L-1 - Legislature Act

Replaced on 27 May 1992

This document has official status.

chapter L-1

Legislature Act

Chapter L-1 is replaced by the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) (1992, c. 9, s. 2).

1992, c. 9, s. 2.

DIVISION I

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

1. (Replaced).

R. S. 1964, c. 6, s. 1; 1968, c. 9, s. 1; 1982, c. 62, s. 143; 1982, c. 62, s. 167.

2. (Replaced).

R. S. 1964, c. 6, s. 2; 1968, c. 9, s. 90; 1982, c. 62, s. 167.

3. (Replaced).

R. S. 1964, c. 6, s. 3; 1982, c. 62, s. 167.

4. (Replaced).

R. S. 1964, c. 6, s. 4; 1982, c. 62, s. 167.

DIVISION II

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

§ 1 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

5. (Replaced).

R. S. 1964, c. 6, s. 19; 1965 (1st sess.), c. 11, s. 1; 1973, c. 10, s. 1; 1982, c. 62, s. 143; 1982, c. 62, s. 167.

6. (Replaced).

R. S. 1964, c. 6, s. 20; 1968, c. 9, s. 90; 1979, c. 57, s. 45; 1982, c. 62, s. 167.

7. (Replaced).

R. S. 1964, c. 6, s. 21; 1968, c. 9, s. 3; 1971, c. 9, s. 1; 1982, c. 62, s. 167.

8. (Replaced).

1973, c. 10, s. 2; 1977, c. 11, s. 132; 1979, c. 56, s. 240; 1982, c. 62, s. 167.

9. (Repealed).

1973, c. 10, s. 2; 1977, c. 11, s. 132; 1979, c. 56, s. 241.

10. (Repealed).

1973, c. 10, s. 2; 1977, c. 11, s. 132; 1979, c. 56, s. 241.

§ 2 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

11. (Replaced).

R. S. 1964, c. 6, s. 22; 1968, c. 9, s. 90; 1979, c. 56, s. 242; 1982, c. 62, s. 167.

12. (Repealed).

R. S. 1964, c. 6, s. 24; 1968, c. 9, s. 5, s. 90; 1979, c. 56, s. 243.

13. (Replaced).

R. S. 1964, c. 6, s. 25; 1968, c. 9, s. 6; 1982, c. 62, s. 167.

14. (Replaced).

R. S. 1964, c. 6, s. 26; 1979, c. 56, s. 244; 1982, c. 62, s. 167.

15. (Repealed).

R. S. 1964, c. 6, s. 27; 1968, c. 9, s. 90; 1979, c. 56, s. 245.

16. (Repealed).

R. S. 1964, c. 6, s. 28; 1968, c. 9, s. 90; 1979, c. 56, s. 245.

17. (Repealed).

R. S. 1964, c. 6, s. 29; 1979, c. 56, s. 245.

18. (Repealed).

R. S. 1964, c. 6, s. 30; 1968, c. 9, s. 90; 1979, c. 56, s. 245.

19. (Repealed).

R. S. 1964, c. 6, s. 31; 1968, c. 9, s. 90; 1979, c. 56, s. 245.

20. (Repealed).

R. S. 1964, c. 6, s. 32; 1979, c. 56, s. 245.

§ 3 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

21. (Replaced).

R. S. 1964, c. 6, s. 33; 1968, c. 9, s. 90; 1982, c. 62, s. 167.

22. (Replaced).

R. S. 1964, c. 6, s. 34; 1968, c. 9, s. 90; 1977, c. 11, s. 132; 1979, c. 56, s. 246; 1982, c. 62, s. 167.

23. (Replaced).

R. S. 1964, c. 6, s. 35; 1973, c. 10, s. 3; 1977, c. 11, s. 132; 1979, c. 56, s. 247; 1982, c. 62, s. 167.

24. (Replaced).

R. S. 1964, c. 6, s. 36; 1968, c. 9, s. 90; 1973, c. 10, s. 4; 1977, c. 11, s. 132; 1979, c. 56, s. 248; 1982, c. 62, s. 167.

25. (Replaced).

R. S. 1964, c. 6, s. 37; 1968, c. 9, s. 90; 1982, c. 62, s. 167.

26. (Replaced).

R. S. 1964, c. 6, s. 38; 1979, c. 56, s. 249; 1982, c. 62, s. 167.

§ 4 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

27. (Repealed).

R. S. 1964, c. 6, s. 39; 1968, c. 9, s. 7; 1973, c. 10, s. 5; 1977, c. 11, s. 132; 1979, c. 56, s. 250.

28. (Repealed).

R. S. 1964, c. 6, s. 40; 1973, c. 10, s. 6; 1977, c. 11, s. 132; 1979, c. 56, s. 250.

29. (Replaced).

R. S. 1964, c. 6, s. 41; 1979, c. 56, s. 251; 1982, c. 62, s. 167.

§ 5 . —

Replaced, 1982, c. 62, a. 167.

1982, c. 62, s. 167.

30. (Replaced).

R. S. 1964, c. 6, s. 42; 1971, c. 9, s. 2; 1973, c. 10, s. 7; 1982, c. 62, s. 167.

§ 6 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

31. (Replaced).

R. S. 1964, c. 6, s. 43; 1968, c. 9, s. 90; 1979, c. 56, s. 252; 1982, c. 62, s. 167.

§ 7 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

32. (Replaced).

R. S. 1964, c. 6, s. 45; 1968, c. 9, s. 90; 1982, c. 62, s. 167.

§ 8 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

33. (Replaced).

R. S. 1964, c. 6, s. 46; 1968, c. 9, s. 90; 1971, c. 9, s. 3; 1973, c. 10, s. 8; 1982, c. 62, s. 167.

34. (Replaced).

R. S. 1964, c. 6, s. 47; 1968, c. 9, s. 90; 1971, c. 9, s. 4; 1973, c. 10, s. 9; 1982, c. 62, s. 167.

35. (Replaced).

R. S. 1964, c. 6, s. 48; 1965 (1st sess.), c. 11, s. 2; 1971, c. 9, s. 5; 1973, c. 10, s. 10; 1974, c. 7, s. 2; 1978, c. 11, s. 1; 1982, c. 62, s. 167.

36. (Replaced).

R. S. 1964, c. 6, s. 49; 1968, c. 9, s. 2, s. 90; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

§ 9 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

37. (Replaced).

R. S. 1964, c. 6, s. 50; 1968, c. 9, s. 90; 1971, c. 9, s. 6; 1982, c. 62, s. 167.

38. (Replaced).

R. S. 1964, c. 6, s. 51; 1968, c. 9, s. 90; 1982, c. 62, s. 167.

39. (Replaced).

R. S. 1964, c. 6, s. 52; 1971, c. 9, s. 7; 1974, c. 7, s. 3; 1978, c. 11, s. 2; 1982, c. 62, s. 167.

40. (Replaced).

R. S. 1964, c. 6, s. 53; 1968, c. 9, s. 90; 1982, c. 62, s. 167.

§ 10 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

41. (Replaced).

R. S. 1964, c. 6, s. 54; 1966-67, c. 15, s. 1; 1971, c. 9, s. 8; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

42. (Replaced).

R. S. 1964, c. 6, s. 55; 1971, c. 9, s. 9; 1973, c. 10, s. 11; 1982, c. 62, s. 167.

42.1. (Replaced).

1978, c. 15, s. 122; 1982, c. 62, s. 167.

42.2. (Replaced).

1978, c. 15, s. 122; 1982, c. 62, s. 167.

DIVISION III

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

§ 1 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

43. (Replaced).

R. S. 1964, c. 6, s. 63; 1968, c. 9, s. 9; 1982, c. 62, s. 167.

44. (Replaced).

R. S. 1964, c. 6, s. 64; 1968, c. 9, s. 10; 1982, c. 62, s. 167.

45. (Replaced).

R. S. 1964, c. 6, s. 65; 1968, c. 9, s. 11; 1982, c. 62, s. 167.

46. (Replaced).

R. S. 1964, c. 6, s. 66; 1968, c. 9, s. 12, s. 90; 1982, c. 62, s. 167.

47. (Replaced).

R. S. 1964, c. 6, s. 67; 1968, c. 9, s. 13; 1977, c. 8, s. 1; 1982, c. 62, s. 167.

48. (Replaced).

R. S. 1964, c. 6, s. 68; 1968, c. 9, s. 14, s. 90; 1982, c. 62, s. 167.

49. (Replaced).

R. S. 1964, c. 6, s. 69; 1968, c. 9, s. 15; 1982, c. 62, s. 167.

50. (Replaced).

R. S. 1964, c. 6, s. 70; 1968, c. 9, s. 16; 1982, c. 62, s. 167.

51. (Replaced).

R. S. 1964, c. 6, s. 71; 1968, c. 9, s. 17; 1982, c. 62, s. 167.

52. (Replaced).

R. S. 1964, c. 6, s. 72; 1968, c. 9, s. 18; 1977, c. 8, s. 2; 1982, c. 62, s. 167.

53. (Replaced).

R. S. 1964, c. 6, s. 73; 1965 (1st sess.), c. 80, a. 1; 1977, c. 8, s. 3; 1982, c. 62, s. 167.

54. (Replaced).

R. S. 1964, c. 6, s. 74; 1968, c. 9, s. 19; 1982, c. 62, s. 167.

§ 2 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

55. (Replaced).

R. S. 1964, c. 6, s. 75; 1966, c. 4, s. 1; 1968, c. 9, s. 20; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

56. (Replaced).

R. S. 1964, c. 6, s. 76; 1966-67, c. 15, s. 2; 1968, c. 9, s. 21, s. 90; 1970, c. 5, s. 1; 1970, c. 37, s. 77; 1971, c. 9, s. 10; 1973, c. 10, s. 12; 1974, c. 7, s. 4; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

57. (Replaced).

R. S. 1964, c. 6, s. 77; 1966, c. 4, s. 2; 1968, c. 9, s. 22; 1982, c. 62, s. 167.

58. (Replaced).

R. S. 1964, c. 6, s. 78; 1968, c. 9, s. 23; 1982, c. 62, s. 167.

59. (Replaced).

R. S. 1964, c. 6, s. 79; 1968, c. 9, s. 24, s. 90; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

60. (Replaced).

R. S. 1964, c. 6, s. 80; 1968, c. 9, s. 25, s. 90; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

61. (Replaced).

R. S. 1964, c. 6, s. 81; 1982, c. 62, s. 167.

62. (Replaced).

R. S. 1964, c. 6, s. 82; 1968, c. 9, s. 90; 1979, c. 56, s. 253; 1982, c. 62, s. 167.

63. (Replaced).

R. S. 1964, c. 6, s. 83; 1968, c. 9, s. 90; 1979, c. 56, s. 253; 1982, c. 62, s. 167.

64. (Replaced).

R. S. 1964, c. 6, s. 86; 1968, c. 9, s. 27; 1982, c. 62, s. 167.

65. (Replaced).

R. S. 1964, c. 6, s. 87; 1968, c. 9, s. 28; 1982, c. 62, s. 167.

66. (Replaced).

R. S. 1964, c. 6, s. 88; 1968, c. 9, s. 90; 1982, c. 62, s. 167.

67. (Replaced).

R. S. 1964, c. 6, s. 90; 1968, c. 9, s. 30; 1982, c. 62, s. 167.

§ 3 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

68. (Replaced).

R. S. 1964, c. 6, s. 91; 1968, c. 9, s. 31, s. 90; 1982, c. 62, s. 167.

69. (Replaced).

1973, c. 10, s. 13; 1982, c. 62, s. 167.

§ 4 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

70. (Replaced).

R. S. 1964, c. 6, s. 92; 1965 (1st sess.), c. 11, s. 3; 1968, c. 9, s. 32; 1971, c. 9, s. 11; 1974, c. 7, s. 5; 1977, c. 9, s. 1; 1978, c. 11, s. 3; 1982, c. 62, s. 167.

71. (Replaced).

R. S. 1964, c. 6, s. 93; 1965 (1st sess.), c. 11, s. 3; 1968, c. 9, s. 33, s. 90; 1979, c. 56, s. 255; 1982, c. 62, s. 167.

72. (Replaced).

R. S. 1964, c. 6, s. 94; 1965 (1st sess.), c. 11, s. 3; 1966-67, c. 15, s. 3; 1971, c. 9, s. 12; 1982, c. 62, s. 167.

73. (Replaced).

1966, c. 4, s. 3; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

74. (Replaced).

R. S. 1964, c. 6, s. 95; 1965 (1st sess.), c. 11, s. 4; 1968, c. 9, s. 34, s. 90; 1974, c. 7, s. 6; 1978, c. 11, s. 4; 1982, c. 62, s. 167.

75. (Replaced).

R. S. 1964, c. 6, s. 96; 1965 (1st sess.), c. 11, s. 5; 1966-67, c. 15, s. 4; 1968, c. 9, s. 90; 1969, c. 11, s. 1; 1971, c. 9, s. 13; 1974, c. 7, s. 7; 1977, c. 5, s. 14; 1978, c. 11, s. 5; 1982, c. 62, s. 167.

76. (Replaced).

R. S. 1964, c. 6, s. 98; 1965 (1st sess.), c. 11, s. 7; 1971, c. 9, s. 14; 1974, c. 7, s. 8; 1978, c. 11, s. 6; 1982, c. 62, s. 167.

77. (Replaced).

1966-67, c. 15, s. 5; 1970, c. 5, s. 2; 1971, c. 9, s. 15; 1973, c. 10, s. 14; 1974, c. 7, s. 9; 1977, c. 5, s. 14; 1978, c. 11, s. 7; 1982, c. 32, s. 115; 1982, c. 62, s. 167.

78. (Replaced).

R. S. 1964, c. 6, s. 99; 1965 (1st sess.), c. 11, s. 8; 1968, c. 9, s. 36; 1971, c. 9, s. 16; 1974, c. 7, s. 10; 1978, c. 11, s. 8; 1982, c. 62, s. 167.

79. (Replaced).

R. S. 1964, c. 6, s. 100 (part); 1965 (1st sess.), c. 11, s. 9; 1968, c. 9, s. 37; 1971, c. 9, s. 18; 1982, c. 62, s. 167.

80. (Replaced).

R. S. 1964, c. 6, s. 101; 1966-67, c. 15, s. 6; 1968, c. 9, s. 38; 1974, c. 7, s. 12; 1982, c. 62, s. 167.

81. (Replaced).

1971, c. 9, s. 19; 1982, c. 62, s. 167.

82. (Replaced).

1971, c. 9, s. 19; 1974, c. 7, s. 13; 1977, c. 5, s. 14; 1977, c. 11, s. 132; 1979, c. 56, s. 255; 1982, c. 62, s. 167.

83. (Replaced).

1971, c. 9, s. 19; 1982, c. 62, s. 167.

84. (Replaced).

1971, c. 9, s. 19; 1982, c. 62, s. 167.

§ 5 . — Pensions

85. For the purposes of subdivision 5, unless the context indicates a different meaning:

(a)  “member” means a person who was a member of the National Assembly on the 1st of January 1958 or who became a member thereof after that date or who having been a member of the Legislative Council after such date became a member;

(b)  “indemnity” means the indemnity payable to members for sessions of Parliament, but does not include amounts granted as entertainment expenses.

In the case of the members of the Conseil exécutif, the President, the Vice-Presidents of the National Assembly, the Leader of the Opposition, each member to whom paragraph 6 of section 7 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) applies, the parliamentary assistants, the House Leader of the Opposition or of a party contemplated in paragraph 6 of section 7 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly, the Chief Government Whip and the Chief Opposition Whip of the National Assembly, the Whip of any party contemplated in paragraph 6 of section 7 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly, a Deputy Government House Leader who is not a member of the Conseil exécutif, a Deputy House Leader of the Official Opposition Party, an assistant Whip or a member appointed to act as chairman of the select committees, the word “indemnity” also includes, if the holder of the office indicates that he so desires by notice to the Minister of Finance, the supplementary indemnity which he receives by virtue of such indemnity, or a part of such indemnity, for a specified or indeterminate period, from and after the session mentioned in the said notice. He may at any subsequent time, by a similar notice, renounce for the future the addition of such supplementary indemnity to that which he receives as a member, for the purpose of computing his contributions.

R. S. 1964, c. 6, s. 102; 1965 (1st sess.), c. 11, s. 10; 1966-67, c. 15, s. 7; 1968, c. 9, s. 39, s. 90; 1970, c. 5, s. 3; 1971, c. 9, s. 20; 1973, c. 10, s. 15; 1977, c. 5, s. 14; 1982, c. 58, s. 44; 1982, c. 62, s. 160.

86. A system of retirement pensions is established by this act, on a contributory basis, for the members of the National Assembly.

Such system of pensions shall not apply to a member who notifies the Minister of Finance that he does not propose to take part in the pension plan. This notice may be given by a member at any time after his being sworn as such.

R. S. 1964, c. 6, s. 103; 1968, c. 9, s. 40; 1982, c. 62, s. 161.

87. (1)  For the purposes of the system of pensions established by section 86, each member shall provide, in the form of a deduction from his indemnity, a contribution equal to 8 % of such indemnity.

(2)  If the member wishes the provisions of section 98 to be applicable to his consort and to his children, he shall give notice of it to the Minister of Finance and furnish an additional contribution of 2 %.

(3)  Such contributions shall be deducted monthly from each indemnity payment.

A member who has been a member of the Parliament of Canada and to whom a retiring allowance is not paid under the Members of Parliament Retiring Allowances Act (Revised Statutes of Canada, 1985, chapter M-5) may, for as long as he is a member, increase the contribution provided in subsection 1 by paying an amount not exceeding his contributions to the retiring allowances plan provided in the Members of Parliament Retiring Allowances Act.

R. S. 1964, c. 6, s. 104; 1965 (1st sess.), c. 11, s. 11; 1968, c. 9, s. 41; 1969, c. 11, s. 2; 1971, c. 9, s. 21; 1973, c. 10, s. 16.

88. Such contributions shall be unseizable and shall be paid into the consolidated revenue fund but shall be entered, in a separate account, to the credit of the person who provided them.

R. S. 1964, c. 6, s. 105.

89. Subject to section 90, every person who ceases to be a member after having held a mandate as such for at least sixty months and has been a member of at least two Legislatures shall receive during his lifetime in equal monthly instalments, an annual pension equal to a percentage of the total amount of his contributions, including the additional contribution contemplated in section 87, varying according to the number of years during which he was a member, in the following manner:

         60 months ..............   46.875  %
         61 months ..............   47.65625%
         62 months ..............   48.4375 %
         63 months ..............   49.21875%
         64 months ..............   50.00   %
         65 months ..............   50.78125%
         66 months ..............   51.5625 %
         67 months ..............   52.34375%
         68 months ..............   53.125  %
         69 months ..............   53.90625%
         70 months ..............   54.6875 %
         71 months ..............   55.46875%
         72 months ..............   56.25   %
         73 months ..............   57.03125%
         74 months ..............   57.8125 %
         75 months ..............   58.59375%
         76 months ..............   59.375  %
         77 months ..............   60.15625%
         78 months ..............   60.9375 %
         79 months ..............   61.71875%
         80 months ..............   62.5    %
         81 months ..............   63.28125%
         82 months ..............   64.0625 %
         83 months ..............   64.84375%
         84 months ..............   65.625  %
         85 months ..............   66.40625%
         86 months ..............   67.1875 %
         87 months ..............   67.96875%
         88 months ..............   68.75   %
         89 months ..............   69.53125%
         90 months ..............   70.3125 %
         91 months ..............   71.09375%
         92 months ..............   71.875  %
         93 months ..............   72.65625%
         94 months ..............   73.4375 %
         95 months ..............   74.21875%
         96 months ..............   75.     %      

For the purposes of this section, a parliamentary session held before September 1 1965 shall be counted as twelve months and the number of months during which a member of the Assembly contributed to the retiring allowances plan of the members of the Parliament of Canada shall be added to the number of months during which he was a member of the Assembly.

R. S. 1964, c. 6, s. 106; 1965 (1st sess.), c. 11, s. 12; 1968, c. 10, s. 1; 1968, c. 9, s. 42; 1969, c. 11, s. 3; 1971, c. 9, s. 22; 1973, c. 10, s. 17; 1976, c. 6, s. 1.

90. No pension shall exceed annually the amount of the indemnity, without deduction by reason of absence, payable to members for the last session of more than thirty days or the last year preceding the retirement of the beneficiary including any supplementary indemnity contemplated in paragraph b of section 85, and when the total amount of his contributions is sufficient to entitle him to the maximum pension provided for by this section, the member shall cease to contribute.

In the case of a member who has ceased to hold one of the offices listed in paragraph b of section 85, the supplementary indemnity contemplated in this section shall be the annual amount of the highest indemnity received by him, as the holder of his office, at any time or during the course of any former session.

R. S. 1964, c. 6, s. 107; 1965 (1st sess.), c. 11, s. 13; 1968, c. 9, s. 43.

91. For the purposes of this subdivision, a person shall not cease to be a member by reason only of the dissolution of the National Assembly, but he shall cease to be a member from the day fixed for the election following such dissolution, if he is not then reelected a member.

R. S. 1964, c. 6, s. 108; 1968, c. 9, s. 90.

92. Every member of the National Assembly who ceases to be such before being entitled to receive a pension under section 89, shall be entitled to withdraw his contributions, including the additional contribution provided for in subsection 2 of section 87.

For the purposes of this section, a parliamentary session held before the 1st of September 1965 shall be counted as one year.

R. S. 1964, c. 6, s. 109; 1965 (1st sess.), c. 11, s. 14; 1968, c. 10, s. 2; 1968, c. 9, s. 44, s. 90; 1969, c. 11, s. 4.

93. A Member whose seat has become vacant following an offence under Division II of Chapter III of the Act respecting the National Assembly (chapter A-23.1) is entitled only to repayment of his contributions.

R. S. 1964, c. 6, s. 110; 1968, c. 9, s. 45, s. 90; 1979, c. 56, s. 254; 1982, c. 66, s. 62.

94. Every person who has ceased to be a member of the National Assembly and who is subsequently elected a member shall be entitled to redeem and have counted for pension purposes, in whole or in part, the years during which he was a member of the National Assembly, on giving notice to that effect to the Minister of Finance and paying into the consolidated revenue fund an amount equal to the contributions that he would have had to provide during such years.

If he has withdrawn the contributions that he had provided for the years that he wishes to redeem, he must also pay to the Minister of Finance interest at the legal rate from the time of such withdrawal.

Such notice shall be given in accordance with a form supplied or approved by the Minister of Finance not later than twelve months after such person was elected a member.

Any member of the National Assembly elected before the 11th of July 1963 shall be entitled to have counted, for pension purposes, wholly or in part, the years prior to the 21st of February 1958 during which he was a member of that House, on giving for such purpose to the Minister of Finance of Québec the notice contemplated in this section and paying into the consolidated revenue fund an amount equal to the contributions that he would have had to provide if the provisions of this act had then been applicable to him.

Such notice must be given not later than twelve months after the date when the beneficiary shall have ceased to be a member of the National Assembly.

When the number of previous years that a member wishes so to have counted exceeds four, the amount of the contributions shall be divided into not more than five equal and consecutive yearly payments, if the member so requests in his above mentioned notice.

R. S. 1964, c. 6, s. 111; 1968, c. 9, s. 46, s. 90.

95. (1)  Every member shall be entitled to have added to the total amount of his contributions, for the purposes of computing his pension, for each year prior to the 1st of January 1970 during which he was a member, an amount not exceeding two per cent of the indemnity paid to him for each of such years; he may also, in the case contemplated in subsection 2 of section 87, have added to the total amount of his contributions, for each of such years, an amount not exceeding one-half of one per cent of the indemnity paid to him for each of such years.

(2)  The member who wishes to avail himself of subsection 1 must give a notice to that effect to the Minister of Finance and pay into the consolidated revenue fund within the ensuing year such amounts as he wishes to have added to his contributions; such notice must be given, by a person who is a member of the National Assembly on the 1st of January 1970, before the 1st of April 1970, and by a person who subsequently becomes a member thereof, within three months after his election.

(3)  The payment of any amount under this section may nevertheless be divided into not more than five equal and consecutive yearly payments, if the member so requests in his above mentioned notice, with interest, at the legal rate, from the date of the notice.

(4)  For the purposes of this section, the word “member” means a person who is a member of the National Assembly on the 1st of January 1970 or who subsequently becomes a member thereof.

1969, c. 11, s. 5.

96. The payment of a pension shall cease while the beneficiary, where such is the case, again holds office as a Member, except if he is 71 years of age or over.

On a person’s reaching 71 years of age, a pension is paid to him even if he has not ceased to be a Member. In no case may a person having reached that age make contributions or increase the number of months of service for the purposes of the application of section 89.

R. S. 1964, c. 6, s. 112; 1968, c. 10, s. 3; 1968, c. 9, s. 47; 1982, c. 66, s. 63.

97. When a pension becomes payable to a member, his consort or children, before such member has paid all the contributions that he owes, such pension shall be based upon the total amount of the contributions that he has paid, unless the remainder thereof is paid within the next sixty days, or as the case may be, in instalments in conformity with the notice mentioned in section 94 and, as the case may be, in section 95.

R. S. 1964, c. 6, s. 114; 1968, c. 9, s. 49; 1969, c. 11, s. 6; 1971, c. 9, s. 23; 1973, c. 10, s. 18.

98. (1)  When the additional contribution provided for in subsection 2 of section 87 has been paid, and subject, where applicable, to the provisions of section 97, the surviving consort, if not divorced, of a former member who was receiving a member’s pension or was entitled to it but died before beginning to receive it is entitled, from the death of such member and for life, to a pension equal to fifty per cent of that which her consort was receiving or was entitled to receive; such surviving consort is also entitled to receive 10% of her consort’s pension for each of the children of such former member dependent on such surviving consort and less than eighteen years of age or, if such child regularly attends an educational institution, less than twenty-one years of age, but he shall not so receive more than 40% of such pension for all such children dependent on him.

If the surviving consort dies or if such former member dies and his consort has predeceased him or their marriage has been dissolved by divorce, each child of such former member who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, shall be entitled to receive 20% of the pension which such former member was receiving or would have been entitled to receive, until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 80% of such pension shall be paid to all such children.

(2)  When the additional contribution provided for in subsection 2 of section 87 has been paid, and subject, where applicable, to the provisions of section 97, the surviving consort, if not divorced, of a member who dies while a member of the National Assembly shall receive during his lifetime, in equal monthly instalments, an annual pension equal to thirty-seven and one-half per cent of the total amount of his consort’s contributions; he shall also be entitled to receive 7.5% of the total amount of his consort’s contributions for each child of such member who is a dependent of such surviving consort and less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, but she shall not so receive more than 30% of the total amount of such contributions for all of such dependent children.

If the consort dies or if such former member dies and his consort has predeceased him or their marriage has been dissolved by divorce, each child of such former member who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, is entitled to receive 15% of the total amount of such member’s contributions until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 60% of the total amount of such contributions shall be paid to all such children.

(3)  For the purposes of subsections 1 and 2 of this section, the expressions “dependent child” and “educational institution” shall have the meaning given them by resolution of the commissioners appointed under section 41.

(4)  If the spouse is not entitled to his pension pursuant to section 103.17.6, the child’s pension shall be that provided for in the second paragraph of subsection 1 or, where applicable, in the second paragraph of subsection 2.

R. S. 1964, c. 6, s. 115; 1968, c. 9, s. 50; 1971, c. 9, s. 24; 1973, c. 10, s. 19; 1990, c. 5, s. 6.

99. The amount of any pension that commenced to accrue during any year preceding the 1st of January 1962 shall, from the 1st of January 1969, be increased by 16%; the amount of any pension that commenced to accrue during any year following the 31st of December 1961 and preceding the 1st of January 1969 shall be increased, from such last mentioned date, by the percentage shown opposite each of such years in the following table:

         1962 .........................   14%
         1963 .........................   12%
         1964 .........................   10%
         1965 .........................    8%
         1966 .........................    6%
         1967 .........................    4%
         1968 .........................    2%      

In the case of a pension that commenced to accrue to the consort of a beneficiary of a member’s pension before the 1st of January 1969, such percentages shall apply to the pension which such beneficiary was receiving for the purposes of determining the increase in the consort’s pension in question.

1969, c. 11, s. 7; 1973, c. 10, s. 20.

100. The amount of any pension shall, from the 1st of January 1969, be adjusted annually, in the manner and at the time prescribed in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9) for the adjustment of the benefits payable under the said act, so that the amount payable for a month in any year following the first is equal to the product obtained by multiplying the amount that would have been otherwise payable for that month by the ratio that the Pension Index for that following year bears to the Pension Index for the year preceding that following year.

1969, c. 11, s. 7.

101. (Replaced).

R. S. 1964, c. 6, s. 116; 1982, c. 62, s. 167.

102. If the aggregate of the amounts paid as a pension to a former member and to the surviving consort and children of a member or former member is less than the aggregate amount of the contributions paid by such person, the difference shall be paid without interest to his estate, in one single payment, as soon as the payments of such pension to the last person who was entitled to it have ceased.

1971, c. 9, s. 25; 1973, c. 10, s. 21.

103. The pensions granted under this subdivision and the repayments of contributions authorized under it shall be paid out of the consolidated revenue fund.

R. S. 1964, c. 6, s. 117.

§ 5.1 . — Pension changed

1982, c. 66, s. 64.

103.1. This subdivision applies to Members who have contributed to the plan established under subdivision 5 and have not applied for a refund of their contributions.

This subdivision does not apply to former Members contemplated in section 41 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1).

1982, c. 66, s. 64; 1987, c. 109, s. 22.

103.2. (Repealed).

1982, c. 66, s. 64; 1987, c. 109, s. 23.

103.3. For the purposes of his pension, a Member is governed by sections 85 to 100, 102 and 103 as amended by the provisions of this subdivision, subject to section 103.18.

1982, c. 66, s. 64.

103.4. (Repealed).

1982, c. 66, s. 64; 1983, c. 24, s. 86; 1987, c. 109, s. 24.

103.5. The total amount of contributions of a Member that serves as the basis for computing his pension in accordance with section 89 is equal to the total contributions that he has provided before 1 January 1983 adjusted annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), according to the rate of increase of the Pension Index determined by the said Act from 1984 until the time the pension becomes payable.

1982, c. 66, s. 64; 1987, c. 109, s. 25.

103.6. Where a Member has received a pension under this Act, he is entitled, at the time he ceases to be a member of the National Assembly or on the day he reaches 71 years of age, to receive the higher of the following amounts:

(1)  the pension recomputed under sections 89 and 103.5; or

(2)  the pension to which he would be entitled at that time if the payment of the pension had not ceased in accordance with section 96.

Computation of the pension is made without considering the effects of the election provided for in section 103.11.

1982, c. 66, s. 64.

103.7. For the purposes of the application of the second paragraph of section 90, the duties contemplated in paragraphs 13 and 14 of section 7 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) are added to the duties contemplated in the second paragraph of section 90.

1982, c. 66, s. 64.

103.8. In the case of a Member who has exercised the right of redemption provided in section 94 or, where applicable, 95 before 31 December 1982 and who has not completed the payment of the redemption on that date, the total amount of contributions contemplated in section 103.5 includes redemption payments made after that date, excluding the interest that is part of such payments.

1982, c. 66, s. 64.

103.9. A Member is deemed, without providing an additional contribution, to have given the notice contemplated in subsection 2 of section 87 in order that the provisions of section 98 be applicable to his surviving spouse and his children.

1982, c. 66, s. 64.

103.10. For the purposes of the application of subsection 2 of section 98, the total amount of the contributions of a Member shall be equal to the amount that serves as the basis for computing the pension of a Member, contemplated in section 103.5.

1982, c. 66, s. 64.

103.11. A Member or former Member, before a pension becomes payable to him, may elect to replace the pension by a life annuity with continuity in favour of his surviving spouse.

The election is irrevocable after the payment of the pension has begun. However, he may make the election or annul it, as the case may be, when the payment of the pension ceases while he holds a new term.

The pension of the surviving spouse is equal to the amount of the pension to which he is entitled, taking into account the adjustment resulting from the actuarial equivalence as established according to the criteria prescribed by regulation of the Office.

The election extinguishes the right to a pension provided for in section 98.

1982, c. 66, s. 64; 1987, c. 109, s. 26.

103.12. The powers entrusted to the commissioners under subdivision 5 are exercised by the Office of the National Assembly.

1982, c. 66, s. 64.

103.12.1. Notwithstanding section 100, the pension payable to a Member who has not received pension benefits before 1 January 1988 and is entitled to a pension under the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) shall be adjusted annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), at the rate by which the rate of increase of the Pension Index determined under the said Act exceeds 3 %.

1987, c. 109, s. 27.

103.13. A pension becomes payable at the end of the period corresponding to the number of months’ salary within the meaning of section 13 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) and not later than the time the person entitled to it reaches 71 years of age.

If the allowance is equal to or less than the pension, the pension is payable at the time that the Member entitled to it ceases to be a Member of the National Assembly, except if the beneficiary is 71 years of age or over.

The payment of the pension extinguishes the right to a transition allowance contemplated in the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly that would have been payable at the time the Member ceases to be a Member of the Assembly, except if the beneficiary is 71 years of age or over.

1982, c. 66, s. 64; 1986, c. 114, s. 1; 1987, c. 109, s. 28.

103.14. For the purposes of this subdivision, the term “spouse” has the meaning given to it by section 54 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1).

1982, c. 66, s. 64.

103.15. A Member may pay an additional contribution of 2% for any period in which his contribution was 8% of his indemnity under subdivision 5.

Such additional contribution shall be computed on the indemnity that he was receiving at the time he paid the contribution of 8% and shall be deemed, for purposes of computing the pension, to be part of the total amount of his contributions paid on 1 January 1983.

The criteria, conditions and terms of payment of such additional contribution shall be established by regulation of the Office of the National Assembly.

Such a contribution may be repaid in accordance with sections 92 and 93.

1982, c. 66, s. 64.

103.16. For the purposes of the application of section 57 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), sections 51 and 52 of the Act respecting the Teachers Pension Plan (chapter R-11) and sections 84 and 85 of the Act respecting the Civil Service Superannuation Plan (chapter R-12), an officer, employee or teacher, as the case may be, is deemed to have begun to receive a pension under this Act or the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) as soon as he ceases to be a Member of the National Assembly and as soon as he qualifies for the pension without regard to the payment of the transition allowance.

However, the contributions refunded under those sections must be remitted while the Member holds office.

1982, c. 66, s. 64; 1983, c. 24, s. 87.

103.17. A pension payable to a Member contemplated in section 103.1 or, as the case may be, to his surviving spouse and to his children is inalienable and unseizable.

However, in the case of a debt for support it is unseizable to the extent of 50%.

1982, c. 66, s. 64.

§ 5.1.1 . — Partition and assignment of benefits between spouses

1990, c. 5, s. 7.

103.17.1. From the introduction of an application for separation from bed and board, divorce, annulment of marriage or for the payment of a compensatory allowance, the Member or former Member and his spouse are entitled to obtain, upon application to the Office on the conditions and according to the terms prescribed by regulation, a statement setting out the value of the benefits accrued by the Member or former Member under this system of retirement pensions, the value of such benefits for the period of the marriage and any other information determined by regulation.

1990, c. 5, s. 7.

103.17.2. For the purposes of their partition and assignment, the benefits accrued under this system of retirement pensions shall be established according to the rules fixed by regulation, which may differ from the rules otherwise applicable under this division. The benefits shall be assessed in accordance with the actuarial rules, assumptions and methods determined by regulation, which may vary according to the nature of the benefits established.

The benefits shall be established and assessed on the date of institution of the proceedings or, if the court so decides, on the date on which the spouses ceased to live together.

1990, c. 5, s. 7.

103.17.3. The Office, upon an application made on the conditions and according to the terms prescribed by regulation, shall pay the sums awarded to the spouse. The regulation may also prescribe rules, conditions and terms for the payment of such sums and, where applicable, the interest payable thereon.

1990, c. 5, s. 7.

103.17.4. Every sum paid to the spouse, the interest yielded by it and the benefits constituted with such sums shall be inalienable and unseizable.

1990, c. 5, s. 7.

103.17.5. Following payment of the sums awarded to the spouse of the Member or former Member, every sum payable under this system of retirement pensions with respect to the membership of the Member or former Member shall be reduced in accordance with the actuarial rules, assumptions and methods prescribed by regulation, which may vary according to the nature of the benefit from which such sum is derived.

1990, c. 5, s. 7.

103.17.6. Where, following a separation from bed and board, the value of the benefits accrued by the Member or former Member under this system of retirement pensions has been included in whole or in part in the value of the benefits that may be partitioned, the partition of the family patrimony shall entail, for the spouse who obtained it, the extinction of any other benefit, advantage or reimbursement which he could claim in his quality as spouse, unless the spouses resume living together.

1990, c. 5, s. 7.

103.17.7. The regulations referred to in this subdivision shall be made by the Office in accordance with paragraphs 5.1 to 5.5 of section 59 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1).

1990, c. 5, s. 7.

§ 5.2 . — Election of a pension plan

1982, c. 66, s. 64.

103.18. Every person who ceased to be a Member after 31 December 1982 but before 1 January 1988 may elect, from 1 January 1988, for the pension plan established under the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) by transmitting a written notice to the Office.

The notice must be given not later than 1 July 1988.

1982, c. 66, s. 64; 1987, c. 109, s. 29.

103.19. The pension granted following an election made under section 103.18 after 31 December 1987 shall be payable from 1 January 1988.

1982, c. 66, s. 64; 1987, c. 109, s. 30.

103.20. Notwithstanding section 100, a pension payable to a Member under subdivision 5.1 following an election made under section 103.18 after 31 December 1987 shall be adjusted annually, from 1 January 1989, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9) at the rate by which the rate of increase of the Pension Index determined under the said Act exceeds 3 %.

1987, c. 109, s. 30.

103.21. Every person who ceased to be a Member after 31 December 1982 but before 1 January 1988 and who has not made the election provided for in section 103.18 within the prescribed time is deemed to have always contributed to this plan.

1987, c. 109, s. 30.

§ 6 . —

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

104. (Replaced).

R. S. 1964, c. 6, s. 125; 1968, c. 9, s. 52, s. 90; 1982, c. 62, s. 167.

105. (Replaced).

R. S. 1964, c. 6, s. 126; 1982, c. 62, s. 167.

106. (Replaced).

R. S. 1964, c. 6, s. 127; 1968, c. 9, s. 53, s. 90; 1982, c. 62, s. 167.

DIVISION IV

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

107. (Replaced).

R. S. 1964, c. 6, s. 128; 1968, c. 9, s. 54; 1982, c. 62, s. 167.

108. (Replaced).

R. S. 1964, c. 6, s. 129; 1968, c. 9, s. 54; 1982, c. 62, s. 167.

109. (Replaced).

R. S. 1964, c. 6, s. 130; 1968, c. 9, s. 54; 1982, c. 62, s. 167.

110. (Replaced).

R. S. 1964, c. 6, s. 131; 1982, c. 62, s. 167.

111. (Replaced).

R. S. 1964, c. 6, s. 132; 1968, c. 9, s. 55; 1982, c. 62, s. 167.

112. (Replaced).

R. S. 1964, c. 6, s. 133; 1982, c. 62, s. 167.

113. (Replaced).

R. S. 1964, c. 6, s. 134; 1982, c. 62, s. 167.

DIVISION V

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

114. (Replaced).

1969, c. 26, s. 6; 1978, c. 15, s. 140; 1982, c. 62, s. 167.

115. (Replaced).

1969, c. 26, s. 6; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

116. (Replaced).

1969, c. 26, s. 6; 1972, c. 57, s. 5; 1975, c. 14, s. 93; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

117. (Replaced).

1969, c. 26, s. 6; 1982, c. 62, s. 167.

118. (Replaced).

1969, c. 26, s. 6; 1982, c. 62, s. 167.

119. (Replaced).

1969, c. 26, s. 6; 1982, c. 62, s. 167.

120. (Replaced).

1969, c. 26, s. 6; 1977, c. 5, s. 14; 1982, c. 62, s. 167.

121. (Replaced).

1969, c. 26, s. 6; 1982, c. 62, s. 167.

DIVISION VI

Replaced, 1982, c. 62, s. 167.

1982, c. 62, s. 167.

122. (Replaced).

1982, c. 21, s. 1; 1982, c. 62, s. 167.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 6 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter L-1 of the Revised Statutes.