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ARTICLE
FIVE
COMPENSATION TO APPROVED HCV
PERSONAL REPRESENTATIVES
5.01 Compensation if Deceased
Prior to 1 January 1999 (top)
- If a HCV Infected Person died prior to 1 January
1999 and his or her HCV Personal Representative
delivers to the Administrator the evidence required
under Article Three within the period set out
in Section 3.04, the Approved HCV Personal Representative
is entitled to be reimbursed for the uninsured
funeral expenses incurred up to a maximum of $5,000
and, subject to the provisions of Sections 5.01(2)
and (3), the Approved HCV Personal Representative
will be paid the amount of $50,000 in full satisfaction
of any and all Claims that the deceased HCV Infected
Person would have had under this Plan if he or
she had been alive on or after 1 January 1999.
This $50,000 payment to the Approved HCV Personal
Representative is in addition to the Claims of
Dependants and other Family Members pursuant to
Article Six and will not affect the personal Claim
of a Spouse or Child who is also a HCV Infected
Person.
- Instead of payment pursuant to Section 5.01(1),
if a HCV Infected Person died prior to 1 January
1999 and his or her HCV Personal Representative
delivers to the Administrator the evidence required
under Article Three within the period set out
in Section 3.04 and the Approved HCV Personal
Representative of such HCV Infected Person and
all the deceased HCV Infected Person's Dependants
and other Family Members having Claims under this
Plan agree to be paid $120,000 in full satisfaction
of all their Claims pursuant to this Plan (including
all potential Claims pursuant to Article Six),
such amount will be paid jointly to them, but
such payment will not affect the personal Claim
of a Spouse or Child who is also a HCV Infected
Person..
- Notwithstanding the provisions of Section 5.01(1)
and (2), if the deceased HCV Infected Person was
also an HIV Secondarily-Infected Person who died
prior to 1 January 1999, no amount will be payable
pursuant to Section 5.01(1) unless, and then only
to the extent that, the Claims of the Approved
HCV Personal Representative and the deceased HCV
Infected Person's Dependants and other Family
Members pursuant to Article Six exceed an aggregate
of $240,000, and no amount will be payable pursuant
to Section 5.01(2).
- Instead of payment pursuant to either Section
5.01(1) or (2), if a Primarily-Infected Hemophiliac
was also infected with HIV and died prior to 1
January 1999 and his or her HCV Personal Representative
and all the deceased Primarily-Infected Hemophiliac's
Dependants and other Family Members having Claims
under this Plan agree to be paid $72,000 in full
satisfaction of all their Claims pursuant to this
Plan (including all Claims pursuant to Article
Six), such amount will be paid jointly to them
upon receipt of the following:
- the original certificate of appointment of
estate trustee, grant of probate or of letters
of administration or notarial will (or a copy
thereof certified to be a true copy by a lawyer
or notary) or such other proof of the right
of the claimant to act for the estate of the
deceased as may be required by the Administrator;
- the evidence referred to in Section 3.01(1)(a);
- the evidence referred to in Section 3.04(3)(a),
(b), (c) or (d);
- a statutory declaration referred to in Section
3.04(4); and
- any evidence required by the Administrator
pursuant to Section 3.04(5).
Such payment will not affect the personal Claim
of a Family Member who is also a HCV Infected Person.
5.02 Compensation if Deceased
After 1 January 1999 (top)
- If a HCV Infected Person died or dies on or
after 1 January 1999 and the evidence required
under Article Three has been submitted to the
Administrator by him or her prior to his or her
death or by his or her HCV Personal Representative
after his or her death and within the period set
out in Section 3.04, the Approved HCV Personal
Representative will be paid (i) the uninsured
funeral expenses incurred up to a maximum of $5,000
and (ii) whether or not the evidence required
under Section 3.04(1)(a) is provided, the amount
of all Claims payable under Article Four to which
the deceased HCV Infected Person would have been
entitled for the period up to his or her death
if he or she had not died (to the extent such
amounts have not otherwise been paid pursuant
to this Plan), but such payments are in addition
to the Claims of Dependants and Family Members
pursuant to Article Six and will not affect the
personal Claim of a Family Member who is also
a HCV Infected Person.
- Notwithstanding the provisions of Section 5.02(1),
if the deceased HCV Infected Person was also a
HIV Secondarily-Infected Person, no amount will
be payable pursuant to Section 5.02(1) unless,
and then only to the extent that, the Claims of
the Approved HCV Personal Representative and the
deceased HCV Infected Person's Dependants and
other Family Members pursuant to Article Six exceed
an aggregate of $240,000.
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