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Revised Statutes of Alberta 2000
Chapter S-17

Current as of January 1, 2002

SPECIAL PAYMENT ACT

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SPECIAL PAYMENT ACT
Chapter S-17
Table of Contents
1 Definitions
2 Special payment
3 Eligibility for special payment
4 Discontinuance of proceedings
5 Special payment set off against judgment
6 Special payment instead of other rights
7 Jurisdiction of Board
8 Application of the Workers Compensation Act
9 Regulations
Preamble
WHEREAS The Workers Compensation Board has requested that
it have the authority to make one lump sum payment to each
individual who meets the requirements of this Act;
THEREFORE HER MAJESTY, by and with the advice and
consent of the Legislative Assembly of Alberta, enacts as follows:
Definitions
1 In this Act,
(a) Board means The Workers Compensation Board;
(b) compensation means compensation paid pursuant to any
predecessor of the Workers Compensation Act on account
of the death of a worker resulting from an accident
occurring prior to January 1, 1982;
(c) special payment means the prescribed amount
determined by a resolution of the board of directors of the
Board, which must be paid to each individual, or to the
RSA 2000
Section 2 Chapter S-17

SPECIAL PAYMENT ACT

2
benefit of each individual, who meets the requirements of
this Act.
2000 cS-21.3 s1
Special payment
2(1) Notwithstanding anything in the Workers Compensation Act
or any predecessor of that Act, the Board shall make one special
payment to each individual who
(a) applies to the Board for the special payment in a form
acceptable to the Board,
(b) provides proof satisfactory to the Board that that
individual is eligible under sections 3 and 4, and
(c) provides the Board with a release in a form acceptable to
the Board.
(2) An individual is entitled to receive the special payment only
once, regardless of the number of times the individual qualifies
under section 3.
(3) No interest is payable on the special payment.
2000 cS-21.3 s2
Eligibility for special payment
3 An individual is eligible, subject to section 4, for a special
payment under section 2 only if
(a) by operation of law, remarriage has terminated or
terminates the individuals compensation,
(b) the individual has remarried or remarries, and
(c) the individual is alive on the date of that individuals
application to the Board for a special payment.
2000 cS-21.3 s3
Discontinuance of proceedings
4 Where an individual who is otherwise eligible to receive a
special payment has commenced or is participating in a civil
proceeding or a complaint of any kind with respect to the
termination of that individuals compensation due to remarriage,
the individual is not eligible for a special payment unless that
individual discontinues that proceeding or complaint.
2000 cS-21.3 s4
RSA 2000
Section 5 Chapter S-17

SPECIAL PAYMENT ACT

3
Special payment set off against judgment
5 Where an individual who is eligible to receive a special
payment has obtained a judgment or decision with respect to the
termination of compensation, the special payment must be reduced
by the amount of money the individual received under the
judgment or decision, exclusive of costs.
2000 cS-21.3 s5
Special payment instead of other rights
6 The acceptance of a special payment provided by this Act is
instead of all rights, including rights of action, statutory or
otherwise, to which an individual may be entitled by reason of the
termination of that individuals compensation due to remarriage,
and no action lies for recovery of a special payment in any court of
law or equity or before any administrative tribunal.
2000 cS-21.3 s6
Jurisdiction of Board
7(1) An application for a special payment must be heard and
determined by the Board, and the decision of the Board is final and
conclusive and is not open to question or review in any court.
(2) The Board has exclusive jurisdiction to examine, inquire into,
hear and determine all matters and questions arising under this Act.
2000 cS-21.3 s7
Application of the Workers Compensation Act
8 The Workers Compensation Act applies to this Act with
necessary changes so far as it is applicable.
2000 cS-21.3 s8
Regulations
9 The Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act may make
regulations respecting any matter that the Minister considers
necessary or advisable to carry out the intent of this Act.
2000 cS-21.3 s9