Bill 6 — Fourth Session, 24Th Legislature, 49 Elizabeth Ii the Legislative Assembly of Alberta Bill 6 Special Payment Act (Legislature 24, Session 4)

L24 S4 827

Alberta — Bills

2000 BILL 6 Fourth Session, 24th Legislature, 49 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6 SPECIAL PAYMENT ACT THE MINISTER OF HUMAN RESOURCES AND EMPLOYMENT First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 2000 (24th, 4th) Bill 6, Special Payment Act

Bill 6 BILL 6 2000 SPECIAL PAYMENT ACT (Assented to , 2000) Table of Contents

Definitions 1 Special payment 2 Eligibility for special payment 3 Discontinuance of proceedings 4 Special payment set off against judgment 5 Special payment in lieu of other rights 6 Jurisdiction of Board 7 Application of the Workers’ Compensation Act 8 Regulations 9

PreambleWHEREAS 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:

Definitions1 In this Act, (a) “Accident Fund” has the same meaning as in the Workers’ Compensation Act, (b) “Board” means the Workers’ Compensation Board; (c) “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; 1

(d) “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. 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. 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. Discontinu- ance 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. 2

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.

Special payment in lieu of other rights 6 The acceptance of a special payment provided by this Act is in lieu 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.

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. Application of the Workers’ Compensation Act 8 The Workers’ Compensation Act applies to this Act with necessary changes so far as it is applicable. Regulations9 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. 3 Title: 2000 (24th, 4th) Bill 6, Special Payment Act

Document details

Collection	Alberta — Bills
Citation	L24 S4 827
Type	bill
Volume / chapter	L24 S4 827
Language	en
Format	json
Source	PROVINCIAL
Identifier	dc4a9ded200e5175cbb48ef7c93f94fe28937147

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