What is the Miscalculation of Disability Pensions Class Action?
This class action concerns allegations against the Government of Canada for miscalculating certain disability pensions and benefits administered by VAC.
The Federal Court has defined the Class as follows:
All members and former members of the Canadian Armed Forces and Royal Canadian Mounted Police, and their spouses, common-law partners, dependents, survivors, orphans, and any other individuals, including qualifiable estates of all such persons, who received, at any time between 2003 and December 2023, disability pensions, and other benefits from VAC that were affected by the annual adjustment of the basic pension under section 75 of the Pension Act.
Class Members qualifiable for compensation fall into one of two groups: the “VAC Payment Group”, and the “Claims Based Payment Group”.
The “VAC Payment Group” includes Class Members with an existing payment relationship with VAC. VAC will pay this group automatically through the usual payment process. These group members do not have to make a claim.
Class Members who do not have an existing payment relationship with VAC fall into the “Claims Based Payment Group”. To receive payment Class Members in this group are required to submit a Claim Form and the Administrator will assess their claim.
Please note that the time has now passed to object to the settlement or class counsel fees. The time has also passed to opt out of this class action.
As of 19 March 2024, if you are a Class Member that is part of the Claims Based Payment Group, you may submit a claim online.
The personal information provided in your claim form may be disclosed to Class Counsel, VAC, or an auditor, if applicable, for the purpose of: validating identity; carrying out any lawful investigations to confirm that you are a qualifiable Class Member; processing of claims; development of payment strategy; and/or reporting obligations. KPMG Canada may process applications using automation to support processing of decision-making. Any personal information collected, used, or stored by KPMG Canada as part of this process will be in accordance with KPMG Canada’s Privacy Policy.
For more information on the process and your rights, please refer to the Court documents on the Documents page.
Below are the court documents that are available for your reference.
Claim Form
[PDF 687 KB]
Short Form Notice
[PDF 259 KB]
Long Form Notice
[PDF 293 KB]
Final Settlement Agreement, 8 November 2023
[PDF 258 KB]
Settlement Overview
The Final Settlement Agreement (FSA) addresses an alleged miscalculation and resulting underpayment of disability pension benefits for members and Veterans of the Canadian Armed Forces and the Royal Canadian Mounted Police and their spouses, common-law partners, dependents, survivors, or estates.
The Federal Court has approved the settlement value of up to $817.3 million. The settlement payment for each Class Member is calculated based on a formula that considers the sum of all affected benefits paid to a Class Member during the period from 2003 to 2023 (“relevant period”).
Class Members who currently receive disability pensions directly from Veterans Affairs Canada (VAC) are part of the VAC Payment Group. Members of this group will automatically receive settlement payments from VAC.
Living Class Members, estates and survivors who do not currently receive disability pensions directly from VAC are part of the Claims Based Payment Group and will be required to file a Claim Form. The Claim Form must be received electronically no later than 19 March 2025, 11:59 PM (Eastern Time), or if mailed must be postmarked no later than 19 March 2025.
The FSA provides that, all Class Members that have not opted out release the government from all potential claims arising from the miscalculation.
Eligibility and Claims
A Class Member is qualifiable for compensation if they received one or more of the below benefits at any time during the relevant period from 1 January 2003 to 31 December 2023:
• Pension Act pension for disability;
• Pension Act pension for death;
• Pension Act attendance allowance;
• Pension Act allowance for wear and tear of clothing or for specially made apparel;
• Pension Act exceptional incapacity allowance;
• Veterans Well-being Act clothing allowance;
• Civilian War-related Benefits Act war pensions and allowances for saltwater fishers, overseas headquarters staff, air raid precautions workers, and injury for remedial treatment of various persons and voluntary aid detachment (World War II);
• Flying Accidents Compensation Regulations relating to compensation for flying accidents.
• RCMP Disability Benefits awarded in accordance with the Pension Act.
If you are a Class Member who is part of the Claims Based Payment Group, you will need to submit a completed and signed Claim Form to the Claims Administrator within the Claim Period. The Claim Form must be received electronically no later than 19 March 2025, 11:59 PM (Eastern Time), or if mailed must be postmarked no later than 19 March 2025.
For inquiries related to the Affected Benefits or your status as a Class Member, contact Class Counsel:
- Phone: 1-866-545-9920
- Email: info@vetspensionerror.ca
Yes. Claims can be made on behalf of deceased Class Members by the following individuals:
- An Estate Trustee, Estate Administrator or Executor of a deceased Class Member’s estate; and
- A family member of a deceased Class Member as set out in the below table, or a charitable organization provided for by a deceased Class Member under a Will.
• Where there is only one Claimant, that person shall be paid the entitlement.
• Where there is more than one Claimant, the Administrator shall pay the person ranked highest in the following priority hierarchy:
| First Priority | Surviving spouse or common-law partner |
| Second Priority | Surviving child/children |
| Third Priority | Surviving grandchild/grandchildren |
| Fourth Priority | Surviving parent |
| Fifth Priority | Surviving siblings |
| Sixth Priority | Surviving nieces or nephews (including nieces-in-law and nephews-in-law) |
| Seventh Priority | Surviving next of kin |
| Eighth Priority | Charitable organization provided for by a deceased Class Member under a Will |
Should there be more than one Claimant with equivalent highest priority, the entitlement shall be divided equally among those Claimants.
The Claim Form must be received electronically no later than 19 March 2025, 11:59 PM (Eastern Time), or if mailed must be postmarked no later than 19 March 2025.
Class Members who currently receive disability pensions directly from Veterans Affairs Canada (VAC) are part of the VAC Payment Group. Class Members in that group will automatically receive settlement payments from VAC by direct deposit or cheque.
Living Class Members, estates and survivors who do not currently receive disability pensions directly from VAC are part of the Claims Based Payment Group and will be required to complete a Claim Form. The Claim Form must be received electronically no later than 19 March 2025, 11:59 PM (Eastern Time), or if mailed must be postmarked no later than 19 March 2025. Class Members who are part of the Claims Based Payment Group must submit a claim to KPMG to receive a settlement payment.
Claim Submission Process
You can complete and submit a Claim Form by visiting the Submit a claim page. Claimants are encouraged to submit the online Claim Form, as electronic submissions will be processed more quickly.
Claim Forms may also be downloaded and sent by mail or email.
You can download the Claim Form from the Documents page and submit a duly completed and signed Claim Form by email at: veteranspension@kpmg.ca or by mail to: KPMG Inc., C/O Disability Pension Class Action Claims Administrator, 600 boul. De Maisonneuve West, Suite 1500, Montréal, Québec H3A 0A3.
The Claim Form must be received electronically no later than 19 March 2025, 11:59 PM (Eastern Time), or if mailed must be postmarked no later than 19 March 2025.
The Claims Administrator will accumulate and review all claims received during the Claim Period, which is from 19 March 2024, to 19 March 2025.
The Claims Administrator is expected to review Claims from living Class Members and estates during the Claim Period with processing times varying depending on the completeness of information provided and the volume of claims received. Payments are expected to begin in Fall of 2024.
Claims from family members of deceased Class Members will not be processed until after all claims are received and the claim period closes; 19 March 2025, 11:59 PM (Eastern Time).
The Claims Administrator will review each claim for completeness and to determine if any information appears to be missing, the Claims Administrator will contact you and request any missing information. Additional documents can be added to your claim through the “Add Document” button in the “Existing Claim” section of your claim portal, once logged in to your account.
If you have an address or contact information change after submitting your claim, you can update this in your account settings.
Administrator Role
The Claims Administrator manages the collection and review of claims submitted by the Claims Based Payment Group. The Claims Administrator also manages the settlement distribution to the Claims Based Payment Group, ensuring that payments are processed efficiently and accurately to qualifiable Class Members.
The Government of Canada bears the cost of administration, ensuring that the settlement funds directly benefit the Class Members without diminishing their compensation.
Claim Types
If the estate of the deceased class member is still active, you must submit a claim under section 2 “A representative of an Estate of the deceased Class Member”.
Accepted claims submitted under section 2 “A representative of an Estate of the deceased Class Member” will be paid by cheque made out in the name of the estate of the deceased and not in the name of the claimant or the executor. It is the responsibility of the estate to ensure that the cheque can be cashed under the name of the estate of the deceased.
Accepted claims submitted under section 3 “A family member of the deceased Class Member” will be paid by cheque made out in the name of the Claimant.
Yes. You will need to submit an separate claim for each individual who received Affected Benefits during the Relevant Period (1 January 2003 to 31 December 2023).
Example: John Doe was a Veteran receiving Affected Benefits between 2003 until his death in 2010. His spouse, Jane Doe received Survivor benefits upon John’s death. Jane passed away in 2020. In this case, the claimant would submit two claim forms, one for John and another for Jane.
Payments
Class Members with a current payment relationship with VAC will receive payments automatically. Canada is required to complete all automatic payments by 19 December 2024.
If you do not have a current payment arrangement with VAC, you are required to submit a Claim Form to the Administrator to be eligible to receive compensation under the Settlement. The time required to process these claims will depend on a number of factors, including whether you are claiming on behalf of a deceased Class Member. The deadline to submit a claim is 19 March 2025 and all claims are required to be paid by 19 March 2026.
The amounts received as part of this settlement are not taxable.
Please direct any questions about a payment from VAC directly to them. You can reach VAC directly at 1-866-522-2122 or through your My VAC Account.
As of December 2024, most settlement payments to the VAC payment group have been paid by VAC via direct deposit or through your usual method of payment.
The VAC payment group consists of Class Members with an existing payment relationship with VAC.
These group members did not have to make a claim to receive a settlement payment.
Supporting Document Requirements
The information required varies depending on the type of Claim you are making.
In all situations, as a Claimant you must provide a method of contact and proof of identity. Specifically, you will be asked to provide the following information:
| If you are completing a Claim Form as a living class member | If you are completing a Claim Form as a representative of an estate of the deceased class member | If you are completing a Claim Form as a Living Survivor of a deceased class member | |
|---|---|---|---|
| In all situations, you must provide a method of contact and proof of identity | • Your email address; • Your mailing address; • Your phone number; • A valid proof of identity issued by a federal, provincial, territorial or state government authority. (To be considered acceptable, the valid proof of identity needs to include your name, date of birth and photo). |
||
| Depending on the type of Claim you are completing you will need to provide this additional information | • Your full name; • Your last name at birth, if applicable; • Your date of birth; • Your Veterans Affairs Canada identifier (CSDN ID, K number or Service number). |
• The full name of the class member; • The class member's last name at birth, if applicable; • The class member's date of birth, if known; • The class member's Veterans Affairs Canada identifier (CSDN ID, K number or Service number), if known; • Whether the class member left a will or not, if known; • The class member's address at their time of death, if known; • Your relationship to the class member's estate; • The will, court appointment or other document that demonstrates that you are the estate trustee, estate administrator or executor of the Deceased's estate. |
• The full name of the class member; • The class member's last name at birth, if applicable; • The class member's date of birth, if known; • The class member's Veterans Affairs Canada identifier (CSDN ID, K number or Service number), if known; • The class member's address at their time of death, if known; • Your relationship to the class member. |
KPMG will use any personal information collected exclusively for the purpose of processing and determining your entitlement to make a claim under the settlement. KPMG Canada may process applications using automation to support decision-making. Any personal information collected, used or stored by KPMG Canada as part of this process will be in accordance with KPMG Canada’s Privacy Policy.
KPMG may also disclose the personal information provided in support of your claim form to Class Counsel, Veterans Affairs Canada, or an auditor, if applicable, for the purpose of: validating identity; carrying out any lawful investigations to confirm that you are a qualifiable Class Member; processing of claims; development of payment strategy; and/or reporting obligations.
Yes. Each file size limit is 10 MB. The maximum files size for your account is 250 MB storage across all your claims.
When that quota is reached, the following message is displayed: "You have reached the maximum allowable file storage limit per user."
The file formats you can upload to your account are the following: .jpg, .jpeg, .png, .pdf
Please call the customer service for more instructions at 1-833-839-0648.
On the claim form, each Upload Document field is restricted to one document. Any additional documents can be uploaded after submitting your claim by navigating to the “Existing Claims” page and using the “Add Document” button.
Assistance and Witness Requirements
KPMG has established a dedicated call center to address general inquiries and to help individuals complete the online Claim Form. For assistance, please call 1-833-839-0648, Monday to Friday, 8:00 AM to 8:00 PM (Eastern Time).
No, the witness does not need to be a notary or lawyer. Here are general guidelines for a witness:
- The witness must be over 18 years of age.
- The witness must know the person whose signature they are witnessing.
- The witness must be of sound mind.
Questions?
A dedicated call center has been established to address general inquiries and help individuals complete the online Claim Form. The call center is open, Monday to Friday, 8:00 AM to 8:00 PM (Eastern Time).
You may also visit our FAQ page.
For inquiries related to the Affected Benefits or your status as a Class Member, contact Class Counsel:
- Phone: 1-866-545-9920
- Email: info@vetspensionerror.ca
The claim period is now open. You will need to submit a completed and signed Claim Form to the Claims Administrator by clicking the link below within the Claim Period. The Claim Form must be received electronically no later than 19 March 2025, 11:59 PM (Eastern Time), or if mailed must be postmarked no later than 19 March 2025.
For assistance with submitting a claim form, please contact us at 1-833-839-0648,
Monday to Friday, 8:00 AM to 8:00 PM (Eastern Time).
Claimants are encouraged to use the Claim Form submission link included above. The Claims Administrator can process electronic submissions more quickly. You may also submit a Claim Form that is completed and signed by email at veteranspension@kpmg.ca or by mail to KPMG Inc., C/O Disability Pension Class Action Claims Administrator, 600 boul. De Maisonneuve West, Suite 1500, Montréal, Québec H3A 0A3. The Claim Form can also be downloaded.