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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 3.05, 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 Section 5.01(2),
the Approved HCV Personal Representative will be paid the
amount of $50,000 in full satisfaction of any and all Claims
that the 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 the $50,000 payment pursuant to Section 5.01(1),
if the Approved HCV Personal Representative of a HCV Infected
Person who died prior to 1 January 1999 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 Sections 5.01(1) and
(2), if the deceased HCV Infected Person was also a 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 Dependents 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).
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 3.05, 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 3.05(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 Spouse or
Child 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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