Electing the OAS Equivalent - Archived April 9, 2021

Policy

A worker may elect to receive an amount equal to the full monthly pension for Old Age Security (OAS), instead of a future economic loss (FEL) benefit, if the worker meets the following criteria

is at least 55 years of age when the WSIB determines or reviews the FEL benefit
has not returned to work, and
is unlikely, in the opinion of the WSIB, to benefit from a work transition (WT) plan which could help the worker return to work.

Purpose

The purpose of this policy is to outline when a worker may elect to receive an amount equal to the full monthly pension for OAS instead of a FEL benefit.

Guidelines

Eligibility

For a worker to be eligible to elect the OAS equivalent option, the worker must be entitled to either a FEL benefit that is greater than zero, or a FEL sustainability benefit that is greater than zero.

A worker is not eligible to elect the OAS option, if the worker

was able to return to work, with or without a WT plan, and chose not to do so, or
returned to work and was able to sustain earnings, but left the workforce for reasons unrelated to the injury.

Application

The option to elect the OAS equivalent can be considered at an initial FEL determination, or at any subsequent FEL review as long as the worker meets the criteria (see Policy and eligibility guidelines above).

Re-election

The WSIB continues to pay the OAS equivalent until there is a review. A review may be prompted by the reporting of a material change in circumstances, or it may be initiated by the WSIB. At each review, a worker can elect the OAS equivalent or the FEL benefit as long as they continue to meet the criteria, as specified above.

If before the final review (60 months after the FEL is determined) a worker's condition deteriorates resulting in an increase in the worker's non-economic loss (NEL) benefit, the worker can continue receiving the OAS equivalent or can elect to receive a FEL benefit. This is because workers are entitled to a FEL review if their NEL benefit is increased.

For information on

NEL determinations, see 18-05-03, Determining the Degree of Permanent Impairment,
NEL redeterminations, see 18-05-09, NEL Redeterminations.

Application date

This policy applies to all FEL decisions made on or after January 1, 2015, for accidents from January 2, 1990 to December 31, 1997.

Document History

This document replaces 18-04-09 dated February 15, 2013.

This document was previously published as:
18-04-09 dated October 12, 2004
18-04-09 dated November 30, 2000
18-04-09 dated June 15, 2009
7.8* dated January 1, 1998
05-05-10* dated February 12, 1992
*documents were replaced by 18-04-09 dated June 15, 1999.

References

Legislative Authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 102, 108

Workers' Compensation Act, R.S.O. 1990, as amended
Section 43

Minute

Administrative
#8, December 12, 2014, Page 522