Ken’s Upcoming Speaking Engagements

Ken is currently working on setting up his fall engagement schedule.

If you would like to have Ken come and speak to your group please contact Sharon Brethour

at 1-866-536-7673 ext.112

or by e-mail at sgbrethour@kpopelaw.ca

Ken’s Upcoming Video Seminars

Ken is currently working on more webcasts. We will be posting those dates very soon!

1. ★Click here to view Ken’s seminar
   

that took place

September 28th, 2011, Presented by

The Central Community Network

of Specialized Care

1. ★Click here for a list of topics

Attention

All OMERS, OPG, and OTPP Pensioners or Future Pensioners.

Information for Pensioners with Adult Children with Disabilities or Special Needs

Re: Did you know that your provincial pension can pass down to your Adult Dependent Child with a Disability when you are gone, after it has gone first to your spouse or if you have no surviving spouse!

OTPP (Teachers) Pensions:

If you are a teacher entitled to a pension or receiving a pension that commenced in 1990 or after, and who has an adult financially dependent child 18 years or older with a disability, your child may qualify to receive half of your pension amount once you are gone. Arrangements can be made so that your child will receive the survivor pension for life, as long as they qualify. The child’s disability is evaluated at the time of your death; a preliminary determination can be made upon submission of required documents to determine eligibility while you are alive, followed by a formal application at the time of your death.  

When the pensioner dies after retirement the pension can be received by your disabled and financially dependent child in an amount of 50-75% of your pension.

OMERS (municipal employee) pensions:

If you are an employee entitled to an OMERS pension with a natural or adopted adult dependent child who has a disability, your child may qualify for an adult dependent survivor pension once you  and your spouse are gone. The child’s eligibility will be determined on submission of relevant documentation to confirm financial dependence and an inability to support themselves.There is no restriction on pensions after a certain year as with Teachers pensions.

When a pensioner dies, pension arrangements can be made so that your child continues to receive 66 2/3% of the lifetime pensions you were receiving at time of death. Your child is required, however, to be on file with OMERS and arrangements must be made after your passing to see that the adult child pension is received.

OPG (Ontario Power Generator) pensions:

If you are an employee entitled to an OPG pension your adult dependent child may qualify to inherit your pension but some conditions apply. The simplest way to establish qualification is if your child qualifies for the ‘disability tax credit’ and if this credit is being transferred to you and being used on your income tax return at the time of death. Use of disability ,caregiver or dependent tax credits and their acceptance by the Canada Revenue Agency is the OPG test for eligibility for the survivor pension

If your adult dependent child has a disability, your child may receive a survivor pension that is 66 2/3% of the lifetime pension you were receiving.

Retroactive Pension Applications:

If your child should have qualified to receive your pension after your passing on and nothing was done at that time, the pension benefits should be retroactive and collectible once an application for the pension has been made. This could result in a substantial amount of recaptured pension benefits.

Multiple Qualifying Pensions:

If you and your spouse both have one of these types of pensions then, upon the death of the survivor, your adult dependent child will qualify to receive portions of both pensions!

Provincial Pensions and ODSP Benefits ( Ontario Disability Support Programme )

These pensions will either offset or in most cases disqualify the child from ODSP benefits, which are normally a maximum of $1,053 per month. If these pensions are greater than ODSP benefits then these benefits will cease once the pension income begins to be received. Drug coverage will either continue under ‘extended drug and dental coverage’ from ODSP or will be replaced by coverage under the pension plans ( OPG and OTPP ) or by the Ontario Trillium drug programme.

If the child is in a supported living situation these pensions will not necessarily result in the child loosing this supported shelter, although part of the pension will be paid to the organization managing the facility to replace the portion of the ODSP benefits that they previously received.

Pensions and Legal Guardianship

If your child is not legally competent to manage the pension, or to grant Power of Attorney for Property to someone who then becomes their legal representative, it will be necessary to apply to the Court to have yourself and also someone who will survive you appointed their Legal Guardian of Person and Property.

This is also necessary if the child would qualify for a Registered Disability Savings Plan

( RDSP) , ie is approved for the disability tax credit, is over 18, and is not mentally competent to manage the Plan.

( If you have questions about this information please complete the Evaluation Form on my website so we can make a proper reply. )

Ken  Comments

on Garry Marr’s  October 25th, 2011 column in the Financial Post:

“Survey suggests 5% of canadians with Disabilities hold RDSP accounts while 44% unaware of plan.

I’m amazed but not surprised that only 48,000 RDSPs have been put in place to date. There are about 600,000 people already approved for the Disability Tax Credit who qualify to set one up. Why hasn’t  CRA sent a letter to all of them informing them of this? Each new person approved for the DTC gets such a notice with their acceptance letter, why hasn’t this same notice been sent to all existing Canadians approved for the tax credit?

 

Just asking.

Ken Pope

Government Launches review of the registered Disability Savings plan.

October 21st, 2011

The Honourable Jim Flaherty, Minister of Finance, today announced the launch of the Government of Canada’s review of the Registered Disability Savings Plan (RDSP).

Click here for the rest of the announcement

Fight for Services

Local mother Eileen Rankin is fighting to keep the home care and respite services she receives for her 19 year old developmentally delayed son

Read this story that was in

the Ottawa Citizen

Watch

a video of

Eileen, posted by the Ottawa Citizen

and her concern over

the cuts.

Ken comments: “This is an obvious example of a bureaucracy converting programme funds back into administrative overhead expenses, allegedly to then administer and manage programme funding. It’s also a very good example of feeding the sparrows by giving grain to the horses.”

We will be following this closely and would love to hear your comments. You can post your comments to Ken’s Facebook page

or

on Ken’s Twitter @kpopelaw

or

email Ken at kpope@kpopelaw.ca

Click here for Ken’s February newsletter:

News and Neat Ideas