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DismissedSocial Security Tribunal of Canada (Canada Pension Plan)·

Social Security Tribunal Denies Request for Increased CPP Pension

Case No.

📌 In brief

The Social Security Tribunal of Canada denied a claimant's request for an increased Canada Pension Plan retirement pension. The Tribunal ruled that the calculation was correct according to the statutory formula outlined in the Canada Pension Plan Act.

⚖️ Legal holding

The claimant is not entitled to an increased Canada Pension Plan retirement pension if the calculation is made according to the statutory formula.

📖 Technical summary

The claimant's request for an increased Canada Pension Plan retirement pension was denied due to the correct application of the relevant statutory formula.

📜 Headnote Official document

The claimant, aged 70, sought an increased Canada Pension Plan retirement pension. The Tribunal found that the claimant was not eligible for an increased pension as the calculation was made correctly according to the statutory formula outlined in the Canada Pension Plan Act.

📚 Full judgment Official document

Citation: FM  v  [NAME] , 2026  SST  316 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: [redacted] Respondent: [redacted] Decision under appeal: [NAME] reconsideration decision dated April 15, 2025 (issued by Service Canada) Tribunal member: [NAME] of hearing: Videoconference Hearing date: December 16, 2025 Hearing participants: Appellant Decision date: January 25, 2026 File number: GP-25-1138 On this page Decision Overview What I have to decide Matters I have to consider first Reasons for my decision Conclusion Decision [ 1 ] The appeal is dismissed. [ 2 ] The Appellant, F. M., isn’t eligible for an increased [NAME] ( [NAME] ) retirement pension. This decision explains why I am dismissing the appeal. Overview [ 3 ] The Appellant was automatically enrolled to receive his [NAME] pension as he had not applied for it yet, but he was 70 years old. The Minister determined that the Appellant was eligible to receive $315.35 a month effective February 2025. Footnote 1 [ 4 ] The Appellant requested an adjusted of his monthly  [NAME]  pension amount. Footnote 2 The Minister denied the request. Footnote 3 [ 5 ] The Appellant appealed the Minister’s decision to the Social Security Tribunal’s General Division. What I have to decide [ 6 ] I have to decide whether the Appellant is entitled to an increased [NAME] retirement pension. Matters I have to consider first The Appellant asked me to reschedule the hearing [ 7 ] The Appellant asked me to reschedule the hearing set for December 16, 2025, because he was unable to attend that day. Footnote 4 [ 8 ] I decided not to reschedule the hearing. I gave my reasons in a letter dated December 15, 2025. Footnote 5 Reasons for my decision The Appellant’s arguments [ 9 ] In his notice of appeal and at the hearing, the Appellant said that his issue was not the calculation of his [NAME] pension, but the fact that he unfairly lost his job at a [COMPANY] some years ago, reducing his pensionable income and therefore his overall [NAME] pension. [ 10 ] The Appellant wanted me to add pensionable earnings based on this job loss. I explained to the Appellant that I have no authority to add to his pensionable earnings. I also explained that if his complaint was that he was unfairly terminated, this was not the right forum for that complaint. I told him that my only role was to determine if based on the pensionable earnings he did make, whether the calculation of his [NAME] pension was accurate. [ 11 ] Toward the end of the oral hearing, the Appellant asked me to check that the calculation was correct, so I have done that. The Minister’s calculation is correct [ 12 ] The retirement pension is calculated according to rules in the [NAME] Act and Regulations. The Minister and the Tribunal must follow these rules. [ 13 ] The Minister calculated the Appellant’s retirement pension by following the rules. I don’t see any mistakes in the Minister’s calculations. This means I can’t change the Minister’s decision. The Appellant isn’t eligible for an increased retirement pension. [ 14 ] Here are the reasons for my decision. What the law says [ 15 ] The  [NAME] Act sets out the basic formula used to calculate the [NAME] retirement pension. [ 16 ] The  [NAME] Act says that a person’s total adjusted pensionable earnings are divided by the number of months in their contributory period, and the result is multiplied by 25%. Footnote 6 Adjusted pensionable earnings [ 17 ] To calculate a person’s adjusted pensionable earnings, you have to start with the person’s pensionable earnings. Generally speaking, these are earnings from employment in Canada, from which employees and their employers contribute to the [NAME] . [ 18 ] The Minister adjusted the pensionable earnings to current values, using an adjustment factor that followed the formula set out in the law. Footnote 7 [ 19 ] For example, the Appellant’s 2024 earnings of $23,734 were adjusted to current values by multiplying them by .97197. The result was $23,069. The Minister showed it did this calculation for every year resulting in an amount for the Appellant’s adjusted pensionable earnings for each year he had pensionable earnings. Footnote 8 [ 20 ] The adjusted pensionable earnings are then added up. The total amount of the Appellant’s adjusted pensionable earnings was originally noted as $400,816 in the Minister’s March 19, 2025. Footnote 9 In the submissions sent in December 2025, the Appellant’s adjusted pensionable earnings are $423,885 because the Appellant had additional earnings in 2024. Footnote 10 The contributory period [ 21 ] A person’s contributory period begins on the latest of: Footnote 11 January 1, 1966, or the month after the person’s 18th birthday. [ 22 ] The Appellant’s 18th birthday was in February 1973 which is later than 1966. This means his contributory period started in 1973. [ 23 ] A person’s contributory period ends on the earliest of: Footnote 12 the month before the month of their 70th birthday the month of their death the month before the effective date of their retirement pension. [ 24 ] The Appellant turned 75 years old in February 2025, so the month before was January 2025. The Appellant’s retirement pension started in February 2025, so the month before is also January 2025. This means his contributory period ended in January 2025. [ 25 ] So, the Appellant’s contributory period goes from February 1973 to January 2025. This totals 624 months. However, that is not the end of the calculation. The contributory period can be further reduced. The dropout rules [ 26 ] Certain years can be dropped from a person’s contributory period. This means those years are not considered in the calculation in order to increase the amount of the person’s retirement pension. [ 27 ] If your contributory period ends later than age 65, the law says you can remove a number of months of your lowest earnings that equals the number of months in your contributory period after your 65th birthday. [ 28 ] The Appellant has 5 years in his contributory period after his 65th birthday as the Appellant’s contributory period ends the month before his 70th birthday. So, the Minister removed a total of 60 months from the Appellant’s contributory period (5 years x 12 months = 60 months) in 1973, 1974, 1975, 1976, 1977 and 1978, when his income was $0. Footnote 13 Therefore, his new contributory period is 564 months (624 months – 60 months). [ 29 ] The general dropout rule can also be used in the Appellant’s case. The general dropout rule says that 17% of a person’s lowest earning years in their contributory period are removed. Footnote 14 [ 30 ] The Minister dropped an additional 96 months (564 months x 17%) from the Appellant’s contributory period when his income was $0 in the years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985 and 1986. Footnote 15 Therefore, the Appellant’s new contributory period is 468 months (564 months – 96 months). The final calculation [ 31 ] As stated, the basic formula for calculating a person’s [NAME]  retirement pension is: 25 % x (total adjusted pensionable earnings ÷ by the number of contributory months. [ 32 ] In the Appellant’ case the calculation was as follows: 25% x ($423,885 ÷ 468) = $226.44 [ 33 ] If someone elects to receive their pension after the age of 65, the amount of the person’s pension is increased by 0.70% for every month up to age 70. Therefore, the Appellant’s monthly pension was increased to $321.54 (60 months x 0.70% = 42%, $226.44 x 1.42). Footnote 16 [ 34 ] The law also provides for a further enhancement after 2019. Footnote 17 The Minister calculated the Appellant’s first additional pensionable earnings by taking his monthly pensionable earnings from 2019 to 2024, multiplying each one by the adjustment factor as stated in the law, totalling the adjusted pensionable earnings, dividing the total by his contributory period and multiplying this result by 8.33% as stated in the law. The Appellant received an additional $17 of enhancement. Footnote 18 Therefore, the Appellant’s monthly pension amount was enhanced resulting in a current monthly [NAME] pension amount of $338.54. Footnote 19 [ 35 ] I understand the Appellant has income for 2025, so his monthly pension amount will increase after he files his 2025 taxes as his total adjusted pensionable earnings will increase. Conclusion [ 36 ] I find that the Appellant isn’t eligible for an adjustment of his monthly retirement pension amount. His [NAME] retirement pension was calculated correctly based on the formula pursuant to the [NAME] Act. [ 37 ] This means the appeal is dismissed. Footnotes Footnote 1 See letter from the Minister at GD2-17. Return to footnote 1 referrer Footnote 2 See request for reconsideration at GD2-12 to 13. Return to footnote 2 referrer Footnote 3 See reconsideration decision at GD2-4. Return to footnote 3 referrer Footnote 4 See the Appellant’s rescheduling request at GD10. Return to footnote 4 referrer Footnote 5 See letter from the Tribunal at GD11. Return to footnote 5 referrer Footnote 6 See section 46(1) of the  [NAME] Act. Return to footnote 6 referrer Footnote 7 The adjustment formula is in section 51 of the [NAME] Act. Return to footnote 7 referrer Footnote 8 See the Minister’s submissions at GD7-8 to 9. Return to footnote 8 referrer Footnote 9 See Minister’s letter at GD2-8. Return to footnote 9 referrer Footnote 10 See the Minister’s submissions at GD7-9. Return to footnote 10 referrer Footnote 11 See section 49 of the  [NAME] Act. Return to footnote 11 referrer Footnote 12 See section 49 of the  [NAME] Act. Return to footnote 12 referrer Footnote 13 See the Minister’s submissions at GD7-9. Return to footnote 13 referrer Footnote 14 See section 48(4) of the  [NAME] Act. Return to footnote 14 referrer Footnote 15 See the Minister’s submissions at GD7-10 to 11. Return to footnote 15 referrer Footnote 16 See section 78.4 of the  [NAME] and the Minister’s submissions at GD7-3. Return to footnote 16 referrer Footnote 17 See section 46(1) of the [NAME] Act. Return to footnote 17 referrer Footnote 18 See the Minister’s submissions at GD7-11 to 12. Return to footnote 18 referrer Footnote 19 See the Minister’s submissions at GD7-12 to 13. Return to footnote 19 referrer

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The calculation of the appellant's Canada Pension Plan retirement pension was made according to the statutory formula.
  • The contributory period was correctly calculated by considering the appellant's earnings from the age of 18 until the month before their 70th birthday.
  • The dropout rules were appropriately applied to exclude periods of low earnings from the calculation.

❌ Tends to be rejected

  • The appellant's request to adjust his pensionable earnings due to job loss was not accepted because the tribunal does not have the authority to add to pensionable earnings.
  • The tribunal ruled that the complaint about unfair job termination was not relevant to the pension calculation process.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The claimant was not eligible for an increased Canada Pension Plan retirement pension.

What was the dispute about?

The claimant argued that his pensionable income was unfairly reduced due to losing his job at a company some years ago.

How did the court decide, and why?

The court decided that the claimant was not eligible for an increased pension because the calculation was made correctly according to the statutory formula.

Which laws or rules were applied?

Canada Pension Plan Act, s. 46(1) Canada Pension Plan Act, s. 48(4) Canada Pension Plan Act, s. 49 Canada Pension Plan Act, s. 51 Canada Pension Plan Act, s. 78.4

What was the argument that mattered most?

The claimant argued that his pensionable income was unfairly reduced due to losing his job at a company some years ago, which affected his overall Canada Pension Plan pension.

Was the decision for or against the person who brought the case?

The decision was against the claimant.

What does this mean for someone in a similar situation?

Someone in a similar situation may not be able to increase their Canada Pension Plan retirement pension if the calculation is made correctly according to the statutory formula.

What evidence or documents mattered?

The judgment does not specify

Official source: Social Security Tribunal of Canada (Canada Pension Plan) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Social Security Tribunal of Canada (Canada Pension Plan). It is a reproduction of an official work published by the Government of Canada, and the reproduction has not been produced in affiliation with, or with the endorsement of, the Government of Canada. It is not an official version.