R-10 - Act respecting the Government and Public Employees Retirement Plan

Section 10.1 Disposition versions

2001-06-21

10.1. (Repealed).

1987, c. 47, s. 8; 1990, c. 5, s. 22; 1990, c. 32, s. 4; 1991, c. 77, s. 37; 1992, c. 67, s. 31; 1995, c. 13, s. 1; 2001, c. 31, s. 267.

1995-03-16

10.1. Notwithstanding any inconsistent provision of this plan, except the provisions of Chapter VII.1, the Government may establish special provisions with respect to classes of employees it designates. The Commission shall, in administering this plan in respect of an employee belonging to a class so designated, take into account the special provisions applicable to such a class. Divisions I and II of Chapter IV of Title III of this Act shall not apply to such an employee but he may, in the year following the mailing date of any decision concerning him rendered by the Commission, file with the Commission an application for arbitration. The arbitrator shall be one of the persons appointed pursuant to the first paragraph of section 183, and sections 184 to 186 apply. However, any employee who belongs to a class so designated may elect not to benefit from the special provisions by making an application to that effect to the Commission within a period of one year from the day on which those provisions began to apply to him, and his election shall apply from that day. The employee may, even after making that election, reconsider his decision and elect to benefit from the special provisions by sending a notice to that effect to the Commission, and his election shall apply from the date on which the notice is received by the Commission.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who participates in the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to participate in his plan on the day preceding the day on which he joins a class of employees designated under the first paragraph. In such a case, he participates in this plan from the day on which he joins such a class. However, he may elect to continue to participate in his plan by making an application to that effect to the Commission within one year from the day on which he becomes a member of this plan, and his election shall apply from that day. After making that election, the person may reconsider his decision and elect to benefit from the special provisions established pursuant to the first paragraph by sending a notice to that effect to the Commission, and his election shall apply from the date on which the notice is received by the Commission.

An employee who participates in the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to participate in this plan by sending a notice to that effect to the Commission, and his election shall apply from the date on which the notice is received by the Commission. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if his contributions have not been refunded to him or if he is not a pensioner under this plan. He shall continue to be entitled to the benefits or advantages available to him under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if he availed himself thereof before electing to participate in this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility, computation and payment of benefits.

Where a pensioner under the Pension Plan of Certain Teachers, the Teachers Pension Plan or the Civil Service Superannuation Plan participates in this plan and belongs to a class of employees designated under the first paragraph, the provisions of that paragraph, adapted as required, apply notwithstanding any inconsistent provision of those plans, with the exception of those concerning the partition and assignment of benefits between spouses.

The Government may also establish a special pension plan for persons who belong to classes of full-time employees it designates from those excluded by virtue of paragraph 7 of section 4. In that case, if a person belongs to such a class and is a member of the Civil Service Superannuation Plan, he may elect to become a member of that special plan by sending a notice to that effect, and the special plan applies to him from the first of the month not less than three months after receipt of the notice.

1987, c. 47, s. 8; 1990, c. 5, s. 22; 1990, c. 32, s. 4; 1991, c. 77, s. 37; 1992, c. 67, s. 31; 1995, c. 13, s. 1.

1992-12-22

10.1. Notwithstanding any inconsistent provision of this plan, except the provisions of Chapter VII.1, the Government may establish special provisions with respect to classes of employees it designates. The Commission shall, in administering this plan in respect of an employee belonging to a class so designated, take into account the special provisions applicable to such a class. Divisions I and II of Chapter IV of Title III of this Act shall not apply to such an employee but he may, in the year following the mailing date of any decision concerning him rendered by the Commission, file with the Commission an application for arbitration. The arbitrator shall be the person appointed pursuant to the first paragraph of section 183, and sections 184 to 186 apply. However, any employee who belongs to a class so designated may elect not to benefit from the special provisions by making an application to that effect to the Commission within a period of one year from the day on which those provisions began to apply to him, and his election shall apply from that day. The employee may, even after making that election, reconsider his decision and elect to benefit from the special provisions by sending a notice to that effect to the Commission, and his election shall apply from the date on which the notice is received by the Commission.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who participates in the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to participate in his plan on the day preceding the day on which he joins a class of employees designated under the first paragraph. In such a case, he participates in this plan from the day on which he joins such a class. However, he may elect to continue to participate in his plan by making an application to that effect to the Commission within one year from the day on which he becomes a member of this plan, and his election shall apply from that day. After making that election, the person may reconsider his decision and elect to benefit from the special provisions established pursuant to the first paragraph by sending a notice to that effect to the Commission, and his election shall apply from the date on which the notice is received by the Commission.

An employee who participates in the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to participate in this plan by sending a notice to that effect to the Commission, and his election shall apply from the date on which the notice is received by the Commission. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if his contributions have not been refunded to him or if he is not a pensioner under this plan. He shall continue to be entitled to the benefits or advantages available to him under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if he availed himself thereof before electing to participate in this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility, computation and payment of benefits.

The Government may also establish a special pension plan for persons who belong to classes of full-time employees it designates from those excluded by virtue of paragraph 7 of section 4. In that case, if a person belongs to such a class and is a member of the Civil Service Superannuation Plan, he may elect to become a member of that special plan by sending a notice to that effect, and the special plan applies to him from the first of the month not less than three months after receipt of the notice.

1987, c. 47, s. 8; 1990, c. 5, s. 22; 1990, c. 32, s. 4; 1991, c. 77, s. 37; 1992, c. 67, s. 31.

1992-01-01

10.1. Notwithstanding any inconsistent provision of this plan, except the provisions of Chapter VII.1, the Government may establish special provisions with respect to classes of employees it designates. The Commission shall, in administering this plan in respect of an employee belonging to a class so designated, take into account the special provisions applicable to such a class. Divisions I and II of Chapter IV of Title III of this Act shall not apply to such an employee but he may, in the year following the mailing date of any decision concerning him rendered by the Commission, file with the Commission an application for arbitration. The arbitrator shall be the person appointed pursuant to the first paragraph of section 183, and sections 184 to 186 apply.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who participates in the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to participate in his plan on the day preceding the day on which he joins a class of employees designated under the first paragraph. In such a case, he participates in this plan from the day on which he joins such a class. However, he may elect to continue to participate in his plan by making an application to that effect to the Commission within one year from the day on which he becomes a member of this plan, and his election shall apply from that day.

An employee who participates in the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to participate in this plan by transmitting a notice to that effect within one year from the day on which he joins such a class, and he participates in this plan from that day. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if his contributions have not been refunded to him or if he is not a pensioner under this plan. He shall continue to be entitled to the benefits or advantages available to him under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if he availed himself thereof before electing to participate in this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility, computation and payment of benefits.

The Government may also establish a special pension plan for persons who belong to classes of full-time employees it designates from those excluded by virtue of paragraph 7 of section 4. In that case, if a person belongs to such a class and is a member of the Civil Service Superannuation Plan, he may elect to become a member of that special plan by sending a notice to that effect, and the special plan applies to him from the first of the month not less than three months after receipt of the notice.

1987, c. 47, s. 8; 1990, c. 5, s. 22; 1990, c. 32, s. 4; 1991, c. 77, s. 37.

1991-01-01

10.1. Notwithstanding any inconsistent provision of this plan except the provisions of Chapter VII.1, the Government may determine special provisions with respect to classes of full-time employees it designates from those who are administrators of state within the meaning of the Public Service Act (chapter F-3.1.1) or who may become administrators of state by virtue of the second paragraph of section 166 of the said Act, or who are engaged by virtue of section 57 of the said Act, or employees who hold the position of president or vice-president of an agency or body created pursuant to an Act of Québec. The Commission shall, in administering this plan in respect of an employee belonging to a class so designated, take into account the special provisions applicable to such a class. Divisions I and II of Chapter IV of Title III of this Act do not apply to such an employee but he may, in the year following the mailing date of any decision concerning him rendered by the Commission, file with the latter an application for arbitration. The arbitrator shall be the person appointed pursuant to the first paragraph of section 183 and sections 184 to 186 apply.

Chapter III of Title IV of this Act, except the second paragraph of section 198 and section 198.1, and section 215 apply to an employee who belongs to a class designated pursuant to the first paragraph. However, the number contemplated in the first paragraph of section 198 may in no case exceed the number determined by the Government and shall not exceed 5. The employee may, nevertheless, agree to a number that is less than that which would be added in his respect.

The Government may also establish a special pension plan for persons who belong to classes of full-time employees it designates from those contemplated in the first paragraph in the case of classes of employees excluded by virtue of section 4. In that case, if a person belongs to such a class and is a member of the Civil Service Superannuation Plan, he may elect to become a member of that special plan by sending a notice to that effect, and the special plan applies to him from the first of the month not less than three months after receipt of the notice.

1987, c. 47, s. 8; 1990, c. 5, s. 22; 1990, c. 32, s. 4.

1990-09-01

10.1. Notwithstanding any inconsistent provision of this plan except the provisions of Chapter VII.1, the Government may determine special provisions with respect to classes of full-time employees it designates from those who are administrators of state within the meaning of the Public Service Act (chapter F-3.1.1) or who may become administrators of state by virtue of the second paragraph of section 166 of the said Act, or who are engaged by virtue of section 57 of the said Act, or employees who hold the position of president or vice-president of an agency or body created pursuant to an Act of Québec. The Commission shall, in administering this plan in respect of an employee belonging to a class so designated, take into account the special provisions applicable to such a class. Divisions I and II of Chapter IV of Title III of this Act do not apply to such an employee but he may, in the year following the mailing date of any decision concerning him rendered by the Commission, file with the latter an application for arbitration. The arbitrator shall be the person appointed pursuant to the first paragraph of section 183 and sections 184 to 186 apply.

Chapter III of Title IV of this Act, except the second paragraph of section 198 and section 198.1, and section 215 apply to an employee who belongs to a class designated pursuant to the first paragraph. However, the number contemplated in the first paragraph of section 198 may in no case exceed the number determined by the Government and shall not exceed 5. The employee may, nevertheless, agree to a number that is less than that which would be added in his respect.

The Government may also establish a special pension plan for persons who belong to classes of full-time employees it designates from those contemplated in the first paragraph in the case of classes of employees excluded by virtue of section 4. In that case, if a person who belongs to such a class and is a member of the Civil Service Superannuation Plan elects to become a member of this plan as provided in section 13, he is deemed to elect to become a member of the special pension plan established by the Government for the class to which he belongs.

1987, c. 47, s. 8; 1990, c. 5, s. 22.

1987-06-23

10.1. Notwithstanding any inconsistent provision of this plan, the Government may determine special provisions with respect to classes of full-time employees it designates from those who are administrators of state within the meaning of the Public Service Act (chapter F-3.1.1) or who may become administrators of state by virtue of the second paragraph of section 166 of the said Act, or who are engaged by virtue of section 57 of the said Act, or employees who hold the position of president or vice-president of an agency or body created pursuant to an Act of Québec. The Commission shall, in administering this plan in respect of an employee belonging to a class so designated, take into account the special provisions applicable to such a class. Divisions I and II of Chapter IV of Title III of this Act do not apply to such an employee but he may, in the year following the mailing date of any decision concerning him rendered by the Commission, file with the latter an application for arbitration. The arbitrator shall be the person appointed pursuant to the first paragraph of section 183 and sections 184 to 186 apply.

Chapter III of Title IV of this Act, except the second paragraph of section 198 and section 198.1, and section 215 apply to an employee who belongs to a class designated pursuant to the first paragraph. However, the number contemplated in the first paragraph of section 198 may in no case exceed the number determined by the Government and shall not exceed 5. The employee may, nevertheless, agree to a number that is less than that which would be added in his respect.

The Government may also establish a special pension plan for persons who belong to classes of full-time employees it designates from those contemplated in the first paragraph in the case of classes of employees excluded by virtue of section 4. In that case, if a person who belongs to such a class and is a member of the Civil Service Superannuation Plan elects to become a member of this plan as provided in section 13, he is deemed to elect to become a member of the special pension plan established by the Government for the class to which he belongs.

1987, c. 47, s. 8.