R-12.1 - Act respecting the Pension Plan of Management Personnel

Section 140 Disposition versions

2001-06-21

140. In the case of physical or mental disability, death or cessation of employment or where an employee ceases to be a member of this plan, the provisions of the Teachers Pension Plan or the Civil Service Superannuation Plan that concern eligibility for a pension and the payment of a pension, as they read on 31 December 1990, continue to apply until a pension becomes payable under this plan, if the years and parts of a year of service that had been credited under those plans were credited under the Government and Public Employees Retirement Plan in accordance with section 98 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or under this plan in accordance with section 139. Such provisions continue to apply only if they are more advantageous than those of this plan.

Notwithstanding the first paragraph, section 76 of the Act respecting the Civil Service Superannuation Plan (chapter R-12), as it read on 1 January 2000, continue, at the time of the death of an employee, to apply if the employee made the election to be a member of the Government and Public Employees Retirement Plan in accordance with section 215.0.0.1.1 of the Act respecting the Government and Public Employees Retirement Plan, as it read on that date, until a pension becomes payable under this plan.

The regulations made under section 75.1 of the Act respecting the Teachers Pension Plan (chapter R-11) and section 111.2 of the Act respecting the Civil Service Superannuation Plan and the sections of those Acts concerning eligibility for a pension and payment of a pension by reason of a total and permanent disability, in force on 1 January 2000, apply to the employee if the years and parts of a year of service that had been credited under the plans established under those Acts were credited under the Government and Public Employees Retirement Plan before 1 January 2001 in accordance with section 98 of the Act respecting the Government and Public Employees Retirement Plan or under this plan in accordance with section 139, until a pension becomes payable under this plan. Such provisions shall continue to apply only if they are more advantageous than those of this plan.

However, the actuarial value of the pensions is payable under the plans concerned only in the case of a pension granted to the spouse or to the pensioner but, in the latter case, only when the pensioner attains 65 years of age.

2001, c. 31, s. 140.