Employment Insurance Regulations — 36
he last week, equal to the claimant’s normal weekly earnings from that employment. (12) The following payments shall be allocated to the weeks in respect of which the payments are paid or payable: (a) payments in respect of sick leave, maternity leave or adoption leave or leave for the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act; (b) payments under a group sickness or disability wage-loss indemnity plan; (c) payments referred to in paragraphs 35(2)(d) and (f); (d) workers’ compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers’ compensation payments; (e) payments in respect of the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act; (f) payments in respect of the care or support of a critically ill child; and (g) payments in respect of the care or support of a critically ill adult. (13) A payment paid or payable to a claimant in respect of a holiday or non-working day that is observed as such by law, custom or agreement, or a holiday or non-working day immediately preceding or following a holiday or non-working day that occurs at the establishment of the employer or former employer from whom the claimant receives that payment, shall be allocated to the week in which that day occurs. (14) The moneys referred to in paragraph 35(2)(e) that are paid or payable to a claimant on a periodic basis shall be allocated to the period for which they are paid or payable. (15) The moneys referred to in paragraph 35(2)(e) that are paid or payable to a claimant in a lump sum shall be allocated beginning with the first week that those moneys are paid or payable to the claimant in such a manner that those moneys are equal in each week to the weekly amount, calculated in accordance with subsection (17), to which the claimant would have been entitled if the lump sum payment had been paid as an annuity. (16) The moneys allocated in accordance with subsection (14) or (15) shall not be taken into account in the allocation of other earnings under this section. (17) The weekly amount shall be calculated in accordance with the following formula, according to the claimant’s age on the day on which the lump sum payment is paid or payable: A / B where A is the lump sum payment; and B is the estimated actuarial present value * of $1 payable at the beginning of every week starting from the day on which the lump sum payment is paid or payable and payable for the claimant’s lifetime, as calculated each year in accordance with the following formula and effective on January 1 of the year following its calculation: B = [Σ t = 0 to infinity of ( t P x / (1+ i) t ) – 0.5] × 52 where t P x is the probability that the claimant will survive for “t” years from the claimant’s age “x” using the latest Canadian mortality rates used in the valuation of the Canada Pension Plan prorated in equal parts between males and females, i is the annualized long-term Government of Canada benchmark bond yields averaged over the 12-month period beginning on the September 1 and ending on the August 30 before the January 1 on which the estimated actuarial present values are effective, expressed as a percentage and rounded to the nearest one tenth of a percentage, and t is the number of years that the claimant survives according to the claimant’s age for which the probablity of survival is estimated by t P x . * Note: The estimated actuarial present values are published annually on the Service Canada website. (18) Earnings that are payable to a claimant under a government program intended to encourage re-employment and that are payable to the claimant as a supplement to earnings arising from a contract of employment shall be allocated to the period for which they are payable. (19) Where a claimant has earnings to which none of subsections (1) to (18) apply, those earnings shall be allocated (a) if they arise from the performance of services, to the