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    I. The Legislation

    (b) What Is Included In Earnings

    In accordance with the Regulations, earnings include the following:

    (a) amounts payable to a claimant in respect of wages, benefits or other remuneration from the proceeds realized from the property of a bankrupt employer;

    (b) workers' compensation payments received or to be received by a claimant, other than a lump sum or pension paid in full and final settlement of a claim made for workers' compensation payments;

    (c) payments a claimant has received or, on application, is entitled to receive under

    (i) a group wage-loss indemnity plan,

    (ii) a paid sick, maternity or adoption plan, or

    (iii) a leave plan providing payment in respect of the care of one or more newborn children or one or more children placed with the claimant for the purpose of adoption;

    (d) payments a claimant has received or, on application, is entitled to receive from a motor vehicle accident insurance plan provided under a provincial law in respect of the actual or presumed loss of income from employment due to injury, if the benefits paid or payable under the provincial legislation are not taken into account in determining the amount that the claimant receives or is entitled to receive from the plan;

    (e) the moneys paid or payable to a claimant on a periodic basis or in a lump sum on account of or in lieu of a pension; and

    (f) where the benefits paid or payable under the Act are not taken into account in determining the amount that a claimant receives or is entitled to receive pursuant to a provincial law in respect of an actual or presumed loss of income from employment, the indemnity payments the claimant has received or, on application is entitled to receive pursuant to that provincial law by reason of the fact that the claimant has ceased to work for the reason that continuation of work entailed physical dangers for

    (i) the claimant,

    (ii) the claimant's unborn child, or

    (iii) the child the claimant is breast-feeding

    Subsection 35(2) Employment Insurance Regulations

    Pension is defined as a retirement pension

    (a) arising out of employment or out of service in any armed forces or in a police force;

    (b) under the Canada Pension Plan; or

    (c) under a provincial pension plan.

    Subsection 35(1) Employment Insurance Regulations

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    2009-04-29