147.0.4. Any decision of Retraite Québec concerning a person’s eligibility for participation in a pension plan or concerning the number of years or parts of a year in respect of which a redemption proposal has been accepted becomes irrevocable, subject, in the latter case, to the provisions of the pension plans relating to redemption proposals, on the earlier of the following dates:
(1) the date occurring three years after the date of Retraite Québec’s initial decision;
(2) the date on which the following conditions are met:
(a) the person ceases to be a member of his pension plan; and
(b) the person’s eligibility for a pension is confirmed to him in writing by Retraite Québec.
A decision of Retraite Québec concerning any other element of an accepted redemption proposal becomes irrevocable, subject to the provisions of the pension plans relating to redemption proposals, on the date referred to in subparagraph 1 of the first paragraph.
Notwithstanding the first and second paragraphs, any data pertaining to a redemption proposal may be corrected at all times if that is advantageous to the person and if the person pays any additional cost resulting therefrom.
Retraite Québec must notify the employee of any error affecting a decision concerning the employee’s eligibility for participation in a pension plan, despite the irrevocability of the decision. In such a case, the employee may elect to participate in the plan in which the employee should have participated. The employee is deemed to participate in the plan from the date on which the employee should have participated in the plan and, where applicable, Retraite Québecn or the employee shall return all amounts due as a consequence of such election. The employee must inform Retraite Québec of his or her election within 90 days from the date of the notice of Retraite Québec, failing which, the employee’s participation in the plan shall be continued.
The first paragraph does not apply in respect of a decision concerning a person’s eligibility for participation in the Pension Plan of Management Personnel or the Pension Plan of Peace Officers in Correctional Services; however, it applies to a decision concerning a person’s qualification for membership in one of those plans, and the decision becomes irrevocable if that is advantageous to the person considering the provisions of the plan at the time the person’s participation in the plan begins. In addition, the fourth paragraph does not apply to the Pension Plan of Management Personnel if the pension plan of which the person should have been a member is the Government and Public Employees Retirement Plan.
1995, c. 46, s. 17; 2001, c. 31, s. 324; 2002, c. 30, s. 58; 2004, c. 39, s. 146; 2015, c. 20, s. 61.