ARTICLE
SEVEN
ADJUSTMENT OF COMPENSATION
PAYMENTS
7.01 Periodic Re-assessment
by Administrator (top)
- An Approved HCV Infected Person or the Approved
Dependants may apply to the Administrator to have
the compensation payable pursuant to Article Four
or Section 6.01, respectively, re-assessed periodically
but not more frequently than every two years unless
the Administrator is satisfied that there are
exceptional circumstances that require a more
frequent re-assessment.
- The Administrator may at any time and from time
to time re-assess the compensation payable to
any Approved HCV Infected Person or the Approved
Dependants if the Administrator determines that
there has been a material change in circumstances.
7.02 Compensation Indexed to
Pension Index (top)
The amount of all of the payments to be made pursuant
to Articles Four (other than Sections 4.02, 4.06
and 4.07), Five and Six will be adjusted on the
first day of January of each calendar year during
the Term commencing on 1 January 2000 to the amounts
set out in those Articles multiplied by the ratio
that the Pension Index as defined in the Canada
Pension Plan Act for the calendar year of such adjustment
bears to that Pension Index for 1999.
7.03 Periodic Re-assessment
by Courts (top)
- The Joint Committee must apply to the Courts
within 180 days after (i) 31 December 2001 and
(ii) each third anniversary of such date to determine
whether, among other things, the restriction on
the payment of $5,000 in Section 4.01(1)(b), the
70% limitation in Sections 4.02 and 6.01 and the
$75,000 limitation in Sections 4.02 and 6.01 should
be amended (i.e., either increased or decreased)
or removed in whole or in part.
- If the Courts decide to amend the restrictions
referred to in Section 7.03(1) to increase the
amount of any payment, then the amendment will
be made strictly in accordance with the following
priorities:
- firstly, the Plan will be amended by deleting
the restriction upon payment contained in Section
4.01(1)(b) requiring the postponement of payment
of $5,000 and by providing that the full amount
of $20,000 will be paid. Each person entitled
to receive a payment that has been postponed
for his or her account in accordance with Section
4.01(1)(b) will thereupon be paid the amount
postponed plus interest thereon at the Prime
Rate commencing on the date of payment of the
$15,000 under Section 4.01(1)(b);
- secondly, after the amendment referred to
in Section 7.03(2)(a) has been made and all
amounts payable under that Section have been
paid, the Plan will then be amended by deleting
the words "70% of" from Sections 4.02
and 6.01 and substituting the percentage that
is to be recovered. Thereafter, these restrictions
will again be amended until such time as they
are deleted. Each person who previously received
compensation pursuant to Section 4.02 or 6.01
will be paid the difference between the amount
that he or she received and the amount that
he or she would have received had the substituted
percentage been in place, together with interest
on the difference at the Prime Rate commencing
on the date of payment of the reduced amount,
as amended from time to time; and
- thirdly, after the amendments referred to
in Sections 7.03(2)(a) and (b) have been made
and all amounts payable under those Sections
have been paid, the Plan will then be amended
by amending or deleting the words "provided
that the amount determined under this Section
4.02(2)(b)(i) will not exceed $75,000 multiplied
by the ratio that the Pension Index for the
year bears to the Pension Index for 1999"
in the definition of "Pre-claim Net Income"
in Section 4.02(2)(b) and the words "provided
that the amount determined under this Section
4.02(2)(c)(i) will not exceed the proportion
of the amount determined under Section 4.02(2)(b)(i)
for such year that the Approved HCV Infected
Person's Post-claim Gross Income for such year
is of such person's Pre-claim Gross Income for
such year" in the definition of "Post-claim
Net Income" in Section 4.02(2)(c). Thereafter,
such restriction will again be amended until
such time as it is deleted. Once an amendment
has been made, each person who previously received
compensation pursuant to Section 4.02 or 6.01
will be paid the difference between the amount
that he or she received and the amount that
he or she would have received had the amendment
or deletion been in place, together with interest
on the difference at the Prime Rate commencing
on the date of payment of the reduced amount,
as varied from time to time.
- Notwithstanding the provisions of Section 7.03(1),
in the event of a material change in circumstances,
the Joint Committee, any Class Action Counsel
or the Fund Counsel may apply to the Courts at
any time to assess the financial viability and
sufficiency of the Trust Fund and whether the
restriction on the payment of $5,000 under Section
4.01(1)(b), the 70% limitation in Sections 4.02
and 6.01 and the $75,000 limitation in Sections
4.02 and 6.02 should be amended (i.e., either
increased or decreased) or removed in whole or
in part.
Interest will not accrue on amounts payable under
this Plan except as specifically provided in Section
7.03(2). Interest payable under this Plan must be
calculated on the basis of simple interest, not
compound interest. There will be no interest paid
on the Pension Index adjustment component of any
payment.
In the absence of fraud, any amount paid pursuant
to this Plan is not refundable in the event that
it is later determined that the recipient was not
entitled to receive or be paid all or part of the
amount so paid, but the recipient may be required
to account for any amount that he or she was not
entitled to receive against any future payments
that he or she would otherwise be entitled to receive
pursuant to this Plan.
7.06 Payments to Public Trustee
(top)
Notwithstanding any of the other provisions of
this Plan, any amount payable to a minor or mentally
incompetent person hereunder will be paid to the
Public Trustee or Public Curator or such other person
as the law provides in the Province or Territory
where the minor or mentally incompetent person resides
or is deemed to reside. The Public Trustee or Public
Curator or such other person as the law provides
will determine the manner of payment of such amount
to or for the benefit of the minor or mentally incompetent
person.
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