A-25, r. 13 - Regulation respecting the payment of income compensation entitlement in a single amount

Updated to 1 October 2024

This document has official status.

chapter A-25, r. 13

Regulation respecting the payment of income compensation entitlement in a single amount

Automobile Insurance Act

(chapter A-25, s. 195, par. 34).

1. The conversion of an income replacement indemnity entitlement into a single payment by the Société de l’assurance automobile du Québec is subject to the following rules and terms:

(1)  the victim’s medical condition is stable: no improvement or deterioration that would affect the victim’s fitness for work can be expected in the short or long term;

(2)  the amount of income replacement indemnity payment is stable: there is no foreseeable reduction in the regular payment due to a disability benefit payable under a program referred to in section 83.68 of Automobile Insurance Act (chapter A-25);

(3)  application of basic mortality rates used by the Régie des rentes du Québec for the actuarial valuation at 31 December 1994, which were determined from data on death rates for the years 1990 to 1992 supplied by the Institut de la statistique du Québec;

(4)  adjustment of mortality rates with dynamic improvement factors used by the Régie des rentes du Québec for the actuarial valuation at 31 December 1994, by applying the following formula:

qx (s, x, y) = qx (s, x, d) × facx (s, x) (y-d)

where

s: sex, x: age, y: projection, d: 1991

facx (s, x) = dynamic improvement factor by sex, age

(5)  in order to reflect the specific experience of death rates for victims receiving an income replacement indemnity from the Société, application of the following correction factors, which vary with the level of anatomophysiological deficit (DAP), to mortality rates calculated above, using the formula;

dapqx (s, x) = 1-exp (a × 1n (1-qx (s, x))

where

s: sex, x: age

a: correction factor according to DAP:

DAP of 0.00% to 35%: 1.046

DAP of 35.01% to 75%: 1.393

DAP of over 75%: 2.113

DAP undetermined: 1.272

(6)  application of a net interest rate for the first 15 years after the date of the calculation corresponding to the most recently available real interest rate at the end of the month on Government of Canada bonds, as published by the Bank of Canada (reference No. V122553), adjusted as follows:

(a)  addition of 0.25%;

(b)  conversion of the resulting nominal interest rate, which is compounded on a semi-annual basis, to the equivalent annual rate;

(7)  as of the sixteenth year, application of an interest rate of 3.25%.

O.C. 1335-99, s. 1.

2. (Omitted).

O.C. 1335-99, s. 2.

REFERENCES

O.C. 1335-99, 1999 G.O. 2, 4546