The Supreme Court of British Columbia has certified two court cases as class actions. Both actions have been brought against the Government of Canada and allege that portions of the Public Service Superannuation Act and the Canadian Forces Superannuation Act discriminate on the basis of age. Under both pieces of legislation, the death benefit paid to surviving spouses is reduced by 10% per year for each year that the participant’s age at the time of death was over sixty-five. (Please note that, prior to September 19, 1999, the declining benefit applied after the age of sixty, rather than sixty-five.)
The plaintiffs, both residents of British Columbia, say that the declining death benefit for surviving spouses and other beneficiaries is contrary to the Canadian Charter of Rights and Freedoms and are hoping to recover the unpaid benefits for themselves and all class members.
The Public Service Alliance of Canada seeks to provide you with the general information on these cases, not to provide you with legal advice. The Branch MacMaster, Giaschi & Margolis and Arvay Finlay law firms initiated these actions and are in a better position to provide you with additional information.
In order to find out more about these class actions, contact the law firms and/or determine whether you should opt in, please consult the following web site:
http://www.branmac.com/Pages/deathbenefits_notice.html
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Date Modified : 2008/03/31
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