Acts and Regulations

W-13 - Workers’ Compensation Act

Full text
Pension benefits
38.54(1)Where benefits are paid to a dependent surviving spouse under subsection 38.52(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to five per cent of the benefits paid to the spouse under that subsection, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the dependent surviving spouse at age sixty-five.
38.54(2)Where benefits are paid to a dependent surviving spouse under subsection 38.53(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to eight per cent of the benefits paid to the spouse under that subsection and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the dependent surviving spouse at age sixty-five.
38.54(3)Subsection (1) applies with the necessary modifications to benefits paid under subsection 38.51(2) to a dependent surviving spouse who elects to receive benefits under subsection 38.52(1), except that where an election is made, the amount shall be set aside as soon as practicable after the election is effective.
38.54(4)Subsection (2) applies with the necessary modifications to benefits paid under subsection 38.51(2) to a dependent surviving spouse who elects to receive benefits under subsection 38.53(1), except that where an election is made, the amount shall be set aside as soon as practicable after the election is effective.
38.54(5)Where a dependent surviving spouse dies before an election is made under section 38.51, the Commission shall set aside an amount equal to five per cent of the benefits paid to the spouse under subsection 38.51(2).
38.54(6)An amount set aside under this section shall not be deducted from the benefits paid to the dependent surviving spouse but shall be an amount which the Commission shall set aside over and above the benefits payable to the surviving spouse under subsection 38.51(2), 38.52(1) or 38.53(1), as the case may be.
38.54(7)An amount set aside under this section shall be set aside in the reserves of the Commission in a separate fund to be known as the Pension Fund and shall be administered as provided by regulation.
38.54(8)Where the pension to which a surviving spouse is entitled under this section would be less than five hundred dollars per year, the Commission may, in lieu of that pension, pay the accumulated capital and the return, whether positive or negative, on the accumulated capital to the surviving spouse at age sixty-five.
38.54(9)Where a surviving spouse dies before attaining age sixty-five, any amount set aside in the reserves of the Commission for the purpose of providing the surviving spouse with a pension at age sixty-five together with the return, whether positive or negative, on the amount, shall be divided equally among the surviving dependents of the spouse; and where the spouse has no surviving dependents at death, the amount set aside shall remain in the Pension Fund.
38.54(10)The pension provided pursuant to this section shall be in addition to and not in lieu of any benefit provided pursuant to the Canada Pension Plan and the Old Age Security Act.
1998, c.4, s.9; 2016, c.48, s.19
Pension benefits
38.54(1)Where benefits are paid to a dependent surviving spouse under subsection 38.52(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to five per cent of the benefits paid to the spouse under that subsection, and that amount together with accrued interest shall be used to provide a pension for the dependent surviving spouse at age sixty-five.
38.54(2)Where benefits are paid to a dependent surviving spouse under subsection 38.53(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to eight per cent of the benefits paid to the spouse under that subsection and that amount together with accrued interest shall be used to provide a pension for the dependent surviving spouse at age sixty-five.
38.54(3)Subsection (1) applies with the necessary modifications to benefits paid under subsection 38.51(2) to a dependent surviving spouse who elects to receive benefits under subsection 38.52(1), except that where an election is made, the amount shall be set aside as soon as practicable after the election is effective.
38.54(4)Subsection (2) applies with the necessary modifications to benefits paid under subsection 38.51(2) to a dependent surviving spouse who elects to receive benefits under subsection 38.53(1), except that where an election is made, the amount shall be set aside as soon as practicable after the election is effective.
38.54(5)Where a dependent surviving spouse dies before an election is made under section 38.51, the Commission shall set aside an amount equal to five per cent of the benefits paid to the spouse under subsection 38.51(2).
38.54(6)An amount set aside under this section shall not be deducted from the benefits paid to the dependent surviving spouse but shall be an amount which the Commission shall set aside over and above the benefits payable to the surviving spouse under subsection 38.51(2), 38.52(1) or 38.53(1), as the case may be.
38.54(7)An amount set aside under this section shall be set aside in the reserves of the Commission in a separate fund to be known as the Pension Fund and shall be administered as provided by regulation.
38.54(8)Where the pension to which a surviving spouse is entitled under this section would be less than five hundred dollars per year, the Commission may, in lieu of that pension, pay the accumulated capital and interest to the surviving spouse at age sixty-five.
38.54(9)Where a surviving spouse dies before attaining age sixty-five, any amount set aside in the reserves of the Commission for the purpose of providing the surviving spouse with a pension at age sixty-five together with accrued interest, shall be divided equally among the surviving dependents of the spouse; and where the spouse has no surviving dependents at death, the amount set aside shall remain in the Pension Fund.
38.54(10)The pension provided pursuant to this section shall be in addition to and not in lieu of any benefit provided pursuant to the Canada Pension Plan and the Old Age Security Act.
1998, c.4, s.9
Pension benefits
38.54(1)Where benefits are paid to a dependent surviving spouse under subsection 38.52(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to five per cent of the benefits paid to the spouse under that subsection, and that amount together with accrued interest shall be used to provide a pension for the dependent surviving spouse at age sixty-five.
38.54(2)Where benefits are paid to a dependent surviving spouse under subsection 38.53(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to eight per cent of the benefits paid to the spouse under that subsection and that amount together with accrued interest shall be used to provide a pension for the dependent surviving spouse at age sixty-five.
38.54(3)Subsection (1) applies with the necessary modifications to benefits paid under subsection 38.51(2) to a dependent surviving spouse who elects to receive benefits under subsection 38.52(1), except that where an election is made, the amount shall be set aside as soon as practicable after the election is effective.
38.54(4)Subsection (2) applies with the necessary modifications to benefits paid under subsection 38.51(2) to a dependent surviving spouse who elects to receive benefits under subsection 38.53(1), except that where an election is made, the amount shall be set aside as soon as practicable after the election is effective.
38.54(5)Where a dependent surviving spouse dies before an election is made under section 38.51, the Commission shall set aside an amount equal to five per cent of the benefits paid to the spouse under subsection 38.51(2).
38.54(6)An amount set aside under this section shall not be deducted from the benefits paid to the dependent surviving spouse but shall be an amount which the Commission shall set aside over and above the benefits payable to the surviving spouse under subsection 38.51(2), 38.52(1) or 38.53(1), as the case may be.
38.54(7)An amount set aside under this section shall be set aside in the reserves of the Commission in a separate fund to be known as the Pension Fund and shall be administered as provided by regulation.
38.54(8)Where the pension to which a surviving spouse is entitled under this section would be less than five hundred dollars per year, the Commission may, in lieu of that pension, pay the accumulated capital and interest to the surviving spouse at age sixty-five.
38.54(9)Where a surviving spouse dies before attaining age sixty-five, any amount set aside in the reserves of the Commission for the purpose of providing the surviving spouse with a pension at age sixty-five together with accrued interest, shall be divided equally among the surviving dependents of the spouse; and where the spouse has no surviving dependents at death, the amount set aside shall remain in the Pension Fund.
38.54(10)The pension provided pursuant to this section shall be in addition to and not in lieu of any benefit provided pursuant to the Canada Pension Plan and the Old Age Security Act.
1998, c.4, s.9