A-3.001 - Act respecting industrial accidents and occupational diseases

Section 559 Disposition versions

1985-08-19

559. A person contemplated in section 558 who is entitled to a life pension as the surviving spouse of a deceased worker may, if he is less than 65 years of age, opt to receive the indemnities provided for in sections 98, 100 and 101.

For the purposes of computing the indemnities,

(1)  the date of the option is deemed to be the date of the worker’s death;

(2)  the gross annual employment income of the deceased worker is the higher of

(a)  that which he derived from the employment he held at the date of his death, revalorized each year until the date of the option according to the percentage determined in accordance with the Workers’ Compensation Act (chapter A-3) for each of those years, up to the Maximum Yearly Insurable Earnings established under section 66 at the date of the option; and

(b)  $25,000.

For the purposes of this section, the amount of $25,000 provided for herein is revalorized in accordance with sections 118 to 123 and the amount of the gross annual income that is the basis for the computation of the indemnity provided for in section 101 is revalorized each year on the anniversary of the option in accordance with sections 119 to 123.

1985, c. 6, s. 559.