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The Manitoba Public Insurance Corporation Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 46

THE MANITOBA PUBLIC INSURANCE CORPORATION AMENDMENT ACT


 

(Assented to June 29, 1998)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P215 amended

1         The Manitoba Public Insurance Corporation Act is amended by this Act.

2         The heading for Division 2 of Part 2 is repealed and the following is substituted:

INCOME REPLACEMENT INDEMNITY,  INDEMNITIES FOR STUDENTS AND MINORS AND RETIREMENT INCOME

3         The following is added after subsection 88(2):

Pro-rating where secondary school year divided

88(3)     In a case where a school year at the secondary level is divided into semesters or terms, a pro-rated amount of the indemnity set out in clause (2)(a) is payable for each semester or term not completed, to a maximum of $6,300. for each school year not completed.

4         The following is added after subsection 91(3):

Pro-rating where secondary school year divided

91(4)     In a case where a school year at the secondary level is divided into semesters or terms, a pro-rated amount of the indemnity set out in subclause (2)(a)(i) is payable for each semester or term not completed, to a maximum of $6,300. for each school year not completed.

5         The centered heading preceding section 99 and sections 99 and 100 are repealed.

6         Sections 101 to 104 are repealed and the following is substituted:

Retirement Income and Victims Aged 65 or Older at Time of Accident

No entitlement for unemployed victim 65 years or older

101       Notwithstanding any other provision of this Part, a victim who, on the day of the accident, is 65 years of age or older and does not hold employment is not entitled to an income replacement indemnity or a retirement income.

Income replacement indemnity ceases at age 65 or after five years

102       A victim who is receiving an income replacement indemnity ceases to be entitled to receive the income replacement indemnity on the later of

(a)  the day the victim reaches his or her 65th birthday; and

(b)  the day that is five years after the day on which his or her entitlement to receive the income replacement indemnity commenced.

Retirement income after age 65

103(1)    On ceasing to be entitled to receive an income replacement indemnity as set out in section 102, a victim is entitled to be paid a retirement income calculated and determined in the manner set out in the regulations for the remainder of his or her life.

Basic retirement income amount

103(2)    Subject to the regulations, a retirement income under this section is an amount equal to 70% of the net income of the victim as that net income was determined under section 112 to establish the amount of the victim's income replacement indemnity, less the amount of any other pension income to which the victim is entitled.

Transitional

103(3)    For greater certainty, a retirement income under this section is payable to qualified victims after March 1, 1999 whether the accident that results in the bodily injuries giving rise to the claim occurs before or after March 1, 1999.

Other sections apply

103.1     Sections 149, 153, 156 to 158, 160 to 168, 189, 190, 192 and 197 apply with such modifications as the circumstances require to a retirement income under section 103.

7         Section 105 is amended

(a) in the section heading, by adding "or retirement income" after "I.R.I"; and

(b) in the section, by adding "or a retirement income" after "income replacement indemnity".

8         Subsection 111(2) is amended by striking out everything before "115" and substituting "Subject to sections".

9         Section 124 is repealed and the following is substituted:

Reimbursement of funeral expenses

124       The corporation shall reimburse the estate of a deceased victim for the actual cost of funeral expenses, including the cost of any grave marker, to a maximum of $6,000.

10         Section 125 is amended

(a) in the section heading of the English version, by striking out "Dependant may be paid periodic" and substituting "Periodic"; and

(b) in the section, by striking out "may" and substituting "shall".

11        Section 131 is amended by striking out "may" and substituting "shall".

12        Subsection 145(2) is amended by striking out "may" and substituting "shall".

13(1)     Subsection 155(1) is amended by striking out "may" and substituting "shall, at the request of the victim,".

13(2)     Subsection 155(2) is amended by striking out "may" and substituting "shall".

14(1)     Subsection 159(1) is amended

(a)  in the section heading of the English version, by adding "and retirement income" after "I.R.I."; and

(b) in the subsection, by adding "or a retirement income" after "income replacement indemnity".

14(2)     Subsection 159(2) is amended

(a) in the section heading of the English version, by adding "and retirement income" after "I.R.I."; and

(b) in the subsection, by adding "or a retirement income" after "income replacement indemnity".

14(3)     Subsection 159(3) is amended

(a) in the section heading of the English version, by adding "and retirement income" after "I.R.I.";

(b) in the subsection, by adding "or a retirement income" after "income replacement indemnity".

15        The following is added after subsection 172(2):

Response within 30 days

172(3)    The corporation shall respond to the claimant within 30 days after receiving an application for review.

16        The following is added after section 197 as part of Division 13:

Interest where benefit not paid within 30 days after entitlement established

197.1     Where the corporation fails to pay an indemnity, a retirement income or an expense to a person entitled to compensation under this Part within 30 days after the day on which the person's entitlement to the benefit is determined, the corporation shall pay to the person interest on the amount of the indemnity or expense at the prejudgement rate of interest prescribed under section 79 of The Court of Queen's Bench Act, computed from the day on which the person became entitled to the benefit.

17        Section 202 is amended by adding the following after clause (l):

(l.1) respecting the retirement income to be provided under section 103 to victims who cease to be entitled to receive an income replacement indemnity;

Coming into force

18(1)     Subject to subsection (2), this Act comes into force on the day it receives royal assent.

18(2)     Sections 5 to 9 and sections 14 and 17 come into force on March 1, 1999.