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SPECIAL PAYMENT ACT

SPECIAL PAYMENT ACT

Chapter S‑17

Table of Contents

                1       Definitions

                2       Special payment

                3       Eligibility for special payment

                4       Discontinuance of proceedings

                5       Special payment set off against judgment

                6       Special payment instead of other rights

                7       Jurisdiction of Board

                8       Application of the Workers Compensation Act

                9       Regulations


Preamble

WHEREAS The Workers’ Compensation Board has requested that it have the authority to make one lump sum payment to each individual who meets the requirements of this Act;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “Board” means The Workers’ Compensation Board;

                                 (b)    “compensation” means compensation paid pursuant to any predecessor of the Workers’ Compensation Act on account of the death of a worker resulting from an accident occurring prior to January 1, 1982;

                                 (c)    “special payment” means the prescribed amount determined by a resolution of the board of directors of the Board, which must be paid to each individual, or to the benefit of each individual, who meets the requirements of this Act.

2000 cS‑21.3 s1

Special payment

2(1)  Notwithstanding anything in the Workers’ Compensation Act or any predecessor of that Act, the Board shall make one special payment to each individual who

                                 (a)    applies to the Board for the special payment in a form acceptable to the Board,

                                 (b)    provides proof satisfactory to the Board that that individual is eligible under sections 3 and 4, and

                                 (c)    provides the Board with a release in a form acceptable to the Board.

(2)  An individual is entitled to receive the special payment only once, regardless of the number of times the individual qualifies under section 3.

(3)  No interest is payable on the special payment.

2000 cS‑21.3 s2

Eligibility for special payment

3   An individual is eligible, subject to section 4, for a special payment under section 2 only if

                                 (a)    by operation of law, remarriage has terminated or terminates the individual’s compensation,

                                 (b)    the individual has remarried or remarries, and

                                 (c)    the individual is alive on the date of that individual’s application to the Board for a special payment.

2000 cS‑21.3 s3

Discontinuance of proceedings

4   Where an individual who is otherwise eligible to receive a special payment has commenced or is participating in a civil proceeding or a complaint of any kind with respect to the termination of that individual’s compensation due to remarriage, the individual is not eligible for a special payment unless that individual discontinues that proceeding or complaint.

2000 cS‑21.3 s4

Special payment set off against judgment

5   Where an individual who is eligible to receive a special payment has obtained a judgment or decision with respect to the termination of compensation, the special payment must be reduced by the amount of money the individual received under the judgment or decision, exclusive of costs.

2000 cS‑21.3 s5

Special payment instead of other rights

6   The acceptance of a special payment provided by this Act is instead of all rights, including rights of action, statutory or otherwise, to which an individual may be entitled by reason of the termination of that individual’s compensation due to remarriage, and no action lies for recovery of a special payment in any court of law or equity or before any administrative tribunal.

2000 cS‑21.3 s6

Jurisdiction of Board

7(1)  An application for a special payment must be heard and determined by the Board, and the decision of the Board is final and conclusive and is not open to question or review in any court.

(2)  The Board has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions arising under this Act.

2000 cS‑21.3 s7

Application of the Workers Compensation Act

8   The Workers’ Compensation Act applies to this Act with necessary changes so far as it is applicable.

2000 cS‑21.3 s8

Regulations

9   The Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act may make regulations respecting any matter that the Minister considers necessary or advisable to carry out the intent of this Act.

2000 cS‑21.3 s9