PENSION
COMMUTATIONS
(For Accidents Before January 1990)
What Is a Pension Commutation?
- The Workplace
Safety and Insurance Board (WSIB) pays pensions of more
than 10% in monthly instalments. A commutation is a change from receiving
monthly instalments for the rest of your life to receiving your pension
money all at once, in one lump sum payment. This lump sum payment can
replace the whole pension or only part of the pension.
- In accepting a pension commutation, you give
up the right to receive some or all of your future WSIB benefits on
a monthly basis. You cannot change your mind about accepting a pension
commutation once it has been received. You may wish to speak to a qualified
representative or financial adviser before selecting this option.
When Can You Ask For a Pension Commutation?
If your pension is more than 10%, you can ask WSIB
for a pension commutation when all the following conditions have
been met:
- the money will help reduce the effects of a disability
and, as a result, will help you return to work or stay at work,
- you have no other way of obtaining the money you
need to return to work or stay at work,
- you will still be able to pay your normal living
expenses after receiving the commutation, and
- you have already spoken to experts about how to
return to work and how to handle your money.
If your pension is 10% or less, WSIB will pay your
pension in one lump sum, unless:
- you choose to have your pension paid on a monthly
basis,
- WSIB believes it would be to your disadvantage
to receive one lump sum (for example, if your permanent disability is
likely to get worse).
How Do You Apply for a Pension Commutation?
- You should ask your Adjudicator for a pension
commutation in writing.
- If your pension is more than 10%, WSIB will send
you forms which must be completed and returned.
- Your doctor must send WSIB a medical report, indicating
that your financial situation is contributing to a disability that prevents
you from getting or keeping work and that the commutation will significantly
improve your financial situation and medical condition.
What Are Your Chances of Getting a Pension Commutation?
WSIB does not usually grant pension commutations,
but must consider every request.
How Is the Lump Sum Calculated?
WSIB uses a chart (the Discount Rate Calculation
Table) to assess the amount of the lump sum you will receive. The amount
will depend on your age, the size of your monthly payments, and whether
you are male or female.
Can You Object To the Amount Of a Pension Commutation?
- The amount of the pension commutation is assessed
according to the Discount Rate Calculation Table and the result is final.
If you believe WSIB made a mistake, you can request that the commutation
be checked and confirmed.
- If WSIB only gives you a partial commutation rather
then the full commutation you requested, or if WSIB gives you a smaller
partial commutation than you requested, you can appeal within six
months of the date of the decision.
What If Your Request for a Pension Commutation Is Denied?
If you disagree with the reasons provided, you can
file an appeal within six months of the date of the WSIB decision.
- You may ask a qualified representative to assist
you. Because appeals involving pension commutations are usually quite
straightforward, you may wish to pursue them on your own. Make sure
you collect the information suggested above and submit it to WSIB. Please
see the OWA Workers' Information Kit called Appealing
WSIB Decisions for guidance.
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IMPORTANT INFORMATION
There are time limits for appealing WSIB decisions. If you wish
to appeal a decision, contact a qualified representative as soon
as possible. For more information on time limits, see OWA Fact Sheets
24 and 25 called Appealing
to WSIB and Appealing
to WSIAT.
This Fact Sheet contains general information only. It is not
a legal document. To see what the law says, you should look at the
Workplace Safety and Insurance Act and WSIB policies.
If you require help and do not have a union to assist you, contact
the Office of the Worker Adviser:
- Our toll free telephone
number is 1-800-435-8980 (English) or 1-800-661-6365 (French)
- or visit our website at http://www.owa.gov.on.ca
Cette feuille-info est aussi
disponible en français
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OWA Fact Sheet 23 - January 2003
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