R-9 - Act respecting the Québec Pension Plan

Section 137.1 Disposition versions

2022-02-24

137.1. For the calculation of the first additional portion of the basic monthly amount of the surviving spouse’s pension, the amount to be used is, depending on the contributor’s situation for the month of his death,

(a)  in the case of a contributor to whom a retirement pension was payable, the amount of that pension for the month of his death, established without taking account of the amounts calculated as provided in subparagraphs a and c of the first paragraph of section 120 and adjusted in accordance with section 119, any partition effected under sections 158.3 to 158.8 or a similar plan, any adjustments provided for in section 120.1, or any additional pension established under subparagraphs a and c of the second paragraph of section 120.3; and

(b)  in other cases, an amount equal to 8.33% of the contributor’s average first additional monthly pensionable earnings, calculated as provided in section 116.2.1, for the year of his death.

The amount obtained is adjusted by multiplying it by the ratio between the Pension Index for the year including the month for which the first additional portion of the basic monthly amount is established and the Pension Index for the year of the contributor’s death.

1983, c. 12, s. 22; 1985, c. 4, s. 14; 1993, c. 15, s. 51; 2018, c. 2, s. 78; 2022, c. 3, s. 90.

2018-02-22

137.1. For the calculation of the first additional portion of the basic monthly amount of the surviving spouse’s pension, the amount to be used is, depending on the contributor’s situation for the month of his death,

(a)  in the case of a contributor to whom a retirement pension was payable, the amount of that pension for the month of his death, established without taking account of the amounts calculated as provided in subparagraphs a and c of the first paragraph of section 120 and adjusted in accordance with section 119, any partition effected under sections 158.3 to 158.8 or a similar plan, any adjustments provided for in sections 120.1 and 120.2, or any additional pension established under subparagraphs a and c of the second paragraph of section 120.3; and

(b)  in other cases, an amount equal to 8.33% of the contributor’s average first additional monthly pensionable earnings, calculated as provided in section 116.2.1, for the year of his death.

The amount obtained is adjusted by multiplying it by the ratio between the Pension Index for the year including the month for which the first additional portion of the basic monthly amount is established and the Pension Index for the year of the contributor’s death.

1983, c. 12, s. 22; 1985, c. 4, s. 14; 1993, c. 15, s. 51; 2018, c. 2, s. 78.

1994-01-01

137.1. (Replaced).

1983, c. 12, s. 22; 1985, c. 4, s. 14; 1993, c. 15, s. 51.

1985-04-04

137.1. From 1 January 1984 and notwithstanding section 137, where the surviving spouse of a contributor first becomes entitled to a surviving spouse’s pension provided for in this Act or to a disability pension under this Act or under a similar plan, having become entitled to the other such pension, the surviving spouse’s pension payable to the surviving spouse thereafter is a basic monthly amount which shall not exceed an amount that, when added to the amount of that spouse’s disability pension, is equal to the sum of the two following amounts:

(a)  a flat rate benefit included in the amount of the disability pension;

(b)  an amount equal to the lesser of the two following amounts:

i.  the sum of the amount of the disability pension reduced by the flat rate benefit provided for in subparagraph a, and 37.5% of the amount of the contributor’s retirement pension, calculated in accordance with section 135 and adjusted, where required, in accordance with the third or fourth paragraph of section 132,

ii.  1/12 of 25% of the average of the Maximum Pensionable Earnings for the year in which the surviving spouse first became entitled to a disability pension or a surviving spouse’s pension, having become entitled to the other such pension, and for each of the two preceding years.

However, in no case may the aggregate of the two pensions contemplated in this section payable to the surviving spouse be less than the amount of the surviving spouse’s pension that would be payable to the surviving spouse if no disability pension were payable to that spouse under this Act or under a similar plan.

1983, c. 12, s. 22; 1985, c. 4, s. 14.

1984-01-01

137.1. From 1 January 1984 and notwithstanding section 137, where the surviving spouse of a contributor first becomes entitled to a surviving spouse’s pension provided for in this Act or to a disability pension under this Act or under a similar plan, having become entitled to the other such pension, the surviving spouse’s pension payable to the surviving spouse thereafter is a basic monthly amount which shall not exceed an amount that, when added to the amount of that spouse’s disability pension, is equal to the sum of the two following amounts:

(a)  a flat rate benefit calculated in accordance with section 124; and

(b)  an amount equal to the lesser of the two following amounts:

i.  the sum of the amount of the disability pension reduced by the flat rate benefit calculated in accordance with section 124, and 37.5% of the amount of the contributor’s retirement pension, calculated in accordance with section 135 and adjusted, where required, in accordance with the third or fourth paragraph of section 132, and

ii.  1/12 of 25% of the average of the Maximum Pensionable Earnings for the year in which the surviving spouse first became entitled to a disability pension or a surviving spouse’s pension, having become entitled to the other such pension, and for each of the two preceding years.

However, in no case may the aggregate of the two pensions contemplated in this section payable to the surviving spouse be less than the amount of the surviving spouse’s pension that would be payable to the surviving spouse if no disability pension were payable to that spouse under this Act or under a similar plan.

1983, c. 12, s. 22.