The federal government of François Legault has determined to attraction the current ruling of the Quebec Administrative Tribunal (TAQ), which put an finish to monetary discrimination towards 28,000 aged folks with disabilities.
Keep in mind that her QPP retirement pension was lowered as a result of two discriminatory articles of the QPP Legislation.
Pursuant to Sections 120.1 (enacted) and 120.2 (repealed in 2022), these disabled seniors have had their retirement pensions drastically lowered, for instance by 24% to 36% in comparison with the traditional pension that the RRQ pays a person when she or he reaches age 65 of authorized age.
Is it as a result of insensitivity, lack of empathy and since I don’t care about our disabled seniors, the CAQ authorities has determined to attraction this ruling that pressured the RRQ to deal with our disabled Quebec seniors the identical monetary phrases as disabled Canadian seniors who’re insured by the Canada Pension Plan (CPP)? Uh sure! You will need to emphasize right here, in broad phrases, that the CPP, in contrast to the QPP, doesn’t scale back the retirement pension of disabled folks aged 65 and over who obtained incapacity advantages between the ages of 60 and 64.
• Additionally learn: The unacceptable monetary discrimination towards disabled folks within the pension system
• Additionally learn: Quebec is favorable for survivors with its $2,500 demise profit
• Additionally learn: Greater than 400,000 seniors in Quebec are poor
Nonetheless, I’ve requested the minister chargeable for the RRQ, the Minister of Finance Eric Girard, to elucidate to me why the Legault authorities has determined to attraction the ruling of the Administrative Court docket (TAQ) which invalidates articles 120.2 and 120.1 of the RRQ said the legislation violates Part 15 of the Canadian Constitution of Rights and Freedoms and can’t be justified underneath Part 1 of the Canadian Constitution of Rights and Freedoms. And consequently, Justices Stéphan Dulude and Karl Lefebvre of the TAQ declared these two articles of the RRQ legislation inapplicable “as a result of they’re incompatible with the Constitutional Act 1982, Schedule B to the Canada Act 1982, to the extent that they violate equality undermined” (Article 15), based mostly on psychological and bodily deficiencies,” they wrote.
These articles (120.2 and 120.1) be certain that disabled individuals who obtain QPP incapacity advantages between the ages of 60 and 65 may have their QPP pension lowered by a number of thousand {dollars} at age 65. This doesn’t apply to CPP beneficiaries. This reveals that disabled Quebecers are penalized in comparison with disabled Canadians.
CAQ REPLICA
Right here is Minister Eric Girard’s remark and the the reason why he’s interesting the Administrative Court docket ruling that put an finish to monetary discrimination towards our disabled seniors.
“We’re conscious of the state of affairs of disabled folks and that’s the reason our authorities has elevated the QPP outdated age pension for these folks in 2022. This case is being heard in court docket and we are able to solely make restricted feedback.” You will need to keep in mind the very tough context in 1997 when the choice was made to vary the retirement pension of a incapacity pension recipient. This was a part of a collection of measures to make sure the sustainability of the QPP that affected all plan members. Specifically, we think about that the TAQ didn’t think about all related parts of proof. Lastly, we want to keep in mind that the standards for a disabled individual to obtain a incapacity pension underneath the Quebec Pension Plan are broader than these underneath the Canada Pension Plan.”
REALITY
At this time, there are 28,000 disabled seniors in Quebec who’re really victims of monetary discrimination by the QPP. This plan, it ought to be famous, is funded by contributions paid by staff and their employers, and never by the Quebec authorities.
The QPP plan is in excellent monetary form, guaranteeing its sustainability. As of December 31, 2022, the RRQ had a reserve of $106 billion.
In brief, the Legault authorities has no good motive to discriminately deal with disabled seniors in Quebec in comparison with Canadian seniors lined by the CPP.
That the Prime Minister François Legault, his Minister of Finance Eric Girard and his Minister of Justice Simon Jolin-Barrette rethink their choice to attraction the ruling of the Administrative Court docket that put an finish to the shameful monetary discrimination towards our disabled elders.
Final level!
