Acts and Regulations

F-12.5 - Firefighters’ Compensation Act

Section 22
Disposition versions

Full text
Survivors’ benefits - first year
22(1)If a firefighter or former firefighter is survived by a dependent spouse, the Commission shall pay to that spouse for one year or to the age of 65 years, whichever occurs first, benefits equal to 80% of the firefighter’s or former firefighter’s average net earnings, based on his or her average earnings as determined by the Commission.
22(2)If there is a surviving child of the firefighter or former firefighter and the surviving dependent spouse is unable or unwilling to care for the child, if the surviving dependent spouse dies before an election is made under section 23 or if the firefighter or former firefighter leaves no surviving dependent spouse, the Commission shall pay benefits to the guardian of the child as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age and up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age and up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
22(3)Adjustments in the benefits payable under subsection (2) due to a change in the child’s age are effective the month following the child’s anniversary month.
22(4)If benefits are payable for a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
22(5)The Commission shall pay benefits for a surviving dependent invalid child without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (2), but the yearly amount paid shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child ceases to be an invalid or dependant.
22(6)If a person, other than a surviving dependent spouse or a child referred to in subsection (2) or (4), was dependent upon the firefighter or former firefighter at the time of his or her death, the Commission may pay benefits to that dependant
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale to be determined by the Commission, having regard to the scale of payments set out in this section, and
(b) only so long as, in the opinion of the Commission, it might reasonably have been expected, had the firefighter or former firefighter lived, he or she would have continued to contribute to the support of the dependant.