Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 36

A N ACT TO AMEND THE WORKPLACE

HEALTH, SAFETY AND COMPENSATION ACT NO. 2

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SHERRY

GAMBIN-WALSH

Minister

Responsible for Workplace NL

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Workplace Health, Safety and Compensation Act

to replace the current pension replacement benefit with a lump sum retirement

benefit.

A BILL

AN ACT TO AMEND THE WORKPLACE HEALTH,

SAFETY AND COMPENSATION ACT NO. 2

Analysis

S.2 Amdt.

Definitions

S.75 R&S

Retirement benefits

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW-11

as amended

1. Subsection 2(1) of the Workplace Health, Safety and Compensation Act is amended by adding

immediately after paragraph (

j) the following:

(j.1) "employer-sponsored pension plan"

includes

(

i) a pension plan that is registered with and

certified by the Superintendent of Pensions under the Pension Benefits

Act, 1997 or an equivalent Act of another province or of the

Parliament of Canada; and

(ii) a pension plan that is established under an

Act of the province;

Section 75 of the Act is repealed and the

following substituted:

Retirement

benefits

(1) Where

a worker who is in receipt of extended earnings loss benefits on or after

January 1, 2019 reaches the age of 65 years, the worker is entitled to receive

a lump sum payment equal to

(a) 5% of extended earnings loss benefits paid to

the worker, together with accrued interest; or

(b) 10% of extended earnings loss benefits paid to

the worker, together with accrued interest, where the worker is or was at the

time of the injury a member of an employer-sponsored pension plan.

(2) Notwithstanding subsection (1), a worker to

whom subsection 74(5) applies is entitled to a lump sum payment equal to the

amount specified in paragraph (1)(

a) or (

b) in relation to all benefits paid under

subsection 74(5), together with accrued interest.

(3) For the purpose of subsections (1) and (2),

the rate of interest is equal to the injury fund's 4 year average net rate of return.

(4) Where a worker dies before receiving a lump

sum payment under subsections (1) or (2), the lump sum payment shall be paid by

the commission to those dependents of the deceased worker who the commission

considers to be appropriate recipients.

Commencement

3. This Act comes into force on January 1, 2019.

Queen's Printer