Former Canadian Armed Forces Class Action Lawsuit Filed Over Retirement Benefit Program

The government of Canada misled former Canadian Armed Forces members who suffer from severe disabilities due to their service about the eligibility requirements for a Supplemental Retirement Benefit program, bilking them out of thousands, alleges a proposed class action lawsuit.

Lead plaintiff, Sean Bruyea, says he served in the Canadian Armed Forces starting on June 16, 1982. As result of his service, Sean says, he now suffers from a number of medical conditions that have left him disabled. In fact, according to the complaint, Sean has been determined to be “Totally and Permanently Incapacitated” under the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

Allegedly Misinformed About Supplemental Retirement Benefit Program

The plaintiff alleges that he and other former Armed Forces members have suffered debilitating injuries as a result of their military service. However, the government of Canada has allegedly misinformed disabled veterans about eligibility requirements for a  Supplemental Retirement Benefit (SRB) program.

“Because of their disabilities, the Plaintiff and the Class are, by definition, vulnerable and marginalized,” asserts the class action lawsuit Canada. “Numerous audits and evaluations by the Auditor General of Canada and [Veterans Affairs Canada] have found that government employees assigned to help Veterans lack sufficient training, expertise, and awareness of programs in order to explain and communicate the programs to Veterans. Veterans themselves are therefore confused and struggle to comprehend the benefits and service programs sponsored and administered by the Defendant, and consequently do not receive benefits and services to which they are entitled.”

According to the proposed SRB program class action lawsuit, because of these documented limitations of service members with disabilities, the Supplementary Retirement Benefit program was established by the government of Canada.

“The Supplementary Retirement Benefit program was established by the Defendant in order to ameliorate the negative impact that service-related disabilities had on a Veteran’s pension earnings and retirement savings,” explains the class action lawsuit.

The Supplementary Retirement Benefit program allegedly provided eligible former Canadian Armed Forces members a lump sum benefit at retirement age that should amount to 2% of their “Earnings Loss Benefit,” minus any offsetting income.

Complex Retirement Program Eligibility Requirements

The plaintiff says that he thought he had completed the steps necessary to maximize his benefit under the SRB program; however, the eligibility requirements were so complex and interconnected, he says he lost out on the full benefit due to him.

“Because of the complexity and interconnectedness of the benefit schemes and the Defendant’s representations — which the Plaintiff and other Class Members relied on — the Plaintiff and other Class Members were not eligible to receive the SRB, even though they would have been entitled to these receive these benefits had they been reasonably advised and informed by the Defendant about’ the SRB, its eligibility requirements, and the steps they needed to take in order to maximize their benefit entitlements under the SRB program,” alleges the complaint.

The Canadian Armed Forces retirement class action lawsuit seeks to represent former members who meet three criteria that would have made them eligible for the Supplementary Retirement Benefit program. The criteria include:

• That they were approved or would have been approved to be in a rehabilitation program sponsored by Veterans Affairs Canada
• they were or would have been deemed to be “Totally and Permanently Incapacitated” and/or suffering “Diminished Earnings Capacity” as defined under the law
• they were or would have been approved for an Earnings Loss Benefit.

This is not the first group of veterans to allege that the Canadian government reduced their benefits. In November of 2019, a class action lawsuit alleging the government inexplicably reduced the pension benefits of military members was certified by a federal court.

Are you a former Canadian Armed Forces member? Are you concerned about the SRB class action lawsuit allegations? We want to hear your thoughts. Tell us in the comment section below.

The lead plaintiff and proposed Class Members are represented by Peter J. Driscoll, Murphy of Battista LLP.

The Canadian Armed Forces Supplemental Retirement Benefits Class Action Lawsuit is Bruyea v. Her Majesty the Queen, Case No. T-1106-20, in the Federal Court of Canada, Vancouver, B.C., Canada.

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