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ARTICLE SEVEN
ADJUSTMENT OF COMPENSATION PAYMENTS

7.01 Periodic Re-assessment by Administrator (top)

  1. 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.
  2. 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)

  1. 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.
  2. If the Courts decide to amend the restrictions referred to in Section 7.03(1) to increase the amount of any payments, then the amendment will be made strictly in accordance with the following priorities:
  1. 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);
  2. 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
  3. 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.
  1. 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.

7.04 Interest (top)

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.

7.05 Set-Off (top)

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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