A-25, r. 15 - Regulation respecting income

Schedule Disposition versions

2013-01-01

SCHEDULE 1

ADJUSTMENT OF INCOME

(1) The adjustment provided for in sections 7 to 10 is computed according to the following table:

Evaluation of the holding                              Adjustment factors   
of an employment applicable                            applicable annually during  
annually during the                                    the reference period, in   
reference period                                       percentage 
(rounded annually to  
the nearest tenth)


           0%                   (total absence)                     20             

          10%                                                       18

          20%                                                       16

          30%                                                       14

          40%                                                       12

          50%                                                       10

          60%                                                       08

          70%                                                       06

          80%                                                       04

          90%                                                       02

         100%              (i.e. regular employment)                00
        

The 5 years preceding the day of the accident constitute the reference period.

However, the victim must not be penalized in the adjustment of his income for the time, within the reference period, during which he was unable to hold an employment.

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

2. (1) For the purposes of sections 7 and 8, the adjustment factor is applied as follows:

RBRR —(RBRR × total of adjustment factors) = RBP

RBRR being the victim’s gross income projected on an annual basis

RBP being the presumptive gross income.

2) For the purposes of sections 9 and 10, the adjustment factor is applied as follows:

RBA3 —(RBA3 × total of adjustment factors) = RBP

RBA3 being the gross income taken from Schedule 3

RBP being the presumptive gross income.

(3) There are 2 exceptions to the application of the adjustment factor:

1) The reference period may be shorter than 5 years when the victim has not been available to hold employment for a period of 5 years, the availability to hold employment being calculated from the termination of studies.

In such a case, if the reference period is composed of one or several complete years and a fraction of a year, for the purposes of applying the income adjustment factor, this fraction of a year represents a full year and the number of months without employment during this fraction of a year is the number of months without employment during the complete year.

2) In the application of sections 7 to 10, no adjustment factor is subtracted when the victim, at the time of the accident, is without employment since less than a year or held a casual or a part-time employment since less than a year, and:

(a) always held a regular full time employment for the rest of the reference period; or

(b) the reference period is shorter than a year.

(4) However, notwithstanding the result of the application of the adjustment factor according to the method indicated in this Schedule, the presumptive gross income foreseen in section 20 of the Act may never be less than $5,000.

R.R.Q., 1981, c. A-25, r. 11, Sch. 1.