R-11, r. 3 - Teachers Supplementary Pension Plan

Updated to 1 September 2012

This document has official status.

chapter R-11, r. 3

Teachers Supplementary Pension Plan

Act respecting the Teachers Pension Plan

(chapter R-11, s. 75.1).

DIVISION I MINIMUM BENEFITS GRANTED TO THE BENEFICIARY OF A PENSION

1. Where a pension granted under the Act respecting the Teachers Pension Plan (chapter R-11), after 10 years of credited service, except that granted to a child and those provided for in sections 50 and 53 of the Act, is less than the benefit calculated in accordance with section 2 of this Plan, the beneficiary shall be paid a benefit equal to the difference between the benefit fixed in section 2 and that which would have been paid under the Teachers Pension Plan.

T.B. 195706, s. 1.

2. For the purposes of section 1, the amount of the benefit on 1 January 2000 shall be $5,221.40. For each applicable year after that date and until the year when the pension becomes payable, the benefit shall be indexed at the time prescribed by section 119 of the Act respecting the Québec Pension Plan (chapter R-9) by the rate of increase in the Pension Index determined by that Act and, for the following years, it shall be indexed in the manner provided for in section 63 of the Act respecting the Teachers Pension Plan (chapter R-11), reduced in accordance with section 38 or subparagraph 1 of the first paragraph of section 44 or paragraph 1 of section 45 of the Act, as the case may be, even if no pension was paid under the Act respecting the Québec Pension Plan.

Notwithstanding the foregoing, the calculation applies only to the part of the pension relating to the years of service credited before 1 January 1992, and the amount referred to in the first paragraph is multiplied by the fraction that the number of those years is of the total number of years of service credited.

T.B. 195706, s. 2.

DIVISION II BENEFITS FOR PHYSICAL OR MENTAL DISABILITY

3. A benefit shall be paid to a teacher with a physical or mental disability who does not receive a disability pension in accordance with subparagraph 6 of the first paragraph of section 32 of the Act respecting the Teachers Pension Plan (chapter R-11). That supplementary benefit shall be equal to the difference between the pension that would have been payable if the teacher was entitled to a pension under that subparagraph and the pension to which the teacher is entitled under the Teachers Pension Plan.

T.B. 195706, s. 3.

4. For the purposes of section 3, a teacher has a physical or mental disability if that teacher suffers from a severe and prolonged medical condition.

A medical condition is severe if by reason thereof the teacher is totally incapable of performing the work required by his or her position for an extended period of time.

A medical condition is prolonged if it is expected to last indefinitely, that is, if it is unlikely that a cure is possible in the current state of medical knowledge.

T.B. 195706, s. 4.

5. The benefit provided for in section 3 shall be payable until the teacher is no longer disabled.

T.B. 195706, s. 5.

DIVISION III MISCELLANEOUS AND FINAL

6. The relevant provisions of the Act, except those that are inconsistent, shall apply to a teacher who receives a benefit referred to in section 1 or 3, or, as the case may be, to the teacher’s spouse or child, as if those benefits were granted under the Act. Notwithstanding the foregoing, those benefits shall be paid under this Plan.

T.B. 195706, s. 6.

7. The Regulation respecting the partition and assignment of benefits accrued under the Teachers Pension Plan provided for under the Act respecting the Teachers Pension Plan (T.B. 176506, 91-03-19)) shall apply, with the necessary modifications, to the benefits provided for by this Plan.

T.B. 195706, s. 7.

8. (Omitted).

T.B. 195706, s. 8.

REFERENCES

T.B. 195706, 2001 G.O. 2, 459