70% Limitation on Loss of Income or Loss of Support
Section 4.02(2) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B) provides that each living HCV Infected
Person is entitled to receive compensation for loss of income
based on each calendar year equal to 70% of his or her Annual
Loss of Net Income for such year until he or she reaches
age 65.
This limitation was created as a temporary safeguard to ensure
a minimum level of benefits to all claimants.
This 70% limitation will remain in effect until the Courts
determine that it should be amended or removed in whole or
in part.
Under s. 7.03(1) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B), the Joint Committee may bring a motion
every third anniversary of June 30, 2002 asking the Courts
to determine whether the restriction on the payment should
be amended or removed in whole or in part with respect to
the 70% limitation applicable in sections 4.02 (loss of income)
of the Transfused
Plan (Schedule A) and
Hemophiliac Plan (Schedule B) and 6.01 (loss of support)
of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B).
It is pre-determined that this 70% limitation will next be
re-assessed by the Courts. The Settlement Agreement could
be amended so as to delete the words “70% of”
from section 4.02 (2) of the Transfused
Plan (Schedule A) and
Hemophiliac Plan (Schedule B) and 6.01 (loss of support)
of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B) and substituted with a greater percentage
of recovery for the claimant.
This limitation could be re-assessed to the point where it
is altogether deleted.
If you received loss of income compensation or loss of support
compensation, you will be paid the difference between what
you received (70%) and the new substituted percentage. Interest
on the difference will be paid at the Prime
Rate commencing on the date of payment of the reduced
payment.
Section 7.04 of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B) provides that interest payable under
the plans must be calculated on the basis of simple interest,
not compound interest.
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