A-25, r. 7 - Regulation respecting the determination of income and employment and the payment of the indemnity in section 83.30 of the Act

Schedule Disposition versions

2012-09-01

SCHEDULE I

(ss. 4 to 6)

INCOME ADJUSTMENT

(1) For the purposes of this Schedule, the reference period is the 5 years preceding the date of the accident.

(2) The adjustment prescribed in sections 4 to 6 is computed according to the following table:

Evaluation of the holding of                      Adjustment factors applicable    
applicable employment annually                    annually during the reference
during the reference period                       period, in percentage 
(rounded annually to the 
nearest tenth)                             
 
   0%                           (total absence)                              10

  10%                                                                        09

  20%                                                                        08

  30%                                                                        07

  40%                                                                        06

  50%                                                                        05

  60%                                                                        04

  70%                                                                        03

  80%                                                                        02

  90%                                                                        01

 100%                        (full-time employment)                          00
    

However, the victim must not be penalized in the adjustment of income for the time, within the reference period, during which the victim was not capable of holding employment.

The evaluation of the holding of employment does not take into account the fact that the employment is or is not the one determined by the Société.

When calculating a victim’s percentage of presence at work, the months when a period of employment begins and ends must be considered as being complete months for presence at work.

(3) For the purposes of sections 4 and 5, the adjustment factor is applied as follows:

GIPI - (GIPI x total of adjustment factors) = GID

GIPI being the victim’s gross income projected on an annual basis and indexed, where applicable, in accordance with Schedule II;

GID being the gross income as determined.

(4) For the purposes of section 6, the adjustment factor is applied as follows:

GIS3 - (GIS3 x total of adjustment factors) = GID

GIS3 being the gross income taken from Schedule 3;

GID being the gross income as determined.

(5) For the purposes of sections 4 to 6, no adjustment factor is applied when the victim, at the time of the accident, had been unemployed for less than a year or had been at temporary or a part-time employment for less than a year, and:

(1) held regular full-time employment for the rest of the reference period; or

(2) became capable of working only in the last year of the reference period.

(6) However, notwithstanding the result of the application of the adjustment factor according to the method indicated in this Schedule, the presumed gross income must never be less than the annual gross income determined on the basis of minimum wage referred to in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and, unless it is part-time employment, the normal work week prescribed in section 52 of the Act respecting labour standards (chapter N-1.1), as they read the day when they are to be applied.

O.C. 1923-89, Sch. I.