R-9.2 - Act respecting the Pension Plan of Peace Officers in Correctional Services

Section 35 Disposition versions

2022-06-08

35. An employee who, on 1 January 1988, was a peace officer referred to in paragraph 1 of section 1 but who, on 31 December 1987, was a member of the Civil Service Superannuation Plan or an employee who, on 1 January 1992, was a manager referred to in paragraph 3 of section 1 or a person referred to in paragraph 4 of that section but who, on 31 December 1991, was a member of the Civil Service Superannuation Plan may be credited under this plan with the years and parts of a year of service for which contributions have been refunded under the Civil Service Superannuation Plan, provided the employee repays the contributions with interest at an annual rate of 4% compounded annually and computed from the day of the refund.

The amount required of the employee to pay the cost of redemption is payable in a lump sum or in instalments in accordance with Schedule I or, if provided for in the employee’s conditions of employment, by using all or part of the employee's accumulated sick leave. In the latter case, the employee's employer shall pay all or part of the amount according to the terms determined by Retraite Québec. If the amount is paid in instalments, the payments are withheld from the employee’s pensionable salary or from any pension benefits, except a child’s pension, which becomes payable under this plan.

1987, c. 107, s. 35; 1988, c. 82, s. 184; 1993, c. 41, s. 5; 2004, c. 39, s. 6; 2006, c. 55, s. 4; 2018, c. 4, s. 7; 2022, c. 22, s. 288.

2018-03-21

35. An employee who, on 1 January 1988, was a peace officer referred to in paragraph 1 of section 1 but who, on 31 December 1987, was a member of the Civil Service Superannuation Plan or an employee who, on 1 January 1992, was a manager referred to in paragraph 3 of section 1 or a person referred to in paragraph 4 of that section but who, on 31 December 1991, was a member of the Civil Service Superannuation Plan may be credited under this plan with the years and parts of a year of service for which contributions have been refunded under the Civil Service Superannuation Plan, provided the employee repays the contributions with interest at an annual rate of 4% compounded annually and computed from the day of the refund.

The amount required of the employee to pay the cost of redemption is payable in a lump sum or in instalments in accordance with Schedule I or, if provided for in the employee’s conditions of employment, by using all or part of his accumulated sick leave. In the latter case, his employer shall pay all or part of the amount according to the terms determined by Retraite Québec. If the amount is paid in instalments, the payments are withheld from the employee’s pensionable salary or from any pension benefits, except a child’s pension, which becomes payable under this plan.

1987, c. 107, s. 35; 1988, c. 82, s. 184; 1993, c. 41, s. 5; 2004, c. 39, s. 6; 2006, c. 55, s. 4; 2018, c. 4, s. 7.

2006-12-14

35. An employee who, on 1 January 1988, was a peace officer referred to in paragraph 1 of section 1 but who, on 31 December 1987, was a member of the Civil Service Superannuation Plan or an employee who, on 1 January 1992, was a manager referred to in paragraph 3 of section 1 or a person referred to in paragraph 4 of that section but who, on 31 December 1991, was a member of the Civil Service Superannuation Plan may be credited under this plan with the years and parts of a year of service for which contributions have been refunded under the Civil Service Superannuation Plan, provided the employee repays the contributions with interest at an annual rate of 4% compounded annually and computed from the day of the refund.

The amount required of the employee to pay the cost of redemption is payable in a lump sum or in instalments in accordance with Schedule I. The payments are withheld from the employee’s pensionable salary or from any pension benefits, except a child’s pension, which becomes payable under this plan.

1987, c. 107, s. 35; 1988, c. 82, s. 184; 1993, c. 41, s. 5; 2004, c. 39, s. 6; 2006, c. 55, s. 4.

2005-01-01

35. An employee who, on 1 January 1988, was a peace officer referred to in paragraph 1 of section 1 but who, on 31 December 1987, was a member of the Civil Service Superannuation Plan or an employee who, on 1 January 1992, was a manager referred to in paragraph 3 of section 1 or a person referred to in paragraph 4 of that section but who, on 31 December 1991, was a member of the Civil Service Superannuation Plan may be credited under this plan with the years and parts of a year of service for which contributions have been refunded under the Civil Service Superannuation Plan, provided the employee repays the contributions with interest at the rate of 4 % compounded annually and computed from the day of the refund.

The amount required of the employee to pay the cost of redemption is payable in a lump sum or in instalments in accordance with Schedule I. The payments are withheld from the employee’s pensionable salary or from any pension benefits, except a child’s pension, which becomes payable under this plan.

1987, c. 107, s. 35; 1988, c. 82, s. 184; 1993, c. 41, s. 5; 2004, c. 39, s. 6.

1993-06-18

35. Every employee is entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a pension plan which applied before 1 January 1992 to a Member of the National Assembly and in respect of which he obtained a refund of his contributions, except if he has already exercised a right of redemption in respect of such years and parts of a year under a pension plan other than this plan.

The employee shall pay to the Commission, for each of those years and parts of a year, an amount equal to the amount obtained by applying the rate of contribution applicable to each of those years under the pension plan of which he was a member after having been a Member of the National Assembly, if the plan is a pension plan referred to in section 22 or, if he was not a member of any of the said plans, pursuant to this plan, to the lesser of the following amounts:

(1)  the indemnity he received as a Member; and

(2)  the pensionable salary he was or is entitled to receive in the first year in which, after having been a Member of the National Assembly, he was a member of a pension plan referred to in section 22 or, as the case may be, is a member of this pension plan.

The pension shall be based solely on the pensionable salary he is receiving or was receiving while he was or is a member of any of the pension plans referred to in the second paragraph.

The service relating to the years and parts of a year redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 35; 1988, c. 82, s. 184; 1993, c. 41, s. 5.

1988-12-23

35. Every employee is entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a system of retirement pensions established by the Legislature Act (chapter L-1) and in respect of which he obtained before 1 January 1983 the withdrawal of his contributions under this Act, except if he has already redeemed such years and parts of a year under section 29 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1).

The employee shall pay to the Commission, for each of those years and parts of a year, an amount equal to the amount obtained by applying the rate of contribution applicable to each of those years under the pension plan of which he was a member after having been a Member of the National Assembly, if the plan is a pension plan referred to in section 22 or, if he was not a member of any of the said plans, pursuant to this plan, to the lesser of the following amounts:

(1)  the indemnity he received as a Member; and

(2)  the pensionable salary he was or is entitled to receive in the first year in which, after having been a Member of the National Assembly, he was a member of a pension plan referred to in section 22 or, as the case may be, is a member of this pension plan.

The pension shall be based solely on the pensionable salary he is receiving or was receiving while he was or is a member of any of the pension plans referred to in the second paragraph.

The service relating to the years and parts of a year redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 35; 1988, c. 82, s. 184.

1988-01-01

35. An employee is entitled to be credited with the years and parts of a year during which he was a Member of the National Assembly and for which he has paid the contribution provided for in section 87 of the Legislature Act (chapter L-1), unless he is entitled to a pension under the said Act or unless he has elected or may elect, pursuant to section 103.18 of the said Act, in favour of the pension plan established by the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1).

The employee shall pay to the Commission, for each of those years and parts of a year, an amount equal to the amount computed at the rate of contribution applicable to each of those years under the pension plan of which he was a member after having been a Member of the National Assembly, if the plan is a pension plan referred to in section 22 or, if he was not a member of any of the said plans, pursuant to this plan, on the lesser of the following amounts:

(1)  the indemnity he received as a Member; and

(2)  the salary he was or is entitled to receive in the first year in which, after having been a Member of the National Assembly, he was a member of a pension plan referred to in section 22 or, as the case may be, is a member of this pension plan.

The pension shall be based solely on the salary he is receiving or was receiving while he was or is a member of any of the pension plans referred to in the second paragraph.

The service relating to the years and parts of a year redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 35.