R-9.1, r. 2 - Regulation respecting the partition and assignment of benefits accrued under the Pension Plan of certain teachers

Section 3 Disposition versions

2019-01-01

3. The benefits accrued under the plan shall be established in accordance with the Act, taking into account the following provisions:

(1)  where the Act provides for an option between a refund of contributions and a deferred pension and where that option has not been exercised at the date of assessment, the accrued benefits shall be those having the highest value;

(2)  except in the case provided for in section 28 of the Act concerning the pension referred to in the fourth paragraph of section 19 of the Act, where the Act prescribed that the employee would be entitled to a pension if he ceased to be covered by the plan before reaching age 65 or, in the case of a female employee, age 60, his benefits are deemed to correspond to a deferred pension payable at that age;

(3)  where the provisions relative to the return to work of a pensioner apply in respect of a pensioner who is not a member of the plan and whose benefits have ceased to be a paid in whole or in part because of his return to work, or where the provisions of Division IV of the Chapter IV of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply, the accrued benefits correspond to the benefits that would otherwise have been paid at the date of assessment if those provisions had not applied.

The accrued benefits of the period of the marriage or civil union shall be established in accordance with the first paragraph on the basis of the years or parts of a year of service counted or credited during that period, on the assumption that the employee or former employee acquired for that period benefits of the same type as those accrued to him between the time when he became a member of the plan and the date of assessment.

For the purpose of establishing and assessing the accrued benefits, those benefits correspond to the benefits acquired under the plan at the date of assessment on the basis of the years or parts of a year of service credited or counted at that date, without taking into account, except in respect of the pensioner, the years or parts of a year added at the time of calculation of the pension. For those purposes, the employee is deemed to have ceased to be covered by the plan at the date of assessment.

O.C. 840-91, s. 3; O.C. 1190-95, s. 3; T.B. 220168, s. 4.

2012-09-01

3. The benefits accrued under the plan shall be established in accordance with the Act, taking into account the following provisions:

(1)  where the Act provides for an option between a refund of contributions and a deferred pension and where that option has not been exercised at the date of assessment, the accrued benefits shall be those having the highest value;

(2)  except in the case provided for in section 28 of the Act concerning the pension referred to in the fourth paragraph of section 19 of the Act, where the Act prescribed that the employee would be entitled to a pension if he ceased to be covered by the plan before reaching age 65 or, in the case of a female employee, age 60, his benefits are deemed to correspond to a deferred pension payable at that age;

(3)  where the provisions relative to the return to work of a pensioner apply in respect of a pensioner who is not a member of the plan and whose benefits have ceased to be a paid in whole or in part because of his return to work, or where the provisions of Division IV of the Chapter IV of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply, the accrued benefits correspond to the benefits that would otherwise have been paid at the date of assessment if those provisions had not applied.

The accrued benefits of the period of the marriage shall be established in accordance with the first paragraph on the basis of the years or parts of a year of service counted or credited during that period, on the assumption that the employee or former employee acquired for that period benefits of the same type as those accrued to him between the time when he became a member of the plan and the date of assessment.

For the purpose of establishing and assessing the accrued benefits, those benefits correspond to the benefits acquired under the plan at the date of assessment on the basis of the years or parts of a year of service credited or counted at that date, without taking into account, except in respect of the pensioner, the years or parts of a year added at the time of calculation of the pension. For those purposes, the employee is deemed to have ceased to be covered by the plan at the date of assessment.

O.C. 840-91, s. 3; O.C. 1190-95, s. 3.