R-9.3, r. 2 - Regulation respecting the partition and assignment of benefits accrued under the Pension Plan of Elected Municipal Officers

Section 15 Disposition versions

2012-09-01

15. If the amount paid to the spouse comes from an entitlement to a refund of contributions or to a deferred pension, the benefits of the council member or former council member shall be established in accordance with the Act and shall be recalculated as follows:

(1)  where the council member or former council member is entitled to a refund of contributions or is entitled to transfer an amount under a transfer agreement concluded in accordance with section 63 of the Act, the amount of his refund or the amount to be transferred shall be reduced by the sums awarded to the spouse at the date of assessment with interest compounded annually at the rate determined for each period under the Regulation respecting the application of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3, r. 1) and accrued from the date of assessment to the date on which the refund or transfer is made;

(2)  where the council member or former council member is entitled to a deferred pension or to a pension, his pension shall be reduced, from the date on which it becomes payable or from the date of payment, as the case may be, by the amount of deferred pension that would be obtained on the basis of the sums awarded to the spouse at the date of assessment.

O.C. 1753-91, s. 15; O.C. 1188-95, s. 5.