63. The pension shall be based upon the average salary of the officer during the five highest-paid years of his service or during each of his years of service if there are less than five.
It shall be fixed at 2% of such average salary per year of service.
For the purposes of the preceding paragraph, ten years shall be added to the number of years of service of any officer or employee of the Government who leaves the service and who for five years or more has held an office contemplated in paragraphs 2, 4, 5 and 6 of section 55 or an office of special adviser to the Ministère du Conseil exécutif provided that, in such latter case, the instrument of appointment clearly indicates that this paragraph applies to him. In computing such five years, there shall be counted any period during which the officer or employee held any one of the offices contemplated in this paragraph or which were contemplated therein while he held such office.
In computing the pension, not more than thirty-five years of service shall be counted.
In the computation provided for in the first paragraph of this section, one or more fractions of a year of service may be taken into account; in such case, the complement of a year of service and the corresponding average pensionable salary shall be obtained from another year of service included among the best remunerated such years.
For the purposes of section 77, the Government may take into account, for the purposes of qualification for pension, or for computation purposes, or for both, the years added by the third paragraph of this section in respect of an employee who died after January 1 1970 even if the condition provided in the said paragraph has not been fulfilled. Where such is the case, deductions reimbursed must be remitted to the Commission within the delay it determines, with the interest contemplated in section 85.
From the month following the retirement of the officer or employee by reason of infirmity, from the month following his sixty-fifth birthday or, where such is the case, from the month following the date of his retirement if that date is after his sixty-fifth birthday, his pension is reduced by 0.7% of the average salary per year of service after 31 December 1965.
Where the average salary used is the average salary fixed under section 63.1, such reduction shall be effected upon the average salary determined under the first paragraph.
Such reduction shall not apply to the members of the Sûreté du Québec who left the service before the 1st of September 1971 or to officers superannuated in 1966 or superannuated by reason of infirmity before the 1st of January 1970.
It shall not be computed on that portion of the average salary which exceeds the average Maximum Pensionable Earnings within the meaning of the Act respecting the Québec Pension Plan for the five highest-paid years preceding the superannuation of the officer.
It shall not make the pension less than 2% of the average salary of the officer for the five highest-paid years of his service before the 1st of January 1966 per year of service before such date.
Nor shall it reduce the pension by an amount exceeding the basic amount of the pension under the general plan to which the officer is entitled or would be entitled upon retiring from regular employment.
R. S. 1964, c. 14, s. 47; 1965 (1st sess.), c. 15, s. 18; 1966, c. 6, s. 9; 1968, c. 13, s. 6; 1969, c. 15, s. 19; 1971, c. 17, s. 3; 1973, c. 12, s. 165; 1977, c. 5, s. 14; 1977, c. 22, s. 26; 1982, c. 51, s. 99.