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

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38. An employee who has had a period of absence without pay at a time he or she held pensionable employment may, if the employee applies therefor, be credited with all or part of that period of absence. However, if that period of absence ended after 30 June 2002, it must have consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.
To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by Retraite Québec, which must be subsequent to the date of the end of the period of absence except if pursuant to section 34 or 36 the employee does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 203 or, where the employee contributed after the period of absence, if the employee’s application for redemption and pension application are received simultaneously by Retraite Québec.
For the purposes of the second paragraph, an employee who, at the end of a period of absence without pay, is contributing to the Pension Plan of Certain Teachers or the Pension Plan of Peace Officers in Correctional Services, provided the employee was not in the latter case holding pensionable employment under the Civil Service Superannuation Plan at the time the period of absence without pay began, may also redeem such a period of absence prior to his or her participation in any such plan if the application was received while the employee was participating in this plan.
An employee who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 41.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.
An employee who holds another pensionable employment under this plan, or who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services during part of a period of absence without pay may not be credited with the days and parts of a day during which such employment is held.
2001, c. 31, s. 38; 2002, c. 30, s. 126; 2004, c. 39, s. 222; 2007, c. 43, s. 140; 2015, c. 20, s. 61.
38. An employee who has had a period of absence without pay at a time he or she held pensionable employment may, if the employee applies therefor, be credited with all or part of that period of absence. However, if that period of absence ended after 30 June 2002, it must have consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.
To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by the Commission, which must be subsequent to the date of the end of the period of absence except if pursuant to section 34 or 36 the employee does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 203 or, where the employee contributed after the period of absence, if the employee’s application for redemption and pension application are received simultaneously by the Commission.
For the purposes of the second paragraph, an employee who, at the end of a period of absence without pay, is contributing to the Pension Plan of Certain Teachers or the Pension Plan of Peace Officers in Correctional Services, provided the employee was not in the latter case holding pensionable employment under the Civil Service Superannuation Plan at the time the period of absence without pay began, may also redeem such a period of absence prior to his or her participation in any such plan if the application was received while the employee was participating in this plan.
An employee who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 41.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.
An employee who holds another pensionable employment under this plan, or who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services during part of a period of absence without pay may not be credited with the days and parts of a day during which such employment is held.
2001, c. 31, s. 38; 2002, c. 30, s. 126; 2004, c. 39, s. 222; 2007, c. 43, s. 140.
38. An employee who has had a period of absence without pay at a time he or she held pensionable employment may, if the employee applies therefor, be credited with all or part of that period of absence. However, if that period of absence ended after 30 June 2002, it must have consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.
The employee may not be credited with less than 10 pensionable days in respect of the same calendar or school year, as the case may be, unless the number of days of absence is less than ten. In that case, the employee must be credited with all such days.
To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by the Commission, which must be subsequent to the date of the end of the period of absence except if pursuant to section 34 or 36 the employee does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 203 or, where the employee contributed after the period of absence, if the employee’s application for redemption and pension application are received simultaneously by the Commission.
For the purposes of the third paragraph, an employee who, at the end of a period of absence without pay, is contributing to the Pension Plan of Certain Teachers or the Pension Plan of Peace Officers in Correctional Services, provided the employee was not in the latter case holding pensionable employment under the Civil Service Superannuation Plan at the time the period of absence without pay began, may also redeem such a period of absence prior to his or her participation in any such plan if the application was received while the employee was participating in this plan.
An employee who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 41.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.
An employee who holds another pensionable employment under this plan, or who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services during part of a period of absence without pay may not be credited with the days and parts of a day during which such employment is held.
2001, c. 31, s. 38; 2002, c. 30, s. 126; 2004, c. 39, s. 222.
38. An employee who has had a period of absence without pay at a time he or she held pensionable employment may, if the employee applies therefor, be credited with all or part of that period of absence. However, if that period of absence ended after 30 June 2002, it must have consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20 % of the regular time of a full-time employee holding similar employment.
The employee may not be credited with less than 10 pensionable days in respect of the same calendar or school year, as the case may be, unless the number of days of absence is less than ten. In that case, the employee must be credited with all such days.
To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by the Commission, which must be subsequent to the date of the end of the period of absence except if pursuant to section 34 or 36 the employee does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 203 or, where the employee contributed after the period of absence, if the employee’s application for redemption and pension application are received simultaneously by the Commission.
For the purposes of the third paragraph, an employee who, at the end of a period of absence without pay, is contributing to the Pension Plan of Certain Teachers or the Pension Plan of Peace Officers in Correctional Services, provided the employee was not in the latter case holding pensionable employment under the Civil Service Superannuation Plan at the time the period of absence without pay began, may also redeem such a period of absence prior to his or her participation in any such plan if the application was received while the employee was participating in this plan.
An employee who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 41.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.
An employee holding another pensionable employment under this plan or the Government and Public Employees Retirement Plan during part of a period of absence without pay may not be credited with the days and parts of a day during which the employee held such employment.
2001, c. 31, s. 38; 2002, c. 30, s. 126.
38. The days and parts of a day during which an employee is on part-time or full-time leave without pay are credited, on the conditions and according to the terms determined by regulation, on the application of the employee, if
(1)  the leave has been authorized by the employee’s employer ;
(2)  the employee pays an amount equal to 200 % of the contributions that would have been deducted from the pensionable salary the employee would have received if he or she had not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration ;
(3)  the employee holds, in the case of a full-time leave without pay, pensionable employment under this plan, the Government and Public Employees Retirement Plan, even if, while in that employment, the employee is a member of the Pension Plan of Certain Teachers, or pensionable employment under the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) if, in that case, the employee was not holding pensionable employment under the Civil Service Superannuation Plan at the time of his or her leave without pay, from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he or she has died or become disabled or eligible for retirement, or unless upon his or her return, the employee has availed himself or herself of an agreement of transferability entered into under section 203 or, if the leave is followed by a maternity leave, from the end of the leave or, where such is the case, from the end of a leave without pay immediately following a maternity leave.
However, in the case of unpaid leave that relates to maternity, paternity or adoption leave, the employee shall pay only one-half of the amount referred to in subparagraph 2 of the first paragraph, provided the unpaid leave is permitted under the employee’s conditions of employment.
An employee on leave without pay who holds pensionable employment under this plan or the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) for part of that period may be credited, in accordance with the first or second paragraph, with only the days and parts of a day during which the employee did not hold such employment.
2001, c. 31, s. 38.