Why some say Canada's 'gold-digger' legislation needs to go

The surviving spouses of military veterans can't
collect a pension if the veteran married after 60

By Paula Duhatschek, CBC News

Posted: Feb 23, 2018

Beverly Duffney says she used to be "marriage-shy," until a girlfriend convinced her to go on a date with her now-husband, Ed.

"As we dated and went out here, there and everywhere, I found out for myself that Edward was indeed a very, very upstanding and honourable man," she said.

Their 15-year marriage has been full of joy and challenges.

Ed has bone cancer and rheumatoid arthritis, and his memory is starting to go. Beverly spent several years caring for him full-time before he moved into care at the Parkwood Institute in London.

Another challenge is in the uncertainty of their future.

Despite the fact that they've been married for more than a decade, Beverly, 77, won't be eligible for Ed's military pension if the 83-year-old passes away before she does.

That's because of Canada's 'gold-digger' legislation, which prevents the surviving spouses of military veterans — and some other public servants — from collecting pensions if the retiree was married after the age of 60.

'Gold-digger' legislation doesn't make sense

Mathyssen's private member's bill would eliminate the couple's worries.

The initial idea was to prevent women from marrying veterans on their deathbeds in order to collect their pensions, said London-Fanshawe MP Irene Mathyssen, who called the legislation "archaic."

Mathyssen's new private member's bill, An Act to amend certain Acts in relation to survivor pension benefits, would do away with the after-60 clawback for spouses of military veterans and other public servants — something she said is long overdue.

"In light of the fact that people live longer and have all kinds of positive relationships after age 60, it just makes sense," she said. "These spouses care with such gentleness, such love, such devotion. To think of them being abandoned and left to penury is just not acceptable."

Ministry response

Beverly Duffney says she's concerned about the 'gold-digger' legislation,
to have experienced her marriage to Ed.

Eliminating the after-60 clause is also a part of Minister of Veteran's Affairs Seamus O'Regan's mandate.

A spokesperson for the minister said his office is committed to ending the clause, but couldn't offer comment on the timeline or whether the legislation would be retroactive.

For the Duffneys, the idea of Beverly as a 'gold-digger' is laughable. When the two got married, Beverly said Ed commented on how lucky he was to marry a woman who was so independent.

"He said, 'Wasn't it wonderful I married a woman with a house and a car?' And thought that was very very humorous," she said.

Regardless, the 'gold-digger' legislation still affects the pair.

Still, Beverly said she's more concerned about enjoying whatever time the two have left.

"We still love each other as much as much as the day we got married so that's a bonus."

http://www.cbc.ca/news/canada/london/canada-gold-digger-legislation-1.4548192