People who became disabled before the normal retirement age experience a drastic drop in their income from the age of 65. They cannot receive the full pension to which they contributed during their working life, penalized by a provision of the Act respecting the Quebec Pension Plan. The Administrative Tribunal of Quebec (TAQ) ruled this summer that this article is discriminatory and unconstitutional, but the provincial government chose to contest this decision. The duty collected testimonies from affected seniors, ready to fight for their quality of life.
Mathilde Bérubé, resident of Saguenay, worked for more than 25 years as a computer technician for a school board. Her mental health then deteriorated to the point that her employer forced her to quit. “I wanted to continue my work so much despite everything that I filed a grievance,” she recalls.
After being diagnosed with bipolar disorder and anxiety disorder, she was declared disabled at the age of 47. “It was very difficult. When people asked me what I did for a living, I skated all the time,” says the woman who spent several stays in psychiatric hospitals. She says she functions today “almost normally” thanks to heavy medication. She also receives injections every month to treat rheumatoid arthritis.
Before she turned 65, she benefited from a disability pension from the Quebec Pension Plan (QPP) of $1,260 per month which, combined with her private insurance, guaranteed her income of just over $33,000 per month. year. From age 65, the QPP replaces the disability pension with a retirement pension. Today she only receives $911 from this plan. For what ? Having not contributed over the last 18 years, his pension is already reduced. On top of that, section 120.1 of the Pension Plan Act, added in 1997, means that this amount is cut by 24% if the beneficiary received a disability pension between the ages of 60 and 65. This is a penalty similar to that applied to people who voluntarily retire early.
Mme Bérubé also no longer receives benefits from his private insurance, but rather a much lower amount from Canada’s Old Age Security. His income fell to less than $20,000 a year.
To tighten one’s belt
Like many others, the Saguenéenne was not prepared for such a drop. She says she has cut off almost all of her hobbies. She remortgaged the house she owns with her friend. To be able to continue paying for her annual golf card, which she considers important for her fragile mental health, she began to dip into her RRSPs.
“I keep selling things on Marketplace. Our priority is to be able to keep the house as long as possible,” said Mme Berube. She also tried to return to work last fall in a big box store. “I only did three weeks. My health doesn’t allow it at all,” she lamented.
Mme Bérubé has experienced a whole range of emotions since the government decided last August to request a review, before the Superior Court, of the TAQ judgment dated July 28 which invalidated this provision of the Act. In his appeal for judicial review, the Attorney General of Quebec argues that the decision is “erroneous in law and not justified”.
“I don’t understand this relentless targeting of destitute seniors,” she said, shocked. More than 26,000 people were affected by this measure in 2019, we can read in the TAQ judgment, which represents a little more than one percent of QPP pensioners.
People mobilized
Despite their precarious health, several of these people are strongly mobilized, united in the Facebook group Invalides au front, which has nearly 1,500 members. Mme Bérubé notably wrote to deputies and questioned journalists.
Liliane Paquette sent the petition to several associations asking the government to back down. She also wants to be a voice for people like her. “Even though I am disabled, I worked for 30 years,” argued the Saint-Lin–Laurentides resident. We helped build Quebec! »
We helped build Quebec!
Since 2005, she has suffered from chronic lymphocytic leukemia, an incurable disease that she associates with contact with pesticides in an agricultural environment. His drop in income is comparable to that of Mme Berube.
“I am lucky to have a partner. Without him, it would be my house, my grandson’s inheritance, which would pass through, she assessed. I look at everyone else who is less fortunate than me. With the rents we currently have, it could be direct homelessness. »
Mme Paquette says many expenses are associated with his illness. “When I have to go to the hospital, there is parking to pay, you have to eat there,” she gave as an example.
“If the boxes were empty, I would understand, but they are full,” said M.me Paquette, referring to the good financial health of the Quebec Pension Plan.
Questioned on the issue, the office of the Minister of Finance, Eric Girard, did not wish to comment on the subject, emphasizing that it is a judicial matter.
Proud of his father
Kevin McLean is still on the job market. It is to continue his father’s work that he defends this cause. Richard Mc Lean is at the origin of the legal action initiated in 2020 to correct what he considered to be an injustice. He was devastated by a stroke at the age of 50, which left him disabled.
“He said to himself: ‘It’s going to take so long to get justice, I’m going to be dead before then.’ That’s kind of what happened,” his son said. In March 2022, Richard McLean received medical assistance in dying.
“One of the last sentences he said to us was to apologize for not being able to leave us an inheritance,” his son recalled with sadness.
Kevin Mc Lean asks the government to drop its appeal which, according to him, “delays the obvious”, while many people need their full pension now to live decently.
Mr. Mc Lean launched a crowdfunding campaign to cover the legal costs necessary for their representation before the Superior Court of Quebec. The Confederation of National Trade Unions is among those supporting the cause, having announced a donation of $2,500 on Friday.
According to lawyer Sophie Mongeon, who represents them, the hearing could take place in spring 2024.