The Gazette 1991

april 1991

g a z e t t e

Consideration might have to be given to apportioning the money not only to husband and wife but also amongst other children - this, in my experience, is a rare occurence. When an individual retires, probably at age 65, that person as likely as not will experience a reduction in gross income and no doubt in take home pay. As with the period between death and date of trial, in which suppo rt is assumed to increase in line with in- creases in earnings, so also must one allow for a reduction in support as a result of a reduction in income at retirement. Wrongful dismissal can arise because of a breach of con- tract in which event one would be in the Law Courts or there might be unfair dismissal, in which event one is appearing before the Employment Ap- peals Tribunal. The essential difference is that in the latter case compensation is restrict- ed to 104 weeks remuneration irrespective of the value of the loss. In wrongful dismissal cases the major function performed by an actuary is in valuing any pension rights that might be lost as a result of an individual losing his or her job. 8.2 Criminal Injuries Tribunal The Criminal Injuries Com- pensation Tribunal can award damages to people who have suffered as a result of criminal injuries, for example the family of a man who might have been murdered or an individual who might have received injury in a fight. The compensation is paid out of Government funds and is totally gratuitous. Because of that, the ex- clusions in Section 50 of the 8. OTHER TYPES OF CASES 8.1 Wrongful dismissal 7.5.4 After retirement

Civil Liability Act, 1961 and in Section 2 of the Civil Liability (Amendment) Act, 1964 do not apply in so far as pensions payable by the State are concerned, i.e. a w i d ow ' s pension or a disablement pension - in other words, the Government is not going to compensate somebody twice. 8.3 Garda Compensation Acts These Acts provide a basis for compensation in the event that a Garda is injured or killed in the course of duty. In the event of death, a widow's pension is not set off against the financial loss but, in t he event of injury, any pension payable is taken into account. 1. Date of death. 2. Dates of birth of deceased, his wife, of each of his children and any other statutory de- pendants who were financially dependent on him. 3. How much was deceased earning at the time of his death? 4. If deceased were still alive what would he now be earning and how, and wi th effect from what dates, has this altered between the date of his death and the present time? 5. What deductions were made for tax and social welfare at the time of his death, and what deductions for these items would now be made? 6. Was deceased's wife working at the time of his death and, if so, how much was she earning? How much is she now earning? If no longer working, is this as a direct result of deceased's death or for other reasons? 7. How did deceased spend his income? 9. CONCLUSION The v i ews expressed in this paper are my own. Any errors are entirely my responsi- bility. APPENDIX

(a) Did he give his total income to his wife, who in turn gave him pocket money or (b) did he withhold some of pocket money, and give the balance to his wife, or (c) did he give his wife a fixed amount, and (d) did he contribute to any other member of t he family? 8. What was t he cost of household overheads, such as rent, rates, light, heat, fuel, TV, etc. at the date of death? 9. Who paid the overheads? 10. Did deceased run a car? If so, what was the cost of running that car, and who paid for it? Can deceased's wife drive? 11. Did deceased provide services in and around the home which are not now being provided? This would cover such items as growing vegetables, cut- ting turf, painting, decorating etc? What was the value of these services at the time of death? 12. What was deceased's health before his death? What is the state of health of his financial dependants? 13. When would deceased have retired and what would his income then have been? 14. Were the children pursuing or likely to pursue third level education? 15. What assets did deceased leave? Please supply a Schedule of Assets. 16. Did deceased die testate or intestate? DEATH AND INJURY CLAIMS by P B Segrave-Daly. Presented to the Society of Actuaries in Ireland in March 1974. 2. ACTUARIAL ASSESSMENT OF DAMAGES by J H Prevett. Published in JIA Vol 94 Part III. 3. THE ACTUARY IN DAMAGES CASES - EXPERTWITNESSOR COURT ASTROLOGER? by Robert Owen and Philip Shier. Presented to the Institute of Actuaries Student Society in March 1985. Bibliography 1. PROBLEMS IN VALUING

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