C-52.1 - Act respecting the conditions of employment and the pension plan of the Members of the National Assembly

Updated to 8 June 2022

This document has official status.

chapter C-52.1

Act respecting the conditions of employment and the pension plan of the Members of the National Assembly

CHAPTER I CONDITIONS OF EMPLOYMENT

DIVISION I REMUNERATION

§ 1 . — Indemnities

1. Every Member shall receive an annual indemnity increased to $69,965 as of 1 July 2000. The indemnity shall be increased by 2.5% as of 1 January 2001 and by 2.5% as of 1 January 2002.

The annual indemnity shall subsequently be increased by a percentage equal to the percentage of increase applicable to the salary scales for the group of positions of senior executive officers in the public service, as of the effective dates of the new salary scales.

However, the annual indemnity shall not be increased for the period from 1 April 2010 to 31 March 2012.

1982, c. 66, s. 1; 1986, c. 20, s. 1; 1987, c. 109, s. 33; 1993, c. 37, s. 56; 2000, c. 52, s. 1; 2010, c. 20, s. 28.

2. (Replaced).

1982, c. 66, s. 2; 1986, c. 20, s. 1.

3. (Repealed).

1982, c. 66, s. 3; 1986, c. 20, s. 2; 1987, c. 109, s. 34.

4. (Repealed).

1982, c. 66, s. 4; 1987, c. 109, s. 34.

5. (Repealed).

1982, c. 66, s. 5; 1987, c. 109, s. 34.

6. A Member is entitled to the annual indemnity and to the annual allowance from the date of the election at which he was elected to the date of the general election if he was still a Member when the Assembly was dissolved.

The Member is also entitled, where such is the case, to the indemnity he was receiving under section 7 when the Assembly was dissolved until the date of the general election.

1982, c. 66, s. 6; 1985, c. 19, s. 3.

7. In addition to the annual indemnity,

(1)  the President of the Assembly shall receive on an annual basis an indemnity equal to 75% of the annual indemnity;

(2)  each of the Vice-Presidents of the Assembly shall receive on an annual basis an indemnity equal to 35% of the annual indemnity;

(3)  each of the parliamentary assistants shall receive on an annual basis an indemnity equal to 20% of the annual indemnity;

(4)  the Member occupying the recognized position of Leader of the Official Opposition in the Assembly shall receive on an annual basis an indemnity equal to 75% of the annual indemnity;

(5)  the Member occupying the recognized position of House Leader of the Official Opposition shall receive on an annual basis an indemnity equal to 35% of the annual indemnity;

(6)  any Member, other than the Member contemplated in subparagraph 4, who leads an opposition party in the Assembly shall receive on an annual basis an indemnity equal to 35% of the annual indemnity if that party

(a)  had at least 12 Members elected at the last general election; or

(b)  obtained 20% of the valid votes cast, according to the official addition of the votes cast throughout Québec at the last general election;

(6.1)  the Member occupying the position of House Leader of a party contemplated in subparagraph 6 shall receive on an annual basis an indemnity equal to 25% of the annual indemnity;

(7)  the Member occupying the recognized position of Chief Government Whip in the Assembly shall receive on an annual basis an indemnity equal to 35% of the annual indemnity;

(8)  the Member occupying the recognized position of Chief Whip of the Official Opposition shall receive on an annual basis an indemnity equal to 30% of the annual indemnity;

(9)  a Member who is not a member of the Conseil exécutif and who occupies the recognized position of Deputy Government House Leader shall receive on an annual basis an indemnity equal to 25% of the annual indemnity;

(10)  a Member occupying the recognized position of Deputy House Leader of the Official Opposition shall receive on an annual basis an indemnity equal to 20% of the annual indemnity;

(11)  the Member occupying the position of Whip of a party contemplated in paragraph 6, Assistant Government Whip or Assistant Whip of the Official Opposition shall receive on an annual basis an indemnity equal to 20% of the annual indemnity. For the purposes of this paragraph, the Government and the Official Opposition are entitled to a number of Assistant Whips equal to the multiple of 20 Members in excess of 20, any fraction of 20 not being counted for the purposes of this section;

(11.1)  the Member occupying the position of caucus chairman of the Government party shall receive an indemnity equal to 25% of the annual indemnity;

(11.2)  the Member occupying the position of caucus chairman of the Official Opposition shall receive an indemnity equal to 22.5% of the annual indemnity if the caucus consists of 20 Members or more;

(12)  the Member who is the chairman of a standing committee shall receive on an annual basis an indemnity equal to 25% of the annual indemnity;

(13)  a Member who is the vice-chairman of a standing committee shall receive on an annual basis an indemnity equal to 20% of the annual indemnity;

(13.1)  the Member who presides over a sitting of a standing committee shall receive on an annual basis an indemnity equal to 15% of the annual indemnity;

(14)  a Member who is a member of the Office of the National Assembly shall receive on an annual basis an indemnity equal to 15% of the annual indemnity.

A Member who exercises more than one function for which indemnities are granted under this section or section 7 of the Executive Power Act (chapter E-18) is entitled to only the higher indemnity.

For the duration of the 42nd Legislature, the first paragraph is amended

(1)  by replacing subparagraph 6 by the following subparagraph:

“(6)  any Member, other than the Member contemplated in subparagraph 4, who leads an opposition party represented in the Assembly following the 1 October 2018 general election shall receive on an annual basis an indemnity equal to 35% of the annual indemnity;”;

(2)  by striking out “Whip of a party contemplated in paragraph 6,” in subparagraph 11.

1982, c. 66, s. 7; 1983, c. 54, s. 30; 1984, c. 1, s. 1; 1984, c. 27, s. 58; 1986, c. 20, s. 3; 1987, c. 109, s. 35; 1999, c. 3, s. 8; 2001, c. 22, s. 1; 2009, c. 3, s. 1; 2012, c. 24, s. 3; 2014, c. 5, s. 1; 2018, c. 28, s. 5.

8. (Repealed).

1982, c. 66, s. 8; 1987, c. 109, s. 36.

9. The indemnities and the transition allowance provided for in Chapter I constitute a salary for the purposes of article 698 of the Code of Civil Procedure (chapter C-25.01).

1982, c. 66, s. 9; I.N. 2016-01-01 (NCCP).

§ 2 . — Expense Allowance

10. Every Member shall receive an annual allowance of $17,650 to reimburse any expenses he incurs in the performance of his duties.

The allowance is increased by the amount necessary to make the increased allowance correspond to $17,650 after deduction of the income tax that would be payable by the Member for the year on the allowance thus increased, under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), if only the indemnities that the Member may receive under sections 1 and 7 of this Act or section 7 of the Executive Power Act (chapter E-18) were taken into account in computing his income.

1982, c. 66, s. 10; 2019, c. 10, s. 1.

11. The allowance shall be adjusted, on 1 January every year, according to the rate of increase in the Consumer Price Index for Canada established by Statistics Canada.

The rate of the increase is established by the Consumer Price Index for Canada for the month preceding the adjustment, reduced by the Consumer Price Index for Canada for the same month of the preceding year, divided by the latter Consumer Price Index.

1982, c. 66, s. 11; 2019, c. 10, s. 2.

§ 3 . — Special Provisions

1983, c. 54, s. 31.

11.1. The expense allowance and the indemnity, within the meaning of the first paragraph of section 23, of a Member serving a prison term are reduced on an annual basis proportionately to the number of days during which the Member is imprisoned in a correctional facility.

The period of imprisonment is not included in computing the transition allowance contemplated in section 13.

1983, c. 54, s. 31; 1993, c. 41, s. 1; 2002, c. 24, s. 209.

DIVISION II TRANSITION ALLOWANCE

12. A Member who is defeated in an election, or who serves out a term as Member but is not a candidate in the next election, is entitled to a transition allowance.

A Member who resigns during his term of office is also entitled to a transition allowance on condition that his resignation is due to a serious family matter or to a major health issue affecting him or a member of his immediate family.

1982, c. 66, s. 12; 2015, c. 33, s. 1.

12.1. The Ethics Commissioner shall determine whether one of the conditions set out in the second paragraph of section 12 has been met.

Before rendering a decision, the Ethics Commissioner shall give the resigning Member an opportunity to present observations and be heard. The Ethics Commissioner shall send the decision in writing to the Member and to the Secretary General of the National Assembly. If the decision is favourable, the Ethics Commissioner must give public notice, without disclosing the reasons for the decision.

If the decision is favourable, the allowance is paid retroactively from the date the Member’s term of office ended.

2015, c. 33, s. 2.

13. The transition allowance is equal to twice the Member’s monthly salary for each complete year during which he was a Member of the Assembly. He is also entitled, where such is the case, to twice the portion of the monthly salary equal to the fraction of a year during which he was a member of the Assembly.

In no case may the allowance be less than four times his monthly salary, nor, on the other hand, be more than twelve times his monthly salary.

The period over which the payment of the allowance is spread corresponds to the number of months’ salary to which he is entitled.

In the case of a resigning Member who obtained a favourable decision under section 12.1, the amount paid must be reduced by an amount equal to the employment, professional, business or retirement income the Member receives or is entitled to receive during the period defined in the third paragraph.

1982, c. 66, s. 13; 2015, c. 33, s. 3.

13.1. If, during the period defined in the third paragraph of section 13, the resigning Member who obtained a favourable decision under section 12.1 received or was entitled to receive employment, professional, business or retirement income, the resigning Member must file a written statement with the Ethics Commissioner within 60 days after the end of the period defined in the third paragraph of section 13, stating the nature and amount of the income. The Ethics Commissioner shall send the statement to the Secretary General of the National Assembly.

If the total amounts paid as a transition allowance exceed what the Member was entitled to, given the employment, professional, business or retirement income actually received, the former Member shall reimburse the overpayment.

If the former Member fails to file the required statement with the Ethics Commissioner within the time prescribed in the first paragraph, the Secretary General of the National Assembly must demand the full reimbursement of the transition allowance, unless the former Member subsequently files the required information with the Commissioner within a reasonable time.

2015, c. 33, s. 4.

14. The monthly salary contemplated in section 13 is equal to the higher of the following amounts:

(1)  one-twelfth of the sum of the indemnities contemplated in subdivision 1 of Division I of Chapter I and of those provided for in section 7 of the Executive Power Act (chapter E-18) received by the Member in the 12 months preceding the end of his term; if he has been a Member of the Assembly for less than 12 months, the sum of those indemnities divided by the number of months and parts of months during which he was a Member of the Assembly during that term;

(2)  one thirty-sixth of the sum of the indemnities contemplated in subparagraph 1 received by the Member for the last three highest paid years of service during his last term or all his terms provided they were continuous; if the beneficiary has less than three years of service but more than one during those successive terms, the sum of those indemnities divided by the number of months and parts of months he has accumulated during that period.

For the purposes of subparagraph 2 of the first paragraph, a year of service corresponds to a total of 365 days during which a person was a Member of the National Assembly, whether continuously or not, and an annual indemnity is presumed to have been received uniformly during the entire period of service counted for that year.

1982, c. 66, s. 14; 1993, c. 41, s. 2.

15. A person who receives an allowance is no longer credited for the total number of years or parts of years served prior to his leaving in the computing of any transition allowance to which he may be entitled at the end of a later term.

Only a Member in office on 1 January 1983 may have counted the years or parts of years prior to that date in the computing of any transition allowance.

1982, c. 66, s. 15.

16. The allowance is paid to the Member at the end of his term and upon his application in a single payment or over a period of up to 36 months.

The unpaid balance of the allowance may be paid in a single payment if the beneficiary applies therefor.

1982, c. 66, s. 16; 1985, c. 19, s. 4; 1987, c. 109, s. 37.

17. The payment of the allowance ceases on the day on which the beneficiary again becomes a Member.

1982, c. 66, s. 17; 1985, c. 19, s. 5.

18. If at the time he ceases to hold office, a Member is entitled to benefits under the disability insurance plan referred to in section 24, the transition allowance is reduced by an amount equal to the benefits he receives during the period during which he is entitled to both the allowance and the benefits.

1982, c. 66, s. 18; 1993, c. 41, s. 3.

CHAPTER II PENSION PLAN

1992, c. 9, s. 2.

DIVISION I APPLICATION

1992, c. 9, s. 2.

19. Every person who is a Member after 31 December 1991 shall participate in this plan unless he gives notice to the Office of the National Assembly of his intention not to participate. Where that is the case, section 34 applies to the person who has given such notice and, for the purposes of the said section, such a person is deemed to have ceased to be a Member on the date on which the notice was received by the Office.

Every person who has given such notice may subsequently elect to participate in this plan by giving notice to that effect to the Office.

This plan applies to a person who is entitled to or receives a pension under a pension plan which applied to a Member before 1 January 1992.

1982, c. 66, s. 19; 1992, c. 9, s. 2.

20. A person who is a Member shall not cease to be a Member by reason only of the dissolution of the National Assembly, but he shall cease to be a Member from the day fixed for the election following such dissolution, if he is not then reelected.

1982, c. 66, s. 20; 1987, c. 109, s. 1, s. 38; 1992, c. 9, s. 2.

21. A Member shall not participate in this plan from 31 December of the year in which the Member attains 69 years of age.

1982, c. 66, s. 21; 1992, c. 9, s. 2; 1997, c. 71, s. 1.

DIVISION II CONTRIBUTIONS

1992, c. 9, s. 2.

22. An amount equal to 9% of each payment of a Member’s indemnity shall be withheld as contributions. However, no amount shall be withheld from the indemnity of a Member who has accumulated pension credits in respect of a period equivalent to 25 years.

1982, c. 66, s. 22; 1983, c. 24, s. 83; 1992, c. 9, s. 2.

23. The indemnity of a Member is the indemnity provided for in section 1 added, in the case of a Member who receives such an indemnity, to the indemnity provided for in section 7 or in section 7 of the Executive Power Act (chapter E-18).

However, in no case may the annual indemnity exceed, for the purpose of computing contributions and pension credits, the amount required to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

Where a Member has participated in the plan for only a fraction of a year, his annual indemnity shall not exceed the amount obtained by multiplying the amount referred to in the second paragraph by that fraction of a year.

1982, c. 66, s. 23; 1992, c. 9, s. 2.

24. A person who ceases to be a Member by reason of physical or mental disability is deemed to have paid contributions on the annual indemnity provided for in section 1 until the date on which he ceases to receive benefits under a disability insurance plan determined by the Office of the National Assembly or, if earlier, until the date on which he attains 60 years of age.

1982, c. 66, s. 24; 1983, c. 24, s. 84; 1990, c. 5, s. 1; 1992, c. 9, s. 2.

24.1. (Replaced).

1987, c. 109, s. 2; 1992, c. 9, s. 2.

DIVISION III RETIREMENT PENSION

1992, c. 9, s. 2.

§ 1 . — Calculation of pension credits

1992, c. 9, s. 2.

25. A Member is entitled each year to a pension credit equal to 1.75% of the annual indemnity on which he paid or, as the case may be, is deemed to have paid contributions, without exceeding a period equivalent to 25 years.

A pension credit computed in accordance with the first paragraph shall be granted to a person who is a Member on 1 January 1992 for each year or part of a year during which he paid contributions to the plan before 1 January 1992 and each year or part of a year credited to him under the plan before that date. Such pension credit replaces, in respect of each of those years and parts of a year, the pension credit granted to the Member before 1 January 1992.

1982, c. 66, s. 25; 1987, c. 109, s. 3; 1992, c. 9, s. 2.

26. A Member is also entitled to a pension credit for each year or part of a year during which he paid contributions to a pension plan applicable to a Member of the National Assembly or to a Member of the Parliament of Canada that may be counted under this plan and in respect of which he is not entitled to a pension under such a plan or another Act provided he applies therefor and pays, on the conditions and in the manner prescribed by regulation, an amount equal to the contribution which would have been withheld under the plan from the indemnity to which he is entitled at the time of the application for each year and part of a year so counted.

Each pension credit thus granted shall be established in the manner prescribed in the first paragraph of section 25 on the basis of the indemnity to which the Member is entitled at the time of his application for redemption. Each pension credit shall be added to the pension credit for the year of application.

However, each pension credit granted in accordance with the first paragraph in respect of a year or part of a year credited under this plan and subsequent to 31 December 1982 shall be established in the manner prescribed in the first paragraph of section 25 on the basis of the indemnity to which the Member was entitled during that year or part of a year. For indexing purposes, the pension credit is deemed never to have been refunded to the Member.

1982, c. 66, s. 26; 1987, c. 109, s. 4; 1992, c. 9, s. 2.

27. A Member who has given the notice provided for in the second paragraph of section 19 is entitled to a pension credit for each year or part of a year during which he did not participate in this plan provided he applies therefor and pays, on the conditions and in the manner prescribed by regulation, an amount equal to the contribution which would have been withheld if he had participated in this plan, with interest accrued, in the manner and at the rate prescribed by regulation.

Each pension credit thus granted shall be established in the manner prescribed in the first paragraph of section 25 on the basis of the indemnity to which the Member was entitled during such a year or part of a year. For indexing purposes, the pension credit is deemed to have been granted during such a year or part of a year.

1982, c. 66, s. 27; 1987, c. 109, s. 5, s. 39; 1992, c. 9, s. 2.

28. A Member who availed himself of section 34 is entitled to a pension credit equal to the pension credit that had been granted to him before the date of such payment provided he applies therefor and pays, on the conditions and in the manner prescribed by regulation, an amount equal to the sum paid to him in accordance with the said section with interest accrued, in the manner and at the rate prescribed by regulation, from the date of payment to the date of application. For indexing purposes, the pension credit is deemed never to have been paid to the Member.

1982, c. 66, s. 28; 1992, c. 9, s. 2.

29. Every pension credit shall be indexed annually on 1 January following the year in respect of which the credit is granted and until 1 January preceding the date on which the retirement pension becomes payable, according to the rate of increase in the Pension Index established under the Act respecting the Québec Pension Plan (chapter R-9).

1982, c. 66, s. 29; 1987, c. 109, s. 6; 1988, c. 82, s. 214; 1992, c. 9, s. 2.

30. The retirement pension shall be equal to the aggregate of the pension credits accumulated under this subdivision.

1982, c. 66, s. 30; 1992, c. 9, s. 2.

§ 2 . — Eligibility

1992, c. 9, s. 2.

31. A person 60 years of age or more who ceases to be a Member is entitled, upon application, to a retirement pension.

A person under 60 years of age is entitled, upon application, to a retirement pension reduced, for its duration, by 0.25% for each month between the date on which the pension is payable and the date on which he attains 60 years of age.

1982, c. 66, s. 31; 1992, c. 9, s. 2.

32. The retirement pension is payable at the latest from 31 December in the year in which the person attains 69 years of age, even if the person has not ceased to be a Member on that date.

1982, c. 66, s. 32; 1992, c. 9, s. 2; 1997, c. 71, s. 2; 2006, c. 10, s. 3.

33. The retirement pension is payable to a person 60 years of age or more who ceases to be a Member from the date on which the person ceases to be a Member, regardless of the date of the application.

The retirement pension is payable to a person under 60 years of age who ceases to be a Member from either of the following dates:

(1)  the date on which the application is received; or

(2)  any date mentioned in the application and subsequent to the date on which the application is received, but not later than the date on which the person attains 60 years of age.

However, if the person described in the second paragraph applies for a retirement pension after the date on which the person attains 60 years of age, the retirement pension is payable from that date.

1982, c. 66, s. 33; 1987, c. 109, s. 7; 1992, c. 9, s. 2; 2006, c. 10, s. 4.

33.1. (Replaced).

1987, c. 109, s. 7; 1992, c. 9, s. 2.

33.2. (Replaced).

1987, c. 109, s. 7; 1992, c. 9, s. 2.

34. If the actuarial value of the reduced retirement pension, established in accordance with the actuarial assumptions and methods determined by regulation, is less than the sum of the contributions with interest accrued, in the manner and at the rate prescribed by regulation, on the date on which the retirement pension would be payable, the retirement pension is adjusted in such a manner as to render the value equal to the sum of the contributions and interest.

Instead of receiving a reduced retirement pension, a person who is under 60 years of age may, upon an application made in accordance with the conditions and in the manner prescribed by regulation, elect to receive payment of the actuarial value of the reduced pension.

The amount referred to in the second paragraph bears interest in the manner and at the rate prescribed by regulation from the date on which the retirement pension would have been payable until the date on which payment is made. The amount shall be transferred to a locked-in retirement account with a financial institution chosen by the person.

The expression “locked-in retirement account” has the meaning assigned to it by the Supplemental Pension Plans Act (chapter R-15.1).

Payment of the amount referred to in the second paragraph shall cancel any entitlement to the retirement pension.

1982, c. 66, s. 34; 1992, c. 9, s. 2.

§ 3 . — Retirement pension acquired before 1 January 1992

1992, c. 9, s. 2.

35. Every person who was a Member before 1 January 1983 and who is a Member on 1 January 1992 is entitled on that date to a retirement pension equal to 75% of the aggregate of the contributions he paid or is deemed to have paid before 1 January 1983 under the Legislature Act (chapter L-1), indexed until 31 December 1991 in accordance with the said Act.

However, a person who was receiving a retirement pension under the said Act and who is a Member on 1 January 1992 is entitled on that date to the pension to which he would have been entitled under the said Act if the pension had continued to be paid and indexed until 31 December 1991.

The person is deemed to have ceased to be a Member on 31 December 1991 and to have again become a Member on 1 January 1992.

1982, c. 66, s. 35; 1987, c. 109, s. 8; 1992, c. 9, s. 2.

36. A retirement pension is payable to a person who was a Member before 1 January 1983 from the date on which the person ceases to be a Member or, at the latest, from 31 December in the year in which the person attains 69 years of age.

1982, c. 66, s. 36; 1987, c. 109, s. 9; 1992, c. 9, s. 2; 1997, c. 71, s. 3; 2006, c. 10, s. 5.

37. Every person who was a Member before 1 January 1983 and who ceased to be a Member before 1 January 1992 shall continue to receive, for life, the retirement pension he was receiving under the Legislature Act (chapter L-1) on 31 December 1991.

1982, c. 66, s. 37; 1992, c. 9, s. 2.

38. Every person who was a Member after 31 December 1982 and who ceased to be a Member before 1 January 1992 shall continue to receive, for life, the retirement pension he was receiving under this Act on 31 December 1991.

If the person has ceased to be a Member and has not applied for his retirement pension or for the refund of his contributions, the provisions of Chapters II and III of this Act shall continue to apply as they read on 31 December 1991.

1982, c. 66, s. 38; 1992, c. 9, s. 2.

DIVISION IV PENSION TO SPOUSE AND CHILDREN

1992, c. 9, s. 2.

39. The spouse of a Member or pensioner is the person married to or in a civil union with the Member or pensioner or, provided that neither is married or in a civil union, the person of the opposite or the same sex who, at the time of the death, was living in a de facto union with the Member or pensioner and had been publicly represented as the Member’s or pensioner’s spouse for at least three years or, if a child has issued or will issue from their de facto union, for at least one year.

For the purposes of this division, the word “Member” includes a former Member who is entitled to a retirement pension.

1982, c. 66, s. 39; 1987, c. 109, s. 10; 1992, c. 9, s. 2; 1999, c. 14, s. 10; 2002, c. 6, s. 126.

39.1. (Replaced).

1987, c. 109, s. 11; 1992, c. 9, s. 2.

40. Upon the death of a Member or pensioner, the spouse of the Member or pensioner is, on an application and subject to section 45, entitled to a pension, for life, equal to 60% of the pension which the Member would have been entitled to receive under Division III or which the pensioner was receiving under the said division.

1982, c. 66, s. 40; 1992, c. 9, s. 2.

41. Each child of a Member or pensioner is entitled, upon the death of the Member or pensioner and on an application, if he is under 18 years of age or if he is under 21 years of age and attends on a full-time basis a teaching institution at the college or university level, to receive 10% of the retirement pension which the Member would have been entitled to receive or which the pensioner was receiving.

However, if the Member or the pensioner has no spouse at the time of his death or if the spouse dies, each child shall then be entitled to receive 20% of the retirement pension which the Member would have been entitled to receive or which the pensioner was receiving on the day of his death or, as the case may be, would have been entitled to receive on the day of the spouse’s death.

Pensions paid to the spouse and children or to the children only shall not exceed the amount of the retirement pension which the Member would have been entitled to receive or which the pensioner was receiving. The pension payable to the children shall, where necessary, be divided equally among the children.

1982, c. 66, s. 41; 1987, c. 109, s. 12; 1992, c. 9, s. 2.

42. The pension becomes payable to the spouse or children from the day of the Member’s death or from the day on which payment of the retirement pension of the pensioner ceases.

1982, c. 66, s. 42; 1987, c. 109, s. 13; 1992, c. 9, s. 2; 2006, c. 10, s. 6.

43. The spouse and children shall continue to receive the pension they were receiving on 31 December 1991 under the Legislature Act (chapter L-1).

However, if the spouse dies and subject to section 45, every child of the Member who meets the requirements set out in section 41 shall receive 20% of the retirement pension which the Member or pensioner would have been entitled to receive on the day of the spouse’s death.

1982, c. 66, s. 43; 1992, c. 9, s. 2.

44. The spouse shall continue to receive the pension he was receiving on 31 December 1991 under this Act.

However, if the spouse dies and subject to section 45, every child of the Member who meets the requirements set out in section 41 shall receive 20% of the retirement pension which the Member or pensioner would have been entitled to receive on the day of the spouse’s death.

1982, c. 66, s. 44; 1987, c. 109, s. 14; 1992, c. 9, s. 2.

45. Section 103.11 of the Legislature Act (chapter L-1) and section 52 of this Act, as they read on 31 December 1991, shall continue to apply if the Member or the former Member availed himself of such provisions before 1 January 1992.

1982, c. 66, s. 45; 1985, c. 19, s. 6; 1987, c. 109, s. 15; 1992, c. 9, s. 2.

DIVISION V MISCELLANEOUS PROVISIONS

1992, c. 9, s. 2.

46. (Repealed).

1982, c. 66, s. 46; 1987, c. 109, s. 16; 1992, c. 9, s. 2; 2006, c. 10, s. 7.

47. Every pension shall be payable periodically and at the same time as is determined under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1982, c. 66, s. 47; 1990, c. 5, s. 2; 1992, c. 9, s. 2.

48. Every pension is indexed annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9),

(1)  for the part attributable to service subsequent to 31 December 1982 but prior to 1 January 2000, by the percentage corresponding to the rate of increase in the Pension Index determined under that Act less 3%; and

(2)  for the part attributable to service subsequent to 31 December 1999, by the percentage determined under subparagraph 1 of this paragraph or by half the rate of increase in the Pension Index, whichever is more advantageous.

However, in the case of a pension paid under a pension plan which applied to a Member of the National Assembly before 1 January 1983, the pension shall be indexed annually according to the rate of increase in the Pension Index determined by the said Act.

1982, c. 66, s. 48; 1987, c. 109, s. 17; 1992, c. 9, s. 2; 2006, c. 10, s. 8.

49. Payment of any retirement pension payable under Division III shall cease from the day the person is again a Member unless, pursuant to section 21, he is prevented from participating in the plan.

The retirement pension of which payment ceases shall be indexed each year, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), according to the rate of increase in the Pension Index determined by the said Act.

The pension, recalculated, if necessary, to take into account pension credits accumulated by the Member, becomes again payable from the date on which the person again ceases to be a Member or, at the latest, from 31 December of the year in which the person attains 69 years of age.

1982, c. 66, s. 49; 1987, c. 109, s. 18; 1992, c. 9, s. 2; 1997, c. 71, s. 4; 2006, c. 10, s. 9.

50. Every amount paid under this chapter is inalienable and unseizable.

However, in the case of a debt for support, the amount is unseizable up to 50%.

1982, c. 66, s. 50; 1992, c. 9, s. 2.

51. The spouse or, where there is no spouse, the successors of a deceased pensioner are entitled to receive, until the first day in the month following the pensioner’s death, the retirement pension he would have received.

1982, c. 66, s. 51; 1992, c. 9, s. 2; 1992, c. 67, s. 1; 1999, c. 40, s. 77.

52. A person who is a pensioner under a retirement plan which applied before 1 January 1983 to the Members of the National Assembly and who paid contributions to this plan from that date is entitled, upon application and if he is not entitled to a retirement pension under this plan, to the refund of the sum of the contributions paid under this plan with interest accrued, in the manner and at the rate prescribed by regulation. If the person dies before making an application, his spouse or, if he has no spouse, his successors may, upon application, obtain such a refund.

1982, c. 66, s. 52; 1987, c. 109, s. 19; 1992, c. 9, s. 2; 1999, c. 40, s. 77.

53. Where the sum of the amounts paid as pension under this chapter is less than twice the Member’s contributions, with interest accrued, in the manner and at the rate prescribed by regulation, until the date on which a pension has become payable after his last term, the difference shall be paid, upon application, to the Member’s successors in a single payment from the time payment of the pension to the last person entitled to it ceases.

Where the payment of the actuarial value of the reduced retirement pension, made pursuant to the second paragraph of section 34, is less than twice the Member’s contributions, with interest accrued, in the manner and at the rate prescribed by regulation, until the date on which the reduced retirement pension would have been payable for the purpose of computing that value, the difference shall be paid, upon application, to the deceased Member’s successors in a lump sum provided that, on the date of the application, there is no surviving spouse or children in a position to satisfy the conditions for the obtention of a pension set out in section 41.

For the purposes of the first and second paragraphs, no interest shall be granted for the period during which a pension is paid.

1982, c. 66, s. 53; 1990, c. 5, s. 3; 1992, c. 9, s. 2; 1992, c. 67, s. 2; 1999, c. 40, s. 77.

54. Where at the time of his death, the Member has no spouse or children, an amount equal to twice the Member’s contributions shall be refunded to his successors with interest, in the manner and at the rate prescribed by regulation, until the date on which the refund is made.

1982, c. 66, s. 54; 1992, c. 9, s. 2; 1999, c. 40, s. 77.

55. For the purposes of sections 63 and 64 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), section 57 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), sections 51 and 52 of the Act respecting the Teachers Pension Plan (chapter R-11), sections 84 and 85 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) and section 78 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), an employee, a teacher or an officer, as the case may be, is deemed to have begun to receive a retirement pension under Division III upon ceasing to be a Member and upon qualifying for a retirement pension.

However, contributions refunded under the said sections must be repaid during the term of the Member.

1982, c. 66, s. 55; 1987, c. 109, s. 20; 1992, c. 9, s. 2; 2001, c. 31, s. 214; 2006, c. 10, s. 10.

55.0.1. Notwithstanding any inconsistent provision, the Member to whom this Act applies who, before the Act applied to him, had a period of absence without pay while participating in the pension plan established under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1), the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Act respecting the Teachers Pension Plan (chapter R-11), the Act respecting the Civil Service Superannuation Plan (chapter R-12) or the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) may, if the Member applies therefor, be credited with that period of absence under the last of those plans in which the Member participated. The Member may also be credited, under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel, according to the last plan in which the Member participated, with a period during which the Member held casual employment within the meaning of the Act respecting the Government and Public Employees Retirement Plan.

In addition, the Member referred to in the first paragraph who had a period of absence without pay while participating in the Teachers Pension Plan or the Civil Service Superannuation Plan and whose years of service credited under any of those plans have not been credited under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel, may be credited with such a period under the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be.

For the purposes of this section, the provisions of the plans under which the redemption is made are the provisions in force on 1 August 2002 or on the date of receipt of the application, if it is subsequent to that date, and the provisions apply with the necessary modifications. For the determination of the redemption costs, the Member is considered not to be receiving a pensionable salary on the date of the receipt of the application within the meaning of the pension plans concerned.

The Member to whom this Act applies and to whom section 2 of the Order in Council respecting the designation of classes of employees and the determination of special provisions pursuant to section 10.1 of the Act respecting the Government and Public Employees Retirement Plan No. 245-92 dated 26 February 1992 (1992, G.O. 2, 1051) already applied, may avail himself or herself of section 20 of that order.

This section applies only within the limits authorized under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

2002, c. 30, s. 159.

55.1. (Replaced).

1987, c. 109, s. 20; 1992, c. 9, s. 2.

DIVISION VI PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1992, c. 9, s. 2.

56. From the introduction of an application for separation from bed and board, divorce, annulment of marriage or annulment or dissolution of a civil union or for the payment of a compensatory allowance, the Member or former Member and his or her spouse are entitled to obtain, upon an application made to the Office on the conditions and in the manner prescribed by regulation, a statement setting out the value of the benefits accrued to the Member or former Member, the value of such benefits for the duration of the marriage or civil union and any other information determined by such regulation.

The Member or former Member and his or her spouse are also entitled to obtain such a statement, upon an application made to the Office on the conditions and in the manner prescribed by regulation, for the purposes of mediation conducted prior to proceedings in family matters or of a joint procedure before a notary for the dissolution of their civil union.

1982, c. 66, s. 56; 1987, c. 109, s. 20; 1992, c. 9, s. 2; 1995, c. 70, s. 58; 2002, c. 6, s. 127.

57. For the purposes of partition and assignment, the accrued benefits shall be established according to the rules fixed by regulation, which may differ from the rules otherwise applicable under this chapter. The benefits shall be assessed in accordance with the actuarial rules, assumptions and methods determined by such regulation, which may vary according to the nature of the benefits established.

The benefits shall be established and assessed on the date on which the spouses ceased living together, on the date of institution of the proceedings or on the date determined in the notarized transaction settling the consequences of the dissolution of the civil union, as the case may be.

1982, c. 66, s. 57; 1992, c. 9, s. 2; 1995, c. 70, s. 59; 2002, c. 6, s. 128.

57.1. (Replaced).

1990, c. 5, s. 4; 1992, c. 9, s. 2.

57.2. (Replaced).

1990, c. 5, s. 4; 1992, c. 9, s. 2.

57.3. (Replaced).

1990, c. 5, s. 4; 1992, c. 9, s. 2.

57.4. (Replaced).

1990, c. 5, s. 4; 1992, c. 9, s. 2.

57.5. (Replaced).

1990, c. 5, s. 4; 1992, c. 9, s. 2.

57.6. (Replaced).

1990, c. 5, s. 4; 1992, c. 9, s. 2.

58. The Office, upon an application made in accordance with the conditions and in the manner prescribed by regulation, shall pay the sums awarded to the spouse. The regulation may also prescribe the rules, conditions and manner according to which payment of such sums and, where such is the case, interest thereon is made.

1982, c. 66, s. 58; 1983, c. 24, s. 85; 1992, c. 9, s. 2.

59. Every sum paid to the spouse, the interest yielded by it and the benefits purchased with such sums shall be inalienable and unseizable.

1982, c. 66, s. 59; 1987, c. 109, s. 21; 1990, c. 5, s. 5; 1992, c. 9, s. 2.

60. Following payment of the sums awarded to the spouse of the Member or former Member, any sum payable under this chapter with respect to the participation of the Member or former Member shall be reduced in accordance with the actuarial rules, assumptions and methods prescribed by regulation, which may vary according to the nature of the entitlement from which such sum is derived.

1982, c. 66, s. 60; 1992, c. 9, s. 2.

61. Where, following separation from bed and board, the value of the benefits accrued to the Member or former Member is included in whole or in part in the value of the benefits that may be partitioned, the partition of the family patrimony shall entail, for the spouse who obtained it, the extinction of any other benefit, advantage or reimbursement which the spouse may claim as spouse, unless the spouses resume living together.

1982, c. 66, s. 61; 1992, c. 9, s. 2.

DIVISION VII ADMINISTRATION

1992, c. 9, s. 2.

62. The Office of the National Assembly is responsible for the administration of the pension plan.

It may delegate such administration, in whole or in part, and on the conditions it determines, to Retraite Québec or to any other body it designates.

1982, c. 66, s. 62; 1992, c. 9, s. 2; 2015, c. 20, s. 61.

63. The Office of the National Assembly may, by regulation,

(1)  determine, for the purposes of sections 27, 28, 34, 52, 53 and 54, the rates of interest applicable and prescribe, for the purposes of such sections, a method of computation and application of the rate;

(2)  prescribe the conditions and manner according to which payment of the amounts referred to in sections 26, 27 and 28 is made;

(3)  prescribe the conditions and manner according to which the payment provided for in section 34 is made and determine actuarial assumptions and methods for the purpose of establishing the actuarial value of the retirement pension referred to in that section;

(4)  prescribe the conditions and the manner according to which applications under Division VI are made;

(5)  determine, for the purposes of section 56, the information to be included in the statement setting out the value of the benefits accrued to a Member or former Member;

(6)  fix, for the purposes of section 57, rules applicable to the establishment of accrued benefits, which may differ from those otherwise applicable under this chapter, and determine, for the purposes of the said section, actuarial rules, assumptions and methods applicable to the assessment of accrued benefits, which may differ according to the nature of such benefits;

(7)  prescribe, for the purposes of section 58, the rules, conditions and manner according to which payment of the sums awarded to the spouse and, where such is the case, of the interest thereon is made;

(8)  prescribe, for the purposes of section 60, actuarial rules, assumptions and methods to reduce any sum payable under this chapter, which may vary according to the nature of the benefit from which such a sum is derived;

(9)  adopt any provision allowing to compensate for the omission of a transitional provision in order to ensure, where necessary, that this plan applies to the Members referred to in section 19;

(10)  prescribe every other measure necessary for the application of this chapter.

Every regulation made under this section may have effect 12 months or less before its adoption.

1982, c. 66, s. 63; 1992, c. 9, s. 2.

64. Every Member shall, each year, receive a statement of his accumulated contributions and benefits.

The Member, the former Member or the pensioner shall receive a statement of his participation in the plan, which is before 1 January 1992, and of the benefits accumulated before that date under the plan or a pension plan which was applicable to Members of the National Assembly before 1 January 1983.

The person to whom the second paragraph applies has one year from the date of receipt of the statement before requesting that corrections be made to the data included therein.

1982, c. 66, s. 64; 1992, c. 9, s. 2.

65. All the sums collected under this chapter shall be paid into the Consolidated Revenue Fund.

1982, c. 66, s. 65; 1992, c. 9, s. 2.

CHAPTER III SUPPLEMENTARY BENEFITS PLAN

1992, c. 9, s. 2.

66. Every person who is a Member after 31 December 1991 shall be entitled to supplementary benefits payable on the same date as the retirement pension. The benefits shall be granted in respect of all the years and parts of a year for which the person is entitled to a pension credit under Division III of Chapter II.

The Office of the National Assembly shall establish, by regulation, a plan providing for such benefits. It may also provide in the plan for the payment of benefits to the spouse and to each child of the Member.

The sums of money paid under that plan are unassignable and unseizable. However, such sums shall be unseizable up to 50% in the case of partition between married or civil union spouses of the family patrimony, the payment of support or the payment of a compensatory allowance.

1982, c. 66, s. 66; 1992, c. 9, s. 2; 2002, c. 6, s. 129; 2006, c. 10, s. 11.

67. The benefits acquired each year shall not exceed the difference between 4% of the annual indemnity provided for in section 25, 26 or 27, as the case may be, regardless of the limit provided for in the second and third paragraphs of section 23, and the amount of the pension credit to which those benefits are added.

1982, c. 66, s. 67; 1992, c. 9, s. 2; 1992, c. 67, s. 3.

68. The supplementary benefits plan shall, in respect of a person to whom the second paragraph of section 31 applies, provide for an adjustment to the reduction provided for in the said paragraph in order that the reduction does not exceed

(1)  1/12 of 1% computed for each month in which an early retirement pension is paid between the date of the person’s fifty-fifth birthday and the date of his sixtieth birthday;

(2)  1/6 of 1% computed for each month in which an early retirement pension is paid between the date of the person’s fiftieth birthday and the date of his fifty-fifth birthday;

(3)  1/4 of 1% computed for each month in which an early retirement pension is paid prior to the person’s fiftieth birthday.

1982, c. 66, s. 68; 1992, c. 9, s. 2.

69. The benefits accumulated by a Member under Chapter II and this chapter shall not exceed, on the date on which he ceases to be a Member, the highest indemnity received during all his terms of office.

The benefits payable to the spouse and children of a Member under Chapter II and this chapter shall also be computed so as not to exceed that maximum.

1982, c. 66, s. 69; 1992, c. 9, s. 2; 1992, c. 67, s. 4.

70. The benefits accumulated during the marriage or civil union under the supplementary benefits plan shall form part of the family patrimony established under the Civil Code. In that respect, the Office may render all or some of the rules contained in or prescribed pursuant to Division VI of Chapter II applicable to the supplementary benefits plan. It may also prescribe special provisions for the determination and evaluation of the supplementary benefits so granted.

The supplementary benefits granted in respect of each year prior to 1 January 1992 shall, for the purpose of partitioning the family patrimony, be deemed to have been acquired during each of those years.

1982, c. 66, s. 70; 1992, c. 9, s. 2; 2002, c. 6, s. 130.

71. Every regulation made under this chapter may have effect 12 months or less before its adoption.

1982, c. 66, s. 71; 1992, c. 9, s. 2.

72. At least once every three years, an actuarial valuation of the supplementary benefits plan shall be prepared by actuaries designated by the Office of the National Assembly.

1982, c. 66, s. 72; 1992, c. 9, s. 2.

73. The Office of the National Assembly shall be responsible for the administration of the supplementary benefits plan.

The Office may delegate such administration, in whole or in part, and on the conditions it determines, to Retraite Québec or to any other body it designates.

1992, c. 9, s. 2; 2015, c. 20, s. 61.

CHAPTER IV FINAL PROVISIONS

1992, c. 9, s. 2.

74. The sums required for the carrying out of this Act shall be taken out of the Consolidated Revenue Fund.

1992, c. 9, s. 2; 1996, c. 53, s. 47; 2006, c. 49, s. 73.

75. (Omitted).

1992, c. 9, s. 2.

76. (This section ceased to have effect on 18 December 1987).

1982, c. 66, s. 73; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

77. (Omitted).

1982, c. 66, s. 74.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 66 of the statutes of 1982, in force on 1 January 1983, is repealed, except section 74, effective from the coming into force of chapter C-52.1 of the Revised Statutes.