r-9, r. 3 - Regulation respecting the agreement concerning the remuneration paid during phased retirement

Updated to 1 September 2012

This document has official status.

chapter R-9, r. 3

Regulation respecting the agreement concerning the remuneration paid during phased retirement

Act respecting the Québec Pension Plan

(chapter R-9, s. 219, par. w).

1. An employee can make an agreement referred to in section 195.1 of the Act respecting the Québec Pension Plan (chapter R-9) under the following conditions:

(1)  he resides in Québec within the meaning of the Taxation Act (chapter I-3) and files an income tax return for each of the years of phased retirement;

(2)  he has the same employer at the beginning of phased retirement that he had the preceding year;

(3)  the remuneration that he receives from his reduced-time work is equal to or greater than an amount corresponding to 40% of the aggregate remuneration comprised of the remuneration that he receives from his reduced-time work and the remuneration that is considered to have been paid to him, but may not be less than the Basic Exemption referred to in section 42 of the Act.

O.C. 1680-97, s. 1; O.C. 1104-99, s. 1.

2. The agreement between the employee and his employer shall contain the following information:

(1)  the employee’s name, address, date of birth and social insurance number;

(2)  the employer’s name and address and the number assigned to him for taxation purposes;

(3)  the employee’s pay period;

(4)  per pay period, the number of regular working hours without taking account of reduced time, the amount of the remuneration that the employee receives for his reduced-time work, the amount of remuneration that is to be considered as having been paid to him and the number of hours by which his working time is reduced;

(5)  the beginning and ending dates of the agreement.

O.C. 1680-97, s. 2.

3. The employee or the employer shall inform the Régie of any change in the circumstances that, by virtue of section 1, are conditions of the agreement or in the information referred to in section 2.

O.C. 1680-97, s. 3.

4. The agreement automatically ceases to have effect in the first pay period that follows the pay period during which one of the following situations occurs:

(1)  any condition prescribed in section 1 is no longer met;

(2)  the amount of the remuneration that is to be considered as having been paid to the employee is changed;

(3)  the employee becomes, in accordance with the Act respecting the Québec Pension Plan (chapter R-9), the beneficiary of a disability pension or a retirement pension.

O.C. 1680-97, s. 4.

5. (Omitted).

O.C. 1680-97, s. 5.

REFERENCES

O.C. 1680-97, 1997 G.O. 2, 6328

O.C. 1104-99, 1999 G.O. 2, 3586