Acts and Regulations

F-12.5 - Firefighters’ Compensation Act

Section 25
Disposition versions

Full text
Election - 60% average net earnings model
25(1)If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to the spouse
(a) as soon as practicable after the election is effective, a lump sum payment equal to 60% of the net annual income of the firefighter or former firefighter, as determined by the Commission,
(b) up to the age of 65 years, an amount equal to 60% of the firefighter’s or former firefighter’s average net earnings, based on his or her average net earnings as determined by the Commission, and
(c) an amount under subsection (3) in respect of each dependent child.
25(2)The Commission shall review the benefits payable to a spouse under paragraph (1)(b) each year as of the anniversary date of the death of the firefighter or former firefighter and, for the purposes of the 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.
25(3)The benefits payable to a surviving dependent spouse in respect of a dependent child shall be 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 and 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.
25(4)If the surviving dependent spouse is unable or unwilling to care for a dependent child of the firefighter or former firefighter or the spouse subsequently dies, the benefits referred to in subsection (3) are payable to the guardian of the child.
25(5)Adjustments in the benefits payable in respect of a dependent child due to a change in the child’s age are effective the month following the child’s anniversary month.
25(6)If benefits are payable in respect of a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
25(7)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 (3), 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.
25(8)If a person, other than a surviving dependent spouse or child referred to in subsection (3) or (7), 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 laid down 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 - 60% average net earnings model
25(1)If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to the spouse
(a) as soon as practicable after the election is effective, a lump sum payment equal to 60% of the net annual income of the firefighter or former firefighter, as determined by the Commission,
(b) up to the age of 65 years, an amount equal to 60% of the firefighter’s or former firefighter’s average net earnings, based on his or her average net earnings as determined by the Commission, and
(c) an amount under subsection (3) in respect of each dependent child.
25(2)The Commission shall review the benefits payable to a spouse under paragraph (1)(b) each year as of the anniversary date of the death of the firefighter or former firefighter and, for the purposes of the 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.
25(3)The benefits payable to a surviving dependent spouse in respect of a dependent child shall be 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 and 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.
25(4)If the surviving dependent spouse is unable or unwilling to care for a dependent child of the firefighter or former firefighter or the spouse subsequently dies, the benefits referred to in subsection (3) are payable to the guardian of the child.
25(5)Adjustments in the benefits payable in respect of a dependent child due to a change in the child’s age are effective the month following the child’s anniversary month.
25(6)If benefits are payable in respect of a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
25(7)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 (3), 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.
25(8)If a person, other than a surviving dependent spouse or child referred to in subsection (3) or (7), 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 laid down 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.