Marginal note:Amount of benefit
23 (1) Subject to the regulations, the monthly amount of an earnings loss benefit under section 22 that is payable in respect of a member or a veteran is 75% of the member’s or veteran’s imputed income for a month.
Marginal note:Division of benefit
(2) If an earnings loss benefit is payable to a survivor or an orphan, the following rules apply:
(a) if there is a survivor but no orphans, the survivor is entitled to 100% of the earnings loss benefit;
(b) if there is a survivor and one or more orphans,
(i) the survivor is entitled to 60% of the earnings loss benefit, and
(ii) the orphans are entitled, as a class, to 40% of the earnings loss benefit, divided equally among them; and
(c) if there are one or more orphans but no survivor, each orphan is entitled to the lesser of
(i) 40% of the earnings loss benefit, and
(ii) the amount obtained by dividing the earnings loss benefit by the number of those orphans.
Marginal note:Deductions for survivor
(3) Subject to the regulations, the monthly amount of the earnings loss benefit that is payable to a survivor shall be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.
Marginal note:Regulations
(4) The Governor in Council may make regulations
(a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of members or veterans;
(b) prescribing a minimum or a maximum amount of imputed income in respect of a class of members or veterans;
(c) providing for the periodic adjustment of an earnings loss benefit calculated in accordance with subsection (1) and an amount determined for the purposes of subsection (3); and
(d) respecting the determination, for the purpose of subsection (3), of an amount payable to a survivor for a month.
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