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2009-72
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NEW BRUNSWICK
REGULATION 2009-72
under the
Firefighters’ Compensation Act
(O.C. 2009-289)
Filed July 22, 2009
Under section 61 of the
Firefighters’ Compensation Act
, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1
This Regulation may be cited as the
General Regulation -
Firefighters’ Compensation Act
.
Definition of “Act”
2
In this Regulation, “Act” means the
Firefighters’ Compensation Act
.
Prescribed diseases
3
The diseases listed in Schedule A are prescribed for the purposes of paragraph 5(1)(
b
) of the Act.
Length of service
4
The length of service specified in Schedule A in respect of each disease listed in the Schedule is the length of service prescribed for the purposes of subparagraph 5(1)(
b
)(i) of the Act.
Conditions
5
The conditions prescribed in Schedule A apply in respect of the diseases with which they are listed and must be met before a firefighter or former firefighter may be awarded compensation or benefits in respect of that disease.
Permanent physical impairment
6
The permanent physical impairment rating schedule prescribed in the
Permanent Physical Impairment Rating Regulation -
Workers’ Compensation Act
applies with the necessary modifications for the awards that may be made under section 15 of the Act.
Maximum assessment
7
The maximum amount of an assessment that may be made under section 45 of the Act is $444.
Firefighters’ Pension Fund
8
(1)
In this section, “claimant” means a firefighter or former firefighter or a dependent spouse who is entitled to have an amount set aside in accordance with section 22, 24 or 25 of the Act, as the case may be.
8
(2)
The Firefighters’ Pension Fund established for the payment of pensions shall form part of the Disability Fund but shall be maintained separately and managed as follows:
(
a
)
a separate account for each claimant shall be established;
(
b
)
the amount that is set aside for each claimant shall be calculated monthly and credited to the claimant’s account;
(
c
)
each claimant’s account of credited amounts shall be balanced monthly with the Firefighters’ Pension Fund account;
(
d
)
a pension fund investment portfolio shall be maintained in accordance with the provisions of Part II of the
Trustees Act
;
(
e
)
the Firefighters’ Pension Fund and each claimant’s account shall be credited quarterly with interest at the average yield rate of the investment portfolio during that quarter;
(
f
)
if a claimant who has an account dies before reaching the age of 65 years with no surviving dependants, his or her account shall be closed and the total amount shall be credited to the Disability Fund.
8
(3)
Upon reaching the age of 65 years, each claimant who has an account shall be given the option of selecting and receiving the benefits under one of the following plans to be funded by the accumulated capital and interest in the claimant’s account:
(
a
)
a 5 year annuity with monthly payments provided that if the claimant dies within the 5 year period, the monthly payments shall
(i
)
continue to be paid for the remainder of the period to the claimant’s surviving dependants, or
(ii
)
if there are no dependants, be credited to the Disability Fund;
(
b
)
a 10 year annuity with monthly payments provided that if the claimant dies within the 10 year period, the monthly payments shall
(i
)
continue to be paid for the remainder of the period to the claimant’s surviving dependants, or
(ii
)
if there are no dependants, be credited to the Disability Fund; or
(
c
)
a life annuity with monthly payments.
Commencement
9
Sections 1, 2, 3, 4, 5 and 6 shall be deemed to have come into force on November 30, 2007.
SCHEDULE A
Disease and conditions
Length of
service
Primary site brain cancer
10 years
Primary site bladder cancer
15 years
Primary site colorectal cancer
20 years
Primary site oesophageal cancer
25 years
A primary leukemia
5 years
Primary site lung cancer (in a person who has not smoked cigarettes for a minimum of 10 years before the initial diagnosis)
15 years
Primary site kidney cancer
20 years
A primary non-Hodgkin’s lymphoma
20 years
Primary site testicular cancer
20 years
Primary site ureter cancer
15 years
N.B.
This Regulation is consolidated to July 22, 2009.
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