R-12 - Act respecting the Civil Service Superannuation Plan

Updated to 1 January 2011

This document has official status.

chapter R-12

Act respecting the Civil Service Superannuation Plan

DIVISION I PENSION OF PERMANENT OFFICERS AND EMPLOYEES OF THE INSIDE SERVICE APPOINTED BEFORE 1 APRIL 1942

1. This division shall apply:

(1)  to members of the civil service, as defined by the Public Service Act (chapter F-3.1.1);

(2)  to the Secretary General, as well as to all the permanent officers, clerks and messengers of the National Assembly, to the Clerk of the Crown in Chancery; to the permanent officers of the Library of the Legislature, and to the Law Clerk of the Legislature and his permanent officers and messengers;

(3)  to the inspectors of industrial establishments of the Ministère du Travail, de la Main-d’oeuvre et de la Sécurité du revenu;

(4)  to the engineers and divisional inspectors attached to the Ministère des Transports; and to the land surveyors in the Service des arpentages of the said department.

R. S. 1964, c. 14, s. 1; 1965 (1st sess.), c. 14, s. 81; 1968, c. 9, s. 69; 1968, c. 43, s. 17; 1972, c. 54, s. 32; 1977, c. 5, s. 14; 1978, c. 15, s. 140; 1981, c. 9, s. 34; 1983, c. 55, s. 161.

A.  — Amount of the Pensions

2. A pension is granted to any officer who

(1)  has at least 35 years of service;

(2)  has at least 10 years of service and is at least 60 years of age;

(3)  has at least 10 years of service, if he has become unable to discharge his ordinary duties by reason of physical or mental disability;

(4)  has at least 32 years of service and is at least 55 years of age;

(5)  has reached normal retirement age, namely, 65 years of age.

A pension is also granted to an officer who has at least 22 years of service and has reached 55 years of age or, in the case of a female officer, 50 years of age; in such case, the pension is reduced for its duration by 0.5% a month, computed for each month included between the date on which the pension is granted to the officer and the first date on which it would otherwise have been granted to him under subparagraph 1, 2 or 4 of the first paragraph.

R.S. 1964, c. 14, s. 2; 1969, c. 15, s. 1; 1973, c. 12, s. 145; 1982, c. 51, s. 72; 1983, c. 24, s. 3.

3. An officer is no longer an officer within the meaning of the plan provided for in this division on 31 December of the year in which he attains 69 years of age.

R. S. 1964, c. 14, s. 3; 1965 (1st sess.), c. 15, s. 2; 1968, c. 13, s. 1; 1973, c. 12, s. 146; 1983, c. 24, s. 4; 1987, c. 47, s. 117; 1988, c. 82, s. 96; 1991, c. 77, s. 82; 1997, c. 50, s. 79.

4. For the purposes of computing the pension, years of service are computed in the manner provided in sections 58 to 60.1.

1973, c. 12, s. 147; 1974, c. 10, s. 1; 1983, c. 24, s. 4.

5. The pension of an officer is that determined by sections 63 to 63.6, taking into account, however, that

(1)  the figure “5”, wherever it occurs in section 63.1, is replaced by the figure “3”;

(2)  section 63.4 is read without the reference to a member of the Sûreté du Québec.

1973, c. 12, s. 147; 1983, c. 24, s. 4.

5.1. (Replaced).

1982, c. 51, s. 73; 1983, c. 24, s. 4.

6. (Replaced).

1974, c. 10, s. 2; 1983, c. 24, s. 4.

7. (Replaced).

R. S. 1964, c. 14, s. 4; 1965 (1st sess.), c. 15, s. 3; 1966, c. 6, s. 1; 1968, c. 13, s. 2; 1977, c. 22, s. 1; 1982, c. 51, s. 74; 1983, c. 24, s. 4.

7.1. (Replaced).

1982, c. 51, s. 75; 1983, c. 24, s. 4.

8. Every pension payable under the plan provided for in this division is, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), indexed annually

(1)  for that part attributable to service prior to 1 July 1982, by the rate of increase of the Pension Index determined by the said Act;

(2)  for that part attributable to service subsequent to 30 June 1982, to the extent only that this service is necessary in order to attain the maximum of 35 years of service, by the excess of the rate over 3%.

A deferred annuity is indexed in the same manner. Indexing applies, in that case, only from 1 January following the date on which the annuity is payable.

1969, c. 15, s. 2 (part); 1977, c. 22, s. 3; 1982, c. 33, s. 31; 1982, c. 51, s. 76; 1983, c. 24, s. 5.

8.1. The first indexing of any pension is made proportionately

(1)  to the number of days for which the pension was or would have been paid during the year in which the officer retired, in relation to the total number of days in that year;

(2)  as the case may be, to the number of days for which the pension was or would have been paid during the year of death of the public officer in relation to the total number of days in that year.

1982, c. 33, s. 31; 1982, c. 51, s. 77; 1983, c. 24, s. 6, s. 63.

9. (Repealed).

1973, c. 11, s. 8; 1973, c. 12, s. 148 (part); 1977, c. 22, s. 4; 1982, c. 51, s. 78.

10. In no case may a pension granted after 10 years of credited service, except that granted to a child and that provided for in section 27, be less,

(1)  if the pension became payable before 1 July 1982, than $2,740, indexed annually and at the time prescribed in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the rate of increase in the Pension Index determined by the said Act, less the basic amount of the pension under the said Act even if that pension is not paid;

(2)  if the pension became payable after 1 July 1982, than $2,740, indexed at the time prescribed in the said section 119 and for each year concerned after that date, and until the year in which it became payable, by the rate of increase in the index and, for the following years, indexed as provided in section 8, reduced as in section 5 to the extent that it refers to section 63.3 or, as the case may be, as in section 25 to the extent that it refers to paragraph 1 of section 76, even if no pension under the Act respecting the Québec Pension Plan is paid.

R. S. 1964, c. 14, s. 5; 1965 (1st sess.), c. 15, s. 4; 1966, c. 6, s. 2; 1969, c. 15, s. 3; 1970, c. 8, s. 1; 1973, c. 12, s. 149; 1974, c. 10, s. 3; 1977, c. 22, s. 5; 1982, c. 51, s. 79; 1983, c. 24, s. 7; 1987, c. 107, s. 233.

11. In computing the number of years of service of any officer, the time during which he may have ceased to be a member of the civil service shall not be credited.

Nevertheless, the time during which the service of an officer has been interrupted through active service in the armed forces of Her Majesty or of her allies during a war shall be credited without any contribution, except for the purposes of subparagraph b of section 2.

R. S. 1964, c. 14, s. 7; 1968, c. 13, s. 3; 1969, c. 15, s. 4; 1973, c. 12, s. 150; 1977, c. 22, s. 6; 1983, c. 24, s. 8, s. 63.

12. (Repealed).

R. S. 1964, c. 14, s. 8; 1968, c. 13, s. 4; 1978, c. 15, s. 140; 1983, c. 24, s. 9; 1986, c. 44, s. 98; 1993, c. 41, s. 36.

13. (Replaced).

R. S. 1964, c. 14, s. 9; 1968, c. 9, s. 70; 1983, c. 24, s. 9.

14. (Replaced).

R. S. 1964, c. 14, s. 10; 1968, c. 9, s. 71, s. 90; 1983, c. 24, s. 9.

15. (Repealed).

R. S. 1964, c. 14, s. 11; 1973, c. 12, s. 151; 1982, c. 51, s. 80.

16. (Repealed).

R. S. 1964, c. 14, s. 12; 1973, c. 12, s. 152; 1982, c. 51, s. 80.

17. (Replaced).

R. S. 1964, c. 14, s. 13; 1982, c. 51, s. 81; 1983, c. 24, s. 9.

18. (Repealed).

R. S. 1964, c. 14, s. 16; 1965 (1st sess.), c. 15, s. 7; 1973, c. 12, s. 153; 1974, c. 10, s. 4; 1977, c. 22, s. 7; 1982, c. 33, s. 32; 1982, c. 51, s. 81; 1983, c. 24, s. 10; 1987, c. 47, s. 118; 1988, c. 82, s. 97; 1991, c. 77, s. 83; 1993, c. 41, s. 36.

18.1. (Repealed).

1982, c. 33, s. 32; 1983, c. 24, s. 11; 1987, c. 47, s. 119.

18.2. (Replaced).

1982, c. 33, s. 32; 1983, c. 24, s. 11.

18.3. (Replaced).

1982, c. 33, s. 32; 1983, c. 24, s. 11.

19. The pensionable salary of a public officer is, for pension purposes, the basic salary paid to him in the course of one calendar year, the basic salary to which such officer would have been entitled during a period of absence in respect of which salary insurance applies and, in the case of a female officer, the basic salary to which she would have been entitled if she had not taken maternity leave.

Unless included by government regulation, bonuses, allowances, compensations or other additional remuneration are not included in the basic salary.

1973, c. 12, s. 154; 1977, c. 10, s. 5; 1983, c. 24, s. 12, s. 63; 1985, c. 18, s. 39; 1988, c. 82, s. 98; 1991, c. 77, s. 84.

20. Notwithstanding section 19, any lump sum paid as an increase or adjustment of the pensionable salary for a previous year shall form part of the pensionable salary of the year in which it is paid.

However, where the lump sum is paid in a year during which no service is credited, it shall be included in the pensionable salary of the last year during which service is credited to him prior to payment of the lump sum.

Any part of the lump sum that is attributable to an increase or adjustment of the salary paid to a pensioner for any period during which he is not an officer for the purposes of the plan provided for in this division, even if he holds pensionable employment under that plan, shall be excluded.

1973, c. 12, s. 154; 1977, c. 22, s. 8; 1982, c. 51, s. 82; 1983, c. 24, s. 63; 1987, c. 47, s. 120; 1987, c. 107, s. 234; 1988, c. 82, s. 99; 1990, c. 32, s. 37.

21. The pensionable salary of an officer in any calendar year shall not be less than the basic salary to which he is entitled in that year, determined in accordance with the conditions of employment applicable to him and taking into account the second paragraph of section 19, with the exception of any lump sum paid subsequently as an increase or adjustment of the pensionable salary for that year.

1974, c. 10, s. 6; 1983, c. 24, s. 13; 1988, c. 82, s. 100.

22. The pensionable salary of an officer who simultaneously holds more than one pensionable employment in a year is the aggregate of the salary paid to him for all such employments if the total service credited to him in respect of such employments is equal to one year or less.

If the total service credited to him in respect of the pensionable employments is greater than one year, his pensionable salary shall not be greater than the full salary for the employment he holds for a proportionately greater number of days in the year or, if he holds such employments for proportionately the same number of days, the full salary for the highest paid employment.

1974, c. 10, s. 6; 1983, c. 24, s. 13; 1987, c. 47, s. 121.

22.1. Notwithstanding sections 19 to 22, the pensionable salary of an officer shall not exceed the salary 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 less than one year of service is credited to an officer in a calendar year, his pensionable salary shall not exceed the amount obtained by multiplying the amount referred to in the first paragraph in respect of that year by the service credited for that year.

1991, c. 77, s. 85.

23. (Replaced).

1977, c. 22, s. 9; 1983, c. 24, s. 13.

24. (Replaced).

1977, c. 22, s. 9; 1983, c. 24, s. 13.

A.1.  — 

Repealed, 1993, c. 41, s. 36.

1982, c. 51, s. 83; 1993, c. 41, s. 36.

24.1. (Repealed).

1982, c. 51, s. 83; 1983, c. 24, s. 14, s. 63; 1987, c. 47, s. 122; 1991, c. 77, s. 86; 1993, c. 41, s. 36.

B.  — Payment of Pensions

24.2. (Replaced).

1982, c. 51, s. 84; 1983, c. 24, s. 15.

25. Sections 68 and 74 to 81 apply, with the necessary modifications.

R. S. 1964, c. 14, s. 17; 1969, c. 15, s. 5; 1973, c. 12, s. 155; 1983, c. 24, s. 15; 1993, c. 41, s. 37.

26. If an officer resigns or is dismissed or if his office is abolished before he qualifies for a pension or a deferred annuity, he is entitled to the reimbursement of his contributions.

In case of death, the contributions shall be reimbursed to his spouse or, if he has no spouse, to his successors.

1977, c. 22, s. 10; 1982, c. 51, s. 85; 1983, c. 24, s. 15; 1990, c. 5, s. 37; 1995, c. 46, s. 31.

27. An officer who ceases to participate in the plan provided for in this division after 10 years of service and before becoming entitled to a pension is entitled to only a deferred annuity, unless

(1)  his years and parts of a year of service are transferred to the Teachers Pension Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Certain Teachers;

(2)  he comes under a transferability agreement respecting the plan provided for in this division and entered into under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

R. S. 1964, c. 14, s. 18; 1969, c. 15, s. 6; 1973, c. 12, s. 156; 1977, c. 22, s. 11; 1982, c. 51, s. 86; 1983, c. 24, s. 15; 1987, c. 107, s. 235; 1988, c. 82, s. 101; 1990, c. 32, s. 38.

28. A deferred annuity is payable, as the case may be,

(1)  from 60 years of age;

(2)  from the time an officer is physically or mentally disabled;

(3)  from the time he begins to receive a pension acquired as a Member of the National Assembly.

The officer is deemed to retire on the same day.

If the officer dies before the pension becomes payable, the pensions granted to his spouse and children become payable.

R. S. 1964, c. 14, s. 19; 1965 (1st sess.), c. 15, s. 8; 1969, c. 15, s. 7; 1973, c. 12, s. 157; 1977, c. 22, s. 12; 1982, c. 51, s. 87; 1983, c. 24, s. 15; 1988, c. 82, s. 102.

29. If an officer dies before he is granted a pension, his contributions are reimbursed.

1966, c. 6, s. 3; 1969, c. 15, s. 9; 1973, c. 12, s. 158; 1974, c. 10, s. 7; 1977, c. 22, s. 13; 1982, c. 51, s. 88; 1983, c. 24, s. 15.

30. Where a reimbursement of contributions is made, sections 82.1 and 82.2 apply.

1969, c. 15, s. 9; 1982, c. 51, s. 89; 1983, c. 24, s. 15; 1987, c. 107, s. 236.

31. A pension granted under subparagraph 3 of the first paragraph of section 2 shall cease to be paid on the first day of the month following the date on which the reason for which it was obtained ceases to apply.

However, an officer whose pension ceases to be paid pursuant to the first paragraph and who subsequently holds pensionable employment under the Government and Public Employees Retirement Plan shall participate in that plan notwithstanding section 54 or, as the case may be, in the Pension Plan of Certain Teachers or, if he holds pensionable employment under the Pension Plan of Peace Officers in Correctional Services, he shall participate in the latter plan.

R. S. 1964, c. 14, s. 21; 1966, c. 6, s. 4; 1969, c. 15, s. 10; 1977, c. 22, s. 14; 1983, c. 24, s. 15; 1987, c. 47, s. 123; 1988, c. 82, s. 104; 1990, c. 87, s. 105.

32. (Repealed).

1969, c. 15, s. 11; 1974, c. 10, s. 8; 1983, c. 24, s. 15; 1988, c. 82, s. 105.

33. (Replaced).

R. S. 1964, c. 14, s. 22; 1965 (1st sess.), c. 15, s. 9; 1966, c. 6, s. 5; 1969, c. 15, s. 12; 1974, c. 10, s. 9; 1977, c. 22, s. 15; 1983, c. 24, s. 15.

34. (Replaced).

R. S. 1964, c. 14, s. 23; 1974, c. 10, s. 10; 1983, c. 24, s. 15.

35. (Replaced).

R. S. 1964, c. 14, s. 24; 1965 (1st sess.), c. 15, s. 10; 1966, c. 6, s. 6; 1969, c. 15, s. 13; 1973, c. 12, s. 159; 1977, c. 5, s. 14; 1977, c. 22, s. 16; 1982, c. 66, s. 68; 1983, c. 24, s. 15.

36. (Replaced).

R. S. 1964, c. 14, s. 25; 1969, c. 15, s. 14; 1983, c. 24, s. 15.

37. (Repealed).

R. S. 1964, c. 14, s. 26; 1965 (1st sess.), c. 15, s. 11; 1977, c. 22, s. 17; 1982, c. 51, s. 90.

38. (Repealed).

R. S. 1964, c. 14, s. 27; 1969, c. 15, s. 15; 1982, c. 51, s. 90.

39. (Replaced).

R. S. 1964, c. 14, s. 28; 1965 (1st sess.), c. 15, s. 12; 1969, c. 15, s. 16; 1977, c. 22, s. 18; 1983, c. 24, s. 15.

40. (Replaced).

R. S. 1964, c. 14, s. 29; 1977, c. 5, s. 14; 1982, c. 51, s. 91; 1983, c. 24, s. 15.

41. (Replaced).

R. S. 1964, c. 14, s. 30; 1965 (1st sess.), c. 15, s. 13; 1983, c. 24, s. 15.

C.  — Return to work of a pensioner

1988, c. 82, s. 106.

42. The pension, except a pension granted to the spouse and children, or the deferred pension shall be paid to a pensioner who holds pensionable employment under the Teachers Pension Plan or the Government and Public Employees Retirement Plan, until he attains 65 years of age. However, if the pensioner holds pensionable employment under the Government and Public Employees Retirement Plan, he is, notwithstanding the first paragraph of section 3 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), an employee within the meaning of that plan for any period during which he holds pensionable employment, until he attains 65 years of age.

R. S. 1964, c. 14, s. 31; 1977, c. 5, s. 14; 1982, c. 51, s. 92; 1987, c. 47, s. 124; 1988, c. 82, s. 107.

43. No pension, except that granted to his spouse and children, or deferred annuity may be paid except in accordance with section 43.1 or 43.2, as the case may be, if the pensioner 65 years of age or over holds a position or employment contemplated by the Teachers Pension Plan or by the Government and Public Employees Retirement Plan, unless the rules provided in sections 60 to 70, 72 and 73 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and in section 61 of the Act respecting the Teachers Pension Plan (chapter R-11) apply.

R. S. 1964, c. 14, s. 32; 1982, c. 51, s. 92; 1983, c. 24, s. 16; 1988, c. 82, s. 108.

43.1. A pensioner who is 65 years of age or over and who holds pensionable employment under the Government and Public Employees Retirement Plan is, notwithstanding the first paragraph of section 3 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), an employee within the meaning of that plan for any period during which he holds pensionable employment, and sections 117, 118 and 122 of the said Act apply.

1982, c. 51, s. 92; 1983, c. 24, s. 17; 1987, c. 47, s. 125; 1987, c. 107, s. 237; 1988, c. 82, s. 109.

43.2. If a pensioner who attains 65 years of age continues to hold employment that is pensionable employment under the Teachers Pension Plan and if the rules of section 61 of the Act respecting the Teachers Pension Plan (chapter R-11) do not apply, he is, notwithstanding section 5 of the said Act, an employee within the meaning of that plan for any period during which he holds pensionable employment and the rules provided in sections 117 to 122 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply, with the necessary modifications.

1982, c. 51, s. 92; 1983, c. 24, s. 18; 1987, c. 47, s. 125; 1988, c. 82, s. 110.

43.3. The pension of a person whose years of service have not been transferred to the Teachers Pension Plan or to the Government and Public Employees Retirement Plan, as the case may be, is adjusted in accordance with the plan provided for in this division for the period during which the pension ceased to be paid pursuant to section 43.

1982, c. 51, s. 92; 1983, c. 24, s. 19; 1988, c. 82, s. 111; 1990, c. 32, s. 39.

D.  — Special provisions respecting certain public officers and employees

44. (Repealed).

R. S. 1964, c. 14, s. 33; 1965 (1st sess.), c. 15, s. 14; 1983, c. 24, s. 63; 1993, c. 41, s. 36.

45. (Repealed).

R. S. 1964, c. 14, s. 34; 1983, c. 24, s. 20, s. 63; 1993, c. 41, s. 36.

46. (Repealed).

R. S. 1964, c. 14, s. 35; 1983, c. 24, s. 21; 1993, c. 41, s. 36.

47. (Replaced).

R. S. 1964, c. 14, s. 36; 1983, c. 24, s. 21.

48. (Repealed).

R. S. 1964, c. 14, s. 37; 1982, c. 51, s. 93.

49. This Division shall not apply to the officers contemplated in section 1 unless they have been appointed prior to 1 April 1942.

R. S. 1964, c. 14, s. 40; 1983, c. 24, s. 63.

DIVISION II PENSION OF OTHER PERMANENT OFFICERS AND EMPLOYEES

50. In this Division the word “officer” means every person to whom this Division applies.

R. S. 1964, c. 14, s. 41.

51. For pension purposes, the pensionable salary of an officer is the basic salary paid to him in the course of one calendar year, the basic salary to which he would have been entitled during a period of absence in respect of which salary insurance applies and, in the case of a female officer, the basic salary to which she would have been entitled if she had not taken maternity leave.

In the case of a paternity or adoption leave, the pensionable salary is the basic salary the officer would have been entitled to receive for the period during which the officer receives benefits, or would receive benefits if the officer had applied for them, under the Québec parental insurance plan established under the Act respecting parental insurance (chapter A-29.011) or the employment insurance plan established under the Employment Insurance Act (S.C. 1996, c. 23).

Unless included by government regulation, bonuses, allowances, compensations or other additional remuneration are not included in the basic salary.

R. S. 1964, c. 14, s. 42; 1973, c. 12, s. 160; 1974, c. 10, s. 11; 1983, c. 24, s. 22, s. 63; 1985, c. 18, s. 40; 1988, c. 82, s. 112; 1991, c. 77, s. 87; 2006, c. 55, s. 42; 2010, c. 29, s. 32.

52. Notwithstanding section 51, any lump sum paid as an increase or adjustment of the pensionable salary of a previous year shall form part of the pensionable salary for the year in which it is paid.

However, where the lump sum is paid in a year during which no service is credited, it shall be included in the pensionable salary of the last year during which service is credited to him prior to payment of the lump sum.

A lump sum paid to a pensioner is included in the pensionable salary only if it is paid as an increase or adjustment of the salary for a prior period of participation in the plan.

1973, c. 12, s. 160; 1977, c. 22, s. 19; 1982, c. 51, s. 94; 1983, c. 24, s. 23, s. 63; 1987, c. 47, s. 126; 1987, c. 107, s. 238; 1988, c. 82, s. 113; 1990, c. 32, s. 40; 2007, c. 43, s. 112.

53. The plan provided for under this division does not apply to an officer who

(1)  is excluded by reason of his class or conditions of employment or his remuneration or mode of remuneration as determined by regulation;

(2)  is a member of a retirement plan provided for in the Courts of Justice Act (chapter T-16);

(3)  is a member of the Sûreté du Québec;

(4)  is a Member of the National Assembly;

(5)  is an employee who is a member of the Pension Plan of Peace Officers in Correctional Services;

(6)  belongs to a class of employees designated under the first paragraph of section 23 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), except where he makes the election provided for in the third paragraph of that section.

R. S. 1964, c. 14, s. 44; 1965 (1st sess.), c. 15, s. 15; 1966, c. 6, s. 7; 1971, c. 17, s. 1; 1977, c. 5, s. 14; 1977, c. 22, s. 20; 1983, c. 24, s. 24; 1987, c. 47, s. 127; 1987, c. 107, s. 239; 1990, c. 87, s. 105; 1991, c. 77, s. 88; 2001, c. 31, s. 379.

53.1. An officer is no longer an officer within the meaning of the plan provided for in this division on 31 December of the year in which he attains 69 years of age.

1982, c. 51, s. 95; 1983, c. 24, s. 63; 1987, c. 47, s. 128; 1988, c. 82, s. 114; 1991, c. 77, s. 89; 1997, c. 50, s. 80.

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978. It also applies where the person is released without pay by his employer for union activities and employed by a body designated in Schedule II.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) if the officer belongs to the class of officers mentioned in that schedule in respect of that body.

However, an officer who, within 180 days of ceasing to be a person to whom one of the plans provided for in this Act applies, holds pensionable employment under the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan, but not employment listed in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11), is a member of the plan provided for in this division. A teacher who, within 180 days of ceasing to be a person to whom the Teachers Pension Plan applies, holds pensionable employment under Schedule I or II to this Act, is a member of the plan provided for in this division.

An officer who ceases to be a member of the plan provided for in this division and who, within 180 days of the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) but is not entitled to re-assignment to a position where the plan provided for in this division, the Teachers Pension Plan, the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan would apply to him, is a member of the plan provided for in this division if he applies therefor and if the Government adopts an order to that effect. The order has effect on the date on which the officer becomes such a member of staff.

An officer who, during a period of absence without pay, holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel is a member of the plan provided for by this division in respect of that employment.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who during a period of absence without pay holds pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115; 1990, c. 32, s. 41; 1990, c. 87, s. 90; 1995, c. 46, s. 26; 1997, c. 50, s. 81; 2001, c. 31, s. 380; 2002, c. 30, s. 92.

54.1. Except in the case of a pensioner under the plan provided for in this division or under the Teachers Pension Plan, an officer or a teacher, as the case may be, who has ceased to be an employee within the meaning of the plan because he has become a Member of the National Assembly may elect to become a member of the plan provided for in this division if, within 180 days of the date on which he ceased to be a Member of the National Assembly, such an officer holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel, except employment contemplated in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11) or if, within the same period, such a teacher holds pensionable employment under the plan provided for in this division.

The Commission must receive a notice to this effect not later than 60 days after the expiry of the period referred to in the first paragraph, and the plan provided for in this division shall apply to every person who made such an election from the date on which that person held such employment.

1992, c. 16, s. 15; 2001, c. 31, s. 381.

55. Every person referred to in sections 54 and 54.1 is considered to be an officer for the purposes of this division.

For the purposes of this Act, an officer within the meaning of this Act is deemed to hold pensionable employment when he holds full-time or part-time employment, which includes, among other periods, any period during which he is absent without pay, is entitled to salary insurance benefits and, in the case of a female officer, is on maternity leave.

For the purposes of this Act, salary insurance means the salary insurance that is mandatory for the officer, but does not include the salary insurance referred to in section 69.0.1.

R. S. 1964, c. 14, s. 45 (part); 1965 (1st sess.), c. 14, s. 81; 1965 (1st sess.), c. 15, s. 16; 1966, c. 6, s. 8; 1966-67, c. 22, s. 27; 1968, c. 17, s. 83; 1968, c. 13, s. 5; 1968, c. 11, s. 39; 1968, c. 18, s. 4; 1968, c. 12, s. 3; 1968, c. 9, s. 72; 1968, c. 60, s. 31; 1969, c. 15, s. 17; 1969, c. 17, s. 34; 1969, c. 48, s. 40; 1969, c. 62, s. 30; 1969, c. 28, s. 78; 1970, c. 8, s. 2; 1970, c. 43, s. 21; 1970, c. 17, s. 87, s. 102; 1971, c. 77, s. 26; 1971, c. 19, s. 199; 1971, c. 20, s. 65; 1971, c. 17, s. 2; 1972, c. 55, s. 175; 1972, c. 14, s. 96; 1972, c. 53, s. 66; 1972, c. 58, s. 11; 1972, c. 49, s. 133; 1973, c. 21, s. 28; 1973, c. 67, s. 28; 1973, c. 43, s. 265; 1973, c. 12, s. 162; 1974, c. 65, s. 109; 1977, c. 5, s. 14; 1977, c. 22, s. 22; 1978, c. 41, s. 28; 1978, c. 57, s. 92; 1978, c. 38, s. 28; 1978, c. 15, s. 140; 1979, c. 11, s. 2; 1979, c. 49, s. 13; 1979, c. 63, s. 312; 1979, c. 45, s. 150; 1979, c. 71, s. 164; 1979, c. 73, s. 22; 1979, c. 73, s. 3; 1982, c. 63, s. 233; 1982, c. 51, s. 96; 1982, c. 52, s. 220; 1983, c. 24, s. 63; 1983, c. 23, s. 113; 1983, c. 37, s. 192; 1983, c. 42, s. 38; 1983, c. 40, s. 84; 1983, c. 52, s. 52; 1983, c. 54, s. 68; 1983, c. 55, s. 150; 1984, c. 27, s. 88; 1984, c. 47, s. 142; 1985, c. 18, s. 42; 1987, c. 47, s. 130; 1988, c. 82, s. 116; 1992, c. 16, s. 16; 1995, c. 70, s. 51; 2002, c. 30, s. 93.

55.1. For the purposes of this Act, an officer shall participate in a pension plan from the first day he holds pensionable employment.

An officer shall participate in a plan as long as he remains an officer within the meaning of the plan. However, for the purposes of eligibility for and computation of benefits under this plan, where an officer ceases to be an officer within the meaning of this plan for any period during which he is not in service in pensionable employment and is not entitled to a pension by reason of total and permanent disability under subparagraph 3 of the first paragraph of section 56, he is deemed to have ceased to participate,

(1)  if he is not entitled to a pension, on his last day of service in pensionable employment or, as the case may be, on the date the Commission received an application for redemption whereby years and parts of a year of service have been credited or transferred to the plan if such date is subsequent to the last day referred to above;

(2)  if he is entitled to a pension, on the first day he became entitled to the pension, from the day or date that would have been considered if paragraph 1 had applied.

1988, c. 82, s. 117; 2000, c. 32, s. 65.

56. An officer who ceases to participate in the plan is entitled to a pension if he

(1)  has at least 35 years of service;

(2)  has 10 or more years of service and has reached 62 years of age or, in the case of a female officer, 60 years of age or over;

(3)  is totally and permanently disabled within the meaning of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(4)  has attained normal retirement age, namely, 65 years of age;

(5)  has at least 32 years of service and has reached 55 years of age;

(6)  has attained 60 years of age;

(7)  by adding his age to the number of his years of service, obtains a total of 90 or more.

In the cases mentioned in subparagraphs 6 and 7 of the first paragraph, the pension of the officer is reduced for its duration by 0.5% per month, computed for each month included between the date on which the pension is granted to the officer and,

(1)  in the case described in subparagraph 6 of the first paragraph, the nearest date on which it would otherwise have been granted to him, at the time he ceased to participate in the plan, under subparagraph 2, 4 or 7 of the first paragraph;

(2)  in the case described in subparagraph 7 of the first paragraph, the date of his sixtieth birthday.

A pension is also granted to an officer who has at least 22 years of service and has reached 55 years of age or, in the case of a female officer, 50 years of age; in such a case, the pension is reduced for its duration by 0.5% a month, computed for each month included between the date on which the pension is granted to the officer and the first date on which it would otherwise have been granted to him without actuarial reduction, at the time he ceased to participate in the plan, under subparagraph 1, 2, 4, 5 or 7 of the first paragraph.

The pension to which the officer is entitled is granted to him on the date on which he retires within the meaning of section 68.

R. S. 1964, c. 14, s. 46; 1965 (1st sess.), c. 15, s. 17; 1969, c. 15, s. 18; 1973, c. 12, s. 163; 1977, c. 22, s. 23; 1982, c. 51, s. 97; 1983, c. 24, s. 26; 1987, c. 47, s. 131; 1989, c. 76, s. 6; 1990, c. 87, s. 91; 1997, c. 50, s. 82; 2000, c. 32, s. 66.

57. (Repealed).

1973, c. 12, s. 164 (part); 1977, c. 22, s. 24; 1982, c. 51, s. 98.

58. One year of service or part of a year of service is credited, for each calendar year, to an officer for service accomplished if his contributions have been paid and not reimbursed and for service otherwise credited to him under the provisions of the plan. The same applies to an officer who has at least 35 years of credited service, without his having to pay contributions.

Service is credited according to the number of days and parts of a day for which the officer contributed or was exempt and the days or parts of days otherwise credited to him out of the number of contributory days in a year, that is, 260 or, as the case may be, 200, according to the basis of remuneration. The days and parts of a day are rounded to the fourth decimal.

1973, c. 12, s. 164; 1974, c. 10, s. 13; 1983, c. 24, s. 27; 1991, c. 77, s. 90; 1997, c. 50, s. 83; 2007, c. 43, s. 113.

59. If an officer simultaneously holds more than one pensionable employment, the service he accomplishes is credited up to one year of service.

However, no officer may, in the year of his retirement or in the year in which he becomes entitled to a deferred pension, be credited with more service than the number of contributory days comprised between 1 January and the date he ceased to participate in the plan.

1973, c. 12, s. 164; 1983, c. 24, s. 27; 1987, c. 47, s. 132; 1988, c. 82, s. 119.

60. The days and parts of a day of a period during which an officer receives salary insurance benefits, or during which he would receive such benefits were it not for the waiting period prescribed by the salary insurance plan or were he not receiving a disability benefit under the Act respecting the Québec Pension Plan (chapter R-9) or an income replacement indemnity under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Automobile Insurance Act (chapter A-25), the Act to promote good citizenship (chapter C-20), the Crime Victims Compensation Act (chapter I-6) or under any other Act, other than an Act of Québec, having the same effect, shall be credited, without contributions, up to three years of service.

However, the limit of three years of service prescribed in the first paragraph shall not apply in the case of a compulsory salary insurance plan in force on 31 December 1989 which, on that date, provides, in favour of certain groups of officers covered by this plan, benefits payable up to the age of 65 years or up to the age of retirement providing the officer belongs to one of those groups and the group’s participation in the salary insurance plan is maintained.

Notwithstanding the foregoing, if the salary insurance plan so provides, the insurer shall pay the contributions which would have been paid by the officer, and they shall be credited to the account of the officer.

The days and parts of a day during which a female officer receives the income replacement indemnity provided for in section 36 of the Act respecting occupational health and safety (chapter S-2.1) by reason of the exercise of a right granted under sections 40, 41 and 46 of the said Act, are credited with exemption from contributions.

1974, c. 10, s. 14; 1983, c. 24, s. 27; 1987, c. 47, s. 133; 1989, c. 76, s. 7; 1992, c. 16, s. 17; 2000, c. 32, s. 67.

60.0.1. A person referred to in the first paragraph of section 60 who, under the salary insurance plan provided for in the person’s conditions of employment, is entitled only to salary insurance benefits for a maximum period of two years of service, shall continue to participate in the plan, even if the person’s employer has terminated the person’s employment, during the year following the last day of that two-year period if on that day the person is disabled within the meaning of the person’s salary insurance plan.

During that year, the service credited to that person, without contributions, is the service that would have been credited if the person had held employment and the person’s pensionable salary is the salary the person would have received.

However, the service credited to a person who dies, resigns or retires during the year following the two-year period provided for in the first paragraph shall be reduced by the period between the date of the event and the end of that year. The service credited under this section to a person who again holds pensionable employment shall be reduced by the period between the person’s first day of service in pensionable employment and the end of that year.

2000, c. 32, s. 68.

60.1. Any day or part of a day of absence which is entirely compensated for out of accumulated sick leave is not credited to an officer unless his contributions are paid. This rule applies even in the cases provided for in sections 60, 67 and 112.2. Such days and parts of a day of absence are also credited to an officer who has at least 35 years of credited service, without his having to pay contributions.

1983, c. 24, s. 27; 1988, c. 82, s. 120; 1991, c. 77, s. 91.

60.2. The pensionable salary of an officer who is released with pay for union activities is the salary paid to him by his employer and the salary, if any, paid to him by a body designated in Schedule II.1 of the Act respecting the Government and Public Employees Retirement plan (chapter R-10).

The first paragraph applies from the date on which the designation of the body in the said Schedule II.1 takes effect and the body pays its contributory amount as an employer and deducts the contributions from the pensionable salary it pays to such an officer.

1986, c. 44, s. 99; 1987, c. 47, s. 134; 1995, c. 46, s. 27.

60.3. The pensionable salary of an officer who is released without pay for union activities is the salary paid to the officer by a body designated in Schedule II.1 to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The body concerned must withhold the contributions from the pensionable salary it pays to such an officer and pay its employer’s contributory amount only on the part of the pensionable salary that exceeds the pensionable salary the employer would have paid if the officer had not been released without pay. The employer referred to in section 31 of the Act respecting the Government and Public Employees Retirement Plan must pay the contributory amount that would have been paid if the officer had not been released without pay.

2004, c. 39, s. 197.

61. The pensionable salary of an officer in any calendar year shall not be less than the basic salary to which he is entitled in that year, determined in accordance with the conditions of employment applicable to him and taking into account the third paragraph of section 51, with the exception of any lump sum paid subsequently as an increase or adjustment of the pensionable salary for that year.

1977, c. 22, s. 25; 1983, c. 24, s. 63; 1988, c. 82, s. 121; 2007, c. 43, s. 114.

61.1. The pensionable salary of an officer for the years of service credited after the redemption of a period of absence without pay pursuant to section 66.1 or 66.1.0.1 is the salary that the officer would have received if he or she had not been absent.

The Government shall determine by regulation the circumstances in which another salary may be established. The Government shall also determine the terms and conditions relating to the application of such salary.

2002, c. 30, s. 94.

62. The pensionable salary of an officer who simultaneously holds more than one pensionable employment in a year is the aggregate of the salary paid to him for all such employments if the total service credited to him in respect of such employments is equal to one year or less.

If the total service credited in respect of the pensionable employments of the officer is reduced by the application of section 59, the pensionable salary of the officer shall not exceed the total of the following amounts:

(1)  the salary attached to the employment held for a proportionately greater number of days in the year or, if such employments were held for proportionately the same number of days, the salary attached to the highest paid employment; and

(2)  the amount by which the officer’s pensionable salary attached to the employment to which subparagraph 1 applies exceeds the annual basic salary paid to him in respect of that employment or that would have been paid to him pursuant to the conditions of employment applicable on the last credited day of the year, multiplied by the service credited to that officer in the course of the year in respect of that employment.

For the purposes of subparagraph 1 of the second paragraph, the salary attached to an employment is the salary defined in section 51, computed on a yearly basis and multiplied by the total service credited.

For the purposes of the third paragraph of section 62.7, the officer is deemed to have held only one employment during the year and his annual basic salary shall be the salary attached to the employment to which subparagraph 1 of the second paragraph applies.

1977, c. 22, s. 25; 1983, c. 24, s. 28; 1987, c. 47, s. 135; 1988, c. 82, s. 122; 1991, c. 77, s. 92; 1995, c. 46, s. 28; 2008, c. 25, s. 69.

62.1. Notwithstanding sections 51, 52 and 60.2 to 62, the pensionable salary of an officer for one year of service shall not exceed the salary 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).

For the purposes of the first paragraph, the pensionable salary of an officer who, for his service in a calendar year, is credited with less than one year of service is, subject to the fourth paragraph, equal to the amount obtained by carrying out, in order, the following operations:

(1)  dividing the salary referred to in sections 51, 52 and 60.2 to 62, reduced by the amount established in accordance with the third paragraph of section 62.7, by the service credited; and

(2)  adding to the result of that operation the amount established in accordance with the third paragraph of section 62.7.

For the purposes of the second paragraph, the pensionable salary referred to in the third paragraph of section 62.7 does not take account of the limit provided for in the first paragraph.

For the purposes of the second paragraph, the pensionable salary must not exceed the amount obtained by multiplying the limit referred to in the first paragraph by the service credited to the officer during the year.

1991, c. 77, s. 93; 1992, c. 67, s. 72; 2004, c. 39, s. 198; 2008, c. 25, s. 70.

62.2. For the purposes of this Act, “pensionable salary” refers to the pensionable salary determined under this division. However, section 62.1 is excluded from this reference in respect of the years prior to 1 January 1992.

2004, c. 39, s. 199.

62.3. In respect of an officer who ceases to participate in the plan before 1 January 2010, sections 62, 62.1, 63 to 63.7, 65 and 108.5 and, if the officer dies before 1 January 2010, sections 76 and 78 apply as they read on the date on which the officer ceases to participate in the plan.

2008, c. 25, s. 71.

62.4. The annual amount of the pension of an officer who ceases to participate in the plan after 31 December 2009 is equal, on the date on which the officer ceases to participate in the plan, to the total of the following amounts:

(1)  the amount obtained by multiplying the average pensionable salary established under section 62.5, on the basis of annualized pensionable salaries that do not take into account the limit imposed by the first paragraph of sections 22.1 and 62.1, by 2% per year of service credited before 1 January 1992; and

(2)  the amount obtained by multiplying the average pensionable salary established under section 62.5, on the basis of annualized pensionable salaries that take into account the limit imposed by the first paragraph of section 62.1, by 2% per year of service credited after 31 December 1991.

For the purposes of the first paragraph, the officer’s years of credited service taken into account must not exceed 35.

2008, c. 25, s. 71.

62.5. The average pensionable salaries referred to in subparagraphs 1 and 2 of the first paragraph of section 62.4 are obtained by performing, in order, the following operations:

(1)  selecting, from among the highest annualized pensionable salaries established under sections 62.6 and 62.11, as many as are necessary to make the aggregate of the contributory periods corresponding to the years for which the salaries are selected equal to 5 or, if the aggregate is less than 5, selecting all the salaries;

(2)  multiplying each salary so selected for each year by the corresponding contributory period; and

(3)  dividing the sum of the salaries resulting from the multiplication by the sum of the corresponding contributory periods.

2008, c. 25, s. 71.

62.6. For the purposes of section 62.5, the annualization of salaries for the years of service prior to 2010 are obtained,

(1)  when computing the average pensionable salary referred to in subparagraph 1 of the first paragraph of section 62.4, by dividing the pensionable salary for such a year by the service credited, except service credited under section 67.1; and

(2)  when computing the average pensionable salary referred to in subparagraph 2 of the first paragraph of section 62.4, by dividing the pensionable salary for such a year by the service credited, except service credited under section 67.1. The limit imposed by the first paragraph of section 62.1 applies to the result obtained for each year.

The pensionable salary for each year, referred to in subparagraphs 1 and 2 of the first paragraph, is the pensionable salary established under sections 51, 52 and 60.2 to 62.

However, if a lump sum included in the pensionable salary established under the second paragraph is paid in 2007 or a subsequent year as an increase in or adjustment to the salary for a previous year, it must be subtracted from the pensionable salary for the year during which it is paid. In addition, a lump sum attributed to a given year under section 62.24 must be added to the pensionable salary for that year.

For the purposes of the first paragraph, all the years and parts of a year of service credited must be counted, but service credited under sections 67, 99.5 and 112.2 may not be counted in respect of service credited before 1 January 1992.

2008, c. 25, s. 71.

62.7. For the purposes of the first paragraph of section 62.6, the aggregate of any lump sum paid as an increase in or adjustment to the pensionable salary for a previous year and any amount paid during the year in which the officer ceases to participate in the plan and pertaining to pensionable salary for the days and parts of a day credited to the officer for the last days of the previous year is excluded from the pensionable salary established under the second and third paragraphs of section 62.6

The amount referred to in the first paragraph is to be added to the results obtained under the first paragraph of section 62.6. However, for the purposes of subparagraph 2 of the first paragraph of that section, the amount is added before the application of the limit imposed by the first paragraph of section 62.1.

For the years and parts of a year of service credited after 31 December 1989, the amount referred to in the first paragraph is either the amount by which the pensionable salary of the officer established under the second and third paragraphs of section 62.6 exceeds the annual basic salary paid to the officer or that would have been paid to the officer under the conditions of employment applicable on the last credited day of the year, multiplied by the service credited to the officer during the year, or, if the officer simultaneously holds more than one pensionable employment under the plan during a year, the amount by which the officer’s pensionable salary exceeds the total annual basic salary for each employment multiplied by the credited service attached to each employment.

The service credited under section 67.1 and, for 1990 and 1991, the service credited under section 67 must not be counted for the purposes of the third paragraph.

2008, c. 25, s. 71; 2009, c. 56, s. 14.

62.8. For the purposes of paragraph 2 of section 62.5, an annualized pensionable salary for the years prior to 2010 resulting from the application of subparagraph 1 of the first paragraph of section 62.6 and selected under paragraph 1 of section 62.5 must be reduced by the amount that was added to it under section 62.7. That amount must then be added to the result of the multiplication referred to in paragraph 2 of section 62.5.

For the purposes of paragraph 2 of section 62.5, an annualized pensionable salary for the years prior to 2010 resulting from the application of subparagraph 2 of the first paragraph of section 62.6 and selected under paragraph 1 of section 62.5 must be reduced, if applicable, by the amount that was added under section 62.7 after applying the limit imposed by the first paragraph of section 62.1. That amount must then be added to the result of the multiplication referred to in paragraph 2 of section 62.5.

2008, c. 25, s. 71.

62.9. For the purposes of sections 62.5, 63.3 and the sections that refer to section 63.3, a contributory period is, for each year prior to 2010, the number of contributory days in the period during which the officer participated in the plan in a year or in the period during which days and parts of a day were otherwise credited to the officer with contributions, except the days and parts of a day determined by regulation, over the number of contributory days in the year concerned, that is, 200 or 260 depending on the basis of remuneration for the employment. The contributory period of a new officer for the year during which the officer becomes a member of the plan begins on the first day in respect of which the officer contributed or was exempt from contributions and the last period ends on the last day credited in the year during which the officer ceases to participate in the plan.

2008, c. 25, s. 71.

62.10. For the purpose of determining the average pensionable salary of an officer who ceases to participate in the plan after 31 December 2009, the pensionable salary, the basic salary and the contributory periods for the years prior to 2010 must be determined according to the years and parts of a year of service credited to the officer under the Teachers Pension Plan or the Pension Plan of Peace Officers in Correctional Services and the basis of remuneration for the employment concerned for each of those years, that is, 200 or 260 days. The same rule applies for the purposes of section 63.3 and the sections that refer to section 63.3.

However, the pensionable salary and the contributory periods for the years and parts of a year of service credited under this plan on an actuarially equivalent basis are excluded from the average pensionable salary, as are the contributory periods for any previous years and parts of a year.

2008, c. 25, s. 71.

62.11. For the purposes of section 62.5, the annualization of salaries for the years of service subsequent to 2009 are obtained,

(1)  when computing the average pensionable salary referred to in subparagraph 1 of the first paragraph of section 62.4, by dividing the aggregate of the adjusted pensionable salary for such a year and the lump sum attributed to that year under section 62.24 by the harmonized service for the year; and

(2)  when computing the average pensionable salary referred to in subparagraph 2 of the first paragraph of section 62.4, by dividing the aggregate of the adjusted pensionable salary for such a year and the lump sum attributed to that year under section 62.24 by the harmonized service for the year. The limit imposed by the first paragraph of section 62.1 applies to the result obtained for each year.

2008, c. 25, s. 71.

62.12. The adjusted pensionable salary for a year, used to compute the annualized pensionable salary of an officer who holds pensionable employment under the plan for which the basis of remuneration is 260 days, is the pensionable salary established under sections 51, 52 and 60.2 to 61.1, multiplied by the daily factor applicable to that salary for the class of officers to which the officer belongs and divided by the number of contributory days included in the pensionable salary reference period for the year determined under section 62.18.

However, if a lump sum included in the pensionable salary is paid during the year as an increase in or adjustment to the pensionable salary for a previous year, it must be subtracted from the pensionable salary for the year during which it is paid.

The daily factor referred to in the first paragraph makes it possible to convert the annual basic salary into a daily salary, on the basis of the conditions of employment applicable to the officer. The Government may, by regulation, establish the daily factor, which may vary with the class of officers and the terms of payment of the officers’ salary.

2008, c. 25, s. 71.

62.13. For the purpose of computing the pension with respect to the years subsequent to 2009, when the pensionable salary of an officer who holds pensionable employment for which the basis of remuneration is 260 days and who ceases to participate in the plan at the end of a year is attached to service credited for the last days of participation during that year but is paid at the beginning of the following year, it is deemed to be pensionable salary for the year in which it is paid even if no service is credited for that year. An adjusted pensionable salary is also computed for the officer for that year.

2008, c. 25, s. 71.

62.14. For the purpose of computing annualized pensionable salary and establishing the contributory periods with respect to the years subsequent to 2009 for officers who hold an employment for which the basis of remuneration is 200 days, sections 35.1.9, 35.1.14, the second and third paragraphs of section 35.1.17 of the Act respecting the Teachers Pension Plan (chapter R-11) and the second paragraph of section 36.1.9 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply with the necessary modifications.

2008, c. 25, s. 71.

62.15. In the case of officers who, during a year subsequent to 2009, hold pensionable employment for which the basis of remuneration is 260 days, the pensionable salary paid by a body designated in Schedule II.1 to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) to an officer released with pay for union activities during a year, or the portion of the pensionable salary paid by such a body to an officer released without pay that exceeds the pensionable salary the employer would have paid if the officer had not been so released, must be subtracted, for the purpose of computing the adjusted pensionable salary for the year, from the pensionable salary established under sections 51, 52 and 60.2 to 61.1. The pensionable salary or that portion of pensionable salary paid to the officer by the body is deemed to be, for the purpose of computing the annualized pensionable salary for the year, a lump sum attributed to the year under section 62.24.

2008, c. 25, s. 71.

62.16. The adjusted pensionable salary of an officer to whom section 62.17 does not apply and who simultaneously holds more than one pensionable employment under the plan in a year subsequent to 2009 is the aggregate of the adjusted pensionable salaries computed under sections 62.12 to 62.15 for each employment if the total service credited in respect of such employments is less than or equal to one year.

If the total service credited in respect of the pensionable employments held by the officer is reduced under section 59, the adjusted pensionable salary is equal to the total of the adjusted pensionable salaries for the employments the officer holds but may not exceed the adjusted pensionable salary attached to the employment held for a proportionately greater number of days in the year or, if such employments were held for proportionately the same number of days, the adjusted pensionable salary attached to the employment with the highest annual basic salary. The adjusted pensionable salary for that employment is multiplied by the harmonized service for the employments, established under the second paragraph of section 62.19, over the officer’s harmonized service in respect of the employment selected, computed under section 62.14 or 62.18.

2008, c. 25, s. 71.

62.17. An officer who simultaneously holds more than one pensionable employment under the plan with the same employer is deemed to hold only one employment for the purpose of computing the adjusted pensionable salary if the basis of remuneration for the employments is the same for a year subsequent to 2009 and the pensionable salary reference periods or school calendars relating to those employments are identical.

2008, c. 25, s. 71.

62.18. Harmonized service is computed for an officer who holds pensionable employment for which the basis of remuneration is 260 days in order to reconcile the pensionable salary for a calendar year subsequent to 2009 with the number of days and parts of a day credited to the officer for that year and for the last days of the previous year or the first days of the following year, as the case may be.

Harmonized service is established by dividing the number of days and parts of a day for which the officer contributed or was exempt from contributions and the number of days and parts of a day otherwise credited to the officer, included in the pensionable salary reference period for the year and related to the officer’s pensionable salary for that year, by the number of contributory days included in that reference period for the class of officers to which the officer belongs. The days and parts of a day are rounded to the fourth decimal.

The pensionable salary reference period for a year, for officers in the same class, begins on the date of the first day covered by the first pay of the year and ends on the date of the last day covered by the last pay of that year.

Harmonized service is also computed for an officer referred to in section 62.13 for the pensionable salary for the year for which no service is credited.

2008, c. 25, s. 71.

62.19. For the purpose of computing the pension with respect to the years subsequent to 2009, the harmonized service of an officer to whom section 62.20 does not apply and who simultaneously holds more than one pensionable employment under the plan in a year is the aggregate of the harmonized service established for each employment under section 62.14 or 62.18, if the total service credited in respect of such employments is less than or equal to one year.

If the total service credited in respect of the pensionable employments held by the officer is reduced under section 59, the harmonized service is the harmonized service that would have been computed under section 62.14 or 62.18 if the officer had held the employment selected under the second paragraph of section 62.16 full time during the period in which the officer participated in the plan.

2008, c. 25, s. 71.

62.20. An officer who simultaneously holds more than one pensionable employment under the plan with the same employer is deemed to hold only one pensionable employment for the purpose of computing harmonized service if, for a year subsequent to 2009, the basis of remuneration for the employments is the same and the pensionable salary reference periods or school calendars relating to those employments are identical.

2008, c. 25, s. 71.

62.21. For the purposes of sections 62.6, 63.3 and the sections that refer to section 63.3, the contributory period of an officer who, during a year subsequent to 2009, holds pensionable employment under the plan for which the basis of remuneration is 260 days is determined by dividing by 260 the number of contributory days comprised in the period during which the officer participated in the plan or comprised in the period during which days and parts of a day were otherwise credited to the officer with contributions for that year under the plan, except the days and parts of a day determined by regulation, during the pensionable salary reference period for the year established in accordance with section 62.18.

The contributory period of a new officer for the year during which the officer becomes a member of the plan begins on the first day in respect of which the officer contributed or was exempt from contributions and the last period ends on the last day credited in the year during which the officer ceases to participate in the plan.

In the case of an officer to whom section 62.13 applies and who holds pensionable employment for which the basis of remuneration is 260 days, a contributory period that corresponds to the pensionable salary for the year for which no service is credited is also determined by dividing by 260 the number of contributory days referred to in the first paragraph that correspond to that salary.

2008, c. 25, s. 71.

62.22. The Government may, by regulation, determine the method of establishing the contributory period of an officer who ceases to participate in the plan after 31 December 2009 if the officer simultaneously holds more than one pensionable employment in a year subsequent to 2009.

2008, c. 25, s. 71.

62.23. For the purpose of determining the average pensionable salary, when the years and parts of a year of service subsequent to 2009 credited to an officer under the Pension Plan of Peace Officers in Correctional Services or the Teachers Pension Plan are credited under this plan, the basic salary, the pensionable salary and the credited service established under that plan and the data related to the officer’s participation in that plan and reported by the employer under section 188 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) for each credited year or part of a year apply to this plan in order to establish the annualized pensionable salary and the contributory periods for those years and parts of a year credited under this plan.

For the purposes of sections 62.4 to 62.22 and 62.24, the sections to which they refer, and section 55.1 when that section is required for their application, the pensionable employment under the Pension Plan of Peace Officers in Correctional Services or the Teachers Pension Plan for which service was credited under this plan is deemed to be pensionable employment under this plan.

Despite the first paragraph, the annualized pensionable salary and the contributory periods for the years and parts of a year of service credited under this plan on an actuarially equivalent basis are excluded from the computation of the average pensionable salary, as are the contributory periods for any previous years and parts of a year.

2008, c. 25, s. 71.

62.24. A lump sum paid as an increase in or adjustment to the pensionable salary for a previous year and included in the pensionable salary established under sections 51, 52 and 60.2 to 62 for the year during which the lump sum is paid must be distributed among the years for which the lump sum is paid if it is paid after 31 December 2006.

If the pensionable salary is reduced under the second paragraph of section 59, the part of the lump sum included in the pensionable salary is distributed for each year concerned in the proportion obtained by dividing the part of the lump sum referred to in section 52 and attributed to a given year by the lump sum referred to in that section.

2008, c. 25, s. 71.

63. (Repealed).

R. S. 1964, c. 14, s. 47; 1965 (1st sess.), c. 15, s. 18; 1966, c. 6, s. 9; 1968, c. 13, s. 6; 1969, c. 15, s. 19; 1971, c. 17, s. 3; 1973, c. 12, s. 165; 1977, c. 5, s. 14; 1977, c. 22, s. 26; 1982, c. 51, s. 99; 1983, c. 24, s. 28; 1991, c. 77, s. 94; 1997, c. 50, s. 84; 2008, c. 25, s. 72.

63.1. (Repealed).

1982, c. 51, s. 100; 1983, c. 24, s. 28; 1987, c. 47, s. 136; 1988, c. 82, s. 123; 1991, c. 77, s. 95; 2008, c. 25, s. 72.

63.1.0.1. (Repealed).

1992, c. 67, s. 73; 2004, c. 39, s. 200; 2008, c. 25, s. 72.

63.1.1. (Repealed).

1987, c. 47, s. 137; 1988, c. 82, s. 124; 1991, c. 77, s. 96; 1992, c. 67, s. 74.

63.1.2. (Repealed).

1987, c. 107, s. 241; 1990, c. 87, s. 92; 1990, c. 87, s. 105; 2008, c. 25, s. 72.

63.2. For the purposes of paragraph 1 of section 62.4, the average pensionable salary may in no case be less than $7,000.

1982, c. 51, s. 100; 1983, c. 24, s. 28; 1992, c. 67, s. 75; 2008, c. 25, s. 73.

63.3. From the month following his sixty-fifth birthday or, as the case may be, from the month following the date he retires, if that date is after his sixty-fifth birthday, his pension is reduced by the amount obtained by multiplying

(1)  0.7%;

(2)  the number of years of service credited after 31 December 1965, up to 35;

(3)  that part of the average pensionable salary which does not exceed the average maximum pensionable earnings, within the meaning of the Act respecting the Québec Pension Plan (chapter R-9), in respect of the contributory periods selected for the purposes of computing the pension.

In computing the average maximum pensionable earnings, each maximum amount of pensionable earnings concerned is computed according to the ratio established for computing each contributory period.

However, where the officer receives a pension by reason of total and permanent disability under subparagraph 3 of the first paragraph of section 56, the reduction provided for in the first paragraph applies from the month in which the disability pension granted under the Act respecting the Québec Pension Plan (chapter R-9) or under an equivalent plan within the meaning of section 1 of the said Act is payable, or from the month following the date on which the officer retires if such a disability pension is payable before the pension granted under the plan provided for in this division. In addition, where the officer continues to hold pensionable employment under the plan after 30 December of the year in which he attains 69 years of age, the reduction applies from the month following that date as if he had retired.

1983, c. 24, s. 28; 1993, c. 41, s. 38; 1997, c. 50, s. 85; 2000, c. 32, s. 69.

63.4. The pension of an officer who retired in 1966 or who retired by reason of physical or mental disability before 1 January 1970 or who is a member of the Sûreté du Québec and who left the service before 1 September 1971 is not reduced.

1983, c. 24, s. 28.

63.5. (Repealed).

1983, c. 24, s. 28; 1991, c. 14, s. 38; 1995, c. 70, s. 52.

63.6. In computing the pension, 10 years are added to the number of years of service of an officer who, on 31 December 1991, participated in the plan provided for in this division, who ceased to participate in it and who, on that date, held during one or more periods totalling at least 5 years, an employment contemplated in Schedule III or that was, for the purposes of such addition of 10 years, pensionable employment when he held it.

Where an officer, on 31 December 1991, participated in the plan provided for in this division and held such employment during one or more periods totalling less than 5 years on that date, the number of years that may be added in computing the pension is the number obtained by multiplying 10 years by the fraction that the number of years or parts of a year for which he held such employment up to that date is of 5 years.

1983, c. 24, s. 28; 1983, c. 55, s. 151; 1985, c. 18, s. 43; 1987, c. 47, s. 138; 1988, c. 82, s. 125; 1991, c. 77, s. 97.

63.7. For the purposes of the pension granted to an officer’s spouse and children, the Government may have counted, for purposes of qualification for and computation of the pension, the years added under section 63.6 in respect of an officer who died after 1 January 1970, even if the condition provided for in the said section has not been fulfilled.

Any contributions that have been reimbursed must be returned within the time limit determined by the Commission with interest at 4%, compounded annually and computed from the day of reimbursement of the contributions.

1983, c. 24, s. 28; 1990, c. 87, s. 93; 1992, c. 67, s. 76.

63.7.1. The pension amounts computed pursuant to the second and third paragraphs of section 56, sections 62.4 to 63.3 and sections 63.6 and 63.7 shall be granted only within the limits authorized under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1997, c. 50, s. 86; 2008, c. 25, s. 74.

63.8. An officer who is 65 years of age or over may continue to hold an employment contemplated by the plan provided for in this division and receive benefits as a pensioner, and the rules provided in sections 61 to 72 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply, with the necessary modifications.

However, the provisions of the first paragraph do not apply from 31 December of the year in which the officer attains 69 years of age, and the officer shall receive his benefits at the latest from that date, even if he holds an employment contemplated by the plan provided for in this division.

1983, c. 24, s. 28; 1991, c. 77, s. 98; 1997, c. 50, s. 87.

64. Every pension payable under the plan provided for in this division is indexed annually at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9)

(1)  for that part attributable to service prior to 1 July 1982, by the rate of increase of the Pension Index determined by the said Act;

(2)  for that part attributable to service subsequent to 30 June 1982 but prior to 1 January 2000, by the amount by which the rate of increase in the Pension Index exceeds 3%;

(3)  for that part attributable to service subsequent to 31 December 1999, by the formula provided for in subparagraph 2 of this paragraph or by one-half of the rate of increase in the Pension Index, according to the formula which is the most advantageous.

Where the number of years of service credited exceeds 35 years, subparagraphs 1 to 3 of the first paragraph are applied in the order which is the most advantageous for the pensioner.

Deferred annuities are indexed in the same manner. Indexing applies, in that case, only from 1 January following the date on which the pension is payable.

1969, c. 15, s. 20; 1977, c. 22, s. 28; 1982, c. 33, s. 33; 1982, c. 51, s. 101; 1983, c. 24, s. 29; 2000, c. 32, s. 70.

64.1. The first indexing of any pension, except that of the deferred pension, is made proportionately

(1)  to the number of days for which the pension was or would have been paid during the year in which the officer ceased to participate in the plan, in relation to the total number of days in that year;

(2)  as the case may be, to the number of days for which the pension was or would have been paid during the year of death of the public officer in relation to the total number of days in that year.

In the case of a deferred pension, the first indexing is made proportionately to the number of days for which the pension was paid or would have been paid during the year in which the officer retired in relation to the total number of days in that year.

1982, c. 33, s. 33; 1982, c. 51, s. 102; 1983, c. 24, s. 30, s. 63; 1997, c. 50, s. 88.

65. In no case may a pension granted, before 1 January 2000, after 10 years of credited service, except a child’s pension and a pension provided for in section 83, be less

(1)  if the pension became payable before 1 July 1982, than $2,740, indexed annually and at the time prescribed in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the rate of increase in the Pension Index determined by the said Act, less the basic amount of the pension payable under the said Act, even if that pension is not paid;

(2)  if the pension became payable after 1 July 1982, than $2,740, indexed at the time prescribed in the said section 119 and for each year concerned after that date, and until the year in which it became payable, by the rate of increase in the index and, for following years, indexed as provided in section 64, reduced as in section 63.3 or subparagraph 1 of section 76, as the case may be, even if no pension under the Act respecting the Québec Pension Plan is paid.

However, the first paragraph applies only with respect to that part of the pension established under paragraph 1 of section 62.4 and the amount provided for in that paragraph is multiplied by the fraction that the number of years of service credited before 1 January 1992 is of the total number of years of service credited.

R. S. 1964, c. 14, s. 49; 1965 (1st sess.), c. 15, s. 19; 1966, c. 6, s. 10; 1969, c. 15, s. 21; 1970, c. 8, s. 3; 1973, c. 12, s. 166; 1974, c. 10, s. 15; 1977, c. 22, s. 30; 1982, c. 51, s. 103; 1983, c. 24, s. 31; 1987, c. 107, s. 242; 1992, c. 67, s. 77; 2000, c. 32, s. 71; 2008, c. 25, s. 75.

66. In computing the number of years of service of any officer, the time during which his service has been interrupted shall not be credited.

Nevertheless, the time during which the service of an officer has been interrupted by reason of active service in the armed forces of Her Majesty or of her allies during a war shall be credited without contributions, except for the purposes of subparagraph 2 of the first paragraph of section 56.

R. S. 1964, c. 14, s. 50; 1969, c. 15, s. 22; 1973, c. 12, s. 167; 1977, c. 22, s. 31; 1983, c. 24, s. 32; 1987, c. 47, s. 139.

66.1. An officer who has had a period of absence without pay at a time he or she held pensionable employment may, if the officer applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time officer holding similar employment.

To redeem a period of absence, an officer must be contributing to the plan on the date the application is received by the Commission which must be subsequent to the date of the end of the period of absence except if the officer does not pay contributions under section 60 or 67. However, an officer may also redeem such a period if, at the end of the period of absence, the officer is no longer contributing to the plan by reason of disability, eligibility for a pension, death by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the officer contributed after the period of absence, if the officer’s application for redemption and pension application are received simultaneously by the Commission.

For the purposes of the second paragraph, an officer who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Teachers Pension Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the officer holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to the officer’s participation in any such plan if the application is received while the officer was participating in this plan.

An officer who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 69.0.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

With respect to the person referred to in section 8.8 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the eligibility for a pension provided for in the second paragraph refers to the pension accrued under the Government and Public Employees Retirement Plan.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78; 1997, c. 50, s. 89; 2001, c. 31, s. 382; 2002, c. 30, s. 95; 2004, c. 39, s. 201; 2007, c. 43, s. 115.

66.1.0.1. An officer who has had a period of absence without pay at a time he or she held pensionable employment under the plan may, if the officer applies therefor, be credited with all or part of the period of absence without pay if it began after 12 June 1969 but before 1 January 2002.

Section 66.1, except the first paragraph, applies for the purposes of this section.

2002, c. 30, s. 96.

66.1.1. A teacher who ceases to be a member of the Teachers Pension Plan and who is a member of the plan provided for in this division may be credited under that plan with all years or parts of years that could have been credited under section 21 of the Act respecting the Teachers Pension Plan (chapter R-11) provided he satisfies the conditions prescribed therein.

1992, c. 67, s. 79.

66.2. The amount required of an officer for payment of the redemption cost under section 66.1 or 66.1.0.1 is equal to 100% of the contributions that would have been withheld from the pensionable salary the officer would have received if the officer had not been absent during the period covered by the application according to the number of days and parts of a day to be redeemed out of the number of pensionable days, calculated on the basis of the applicable annual remuneration.

However, in cases where the application for redemption of a period of absence without pay is received by the Commission more than six months after the end of the period of absence without pay, the amount required of an officer for payment of the redemption cost is determined on the basis of the pensionable salary at the time of receipt of the officer’s application according to the number of days and parts of a day to be redeemed out of the number of pensionable days, calculated on the basis of the annual remuneration. Such cost is determined in accordance with the rate established by a regulation made under section 25 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). The regulation may also provide for a special rate applicable to employees who are members of this plan.

The officer may, to pay the redemption cost, spread the payment over the period and at the intervals determined by the Commission. In that case, the second paragraph of section 26 of the Act respecting the Government and Public Employees Retirement Plan applies.

For the purposes of the second paragraph, the limit provided for in section 62.1 is not applicable to the pensionable salary used to establish the cost of redeeming a period of absence in progress before 1 January 1992.

1983, c. 24, s. 33; 1985, c. 18, s. 45; 1986, c. 44, s. 101; 2002, c. 30, s. 97; 2004, c. 39, s. 202.

66.3. A pensioner for whom the number of years and parts of a year of service used for computing the pension was reduced and who, on the date the pensioner ceased to participate in this plan, was entitled or would have been entitled to be credited with years and parts of a year of service under the provisions of the plan may, if the pensioner applies to redeem that service within 180 days of the date of the decision sent by the Commission notifying the pensioner of the reduction, take advantage of those provisions to be credited with years and parts of a year of service, up to the number by which the pensioner’s service was reduced.

The amount the pensioner must pay to cover the cost of redemption is established on the date of retirement and the provisions apply, adapted as follows:

(1)  the “date of receipt of the application”, and any reference to that date, means the date of retirement;

(2)  when the cost of redemption is established on the basis of the annual pensionable salary on the date of receipt of the application for redemption, the annual pensionable salary is equal to

(a)  the salary that was or would have been paid under the conditions of employment that were or would have been applicable if the pensioner held or had continued to hold, until the date of retirement, the employment the pensioner held on the last day of credited service before retiring; or,

(b)  if the employment held with the employer no longer exists on the date of retirement, the salary the pensioner received on the last day of credited service, increased by the percentage of increase applicable to the salary scales that apply to the same class of employment with an employer whose conditions of employment are governed by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2) between the last day of credited service and the date of retirement; and

(3)  when the amount required to cover the cost of redemption bears interest, no interest is computed after the date of retirement.

The amount required to cover the cost of redemption is payable in a lump sum.

2007, c. 43, s. 116.

67. The days and parts of a day of a maternity leave commencing after 31 December 1988 shall be credited to the female officer, without contributions, up to 135 contributory days.

If the female officer holds more than one pensionable employment in a year, the days and parts of a day of such a leave shall be credited to her before any other service.

1977, c. 22, s. 32; 1983, c. 24, s. 34; 1987, c. 47, s. 140; 1988, c. 82, s. 127; 2006, c. 55, s. 43.

67.1. For the purposes of eligibility for and computation of any officer’s pension, a maximum of 90 days may be added to the service credited to the officer after 31 December 1978 to enable him to make up any period of leave without pay while he was holding pensionable employment, except on contrary notice from the officer.

However, the first paragraph does not apply to service credited under the plan provided for in this division on an actuarially equivalent basis.

1980, c. 18, s. 13; 1982, c. 51, s. 104; 1983, c. 24, s. 34; 1987, c. 47, s. 141; 1987, c. 107, s. 244.

67.2. The years and parts of a year of service that were recognized solely for purposes of entitlement to a pension under the Teachers Pension Plan and the Pension Plan of Peace Officers in Correctional Services are added, for purposes of entitlement to any pension, to the years of service credited pursuant to section 58. The same rule applies to the years and parts of a year of service not credited under the plan provided for in this division by reason of the application of section 92 and to the years and parts of a year recognized solely for purposes of entitlement to a pension under an agreement of transferability respecting the plan provided for in this division and entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) if they have not otherwise been credited pursuant to section 93 or, as the case may be, pursuant to the agreement concerned.

1987, c. 107, s. 245; 1990, c. 87, s. 105.

68. The pension becomes payable to the officer entitled to it from the day on which he retires. The pension is paid to the pensioner until the first day of the month following the pensioner’s death or, in the case of a person who ceased to participate in the plan and was eligible for a pension, from the date the person would have been entitled to receive the pension without actuarial reduction until the first day of the month following the person’s death.

An officer who ceases to participate in the plan and is eligible for a pension without actuarial reduction is presumed to retire on the day after the day on which he ceases to participate in the plan. However, if the officer continues to hold pensionable employment under the plan after 30 December of the year in which he attains 69 years of age, the day after the day on which he ceases to hold such employment is the day on which he retires.

An officer who ceases to participate in the plan, who is eligible for an actuarially reduced pension and who applies therefor retires

(1)  on the day after the day on which he ceases to participate in the plan, if his pension application is received at the Commission within 60 days of the day on which he ceases to participate in the plan;

(2)  on the date of receipt of his pension application if the date falls more than 60 days after the date on which he ceased to participate in the plan, but not after the date on which the pension would otherwise have been granted to him without actuarial reduction at the time he ceased to participate in the plan;

(3)  on the date indicated in his pension application if it is after the date of receipt of the application and the date on which he ceased to participate in the plan, but not after the date on which the pension would otherwise have been granted to him without actuarial reduction at the time he ceased to participate in the plan; or

(4)  on the first date on which a pension would otherwise have been granted to him without actuarial reduction at the time he ceased to participate in the plan if the date of receipt of the pension application is subsequent to that date.

However, where the officer referred to in the third paragraph does not apply for a pension, he is presumed to retire on the first date on which a pension would otherwise have been granted to him without actuarial reduction at the time he ceased to participate in the plan.

R. S. 1964, c. 14, s. 51; 1973, c. 12, s. 168; 1982, c. 51, s. 105; 1983, c. 24, s. 35, s. 63; 1987, c. 47, s. 141; 1988, c. 82, s. 128; 1991, c. 77, s. 99; 1995, c. 46, s. 29; 1997, c. 50, s. 90; 2007, c. 43, s. 117.

68.1. An officer who is entitled to a pension by reason of total and permanent disability under subparagraph 3 of the first paragraph of section 56 ceases to be an officer within the meaning of the plan and is deemed to have retired on the day the pension was granted to him.

1988, c. 82, s. 129; 2000, c. 32, s. 72.

69. The employer shall deduct annually, from the salary he pays to each officer and, where such is the case, to a pensioner in the case of a lump sum contemplated in section 52, an amount equal to

(1)  7.25%, up to that part of his pensionable salary which corresponds to his personal exemption within the meaning of the Act respecting the Québec Pension Plan (chapter R-9);

(2)  5.45% of that part of his pensionable salary which exceeds his personal exemption, up to his maximum pensionable earnings within the meaning of the said Act; and

(3)  7.25% of that part of his pensionable salary which exceeds his maximum pensionable earnings.

No deduction shall be made from the pensionable salary paid to an officer who has 35 years of credited service or more.

R. S. 1964, c. 14, s. 52; 1965 (1st sess.), c. 15, s. 20; 1973, c. 12, s. 169; 1974, c. 10, s. 16; 1977, c. 22, s. 33; 1982, c. 33, s. 34; 1982, c. 51, s. 105; 1983, c. 24, s. 36; 1987, c. 47, s. 142; 1988, c. 82, s. 130; 1991, c. 77, s. 100; 2007, c. 43, s. 118.

69.0.0.1. The employer shall also deduct, in accordance with section 69, an amount equal to the amount it would have deducted from the pensionable salary the officer would have received if the officer had not been absent without pay for a period of 30 consecutive days or less or for a part-time period corresponding to 20% or less of the regular time of a full-time officer holding similar employment.

The terms and conditions applicable to the collection of the deductible amount shall be determined by the Commission.

However, the first paragraph does not apply to an officer who, pursuant to the applicable conditions of employment, participates in a time management program providing that the employee is not required to pay contributions to the plan and that such contributions are to be borne by the employer.

2002, c. 30, s. 98; 2004, c. 39, s. 203; 2010, c. 29, s. 33.

69.0.1. Except in the case referred to in the second paragraph of section 69, the insurer shall deduct the amount to be deducted under section 69 from the lump sum benefit it pays to an officer under a mandatory supplementary long-term salary insurance plan applicable to management staff in the public and parapublic sectors, within the scope of measures designed to protect the officer’s salary following rehabilitation.

1995, c. 70, s. 53.

69.0.1.1. The employer must withhold from any indemnity the employer pays to an officer because of a paternity or adoption leave an amount equal to the amount the employer would have withheld if the officer had not taken such a leave.

2006, c. 55, s. 44; 2010, c. 29, s. 34.

69.0.2. The rate of contribution that must be levied on the pensionable salary of the officer who holds, with the corresponding classification, an employment referred to in Schedule I to the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) shall be reduced by a factor of 0.83% applied to each of the rates established under subparagraphs 1 to 3 of the first paragraph of section 69 of this Act.

However, the reduction shall not be considered for the purposes of sections 72 to 72.2, nor for the purposes of Division III.1 of this Act or for the purposes of the computation of the benefits payable under this plan.

2000, c. 32, s. 73; 2001, c. 31, s. 383.

69.1. (Repealed).

1982, c. 33, s. 34; 1983, c. 24, s. 37.

69.2. (Repealed).

1982, c. 33, s. 34; 1983, c. 24, s. 37.

69.3. (Repealed).

1982, c. 33, s. 34; 1983, c. 24, s. 37.

69.4. (Repealed).

1982, c. 33, s. 34; 1983, c. 24, s. 37.

70. (Repealed).

1974, c. 10, s. 17; 1983, c. 24, s. 38; 1987, c. 47, s. 143.

71. (Replaced).

1974, c. 10, s. 17; 1983, c. 24, s. 38.

72. Employers, except those listed in Schedule II.2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), shall pay to the Commission, at the same time as they remit the contribution of their officers, an amount equal to that contribution or, as the case may be, any amount determined by the Government pursuant to sections 174 and 176 of the Act respecting the Government and Public Employees Retirement Plan.

The employers listed in Schedule IV shall pay, on the dates determined by the Government, the sums necessary to meet the balance of the cost of past service for their officers and the actuarial value of outstanding pensions.

With respect to the members of Hydro-Québec, the deductions made from their salaries, as contributions for pension purposes, shall be paid into the pension fund of the employees of Hydro-Québec and their pensions shall be paid out of such fund, but in accordance with the provisions of this Act.

R. S. 1964, c. 14, s. 53; 1965 (1st sess.), c. 15, s. 21; 1969, c. 15, s. 23; 1970, c. 8, s. 4; 1973, c. 12, s. 170; 1977, c. 5, s. 14; 1978, c. 41, s. 28; 1978, c. 57, s. 92; 1978, c. 38, s. 33; 1979, c. 63, s. 329; 1979, c. 45, s. 150; 1982, c. 33, s. 35; 1982, c. 51, s. 106; 1983, c. 24, s. 39; 1985, c. 18, s. 46; 1989, c. 76, s. 8; 1992, c. 67, s. 80.

72.1. The Government shall, in respect of the employers contemplated in Schedule IV.1, pay to the Commission, on the dates determined by the Minister of Finance, the employer’s contributory amounts in respect of the officers to whom a cost-sharing agreement between the government of Canada and that of Québec applies.

1989, c. 73, s. 7.

72.2. In the case referred to in section 69.0.1, the insurer shall pay to the Commission, at the same time as it sends the contributions of the officers, an amount corresponding to the contribution it would have to pay as the employer.

1995, c. 70, s. 54.

72.3. The amounts paid pursuant to the first and second paragraphs of section 72 and sections 72.1 and 72.2 must be qualifying employer premiums within the meaning of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1997, c. 50, s. 91.

73. (Repealed).

R. S. 1964, c. 14, s. 54; 1969, c. 15, s. 24; 1973, c. 12, s. 171; 1983, c. 24, s. 40.

74. The Commission, upon the application of a beneficiary other than a beneficiary contemplated in the first paragraph of section 63.8, may, at any time after the pension becomes payable, make cash payment of the actuarial value, established according to the actuarial assumptions and methods determined by regulation, of any pension, if the total amount is not more than $811 annually.

In no case may cash payment of the actuarial value of a child’s pension or of a pension granted by reason of total and permanent disability under subparagraph 3 of the first paragraph of section 56 be made, if in the latter case the pensioner is under 65 years of age.

The amount of $811 is, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), indexed annually by the rate of increase of the Pension Index established by the said Act.

1977, c. 22, s. 34; 1982, c. 51, s. 107; 1983, c. 24, s. 41; 1986, c. 44, s. 102; 1987, c. 107, s. 246; 1991, c. 14, s. 39; 2000, c. 32, s. 74.

75. (Repealed).

R. S. 1964, c. 14, s. 55; 1977, c. 22, s. 35; 1982, c. 51, s. 108; 1983, c. 24, s. 42; 1992, c. 67, s. 81; 1995, c. 46, s. 31; 1999, c. 73, s. 16; 2007, c. 43, s. 119.

76. From the day the payment of the pension of a pensioner ceases by reason of death, or as the case may be, from the day of the death of a public officer, the spouse is entitled to receive a life pension equal to 60% of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive or that the officer would have been entitled to receive,

(1)  reduced as in section 63.3, from the month following the death, even if the pensioner or officer dies before 65 years of age;

(2)  not reduced as in section 63.3, if, at the time of death of the pensioner or officer, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

The first paragraph also applies to the spouse of a person who ceased to participate in the plan and was eligible for a pension.

The pension computed pursuant to subparagraph 2 of the first paragraph shall not exceed 66 2/3% of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or that the officer would have been entitled to receive, after the reduction provided for in section 63.3.

1973, c. 12, s. 172; 1977, c. 22, s. 36; 1983, c. 24, s. 42; 1988, c. 82, s. 131; 1990, c. 87, s. 94; 1997, c. 50, s. 92; 2007, c. 43, s. 120.

77. For the purposes of this Act, the spouse is the person who is married to or in a civil union with the officer or pensioner or, provided neither is married or in a civil union at the time of the death of the officer or pensioner, the person of the opposite or the same sex who had been living in a conjugal relationship with the officer or pensioner for a period of not less than three years immediately prior to the officer’s or pensioner’s death, and had been publicly represented as the officer’s or pensioner’s spouse by the officer or pensioner or who, during the year prior to the officer’s or pensioner’s death, was living in a conjugal relationship with the officer or pensioner while one of the following situations occurred:

(1)  a child was or is to be born of their union;

(2)  they adopted a child together; or

(3)  one of them adopted a child of the other.

R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37; 1982, c. 51, s. 109; 1983, c. 24, s. 42; 1988, c. 82, s. 132; 1999, c. 14, s. 25; 2000, c. 32, s. 75; 2002, c. 6, s. 190.

78. Each child of the pensioner or officer who is unmarried and under 18 years of age or, under 21 years of age if he is a full-time student in an educational institution designated in Schedule I to the Act respecting the Teachers Pension Plan (chapter R-11) or in any other institution designated by regulation, is entitled to receive, as a pension,

(1)  if a pension is paid to the spouse, 10% of the pension used as the basis for computing the spouse’s pension, reduced as in section 63.3;

(2)  if the pensioner or officer has no spouse entitled to a pension, 20% of the pension that would have been used as the basis for computing the spouse’s pension, reduced as in section 63.3;

(3)  if the spouse of the pensioner or officer dies while receiving a pension, 20% of the pension used as the basis for computing the spouse’s pension and indexed from the death of the pensioner or officer, reduced as in section 63.3.

However, where there are more than four children, an amount representing 10% or 20% of the pension, as the case may be, multiplied by 4, is divided equally among all the children.

1966, c. 6, s. 11; 1969, c. 15, s. 27; 1973, c. 12, s. 174; 1974, c. 10, s. 18; 1977, c. 22, s. 38; 1982, c. 51, s. 110; 1983, c. 24, s. 42; 1990, c. 5, s. 38.

79. A pension granted to a child under 18 years of age must be paid to the person whose dependent he is.

The pension granted to the child is paid from the day the spouse’s pension is payable or would be payable if the pensioner or officer had a spouse entitled to a pension or, as the case may be, from the month following the death of the spouse who was receiving a pension.

1969, c. 15, s. 27; 1982, c. 51, s. 111; 1983, c. 24, s. 42; 1990, c. 5, s. 39.

80. The pension granted to the spouse and children runs until the first day of the month following the date the beneficiary ceases to be entitled to it.

R. S. 1964, c. 14, s. 58; 1966, c. 6, s. 12; 1969, c. 15, s. 28; 1977, c. 22, s. 39; 1983, c. 24, s. 42; 1987, c. 47, s. 144.

81. Where contributions are reimbursed, the aggregate of the officer’s contributions must be reduced by the amounts paid as pension benefits under the plan provided for in this division and a pension plan from which service has not been transferred to the plan provided for in this division on an actuarially equivalent basis.

1969, c. 15, s. 29; 1974, c. 10, s. 19; 1983, c. 24, s. 42; 1987, c. 107, s. 247.

82. An officer who ceases to participate in the plan provided for in this division before becoming entitled to a pension or to only a deferred pension is entitled, unless he is a member of the said plan, to the reimbursement of his contributions.

If the officer has received the reimbursement of his contributions and wishes the service for which he contributed to the plans provided in this Act to be credited, he must, in the manner provided in the third paragraph of section 95 repay the reimbursed contributions with interest at the rate of 4%, compounded annually, computed from the day on which the contributions were reimbursed.

In case of death, the reimbursement provided for in the first paragraph shall be made to his spouse or, if he has no spouse, to his successors.

R. S. 1964, c. 14, s. 59; 1965 (1st sess.), c. 15, s. 23; 1966, c. 6, s. 13; 1969, c. 15, s. 30; 1974, c. 10, s. 20; 1977, c. 22, s. 40; 1983, c. 24, s. 42; 1985, c. 18, s. 47; 1987, c. 47, s. 145; 1987, c. 107, s. 248; 1988, c. 82, s. 133; 1990, c. 5, s. 40; 1990, c. 87, s. 95; 1992, c. 67, s. 82; 1995, c. 46, s. 31.

82.1. For the purposes of a reimbursement of contributions, contributions include every amount paid by the officer and every contribution from which he was exempt under the plan provided for in this division or under any other pension plan out of which service has been transferred to the plan provided for in this division, but do not include any contributions deducted in excess for the years subsequent to the year 1986. Contributions also include any interest accrued on such amounts in accordance with the relevant pension plan. However, contributions do not include any amount reimbursed to the officer under any such pension plan if, when service was transferred on an actuarially equivalent basis, the total amount of accumulated contributions exceeded the actuarial value of the benefits accrued under the new pension plan.

1987, c. 107, s. 249.

82.2. The contributions are reimbursed without interest if they have been transferred to another pension plan under agreements respecting the plan provided for in this division entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1987, c. 107, s. 249.

82.3. Every application for a refund of contributions must be filed with the Commission by means of the prescribed form.

1988, c. 82, s. 134.

82.4. The spouse may waive the spousal benefits granted under the plan provided for in this division before the date of the death of the officer, of the person who ceased to participate in the plan or of the pensioner. The spouse may also revoke the waiver before that date.

To be valid, the waiver or revocation must bear on all spousal benefits and be served on the Commission by means of a notice that must be received on a date that is prior to the date of death and contain the information determined by regulation.

The spouse’s waiver is cancelled if, on the date of the pensioner’s death, no refund of the contributions referred to in section 82.1 is payable to the pensioner’s successors. The computation is calculated at the date of death as though there were no children entitled to a pension, and based on the data known to the Commission on the date of its decision; that data is deemed to be accurate. When the spouse’s waiver is cancelled, the spouse may receive the benefits the spouse is entitled to under the pension plan.

Despite the spouse’s waiver, the pension plan is deemed to grant the spouse a right to death benefits for the purposes of article 415 of the Civil Code.

2007, c. 43, s. 121.

83. An officer who ceases to participate in the plan provided for in this division after 10 years of service and before he is eligible for a pension is entitled to only a deferred pension, unless

(1)  his years and parts of a year of service are transferred to the Teachers Pension Plan, the Government and Public Employees Retirement Plan, the Pension Plan of Management Personnel, the Pension Plan of Certain Teachers or to the Pension Plan of Peace Officers in Correctional Services;

(2)  he comes under a transferability agreement concerning the plan contemplated in this division, made under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

R. S. 1964, c. 14, s. 60; 1973, c. 10, s. 23, s. 24; 1974, c. 10, s. 21; 1977, c. 22, s. 41; 1982, c. 66, s. 69; 1982, c. 62, s. 143; 1983, c. 24, s. 42; 1985, c. 18, s. 48; 1987, c. 47, s. 146; 1987, c. 107, s. 250; 1988, c. 82, s. 135; 1990, c. 32, s. 42; 1990, c. 87, s. 105; 2001, c. 31, s. 384.

84. A deferred pension is payable, as the case may be,

(1)  from 65 years of age;

(2)  from 60 years of age, in the case of a female officer;

(3)  from the time the officer is totally or permanently disabled within the meaning of subparagraph 3 of the first paragraph of section 56;

(4)  from the time he begins to receive the retirement pension acquired as a Member of the National Assembly or, if he has made the election provided for in section 54.1, from the time he ceases to be a member of the plan provided for in this division, if he became a Member before 1 January 1992.

Notwithstanding section 68, the officer is deemed to retire on the same day.

R. S. 1964, c. 14, s. 61; 1965 (1st sess.), c. 15, s. 24; 1966, c. 6, s. 14; 1969, c. 15, s. 31; 1973, c. 12, s. 175; 1977, c. 5, s. 14; 1977, c. 22, s. 42; 1982, c. 66, s. 70; 1983, c. 24, s. 42; 1988, c. 82, s. 136; 1992, c. 9, s. 8; 1992, c. 16, s. 18; 1993, c. 41, s. 39; 2000, c. 32, s. 76.

85. An officer who becomes a Member of the National Assembly before a pension or deferred pension is granted to him is entitled to such pension for the years and parts of a year of service credited to him under the plan provided for in this division provided they have not been transferred to another pension plan, if he acquires the right to a retirement pension as a Member of the National Assembly and repays any contributions reimbursed to him.

Where the Member became a Member before 1 January 1992, the pension shall be payable from the time he begins to receive the retirement pension acquired as a Member of the National Assembly or, if he makes the election provided for in section 54.1, from the time he ceases to be a member of the plan provided for in this division.

R. S. 1964, c. 14, s. 62; 1965 (1st sess.), c. 15, s. 25; 1966, c. 6, s. 15; 1969, c. 15, s. 32; 1983, c. 24, s. 42; 1987, c. 107, s. 251; 1992, c. 9, s. 9; 1992, c. 16, s. 19; 1993, c. 41, s. 40.

86. If the officer dies before the pension becomes payable under sections 84 and 85, the pensions granted to the spouse and to the children become payable.

R. S. 1964, c. 14, s. 63; 1965 (1st sess.), c. 15, s. 26; 1969, c. 15, s. 33; 1970, c. 8, s. 5; 1973, c. 12, s. 176; 1983, c. 24, s. 42.

87. If the officer dies before any pension may be granted to him, the contributions are reimbursed to his successors. The same applies where no pension is payable upon the death of a pensioner.

R. S. 1964, c. 14, s. 64; 1965 (1st sess.), c. 15, s. 27; 1969, c. 15, s. 34; 1977, c. 22, s. 43; 1982, c. 51, s. 112; 1983, c. 24, s. 42; 2002, c. 30, s. 99.

87.1. If the total of the amounts paid as pension benefits is less than the sum of the contributions, the difference shall, subject to sections 81, 82.1 and 82.2, be reimbursed to the officer’s successors, whether or not the officer was a pensioner, at the time payment of a pension to the last person entitled thereto ceases.

2002, c. 30, s. 100.

88. (Repealed).

R. S. 1964, c. 14, s. 65; 1965 (1st sess.), c. 15, s. 27; 1969, c. 15, s. 35; 1977, c.22, s. 44; 1983, c. 24, s. 42; 1987, c. 47, s. 147; 1987, c. 107, s. 252.

89. A pension granted under subparagraph 3 of the first paragraph of section 56 shall cease to be paid on the first day of the month following the date on which the reason for which it was granted ceases to apply.

However, an officer whose pension ceases to be paid under the first paragraph and who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel shall participate in either of such plans notwithstanding section 54 or, as the case may be, in the Pension Plan of Certain Teachers or, if he holds pensionable employment under the Pension Plan of Peace Officers in Correctional Services, he shall participate in the latter plan.

R. S. 1964, c. 14, s. 66; 1965 (1st sess.), c. 15, s. 28; 1977, c. 5, s. 14; 1982, c. 51, s. 113; 1983, c. 24, s. 42; 1987, c. 47, s. 148; 1987, c. 107, s. 253; 1988, c. 82, s. 137; 1990, c. 87, s. 105; 2001, c. 31, s. 385.

89.1. (Repealed).

1982, c. 51, s. 113; 1983, c. 24, s. 42; 1988, c. 82, s. 138.

89.2. Any benefit shall continue to be paid to a pensioner holding pensionable employment under the Teachers Pension Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel.

1982, c. 51, s. 113; 1987, c. 47, s. 149; 1988, c. 82, s. 139; 2001, c. 31, s. 386; 2007, c. 43, s. 122.

89.3. (Repealed).

1982, c. 51, s. 113; 1983, c. 24, s. 43; 1988, c. 82, s. 140; 2001, c. 31, s. 387; 2007, c. 43, s. 123.

89.4. (Repealed).

1982, c. 51, s. 113; 1983, c. 24, s. 44; 1987, c. 47, s. 150; 1987, c. 107, s. 254; 1988, c. 82, s. 141; 2001, c. 31, s. 388; 2007, c. 43, s. 123.

89.5. (Repealed).

1982, c. 51, s. 113; 1983, c. 24, s. 45; 1987, c. 47, s. 150; 1988, c. 82, s. 142; 2007, c. 43, s. 123.

89.6. (Repealed).

1982, c. 51, s. 113; 1983, c. 24, s. 46; 1988, c. 82, s. 143; 1990, c. 32, s. 43; 2001, c. 31, s. 389; 2007, c. 43, s. 123.

90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1, the Commission shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.

He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a pension plan which applied before 1 January 1992 to a Member of the National Assembly and in respect of which he obtained a refund of his contributions, except if he has already exercised a right of redemption in respect of such years and parts of a year under a pension plan other than the plan provided for in this division; for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.

He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5% of the indemnity he received as a member during each of such years.

When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5% per annum if the officer requests it in the above-mentioned notice.

The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.

R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44; 1990, c. 87, s. 96; 1992, c. 67, s. 83; 1993, c. 41, s. 41.

91. Every member of the Sûreté du Québec who, before 1 July 1973, became an officer contemplated in the plan provided in this division is entitled to be credited with the years of service performed under the superannuation plan of the members of the Sûreté du Québec, provided he has not been reimbursed his contributions; for that purpose, the amount of his contributions under the said plan shall be credited to him under this plan up to the amount of the contributions provided for under this plan.

However, the officer shall not have credited under this section with one or more years for which a pension or deferred annuity is payable to him under the superannuation plan of the members of the Sûreté du Québec.

1977, c. 22, s. 46; 1977, c. 5, s. 14; 1983, c. 24, s. 48.

92. (Repealed).

R. S. 1964, c. 14, s. 68; 1965 (1st sess.), c. 15, s. 30; 1973, c. 12, s. 178; 1977, c. 5, s. 14; 1977, c. 22, s. 47; 1983, c. 24, s. 49; 1987, c. 107, s. 255; 1990, c. 87, s. 105; 2004, c. 39, s. 204.

93. (Repealed).

1969, c. 15, s. 37; 1973, c. 12, s. 179; 1977, c. 5, s. 14; 1977, c. 22, s. 48; 1983, c. 24, s. 50; 1984, c. 47, s. 143; 1987, c. 107, s. 255; 1990, c. 87, s. 97; 2002, c. 30, s. 101; 2004, c. 39, s. 204.

93.1. (Repealed).

1987, c. 107, s. 255; 2004, c. 39, s. 204.

94. Notwithstanding sections 53 and 55, no officer of primary or specialized education who, on 1 April 1942, holds any office contemplated by this Division, shall be subject to these provisions unless he has given before 1 January 1949, a notice for such purpose, which notice has effect from the said date.

Any such officer who has not given the notice provided for in the preceding paragraph but who, before 1 April 1942, made an annuity contract under the provisions of the Government Annuities Act (Revised Statutes of Canada, 1970, chapter G-6) with the Government of Canada may be credited with the time during which he was an officer of primary education or of specialized education or during which he was employed by the Province by giving, before 1 January 1971, a notice in writing and by paying, without interest, an amount equal to the deductions which would have been made from his pensionable salary if this Division had then been applicable to him. The pension of such an officer shall be equal to two-thirds of the pension which would have been payable to him under this Act if he had given the notice provided for in the preceding paragraph.

The instalments contemplated in the second paragraph shall be paid in the manner determined in the third paragraph of section 95 until the officer retires; any balance then due by him shall be deducted from the pension instalments which first become payable to him after the date when he retires.

The payments exigible from any person contemplated in the first paragraph who is already superannuated shall be determined by the Government which may also establish the manner of payment.

Notwithstanding the preceding three paragraphs, any person contemplated in the first paragraph who has not given the notice provided for therein but who, before 1 April 1942, made an annuity contract under the provisions of the Government Annuities Act with the Government of Canada, shall become governed by this division from the time when the amounts paid by such a person and by his employer under such a contract and the interest thereon, if any, are remitted at his request.

R. S. 1964, c. 14, s. 69; 1969, c. 15, s. 38; 1970, c. 8, s. 7; 1982, c. 51, s. 114; 1983, c. 24, s. 51; 1988, c. 82, s. 145.

95. Any member of the Bureau de surveillance du cinéma who was formerly the president thereof may be credited with his years or a portion of his years of service on the Bureau de surveillance du cinéma by giving, within the year following the date on which he begins to pay contributions to the plan provided for in this division, a written notice and by paying, without interest, an amount equal to the deductions which would have been made from his salary if the said plan had been applicable to him.

Any officer who was on active service in the regular Canadian Forces or the forces levied by Canada in wartime contemplated by the Canadian Forces Superannuation Act (Revised Statutes of Canada, 1985, chapter C-17) may be credited with such years or a portion of such years of service provided that he does not receive retirement benefits under the said Act, by sending, during the year following the date on which he begins to pay contributions to the plan provided for in this division, or not later than 31 December 1975 if he began to pay contributions to the said plan before 1 January 1975, a written notice and by paying, without interest, an amount equal to the deductions which would have been made from his pensionable salary in the regular Canadian Forces if the said plan had been applicable to him.

The amount is payable by cash payment or by instalments spread out in accordance with Schedule V. The payments are deducted from the officer’s pensionable salary or, as the case may be, from any pension, except that granted to a child, which becomes payable under the plan contemplated in this division.

R. S. 1964, c. 14, s. 70; 1965 (1st sess.), c. 15, s. 31; 1966-67, c. 22, s. 27; 1973, c. 12, s. 180; 1974, c. 10, s. 23; 1977, c. 5, s. 14; 1977, c. 22, s. 49; 1983, c. 24, s. 52; 1983, c. 37, s. 193; 1985, c. 18, s. 49; 1987, c. 47, s. 151; 2004, c. 39, s. 205.

96. Any officer subject to the application of this Act may, for the purposes of his pension, be credited with, wholly or in part, if he wishes, the time during which he has been in the service of Québec before this Act became applicable to him, on the conditions hereinafter stipulated.

Every person who has held, in the service of the Province, an office determined by the Government for which he was remunerated on a fees basis and who, thereafter, became an officer subject to the application of this Act may be credited with, wholly or in part, as he wishes, the time during which he was so remunerated on a fees basis by giving a notice to that effect not later than 31 December 1978.

Any officer who began to pay contributions to the plan provided for in this division after 17 November 1959 but before 1 January 1970 must have given notice, before 1 January 1971, of his intention to avail himself of the provisions of the first paragraph, indicating the period he wishes to be credited with, and any officer who began to pay contributions to the plan provided for in this division after 31 December 1969 must give or, as the case may be, have given such notice within 12 months after the day he began or begins to pay contributions.

Such officer must, moreover, pay, in the manner determined by the third paragraph of section 95, an amount equal to the deductions which would have been made from his pensionable salary if this Act had been applicable to him at that time, at the rate of 5%. That pensionable salary shall in no case exceed the salary the officer is receiving at the time he begins to contribute to this plan.

The time during which the officer was in the service of Québec before this Act became applicable to him, may be credited even if the employment was discontinuous and whatever may have been the method and amount of remuneration. The time during which the officer was in the employ of the City of Montréal, in the Sales Tax Division, may be credited in the same manner.

When the number of years of service which an officer wishes to have credited under this section is more than five, the amount payable shall be reduced by a percentage equal to twice the number of years to be credited in excess of five and up to twenty-five.

A person who has already been a member of a commission or board, whose members are appointed by the Government during at least two years and not more than three years and who, later, has been in the service of the Federal Government during not less than seven years or more than nine years, may, when he is again appointed a member of such commission or board, be credited with, in whole or in part, his years of service with such commission or board, or with the Federal Government, by complying with the provisions of this section. The years which may thus be credited to him shall be those in respect of which such person shall have paid 5% of the remuneration which was paid to him during such years.

For the purposes of this section, the words “this Act” shall include Division I.

Any officer who is a member of the plan provided for in this division and who has already been subject to the application of the Act respecting the Teachers Pension Plan (chapter R-11) is entitled to be credited, for the purposes of his pension, with the time he was entitled to be credited with for the purposes of the latter plan at the time he ceased to participate in the plan, as if it were a period during which he was in the service of Québec within the meaning of the first paragraph of this section by giving a notice to that effect within the year following 13 December 1974 for any teacher who became an officer between 1 July 1965 and 13 December 1974. Any teacher who became an officer after 13 December 1974 must have given or, as the case may be, give such a notice within the twelve months following the date on which he began or begins to pay contributions to the plan provided for in this division.

Any officer who is subject to the application of this Act and who has been a member or employee of an Apprenticeship Commission instituted under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) may be credited with the time during which he was a member or employee of such a Commission as if such time had been served in the employ of Québec by giving within the year following 13 December 1974 a written notice and paying an amount equal to the deductions that would have been made had this paragraph been applicable to him.

A pensioner under the plan provided for in this division may, by giving notice to that effect before 10 August 1978, be credited with the time during which he was in the employ of the Québec Metal Mining Association Inc.

R. S. 1964, c. 14, s. 71; 1965 (1st sess.), c. 15, s. 32; 1966, c. 6, s. 16; 1969, c. 15, s. 39; 1970, c. 8, s. 8; 1973, c. 12, s. 181; 1974, c. 10, s. 24; 1977, c. 22, s. 50; 1983, c. 24, s. 53; 1987, c. 47, s. 152; 1988, c. 82, s. 146; 2004, c. 39, s. 206.

97. The spouse of an officer who dies before the expiration of the time limit contemplated in section 96 may give the notice required by that section.

R. S. 1964, c. 14, s. 72; 1982, c. 17, s. 72; 1983, c. 24, s. 54.

98. (Repealed).

R. S. 1964, c. 14, s. 74; 1983, c. 24, s. 54; 1993, c. 41, s. 42.

99. Any officer who, after at least eight years’ service, accepts an office under the Government to which this Act does not apply, shall continue to be deemed an officer for the purposes of this Division provided that he pays the contribution contemplated in section 69.

The same shall apply, with the approval of the Government, to any officer who accepts or has accepted a position with a school board, a general and vocational college or a corporation constituted under the Act respecting the Université du Québec (chapter U-1), otherwise than as a teacher within the meaning of the Act respecting the Teachers Pension Plan (chapter R-11), even if he does not have eight years of service. This provision does not apply to officers having accepted a position with a school board or a general and vocational college after 30 June 1973.

The same applies, with the approval of the Government, to any officer who accepts or has accepted an employment with a body contemplated by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5) following the transfer of jurisdiction over his duties from the Ministère de la Santé et des Services sociaux or of the Commission de la santé et de la sécurité du travail to a body contemplated by one of the said Acts, even if he does not have eight years of service.

The same rule applies, with the approval of the Government, to any officer who, on 14 February 1979, was in the employ of the Société d’exploitation des loteries et courses du Québec and who, under section 35 of the Act to incorporate the Société des loteries et courses du Québec (1978, chapter 38), became an employee of the Société des loteries et courses du Québec, even if he does not have eight years of service.

Any person to whom the third paragraph has applied may, with the approval of the Government, continue to contribute to this plan if he is thereafter transferred from a body contemplated in the Act respecting health services and social services or by the Act respecting health services and social services for Cree Native persons to another body contemplated in one of the said Acts.

The same rule applies, with the approval of the Government, to any officer who was in the employ of the École provinciale de médecine vétérinaire on 1 January 1969 and has accepted an employment with the Université de Montréal following integration into the latter of the said school, otherwise than as a teacher within the meaning of the Act respecting the Teachers Pension Plan, even if he did not have eight years of service and even if the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) applies to that officer. An officer who was reimbursed his contributions may return them to the Commission, with interest at the rate determined by the Government.

In addition, the same applies to every officer who becomes or has become a member of a Board, Commission, Court, Council, Bureau or Government body even if the Act respecting the Government and Public Employees Retirement Plan applies to that Board, Commission, Court, Bureau, Council or body, and even if that officer has not eight years of service.

For the application of the preceding paragraph, Government body means any body the officers of which are by law appointed under the Public Service Act (chapter F-3.1.1).

Nevertheless, if the law governing the office accepted by such officer makes provision for a pension for the holder thereof, such officer must make option between the provisions of the said law and those of this Act. Such option shall be exercised by written notice given within 2 months after the appointment or at any time before the repayment of the deductions.

Any civil servant who, before 30 June 1973, accepted a position with a general and vocational college, and to whom the second paragraph applied, may, with the approval of the Government, continue to participate in this plan if he subsequently accepts a position with a corporation established pursuant to section 30.1 of the General and Vocational Colleges Act (chapter C-29).

R. S. 1964, c. 14, s. 75; 1969, c. 15, s. 40; 1973, c. 12, s. 182; 1974, c. 10, s. 25; 1977, c. 5, s. 14; 1977, c. 22, s. 51; 1978, c. 57, s. 92; 1978, c. 38, s. 29; 1978, c. 15, s. 140; 1979, c. 24, s. 21; 1979, c. 63, s. 329; 1983, c. 24, s. 55, s. 63; 1983, c. 55, s. 161; 1985, c. 23, s. 24; 1990, c. 87, s. 98; 1992, c. 67, s. 84; 1993, c. 74, s. 18; 2000, c. 8, s. 242.

99.1. An administrator of state within the meaning of the Public Service Act (chapter F-3.1.1) or the chief executive officer of an agency to whom this plan applies and who becomes an employee, officer or full-time member of a university establishment, an institution or an agency designated by the Government may, at his request and with the authorization of the Government, which determines the conditions therefor, continue to participate in this plan.

This section has effect as from 1 January 1977. Every order of the Government made under this section may be made to have effect from any date after 31 December 1976.

1980, c. 11, s. 86; 1983, c. 55, s. 152.

99.2. The officers of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation who, on 9 August 1981, became full-time members or employees of the Centre d’Insémination artificielle du Québec (C.I.A.Q.) inc. continue to participate in this plan.

1982, c. 51, s. 115.

99.3. The employees of Ville de Vaudreuil who, on 31 May 1981, were employees of the Station expérimentale de Vaudreuil continue to participate in this plan.

1982, c. 51, s. 115; 1996, c. 2, s. 859.

99.4. The public servants of the Ministère de l’Éducation who, following the agreement made under section 1 of the Act respecting the transfer of certain public servants from the Ministère de l’Éducation to the Société de gestion du réseau informatique des commissions scolaires (1984, chapter 48) have become employees of the Société de gestion du réseau informatique des commissions scolaires shall continue to participate in this plan.

1984, c. 48, s. 13.

99.4.1. Officers who became employees of the Société de récupération, d’exploitation et de développement forestiers du Québec before 1 January 1991 continue to be members of this plan.

1992, c. 67, s. 85.

DIVISION II.1 SPECIAL MEASURES

1987, c. 47, s. 153.

§ 1 . — Maternity leave

1987, c. 47, s. 153.

99.5. Every officer who was granted a maternity leave while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan may be credited, without contributions and up to 90 contributory days, with the days of a maternity leave which was in progress on 1 July 1965 or which began after that date but ended before 1 July 1976, provided the 90-day period allows the officer to complete 95% or more of the school year in which she was granted the maternity leave.

Every officer who was granted a maternity leave may be credited, without contributions and up to 120 contributory days, with the days of the maternity leave which was in progress on 1 July 1976 or which began after that date but ended before 1 July 1983.

To be credited with the days of the maternity leave, the officer referred to in the first or second paragraph is required to have contributed to the pension fund of officers of education established by Part VIII of the Education Act, the Teachers Pension Plan or, as the case may be, to the plan provided for in Division II during the 12 months preceding the beginning of the maternity leave, and to have contributed again to the Teachers Pension Plan or, as the case may be, the plan provided for in Division II during the two years following the year in which the maternity leave ended even if, in the last two cases, the officer referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time she again contributed.

Any contributions paid by the officer to redeem the maternity leave pursuant to provisions relating to the redemption of a period of absence without pay are reimbursed without interest. However, if the period redeemed for a maternity leave which ended before 1 July 1976, exceeds 100 days, the maternity leave cannot be credited without contributions and the contributions paid by the officer cannot be reimbursed. If the period redeemed for a maternity leave in progress on 1 July 1976 or which began after that date exceeds the period credited pursuant to this section, the balance of the redeemed period remains credited to the officer even if it is less than 30 days.

1987, c. 47, s. 153; 1990, c. 87, s. 99; 1991, c. 14, s. 40; 2002, c. 30, s. 102.

99.6. That part of the pension attributable to service credited under section 99.5, if the service is credited for a year credited to the officer under section 99.7, only to the extent that the service is necessary to make up a maximum of 35 years of service, is increased annually at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the excess of the rate of increase in the Pension Index determined under that Act over 3%. Section 64.1 applies to the increase. In all other cases, sections 64 and 64.1 apply.

1987, c. 47, s. 153.

§ 2 . — Years redeemed by reason of marriage, pregnancy or adoption

1987, c. 47, s. 153.

99.7. Any officer who, while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan, ceased to participate in her pension plan by reason of marriage, pregnancy or adoption if, in the last case, the adoption was subsequently recognized for legal purposes by a judgment, may be credited with all or part of her years of teaching prior to 1 January 1968 for which she obtained a reimbursement of contributions, if the marriage, pregnancy or adoption occurred in the 12 months preceding or in the 24 months following the date on which she ceased to participate in the plan.

To be credited with such years and parts of a year, the officer must pay the sum of $1,000 per year. That amount must be increased by an amount equal to 1.65% of her basic pensionable salary, computed on an annual basis on the date of receipt of her application. If, however, the officer held part-time employment on that date, the basic pensionable salary which must be used is the salary she would have received if she had held that employment full time.

The amount required for such years and parts of a year to be credited is payable in a lump sum or by instalments spread over the period and payable at the times determined by the Commission. If it is paid by instalments, it bears interest, compounded annually, at the rate provided for in Schedule VII to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) in force on the date on which the application is received, computed from the date on which the redemption proposal made by the Commission expires.

1987, c. 47, s. 153; 1987, c. 107, s. 257; 1988, c. 82, s. 147; 1990, c. 87, s. 100; 2002, c. 30, s. 103.

99.8. The sum of $1,000 contemplated in the second paragraph of section 99.7 shall be adjusted, on 31 December of each year, at the interest rate determined in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and in force on that date.

1987, c. 47, s. 153; 2004, c. 39, s. 207.

99.9. That part of the pension attributable to service credited pursuant to section 99.7, only to the extent that the service is necessary to make up a maximum of 35 years of service, is increased annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the excess of the rate of increase in the Pension Index determined under that Act over 3%. Section 64.1 applies to the increase.

1987, c. 47, s. 153.

§ 2.1 . — Progressive retirement

1990, c. 32, s. 45.

99.9.1. This subdivision applies to every officer, except a seasonal or casual officer, who has not already availed himself of it and who, within the scope of an agreement with his employer, agrees to a reduction of his working time for a period of one to five years, providing he retires at the end of that period. However, his working time may not be less than 40% of the regular service of a full-time officer in such employment.

Before he may avail himself of this subdivision, the officer shall ascertain from the Commission that he is likely to be eligible for a pension on the date proposed for the end of the agreement. For this purpose, the Commission shall estimate the years or parts of a year of service credited to the officer at the end of the agreement. Any change to the date fixed for the beginning or the end of the agreement must be accepted by the Commission before being made.

However, if at the end of the agreement the number of years or parts of a year of service credited to the officer is less than the number estimated by the Commission, or if at the end of the agreement the officer is not eligible for his pension, or if the agreement is suspended due to circumstances determined by regulation, the agreement is extended, even where this causes the period to exceed five years, until the date on which the number of years or parts of a year of service credited to the officer is equal to the estimate made by the Commission in the first case and, in the other cases, until the date on which the officer becomes eligible for his pension.

1990, c. 32, s. 45; 1991, c. 77, s. 101; 1995, c. 70, s. 55.

99.9.2. The employer shall make a deduction from the pensionable salary paid to the officer equal to the deduction he would have made if the officer had not availed himself of this subdivision.

If the officer is eligible for salary insurance benefits, the exemption from contributions provided for in section 60 is the exemption to which he would have been entitled if he had not availed himself of this subdivision.

1990, c. 32, s. 45; 2004, c. 39, s. 208.

99.9.3. For the purposes of the plan provided for in Division II of this Act and Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the pensionable salary for the years or parts of a year covered by the agreement is the salary the officer would have received or, for a period in respect of which salary insurance benefits apply, the salary which he would have been entitled to receive if he had not availed himself of this subdivision. The service credited is the service which would have been credited to the officer if he had not availed himself of this subdivision.

1990, c. 32, s. 45.

99.9.4. If the agreement becomes null or terminates due to circumstances which, in each case, are determined by regulation, the pensionable salary, the annualized pensionable salary, the service credited and the contributions are determined, for each circumstance, in the manner prescribed by regulation.

The regulation may prescribe the terms and conditions on which an officer may be credited with service not recognized by reason of any such circumstance.

1990, c. 32, s. 45; 2009, c. 56, s. 15.

99.9.5. The regulations under this subdivision may have effect 12 months or less before they are adopted.

1991, c. 77, s. 102.

§ 3 . — Early retirement

1987, c. 47, s. 153.

99.10. This subdivision applies to every officer under 65 years of age who is a member of the plan provided for in Division II and who has 10 or more years of service and is 62 years of age or older.

This subdivision also applies to every officer whose pension has become payable between 30 June 1989 and 1 January 1990 under the plan provided for in Division II.

This subdivision does not apply, however, to an officer who has previously availed or now avails himself of the early retirement measures provided in Division III of Chapter V.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or in Chapter III of Title IV of the said Act.

1987, c. 47, s. 153; 1989, c. 76, s. 9.

99.11. Every officer who retires is entitled to obtain that one of the following amounts be added to the amount of the pension that is payable to him:

(1)  an amount equal to the smaller of the amounts attributable to the number of years and parts of a year recognized for the purposes of calculating his pension as may be comprised between his age on retirement date and the age of 65 and, between the number of his credited years and parts of a year of service and 35;

(2)  an amount equal to the reduction applied to the retirement pension he is receiving under the Act respecting the Québec Pension Plan (chapter R-9) and which results from the adjustment provided for in section 120.1 of the said Act.

The years and parts of a year recognized under subparagraph 1 of the first paragraph are deemed to be years of service credited after 30 June 1982 and the amounts added to the pension under the first paragraph are considered to be benefits acquired after that date.

The amount mentioned in subparagraph 1 of the first paragraph shall be paid to the pensioner contemplated in the second paragraph of section 99.10 from the day on which he retired.

1987, c. 47, s. 153; 1989, c. 76, s. 10.

99.12. The amount contemplated in subparagraph 2 of the first paragraph of section 99.11 becomes payable on the day on which the pensioner contemplated in the second paragraph of section 99.10 retired if, on that date, he was receiving the adjusted retirement pension under the Québec Pension Plan or, as the case may be, on the day on which that pension became payable to him. In other cases, the amount becomes payable:

(1)  on the first day of the month which follows the date on which the Commission receives the application of the officer or, as the case may be, the pensioner if, on the date of the application, payment of the adjusted retirement pension under the Québec Pension Plan has begun; or

(2)  on the date on which payment of such adjusted retirement pension begins if, on the date of the application, the payment has not begun.

No person is entitled to an amount under this section unless, in accordance with the first paragraph, that amount becomes payable on or before 1 July 1991.

If the retirement pension received by the pensioner under the Act respecting the Québec Pension Plan (chapter R-9) ceases to be adjusted under section 120.1 of the said Act, the pensioner ceases to be entitled to the amount contemplated in subparagraph 2 of the first paragraph of section 99.11 from the date on which the adjustment of the pension ceased to apply. Moreover, if the retirement pension is recomputed in accordance with section 102.9 of the Act respecting the Québec Pension Plan, the amount contemplated in subparagraph 2 of the first paragraph of section 99.11 must be reduced to take into account the adjustment made to the retirement pension received by the pensioner under the said Act. The reduction is effective from the date on which the partition of earnings is deemed effected in accordance with section 102.10 of the said Act.

1987, c. 47, s. 153; 1989, c. 76, s. 11.

99.13. The officer, upon retirement, or a pensioner contemplated in the second paragraph of section 99.10, upon availing himself of this subdivision, may also avail himself of the measure provided in Chapter IV of Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) but only in respect of the annual amount of the old age security pension even if no agreement to that effect has been entered into with his employer and even if he does not have 35 years of credited service for the purposes of the computation of his pension. However, the reduction provided for in section 205 may apply to any amount added under section 99.11.

The first paragraph applies, where that is the case, to a pensioner contemplated in the second paragraph of section 99.10, from the day on which he retired.

1987, c. 47, s. 153; 1989, c. 76, s. 12.

99.14. The amounts added under section 99.11 are adjusted annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the excess of the rate of increase in the Pension Index determined by the said Act over 3%.

However, the first adjustment of the amount contemplated in subparagraph 1 of the first paragraph of section 99.11 is made in the same proportion as that of the first adjustment of the regular pension established in accordance with section 64.1.

1987, c. 47, s. 153; 1989, c. 76, s. 13.

99.15. In no case may the amount of the pension payable under Division II, increased by the amount established under subparagraph 1 of the first paragraph of section 99.11, exceed 70% of the average pensionable salary used in computing the pension.

1987, c. 47, s. 153.

99.16. (Repealed).

1987, c. 47, s. 153; 1987, c. 107, s. 258; 1988, c. 82, s. 148; 1990, c. 87, s. 105; 1997, c. 50, s. 93; 2001, c. 31, s. 390; 2007, c. 43, s. 124.

99.17. If the officer dies before the date on which his pension becomes payable, the pension granted to the spouse and children under sections 76 and 78 is computed without taking into account the amounts provided for in the first paragraph of section 99.11.

1987, c. 47, s. 153.

§ 3.1 . — Redemption of a paid training period

2000, c. 32, s. 77.

99.17.1. Provided the officer’s application is received by the Commission before 1 July 2011, an officer is entitled to pension credit computed in relation to the years or parts of a year of past service as a paid trainee, by counting such years or parts of a year under the plan.

The categories of employees and the rules, terms and conditions applicable to have years or parts of a year of past service as a paid trainee counted, the years or parts of a year of service that may be counted and their number, which may vary according to the category of employees, shall be determined by regulation made under subparagraph 11.3 of the first paragraph of section 134 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

2000, c. 32, s. 77; 2004, c. 39, s. 209; 2010, c. 29, s. 35.

99.17.2. The years and parts of a year of service for which pension credit is granted under this subdivision shall be added solely for the purpose of eligibility for a pension, to the years of service credited to an officer under section 58.

2000, c. 32, s. 77.

99.17.3. Sections 88 and 90 to 95 and the second paragraph of section 95 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) shall apply to the pension credit obtained under section 99.17.1, with the necessary modifications.

2000, c. 32, s. 77; 2007, c. 43, s. 125.

99.17.4. The amount that an officer must pay to be entitled to a pension credit shall be determined according to the tariff established under section 95 of the Act respecting the Government and Public Employees Retirement Plan (chapter R‐10).

The amounts paid by an officer to acquire pension credit shall be paid into the Consolidated Revenue Fund.

2000, c. 32, s. 77; 2004, c. 39, s. 210.

99.17.5. The years and parts of a year of service for which pension credit is granted shall be added to the years of service credited to the officer to determine, in case of death, the right of the spouse to a pension even if the officer died before completing all the payments referred to in the second paragraph of section 95 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

2000, c. 32, s. 77; 2007, c. 43, s. 126.

99.17.6. Sections 73.1 to 73.7 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) shall apply, with the necessary modifications, to an officer who has acquired pension credit under this subdivision. Any reference to another provision of that Act is a reference to the corresponding provision of this Act.

2000, c. 32, s. 77.

99.17.7. The pension credit granted under this division to an officer who, following the application of section 215.0.0.1.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as it read on 31 December 2000, is a member of the Pension Plan of Management Personnel shall be paid under this Act.

For the purposes of this subdivision, the officer referred to in the first paragraph is deemed to retire on the date he or she retires under the Pension Plan of Management Personnel and the officer’s application for a pension filed under that plan is deemed to be an application for the payment of pension credit.

Sections 89, 89.2, 99.17.6 and 108.1 to 108.7 do not apply to the officer. Sections 59.2 to 59.5 of the Act respecting the Government and Public Employees Retirement Plan apply, with the necessary modifications.

2001, c. 31, s. 391; 2007, c. 43, s. 127.

§ 4 . — Application, actuarial valuations and funding

1987, c. 47, s. 153.

99.18. Except with respect to a person who has availed himself of it, subdivision 3 has effect until 30 June 1991. The measure provided in Chapter III of Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) shall cease to have effect with respect to persons who are entitled to avail themselves of the measures provided in subdivision 3 of this division until it ceases to have effect.

To be entitled to avail himself of the measures provided in subdivision 3, the officer must apply therefor, retire and cease to be an officer within the meaning of the plan before the subdivision ceases to have effect. Furthermore, to be entitled to avail himself of those measures, a pensioner contemplated in the second paragraph of section 99.10 must apply therefor before subdivision 3 ceases to have effect.

1987, c. 47, s. 153; 1988, c. 82, s. 149; 1989, c. 76, s. 14.

99.19. (Repealed).

1987, c. 47, s. 153; 1989, c. 76, s. 15.

99.20. (Repealed).

1987, c. 47, s. 153; 1989, c. 76, s. 15.

99.21. (Repealed).

1987, c. 47, s. 153; 1989, c. 76, s. 16; 1991, c. 14, s. 41; 2006, c. 55, s. 45.

DIVISION II.2 TEMPORARY MEASURES

1997, c. 7, s. 33.

§ 1 . — Applicability and miscellaneous provisions

1997, c. 7, s. 33.

99.22. This division applies to every officer whose application to that effect is received by the Commission on or before 11 July 1997 and who

(1)  has never availed himself and is not availing himself of the measures respecting early retirement provided for in Division III of Chapter V.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or Chapter III of Title IV of that Act;

(2)  has not, before 19 December 1996, entered into an agreement with his employer within the scope of measures designed to reduce personnel or of any other measure designed to promote retirement or, where applicable, waives such an agreement entered into after 18 December 1996 within the scope of measures in force before that date;

(3)  retires and ceases to be covered by this plan before 3 July 1997.

1997, c. 7, s. 33; 1997, c. 50, s. 94.

99.23. An officer who meets the requirements of paragraphs 1 and 2 of section 99.22 and who is eligible for a pension under this division before 2 July 1997 may cease to participate in the plan, retire and avail himself of the provisions of that division not later than 2 July 1997 or if he has sent to the Commission, within 30 days from the date of receipt of a statement of his benefits under the plan sent by the Commission for the application of the measures provided for in this division, an application for an estimate of his pension, at the end of a 30-day period after the date of receipt of an estimate of his pension made by the Commission, whichever is later.

The Government may, by regulation, determine in what cases and subject to what terms and conditions an officer may avail himself of the provisions of this division on a date subsequent to 2 July 1997.

1997, c. 7, s. 33; 1997, c. 50, s. 95.

99.24. The measures provided for in this division, except in respect of a person who has availed himself thereof, apply until 2 July 1997, subject to the provisions of this subdivision.

1997, c. 7, s. 33.

§ 2 . — Temporary criteria of eligibility for a pension

1997, c. 7, s. 33.

99.25. Notwithstanding section 56, a pension shall be granted to every officer who

(1)  has, in years of age and years of service, a combined total of 80 or more, if he is at least 50 years of age;

(2)  has attained 60 years of age;

(3)  is no longer able to perform his regular functions because of physical or mental disability;

(4)  has at least 10 years of service and is 50 years of age or over.

The officer is required to be a member of the plan at the time he retires under any of the criteria listed above.

1997, c. 7, s. 33.

99.26. In the case described in subparagraph 4 of the first paragraph of section 99.25, the officer’s pension is reduced for its duration by 1/4 of 1% per month, computed for each month comprised between the date on which the pension is granted and the nearest date on which the pension would otherwise have been granted to him without actuarial reduction under subparagraph 1 or 2 of the first paragraph of that section.

1997, c. 7, s. 33.

99.27. If an officer who could have availed himself of the measures provided for by this division dies before the measures cease to apply in his respect, the spouse’s pension shall be computed as if the officer had retired on the day of his death.

1997, c. 7, s. 33; 1997, c. 50, s. 96.

§ 3 . — Actuarial valuation

1997, c. 7, s. 33.

99.28. The Comité de retraite referred to in section 164 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) must request the Commission to cause to be prepared on or before 31 October 1998 by the actuaries it designates the valuation of additional actuarial commitments arising out of the introduction of the temporary criteria of eligibility for a pension provided for in subdivision 2 and of the actuarial reductions which will not be made pursuant to that subdivision.

1997, c. 7, s. 33.

DIVISION III TRANSFER OF CONTRIBUTIONS

100. In this division, the word “officer” means every person to whom this division applies.

1965 (1st sess.), c. 15, s. 33.

101. This division shall apply to every person to whom Division II became applicable after 8 December 1960.

1965 (1st sess.), c. 15, s. 33.

102. An officer may, within the year following the date on which this division becomes applicable to him, transfer as a contribution towards an additional pension, an amount derived from his former membership in a retirement plan or in a deferred profit-sharing plan. The receipt of such amount by the officer shall deprive him of the right to such transfer.

1965 (1st sess.), c. 15, s. 33; 1983, c. 24, s. 56.

103. (Repealed).

1965 (1st sess.), c. 15, s. 33; 1983, c. 24, s. 57.

104. The amount of the additional pension payable at the age of sixty-five years or, in the case of a female person, at the age of sixty years, shall be equal to the amount indicated in schedule VI opposite the age of the officer on the date of transfer of the contribution for a person of his sex, multiplied by the ratio which such contribution bears to $1,000.

When the additional pension becomes payable before the officer reaches the age of sixty-five years or, in the case of a female person, sixty years, the amount thereof shall be reduced by 0.5% for each month remaining before such age is reached.

When the additional pension becomes payable after the officer has reached the age of sixty-five years or, in the case of a female person, sixty years, the amount thereof shall be increased by 0.5% for each month elapsed after such age.

1965 (1st sess.), c. 15, s. 33; 1985, c. 18, s. 50.

105. Sections 68 and 74 to 80 apply to the additional pension as if it were a pension under Division II.

1965 (1st sess.), c. 15, s. 33; 1983, c. 24, s. 58.

106. If an officer resigns or is dismissed, or if his office is abolished, before a pension, other than a deferred pension, becomes payable to him under Division II, the amount of his transferred contribution must be returned to him.

Nevertheless, when an officer is entitled to a deferred pension under section 83, he may, before reimbursement of his transferred contribution, elect to take an additional pension deferred until the same time.

1965 (1st sess.), c. 15, s. 33; 1983, c. 24, s. 59.

107. If the officer dies before an additional pension becomes payable and without any additional pension being payable to the spouse or the children, the amount of the transferred contribution must be reimbursed.

However if, at the time of death, he is no longer an officer for the purposes of the plan provided for by Division II, the contributions shall be reimbursed to his spouse or, if he has no spouse, to his successors.

1965 (1st sess.), c. 15, s. 33; 1982, c. 17, s. 73; 1983, c. 24, s. 59; 1990, c. 5, s. 41; 1995, c. 46, s. 31.

108. No transferred contribution shall be reimbursed except in the cases mentioned in sections 106 and 107.

1965 (1st sess.), c. 15, s. 33.

DIVISION III.1 PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1990, c. 5, s. 42.

108.1. From the introduction of an application for separation from bed and board, divorce or marriage annulment, for the dissolution or annulment of a civil union or for the payment of a compensatory allowance, the officer or former officer and his or her spouse are entitled to obtain, upon application to the Commission on the conditions and according to the terms prescribed by regulation, a statement setting out the value of the benefits accrued by the officer or former officer under the plans provided for in this Act, the value of such benefits for the period of the marriage or civil union and any other information determined by regulation.

The officer or former officer and his or her spouse are also entitled to obtain such a statement, upon application to the Commission on the conditions and according to the terms 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.

1990, c. 5, s. 42; 1995, c. 70, s. 56; 2002, c. 6, s. 191.

108.2. For the purposes of their partition and assignment, the benefits accrued under the plans provided for in this Act shall be established according to the rules fixed by regulation, which may differ from the rules otherwise applicable under this Act and under Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). The benefits shall be assessed in accordance with the actuarial rules, assumptions and methods determined by 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.

1990, c. 5, s. 42; 1995, c. 70, s. 57; 2002, c. 6, s. 192.

108.3. The Commission, upon an application made on the conditions and according to the terms prescribed by regulation, shall pay the sums awarded to the spouse. The regulation may also prescribe rules, conditions and terms for the payment of such sums and, where applicable, the interest payable thereon.

1990, c. 5, s. 42.

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

1990, c. 5, s. 42.

108.5. Following payment of the sums awarded to the spouse of the officer or former officer, every sum payable under the plans provided for by this Act with respect to the membership of the officer or former officer, including the sum payable under section 10 or 65 shall be reduced in accordance with the actuarial rules, assumptions and methods prescribed by regulation, which may vary according to the nature of the benefit from which such sum is derived.

1990, c. 5, s. 42.

108.6. Where, following a separation from bed and board, the value of the benefits accrued by the officer or former officer under the plans provided for in this Act has been 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 he could claim in his quality as spouse, unless the spouses resume living together.

1990, c. 5, s. 42.

108.7. Chapter IV of Title III of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) does not apply to decisions rendered by the Commission concerning the establishment and assessment of the benefits accrued under the plans provided for in this Act. Any other decision rendered by the Commission pursuant to this division may be contested by the officer or former officer and his spouse in the manner provided for the plans established under this Act.

1990, c. 5, s. 42.

DIVISION IV REGULATIONS

1983, c. 24, s. 60.

109. The Government may, by regulation, after the Commission has consulted the pension committee,

(1)  (paragraph repealed);

(2)  determine the bonuses, allowances, compensations or other additional remuneration that are included in the basic salary defined in section 19 or 51;

(3)  determine, for the purposes of paragraph 1 of section 53, the classes and conditions of employment and the remuneration or mode of remuneration by reason of which an officer is excluded from the plan provided for in Division II;

(3.1)  determine, for the purposes of section 61.1, the circumstances in which another salary may be established and the terms and conditions relating to the application of such salary;

(4)  (paragraph repealed);

(5)  determine, for the purposes of sections 62.9 and 62.21, the days and parts of a day that are not included in the contributory period;

(6)  (paragraph repealed);

(6.1)  determine, for the purposes of section 62.12, the daily factor applicable to the salary, which may vary with the class of officers and the terms of payment of the salary that apply;

(6.2)  determine, for the purposes of section 62.22, the method of establishing the contributory period of an officer who simultaneously holds more than one pensionable employment under the plan in a year;

(7)  determine, for the purposes of this Act, the actuarial assumptions and methods to be used to establish the actuarial value;

(8)  designate, for the purposes of section 78, the other educational institutions;

(8.0.1)  determine, for the purposes of section 82.4, the information the waiver or revocation notice must contain;

(8.1)  (paragraph repealed);

(8.1.1)  determine, for the purposes of section 99.9.1, the circumstances due to which an agreement is suspended;

(8.1.2)  determine, for the purposes of section 99.9.4, the circumstances due to which an agreement becomes null or terminates and, for each circumstance, determine the pensionable salary, the annualized pensionable salary, the service credited and the contributions; prescribe the terms and conditions on which an officer may be credited with service not recognized by reason of any such circumstance;

(8.2)  determine the terms and conditions of the applications required under Division III.1;

(8.3)  fix, for the purposes of section 108.1, the information which must be contained in the statement setting out the value of the benefits accrued by the officer or former officer;

(8.4)  fix, for the purposes of section 108.2, the rules which apply to the establishment of the benefits accrued under the plans provided for in this Act, which may differ from the rules otherwise applicable under this Act and under Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10); determine, for the purposes of the said section, the actuarial rules, assumptions and methods which apply to the assessment of accrued benefits and which may vary according to the nature of the benefits;

(8.5)  determine, for the purposes of section 108.3, the rules and the terms and conditions of payment of the sums awarded to the spouse and, where applicable, the interest payable thereon;

(8.6)  prescribe, for the purposes of section 108.5, the actuarial rules, assumptions and methods for reducing any sum payable under the plans provided for by this Act, which may vary according to the nature of the benefit from which such sum is derived;

(8.7)  establish, for the purposes of section 111.0.2, the limit applicable to the pensionable salary and to the service credited, the rules and procedures for computing the pension, and the conditions governing the application of those limits, rules and procedures;

(8.8)  establish, for the purposes of section 111.0.3, the periods of absence that may be credited for each type of absence and in total;

(9)  (paragraph repealed).

1965 (1st sess.), c. 15, s. 33; 1983, c. 24, s. 60; 1985, c. 18, s. 51; 1986, c. 44, s. 103; 1987, c. 47, s. 154; 1987, c. 107, s. 259; 1988, c. 82, s. 150; 1990, c. 32, s. 46; 1990, c. 5, s. 43; 1991, c. 14, s. 42; 1992, c. 67, s. 86; 2000, c. 32, s. 78; 2002, c. 30, s. 104; 2004, c. 39, s. 211; 2006, c. 55, s. 46; 2006, c. 49, s. 126; 2007, c. 43, s. 128; 2008, c. 25, s. 76; 2009, c. 56, s. 16.

110. (Repealed).

1965 (1st sess.), c. 15, s. 33 (part); 1966, c. 6, s. 17; 1973, c. 12, s. 183; 1974, c. 10, s. 26; 1977, c. 5, s. 14; 1982, c. 51, s. 116; 1983, c. 24, s. 60; 1987, c. 47, s. 155.

DIVISION V MISCELLANEOUS AND TRANSITIONAL PROVISIONS

1983, c. 24, s. 60.

111. The Commission administrative des régimes de retraite et d’assurances is responsible for the administration of the pension plans provided for in this Act.

No person may claim to have a benefit, advantage or reimbursement provided for by the plans if he has not applied therefor to the Commission.

Even in the absence of an application for payment, any benefit payable under the pension plans provided for in this Act shall be paid on or before 31 December of the year in which the officer attains 69 years of age or, where he continues to hold pensionable employment under the plan on that date, from the date on which he retires.

1977, c. 22, s. 52; 1983, c. 24, s. 60; 1997, c. 50, s. 97.

111.0.1. Where an application for redemption of years or parts of a year is made to the Commission under the plans provided for in this Act, the Commission shall send to the officer a redemption proposal valid for a period of 60 days from the date it is made.

The application for redemption is deemed never to have been made if the Commission does not receive from the officer before the 60-day period expires a notice to the effect that he accepts the proposal.

In addition, the application is deemed never to have been made if the lump sum payment of the cost of redemption is not made before the 60-day period expires, where such a payment is exigible owing to the choice made by the officer or by operation of law. Where payment is exigible by instalments and the officer fails to make a payment, the application for redemption is deemed never to have been made in respect of the service for which payments have not been made if the officer does not make the payment which has become overdue within 30 days after the date of a notice from the Commission to that effect. In that case, the most recent service is credited first.

No interest is computed for the period during which the redemption proposal provided for in the first paragraph is valid. Where the Commission refuses the redemption of years or parts of years and a contrary decision is made following a review or arbitration based on the data contained in the record at the time of the refusal, no interest is computed in respect of such years or parts of years between the date of the refusal and the date on which the redemption proposal expires.

1990, c. 87, s. 101; 1991, c. 77, s. 103; 1992, c. 67, s. 87; 1993, c. 41, s. 43; 1993, c. 74, s. 19; 1994, c. 20, s. 25; 1997, c. 43, s. 634; 2002, c. 30, s. 105; 2007, c. 43, s. 129.

111.0.1.1. Notwithstanding section 111.0.1, an officer who makes an application for review in the period during which the redemption proposal is valid is not bound to accept it during that period, or to make payments, until a final decision has been made on his application. After the decision of the pension committee or the arbitrator has been sent, the Commission administrative des régimes de retraite et d’assurances shall send a notice to the officer which, as of the date of the redemption proposal, repeats or modifies that proposal, and section 111.0.1 applies.

Any unpaid amount in respect of the redemption proposal bears interest, compounded annually and payable according to the same terms and conditions as the redemption, from the date of that proposal until the date of the Commission’s notice. The rate is that provided for in Schedule VII to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and in force on the date the application for redemption is received, unless interest is otherwise payable for that period by operation of law.

1993, c. 74, s. 20; 1997, c. 43, s. 851; 2004, c. 39, s. 212; 2006, c. 49, s. 126.

111.0.2. Despite any inconsistent provision of this Act, no benefit resulting from the redemption under the plan provided for in Division II of years or parts of years prior to 1 January 1990 may exceed the defined benefit limit applicable in respect of such years or parts of years under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

For the purposes of the first paragraph, the Government may establish by regulation the limit applicable to the pensionable salary for the purpose of establishing the cost of redemption, the limit applicable to the service that may be credited, the rules and procedures for computing that part of the pension that relates to the years and parts of years redeemed, and the conditions governing the application of those limits, rules and procedures.

1992, c. 67, s. 88; 2004, c. 39, s. 213.

111.0.3. The periods of absence of an officer occurring after 31 December 1991 which may be credited under the plan provided for in Division II are, for each type of absence and in total, determined by regulation.

1992, c. 67, s. 88.

111.1. The Government may, by order, amend Schedules I, II and IV. Any such order may have effect twelve months or less before its adoption.

1985, c. 18, s. 52.

111.2. The Government may, with respect to participants, establish a plan which provides for supplementary benefits as

(1)  minimum benefits granted to the beneficiary of a pension;

(2)  benefits for physical or mental disability, within the meaning of the supplementary benefits plan, payable to the officer who is not totally and permanently disabled within the meaning of subparagraph 3 of the first paragraph of section 56.

Benefits accumulated during the marriage or civil union under the supplementary benefits plan form part of the family patrimony established under the Civil Code. In that respect, the Government may render the rules contained in Division III.1 or enacted under the provisions of that chapter applicable to the plan. It may also enact special rules concerning the determination and evaluation of the supplementary benefits so granted.

The amounts paid under the supplementary benefits plan are inalienable and unseizable. However, they are unseizable only up to 50% in the case of partition of the family patrimony between married or civil union spouses, the payment of support or the payment of a compensatory allowance.

An order under the first or second paragraph may have effect up to 12 months before the date on which it is made.

2000, c. 32, s. 79; 2002, c. 6, s. 193.

112. (Repealed).

1977, c. 22, s. 52; 1983, c. 24, s. 60; 1987, c. 107, s. 260; 1988, c. 82, s. 151; 1990, c. 87, s. 102; 1992, c. 67, s. 89; 2002, c. 30, s. 106.

112.1. (Repealed).

1986, c. 44, s. 104; 1987, c. 47, s. 156; 1990, c. 32, s. 47; 1990, c. 87, s. 103; 1992, c. 67, s. 90; 1997, c. 50, s. 98; 2002, c. 30, s. 106.

112.2. Notwithstanding section 99.5, every officer who was granted a maternity leave may be credited, without contributions, with the days of a maternity leave in progress on 1 July 1973 or having begun after that date but having ended before 1 July 1976, up to 90 contributory days.

A female officer may be credited, without contributions, with the days and parts of a day of a maternity leave in progress on 1 July 1983 or beginning not later than 31 December 1988, up to 130 contributory days.

To be credited with the days of the maternity leave, the officer referred to in the first paragraph is required to have contributed to the Teachers Pension Plan or the plan provided for in Division II, as the case may be, in the 12 months preceding the beginning of the maternity leave, and to have again contributed to the Teachers Pension Plan or the plan provided for in Division II within two years following the year in which the maternity leave ended even if, in the latter case, the officer referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time she again contributed.

The contributions paid by the officer referred to in the first paragraph to redeem the maternity leave pursuant to the provisions relating to the redemption of a period of absence without pay are reimbursed without interest.

1988, c. 82, s. 152; 1997, c. 7, s. 34; 2002, c. 30, s. 107.

113. All sums paid or reimbursed under this Act are inalienable and unseizable.

1977, c. 22, s. 52; 1977, c. 5, s. 14; 1983, c. 24, s. 60; 1985, c. 18, s. 53; 1987, c. 107, s. 261.

114. The Commission shall pay the amounts collected under this Act into the Consolidated Revenue Fund, except the amounts contemplated in section 72.1, which shall be paid into the Caisse de dépôt et placement du Québec.

The sums of money required for the application of this Act shall be taken, in equal shares, out of the amounts paid into the Caisse de dépôt et placement du Québec under the first paragraph and out of the Consolidated Revenue Fund. If the amounts paid into the Caisse de dépôt et placement du Québec are not sufficient, the sums required to offset that deficiency shall be taken out of the Consolidated Revenue Fund.

1982, c. 33, s. 36; 1983, c. 24, s. 60; 1989, c. 73, s. 8; 1996, c. 53, s. 51; 2006, c. 49, s. 113.

114.1. Sections 56 and 84, the first paragraph of section 90 and the ninth paragraph of section 96 apply notwithstanding the provisions of section 10 of the Charter of human rights and freedoms (chapter C-12).

Sections 56 and 84 have effect despite section 15 of the Constitution Act, 1982 (Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

The exception relating to the first paragraph of section 90 and to the ninth paragraph of section 96 applies from 27 June 1975 in respect of the Charter of human rights and freedoms and from 17 April 1985 in respect of the Constitution Act, 1982.

1986, c. 44, s. 105; 1991, c. 14, s. 43; 1996, c. 10, s. 8; 2001, c. 31, s. 392; 2004, c. 39, s. 214; 2009, c. 56, s. 17.

114.2. (Repealed).

1987, c. 47, s. 157; 1991, c. 14, s. 44.

115. The second paragraphs of sections 2 and 56, to the extent that they add the words “for its duration”, have effect from 13 June 1969.

1982, c. 33, s. 36; 1983, c. 24, s. 60.

116. (Repealed).

1982, c. 21, s. 1; 1983, c. 24, s. 60; 1988, c. 82, s. 153; 1990, c. 32, s. 48; 2002, c. 30, s. 106.

116.1. Sections 66.1, 66.2, 111.0.1, 112, 112.1 and 116, as they read on 31 May 2001, continue to apply to an officer who agreed to a redemption proposal before 1 June 2001 and in whose respect the third paragraph of section 111.0.1, as it read on 31 May 2001, applies as of or after that date. However, except in the case of section 112, the interest rate applicable to the cost of redemption paid by instalments is the rate provided for in Schedule VII to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). In addition, section 66.0.1 does not apply to that officer.

2002, c. 30, s. 108.

117. Section 5, to the extent that it refers to sections 63.1 and 63.3, and sections 63.1 and 63.3 as they read before 1 January 2010 apply to any pension granted after 30 June 1983 if the officer ceased his duties, retired or died after that date but before 1 January 2010.

They also apply for the computation of the pension granted to the spouse and to the child after 30 June 1983 but before 1 January 2010 if no pension or deferred annuity was granted to the officer before 30 June 1983.

Sections 3 and 63, before being replaced by the Act to amend pension plans and various legislation (1983, chapter 24), continue to apply to any other pension.

1983, c. 24, s. 60; 2008, c. 25, s. 77.

118. Section 25, to the extent that it refers to sections 78 and 79, and section 78 and 79 do not apply to a pension that becomes payable after 30 June 1983.

1983, c. 24, s. 60.

119. (Repealed).

1983, c. 24, s. 60; 1990, c. 32, s. 49.

119.1. An officer who ceases to be an officer within the meaning of the plan for any period during which he does not hold pensionable employment and who ceases to participate in the plan before 1 January 1989 is deemed, notwithstanding section 55.1, to have ceased to participate on the day he ceased to be an officer within the meaning of the plan.

1988, c. 82, s. 154.

119.2. (Repealed).

1988, c. 82, s. 154; 2007, c. 43, s. 130.

119.3. (Repealed).

1988, c. 82, s. 154; 1989, c. 76, s. 17; 2007, c. 43, s. 130.

119.4. (Repealed).

1988, c. 82, s. 154; 2007, c. 43, s. 130.

120. The Government shall designate the Minister responsible for the administration of this Act.

1983, c. 24, s. 60.

The Minister Responsible for Government Administration and Chair of the Conseil du trésor is responsible for the administration of this Act. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

121. (This section ceased to have effect on 1 July 1988).

1983, c. 24, s. 60; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE I

(Section 54)

(1) THE EMPLOYEES OF THE FOLLOWING BODIES:

the Régie de l’énergie, in respect of the employees referred to in section 150 of the Act respecting the Régie de l’énergie (chapter R-6.01)

the Société des alcools du Québec

the Syndicat national du rachat des rentes seigneuriales

(2) THE MEMBERS OF THE FOLLOWING BODIES:

the Commission de la fonction publique

the Commission municipale du Québec

the Commission des normes du travail

the Commission de police du Québec, except the president and any other member who is a judge

the Commission des transports

Hydro-Québec, in respect of those members appointed before 1 July 1973 and in office on 1 October 1978, if appointed to the board of directors of the corporation

the Financière agricole du Québec

the Office du drainage

the Financière agricole du Québec, in respect of those who hold office on a full time basis

the Régie du cinéma in respect of a member who formerly was the president thereof

the Régie de l’énergie

the Régie des alcools, des courses et des jeux

the Régie des marchés agricoles et alimentaires du Québec

the Société d’habitation du Québec

the Société des loteries et courses du Québec until the expiry of their term in progress on 14 February 1979

(3) THE PRESIDENT OR CHAIR OF EACH OF THE FOLLOWING BODIES:

the Caisse de dépôt et placement du Québec

the Commission d’aménagement de Québec

the Commission des services juridiques

the Conseil des affaires sociales et de la famille

the Régie de l’assurance maladie du Québec

the Régie des rentes du Québec

the Société québécoise d’exploration minière

(4) THE VICE-PRESIDENT OR VICE-CHAIR OF EACH OF THE FOLLOWING BODIES:

the Commission d’aménagement de Québec

the Commission des services juridiques

(5) THE DIRECTOR GENERAL OF EACH OF THE FOLLOWING BODIES:

the Centre de recherche industrielle du Québec

the Société des alcools du Québec

(6) THE SECRETARY OF EACH OF THE FOLLOWING BODIES:

the Commission de police du Québec

the Conseil de la faune

the Conseil québécois du tourisme

the Société de télédiffusion du Québec

(7) THE MANAGER OF MUNICIPALITÉ DE CÔTE-NORD-DU-GOLFE-DU-SAINT-LAURENT

(8) THE MANAGER OF THE COMMISSION SCOLAIRE DU LITTORAL

(9) THE DELEGATES-GENERAL OF QUÉBEC

(10) THE EMPLOYEES OF THE CENTRE DE RECHERCHE INDUSTRIELLE DU QUÉBEC

(11) THE PUBLIC SERVANTS AND EMPLOYEES APPOINTED BY THE PUBLIC PROTECTOR

(12) (PARAGRAPH REPEALED).

(13) THE PERSON APPOINTED IN ACCORDANCE WITH THE PUBLIC SERVICE ACT (CHAPTER F-3.1.1)

(14) THE CHAIR OF THE BOARD OF DIRECTORS OF THE SOCIÉTÉ DE RÉCUPÉRATION, D’EXPLOITATION ET DE DÉVELOPPEMENT FORESTIERS DU QUÉBEC IF HE IS A MEMBER OF THE PUBLIC SERVICE

(15) THE PRESIDENT AND GENERAL MANAGER, THE PUBLIC SERVANTS AND EMPLOYEES OF THE SOCIÉTÉ DE TÉLÉDIFFUSION DU QUÉBEC

(16) THE SECRETARY GENERAL OF THE NATIONAL ASSEMBLY AND THE AUDITOR GENERAL.

1985, c. 18, s. 54; 1983, c. 37, s. 206; O.C. 1669-86 of 12.11.86, (1986) 118 G.O. 2, 2694; 1987, c. 47, s. 158; 1988, c. 23, s. 73; 1988, c. 8, s. 96; 1990, c. 13, s. 217; 1990, c. 42, s. 58; 1990, c. 46, s. 49; 1992, c. 67, s. 91; 1992, c. 24, s. 7; 1992, c. 32, s. 43; 1993, c. 39, s. 95; 1996, c. 2, s. 860; 1996, c. 20, s. 36; 1996, c. 61, s. 157, s. 131; 1997, c. 36, s. 14; 1997, c. 83, s. 38; 1999, c. 89, s. 53; 2000, c. 8, s. 242; 2000, c. 53, s. 66; 2006, c. 49, s. 127.

SCHEDULE II

(Section 54)

(1) THE EMPLOYEES OF THE FOLLOWING BODIES:

the Conseil des arts et des lettres du Québec

the École nationale de police du Québec

the Fonds de la recherche en santé du Québec

Investissement Québec

La Financière agricole du Québec, in respect of employees covered by the Regulation respecting conditions for the hiring and remuneration of persons hired by La Financière agricole du Québec for the sale of insurance and the appraisal of crops (R.R.Q., 1981, c. A-30, r. 1)

La Financière du Québec

the Office des professions du Québec

the Société du parc industriel et portuaire de Bécancour

the Société immobilière du Québec

(2) THE MEMBERS OF THE OFFICE DES PROFESSIONS DU QUÉBEC

(2.1) THE FULL-TIME MEMBERS OF THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC ESTABLISHED UNDER THE ACT RESPECTING ADMINISTRATIVE JUSTICE (CHAPTER J-3), OTHER THAN PERSONS REFERRED TO BOTH IN THE FOURTH PARAGRAPH OF SECTION 65 OF CHAPTER 31 OF THE STATUTES OF 1973 AND IN PART V.1, VI OR VI.1 OF THE COURTS OF JUSTICE ACT (CHAPTER T-16)

(3) THE PRESIDENT OR CHAIR OF EACH OF THE FOLLOWING BODIES:

the Conseil des arts et des lettres du Québec

the Conseil de la Science et de la Technologie

the Fonds de la recherche en santé du Québec

the Office des professions du Québec

the Société immobilière du Québec

(4) THE GENERAL DIRECTOR OF EACH OF THE FOLLOWING BODIES:

the Fonds de la recherche en santé du Québec

(5) THE DIRECTOR GENERAL AND EMPLOYEES OF A MUSEUM ESTABLISHED UNDER THE NATIONAL MUSEUMS ACT (CHAPTER M-44)

(6) THE EXECUTIVE SECRETARY OR A MEMBER OF THE OFFICE STAFF OF THE LIEUTENANT-GOVERNOR

(7) THE MEMBERS OF THE PERSONNEL OF A MINISTER OR OF A PERSON REFERRED TO IN SECTION 124.1 OF THE ACT RESPECTING THE NATIONAL ASSEMBLY (CHAPTER A-23.1) WHO ARE ASSURED OF BEING REINTEGRATED INTO A POSITION COVERED BY THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN, THE TEACHERS PENSION PLAN OR THE CIVIL SERVICE SUPERANNUATION PLAN UNDER AN ACT OR A REGULATION OR UNDER THEIR CONDITIONS OF EMPLOYMENT ON THE DATE OF TERMINATION OF THEIR EMPLOYMENT IN THAT CAPACITY

(8) THE SECRETARY OF THE OFFICE DES PROFESSIONS DU QUÉBEC

(9) (PARAGRAPH REPEALED)

(10) CASUAL EMPLOYEES OF THE NATIONAL ASSEMBLY

1985, c. 18, s. 54; 1987, c. 47, s. 159; 1988, c. 21, s. 132; 1990, c. 32, s. 50; 1990, c. 42, s. 59; T.B. 175251 of 06.11.90, (1990) 122 G.O. 2, 3155; T.B. 175305 of 06.11.90, (1990) 122 G.O. 2, 3155; T.B. 179668 of 17.03.92, (1992) 124 G.O. 2, 1940; 1992, c. 66, s. 46; 1997, c. 35, s. 15; 1997, c. 43, s. 635; 1998, c. 17, s. 62; 1998, c. 46, s. 81; 2000, c. 12, s. 328; 2000, c. 53, s. 66; 2001, c. 8, s. 36; 2001, c. 69, s. 12; 2006, c. 49, s. 127.

SCHEDULE III

(Section 63.6)

(1) THE MEMBERS OF THE FOLLOWING BODIES:

the Bureau de révision de l’évaluation foncière du Québec, except the persons contemplated both in the fourth paragraph of section 65 of chapter 31 of the statutes of 1973 and in Part V.1, VI or VI.1 of the Courts of Justice Act (chapter T-16)

the Commission de la fonction publique

the Commission municipale du Québec

the Commission des normes du travail

the Commission des transports

the Commission des valeurs mobilières du Québec, appointed after 7 July 1971, except those members who hold office during pleasure

Hydro-Québec

La Financière agricole du Québec

the Office du drainage

La Financière agricole du Québec holding office on a full time basis

the Régie des alcools, des courses et des jeux

the Régie des marchés agricoles et alimentaires du Québec

the Société d’habitation du Québec

the Société des loteries et courses du Québec, until the expiry of their term in progress on 14 February 1979

(2) THE PRESIDENT OR CHAIR OF EACH OF THE FOLLOWING BODIES:

the Caisse de dépôt et placement du Québec

the Commission d’aménagement de Québec

the Commission des services juridiques

the Office des professions du Québec

the Régie de l’assurance maladie du Québec

the Régie des rentes du Québec

the Société québécoise d’exploration minière

(3) THE VICE-PRESIDENT OR VICE-CHAIR OF EACH OF THE FOLLOWING BODIES:

the Commission d’aménagement de Québec

the Commission des services juridiques

(4) THE DIRECTOR GENERAL OF EACH OF THE FOLLOWING BODIES:

the Société des alcools du Québec

(5) THE SPECIAL ADVISER TO THE MINISTÈRE DU CONSEIL EXÉCUTIF IF THE DEED OF APPOINTMENT INDICATES THAT THE PUBLIC SERVANT IS ENTITLED TO AN ADDITION OF 10 YEARS

(6) THE DELEGATES-GENERAL OF QUÉBEC

(7) THE EXECUTIVE SECRETARY OF THE OFFICE OF THE LIEUTENANT-GOVERNOR

(8) THE EXECUTIVE SECRETARY OF THE OFFICE OF THE PRIME MINISTER

(9) (PARAGRAPH REPEALED)

(10) THE CHAIR OF THE BOARD OF DIRECTORS OF THE SOCIÉTÉ DE RÉCUPÉRATION, D’EXPLOITATION ET DE DÉVELOPPEMENT FORESTIERS DU QUÉBEC IF HE IS A MEMBER OF THE PUBLIC SERVICE

(11) THE PRESIDENT AND GENERAL MANAGER OF THE SOCIÉTÉ DE TÉLÉDIFFUSION DU QUÉBEC

(12) THE SECRETARY OF THE CONSEIL DU TRÉSOR

(13) THE SECRETARY GENERAL OF THE NATIONAL ASSEMBLY

(14) THE ASSOCIATE SECRETARY-GENERAL OF THE CONSEIL EXÉCUTIF WHOSE DEED OF APPOINTMENT ENTITLES HIM TO THE SAME RANK AND PRIVILEGES AS THOSE OF A DEPUTY MINISTER

(15) THE SECRETARY-GENERAL OF THE CONSEIL EXÉCUTIF

(16) THE ASSOCIATE DEPUTY MINISTER OF THE MINISTÈRE DE L’ÉDUCATION, DU LOISIR ET DU SPORT

(17) THE DEPUTY MINISTER OF A DEPARTMENT

(18) THE AUDITOR GENERAL

1985, c. 18, s. 54; 1987, c. 47, s. 160; 1988, c. 23, s. 99; 1988, c. 21, s. 133; 1988, c. 8, s. 94; 1990, c. 13, s. 217; 1990, c. 42, s. 60; 1990, c. 46, s. 49; 1992, c. 32, s. 43; 1993, c. 39, s. 95; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1996, c. 20, s. 36; 1998, c. 46, s. 82; 1999, c. 89, s. 53; 2000, c. 53, s. 66; 2001, c. 8, s. 37; 2005, c. 28, s. 195; 2006, c. 49, s. 127.

SCHEDULE IV

(Section 72)

EMPLOYERS REQUIRED TO PAY THE SHARE REFERRED TO IN THE SECOND PARAGRAPH OF SECTION 72

the Caisse de dépôt et placement du Québec

the Centre d’Insémination artificielle du Québec (C.I.A.Q.) inc.

the Commission des normes du travail

the Commission de la santé et de la sécurité du travail

the Fondation pour le développement de la science et de la technologie

the Fonds de la recherche en santé du Québec

the Régie de l’assurance maladie du Québec

the Régie des rentes du Québec

the Société des alcools du Québec

the Société de l’assurance automobile du Québec

the Société de gestion du réseau informatique des commissions scolaires

the Société immobilière du Québec

the Société des loteries du Québec

the Société du parc industriel et portuaire de Bécancour

the town of Vaudreuil in respect of employees who were, on 31 May 1981, employees of the Station expérimentale de Vaudreuil

1983, c. 24, s. 61; 1984, c. 48, s. 14; 1985, c. 18, s. 55; 1990, c. 32, s. 51; 1990, c. 19, s. 11; 1990, c. 42, s. 61; 1990, c. 46, s. 49; 1992, c. 44, s. 74; 1992, c. 67, s. 92; 1992, c. 66, s. 47; 1993, c. 74, s. 21; 1997, c. 83, s. 38; 1997, c. 43, s. 636; 1997, c. 63, s. 123; 1999, c. 89, s. 53.

SCHEDULE IV.1

(Section 72.1)

EMPLOYERS FOR WHOM THE GOVERNMENT ASSUMES PAYMENT OF THE EMPLOYER’S CONTRIBUTORY AMOUNTS IN RESPECT OF THE OFFICERS CONTEMPLATED BY SECTION 72.1

the Commission des droits de la personne et des droits de la jeunesse

public institutions and health and social service councils within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5)

public institutions and health and social services agencies referred to in the Act respecting health services and social services (chapter S-4.2)

the Government

the Office des personnes handicapées du Québec

the Office des services de garde à l’enfance

the bodies in the sector of the Ministère de la Santé et des Services sociaux which are listed in the agreement entered into within the framework of the Canada Assistance Plan (Revised Statutes of Canada, 1985, chapter C-1) between the government of Canada and that of Québec.

1989, c. 73, s. 9; 1992, c. 21, s. 296, s. 375; 1992, c. 67, s. 93; 1994, c. 23, s. 23; 1995, c. 27, s. 22; 2005, c. 32, s. 308.

SCHEDULE V

Table of instalments (Section 95)

The maximum number of years over which the payment of arrears of deductions may be spread pursuant to section 95 is that indicated opposite the number corresponding to the age of the officer at his last birthday. Such number of years must, however, in no case exceed five times the number of years of service for which the arrears of deductions are payable.

Age           Period                   Age             Period

31 (or under)   35                     48                22
32              34                     49                22
33              33                     50                21
34              33                     51                20
35              32                     52                19
36              31                     53                19
37              30                     54                18
38              30                     55                17
39              29                     56                17
40              28                     57                16
41              27                     58                15
42              27                     59                15
43              26                     60                14
44              25                     61                13
45              25                     62                13
46              24                     63                12
47              23                     64                12
                                       65                11
                                       66 (and over)     10    

R. S. 1964, c. 14, Schedule A; 1965 (1st sess.), c. 15, s. 34; 1983, c. 24, s. 62; 1985, c. 18, s. 56.

SCHEDULE VI

Additional pension constituted by a transferred contribution of $1,000 (section 104)

                                      ADDITIONAL PENSION

Age                                  Men               Women 

18                                  552.81             456.92
19                                  534.04             440.07

20                                  515.79             423.58
21                                  498.07             407.55
22                                  480.90             392.05
23                                  464.27             377.10
24                                  448.21             362.72
25                                  432.71             348.91
26                                  417.79             335.65
27                                  403.44             322.95
28                                  389.69             310.80
29                                  376.66             299.20

30                                  364.26             288.13
31                                  352.41             277.57
32                                  341.03             267.42
33                                  330.07             257.64
34                                  319.44             248.22

35                                  309.17             239.14
36                                  299.35             230.39
37                                  290.03             221.93
38                                  281.28             213.77
39                                  273.17             205.86

40                                  265.59             198.18
41                                  258.36             190.78
42                                  251.28             183.70
43                                  244.18             176.99
44                                  236.87             170.65

45                                  229.47             164.62
46                                  222.21             158.79
47                                  215.33             152.99
48                                  209.06             147.11
49                                  203.58             141.11

50                                  198.64             135.03
51                                  193.78             128.87
52                                  188.56             122.66
53                                  182.54             116.37
54                                  175.38             110.01

55                                  167.58             103.64
56                                  159.27              97.35
57                                  150.62              91.37
58                                  141.77              85.99
59                                  132.86              80.34

60                                  124.04                   
61                                  115.47                   
62                                  107.27                   
63                                   99.61                   
64                                   92.46                           

R. S. 1964, c. 14, Schedule B; 1965 (1st sess.), c. 15, s. 35; 1985, c. 18, s. 57.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 14 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except section 4a, the first paragraph of section 4c, sections 15, 38, 39 and 43, paragraph 15 of section 45, the first paragraph of section 46a, sections 47a, 48 and 73 and subparagraphs 1 to 5 of paragraph a and subparagraphs 1 to 5 of paragraph b of section 86, effective from the coming into force of chapter R-12 of the Revised Statutes.