R-10, r. 1 - Regulation respecting various legislative provisions of the pension plans in the public and parapublic sectors

Updated to 1 September 2012

This document has official status.

chapter R-10, r. 1

Regulation respecting various legislative provisions of the pension plans in the public and parapublic sectors

Act respecting the Government and Public Employees Retirement Plan

(chapter R-10; 1997, chapter 50, s. 112).

1. Subject to the third paragraph and notwithstanding section 85.22 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), a non-unionizable employee who retires in the period of application of the measures provided for in Chapter V.2 of Title I of that Act who was participating in the plan on 31 December 1996 as a unionizable employee is, for the purposes of that Chapter, deemed to be

(1)  a unionizable employee if he was such an employee on 22 March 1997; or

(2)  a non-unionizable employee if he was such an employee on that date.

Subject to the third paragraph and notwithstanding section 215.11.1 of that Act, a unionizable employee, who retires in the period of application of the measures provided for in Title IV.1.1 of that Act and who was participating in the plan on 31 December 1996 as a non-unionizable employee is deemed to be a non-unionizable employee for the purposes of that Title.

An employee who was participating in the plan on 31 December 1996 as a unionizable employee and as a non-unionizable employee is, for the purposes of the measures, deemed to be

(1)  a unionizable employee if he is less than 55 years of age on the date on which he ceases to participate in the plan, if he retires in the period of application of the measures referred to in the first paragraph and if he was such an employee on 22 March 1997;

(2)  a unionizable employee if he is at least 55 years of age on the date on which he ceases to participate in the plan, if he retires in the period of application of the measures referred to in the first paragraph and if he was such an employee eligible for the departure incentives referred to in section 85.33 of that Act on 22 March 1997; or

(3)  a non-unionizable employee if he is at least 55 years of age on the date on which he ceases to participate in the plan, if he retires in the period of application of the measures referred to in the second paragraph and if he was such an employee ineligible for departure incentives on 22 March 1997.

To be deemed to be a unionizable employee and in addition to the conditions provided for in the first or the third paragraph, an employee shall satisfy the terms and conditions provided for in the Regulation respecting Title IV.1.1 of the Act respecting the Government and Public Employees Retirement Plan (O.C. 1228-97, 97-09-24).

O.C. 1229-97, s. 1.

2. For the purposes of the first paragraph of section 103 of the Act to amend various legislative provisions of the pension plans in the public and parapublic sectors (1997, chapter 50), a non-unionizable employee or a unionizable employee who is deemed to be a non-unionizable employee under section 1, who is eligible for a pension under the Government and Public Employees Retirement Plan before 22 March 1997, is, for the purposes of eligibility for benefits under the plan or of their calculation, deemed to have ceased to participate

(1)  on 22 March 1997 if he ceases to be governed by the plan before 1 September 1997;

(2)  on the day on which he ceases to be governed by the plan if that day is later than 31 August 1997.

For the purposes of the second paragraph of section 103 and notwithstanding section 40 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), an employee referred to in the first paragraph is deemed to retire on the day following the day on which he is deemed to have ceased to participate in the plan in accordance with that paragraph. Notwithstanding section 40, a non-unionizable employee or a unionizable employee, who is deemed to be a non-unionizable employee under section 1, who ceases to be governed by the plan when he does not hold employment pensionable under the plan and who becomes eligible for a reduced pension after 21 March 1997, under the measures provided for in Title IV.1.1 of that Act, is deemed to retire on the day following the day on which he is deemed to have ceased to participate in the plan in accordance with the provisions of the latter.

O.C. 1229-97, s. 2.

3. (Omitted).

O.C. 1229-97, s. 3.

REFERENCES

O.C. 1229-97, 1997 G.O. 2, 5103