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ATTENTION CANADIAN MILITARY FAMILIES : Did you or a family member receive VAC disability benefits between 2003 and 2023?

A class action settlement may affect you. Please read this notice carefully

 

On 17 January 2024 the Federal Court approved a settlement in a class action involving alleged underpayment of certain disability pension benefits administered by Veterans Affairs Canada (“VAC”) payable to members or former members of the Canadian Armed Forces (“CAF”) and the Royal Canadian Mounted Police (“RCMP”) and their spouses, commonlaw partners, survivors, other related individuals, and estates (the “Settlement”).

If you received any of the disability-related benefits listed below at any time between 2003 and 2023, you may be entitled to compensation under the Settlement. As the executor, estate trustee, administrator, or family member of a deceased class member who collected VAC-administered disability benefits, you may also be able to claim on behalf of the estate.

If you are entitled to compensation under the Settlement and you have an active payment arrangement with VAC, such as direct deposit, you do not need to do anything to receive payment. If you are claiming on behalf of a deceased veteran of the CAF or RCMP, including as the executor, trustee, administrator of an estate, or a family member, you must submit a Claim Form to KPMG Inc., the administrator responsible for handling claims available at:

KPMG Inc.

C/O Disability Pension Class Action Claims Administrator

600 boul. de Maisonneuve West, Suite 1500

Montréal, Québec H3A 0A3

Online: https://veteranspensionsettlement.kpmg.ca/

E-mail: veteranspension@kpmg.ca

For assistance with submitting a Claim Form, please contact the Administrator’s dedicated call center at 1-833-839-0648, available Monday to Friday, 8:00 AM to 8:00 PM (Eastern Time).

The deadline to submit a claim is 19 March 2025. All eligible claimants are entitled to receive legal assistance free of charge from Class Counsel for purposes relating to implementing the Settlement, including preparing and/or submitting a claim to the Administrator.

You may contact Class Counsel for more information or for assistance with filing a claim, at info@vetspensionerror.ca, or 1-866-545-9920. To see the full text of the Final Settlement Agreement, please visit https://vetspensionerror.ca/court-documents/.

WHO IS INCLUDED?

The Settlement covers members and former members of the CAF and the RCMP and their spouses, common–law partners, dependents, survivors, orphans, and any other individuals, including eligible estates of all such persons, who received—at any time between 2003 and 2023—disability benefits based on annual adjustments of the basic pension under s. 75 of the Pension Act (the “Class Members”). The terms of the Settlement are binding on Class Members. The Settlement includes releases of claims asserted in the certified Class Action.

WHAT ARE THE AFFECTED BENEFITS?

The Settlement affects prescribed annual adjustments of the following benefits:

  • Pension Act pensions for disability, death, attendance allowance, allowance for wear and tear of clothing or for specially made apparel and/or exceptional incapacity allowance;
  • RCMP Disability Benefits awarded in accordance with the Pension Act;
  • Civilian War-related Benefits Act war pensions and allowances for salt water fishers, overseas headquarters staff, air raid precautions works, and injury for remedial treatment of various persons and voluntary aid detachment (World War II);
  • Flying Accidents Compensation Regulations flying accidents compensation;
  • Veterans Well-being Act clothing allowance.

WHAT DOES THE SETTLEMENT PROVIDE?

The Settlement provides direct compensation to Class Members who receive (or have previously received) any of the Affected Benefits listed above, since

1 January 2003. Class Members will receive a single payment of about 2% of all Affected Benefits they have received since 1 January 2003. The total amount of compensation paid by Canada to the Class could be as much as $817,300,000.

This is only a summary of the benefits available under the Settlement. The full text of the Final Settlement Agreement (“FSA”) is available online at https://vetspensionerror.ca/court-documents/. You should review the entire FSA in order to determine your entitlement and any steps you may need to take to access compensation.

HOW AM I PAID?

Eligible Class Members who are currently collecting VAC-administered disability benefits or pensions will receive a Settlement payment automatically through the same payment method they currently use to collect benefits, including by direct deposit. Class Members who received Affected Benefits between 2003 and 2023 but who do not have a current payment arrangement with VAC will be required to make a claim with the Claims Administrator. This includes all Class Members who are deceased, and where an executor, estate trustee, administrator of an estate, or a family member is making a claimon behalf of that Class Member.

However, if a deceased Class Member has a survivor who is in receipt of VAC benefits and has a current payment arrangement, that survivor will automatically receive the deceased Class Member’s entitlement without the need to make a claim with the Claims Administrator.

HOW DO I MAKE A CLAIM?

If you do not have an active payment arrangement with VAC, you must submit a claim form with the Administrator.

You must submit a completed and signed Claim Form to the Administrator within the Claim Period. You are encouraged to use the Claim Form submission link available online at https://veteranspensionsettlement.kpmg.ca/

You may, however, submit your Claim Form to the Administrator using one of the following three methods:

1. online at https://veteranspensionsettlement.kpmg.ca

2. by e-mail to veteranspension@kpmg.ca; or

3. by mail to:

KPMG Inc.

C/O Disability Pension Class Action Claims Administrator

600 boul. de Maisonneuve West, Suite 1500

Montréal, Québec H3A 0A3

You may download a copy of the Claim Form available online at: https://veteranspensionsettlement.kpmg.ca/download/Claim-Form.pdf

If submitting electronically, the Administrator must receive your completed and signed Claim Form no later than 19 March 2025. If submitting by mail, your completed and signed Claim Form must be postmarked no later than 19 March 2025. For assistance with submitting a Claim Form, please contact the Administrator’s dedicated call center at 1-833-839-0648, available Monday to Friday, 8:00 AM to 8:00 PM (Eastern Time).

Please read and follow the instructions on the Claim Form. Class Counsel are also available, free of charge, to answer your questions and assist you with preparing your claim form.

The deadline to file a claim is 19 March 2025.

AM I RESPONSIBLE FOR LEGAL FEES?

You are not responsible for payment of legal fees. The Federal Court has approved Class Counsel’s fees (including HST) and disbursements to be automatically calculated and deducted from the Settlement amount you are entitled to receive before the payment is issued.

The Federal Court approved payments to Class Counsel equal to approximately 17% of each payment made under the Settlement for legal fees, disbursements, and HST.

The FSA contains additional details about Class Counsel fees, available online at https://vetspensionerror.ca/court-documents/

Class Counsel are available to assist Class Members through the claims process free of charge.

FURTHER INFORMATION?

For further information or to get help with your claim, contact Class Counsel at: https://vetspensionerror.ca/ or Call: 1-866-545-9920 or info@vetspensionerror.ca

DO YOU KNOW ANY OTHER RECIPIENTS OF A VAC DISABILITY PENSION?

Please share this information with them.


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