Wage Loss Replacement Benefits

A recent court ruling has caused CRA to change its policy on whether Wage Loss Replacement Benefits are pensionable for CPP purposes. On January 28, 2010, the Federal Court of Appeal ruled on Toronto Transit Commission v. Canada. It wrote that employees in receipt of WLRB are not able to perform services under their contract of employment therefore not pensionable under CPP regulations. CPP does not have to be deducted from these benefits and employers may apply for a refund of 2010 and current year payments and may refund employees. Past year overpayments must be requested via Form PD24: http://www.cra-arc.gc.ca/E/pbg/tf/pd24/pd24-09e.pdf within 4 years of the end of the tax year in which the overpayment occurred.

Please note that this ruling does not apply to the Quebec Pension Plan. For more information: