Remarried Widows Offered New Option

The Government of Nova Scotia announced today a new option for a group of widows who lost their spouses in work-related accidents and then remarried prior to 1985.

“I believe these remarried widows are being treated fairly in Nova Scotia,” said David Morse, Minister of Environment and Labour, and Minister responsible for the Workers Compensation Board. “Since January 1999, they have received a monthly WCB pension of about $750.”

In an effort to address concerns raised by a group led by Mrs. Betty Bauman of Glace Bay, Mr. Morse said the government is prepared to offer them a choice.

“This offer gives the group the option of receiving their benefits from the WCB either as a one-time payment or as a monthly benefit for the rest of their lives. We will proceed according to the wishes of the majority of the group.”

The one-time payment will be $80,000, less the benefits received since Jan. 1, 1999.

In 1999, the Government of Nova Scotia reinstated pensions retroactive to Jan. 1, 1999, for approximately 125 remarried widows even though there was no legal requirement to do so.

Since 2000, a group of these widows has undertaken legal action in an effort to gain benefits retroactive to 1985. Having lost their appeal before the Supreme Court of Nova Scotia, the group recently filed for leave to appeal at the Supreme Court of Canada.

Mr. Morse said the group will be offered the opportunity to vote on their preference to receive either the one-time payment or continuation of the monthly pension.

The province will instruct the WCB to provide the benefits according to the wishes of the majority of the group. If the remarried-widows group chooses the option of a lump sum payment, a legislative amendment will be required.

“This offer is fair compared with how other provincial governments have dealt with remarried widows in similar situations across the country,” said Mr. Morse. “Four provinces, including New Brunswick, Manitoba, Saskatchewan and Alberta, have paid survivors who remarried before 1985 a lump-sum benefit of approximately $80,000 and have not reinstated monthly benefits.”

Those widows who remarried prior to 1985 and who are not part of Mrs. Bauman’s group are not affected by this offer. Those women widowed after 1985 are not affected either. Both will continue to receive their monthly benefits.

In addition, next spring the Government of Nova Scotia will ensure all remarried widows who are eligible for benefits will receive them, by removing the deadline in the Workers’ Compensation Act of Jan. 1, 2001, to apply for benefits. Since Jan. 1, several people have come after the deadline to request benefits.