RCMP Veterans' Association » Support and Advocacy

 

Support and Advocacy

The RCMP Veterans’ Association’s Support & Advocacy initiative is designed to recognize, protect, promote and generally champion the rights of its members as it relates to issues of pension, insurance, health care and benefits. The Support & Advocacy initiative of the Association is managed by Co-Chairs John Sherstone and Mike Duffy.

You will notice below, links to the current (2021) copy of the RCMPVA Veterans’ Guide to Health Benefits & Services which should be reviewed from time to time. Also available are supplementary Information Sheets and Cases of Interest relating to Health and Benefits concerns which are available on a separate page – please click here.

Further down is a list of the Divisional Support & Advocacy Teams with telephone numbers and email addresses should you require assistance. If your needs are not within the Teams’ purview, they can point you in the right direction where you may inquire about the kind of assistance you need.

Guide to Health Benefits & Services – Rev 2021-10-20

Government & Agency Contacts For RCMP Veterans Rev 2021-10-20

OSI Clinics Contact Information Rev 2021-10-11

RCMP Health Service Offices Contact Information Rev 2021-10-20

Association Support & Advocacy

Mike Duffy

Association Support & Advocacy Co-Chair

Email: association.supportmduffy@rcmpva.org

Association Support & Advocacy

John Sherstone

Association Support & Advocacy Co-Chair

Email: association.supportjsherstone@rcmpva.org

RCMP Benefit Trust Fund

The RCMP Act – Section 23, and Regulations 49 – 55, establish that the Benefit Trust Fund (BTF) be for the benefit of members, former members, and their dependents, as well as for such other purposes that would benefit the RCMP as the Minister may direct. The Minister and Commissioner administer the BTF, supported by the BTF Advisory Committee and Administrator.

The BTF was established to account for monies received from sources outside of usual government appropriations. The source of the BTF is generally donations, gifts, awards of a monetary value, and pay forfeited under the RCMP Act. Monies received for the purposes of the BTF are administered in accordance with the policies of the Government of Canada and the RCMP.

The Commissioner, through agreement by memorandum, has formalized arrangements with the RCMP Veterans’ Association to work closely with the BTF Advisory Committee and Administrator in “pursuing the objectives of the Fund.”

This includes matters such as distributing information concerning the BTF to former members and their dependents, assisting with applications for support, providing field assessments, and advising them of “assistance available through the Fund.” Such assistance can include

  • A grant to a former member of the Force or dependents of a deceased former member who are in need of financial assistance,
  • A grant to cover reasonable burial expenses of a former member who dies without sufficient funds, and for which there is no other source of support; and,
  • A grant of up to $100 for the purchase of a wreath honouring a deceased former member.

Financial assistance to a former member or their dependent(s) can be disbursed by a grant as a one-time payment or monthly payments of up to one year’s duration, as managed by the Veterans’ Association. An ongoing need is to be reviewed annually by the Veterans’ Association and is subject to recommendation by the Advisory Committee to the Commissioner.

Chaplains

Many of the Association Divisions retains the services of volunteer Chaplains to assist members in a variety of situations. In addition to their religious capabilities, the Chaplains are trained in counselling related to grief and depression. They are not restricted to helping only those from their particular Division, so any Association member wishing to speak to a chaplain should contact the general Chaplaincy Office at Chaplain, RCMP Depot

Division | Aumônier, Division Dépôt de la GRC
Office | Bureau : 639.625.3325
Email | Courriel : RCMP.RCMPChapel-ChapelleGRC.GRC@rcmp-grc.gc.ca

Survivors and Executors Guide

The RCMP Veterans’ Association has now published the 2020 edition of the “National Survivor’s and Executor’s Guide,” which will be a permanent feature on the Association’s website.

Authored and updated by Vic and Janet Gorman of the Nova Scotia Division of the RCMP Veterans’ Association, the Guide is a valuable reference tool designed to assist and inform members, spouses, executors and attorneys who have to manage the affairs and estates following the death of an RCMP Veteran.

As noted by Association President Al Rivard (now Past President & Governor) in 2016 when the guide was first published on the site, “Vic and Janet Gorman very graciously assigned their copyright to the RCMP Veterans’ Association so that we could publish it on our website for all to access,” “Their hard work in compiling the Guide, and their generosity in allowing it to be freely published on our website, is highly commendable.”

“This Guide is of inestimable service to anyone who is called upon to perform the duties of an executor. It is also a great source of information and contacts for survivors during the sensitive and emotional period following the passing of their loved one,” he said.

Copyright Notice

Copyright © 2016 Royal Canadian Mounted Police Veterans’ Association
All Rights Reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or in any means – by electronic, mechanical, photocopying or otherwise – without prior written permission.

This Guide is not a web publication of the Royal Canadian Mounted Police or the Government of Canada. Information provided in this Guide is not subject to the Government of Canada web publishing policies or the Official Languages Act and may not be accessible to persons with disabilities.

The Royal Canadian Mounted Police Veterans’ Association acknowledges with gratitude Victor and Janet Gorman, Co-Directors, Support and Advisory Committee, Nova Scotia Division of the Royal Canadian Mounted Police Veterans’ Association, who prepared this Guide.

WARNING – Use of any information contained in this Guide is at one’s own risk.

The Royal Canadian Mounted Police Veterans’ Association accepts no liability or responsibility for any loss, damage or injury arising in whole or in part from the use of any information contained in this Guide.

2020 National Survivor’s and Executor’s Guide (pdf) UNDER REVIEW

2020 National Survivor’s and Executor’s Guide (doc) UNDER REVIEW

2020 National Post Death Family Document (pdf) UNDER REVIEW

2020 National Post Death Family Document (doc) UNDER REVIEW

Survivors and Executors’ Checklists

The Spouse/Significant Other Survivor & Executor Checklist is provided as the foundation to capture relevant data pertaining to your personal affairs and to aid others, primarily your spouse/significant other, the executor(s) and family in settling your affairs after death. This information will supplement your Will, Personal Directive and Enduring Power of Attorney documents. No one document can capture all of your personal information and the nuances each of us have in our life – add documentation (Include Appendix “D,” “E,” etc.) to the checklist as you deem necessary. Provinces and territories may use different terminology, and the required wording should be amended on this document to suit your place of residence.

2020 Association Survivor & Executor Checklist (docx)

2020 Association Survivor & Executor Checklist (pdf)

2020 Association Spouse or Partner Checklist (docx)

2020 Association Spouse or Partner Checklist (pdf)

Supplementary Health and Benefits Information

Eligibility to Apply For Attendance Allowance

This document is a compilation of Research on Attendance Allowance, complete with the Statutory Authorities of eligibility for RCMP Personnel & Veterans.

Statutory Authority Confirming RCMP/Veterans Eligibility to Apply for Attendance Allowance

Comments from Joanne Rigon
Director General, National Compensation Services
Directrice générale, Services nationaux de remuneration
RCMP GRC

Thank you very much for your concern on behalf of RCMP Veterans and your diligence in reviewing the current landscape regarding the Attendance Allowance provisions for the eligibility of RCMP Veterans at this time.

Read More

The Attendance Allowance as well as the Veterans Independence Program (VIP) for CAF veterans have been researched at this time with the following observations.  I realize that you have also reviewed these programs extensively, so I welcome your ongoing discussion going forward.

 

The Veteran’s Independence Program (VIP) was established under the Veterans Health Care Regulations, under the Department of Veterans Affairs Act. The VIP is not a Pension Act benefit, so eligibility is limited to military veterans and a few others but the RCMP (former members / veterans) are not eligible for the VIP.

The RCMP Superannuation Act Part II provides RCMP members / veterans (RM and CM) with a pension payable under this Act on account of the death or disability of a member of the forces which includes the RCMP.  Under Section 38 (1) of the Pension Act, a member of the forces who has been awarded a pension or compensation or both, is totally disabled, whether by reason of military service or not, and is in need of attendance shall, on application, in addition to the pension or compensation, or pension and compensation, be awarded an Attendance Allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out.  Thus, RCMP veterans are eligible for attendance allowance and graded on the level of need.

Chapter 5 of the VAC 2006 Table of Disabilities states that Attendance Allowance is assessed based on a record of factual information covering the applicant’s actual need for attendance. The need for attendance is assessed using five grade levels ranging from Grade 5 (occasional attendance) to Grade 1 (total attendance). The elements which are taken into consideration in the determination of a grade level include: The need for assistance or supervision with: Feeding, Bathing, Dressing, Toileting, Mobility and Medication administration.   These are the only (6) elements that are considered according to VAC Policy for Attendance Allowance effective date April 1, 2019.

Joanne RIGON

Comments From Wilf Jephson – Board Member
Veterans’ Review & Appeal Board
Post Office Box 9900
Charlottetown PE C1A 8V7

I have seen the emails recently regarding the Attendance Allowance, and in an attempt to help answer the question, I have provided three decisions from the Veterans Review and Appeal Board that have been put on CANLII.  They are all from RCMP members who applied for the benefit. AS RCMP members fall under the Pension Act, and the benefit is offered under the Pension Act, they are entitled to the Attendance Allowance.

https://www.canlii.org/en/ca/cavrab/doc/2019/2019canlii77015/2019canlii77015.html?searchUrlHash=AAAAAQAbQXR0ZW5kYW5jZSBhbGxvd2FuY2UgICBSQ01QAAAAAAE&resultIndex=1

https://www.canlii.org/en/ca/cavrab/doc/2015/2015canlii78687/2015canlii78687.html?searchUrlHash=AAAAAQAbQXR0ZW5kYW5jZSBhbGxvd2FuY2UgICBSQ01QAAAAAAE&resultIndex=2

https://www.canlii.org/en/ca/cavrab/doc/2017/2017canlii43199/2017canlii43199.html?searchUrlHash=AAAAAQAbQXR0ZW5kYW5jZSBhbGxvd2FuY2UgICBSQ01QAAAAAAE&resultIndex=7

Wilf Jephson

Statutory Authorities for RCMP Members and/or Former RCMP Members to Apply for and if eligible to receive the Veterans’ Affairs Canada Attendance Allowance:
Section 38  of the Pension Act:

Website Link: https://laws-lois.justice.gc.ca/eng/acts/p-6/page-6.html#h-414755

Attendance allowance

  • 38 (1) A member of the forces who has been awarded a pension or compensation or both, is totally disabled, whether by reason of military service or not, and is in need of attendance shall, on application, in addition to the pension or compensation, or pension and compensation, be awarded an attendance allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III.
  • (2) [Repealed, 2017, c. 20, s. 290]
  • Marginal note: Payment of allowance on death of member

(3) Where a member of the forces who is in receipt of an attendance allowance under subsection (1) dies while residing with the spouse or common-law partner or a child of the member and

    • (a) the member was a person to whom an additional pension was, at the time of death, payable in respect of the spouse, common-law partner or child, or
    • (b) the pension awarded to the member was a final payment,

the attendance allowance shall continue to be paid for a period of one year commencing on the first day of the month following the month of death to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act.

Section 32 of the RCMP Superannuation Act:

Website Link: https://laws-lois.justice.gc.ca/eng/acts/R-11/page-12.html#h-423541

Eligibility for awards under the Pension Act

32 Subject to this Part and the regulations, an award in accordance with the Pension Act shall be granted to or in respect of the following persons if the injury or disease — or the aggravation of the injury or disease — resulting in the disability or death in respect of which the application for the award is made arose out of, or was directly connected with, the person’s service in the Force:

  • (a) any person to whom Part VI of the former Act applied at any time before April 1, 1960 who, either before or after that time, has suffered a disability or has died; and
  • (b) any person who served in the Force at any time after March 31, 1960 as a contributor under Part I of this Act and who has suffered a disability, either before or after that time, or has died.

Excerpt from Veterans’ Affairs Canada, Allowances Policy:

Website Link: https://www.veterans.gc.ca/eng/about-vac/legislation-policies/policies/document/1931#anchor77832

Attendance Allowance

  1. An attendance allowance may be awarded to a pensioner under the authority of subsections 38(1-3) of the Pension Act. Attendance allowance is not available under the Veterans Well-being Act.
  2. An attendance allowance may be awarded to a pensioner when all of the following circumstances are met:
    1. The pensioner is in receipt of at least a 1% disability pension or prisoner of war compensation;
    2. The pensioner is totally disabled, whether by reason of military service or not; and
    3. The pensioner is in need of attendance.
  3. The guidelines used in the determination of an award of attendance allowance, including the determination of the amount of the award (i.e. grade level), can be found in Chapter 5 of the Table of Disabilities. The amount of the award is based upon the degree of the attendance required by the member or Veteran.
  4. Although subsection 38(2) of the Pension Act indicates that the Department may cease the award of an attendance allowance in certain circumstances where a pensioner enters a hospital under the jurisdiction of the Department, it does not preclude the award or increase of an attendance allowance while a member or Veteran is hospitalized. For the purposes of this policy, a hospital is any institution that offers acute, chronic or nursing home care.
  5. The amount of an attendance allowance paid to a pensioner who is not hospitalized is determined strictly by the degree of the need for attendance. The amount actually paid out by the member or Veteran for the attendance is not a consideration.
  6. As per subsections 29(2) and 38(3) of the Pension Act, an attendance allowance ceases to be paid the first day of the month following the death of the pensioner unless:
    1. the pensioner was in receipt of an attendance allowance; and
    2. the pensioner was receiving additional pension on behalf of a spouse, common-law partner and/or children, with whom he or she was residing at the time of death, or where it is determined that additional pension was payable.

 

In this case, the attendance allowance may be continued to the survivor for a period of one year commencing on the first day of the month following the death of the member or Veteran.

  1. In lieu of a living survivor, dependent children may continue to receive the attendance allowance in equal payments.
  2. Paragraphs 13-14 are not applicable in cases where the attendance allowance was awarded after the pensioner’s death under subsections 48(2) and 38(1) of the Pension Act. Under 38(3), the attendance allowance may continue to be paid to the survivor for one year following the death of the pensioner if the pensioner was “in receipt of attendance allowance” at the time of death (i.e.: the attendance allowance was awarded before the date of the pensioner’s death).

Comments from Graeme Shaw
RCMP VAC Liaison Officer
11MAY2021

Just wanted to provide an update on my communications with VAC over the past week since asking their Client Issues contact within Service Delivery to dig in on our concerns in regards to messaging and incorrect information being provided to RCMP clients on eligibility for Attendance Allowance.

As a starting point, our concerns were brought to the attention of and discussed with the Directors General in Service Delivery, Centralized Operations (COD) and Field Operations which oversee the National Call Center and area offices across the country.  They are all aware that VAC recently hosted a workshop with our RCMP advocate group and myself where Attendance Allowance was discussed in detail along with the differences between Attendance Allowance and the Veterans’ Independence Program (VIP) for Canadian Armed Forces (CAF).  In connecting with COD and Field Operations, it was confirmed that clear guidance exists that directs VAC staff on RCMP eligibility for Attendance Allowance.  In April there was a message sent out in reference to a new RCMP portal which contains information about RCMP eligibility to programs and services which was launched in April 2021.  This guidance is on the VAC intranet page with a link provided for all staff to reference.  Additionally, Field Operations has provided a reminder to staff about RCMP eligibility for Attendance Allowance down to the area office level which will be helpful.  After these discussions with COD and Field Operations, it is felt that an additional message to staff is not necessary as reminders have recently been provided and functional direction is clear.

As for those cases that have come forward, these would have to be examined on a case-by-case basis keeping in mind client privacy and confidentiality which makes it difficult for a third party to follow-up on their behalf.  VAC client issues are currently looking into a couple of such cases that I have forwarded to them that cited specific issues or concerns for further review (with Veterans’ consent).  Best if clients that have received incorrect information reach back out to VAC through their Case Manager, the National Call Centre of Service Advisors or through My VAC Account and request a review for Attendance Allowance.

Graeme Shaw

RCMP LO with VAC

 

If there are any RCMP Veterans being told by any VAC personnel that RCMP Veterans are not eligible to apply for the Attendance Allowance because they are not Military Veterans, please let the RCMP Veterans’ Association Advocates know. We will forward the concern to be addressed and corrected.

Mike Duffy
RCMP Veterans’ Association (RCMPVA)
Chief Advocate
Reg. No. 33398

Association.chiefadvocate@rcmpva.org (Email)

www.rcmpva.org (National Website)

403-381-8200 (House)

403-866-8200 (Mobile)

Cases of Interest

We post cases of interest here. Please check back here on a regular basis to keep yourself updated on them. If you’d like us to identify a case, please email us.

Read More

More information was needed as the initial request to the Advocates did not supply any Contact Information. A search of www.rcmpgraves.com showed the name and other details. The Divisional Advocate was contacted as on-the-ground-fieldwork would be needed.

It was also necessary to confirm that the Veteran is currently receiving Veterans’ Affairs Canada (VAC) Disability Benefits. Initial enquiries revealed that it appeared to be so.

The VAC/RCMP/RCMPVA Liaison Officer was requested to contact VAC asking that the Veterans’ VAC Case Manager contact the Veteran and share the Contact Information for the RCMPVA Advocates with the Veteran and request that the Veteran initiate contact with the Advocates to address any and all assistance needs. Confidentiality and the provisions of the Privacy Act had been maintained.

VAC successfully located the Veteran and personal contact with the Divisional RCMPVA Advocate was established.

It was confirmed that VAC Disability Benefits were being received, but that the Veteran was unaware that periodical reassessments could be completed.

With the assistance of the Divisional RCMPVA Advocate, the VAC Regional Case worker and medical professionals contacted the Veteran and a reassessment completed.

The Veteran is receiving:

RCMP Pension

VAC Disability Pension

– Attendance Allowance

– Exceptional Incapacity Allowance

– Spousal/Caregiver Allowance

Canada Pension Plan Disability Allowance

The Veteran is also covered by the Provincial Health Care Plan

The Public Service Health Care Plan and the Public Service Dental Plan administered through Sun Life.

Current resolution: updates to the VAC Disability Pension and other Benefits are being addressed, as is the acquisition of motorized mobility assistance. The Veteran is aware of the procedure of contacting VAC should future reassessments and needs arise. The updating of VAC Disability Pension/Benefits negated the need to request BTF or RCMPVA Foundation assistance.

The RCMP Veteran contacted the Divisional RCMPVA Advocate to thank the Advocate for the assistance. VAC is prohibited by statute of sharing results of VAC Case Worker and Advocate intervention; plus, it is not often that Advocates learn from the recipients of the results their Advocacy.