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Old 19th Nov 2010, 20:00
  #667 (permalink)  
OverUnder
 
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Originally Posted by ACAV8R
I'm not sure that this is correct. Because of the CHRT Remedy Ruling, both Vilven & Kelly are once more active pilots [or will be once they pass their requalification course.]
The last two pages of the Tribunal decision contain the order. Paragraph 5 states, "Upon reinstatement, the complainants are to receive the wages and benefits of an active employee including accrual of pension benefits on the same terms and conditions as before their retirement."

Paragraph 2 states, "The complainants are to be reinstated to employment with Air Canada as of the date of this decision..."

In fact, their reinstatement was effected November 8th, the date of the decision. They are active employees undergoing training in the Air Canada training facility and they are being paid wages, not a blended payment composed of wages and pension.

One cannot contribute to a pension plan at the same time one receives benefit payments from a pension plan. In other words, their pension plan contributions are recommenced. The payments that they are receiving as salary come 100% from pilot payroll; none of it comes from the pension plan.

As I understand it, the status of the Memorandum of Agreement that dictated otherwise is now uncertain, but nobody to my knowledge has heard that it has been formally rescinded.
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