public Servants and Canadian Forces members. Until late 1999 the amount of the benefit payable was reduced by 10% per year for covered members who died after age 60. Since 1999, the 10% yearly reduction but only under the PSSA applies after age 65, rather than age 60.

The class actions challenge the age-related benefit reduction as discriminatory, contrary to the Canadian Charter of Rights and Freedoms. A similar case brought on an individual basis in the Federal Court of Canada by Mrs. Ruth  Margolis resulted in a favourable judgement for the  plaintiff. The class actions are brought on behalf of all members insured under the SDB program.

Basically what happened was the lady retiree in B.C. sued and won. Her death benefits were not reduced. As you know it is twice the amount of salary we were making at the time of retiring.

 

The counter-claim by the govt. says that it would bankrupt the system if it were to be paid out in fully. I think an actuary quoted 1.8 billion dollars.

If you want the full story and court rulings, go to the legal website that is handling the case. It is: <http://www.branmac.com/> and then click on Branch MacMaster Plaintiffs Class Actions then click on Canadian Forces Death Benefits.

 _______________________________________________________________________

Apolitical Politics

One might deduce from some of the articles in  this and previous NEWSLETTERS that the AFP/AAC in general and me in particular are anti Liberal.

NOT so. When in Opposition, the Liberals couldn’t do enough for us but once Chretien and Martin formed the government we have seen nothing but disaster. The military emasculated, our retirement savings stolen, ADSCAM, reduced benefits, universal health care a shambles, no EI for first time CF Retirees, Women continue to be called “Gold Diggers”, NO 60 % survivor’s benefit, exclusion from the protection of the Canada Benefits Standards Act etc. etc.

The incompetence, arrogance and lack of integrity is never ending by this Party. Promises made but NEVER kept!

When we applied to meet with the Defence Minister, Bill Graham, at a meeting arranged by the President of the Defence Committee we were informed that some “clerk” was prepared to meet with us! When the caller was told NO thank you, we wanted to talk to the boss man not some lesser bureaucrat that was the last we heard from the Defence Minister’s Office.

The Tories do not come out smelling like roses either. We have NEVER received any response to correspondence addressed to Mr Harper. We did manage to get a meeting with the Opposition Defence critic. Unfortunately we didn’t get too far there. The Associate Opposition Critic, Dave Mackenzie, does correspond with us fairly regularly and Peter MacKay replies to our correspondence with sympathy but we don’t know if any action has been taken on our behalf. MP Werner Schmidt did introduce a Bill to correct the discrimination against “Gold Digging” Canadian Women. A Tory MP at one time did get slightly involved in the issue of Serving members paying into the EI fund yet unable to collect any of the benefit upon first retirement/release. That interest disappeared after the last election!

From the NDP we get little mail. However, NDP MP Peter Stoffer did table a Bill to end the age 65 shifting of the CF Superannuation to the CPP. This Bill is bound to run into trouble because it has not been fully paid for. And you will notice that with the increase in premiums for the CFS the CPP is also being adjusted. But the military will not be paying for both separately so that major annoyance is not being rectified!

Of course changes to SISIP have also enraged Retirees who have a vast amount of their money invested in this scheme. And there appears to be NO help from any of the 70 odd generals in DND and of course absolutely no help from the political/bureaucratic side. Retiree participants in SISIP are expected to pay more whereas Serving members will be paying less. Sounds like a government sponsored scam or fraud to me.

It is therefore difficult not to condemn political parties for being dishonest and most certainly being less than Honourable. This time around it is the corrupt Liberal Party that gets the golden raspberry.

I am going to vote Conservative and hope I just might get the Honourable representatives and government in my Canada for which I spent 6 years overseas, over 60 years ago.

You too get out and vote, even if it is for Martin, while holding your nose.

Ed Halayko

________________________________________________________________________________

Breaking News

    I recently was transported to a hospital by ambulance because my heart stopped beating - several times! Two days later I woke up (still alive, obviously) and was informed I was to have a Pacemaker installed, which was done three days later.

(In the past I have been accused of NOT having a heart, I guess my accusers were wrong!)

   I have obviously recovered but this time I am serious, I must give up the Chairmanship of the AFP/AAC.

   Now at age 84 I think I have done my bit!

Ed Halayko

 

 



   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:- afp.aac.ewh@sympatico.ca

Web Site: www.afp-aac.org 

_______________________________________________________________________________________

 Merry Christmas

2005

 

     1 (519) 471-9232

 

     afp.aac.ewh@sympatico.ca

 

      www.afp-aac.org