Ald - Friday, August 17, 1984 - North Shore News PRECEDENT SOUGHT Pension fight to court By JOANNE MacDONALD WHEN NORTH Van- couver resident Joy Irv- ing first set out to app- ly for some pension credits from her ex- husband two years ago, she had no idea the process would take so long and become _ so complicated. But now, Irving is in the midst of what could become a precedent-setting court case — which could result in financial rewards for numerous divorced people. It all began when Irving, in the course of her daily job at North Vancouver District Municipal Hall, ran across some literature dealing with pensions. After reading a = section about split pensions and discussing the issue with a co-worker, she contacted the local Health and Welfare of- fice. She subsequently filled out a form applying for pen- sion credits from her ex- husband from whom she had been divorced in 1978. However, Irving was soon informed in a letter from Health and Welfare Minister Monique Begin that her ap- plication was too late. There is a three year legal limit in which to apply for the cred- its and Irving was 25 days past that limit. Undaunted, she appealed Begin’s decision to a review committee which ruled in her favor. Begin countered by serv- ing a notice of appeal A hearing took place on Tuesday, August 7, at which time it was decided an exam ination of discovery would be held And Irving's lawyer, Gayle Raphanel says the ex amination for discovery will probably focus on one major issue ‘“krom our viewpoint we want to find out what means Parkway approval THE PROCESS of developing the 67 acre Parkway Village neighborhood took another step) forward Monday, with North Vancouver District councH approval oof rezoning for the area Ttve petergpen tt wall Contant over OOO boustiag uiets un cloding single family dwell ogy and an cight storey hightise apartament dt has a precede ted couppletion date ot five te coght years Parkway Villiage teoaidedt by Mount Seyinour Pack way the Seymour Crolf and © oun try (luboand the Borrard tin dian Reserve ots part of ttre Ppistrsct soccer all lad ive devclopmrent plans foor ttye apeca cast oof the Sevineous River of knowledge Joy Irving had regarding her right to the pension credits, and whavef- forts did the Ministry t&ke to make her aw of the right?’’ says Raphanel. ‘Since the law (regarding pension credits) only went into effect in 1970, Joy would be seeking four years worth of pension. credits since she was separated in 1974.”° It is not yet known when a decision can be expected on the case. To be considered eligible for pension credits, a woman or man must live with their spouse for 36 consecutive months during a marniage. Irving was married for 24 years. According to Irving, the whole pension system needs a review. ‘“‘What should happen is that the three year limit should be abolished, with the pension credits made an automatic benefit. Or they could also send out a brochure on the credits to each partner, once the divorce becomes final,’’ she says. Irving, who met with Capilano NDP candidate Larry Whaley at a news con- ference Monday, has had fi- nancial help from the Equal Pay Information Committee (EPIC). The group, which 1s based in the greater Van- couver area and is not af- filiated with any political party, has thus far raised up to $900 over the past two months for Irving. They have also sent out appeal let- ters to other organizations. Whaley says he is_ en- couraging people to make donations to the ftving cause. ‘““What's necessary 1s for the Minister to drop her ap- peal so Joy would then get her share, as the orginal NEWS photo Chris Cameron JOY IRVING — fighting to change pension law. ‘‘IMPORTANT NOTICE’’ TO ALL VOLKSWAGEN/AUD!I OWNERS Factory authorized repairs with ‘““Genuine’’ V.W.-Audi Replacement parts * 6 month guarantee x * No cash needed, and easy payment plans for major repairs * * Competitive prices * * Now open Saturdays * CAPILANO V.W. LTD. 1151 Marine Drive, North Van. Phone 985-0694 review board ruled. But it may be important for her (Irving) to go through with the court case to set a prece- dent,’’ says Whaley. ‘‘Joy ts pointing up the inequality that exists in the present system and the clear need for change.’’ He adds NDP policy calls for the implementation of pension reform which in- cludes the automatic equal sharing of pension credits among retired or divorced spouses, as well as the doubl- ing of Canada Pension Plan AMBLESIDE HOBBIES & CRAFTS 1425 Marine Dr. West Van 922-3512 open 6 days a week benefits to keep pace with the maximum pay-in. To date, Irving has had 27 telephone calls from women in similar situtations: ‘*They’re all women in their late 50s who were divorced in the ’70s. Some were housewives who had to return to the workforce — there must be several of women in that situation,’’ she says. “‘And now I’m wondering, if I’m successful, will other pension § credit cases brought before the courts be retroactive?”’ s\ Fridays til 9 pm a a BODY SHOP PARTS Cash cheque or Visa accepted 1519 Clyde Avenue West Vane ouver Masrire cat th ie Arestabe siete 922-3231 PEUGEOT. not a foreign name to us 2 ~ SS ws PEUGEOT SPECIALISTS from regular maintenance to mayor repairs free estimates F-uropean trame techoiques ICBC work direct to you: Open Monday to Fnday OO 4 30 Peter Brand Motors WE PAY MORE FOR AMERICAN FUNDS. If keeping U.S. dollars in Canada is an advan- tage to you, our U.S. Dollar Daily Interest Savings Account gives you higher rates on deposits of $5000 or more (J interest calculated daily (J free U.S. money orders ( J] no service charges WE WANT YOUR BUSINESS AND WERE DOING MORE. TO GET FTL. 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