SPECIAL PAYMENT ACT S17.pdf

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Province of Alberta

Revised Statutes of Alberta 2000Chapter S-17

Current as of January 1, 2002

SPECIAL PAYMENT ACT


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SPECIAL PAYMENT ACT

Chapter S-17

Table of Contents

1 Definitions2 Special payment3 Eligibility for special payment4 Discontinuance of proceedings5 Special payment set off against judgment6 Special payment instead of other rights7 Jurisdiction of Board8 Application of the Workers Compensation Act9 Regulations

Preamble

WHEREAS The Workers Compensation Board has requested that

it have the authority to make one lump sum payment to eachindividual who meets the requirements of this Act;

THEREFORE HER MAJESTY, by and with the advice andconsent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act,

(a) Board means The Workers Compensation Board;

(b) compensation means compensation paid pursuant to any predecessor of the Workers Compensation Act on accountof the death of a worker resulting from an accidentoccurring prior to January 1, 1982;

(c) special payment means the prescribed amountdetermined by a resolution of the board of directors of theBoard, which must be paid to each individual, or to the


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RSA 2000Section 2 Chapter S-17SPECIAL PAYMENT ACT

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benefit of each individual, who meets the requirements ofthis Act.

2000 cS-21.3 s1

Special payment2 (1) Notwithstanding anything in the Workers Compensation Act or any predecessor of that Act, the Board shall make one special

payment to each individual who

(a) applies to the Board for the special payment in a formacceptable to the Board,

(b) provides proof satisfactory to the Board that thatindividual is eligible under sections 3 and 4, and

(c) provides the Board with a release in a form acceptable tothe Board.

(2) An individual is entitled to receive the special payment onlyonce, regardless of the number of times the individual qualifiesunder section 3.

(3) No interest is payable on the special payment.2000 cS-21.3 s2

Eligibility for special payment3 An individual is eligible, subject to section 4, for a special

payment under section 2 only if

(a) by operation of law, remarriage has terminated orterminates the individuals compensation,

(b) the individual has remarried or remarries, and

(c) the individual is alive on the date of that individualsapplication to the Board for a special payment.

2000 cS-21.3 s3

Discontinuance of proceedings4 Where an individual who is otherwise eligible to receive aspecial payment has commenced or is participating in a civil

proceeding or a complaint of any kind with respect to thetermination of that individuals compensation due to remarriage,the individual is not eligible for a special payment unless thatindividual discontinues that proceeding or complaint.

2000 cS-21.3 s4


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RSA 2000Section 5 Chapter S-17SPECIAL PAYMENT ACT

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Special payment set off against judgment5 Where an individual who is eligible to receive a special

payment has obtained a judgment or decision with respect to thetermination of compensation, the special payment must be reduced

by the amount of money the individual received under the judgment or decision, exclusive of costs.

2000 cS-21.3 s5

Special payment instead of other rights6 The acceptance of a special payment provided by this Act isinstead of all rights, including rights of action, statutory orotherwise, to which an individual may be entitled by reason of thetermination of that individuals compensation due to remarriage,and no action lies for recovery of a special payment in any court oflaw or equity or before any administrative tribunal.

2000 cS-21.3 s6

Jurisdiction of Board7 (1) An application for a special payment must be heard anddetermined by the Board, and the decision of the Board is final andconclusive and is not open to question or review in any court.

(2) The Board has exclusive jurisdiction to examine, inquire into,hear and determine all matters and questions arising under this Act.

2000 cS-21.3 s7

Application of the Workers Compensation Act

8 The Workers Compensation Act applies to this Act withnecessary changes so far as it is applicable.2000 cS-21.3 s8

Regulations9 The Minister determined under section 16 of the GovernmentOrganization Act as the Minister responsible for this Act may makeregulations respecting any matter that the Minister considersnecessary or advisable to carry out the intent of this Act.

2000 cS-21.3 s9

Documents

SPECIAL PAYMENT ACT S17.pdf