R-9 - Act respecting the Québec Pension Plan

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135. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a disability pension is payable under this Act or under a similar plan is equal to the aggregate of the following three amounts:
(a)  the lesser of D and E, calculated as follows:

a × 37.5% = D

b – c = E;

(b)  50% of the amount established in accordance with section 137.1; and
(c)  50% of the amount established in accordance with section 137.2.
In the formulas in subparagraph a of the first paragraph,
“a” is the amount established in accordance with section 137;
“b” is the maximum base monthly retirement pension, calculated in accordance with section 116.6, for the year that includes the month for which the basic monthly amount is established;
“c” is the amount of the disability pension payable to the surviving spouse for the month for which the basic monthly amount is established, reduced by 75% of the amounts calculated under subparagraphs 2 and 3 of paragraph b of section 123, adjusted as provided in section 119, and by the amount of the flat benefit included in the disability pension for that month.
In the case of a spouse who is 55 years of age or over, the basic monthly amount of the surviving spouse’s pension also includes the difference between the amount of the flat benefit which, if no disability pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established and the amount of the flat benefit included in his disability pension for that month.
1965 (1st sess.), c. 24, s. 146; 1972, c. 53, s. 38; 1973, c. 16, s. 10; 1974, c. 16, s. 25; 1983, c. 12, s. 21; 1985, c. 4, s. 13; 1993, c. 15, s. 51; 1997, c. 73, s. 53; 2018, c. 22018, c. 2, s. 75.
135. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a disability pension is payable under this Act or under a similar plan is equal to the lesser of D and E, calculated as follows:

a × 37.5% = D

b − c = E

where
“a” is the amount established in accordance with section 137;
“b” is the maximum monthly retirement pension, calculated in accordance with section 116.6, for the year that includes the month for which the basic monthly amount is established;
“c” is the amount of the disability pension payable to the surviving spouse for the month for which the basic monthly amount is established, reduced by the amount of the flat benefit included in the disability pension for that month.
In the case of a spouse who is 55 years of age or over, the basic monthly amount of the surviving spouse’s pension also includes the difference between the amount of the flat benefit which, if no disability pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established and the amount of the flat benefit included in his disability pension for that month.
1965 (1st sess.), c. 24, s. 146; 1972, c. 53, s. 38; 1973, c. 16, s. 10; 1974, c. 16, s. 25; 1983, c. 12, s. 21; 1985, c. 4, s. 13; 1993, c. 15, s. 51; 1997, c. 73, s. 53.
135. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a disability pension is payable under this Act or under a similar plan is equal to the lesser of D and E, calculated as follows:

a x 37.5 % = DŠ b - c = E

where
“a” is the amount of the retirement pension of the contributor;
“b” is 25 % of 1/12 of the average Maximum Pensionable Earnings for the year of the month for which the basic monthly amount is established and the two preceding years;
“c” is the amount of the disability pension payable to the surviving spouse for the month for which the basic monthly amount is established, reduced by the amount of the flat benefit included in the disability pension for that month.
In the case of a spouse who is 55 years of age or over, the basic monthly amount of the surviving spouse’s pension also includes the difference between the amount of the flat benefit which, if no disability pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established and the amount of the flat benefit included in his disability pension for that month.
1965 (1st sess.), c. 24, s. 146; 1972, c. 53, s. 38; 1973, c. 16, s. 10; 1974, c. 16, s. 25; 1983, c. 12, s. 21; 1985, c. 4, s. 13; 1993, c. 15, s. 51.
135. The amount of the contributor’s retirement pension to be used in calculating the surviving spouse’s pension shall be that used in calculating the death benefit.
Nevertheless, such amount shall, for such purpose, be adjusted commencing with the month in which the surviving spouse
(a)  reached 55 years of age or, as the case may be, 65 years of age, not having reached that age at the time of the death of the contributor,
(b)  first became entitled to a surviving spouse’s pension under this Act or to a retirement or disability pension under this Act or under a similar plan, having become entitled to the other such pension, or
(c)  became entitled to a surviving spouse’s pension.
The adjustment mentioned in the preceding paragraph consists in multiplying such amount by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.
Nevertheless, the Pension Indexes contemplated in paragraphs a and b of the second paragraph of section 117 do not apply in calculating the basic amount of a surviving spouse’s pension for any month in a year posterior to 1973.
1965 (1st sess.), c. 24, s. 146; 1972, c. 53, s. 38; 1973, c. 16, s. 10; 1974, c. 16, s. 25; 1983, c. 12, s. 21; 1985, c. 4, s. 13.
135. The amount of the contributor’s retirement pension to be used in calculating the surviving spouse’s pension shall be that used in calculating the death benefit.
Nevertheless, such amount shall, for such purpose, be adjusted commencing with the month in which the surviving spouse
(a)  reached 55 years of age or, as the case may be, 65 years of age, not having reached that age at the time of the death of the contributor,
(b)  first became entitled to a surviving spouse’s pension under this Act or to a retirement or disability pension under this Act or under a similar plan, having become entitled to the other such pension, or
(c)  became entitled to a surviving spouse’s pension.
The adjustment mentioned in the preceding paragraph consists in multiplying such amount by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.
However, for any surviving spouse
(a)  of a contributor who died prior to 1974, and
(b)  who becomes entitled to a surviving spouse’s pension commencing in any month of a year posterior to 1973,
the adjustment contemplated in this section consists in multiplying the amount of the contributor’s retirement pension to be used in computing the surviving spouse’s pension by the ratio that the Pension Index for the year in which the surviving spouse’s pension becomes payable bears to the Pension Index for the year during which the contributor died, as if the latter index had not been subject to the limitations fixed by subparagraphs a and b of the second paragraph of section 117.
1965 (1st sess.), c. 24, s. 146; 1972, c. 53, s. 38; 1973, c. 16, s. 10; 1974, c. 16, s. 25; 1983, c. 12, s. 21.
135. The amount of the contributor’s retirement pension to be used in calculating the surviving spouse’s pension shall be that used in calculating the death benefit.
Nevertheless, such amount shall, for such purpose, be adjusted commencing with the month in which the surviving spouse
(a)  reached 65 years of age, not having reached that age at the time of the death of the contributor,
(b)  first became entitled to a surviving spouse’s pension under this act or a retirement pension under this act or under a similar plan, having become entitled to the other such pension, or
(c)  became entitled to a surviving spouse’s pension.
The adjustment mentioned in the preceding paragraph consists in multiplying such amount by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.
However, for any surviving spouse
(a)  of a contributor who died prior to 1974, and
(b)  who becomes entitled to a surviving spouse’s pension commencing in any month of a year posterior to 1973,
the adjustment contemplated in this section consists in multiplying the amount of the contributor’s retirement pension to be used in computing the surviving spouse’s pension by the ratio that the Pension Index for the year in which the surviving spouse’s pension becomes payable bears to the Pension Index for the year during which the contributor died, as if the latter index had not been subject to the limitations fixed by subparagraphs a and b of the second paragraph of section 117.
1965 (1st sess.), c. 24, s. 146; 1972, c. 53, s. 38; 1973, c. 16, s. 10; 1974, c. 16, s. 25.