P-13 - Police Act

Section 76 Disposition versions

1980-06-01

76. (Replaced).

1970, c. 12, s. 14; 1971, c. 17, s. 9; 1972, c. 16, s. 7; 1979, c. 67, s. 31.

1977-12-31

76. (1)  In case of the total and permanent disability or of the death of a municipal policeman arising out of or in the course of the work that he performs as a peace officier in another territory than that of the municipality which employs him, the following compensations, in the cases enumerated below, shall replace those provided for in the Workmen’s Compensation Act; however, if benefits are payable to the policeman, his widow and children, as the case may be, under a supplemental pension plan, such compensations shall be reduced by an amount equivalent to the amount of such benefits.

(2)  In the case of total and permanent disability: an annuity equal to four-fifths of the salary that the municipal policeman was receiving on the day of the accident and, after his death, the annuities hereinafter provided.

In the case of death:

(a)  where the widow is the sole dependant, an annuity equal to one-half of the salary that the deceased was receiving when he died;

(b)  where the dependants are a widow and one or more children, an annuity equal to one-half of the salary that the deceased was receiving when he died, with an additional monthly payment of twelve dollars for each child under eighteen years of age;

(c)  where the dependants are children or the widow dies or remarries, a monthly payment of fifty dollars to each child under eighteen years of age.

The annuity and monthly payments provided for in sub-paragraph b and the monthly payments provided for in sub-paragraph c shall in no case exceed in all two-thirds of the salary that the victim was receiving when the accident occurred.

(3)  The annuities and payments provided for in this section shall be inalienable and unseizable and shall be payable in monthly instalments.

(4)  The annuity to the widow shall be payable during her widowhood only. Nevertheless, if she remarries, she shall receive a compensation equal to one-half of the annual salary that the victim was receiving when the accident occurred.

(5)  Notwithstanding the third paragraph of subsection 2 of this section, the amount of any annuity contemplated in this section shall be revalorized from the 1st of January 1970 and established, from such date, according to the salary then payable to a municipal policeman with the same rank and the same number of years of service as the victim of the accident on the date of such accident.

(6)  The amount of every annuity provided for in this section must, from the 1st of January 1970, be adjusted annually, in the manner and at the time prescribed in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9) for the adjustment of the benefits payable under the said act, so that the amount payable for a month in any year following the first or for a subsequent year is equal to the product obtained by multiplying the amount that would have been otherwise payable for the month or year by the ratio that the Pension Index for that following year bears to the Pension Index for the year preceding that following year, notwithstanding the third paragraph of subsection 2 of this section.

(7)  The amounts payable under this section shall not be less than those which would have been payable if the policeman had acted in the performance of his duties on behalf of the municipality.

1970, c. 12, s. 14; 1971, c. 17, s. 9; 1972, c. 16, s. 7.