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Home Clients Bill C-41 and RCMP Members

RCMP Members May Access Disability Benefits While Still Serving

Q1 What is the Pension Act and how does it impact on members of the RCMP?

The Pension Act is an Act that provides the authority to award a disability pension to members of the RCMP who can satisfy Veterans Affairs Canada (VAC), the administrator of the legislation, that the permanent disability or death for which the application is being made is service-related.

On June 11, 1998, Bill C-12, an Act to amend the Royal Canadian Mounted Police Superannuation Act was passed. With the passage of this Bill, serving members of the RCMP can receive a disability pension while serving if the permanent disability is related to service on a United Nations peacekeeping mission and in a Special Duty Area (SDA)*. All other successful applications related to service outside of an SDA were payable only after discharge.

*SDA's are geographical locations within the United Nations (U.N.) peacekeeping missions that have been assessed as having a higher than average potential for volatility. Not all U.N. peacekeeping missions are designated as SDA's.

Bill C-41, which received Royal Assent on October 20, 2000, is an act to amend the statute law in relation to veterans' benefits. It allows all still serving RCMP members who have sustained permanent service-related disabilities, regardless of where the member was serving when the disability was sustained, to collect a disability pension while still serving.

Q2 Why was the legislation amended to grant this additional benefit to the RCMP?

Canadian Forces (CF) and RCMP personnel who sustain a permanent service-related disability resulting from service in an SDA such as Bosnia or Kosovo can receive a disability pension benefit while serving. Pensions for permanent service-related disabilities sustained in Canada previously were not paid until after discharge or retirement. This treatment was viewed as unfair since the pain and suffering from an injury or illness is the same regardless of where the accident occurred.

This legislation will give RCMP members access to the same disability program as the Canadian Forces (CF). Members of the RCMP and CF have historically had the same disability benefits under the Pension Act.

Q3 If I believe that I have a permanent disability that may be related to my service in the RCMP, how do I make application for such a claim?

You should immediately contact the nearest VAC District Office, (also found in the blue pages of your phone book) or a branch of The Royal Canadian Legion. The VAC Pension Officer or Legion Service Officer will assist you with your application.

Remember, the decision rendered by VAC depends on the evidence you are able to provide including the content of your medical file as well as any statements from witnesses reflecting the connection between the permanent disability and your duties.

Q4 If I have already made an application for a service-related permanent disability and have received a favourable decision what should I now do?

Veterans Affairs Canada will be contacting all members who have received a favourable ruling to arrange for a medical examination that will determine their current level of disability. If you are not contacted within 6 to 8 weeks, you may wish to call your nearest VAC District Office directly to make arrangements for this medical examination.

Q5 As a serving member who has been awarded disability pension entitlement, when can I expect to receive payment for my disability pension claim?

Once you have been examined and if your level of disability has been assessed at greater than nil, payment(s) will be made as soon as possible thereafter. These payment(s) will be effective the date the provisions in the new legislation come into force on October 27, 2000.

Q6 If I am a serving member of the Canadian Security and Intelligence Service (CSIS) am I entitled to the payment of Pension Act benefits while serving?

Those members of the RCMP Security Service who became members of CSIS upon the coming into force of the CSIS Act and transitional provisions in 1984 AND still remain contributors under authority of the RCMP Superannuation Act have the same benefit entitlements as serving members of the RCMP. They are, in fact, still members of the Force employed by CSIS and are covered under the Pension Act.

Those members of CSIS, however, who contributed to the Public Service Superannuation Act (PSSA) would not qualify for Pension Act benefits.

News release - October 20, 2000 - Bill to Assist Wartime Civilians and Present-day Canadian Forces Members Receives Royal Assent

News release - October 6, 2000 - RCMP Members to Access Disability Benefits While Still Serving

 
Updated: 2000-10-27