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

Section 19 Disposition versions

2012-09-01

19. For the purposes of section 16, the amount of pension that would be obtained on the basis of the sums awarded to the spouse at the date of assessment shall be established at that date according to the actuarial method and assumptions provided for in section 7. That amount is presumed applicable at the date determined in accordance with subparagraph a of paragraph 2 of section 3.

The amount of pension obtained pursuant to the first paragraph shall, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), be indexed in accordance with the rate of increase in the Pension Index within the meaning of that Act, from 1 January following the date of assessment to 1 January of the year during which that amount begins to apply.

If the amount of pension obtained pursuant to the first and second paragraphs begins to apply before the date thus determined, that amount of pension shall be reduced by 0.33% per month, calculated for each month between the date on which it begins to apply and the date thus determined, without exceeding 65%.

If the pensioner retired before the date of payment and if that date occurs after the date determined, the amount of pension obtained pursuant to the first and second paragraphs shall be increased by 0.50% per month, calculated for each month between the date thus determined and the date on which that amount of pension or begins to apply, if the pensioner retired before the date thus determined, or for each month between the date on which he retired and the date on which that amount of pension begins to apply, if the pensioner retired on the date thus determined or thereafter.

O.C. 1753-91, s. 19; O.C. 1188-95, s. 8.