A-3.001 - Act respecting industrial accidents and occupational diseases

Section 561 Disposition versions

1985-08-19

561. Where a surviving spouse exercises the option provided for in section 559 and there is, at the date of the option, a dependent person of full age for whom he receives monthly benefits under the Workers’ Compensation Act (chapter A-3) by reason of the death of the worker, the dependent person is entitled to receive his share of the benefits in the form of monthly benefits, revalorized pursuant to section 41 of the said Act.

If the monthly benefits received by the spouse under the Workers’ Compensation Act are due by reason of a death which occurred after 31 December 1978, the share of the dependent person is equal to a percentage of the indemnity contemplated in subsection 1 of section 35 of the said Act, revalorized pursuant to section 41 of the said Act.

The percentage is equal to the difference between the percentage established under subsection 2 of section 35 of the said Act, according to the number of dependent persons at the date of the option and 55%, divided by the number of dependent persons, other than the spouse, existing at that date.

The percentage is redetermined each time one of the dependent persons, other than the spouse, ceases to be a dependent person, according to the number of remaining dependent persons, including the spouse.

1985, c. 6, s. 561.