PERIODICAL - Sep 2007

Issue No: 200716

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Part 1-Fact Sheet / Part 2-Sean Bruyea / Part 3-Ron Cundell / Part 4-Perry Gray

PART 1

Press Conference: Discrimination of Disabled Soldiers 13 Sep 

 07-FACT SHEET

SISIP (Service Income Security Insurance Plan): Long Term Disability (LTD) Plan for Canadian Forces (CF)  Personnel 

1)      SISIP LTD is governed by Treasury Board of Canada, the Chief of Defence Staff is the Policy holder, SISIP Financial is the administrator and Manulife is the insurer.[i]

2)      SISIP Financial belongs to the Canadian Forces members and its operating costs are paid for out of the insurance premiums paid by CF members.[ii]

3)      CF soldiers pay 15% of the premium and Treasury Board pays 85%.[iii]

4)      SISIP pays 75% of salary at release and is taxable.[iv]

5)      SISIP deducts Veterans Affairs (VAC) Pension Act monthly Disability Awards.[v]

6)      As of June 27 2007, 9470 serving CF soldiers justly collect VAC Disability Awards (monthly and lump sum) plus 100% of their salary.[vi]

7)      Approximately 4000 injured soldiers who have been forced out of the military have or have had their VAC disability awards deducted from their SISIP LTD.[vii]

8)      New Veterans Charter (NVC) benefits package which applies to all CF soldiers injured after April 1, 2006. Monthly Disability Awards replaced by one-time lump sum payment[viii]

9)      SISIP does not deduct one-time lump sum disability awards but continues to deduct monthly disability awards.[ix]

10)   SISIP in 2005 had annual net profit of almost $20 million and an unallocated surplus of $263 million. Manulife had a net profit of almost $4 billion for 2006.[x]

11)   Federal Surplus was $9.2 billion in 2007 and expected to be $6.4 billion in 2008.[xi]

12)   Office of Superintendent of Financial Institutions (OSFI) checked number provided by Manulife to stop these deductions retroactively 7 years and go forward approximately 20 years: total cost is $275 to $295 million.[xii]

13)  Average cost per year is $10 million ($275 million/27 years (20 plus 7 years)).[xiii]

Federal Public Service Long Term Disability vs. SISIP Long Term Disability -Federal Public Service (PS) (including Members of Parliament) Long Term Disability Facts:

1)      Not allowed to deduct Veterans Affairs Pension Act Awards and Canadian Forces retirement pension plan (CFSA) but SISIP deducts 100% of both.[xiv]

2)      MP’s and senior bureaucrats do not pay for their Long Term Disability Plan. [xv]

3)      Free insurance for 2) while on disability. Five free plans. Soldiers must pay.[xvi]

4)      0% of rehabilitation income deducted from PS Long Term Disability vs. 50% for SISIP.[xvii]

5)      Treasury Board (TBC) will step in and cover deficit for Public Service Disability plan but TBC will not cover deficit run by SISIP.[xviii]

6)      Only 2 years of  PS service to receive retirement pension, CF requires 10 years. [xix]

7)      Contribute to PS retirement while on Long Term Disability, SISIP not possible.[xx]

8)      3% annual increase vs. 2% for SISIP.[xxi]

Support to Stop the “Profoundly Unfair Deductions”

1)      Andre Marin first released report in November 2003 calling for an end to deductions.[xxii]

2)      Standing Committee on National Defence and Veterans Affairs unanimously endorsed Andre Marin’s Report and urged the “Defence Minister and government forthwith”. Prime Minister Harper, Defence Minister McKay, Veterans Affairs Minister Thompson and Treasury Board President Vic Toews were all associate members of the committee.[xxiii]

3)      Both Andre Marin and Yves Cote have urged the government to stop the fundamentally unfair deductions on in at least five different reports and letters over four years. [xxiv]

4)      November 7, 2006, majority of House passed Veterans First Motion which included requirement for the government to “eliminate the unfair reduction of SISIP”.[xxv]

5)      Minister O’Connor Speaking on behalf of the “Government” stated that the conservative government “we will resolve the issue” in parliament on March 27 2007. [xxvi]

6)      Royal Canadian Legion has called for an end to the Unfair Deductions from SISIP. [xxvii]

[1] http://www.sisip.ca/en/Insurance_e/ltd_e.asp  SISIP Long Term Disability Frequently Asked Questions

[1] http://www.cfpsa.com/en/corporate/services/media/Reports/2006/FinancialStatements2006_e.pdf see page 29 of CFPSA audited statements to see expenses. This fact also confirmed in telephone conversations between Sean Bruyea and SISIP representatives

[1] http://www.sisip.ca/en/Insurance_e/ltd_e.asp  SISIP Long Term Disability Frequently Asked Questions

[1] http://www.sisip.ca/en/Insurance_e/ltd_e.asp  SISIP Long Term Disability Frequently Asked Questions

[1] http://www.sisip.ca/en/Insurance_e/ltd_e.asp  SISIP Long Term Disability Frequently Asked Questions

[1] Question sent to VAC Research Directorate by Sean Bruyea. Answer available on request.

[1] http://www.ombudsman.forces.gc.ca/mr-sm/ls-lc/2007/ftiv-tjac-eng.asp

[1] http://www.vac-acc.gc.ca/clients/sub.cfm?source=forces/nvc/programs/da   

   http://www.sisip.ca/en/Insurance_e/ltd_e.asp   see “What are the benefits under the LTD?”

[1] http://www.sisip.ca/en/Downloads_e/901102_e.pdf  see p. 41 Sections 24(a)(iv) and 24(c)

[1] http://www.cfpsa.com/en/corporate/services/media/Reports/2006/FinancialStatements2006_e.pdf

    See pp. 28,29  and for Manulife:

   http://tsedb.globeinvestor.com/invest/investSQL/tsx.company_prof?company_id=&symbol_in=MFC-T

[1] http://www.budget.gc.ca/2007/bp/bpc7e.html  see Highlights and Fiscal Outlook Before the Measures Proposed in  the 2007 Budget

[1] http://www.ombudsman.forces.gc.ca/mr-sm/ls-lc/2007/ftiv-tjac-eng.asp  see Section II subsection 2.

20 years estimated by presenters assuming average age of LTD recipient of 45 years old paid till 65.

[1] The seven years is the retroactive amount recommended by the DND Ombudsman reports since 2003.  The 20 years is an average number of years going forward assuming the average age of an LTD recipient is 45 years and SISIP LTD payments end at age 65.

[1] SISIP deduct CFSA: http://www.sisip.ca/en/Downloads_e/901102_e.pdf  see p.41, section 24 (a)(i)

    PSMIP LTD not deduct CFSA: http://tpsgc.gc.ca/compensation/iam/iam-4-8-15-e.html  under exceptions

    PS DI not deduct CFSA: http://tpsgc.gc.ca/compensation/iam/iam-3-11-6-e.html under exceptions

[1] http://www.tbs-sct.gc.ca/hr-rh/bp-rasp/benefits-avantages/dip-rai/overview-contexte_e.asp  see: “Unless

you are a member of the Executive Group, you pay a monthly premium for your disability benefits coverage. The Employer pays 100% of the costs of coverage for members of the Executive Group.”

[1] http://www.tbs-sct.gc.ca/Pubs_pol/hrpubs/TB_863/psmipex1_e.asp#28 “waiver of premium”

[1] SISIP deducts 50%: http://www.sisip.ca/en/Downloads_e/901102_e.pdf  see p.44,  Section 28

DI deducts 0% until 100% of salary: http://tpsgc.gc.ca/compensation/iam/iam-3-11-10-e.html

PSMIP deducts 0% until 100% of salary: http://tpsgc.gc.ca/compensation/iam/iam-4-8-16-e.html    

[1] This information comes from a confidential source. However, Sean Bruyea can point to where to ask for  

this information

[1]http://www.admfincs.forces.gc.ca/admfincs/subjects/cfao/212-01_e.asp  see Annex A 4. b.b.

[1] To be located.

[1] SISIP 2%: http://www.sisip.ca/en/Downloads_e/901102_e.pdf  see p. 41, Section 23 c.

    PS PSMIP LTD 3%: http://tpsgc.gc.ca/compensation/iam/iam-4-8-18-e.html

    PS DI: http://tpsgc.gc.ca/compensation/iam/iam-3-11-8-e.html

[1] http://www.ombudsman.forces.gc.ca/rep-rap/sr-rs/sis-rar/index-eng.asp

[1] Resolution: http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=3281&Lang=1&SourceId=65309

Membership:  http://cmte.parl.gc.ca/cmte/CommitteeList.aspx?Lang=1&PARLSES=372&JNT=0&SELID=e18_&COM=3281&Print=1

[1] http://www.ombudsman.forces.gc.ca/rep-rap/sr-rs/sis-rar/index-eng.asp http://www.ombudsman.forces.gc.ca/rep-rap/ar-ra/2004-2005/report-rapport-eng.asp#Taking_Care

http://www.ombudsman.forces.gc.ca/mr-sm/ls-lc/2005/sisip-rarm-eng.asp

http://www.ombudsman.forces.gc.ca/mr-sm/ls-lc/2007/ftiv-tjac-eng.asp

http://www.ombudsman.forces.gc.ca/mr-sm/ls-lc/2007/sisip-rarm02-eng.asp

[1]http://www.ndp.ca/page/4515

[1]http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=39&Ses=1&DocId=2805041&File=0  Minister O’Connor “Mr. Speaker, this issue has been in existence since 2003. The previous government did not resolve the issue. We now have the recommendations and we will resolve the issue.”

[1] http://www.ombudsman.forces.gc.ca/mr-sm/ls-lc/2005/sisip-rarm-eng.asp

PART 2 

Discrimination of Disabled Soldiers: “We support the troops” Must Continue Long after the Troops come Home Disabled

Press Conference: Wednesday 13 September 2007

Text: Intro and Conclusion-Sean Bruyea

Good Morning. My name is Sean Bruyea. Joining me today are family members and injured CF soldiers who served in such diverse conflicts and missions as Bosnia, Cyprus, Somalia, Haiti, Golan and the Gulf War. We are here to call upon the government to stop the outright discrimination of disabled CF soldiers who are too ill to be employed.

Imagine two corporals serving in Afghanistan in 2005. Both soldiers were ambushed and wounded by the Taliban. One soldier is knocked unconscious and suffers an injury to his back and knees. He later partially recuperates but is unable to endure the physical stress of the infantry and is retrained by the military. He is granted a disability award from Veterans Affairs for the pain and suffering of his permanent back and knee injury which pays him approximately $1000 per month on top of 100% of his salary.  He continues to serve today.

The second soldier has his foot shattered but remains conscious to defend his comrade for an hour until help arrives. Part of his foot is later amputated and some long term post traumatic stress disorder develops. He is eventually deemed medically unfit to serve in the CF and is forced to leave the military. After a long paper fight with Veterans Affairs the soldier is granted a $1000 per month disability award for pain and suffering. Since this soldier is unable to be employed, he goes on the Canadian Forces Long Term Disability called the Service Income Security Insurance Plan or SISIP. SISIP pays the released corporal 75% of his Forces income but then deducts the Veterans Affairs award for pain and suffering.

Not only is the second soldier forced to leave the military, a career he planned on having for life, he is now unemployable. He has his salary reduced to 75%. Then adding insult to injury his award for pain and suffering is deducted from his already reduced salary.

The DND Ombudsman Yves Cote called these deductions “Fundamentally” and “Profoundly Unfair” and this SISIP “inequity might very well be serious enough to attract the protection of human rights legislation” including  the Canadian Charter of Rights and Freedoms, which “identify physical and mental disabilities as prohibited grounds of discrimination.”

The first DND Ombudsman brought these Unfair Deductions to the public’s attention in 2003. All political parties agreed the deductions were unfair. Two different DND ombudsman have written five separate letters and reports to the Minister of National Defence over the past four years. Parliament voted to stop these Unfair Deductions on November 7, 2006.

Meanwhile there are more than 4000 Injured Canadian Forces soldiers who have been forced to give up their careers for medical reasons. These 4000 CF veterans represent the most disabled of soldiers because they are unemployable for physical or psychological reasons. That is why these veterans qualify for Long Term Disability. It is these 4000 soldiers who have their awards for pain and suffering unfairly deducted from their already reduced income.

(two veteran speakers: Ron Cundell and Perry Gray)

As of June 27, 2007, there were 9470 men and women in uniform with the Canadian Forces who have been rightly and fairly authorized awards for pain and suffering from Veterans Affairs while continuing to collect 100% of their salary. Less than half that many Canadian Forces soldiers have been forced from the military due to medical disabilities while having their awards for pain and suffering unfairly deducted from their reduced incomes. As of 2006, the recent new veteran’s benefits pay a one-time lump sum to replace the monthly benefit for pain and suffering. This lump sum is not allowed to be deducted from Long Term Disability payments but the monthly benefit continues to be deducted.

According to the lawyer for the disabled soldiers, it is illegal for insurance companies to deduct pain and suffering payments from Long Term Disability income. Even the Federal Civil servant plan is not allowed to deduct ANY Veterans Affairs awards for pain and suffering.

These are some of the same bureaucrats who have likely been standing in the way of correcting this fundamental injustice. First they claimed that they had to study the matter. Their four year delay forced veterans to go to court. Now, the bureaucrats have apparently advised the Minister of National Defence that due to the court action, this injustice cannot be discussed. This is highly disingenuous. I have a letter from the legal team for the veterans who states that he is ready to discuss this at any time. Unfortunately, I suspect some bureaucrats are very happy with the issue going to court as they can delay another 4 or even 40 years.

Canadian Forces members do not have a union like Federal Civil servants to defend us, from, well, certain federal civil servants. CF members are not allowed to speak out about such injustices. The overwhelming majority of retired disabled  soldiers are too ill and too ashamed to speak out. I ask Canadians to commend these brave veterans here today who are willing to talk about such extremely difficult matters.

Talking about personal struggles with finances and family life is one of the most difficult things for a proud soldier to do. If I can’t protect my family, what kind of a soldier am I? A military chaplain once said to me regarding the fact that so few disabled soldiers speak out publicly: “Sean, soldiers refuse to speak out because they see it as begging and begging robs humans of their pride and dignity and sometimes that is all a disabled soldier has left.”

How much more indignity must Canada’s bravest and most disabled soldiers need to suffer to right a wrong when everyone admits it is wrong? This issue can be resolved today, right now. We have gone to war for Canadians. We did not sacrifice our health and the stability of our families to fight another war with bureaucrats who ignore our elected officials. We only want returned to us what has been illegally and unjustly taken.

It has become a mantra to say “we support the troops” but there must be substance behind these words. Support for the troops needs to be real and it needs to continue long after the soldiers come home.  Otherwise bureaucrats can continue taking advantage of the silence of serving and disabled soldiers and their families making "support the troops" decals and t-shirts nothing more than empty words.  

PART 3

Discrimination of Disabled Soldiers: “We support the troops” Must Continue Long after the Troops come Home Disabled

Press Conference: Wednesday 13 September 2007

Text: Part 3-Ron Cundell

Good morning, I am Ron Cundell and this is my wife Donna … In 1991 I was attached posted with the 1 Canadian Field Hospital for the Gulf War as a generator technician. I contracted an autoimmune disease called sarcoidosis during my tour in the Gulf. To date this disease has destroyed both upper lobes of my lungs, required four surgeries to my sinuses to remove excessive scarring, as well as five other surgical procedures due to the side effects caused by 10 years of immunosuppressive drug therapy in the treatment of sarcoidosis.

In November of 2000, the Canadian Forces medically released me from the military as they declared me unfit to serve. Since I contracted the disease in the Gulf War I qualified for a disability award from Veterans Affairs. As the disease spread from organ to organ in my body, the many doctors that have treated my disease over the years have all agreed employment at this time in my life is not an option. As a result, I have been on SISIP Long-Term Disability benefits for the last 7 years.

During this time, a discriminating and likely illegal policy has allowed SISIP to deduct every penny of my Veterans Affairs disability award from my long-term disability benefits. Well, this policy has been the excuse the federal government has used to steal almost $50 thousand dollars of my money over the last 7 years!

SISIP long-term disability is NOT a private plan. The Canadian Forces is the policyholder and the Treasury Board acting for the government of Canada governs the plan. Members pay 15% of the premium and the federal government pays the remaining 85% of the premium.

So I am here today to ask if there is any one Canadian citizen who thinks this theft of my Long-Term Disability benefits is ok? I believe that I can say with absolute confidence the answer to that question would be NO!

Thankfully, the politicians all agree. In 2003, all political parties of the Standing Committee on National Defence and Veterans Affairs unanimously demanded that the federal government stop these unfair Deductions of SISIP. Prime Minister Harper, Defence Minister McKay, Veterans Affairs Minister Thompson and president of the Treasury Board Vic Toews were all associate members of the Standing Committee, which voted to immediately stop the unfair deductions from our long-term disability. Furthermore last November, the majority of Parliament voted to stop the unfair deductions.

Certain senior bureaucrats appear to be stopping the politicians from carrying out the democratic will of all Canadians. These are the same bureaucrats who have a long-term disability plan which ironically is far superior to the Canadian Forces SISIP plan. The Federal Civil Servant plan does not deduct Veterans Affairs Disability Awards. Furthermore, the senior bureaucrats get their plan for free paid for 100% by Canadian taxpayers!

To simply put it…because I got too sick from my time in the Gulf War these senior bureaucrats think it is acceptable to punish me by stealing the long-term disability benefits that rightfully belong to my wife and I…thank-you.

PART 4

Discrimination of Disabled Soldiers: “We support the troops” Must Continue Long after the Troops come Home Disabled

Press Conference: Wednesday 13 September 2007

Text: Part 4-Perry Gray

Good Morning. My name is Perry Gray. I am a 26-year veteran of the Canadian Forces having served with the United Nations in Cyprus and the former Yugoslavia. Due to my military service, I suffered severe and permanent psychological injuries. The military recognized me as permanently incapacitated and I was forced to retire in 2002.

As an unemployed intelligence officer, I found myself responsible for raising a family with two young children on 50% of what I was earning while trying to get more support from Veterans Affairs in a convoluted and adversarial appeal system. Having lost my career while suffering my medical symptoms was difficult to say the least. When the financial difficulties were added in along with increased medical expenses, my life quickly deteriorated. My family and I suffered immensely as we struggled to cope financially while dealing with my worsening medical condition.

Tragically, my family fell apart. My wife and children left me. I did not cope well and could barely manage my personal care let alone the bills. As an officer and a soldier, I willingly endured dangerous situations and witnessed great tragedies. As a broken soldier, I could not remember to take my medication let alone face the threatening telephone calls from collection agencies.

Financial reality hit home when my truck was repossessed and I was within days of loosing my house to the bank. By some miracle, friends stepped in to save what was assuredly a downward progression to bankruptcy and homelessness

My life is more stable now. A financial advisor administers all my financial affairs and I must endure a five-year repayment period plus many more years before regaining a reasonable credit rating.

I take pills and attend weekly therapy sessions in order to help me cope with mundane things like grocery shopping and opening mail.  Standing in front of an audience to speak is a very overwhelming experience that increases my insomnia and anxiety significantly.

Despite all that I have suffered, I still consider myself more fortunate than many soldiers, who have also been disabled.  I at least have a military pension, something that is paid only after 20 years of service.  I also sought help, which many young veterans do not seek and therefore must cope with their problems alone.

I am proud of my service to Canada and Canadians and all that Canada stands for including good government. When I was ordered into a dangerous situation, I did not refuse. That is why I find it difficult to understand why faceless and nameless bureaucrats can ignore all political parties which have called for an end to these unfair deductions. I did not vote for the bureaucrats. I did not risk my life for bureaucrats who ignore the sanctity of Canada ’s democratic values.

Please Canada , help me believe that my sacrifice for Canadians was worth it.

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