By Julius Melnitzer | March 6, 2023
The Federal Court has ruled that the termination of long-term disability benefits for employees who become eligible to receive unreduced pension benefits doesn’t amount to age discrimination.
The case arose from the terms of a collective bargaining agreement between Air Canada and the Air Canada Pilots Association. The agreement provided that pilots were eligible to retire with an unreduced pension at age 60 with 25 years of service or otherwise at age 65. The agreement also included a group disability income plan for pilots on LTD. Pilots who were eligible for an unreduced pension, however, didn’t qualify for LTD if they became unable to work.
When Roy Bentley, a pilot, turned 60 and learned he wouldn’t receive LTD benefits if he became disabled, he filed a human rights complaint. He alleged the disentitling provisions were discriminatory on the basis of age and the union supported his application. MORE . . .
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
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