Pensions - Federal and Provincial Pension Plans - Federal Pension Plans
Applicant’s husband worked in Iran for 18 years and made contributions to Canada Pension Plan (CPP) for five out of eight years he lived in Canada before his death. Minister of Employment and Social Development determined that applicant was not eligible for CPP survivor’s pension because her husband had not contributed to CPP for minimum contributory period of ten years and Canada did not have agreement with Iran for recognition of husband’s work history there. Social Security Tribunal’s General Division (GD) summarily dismissed applicant’s appeal. GD noted that it was not empowered to exercise equitable power, in response to applicant’s argument that contributory period should be based on when husband came to Canada rather than from when he turned 18, and noted it did not have power to order repayment of husband’s CPP contributions. Social Security Tribunal’s Appeal Division (AD) dismissed appeal. Applicant brought application for judicial review. Application dismissed. There was no procedural unfairness. GD properly concluded that it did not have jurisdiction to allow appeal based on compassion or extenuating circumstances. AD reasonably found that GD did not fail to observe principles of natural justice. There was no provision to allow repayment of CPP contributions. It was reasonable for AD to uphold GD’s finding that they could not make order contrary to limits on survivor's benefits.
Savodji v. Canada (Attorney General) (2019), 2019 CarswellNat 4224, 2019 CarswellNat 4782, 2019 FC 1081, 2019 CF 1081, Glennys L. McVeigh J. (F.C.).
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