Notice of Approval of Settlement in the Class Action Regarding the Reduction of Long Term Disability Benefits

Estate of A. Gerard Buote and David White v. Her Majesty the Queen, Court File No. T-889-08.

What is this action about?

Under the terms of the Great West Life LTD Plan, a disabled former RCMP member’s long term disability benefits were reduced by the amount of their Pension Act disability pension (the “Offset”). The Plaintiffs, A. Gerard Buote and David White, brought this class action to challenge the legality of the Offset. 

On August 5, 2014, the Court approved an agreement between the Plaintiffs and the Defendant setting out how the Offset should end, how past Offset amounts should be refunded, and other key details (the “Agreement”). The Court’s decision is available at www.rcmpltdclassaction.com.  

Why am I getting this notice?

You have been identified by Great West Life as a member of the Class. The Agreement affects your rights.

Who are the Class Members?

The Court approved the following definition of the Class:

• All former members of the Royal Canadian Mounted Police whose long-term disability benefits under Great West Life Assurance Company Group Policy Number 24892GM (“GWL-LTD Plan”) were reduced by the amount of their Veterans Affairs Canada disability benefits received pursuant to the Pension Act from October 1, 1975 to the date of this Order.

What are the terms of the Agreement?

In summary, the Agreement provides for the following:

• All future payments of benefits will not be reduced by the Offset.
• There will be a Gross Refund consisting of the following amounts:
• 82% of all Offset amounts going back to October 1, 1975, the date the Offset began (the “Retroactive Offset”).
• Interest on the Retroactive Offset at the following rates:
  • 6% from February 1, 1992 to December 31, 1995;
  • 5% from January 1, 1996 to December 31, 2008;
  • 3% from January 1, 2009 to the date the amount is paid to McInnes Cooper in Trust and
• Any disputes over the amounts payable to Class Members or their medical eligibility will be handled by an independent adjudicator.
• If the Class Member is deceased, the surviving spouse will receive the Refund. If there is no surviving spouse, please contact McInnes Cooper for further information.

The full terms of the Agreement are available at www.rcmpltdclassaction.com.  

What will I have to do to make a claim?

You do not have to do anything to make a claim.

When will I receive my retroactive payment?

By February 5, 2015 Great West Life will calculate your refund automatically and will provide the necessary information and funds to McInnes Cooper. Your refund, less the legal deduction, will be sent to you by McInnes Cooper by registered mail.

Please review your refund carefully and contact McInnes Cooper if you have any questions or concerns.

Opt Out

If you do not want to take part in the action, you have to opt out. But if you opt out, you will not get any refund under the Agreement. If you still want to opt out, you must contact McInnes Cooper. They will explain the process to you, and provide you with the required form. The required form to opt out has to be delivered to McInnes Cooper by October 14, 2014.

Will there be deductions from the Gross Refund?

There will be an amount withheld from the Refund for taxes.

There will be an approximate 9% deduction for legal fees, sales taxes and expenses, but these amounts are tax deductible.

Finally, if you owe Great West Life money for any other reason, this amount will be deducted.

I want more Information.

For more information, please contact McInnes Cooper at:

rcmp-ltdclassaction@mcinnescooper.com
(902) 444-8417 (English)
(506) 877-0831 (French)

RCMP Class Action
McInnes Cooper
PO Box 730, Halifax, NS
B3J 2V1