Acts and Regulations

F-12.5 - Firefighters’ Compensation Act

Section 24
Disposition versions

Full text
Election - 85% average net earnings model
24(1)The following definitions apply in this section.
“net family income” means the aggregate of (revenu familial net)
(a) the average net earnings of the firefighter or former firefighter, and
(b) the earnings of the new spouse, if any, not exceeding the maximum annual earnings, at the time of the award or review of benefits under this section, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) payable by the new spouse based on those earnings.
“new spouse” means a person(nouveau conjoint)
(a) who marries and is cohabiting with a surviving dependent spouse, or
(b) who is cohabiting with a surviving dependent spouse in a conjugal relationship.
24(2)If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to that spouse up to the age of 65 years, subject to subsection (3), benefits equal to 85% of the firefighter’s or former firefighter’s average net earnings, based on his or her average earnings as determined by the Commission.
24(3)If the payment of the full benefit under subsection (2) would, when combined with
(a) the earnings, not exceeding the maximum annual earnings, of the new spouse, if any, at the time of the award or review of benefits under this section, less
(b) any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that are payable by the new spouse, if any, on those earnings,
exceed 85% of the net family income, there is payable to the surviving dependent spouse only that portion of benefits which, when combined with the amount calculated pursuant to paragraphs (a) and (b), does not exceed 85% of the net family income.
24(4)Benefits awarded to a surviving dependent spouse shall be reviewed each year as of the anniversary date of the death of the firefighter or former firefighter and for the purposes of this review the average earnings of the firefighter or former firefighter, as previously determined by the Commission, shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
24(5)The Commission may withhold benefits until the surviving dependent spouse provides the Commission with the information necessary to calculate the benefits payable under this section.
24(6)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 or the surviving dependent spouse subsequently dies, 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 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 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.
24(7)Adjustments in the benefits payable under subsection (6) due to a change in the child’s age are effective the month following the child’s anniversary month.
24(8)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.
24(9)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 laid down in subsection (6), but the yearly amount paid by the Commission 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.
24(10)If a person, other than a surviving dependent spouse or child referred to in subsection (6) or (9), 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.
Election - 85% average net earnings model
24(1)The following definitions apply in this section.
“net family income” means the aggregate of (revenu familial net)
(a) the average net earnings of the firefighter or former firefighter, and
(b) the earnings of the new spouse, if any, not exceeding the maximum annual earnings, at the time of the award or review of benefits under this section, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) payable by the new spouse based on those earnings.
“new spouse” means a person(nouveau conjoint)
(a) who marries and is cohabiting with a surviving dependent spouse, or
(b) who is cohabiting with a surviving dependent spouse in a conjugal relationship.
24(2)If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to that spouse up to the age of 65 years, subject to subsection (3), benefits equal to 85% of the firefighter’s or former firefighter’s average net earnings, based on his or her average earnings as determined by the Commission.
24(3)If the payment of the full benefit under subsection (2) would, when combined with
(a) the earnings, not exceeding the maximum annual earnings, of the new spouse, if any, at the time of the award or review of benefits under this section, less
(b) any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that are payable by the new spouse, if any, on those earnings,
exceed 85% of the net family income, there is payable to the surviving dependent spouse only that portion of benefits which, when combined with the amount calculated pursuant to paragraphs (a) and (b), does not exceed 85% of the net family income.
24(4)Benefits awarded to a surviving dependent spouse shall be reviewed each year as of the anniversary date of the death of the firefighter or former firefighter and for the purposes of this review the average earnings of the firefighter or former firefighter, as previously determined by the Commission, shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
24(5)The Commission may withhold benefits until the surviving dependent spouse provides the Commission with the information necessary to calculate the benefits payable under this section.
24(6)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 or the surviving dependent spouse subsequently dies, 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 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 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.
24(7)Adjustments in the benefits payable under subsection (6) due to a change in the child’s age are effective the month following the child’s anniversary month.
24(8)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.
24(9)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 laid down in subsection (6), but the yearly amount paid by the Commission 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.
24(10)If a person, other than a surviving dependent spouse or child referred to in subsection (6) or (9), 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.