Compensation reduced by certain benefits under Canada Pension Plan

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Read excerpts from the WCB’s governing legislation on compensation to dependants reduced by certain benefits under CPP for a worker who has died.

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General

Compensation reduced by certain benefits under Canada Pension Plan

95 (1) In this section, periodic benefits means periodic benefits relative to the death or injury of a worker that the worker or the worker’s surviving spouse is entitled to receive pursuant to the Canada Pension Plan or the Québec Pension Plan.

(2) On the expiration of 12 months from the date of commencement of the worker’s loss of earnings resulting from the injury, one-half of the worker’s or the worker’s surviving spouse’s periodic benefits are to be considered as wages that the worker is capable of earning for the purposes of:

  1. calculating the compensation to be paid by the board for loss of earnings; or
  2. determining the worker’s surviving spouse’s entitlement.

(3) Subsection (2) does not apply to benefits paid pursuant to subsection 70(5), sections 74 and 77, clause 81(1)(b) and sections 83, 84, 85 and 89.

 

Other relevant sections from The Workers’ Compensation Act, 2013:

Compensation to dependants

Compensation and expenses payable on death of worker – Section 80

Surviving dependent spouse – Section 81

If dependants do not live together – Section 82

Certain dependent children 18 to 25 years – Section 83

Adopting parent, etc., of dependent children – Section 84

If there are only dependent children – Section 85

Other dependants – Section 86

Partial dependency – Section 87

Proof of necessities, etc. – Section 88

 

General

Other benefits to be taken into account – Section 96

If worker or dependant under legal disability – Section 97

Board may fix periods of payment – Section 98

Suspension of payment – Section 99

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CTA: Looking for more information on the Canada Pension Plan (CPP) survivor’s pension?

Looking for more information on the Canada Pension Plan (CPP) survivor’s pension?

The CPP survivor’s pension is paid to the person who, at the time of death, is the legal spouse or common-law partner of the deceased contributor. Find out how much you may be eligible for and how and when you should apply for this monthly pension.

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