R-9.1 - Act respecting the Pension Plan of Certain Teachers

Updated to 24 June 2002

This document has official status.

chapter R-9.1

Act respecting the Pension Plan of Certain Teachers

CHAPTER I ADMINISTRATION AND APPLICATION

DIVISION I ADMINISTRATION

1. The Commission administrative des régimes de retraite et d’assurances is responsible for the administration of the Pension Plan of Certain Teachers.

1986, c. 44, s. 1.

DIVISION II APPLICATION

2. This pension plan applies to a person who has never availed himself of the Act respecting pension coverage for certain teachers (chapter P-32.1) and who

(1)  is a member of the Government and Public Employees Retirement Plan, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Pension Plan of Management Personnel;

(2)  is receiving a pension or is entitled to a deferred annuity under any of the pension plans referred to in paragraph 1;

(3)  has obtained the refund of his contributions under any of the pension plans referred to in paragraph 1;

(4)  has never before been a member of any of the pension plans referred to in paragraph 1.

This plan does not apply if the person is a member of the Pension Plan of Peace Officers in Correctional Services. It applies, however, to a person to whom this Act has previously applied and to a person who has availed himself of section 38 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) if they hold pensionable employment under the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) or if they hold or again hold pensionable employment under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), unless they are pensioners under this plan, the Government and Public Employees Retirement Plan, the Pension Plan of Peace Officers in Correctional Services, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Pension Plan of Management Personnel.

1986, c. 44, s. 2; 1987, c. 47, s. 161; 1987, c. 107, s. 150; 1988, c. 82, s. 155; 1990, c. 87, s. 105; 2001, c. 31, s. 215.

3. The person referred to in the first paragraph of section 2 must be

(1)  a teaching religious laicized after 30 June 1965;

(2)  a teaching religious laicized before 1 July 1965 who, after being laicized, was not 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);

(3)  a former teaching religious laicized after 30 June 1965;

(4)  a lay teacher having taught in Québec at the primary, secondary or college level, in a private institution belonging to a religious community or to the secular clergy, or in a youth protection institution, who has never been a member of the pension fund of officers of education established by Part VIII of the Education Act; or

(5)  a laicized teacher having belonged to the secular clergy who has years of teaching to his credit with an educational institution designated in Schedule I to the Act respecting the Teachers Pension Plan (chapter R-11).

A teaching religious is a teacher who, before 1 July 1965, belonged to a religious community referred to in Schedule I.

1986, c. 44, s. 3; 1987, c. 47, s. 162; 1987, c. 107, s. 151; 1993, c. 74, s. 4.

4. For the purposes of section 3, a teacher is a person holding or having held

(1)  a position as a teacher or professor;

(2)  a position entailing counselling, animation, coordination or administrative duties directly related to the administration of programs of studies, the academic organization of schools, the personal or academic development of students, teachers or professors, extracurricular activities or to services for students; or

(3)  any position for which the experience and knowledge acquired by a person in a position referred to in paragraphs 1 and 2 are relevant, although the position is not directly related to teaching activities.

For the purposes of this plan, a person to whom this plan applies is deemed to hold pensionable employment when he holds a full-time or part-time position or employment contemplated by the plan, 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 person, is on maternity leave.

For the purposes of this plan, salary insurance means the salary insurance that is mandatory for the person, but does not include the salary insurance referred to in section 29.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), to which reference is made in section 8 of this Act.

1986, c. 44, s. 4; 1987, c. 47, s. 163; 1988, c. 82, s. 156; 1995, c. 70, s. 1; 2002, c. 30, s. 1.

4.1. For the purposes of this plan, a person shall participate in a pension plan from his first day of service in pensionable employment.

The person shall participate in a plan as long as he remains a person to whom the plan is applicable. However, for the purposes of eligibility for and computation of benefits under this plan, where the person ceases to be a person to whom this plan is applicable for any period during which he is not in service in pensionable employment, that person 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 which would have been considered if paragraph 1 had applied.

Participation in this plan shall cease, at the latest, on 30 December of the year in which the person attains 69 years of age.

1988, c. 82, s. 157; 1997, c. 50, s. 1.

CHAPTER II ELIGIBILITY REQUIREMENTS

5. A person who holds pensionable employment under the Teachers Pension Plan or the Civil Service Superannuation Plan shall, to be entitled to benefits under this plan, elect to become a member of this plan by sending a notice to that effect. This plan shall apply to the person from the first day of the month not less than three months after receipt of the notice.

However, if the pension of that person becomes payable before the date on which this plan becomes applicable to him pursuant to the first paragraph, this plan is deemed to apply to him from the date on which the pension becomes payable.

1986, c. 44, s. 5; 1987, c. 47, s. 164; 1990, c. 32, s. 1.

6. A person referred to in subparagraph 3 of the first paragraph of section 2 who was credited with not less than two years of service at the time his contributions were refunded to him, must, to become eligible for benefits under this plan, pay an amount equal to the contributions refunded to him with an interest of 8.5%, compounded annually, for the period comprised between the date of the refund and the date of the redemption proposal made by the Commission.

1986, c. 44, s. 6; 1987, c. 107, s. 152; 1990, c. 87, s. 1.

7. A person referred to in subparagraph 3 of the first paragraph of section 2 who, at the time his contributions were refunded to him, had less than two years of credited service and a person referred to in subparagraph 4 of the first paragraph of section 2 must, to become entitled to benefits under this plan, hold pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel.

1986, c. 44, s. 7; 1987, c. 107, s. 153; 2001, c. 31, s. 216.

CHAPTER III PENSIONABLE SALARY, YEARS OF SERVICE, CONTRIBUTIONS AND CONTRIBUTORY AMOUNTS

8. Where a person who is an employee within the meaning of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) is a member of this plan, the rate of contribution provided for in the Act respecting the Government and Public Employees Retirement Plan and sections 29, 29.1 and 31 to 31.3 of that Act apply.

A person contemplated in section 5 who holds an employment with an employer not contemplated in the Act respecting the Government and Public Employees Retirement Plan is deemed to be an employee within the meaning of the said Act so long as he holds an employment with that employer.

1986, c. 44, s. 8; 1987, c. 47, s. 165; 1989, c. 73, s. 1; 1995, c. 70, s. 2; 1997, c. 50, s. 2; 2001, c. 31, s. 217.

8.1. The person referred to in the first paragraph of section 8, 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 contribute to this plan according to the contribution rate provided for in section 8, from which 1% must be subtracted.

However, the reduction of 1% must not be considered for the purposes of sections 31 to 31.2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), nor for the purposes of Chapter VI.1 of this Act or for the purpose of computing the benefits payable under this plan.

2000, c. 32, s. 1; 2001, c. 31, s. 218.

9. The pensionable salary and the years of service are, for the purposes of this plan, determined as provided in sections 14 to 23 and 221.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), adapted as required.

1986, c. 44, s. 9; 1987, c. 47, s. 166; 1987, c. 107, s. 154; 1988, c. 82, s. 158.

CHAPTER IV TRANSFER AND PURCHASE OF SERVICE

DIVISION I TRANSFER

10. Every person who had been or who was a member of the Teachers Pension Plan or the Civil Service Superannuation Plan before this plan became applicable to him shall have credited, for pension purposes, or counted, for membership eligibility purposes under this plan, the years and parts of a year of service credited or counted under any of those plans if his contributions have not been refunded.

1986, c. 44, s. 10; 1987, c. 47, s. 167; 2001, c. 31, s. 219.

11. A person who has complied with section 6 shall be credited, for pension purposes, with the years and parts of a year of service credited under the pension plan to which he was a member as if they were years and parts of a year of service credited under this plan.

1986, c. 44, s. 11; 1987, c. 47, s. 167.

DIVISION II PURCHASE OF SERVICE

12. A person, except a person who, between 1 July 1965 and 30 June 1973, became a pensioner or became entitled to a deferred annuity under the Teachers Pension Plan or the Civil Service Superannuation Plan, must, to become eligible for benefits under this plan, redeem the years or parts of a year of past service in an employment with a body contemplated in the Government and Public Employees Retirement Plan or with a body which, in the opinion of the Commission, would have been contemplated therein had it not ceased to exist. Any pension credit that may have been granted under section 86, 100 or 104 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), section 28.5.6 of the Act respecting the Teachers Pension Plan (chapter R-11) or section 99.17.1 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) is cancelled and the service that entitled the person to the pension credit is deemed to be credited to him under this division.

In no case, however, may a person redeem the years or parts of a year in respect of a pension, a deferred annuity or a paid-up annuity, within the meaning of section 76 of the Act respecting the Government and Public Employees Retirement Plan, is payable under a pension plan. The same applies to the years and parts of a year in respect of which a pension credit is payable under section 101 of the Act respecting the Government and Public Employees Retirement Plan.

1986, c. 44, s. 12; 2001, c. 31, s. 220.

13. A person who is a member of this plan, a person who has complied with section 6 and, subject to the exception set forth in section 12, a person referred to in subparagraph 2 of the first paragraph of section 2, must redeem, in accordance with section 12, a number of years and parts of a year of service which cannot be greater than the excess of the number of years and parts of a year prior to 1 July 1973 credited under section 10 or 11, as the case may be, or credited to their account pursuant to subparagraph 2 of the first paragraph of section 2, over 15.

Where a person was a member of a supplemental pension plan while employed by an employer contemplated by the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the years and parts of a year prior to 1 July 1973 in respect of which he was granted a pension credit under section 101 of the said Act or in respect of which a paid-up annuity certificate was issued must be included in computing the excess over 15 referred to in the first paragraph.

1986, c. 44, s. 13; 1987, c. 47, s. 168; 1987, c. 107, s. 155.

14. A person referred to in section 7 shall redeem, in accordance with section 12, his years and parts of a year of service, up to 15.

1986, c. 44, s. 14.

15. To redeem his years and parts of a year of past service, a person must pay an amount determined according to the tariff of premiums appearing in Schedule II as if it were a pension credit equal, for each year of service, to 2% of the annual pensionable salary of the person as of 1 July 1973 or, if he has no pensionable salary on that date, his pensionable salary on the nearest date.

For the purpose of determining the amount referred to in the first paragraph, the pension credit is, for each year of service, reduced by 0.7% of the maximum pensionable earnings, within the meaning of the Act respecting the Québec Pension Plan (chapter R-9), for the year of the annual pensionable salary concerned.

1986, c. 44, s. 15.

16. Every person to whom the Act respecting pension coverage for certain teachers (chapter P-32.1) was applicable on 1 July 1978 and who did not avail himself thereof will be required to pay the amount determined under section 15 and established as of 1 July 1978. The amount will be increased by interest, compounded annually, at the rates determined for each period in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), for the period between 1 July 1978 and the date of the redemption proposal made by the Commission or, for the purposes of section 5, the date the plan becomes applicable to the person if it is later than the date of the redemption proposal.

In the case of a person laicized after 1 July 1978 or a person referred to in section 7 who became a member of the Government and Public Employees Retirement Plan after that date or of the Pension Plan of Management Personnel but, in each case, at a time when the person was entitled to avail himself of the Act respecting pension coverage for certain teachers or, as the case may be, of this plan, the amount determined under section 15 shall be established as of 1 July of the year of laicization or, as the case may be, of the year in which the person became a member of the Government and Public Employees Retirement Plan or of the Pension Plan of Management Personnel. In such cases, the amount is increased by the interest prescribed in the first paragraph, computed from the date on which the amount is established.

1986, c. 44, s. 16; 1987, c. 47, s. 169; 1990, c. 87, s. 2; 1992, c. 67, s. 5; 2001, c. 31, s. 221.

17. The amount determined under section 15 or, as the case may be, under section 16 must be paid in a lump sum if the person is a pensioner and, where the person is not a pensioner, the amount may be paid by instalments over a period equal to the period corresponding to one-half of the service that the person wishes to redeem or, if the instalments, including the interest referred to in the second paragraph, exceed $3,500 per year, over as many instalments of $3,500 per year as are required for full payment of the amount, except the last instalment. To pay that amount, the person may, however, use all or part of his accumulated sick leave. In such a case, his employer shall pay all or part of the required amount according to the terms and conditions determined by the Commission in accordance with section 95 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

If the amount is paid by instalments, it shall bear interest at the rate of 6%, compounded annually, computed from the date on which the redemption proposal made by the Commission expires.

No instalment may be paid after the earlier of the following dates:

(1)  the date the person ceased to be a person to whom the plan is applicable;

(2)  31 December of the year in which the person attains 69 years of age.

However, where the person is entitled to a deferred pension, no instalment may be paid after the date of his retirement.

1986, c. 44, s. 17; 1988, c. 82, s. 159; 1990, c. 87, s. 3; 1991, c. 77, s. 1; 1997, c. 50, s. 3.

DIVISION III SPECIAL PROVISION

18. A person who is a member of this plan may redeem or, as the case may be, be credited under this plan, with any year or part of a year of service which may be redeemed or credited pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), subject to the conditions prescribed therein. However, where section 115.7 of the said Act applies, the years and parts of a year of service credited under this plan are determined on an actuarially equivalent basis as established on the date on which the person becomes a member of this plan according to the actuarial assumptions and methods determined by a regulation made under paragraph 3 of section 130 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) in respect of the said plan and this plan. The years and parts of a year of service are then credited in accordance with section 115.7 of the Act respecting the Government and Public Employees Retirement Plan and the person may, where applicable, avail himself of section 115.8 of the said Act.

The person is not entitled, however, to avail himself of the right to redeem any year or part of a year of service pursuant to sections 86, 100 and 104 of the Act respecting the Government and Public Employees Retirement Plan.

Section 115.9 of the said Act, adapted as required, applies where the years and parts of a year of service credited under this plan have been transferred to the Pension Plan of Peace Officers in Correctional Services on an actuarially equivalent basis.

1986, c. 44, s. 18; 1987, c. 47, s. 170; 1987, c. 107, s. 156; 1990, c. 87, s. 105; 1995, c. 46, s. 1.

CHAPTER V BENEFITS

DIVISION I ELIGIBILITY FOR AND COMPUTATION OF BENEFITS

19. The pension computed in accordance with sections 35 to 37 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and, as the case may be, the pension credits acquired under the said Act shall be granted to every person who avails himself of this plan and who

(1)  attains normal retirement age, that is, 65 years of age;

(2)  has at least 35 years of service;

(3)  attains, in the case of a female employee, 60 years of age;

(4)  has at least 10 years of service and is not under 62 years of age;

(5)  has at least 32 years of service and is not under 55 years of age;

(5.1)  in the case of a female employee, has at least 10 years of service and is not under 58 years of age;

(6)  has at least 22 years of service and is not under 55 years of age or, in the case of a female employee, 50 years of age.

The person must be a member of this plan at the time he retires under any of the criteria listed above except where he continues to hold pensionable employment under the plan after 30 December of the year in which he attains 69 years of age.

A person who is a teacher, within the meaning of the Teachers Pension Plan, and who becomes eligible for a pension within two months after the end of a school year, within the meaning of that plan, is entitled to his pension at the end of that school year.

A person who becomes a Member of the National Assembly before a pension or a deferred pension is granted to him is entitled to such a pension in respect of the years and parts of a year of service that have been credited to him under this plan if these years and parts of a year have not been transferred to another pension plan, if he acquires the right to a pension as a Member and if he repays the contributions that have been refunded to him, where such is the case.

1986, c. 44, s. 19; 1987, c. 47, s. 171; 1990, c. 87, s. 4; 1991, c. 77, s. 2; 1992, c. 67, s. 6; 1997, c. 50, s. 4.

20. The amount of the pension of any person to whom this plan applies pursuant to section 2 is increased up to the limit established in section 22 by the addition, in order, of the following amounts:

(1)  an amount equal to 1.6% of the average pensionable salary used for the computation of his pension for each year redeemed by that person under Division II of Chapter IV, unless such years have been credited under this plan on an actuarially equivalent basis;

(2)  an amount equal to 1.6% of such salary for any other year of teaching, unless such years have been credited under this plan on an actuarially equivalent basis.

A year of teaching is any period of at least ten months, not otherwise redeemed or credited, comprised between 1 July of one year and 30 June of the following year, during which a person has taught, in or outside Canada, even if he was employed on a part-time basis, including a similar period during which he has pursued, after beginning to teach, further educational studies full time.

1986, c. 44, s. 20; 1987, c. 107, s. 157; 1991, c. 77, s. 3.

21. The years and parts of a year of service that would be redeemed or credited for the purposes of eligibility for and computation of a person’s pension, or both at the same time, under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) shall be counted under this plan for the purposes set out in those Acts, and section 74 of the Act respecting the Government and Public Employees Retirement Plan or section 111 of the Act respecting the Pension Plan of Management Personnel, as the case may be, applies.

The years and parts of a year giving entitlement to the increase provided by section 20 shall be recognized for the purposes of eligibility for the pension.

1986, c. 44, s. 21; 2001, c. 31, s. 222.

22. For the purposes of the increase referred to in section 20, in no case may the total amount of benefits payable to a person under the Government and Public Employees Retirement Plan, the Pension Plan of Management Personnel, the Teachers Pension Plan, the Civil Service Superannuation Plan or this plan, computed before any reduction, exceed 70% of the average pensionable salary used in computing the pension.

The sums, if any, paid to redeem years or parts of a year in respect of which no amount may be added to the amount of the pension pursuant to the first paragraph shall be reimbursed with interest calculated at the rate prescribed in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) in respect of the period indicated therein from the midpoint of the year in which such sums were paid until the day the reimbursement is made.

1986, c. 44, s. 22; 1991, c. 77, s. 4; 2001, c. 31, s. 223.

23. The pension granted under subparagraph 5.1 of the first paragraph of section 19 to an employee who redeemed years or parts of a year of service after 31 December 1991 is reduced for its duration by the amount obtained by multiplying the amount of the pension established under subparagraph 2 of the first paragraph of section 35 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), referred to in section 19, by 0.25% per month, computed for each month between the date on which the pension is granted to the employee and the earlier of the following dates:

(1)  the date of her sixtieth birthday;

(2)  the date on which her age and her years of service would have totalled 80 if she had continued to participate in the plan.

The pension granted under subparagraph 6 of the first paragraph of section 19, increased in accordance with section 20, and the pension credits, if any, are reduced for their duration by 0.5% per month computed for each month comprised between the date on which the pension is granted to the person and the first date on which the pension would otherwise have been granted to him under subparagraph 1, 2, 3, 4, 5 or 5.1 of the first paragraph of section 19.

1986, c. 44, s. 23; 1991, c. 77, s. 5; 1997, c. 50, s. 5.

24. From the month following the pensioner’s sixty-fifth birthday or from the month following the date on which he retires, if that date is after his sixty-fifth birthday, the pension, increased in accordance with section 20, is reduced by the amount obtained by multiplying

(1)  0.7%;

(2)  the number of years of service credited after 31 December 1965 to which is added the number of years and parts of a year entitling the pensioner to the increase provided by section 20 even where they are prior to 1 January 1966, to the extent only that those years or parts of a year are necessary to attain the maximum of 70% of the average pensionable salary referred to in section 22;

(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 all the last years of service needed to attain a sum of corresponding contributory periods equal to five or, if the sum is less than five, in respect of all the years.

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.

Notwithstanding the foregoing, for the years prior to 1 January 1966, the maximum pensionable earnings is equal to $5 000.

In no case may the pension, increased in accordance with section 20, be reduced by an amount greater than the maximum pension payable under the Act respecting the Québec Pension Plan for the year in which the person retired.

Notwithstanding the first paragraph, where a person continues to hold pensionable employment after 30 December of the year in which he attains 69 years of age, the reduction provided for in the first paragraph applies from the month following that date as if he had retired.

1986, c. 44, s. 24; 1987, c. 66, s. 1; 1997, c. 50, s. 6.

25. The pension, increased in accordance with section 20, is indexed in the manner set out in the first paragraph of section 77 and in section 78 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The rate of indexation is, however, in respect of years and parts of a year giving entitlement to the increase provided by section 20, equal to the excess of the rate of increase of the Pension Index determined in the Act respecting the Québec Pension Plan (chapter R-9) over 3%.

1986, c. 44, s. 25; 1987, c. 47, s. 172; 1990, c. 87, s. 5.

26. Sections 24 and 25 also apply to every person who is receiving a pension under the Teachers Pension Plan or the Civil Service Superannuation Plan, taking into account, however, that subparagraph 3 of the first paragraph of section 24 must be read as follows:

“(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.”.

1986, c. 44, s. 26.

27. Sections 89 and 91 to 93 and the first paragraph of section 94 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) do not apply to the pension credits, if any, acquired by a person contemplated in this plan.

1986, c. 44, s. 27.

DIVISION I.1 MAXIMUM BENEFITS

1997, c. 50, s. 7.

27.1. The pension amounts computed pursuant to Division I of this chapter 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. 7.

DIVISION II PAYMENT OF BENEFITS

28. Benefits become payable to the person entitled thereto from the day that person retires. The person is presumed to retire on the day after the day on which he ceases to participate in the plan. However, where the person continues to hold pensionable employment after 30 December of the year in which he attains 69 years of age, the day after the day on which the employee ceases to hold such an employment is the day on which he retires. The pension referred to in the fourth paragraph of section 19 is payable from the time the person begins to receive the retirement pension acquired as a Member of the National Assembly if that person became a Member before 1 January 1992. However, the increase provided for in section 20 and the pension credits, if any, are payable from the sixty-fifth birthday of the person.

1986, c. 44, s. 28; 1991, c. 77, s. 6; 1992, c. 67, s. 7; 1997, c. 50, s. 8.

29. Any person whose pension became payable under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan before 26 June 1986 and who availed himself of this plan before 1 July 1987 shall be entitled to the increase provided by section 20 only in respect of instalments payable to him after 25 June 1986. Section 25, to the extent that it refers to section 78 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), does not apply with respect to the increase if the pension was payable before 1 January 1986. However, if the person had become entitled to a pension under any of the said pension plans by reason of the fact that he had become entitled to a pension as a Member of the National Assembly, the increase provided by section 20 becomes payable from his sixty-fifth birthday if he is not 65 years of age on 26 June 1986.

Any person who has become or becomes eligible for a deferred annuity or a pension by reason of mental or physical disability under any of the pension plans referred to in the first paragraph or under the Pension Plan of Management Personnel is entitled to the increase provided for in section 20 from his sixty-fifth birthday. However, if that person has become eligible, before 26 June 1986, for a deferred annuity under the Government and Public Employees Retirement Plan and meets, taking into account the years and parts of a year giving entitlement to the increase provided by section 20 and the age at which he ceases to participate in that plan, any of the criteria set out in section 19, his benefits become payable from 26 June 1986 if he availed himself of this plan before 1 July 1987. The computation of the benefits shall be established, with regard to the person’s age, as of 26 June 1986.

Any person referred to in section 6 who has complied with section 13 shall be entitled to his pension and to the increase provided by section 20 from his sixty-fifth birthday. However, if that person is 65 years of age on 26 June 1986 or meets, taking into account the years and parts of a year giving entitlement to the increase provided by section 20 and the years credited to him under section 11, any of the criteria set out in section 19, his benefits become payable from 26 June 1986 if he availed himself of this plan before 1 July 1987. Entitlement to the benefits and computation thereof shall be established, having regard to the person’s age, as of 26 June 1986.

Where a person contemplated in this section is laicized between 26 June 1986 and 1 July 1987 and avails himself of this plan before that latter date, the benefits that would normally have become payable from 26 June 1986 shall be payable from his date of laicization.

1986, c. 44, s. 29; 1987, c. 47, s. 173; 1988, c. 82, s. 160; 2001, c. 31, s. 224.

30. Any person contemplated in section 29 who avails himself of this plan after 30 June 1987 and any person whose pension became payable under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan after 25 June 1986 shall be entitled to the increase provided by section 20, and, as the case may be, to his benefits in the cases where the increase or benefits become payable from 26 June 1986 under section 29, from, as the case may be, the latest of the following dates:

(1)  the date preceding by not more than 12 months the date of receipt of his application;

(2)  the date of laicization;

(3)  the date on which the pension became payable.

Where the person became entitled to a pension under any of the pension plans referred to in the first paragraph by reason of the fact that he had become entitled to a pension as a Member of the National Assembly, the increase provided by section 20 is payable from his sixty-fifth birthday if he is under 65 years of age on the latest date selected under the first paragraph.

The computation of benefits shall be established, having regard to the person’s age, as of the date selected under the first paragraph or, where such is the case, as of the date of his sixty-fifth birthday pursuant to the second paragraph.

1986, c. 44, s. 30; 1987, c. 66, s. 2.

30.1. For the purposes of sections 29 and 30, any person whose pension became payable under the Government and Public Employees Retirement Plan and who, taking into account the years and parts of a year giving entitlement to the increase provided by section 20 and the age at which he ceased to be employed, meets any of the criteria set out in section 19, is entitled to a pension computed in accordance with Division I of this chapter instead of the pension he is presently receiving. The new pension shall be computed as though the said division had been in force on the date on which the pension he is presently receiving became payable to him. However, this paragraph does not apply to such a person who became entitled to his pension by reason of the fact that he had become entitled to a pension as a Member of the National Assembly.

A person shall be entitled to the new pension only in respect of the instalments payable to him after 25 June 1986 or, in the case of a person contemplated in section 30, from the date the increase provided by section 20 becomes payable to him under section 30.

1987, c. 66, s. 3.

31. The spouse or, where there is no spouse, the successors of a deceased pensioner are entitled to receive, until the first day of the month following the death of the pensioner, the pension, increased in accordance with section 20, and the pension credit pertaining to the month of death that he would have received or that he would otherwise have received.

1986, c. 44, s. 31; 1992, c. 67, s. 8; 1994, c. 20, s. 4; 1995, c. 46, s. 31; 1999, c. 73, s. 1.

DIVISION III SPOUSE’S PENSION

1990, c. 87, s. 6.

32. 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 person who is entitled to a pension, the spouse shall be entitled to receive as pension one-half of the pension, increased in accordance with section 20, that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or which the person would have been entitled to receive, with, in every case, the reduction prescribed in section 24 or, as the case may be, section 26 from the month following the death, even where the pensioner or eligible person dies before attaining 65 years of age. However, in the case of a pension granted under the Act respecting the Teachers Pension Plan (chapter R-11) or the Act respecting the Civil Service Superannuation Plan (chapter R-12), section 26 applies only in respect of years or parts of a year giving entitlement to the increase provided by section 20 if, at the time of death of the pensioner, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

The years and parts of a year of service for which a pension credit is granted under sections 101, 113 and 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and those for which the increase provided by section 20 of this Act is granted shall be added, for the purposes of eligibility for a pension, to the years of service credited to the person to determine, in the event of death, the spouse’s eligibility for a pension even where the person died before having made all the instalments required to pay the cost of the pension credit or, as the case may be, the cost of redemption of service under Division II of Chapter IV of this Act. However, the pension increase provided by section 20 shall apply to the spouse’s pension only if the spouse pays the balance of the amounts required to pay the cost of redemption of service.

1986, c. 44, s. 32; 1988, c. 82, s. 161.

33. For the purposes of the plan, the spouse is the person who is married to or in a civil union with the employee or pensioner, as the case may be, or, provided neither is married or in a civil union at the time of the death of the employee or pensioner, the person of the opposite or the same sex who has been living in a conjugal relationship with the employee or pensioner for a period of not less than three years immediately prior to the employee’s or pensioner’s death, and had been publicly represented as the employee’s or pensioner’s spouse by the employee or pensioner or who, during the year preceding the employee’s or pensioner’s death, was living in a conjugal relationship with the employee 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.

1986, c. 44, s. 33; 1988, c. 82, s. 162; 1999, c. 14, s. 20; 2000, c. 32, s. 2; 2002, c. 6, s. 174.

34. The pension granted to the spouse is paid for life and runs until the first day of the month following his death.

1986, c. 44, s. 34; 1987, c. 107, s. 158; 1988, c. 82, s. 163; 1990, c. 87, s. 7.

DIVISION III.1 REIMBURSEMENT, DEFERRED ANNUITIES AND OTHER BENEFITS

1990, c. 87, s. 7.

34.1. The contributions of a person who dies before becoming eligible for a pension shall, subject to sections 34.12 and 34.13, be refunded to his spouse or, where he has no spouse, to his successors.

1990, c. 87, s. 7; 1995, c. 46, s. 31.

34.1.1. If the person who dies is eligible for a pension but has no spouse entitled to a pension, the contributions are refunded to the person’s successors, subject to sections 34.12 and 34.13. The same rule applies to a pensioner who dies and has no spouse entitled to a pension.

2002, c. 30, s. 2.

34.1.2. Following the death of a spouse who was receiving a pension under Division III of this chapter, the successors of the employee, whether or not the employee had been a pensioner, are entitled to receive, subject to section 34.12, the difference between the sum of the contributions and the amounts of pension paid.

2002, c. 30, s. 2.

34.2. If a person ceases to be a member of this plan before becoming eligible for a pension, and if he has less than two years of service, he is entitled to obtain the refund of his contribution as long as he does not again become a member of the plan and subject to sections 34.12 and 34.13. However, he is not entitled to the refund if section 21 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), referred to in section 9 of this Act, applies.

Where the person dies before obtaining the refund, his contributions shall be refunded to his spouse or, where he has no spouse, to his successors.

1990, c. 87, s. 7; 1995, c. 46, s. 31.

34.3. If a person ceases to be a member of this plan before becoming eligible for a pension or deferred annuity, he may, if he has at least two years of service, apply for a deferred annuity or, subject to sections 34.12 and 34.13, the refund of his contributions. However, he may not obtain such a refund if section 21 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), referred to in section 9 of this Act, applies, or if he again becomes a member of the plan, or after he has reached 65 years of age.

Where the person dies before obtaining the refund of his contributions and before his deferred annuity becomes payable, his contributions shall be refunded to his spouse or, where he has no spouse, to his successors.

1990, c. 87, s. 7; 1995, c. 46, s. 31.

34.4. If a person referred to in sections 34.2 and 34.3 again becomes a member of this plan without having obtained the refund of his contributions, the years and parts of a year of service he accumulates are added to those already credited.

1990, c. 87, s. 7.

34.5. The contributions shall, except in case of death, be payable to the person entitled to the refund thereof from the 211th day after the day on which this plan ceased to apply to him for the last time.

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

1990, c. 87, s. 7.

34.6. For the purposes of this division, contributions include every amount paid by the person and every contribution from which he was exempt under this plan or under any other pension plan from which his service was transferred to this plan, but excluding contributions deducted in excess for any year subsequent to 1986. Contributions also include any interest accrued on those amounts, where applicable, in accordance with the pension plan in question. However, contributions do not include amounts refunded to the person under any such pension plan following a transfer of service made on the basis of actuarially equivalent benefits, where the total amount of accumulated contributions exceeded the actuarial value of the benefits vested under the other pension plan.

However, any sums paid by a person to a supplemental pension plan established by an included employer within the meaning of the Government and Public Employees Retirement Plan shall be reimbursed if the funds have been transferred in accordance with the said plan.

1990, c. 87, s. 7.

34.7. A person who has at least ten years of service and is 45 years of age or over, and who ceases to be a member of this plan before becoming eligible for a pension, is entitled, except if he transfers his years and parts of a year of service to the Pension Plan of Peace Officers in Correctional Services, or if he has availed himself of a transfer agreement in respect of this plan entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), only to one or other of the following options:

(1)  a deferred annuity;

(2)  an amount representing up to 25 % of the actuarial value of the deferred annuity, and a deferred annuity adjusted to take into account the payment of that amount.

The actuarial value is established according to the actuarial assumptions and methods determined by regulation under paragraph 9 of section 134 of the Act respecting the Government and Public Employees Retirement Plan in respect of section 54 of the said Act.

However, in no case may the amount exceed the amount of the accumulated contributions of the person with interest.

The first paragraph does not apply where section 21 of the Act respecting the Government and Public Employees Retirement Plan, referred to in section 9 of this Act, applies.

Where the person dies before the deferred annuity becomes payable, the contributions, subject to the amount paid pursuant to subparagraph 2 of the first paragraph and pursuant to sections 34.12 and 34.13, shall be refunded to his spouse or, where he has no spouse, to his successors.

1990, c. 87, s. 7; 1995, c. 46, s. 31.

34.8. The years and parts of a year which give entitlement to the increase provided for in section 20 shall be counted for the purposes of eligibility for the deferred annuity, and section 21 applies to the deferred annuity.

In addition, for the purposes of eligibility for the deferred annuity, every continuous period of service from the first day the person accumulates service after 31 December 1965 must be counted.

Any period between the day on which the person ceased to be a member of Government and Public Employees Retirement Plan, the Pension Plan of Management Personnel or this plan and the day on which such a plan ceased to apply to him, and any period of less than 211 days during which such a plan ceased to apply to him, must also be counted if such periods are prior to his last participation.

1990, c. 87, s. 7; 2001, c. 31, s. 225.

34.9. Any deferred annuity is cancelled if the person again holds pensionable employment under this plan, and the years of service he accumulates are added to the years of service already credited.

However, if the person had elected to receive an amount and a deferred annuity, the recomputed pension is reduced by that part of the annual value of the original pension that was paid to him. If he is entitled to a deferred annuity at the time he ceases to be a member of this plan, he cannot reapply for an amount representing up to 25 % of the actuarial value of the recomputed pension.

1990, c. 87, s. 7.

34.10. The annual amount of the deferred annuity is computed in the same manner as the pension, and sections 22 and 24 apply.

A person who is entitled to a deferred annuity is deemed to retire on the date of his sixty-fifth birthday. The deferred annuity shall be payable to him from that date and for life, and shall be indexed in accordance with section 25 from 1 January following the date on which he reaches 65 years of age.

1990, c. 87, s. 7.

34.11. Contributions are refunded with interest.

However, contributions in respect of service which is credited to the person and which gives entitlement to the application of section 99 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), referred to in section 34.17 of this Act, are reimbursed without interest.

1990, c. 87, s. 7.

34.12. When contributions are refunded, if amounts have been paid as pension benefits under this plan or a pension plan from which service has not been transferred to this plan on the basis of actuarially equivalent benefits, the total amount of the contributions, excluding amounts paid by the person in respect of which a pension credit is granted and any interest accrued on the contributions up to the date on which a pension became payable,is reduced by any amounts paid as pension benefits from the date the pension ceased to be paid. The balance of the contributions and any accrued interest shall bear interest from that date, at the rate in force on the date of reimbursement, for every period during which no amount was paid as pension benefits.

However, if a pension is payable to the person, spouse or child in accordance with section 99 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or section 140 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), referred to in section 34.17 of this Act, contributions refunded under sections 34.1 to 34.3 do not include contributions in respect of service giving entitlement to the application of the said section 99 or the said section 140. In that case, the first paragraph of this section applies, at the time the pension becomes payable, in respect of other contributions, but without taking into account the amounts paid as pension benefits in accordance with the said section 99 or the said section 140. However, where the employee is entitled only to a deferred annuity under this plan, or where he has applied for a deferred annuity under section 34.3, the amounts paid as pension benefits in accordance with the said section 99 or the said section 140 are deducted only from the amount of contributions in respect of service giving entitlement to the application of the said section 99 or the said section 140, if that pension is more advantageous than the benefits provided for under this plan.

1990, c. 87, s. 7; 2001, c. 31, s. 226.

34.13. If, at the death of the beneficiary of a pension credit, the amount he had to pay to acquire the pension credit, with accrued interest until the date on which the pension credit became payable, exceeds the total amounts which have been paid to him in respect of such pension credit, the excess is paid in a single payment to his spouse or, if he has no spouse, to his successors.

If benefits related to the pension credit ceased to be paid to a person who holds or again holds pensionable employment under this plan, the amount he was required to pay to acquire the pension credit, with accrued interest until the date on which the pension credit became payable, is reduced by the amounts paid in respect of such pension credit from the date on which payment thereof had ceased.

The balance of the amount he was required to pay bears interest at the rate in force on the date of reimbursement for every period in respect of which no amount was paid as pension credit in a year or, as the case may be, during the period contemplated in section 69 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) pursuant to section 36 of this Act.

1990, c. 87, s. 7; 1995, c. 46, s. 31.

34.14. The interest payable under this division is that provided for in Schedule VI of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) in respect of the period indicated therein.

1990, c. 87, s. 7.

34.15. The person, his spouse or, where he has no spouse, his successors, are entitled to only a percentage of the interest payable on contributions within the meaning of section 34.6. This percentage is dependent on the length of the period comprised between the date on which this plan, the Pension Plan of Management Personnel, or the Government and Public Employees Retirement Plan, as the case may be, became applicable to the person and the date the refund is made. The percentage is established as follows:

(1)  0% for a period of less than one year;

(2)  60% for a period of one year or more, but less than two years;

(3)  85% for a period of two years or more, but less than five years;

(4)  90% for a period of five years or more.

If the application for reimbursement covers interrupted periods of service, the percentage of interest payable on contributions is dependent on the length of the period comprised between the first date on which this plan, the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan, as the case may be, became applicable to the person and the date the refund is made.

However, the first and second paragraphs do not apply in computing interest accrued under this plan for the purposes of section 71 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2).

1990, c. 87, s. 7; 1995, c. 46, s. 31; 2001, c. 31, s. 227.

34.16. For the purpose of computing interest, a person’s contributions within the meaning of section 34.6, except amounts paid into a pension plan from which service has been transferred to this plan in accordance with sections 101, 115.7 and 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or sections 149 and 203 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), are deemed to be received at the midpoint of each year. The manner of computing the interest on any contribution within the meaning of section 34.6 is established by regulation made under paragraph 24 of section 134 of the Act respecting the Government and Public Employees Retirement Plan.

1990, c. 87, s. 7; 2001, c. 31, s. 228.

34.17. Sections 99 and 236.2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and section 140 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) apply, adapted as required.

1990, c. 87, s. 7; 2001, c. 31, s. 229.

35. The Commission, upon the application of a beneficiary other than a person contemplated in section 36, to the extent that it refers to Division IV of Chapter IV of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), may, at any time after the pension becomes payable, make cash payment of the actuarial value, established in accordance with the actuarial assumptions and methods determined by regulation under paragraph 9 of section 134 of the Act respecting the Government and Public Employees Retirement Plan with respect to section 79 of the said Act, of all benefits under this plan if the aggregate amount of the benefits does not exceed $811 annually.

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 in the Pension Index established by the said Act.

1986, c. 44, s. 35; 1990, c. 87, s. 8.

DIVISION III.2 TEMPORARY MEASURES

1997, c. 50, s. 9.

§ 1 . — Applicability and miscellaneous provisions

1997, c. 50, s. 9.

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

(1)  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;

(2)  ceases to participate in the plan and retires before 3 July 1997.

1997, c. 50, s. 9.

35.2. A person who meets the requirement of paragraph 1 of section 35.1 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 a person may avail himself of the provisions of this division on a date subsequent to 2 July 1997.

1997, c. 50, s. 9.

35.3. The measures provided for by 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. 50, s. 9.

§ 2 . — Temporary criteria of eligibility for a pension

1997, c. 50, s. 9.

35.4. Notwithstanding section 19, a pension may also be granted to a person who has, in years of age and years of service, a combined total of 80 or more, if he is at least 55 years of age.

The person is required to be a member of the plan at the time he retires under that criterion.

1997, c. 50, s. 9.

35.5. Notwithstanding the second paragraph of section 23, a pension granted under subparagraph 6 of the first paragraph of section 19 and increased in accordance with section 20 is reduced for its duration by 0.25% per month, computed for each month comprised between the earlier of the date on which the pension is granted and the first date on which the pension would otherwise have been granted to him without actuarial reduction under the first paragraph of that section or under the first paragraph of section 35.4.

1997, c. 50, s. 9.

35.6. If a person 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 that person had retired on the day of his death.

1997, c. 50, s. 9.

§ 3 . — Additional benefits

1997, c. 50, s. 9.

35.7. A person is also entitled, where applicable, to have added to the amount of his pension the amounts provided for by sections 85.27 and 85.28 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) in respect of the years or parts of a year of service for which a paid-up annuity certificate or pension credit is granted under sections 101, 113 and 158 of that Act and which are used for the purposes of entitlement to a pension under this plan, without account being taken of the limit on the number of years of service prescribed in the first paragraph of that section 85.27. Sections 35.5 and 35.6 of this Act and sections 85.30 and 85.31 of the Act respecting the Government and Public Employees Retirement Plan, adapted as required, apply in respect of pension amounts so added.

The limit prescribed in the first paragraph of section 22 applies to pension amounts added pursuant to the first paragraph.

1997, c. 50, s. 9; 1997, c. 71, s. 5.

§ 4 . — Actuarial valuation

1997, c. 50, s. 9.

35.8. 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 criterion of eligibility for a pension provided for by subdivision 2 and of the actuarial reductions which will not be made pursuant to that subdivision as well as the valuation of the actuarial value of the additional benefits under subdivision 3.

1997, c. 50, s. 9.

DIVISION III.3 ADDITIONAL BENEFITS

35.9. A person is entitled, if the limit provided for in section 22 is not reached, to have amounts provided for in sections 73.1 and 73.2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) added to the amount of the person’s pension in respect of the years or parts of a year of service which are used for the purposes of eligibility for a pension under this plan and in respect of which a paid-up annuity certificate has been issued or pension credit has been granted under section 101, 113 or 158 of that Act. The second paragraph of section 23 of this Act and sections 73.5 and 73.7 of the Act respecting the Government and Public Employees Retirement Plan, adapted as required, apply in respect of pension amounts so added.

The pension amounts added under the first paragraph must be consistent with the limits prescribed by regulation, if not, the amounts shall be adjusted in the manner prescribed in the regulation.

This section does not apply to a retired person who, after 31 December 1999, applies for the redemption of service pursuant to which the person has years or parts of a year credited under this plan and in respect of which pension credit is granted under sections 101, 113 and 158 of the Act respecting the Government and Public Employees Retirement Plan.

2000, c. 32, s. 3.

DIVISION IV MISCELLANEOUS PROVISIONS

36. Every person who is a member of this plan may avail himself of the provisions contained in Division IV of Chapter IV of Title I and in Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), subject to the conditions prescribed therein.

1986, c. 44, s. 36; 1987, c. 47, s. 174.

37. The provisions relating to the return to work of a pensioner under the Government and Public Employees Retirement Plan, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Pension Plan of Management Personnel, as the case may be, apply, adapted as required.

Chapter VII of Title I and sections 236.3 and 236.4 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) applies in respect of a pensioner under this plan who again holds pensionable employment within the meaning of the said Act or the Act respecting the Pension Plan of Management Personnel (chapter R-12.1).

A person referred to in the first or second paragraph who participates or, as the case may be, again participates in the pension plan shall be, notwithstanding the second paragraph of section 2, a person to whom the plan is applicable, and sections 8, 9, 18, 34.1 to 34.17, 36, 54 and 55 apply.

1986, c. 44, s. 37; 1987, c. 47, s. 174; 1987, c. 107, s. 159; 1988, c. 82, s. 164; 1990, c. 87, s. 9; 2001, c. 31, s. 230.

37.1. Every participating member or pensioner under this plan who obtained a pension credit under section 107.1 or 158.0.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) is entitled to benefit from the provisions of the regulation enacted pursuant to section 107.1. The provisions apply, with the necessary modifications, if they are more favourable.

2002, c. 30, s. 3.

CHAPTER VI SPECIAL CASES

38. An amount, computed in accordance with section 39, shall be paid for life to any person whose pension under the Teachers Pension Plan or the Civil Service Superannuation Plan becomes payable after 25 June 1986 or to any person who ceases to participate in that plan after that date and after becoming eligible for a deferred annuity. The person referred to herein must be

(1)  a teaching religious laicized before 1 July 1965 who has been 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

(2)  a lay teacher as defined in paragraph 4 of section 3 who has been a member of the pension fund of officers of education established by Part VIII of the Education Act.

1986, c. 44, s. 38; 1987, c. 47, s. 175; 1988, c. 82, s. 165.

39. The amount to which the person referred to in section 38 is entitled is equal to the difference between

(1)  the amount of the pension and benefits he will receive at the time the amount computed under this section becomes payable; and

(2)  the amount of the pension he would be receiving, excluding the years and parts of a year redeemed under the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) and adding an amount equal, for all his years and parts of a year of teaching within the meaning of the second paragraph of section 20 and for the years and parts of a year redeemed under the said pension fund, to 1.6% of the person’s last annual pensionable salary or of $14,000, if his last annual pensionable salary is less than that amount.

The annual pensionable salary is the pensionable salary, within the meaning of the pension plan of which the person was a member, that he has received or would have received on an annual basis for full-time employment.

1986, c. 44, s. 39; 1987, c. 47, s. 176; 2001, c. 31, s. 231.

40. A person who has not attained 65 years of age before 26 June 1986 and who has transferred his years and parts of a year of service credited under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan, to a body with which an agreement was entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), and who is contemplated in section 3, is entitled to receive, for life, from the age of 65, an amount equal, for each of his years and parts of a year of teaching, within the meaning of the second paragraph of section 20, that have not been transferred, to 1.6% of $14,000.

1986, c. 44, s. 40.

41. The amount computed under section 39 is payable and shall be established at 60 years of age, in the case of a female person who has become entitled to a deferred annuity and at 65 years of age in all other cases. Where the person retires after the age of 65, the amount shall be established at the age of his retirement.

Sections 24, 26, 31 to 33 and 35, adapted as required, apply to benefits payable under sections 39 and 40. For the purposes of sections 24 and 26, however, the amount of the maximum pensionable earnings is equal to $9,300 in all cases where the 1.6% rate is applied to $14,000.

Section 25 applies to benefits payable under sections 39 and 40. The rate of indexation shall, however, with respect to the years and parts of a year giving entitlement to the benefits, be equal to the excess of the rate of increase of the Pension Index determined by the Act respecting the Québec Pension Plan (chapter R-9), over 3%.

Payment of the amount computed under section 39 shall be made in a single payment each year in the month of June.

1986, c. 44, s. 41.

CHAPTER VI.1 PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1990, c. 5, s. 9.

41.1. 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 employee or former employee 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 employee or former employee under this plan, the value of such benefits for the period of the marriage or civil union and any other information determined by regulation.

The employee or former employee 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. 9; 1995, c. 70, s. 3; 2002, c. 6, s. 175.

41.2. For the purposes of their partition and assignment, the benefits accrued under this plan 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. 9; 1995, c. 70, s. 4; 2002, c. 6, s. 176.

41.3. 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. 9.

41.4. 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. 9.

41.5. Following payment of the sums awarded to the spouse of the employee or former employee, every sum payable under this plan with respect to the membership of the employee or former employee 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. 9.

41.6. Where, following a separation from bed and board, the value of the benefits accrued by the employee or former employee under this plan 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. 9.

41.7. 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 this plan. Any other decision rendered by the Commission pursuant to this chapter may be contested by the employee or former employee and his spouse in the manner provided for this plan.

1990, c. 5, s. 9.

CHAPTER VI.2 REGULATIONS

1992, c. 67, s. 9.

41.8. The Government may, by regulation and after the Commission has consulted with the pension committee established under section 163 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10),

(1)  determine the terms and conditions of the applications required under this chapter;

(1.1)  establish the limits applicable to a pension amount added under section 35.9 and the manner in which an amount that exceeds the limits is to be adjusted;

(2)  determine, for the purposes of section 41.1, the information which must be contained in the statement setting out the value of the benefits accrued by the employee or former employee;

(3)  fix, for the purposes of section 41.2, the rules which apply to the establishment of the benefits accrued under this plan, 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; 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;

(4)  determine, for the purposes of section 41.3, the rules and the terms and conditions of payment of the sums awarded to the spouse and, where applicable, the interest payable thereon;

(5)  prescribe, for the purposes of section 41.5, the actuarial rules, assumptions and methods for reducing any sum payable under this plan, which may vary according to the nature of the benefit from which such sum is derived;

(6)  establish, for the purposes of section 59.2, the limit applicable to the pensionable salary and to the service credited, and the rules and procedures for computing the pension;

(7)  establish, for the purposes of section 59.3, the periods of absence that may be credited for each type of absence and in total.

1990, c. 5, s. 9; 1992, c. 67, s. 10; 2000, c. 32, s. 4.

CHAPTER VII TRANSITIONAL PROVISIONS

42. Chapter III, Division III of Chapter IV and Chapter V apply to a person who has already availed himself of the Act respecting pension coverage for certain teachers (chapter P-32.1) and who is an employee within the meaning of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). Any pension credit to which the person has become entitled under sections 86, 100 and 104 of the Act respecting the Government and Public Employees Retirement Plan is cancelled.

However, if the person referred to in the first paragraph died before 26 June 1986 and was 65 years of age or older at the time of his death, or if his age added to his years of service totalled 90 or more, sections 20, 24, 25 and 32 apply, in respect of the years that have entitled him to the pension credit under Division III of the Act respecting pension coverage for certain teachers, to the spouse’s pension or, as the case may be, to the guaranteed benefit, according to the election made by him under section 18 of the said Act. In that case, sections 20, 24, 25 and 32 shall apply as though they had been in force on the date on which the spouse’s pension or, as the case may be, the guaranteed benefit became payable. The maximum amount provided by section 22 shall be computed as of the same date with respect to the benefits the person would have been entitled to receive.

1986, c. 44, s. 42.

43. Division I of Chapter V, except sections 19 and 23, and sections 31 to 36, apply to every person who has become entitled to a deferred annuity under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan before 26 June 1986, which has not become payable before that date, and to every person who, on 25 June 1986, is receiving a pension by reason of mental or physical disability and who has already availed himself of the Act respecting pension coverage for certain teachers (chapter P-32.1). In such cases, the increase provided by section 20 becomes payable from the person’s sixty-fifth birthday.

However, if a person referred to in the first paragraph has become entitled to a deferred annuity under the Government and Public Employees Retirement Plan and if he meets, taking into account the years and parts of a year giving entitlement to the increase provided for in section 20 and taking into account his age when he ceased to participate in this plan, one of the criteria set out in section 19, Chapter V, except sections 28 to 30, applies and his benefits become payable from 26 June 1986. The amount of his benefits shall be established, with regard to his age, as of 26 June 1986.

1986, c. 44, s. 43; 1987, c. 47, s. 177; 1988, c. 82, s. 166.

44. A person who is receiving a pension under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan and who has already availed himself of the Act respecting pension coverage for certain teachers (chapter P-32.1) is entitled to receive, instead of the benefits computed under the said Act and instead of the pension credits to which he is entitled under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), except pension credits to which he is entitled under sections 101, 113 and 158 of the said Act, the increase provided by section 20 of this Act. Sections 22, 24 to 26, 31 to 33 and 34.12 to 34.16 apply to that person. In that case, the increase provided by section 20 shall be computed as though the said section had been in force on the date on which the benefits computed under the Act respecting pension coverage for certain teachers became payable, but not later than 25 June 1986.

However, if the person referred to in the first paragraph is granted a pension credit pursuant to section 101, 113 or 158 of the Act respecting the Government and Public Employees Retirement Plan, the pension credit shall continue to be paid, but section 89 and the first paragraph of section 94 of the said Act do not apply.

If the person referred to in the first paragraph died before 26 June 1986 and was 65 years of age or older at the time of his death or, where he was receiving a pension under the Act respecting the Government and Public Employees Retirement Plan, if his age added to his years of service totalled 90 or more, sections 20, 24 to 26 and 32 apply, in respect of the years that have entitled him to the pension credit under Division III of the Act respecting pension coverage for certain teachers, to the spouse’s pension or, as the case may be, to the guaranteed benefit, according to the election made by the person under section 18 of the said Act. In that case, sections 20, 24 to 26 and 32 shall apply as though they had been in force on the date on which the pension credit under Division III of the Act respecting pension coverage for certain teachers became payable to that person. The maximum amount provided by section 22 shall be computed as of the same date with respect to the benefits the person would have received.

1986, c. 44, s. 44; 1990, c. 87, s. 10.

44.1. For the purposes of section 44, a person who is receiving a pension under the Government and Public Employees Retirement Plan and who, taking into account the years and parts of a year giving entitlement to the increase provided by section 20 and the age at which he ceased to be employed, meets any of the criteria set out in section 19, is entitled to a pension computed in accordance with Division I of Chapter V instead of the pension he is presently receiving. The new pension shall be computed as though the said division had been in force on the date on which the pension he is receiving became payable to him.

The first paragraph applies in establishing the amount of the spouse’s pension referred to in sections 42 and 44 if it is paid under the Government and Public Employees Retirement Plan.

1987, c. 66, s. 4.

45. A person whose pension under the Teachers Pension Plan or the Civil Service Superannuation Plan became payable before 26 June 1986 or a person who ceased to participate in that plan before that date but after he becomes eligible for a deferred annuity is or will be entitled to receive, if section 24 of the Act respecting pension coverage for certain teachers (chapter P-32.1) was applicable, instead of the amount computed under the said section 24, the amount computed in accordance with sections 39 and 41 as though they had been in force on the date on which the amount established under the said section 24 became or becomes payable.

If a person referred to in the first paragraph died before 26 June 1986 and was then receiving the amount computed in accordance with section 24 of the Act respecting pension coverage for certain teachers, the first paragraph applies to the spouse’s pension according to the election made by the person under subparagraph b or c of the first paragraph of section 18 of the said Act.

1986, c. 44, s. 45; 1987, c. 47, s. 178; 1988, c. 82, s. 167.

46. A person who attained 65 years of age before 26 June 1986 and who transferred his years or parts of a year of service credited under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan to the pension plan of a body with which an agreement has been entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) is entitled to receive, if section 12 of the Act respecting pension coverage for certain teachers (chapter P-32.1) was applicable to him, instead of the pension credit under the said section 12, the amount computed in accordance with sections 40 and 41 of this Act as though they had been in force on the person’s sixty-fifth birthday.

If the person referred to in the first paragraph died before 26 June 1986 and was 65 years of age or older, the first paragraph applies to the amount payable to the spouse or, as the case may be, to the guaranteed benefit according to the election made by the person under section 18 of the Act respecting pension coverage for certain teachers.

1986, c. 44, s. 46.

47. For the purposes of computations under the second paragraph of section 42 and sections 44 to 46, the indexing provided for in section 25 shall be determined by indexing the initial amount according to the rate of indexation determined for each period under the Government and Public Employees Retirement Plan from the date on which the amount would have become payable.

In that case, the reduction prescribed in section 24 applies, if the payable pension is guaranteed under subparagraph a of the first paragraph of section 18 of the Act respecting pension coverage for certain teachers (chapter P-32.1), from the month immediately following the pensioner’s sixty-fifth birthday, even if he died before that age.

1986, c. 44, s. 47.

48. The second paragraph of section 42 and sections 44 to 46 apply only if, on 26 June 1986 or, as regards section 45, on the date on which the amount becomes payable, the amount computed under those sections is greater than the amount that was payable on 25 June 1986 or, as the case may be, on the date on which it becomes payable under the Act respecting pension coverage for certain teachers (chapter P-32.1). However, for the purposes of section 44.1, sections 42 and 44 apply only if the amount so computed increased by the amount of the new pension established under section 44.1 is greater than the amounts that were payable on 25 June 1986.

1986, c. 44, s. 48; 1987, c. 66, s. 5.

49. If the amount computed under the second paragraph of section 42 and under sections 44 and 46 increased, where such is the case, by the amount of the new pension established under section 44.1 is more advantageous within the meaning of section 48, the amount and the new pension are owing only in respect of instalments payable after 25 June 1986.

If the amount computed under section 45 is more advantageous, within the meaning of section 48, the amount is owing only from 26 June 1986 or, if it was not payable before that date, from the date it becomes payable. However, any amount owing from 26 June 1986 shall be payable only from the annual payment of June 1987.

Section 35 applies to benefits payable to any person or beneficiary contemplated in this chapter.

1986, c. 44, s. 49; 1987, c. 66, s. 6.

50. The persons contemplated in the first paragraph of each of sections 44, 45 and 46 who, on 25 June 1986, were receiving benefits under the Act respecting pension coverage for certain teachers (chapter P-32.1) in accordance with the election they had made under section 18 of the said Act may, notwithstanding section 48, elect to receive the amount computed under those sections or the benefits they were receiving on 25 June 1986.

If a person fails to indicate his election to the Commission before 1 January 1988, section 48 applies.

Where a person elects to receive the amount computed under section 44, 45 or 46, the election he had made under section 18 of the Act respecting pension coverage for certain teachers is cancelled and section 32 of this Act applies to that amount.

1986, c. 44, s. 50; 1987, c. 66, s. 7.

51. The provisions relating to a pensioner’s return to work under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan apply, adapted as required, to a person referred to in section 44 or, as the case may be, in section 45. Where that person participates or, as the case may be, again participates in the pension plan, he shall be, notwithstanding the second paragraph of section 2, a person to whom this plan is applicable, and sections 8, 9, 18, 34.1 to 34.17, 36, 54 and 55 apply.

Chapter III, Divisions I and III of Chapter IV and Chapter V apply to a person contemplated in this chapter who has become entitled to a deferred annuity under any of the pension plans referred to in the first paragraph who holds an employment contemplated in the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) and whose deferred annuity is not yet payable. The said provisions also apply to a person referred to in section 46.

1986, c. 44, s. 51; 1987, c. 47, s. 179; 1987, c. 107, s. 160; 1988, c. 82, s. 168; 1990, c. 87, s. 11; 2001, c. 31, s. 232.

52. The Act respecting pension coverage for certain teachers (chapter P-32.1) ceases to have effect from 26 June 1986 except sections 17 and 19 to 21, which continue to apply in all cases where the amount payable under the said Act is more advantageous within the meaning of section 48 of this Act and in all cases where the person has elected to receive, under section 50 of this Act, the benefits he was receiving on 25 June 1986. In such cases, if the person made an election under section 18 of the Act respecting pension coverage for certain teachers, sections 20 and 21 of the said Act continue to apply in accordance with the method elected under the said section 18. In cases where the person who made an election under the said section 18 died before 26 June 1986, the amount payable to the spouse or, where such is the case, to the beneficiary which is the most advantageous amount within the meaning of section 48 of this Act shall continue to be paid according to the method elected under section 18 of the Act respecting pension coverage for certain teachers.

Notwithstanding the foregoing, a person who has already availed himself of the said Act may apply for the redemption of other years and parts of years of service that could have been redeemed under the said Act, except where those years and parts of years have been the subject, before 26 June 1986, of a decision of the Commission or, depending on the date, of a decision of the Comité de retraite or any of its subcommittees, following an application for reexamination. That person must redeem such years and parts of a year in accordance with the Act respecting pension coverage for certain teachers as though he had redeemed them at the time he availed himself of the said Act. Any amount exigible is increased by interest compounded annually at the rate determined for each period in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), for the period comprised between 1 July of the year in which he availed himself of the said Act and the date of the redemption proposal made by the Commission.

The person who avails himself of the second paragraph shall be entitled to the adjustment of benefits afforded by the years and parts of years so redeemed, from, as the case may be, the latest of the following dates:

(1)  26 June 1986;

(2)  the date on which the benefits would become payable;

(3)  the date preceding by not more than 12 months the date of receipt of his application.

1986, c. 44, s. 52; 1987, c. 66, s. 8; 1990, c. 87, s. 12.

CHAPTER VIII FUNDS

DIVISION I TRANSFER AND INVESTMENT OF FUNDS

53. All sums paid to the Caisse de dépôt et placement du Québec pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) before 26 June 1986 in respect of any person contemplated in this Act shall be transferred to the Consolidated Revenue Fund, after deduction of the amount of any benefit paid or payable before 26 June 1986, having regard to the sums so transferred.

However, the sums transferred to the Commission pursuant to section 102 of the Act respecting the Government and Public Employees Retirement Plan and the contributory amounts paid by the employer in accordance with section 31 of the said Act shall not be transferred as provided in the first paragraph.

1986, c. 44, s. 53; 1987, c. 107, s. 161.

54. All sums paid after 25 June 1986 in respect of any person contemplated in this Act other than sums transferred to the Commission pursuant to section 102 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and the contributory amounts paid by the employer in accordance with sections 31 and 31.1 of the said Act or, as the case may be, with sections 44 and 45 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) shall be deposited with the Consolidated Revenue Fund. Sections 127 to 129 of the Act respecting the Government and Public Employees Retirement Plan apply to sums transferred to the Commission pursuant to section 102 thereof, to the contributory amounts paid by the employer and to the contributions of employees. However, the contributions of employees shall be transferred annually to the Consolidated Revenue Fund.

1986, c. 44, s. 54; 1987, c. 107, s. 162; 1989, c. 73, s. 2; 2001, c. 31, s. 233.

55. All transferred sums bear interest from 1 July of the year in which they are paid until the date of the transfer.

Interest is computed at the rate determined for each period in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), and is compounded annually.

1986, c. 44, s. 55.

DIVISION II PAYMENT OF BENEFITS

56. All sums required for the application of this Act are taken out of the consolidated revenue fund except those required for its administration, which are paid in accordance with section 158.5 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1986, c. 44, s. 56; 1996, c. 53, s. 49.

DIVISION III ACTUARIAL VALUATION

57. At least once every three years, the Commission shall cause an actuarial valuation of this plan to be made by the actuaries it designates. However, the rate of contribution applicable under this plan is the rate provided for in section 29 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or the rate determined, where such is the case, in respect of the latter plan by the Government pursuant to section 177 of the said Act.

1986, c. 44, s. 57; 1987, c. 47, s. 180.

CHAPTER IX MISCELLANEOUS PROVISIONS

58. All sums paid or refunded under this Act are inalienable and unseizable.

All benefits or refunds payable with respect to a person contemplated in this Act, pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Act respecting the Teachers Pension Plan (chapter R-11), the Act respecting the Civil Service Superannuation Plan (chapter R-12), the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) and the Act respecting pension coverage for certain teachers (chapter P-32.1), if, in the latter case, the benefits are more advantageous within the meaning of section 48, shall become benefits or refunds payable under the retirement plan established under this Act.

1986, c. 44, s. 58; 2001, c. 31, s. 234.

59. No person may claim a benefit or advantage under this Act unless he has applied therefor to the Commission, except in cases where section 48 applies.

Even in the absence of an application for payment, any benefit payable under this Act shall be paid on or before 31 December of the year in which the person 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.

Every application relating to the application of this Act received by the Commission between 20 November 1985 and 26 June 1986 is deemed to have been received on the latter date.

1986, c. 44, s. 59; 1997, c. 50, s. 10.

59.1. Where an application for redemption of years or parts of a year is made to the Commission under this plan, the Commission shall send the person 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 person 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 person or by operation of law. Where payment is exigible by instalments and the person fails to make a payment, the application for redemption is deemed never to have been made in respect of service for which the payments have not been made if the person 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 or counted first. However, in the case of sections 12 to 14 and section 52, the application for redemption is deemed never to have been made in respect of all the service, and the amounts paid by the person shall be refunded with the interest contemplated in section 34.14, computed in accordance with sections 34.15 and 34.16.

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 its decision is quashed 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. 13; 1991, c. 77, s. 7; 1992, c. 67, s. 11; 1993, c. 41, s. 4; 1993, c. 74, s. 5; 1994, c. 20, s. 5.

59.1.1. Notwithstanding section 59.1, an employee who makes an application for reexamination 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 Comité de retraite or the arbitrator, as the case may be, has been mailed, the Commission shall send a notice to the employee which, as of the date of the redemption proposal, repeats or modifies that proposal, and section 59.1 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. 6; 2002, c. 30, s. 4.

59.2. No benefit resulting from the redemption under this plan 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 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, and the rules and procedures for computing that part of the pension which relates to the years or parts of years redeemed, may be established by regulation.

1992, c. 67, s. 12.

59.3. The periods of absence of an employee occurring after 31 December 1991 which may be credited under this plan, for each type of absence and in total, are determined by regulation.

1992, c. 67, s. 12.

60. Sections 151 and 152 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply to any benefit payable under this Act, except that in respect of any application received before 1 January 1987

(1)  the word “sixty-first” shall be replaced by the words “one hundred and eighty-first”;

(2)  the word “sixtieth” shall be replaced by the words “one hundred and eightieth”.

1986, c. 44, s. 60.

61. The Government may, by order, amend Schedule I. In no case may the order have effect more than twelve months before it is issued.

1986, c. 44, s. 61.

61.1. A person who ceases to be a person to whom this plan is applicable for any period during which he is not in service in pensionable employment and who ceases to participate before 1 January 1989 is, notwithstanding section 4.1, deemed to have ceased to participate on the day he ceased to be a person to whom this plan is applicable.

1988, c. 82, s. 169.

62. The provisions of this Act apply notwithstanding the provisions of section 10 of the Charter of human rights and freedoms (chapter C-12).

The provisions of this Act have effect notwithstanding the provisions of 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).

1986, c. 44, s. 62; 1991, c. 14, s. 1; 1996, c. 10, s. 5; 2001, c. 31, s. 235.

63. The Government shall designate the minister responsible for the administration of this Act.

1986, c. 44, s. 63.

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.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

64. (Amendment integrated into c. R-10, s. 2).

1986, c. 44, s. 64.

65. (Amendment integrated into c. R-10, s. 16.1).

1986, c. 44, s. 65.

66. (Amendment integrated into c. R-10, s. 24).

1986, c. 44, s. 66.

67. (Amendment integrated into c. R-10, s. 25).

1986, c. 44, s. 67.

68. (Amendment integrated into c. R-10, s. 26).

1986, c. 44, s. 68.

69. (Amendment integrated into c. R-10, s. 60).

1986, c. 44, s. 69.

70. (Amendment integrated into c. R-10, s. 63).

1986, c. 44, s. 70.

71. (Amendment integrated into c. R-10, s. 67).

1986, c. 44, s. 71.

72. (Amendment integrated into c. R-10, s. 79).

1986, c. 44, s. 72.

73. (Amendment integrated into c. R-10, ss. 115.1-115.6).

1986, c. 44, s. 73.

74. (Amendment integrated into c. R-10, s. 122).

1986, c. 44, s. 74.

75. (Amendment integrated into c. R-10, s. 134).

1986, c. 44, s. 75.

76. (Amendment integrated into c. R-10, s. 137).

1986, c. 44, s. 76.

77. (Amendment integrated into c. R-10, s. 148).

1986, c. 44, s. 77.

78. (Amendment integrated into c. R-10, s. 149).

1986, c. 44, s. 78.

79. (Amendment integrated into c. R-10, s. 150).

1986, c. 44, s. 79.

80. (Amendment integrated into c. R-10, s. 165).

1986, c. 44, s. 80.

81. (Amendment integrated into c. R-10, s. 179).

1986, c. 44, s. 81.

82. (Amendment integrated into c. R-10, s. 181).

1986, c. 44, s. 82.

83. (Amendment integrated into c. R-10, s. 193).

1986, c. 44, s. 83.

84. (Amendment integrated into c. R-10, s. 197).

1986, c. 44, s. 84.

85. (Amendment integrated into c. R-10, s. 214).

1986, c. 44, s. 85.

86. (Amendment integrated into c. R-10, s. 220).

1986, c. 44, s. 86.

87. (Amendment integrated into c. R-10, s. 223.1).

1986, c. 44, s. 87.

88. (Amendment integrated into c. R-10, Schedule I).

1986, c. 44, s. 88.

89. (Amendment integrated into c. R-10, Schedule II).

1986, c. 44, s. 89.

90. (Amendment integrated into c. R-10, Schedule III).

1986, c. 44, s. 90.

ACT RESPECTING THE TEACHERS PENSION PLAN

91. (Amendment integrated into c. R-11, s. 13.1).

1986, c. 44, s. 91.

92. (Amendment integrated into c. R-11, s. 21).

1986, c. 44, s. 92.

93. (Amendment integrated into c. R-11, s. 22).

1986, c. 44, s. 93.

94. (Amendment integrated into c. R-11, s. 66).

1986, c. 44, s. 94.

95. (Amendment integrated into c. R-11, s. 73).

1986, c. 44, s. 95.

96. (Amendment integrated into c. R-11, s. 76.1).

1986, c. 44, s. 96.

97. (Amendment integrated into c. R-11, s. 78.1).

1986, c. 44, s. 97.

ACT RESPECTING THE CIVIL SERVICE SUPERANNUATION PLAN

98. (Amendment integrated into c. R-12, s. 12).

1986, c. 44, s. 98.

99. (Amendment integrated into c. R-12, s. 60.2).

1986, c. 44, s. 99.

100. (Amendment integrated into c. R-12, s. 66.1).

1986, c. 44, s. 100.

101. (Amendment integrated into c. R-12, s. 66.2).

1986, c. 44, s. 101.

102. (Amendment integrated into c. R-12, s. 74).

1986, c. 44, s. 102.

103. (Amendment integrated into c. R-12, s. 109).

1986, c. 44, s. 103.

104. (Amendment integrated into c. R-12, s. 112.1).

1986, c. 44, s. 104.

105. (Amendment integrated into c. R-12, s. 114.1).

1986, c. 44, s. 105.

106. Sections 83 and 84 have effect from 1 July 1983.

1986, c. 44, s. 106.

107. Sections 88, 89 and 90 have effect insofar as the schedules refer to

(1)  the Hôpital Jeanne-Mance inc. and the Centre hospitalier Jeanne-Mance inc., from 23 July 1984;

(2)  the Centre des métiers d’art de l’Est du Québec, from 4 January 1985;

(3)  the Centre d’accueil le Chaînon and the Ateliers le Cap-Centre d’adaptation professionnelle, from 19 March 1985;

(4)  the Société des établissements de plein air du Québec, the Centre d’accueil Caprol-Rayon de Soleil and the Centre d’intégration socio-professionnelle de Laval, from 20 March 1985;

(5)  the Centre d’hébergement St-Hilaire enr., the Foyer Saint-François, the Foyer Saint-François inc., the Résidence Pasquier inc. and the Société Informas du Québec (S.I.Q.), from 1 April 1985;

(6)  the Centre québécois de valorisation de la biomasse, from 8 May 1985;

(7)  the Centre d’accueil Nazareth inc., from 12 June 1985;

(8)  the Institut de recherche et d’information sur la rémunération, from 19 June 1985.

1986, c. 44, s. 107.

108. Sections 66, 67, 68, 92, 93, 98, 100 and 101 apply to all consecutive periods of a leave in progress on 19 June 1986 or beginning after that date.

1986, c. 44, s. 108.

109. Sections 96 and 104 apply only in respect of applications received after 19 June 1986.

1986, c. 44, s. 109.

110. The regulations made before 1 January 1987 in accordance with paragraph 9 of section 73 of the Act respecting the Teachers Pension Plan (chapter R-11) and paragraph 8 of section 109 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) may, once they are published in the Gazette officielle du Québec, apply from 19 June 1986.

1986, c. 44, s. 110.

111. The regulations made before 1 January 1987 in accordance with section 197 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) may, once they are published in the Gazette officielle du Québec, apply from 1 July 1983.

1986, c. 44, s. 111.

112. Any employee of the social affairs sector who holds a position or employment on a casual basis within the meaning of the regulation made pursuant to paragraph 5 of section 4 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) but who had not been engaged for the specific purpose of holding such a position or employment is deemed to be an employee contemplated in that plan from 1 January 1987 even if he held such position or employment between 30 June 1973 and 1 January 1987 with an agency or body of the social affairs sector.

Any person who contributes to the Teachers Pension Plan or to the Civil Service Superannuation Plan and who, within 180 days of ceasing to hold office but after 1 January 1987, holds a position or employment in the social affairs sector, on a casual basis within the meaning of the regulations made under paragraph 2 of section 3 of the Act respecting the Teachers Pension Plan (chapter R-11) and under paragraph 1 of section 53 of the Act respecting the Civil Service Superannuation Plan (chapter R-12), but who had not been engaged for the specific purpose of holding such a position or employment, shall continue to be a member of his pension plan insofar as such plan allows him to remain a member.

Any person who held a position or employment referred to in this section, between 30 June 1973 and 1 January 1987, and contributed to the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan, is deemed to have been a member of the plan to which he contributed.

1986, c. 44, s. 112.

113. Every application for reexamination made in relation to the Act respecting pension coverage for certain teachers (chapter P-32.1) in respect of which no decision is made by the Comité de retraite or any of its subcommittees on 26 June 1986 is an application for which a decision is deemed to be made under the Pension Plan of Certain Teachers for the purposes of section 181 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as replaced by section 82 of this Act.

1986, c. 44, s. 113.

114. Section 62, and section 87 insofar as it refers to section 115.4 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), have effect from 28 May 1986.

1986, c. 44, s. 114.

115. (Omitted).

1986, c. 44, s. 115.

SCHEDULE I

(Section 3)

LIST OF RELIGIOUS COMMUNITIES

Fathers

Assomptionnistes

Augustinian Fathers

Basilian Fathers

Basilian Fathers of St. Josaphat

Bénédictins

Capucins

Chanoines Réguliers de l’Immaculée-Conception

Cisterciens de l’Immaculée-Conception

Clarétains

Clercs de Saint-Viateur

Consolata (Missionnaires de la)

Dominicains

Eudistes

Fils de la Charité

Franciscains

Fraternité Sacerdotale

Friars Minor Conventual

Institut séculier Pie-X

Jésuites

Marianistes

Mariannhill (Missionnaires de)

Maristes

Missions africaines (Société des)

Missions étrangères (Société des)

Monfortains

Oblats de Marie Immaculée

Pallotine Fathers

Passionist Fathers

Pères Blancs d’Afrique

Prémontrés (Ordre des)

Rédemptoristes

Resurrectionist Fathers

Sacré-Coeur (Missionnaires du)

Sacré-Coeur de Jésus (Prêtres du)

Sacrés-Coeurs de Jésus et de Marie (Pères des)

Saint-Esprit (Pères du)

Saint-Vincent-de-Paul (Religieux de)

Sainte-Croix (Congrégation de)

Saints-Apôtres (Société des)

Salésiens de Don Bosco

Salette (Missionnaires de la)

Scarboro Foreign Mission Society

Servites de Marie

Société du Verbe divin

Sulpiciens

Trappistes

Très-Saint-Sacrement (Congrégation du)

Trinitaires

Brothers

Charité (Frères de la)

Christian Brothers (Congregation of)

Écoles Chrétiennes (Frères des)

Hospitaliers de Saint-Jean-de-Dieu

Instruction Chrétienne (Frères de l’)

Little Brothers of the Good Shepherd

Maristes (Frères)

Notre-Dame de la Miséricorde (Frères de)

Our Lady of Lourdes (Brothers of)

Our Lady of The Seven Sorrows (Brothers of)

Presentation Brothers

Sacré-Coeur (Frères du)

Saint-Gabriel (Frères de)

Sainte-Croix (Frères de)

Sisters

Antoniennes de Marie

Assomption de la Ste-Vierge (Soeurs de l’)

Auxiliatrices (Soeurs)

Benedictine Sisters

Bon-Pasteur d’Angers (Soeurs du)

Bon-Pasteur de Québec (Soeurs du)

Carmelite Sisters of The Divine Heart

Carmélites

Carmélites Missionnaires

Charité de la Providence (Soeurs de la)

Charité de Notre-Dame d’Evron (Soeurs de la)

Charité de Québec (Soeurs de la)

Charité de Saint-Hyacinthe (Soeurs de la)

Charité de Saint-Louis (Soeurs de la)

Charité de Sainte-Marie (Soeurs de la)

Charité d’Ottawa (Soeurs de la)

Clarisses—Order of St. Clare

Congrégation de Notre-Dame

Daughters of the Holy Spirit

Disciples du Divin Maître (Soeurs)

Dominicaines (Soeurs)

Dominicaines de la Trinité

Dominicaines de Ste-Catherine-de-S.

Dominicaines des Saints-Anges

Dominicaines Missionnaires Adoratrices

Enfant-Jésus (Soeurs de l’)

Faithful Companions of Jesus

Felician Sisters

Filles de la Charité de St-Vincent-de-Paul

Filles de la Charité du Sacré-Coeur de Jésus

Filles de Jésus

Filles de la Croix

Filles de la Providence

Filles de la Sagesse

Filles de Marie-Auxiliatrice

Filles de Marie-de-l’Assomption

Filles de Saint-Paul

Filles de Ste-Marie-de-la Prés.

Filles du Coeur de Marie

Filles Réparatrices du Divin Coeur

Franciscaines Missionnaires de l’Immaculée-Conception

Franciscaines Missionnaires de Marie

Grey Sisters of The Immaculate Conception

Grises de Montréal (Soeurs)

Hospitalières de Saint-Augustin

Hospitalières de Saint-Joseph

Immaculée (Soeurs de l’)

Institut Jeanne-d’Arc

Jésus-Marie (Religieuses de)

Marie-Réparatrice (Religieuses de)

Maristes (Soeurs)

Miséricorde (Soeurs de la)

Missionary Sisters of The Precious Blood

Missionary SS. of Christian Charity

Missionnaires de l’Immaculée-Conception

Missionnaires de Notre-Dame d’Afrique

Missionnaires de Notre-Dame-des-Anges

Missionnaires du Christ-Roi

Missionnaires du Saint-Esprit

Missionnaires Notre-Dame des Apôtres

Missionnaires Oblates du S.C. et de M.I.

Notre-Dame-Auxiliatrice (Soeurs de)

Notre-Dame d’Auvergne (Soeurs)

Notre-Dame de Sion (Soeurs)

Notre-Dame du Bon-Conseil (Soeurs de)—Montréal

Notre-Dame du Bon-Conseil (Soeurs de)—Québec

Notre-Dame du Bon Conseil de Chicoutimi (Congrégation des Soeurs)

Notre-Dame du Perpétuel-Secours (Soeurs de)

Notre-Dame du Sacré-Coeur (Soeurs de)

Notre-Dame du Saint-Rosaire (Soeurs de)

Oblates de Béthanie

Oblates Franciscaines de Saint-Joseph

Our Lady of The Missions

Our Lady of The Retreat in The Cenacle (Congregation of)

Our Lady’s Missionaries

Petites Filles de Saint-François

Petites Filles de Saint-Joseph

Petites Franciscaines de Marie

Petites Missionnaires de Saint-Joseph

Petites Soeurs de Jésus

Petites Soeurs de la Sainte-Famille

Petites Soeurs de l’Assomption

Précieux Sang (Religieuses du)

Présentation de Marie (Soeurs de la)

Recluses Miss. de Jésus-Marie

Redemptoristine Sisters

Sacré-Coeur (Soeurs du)

Sacré-Coeur de Jésus (Religieuses du)

Sacré-Coeur de Jésus de Marie

Sacrés-Coeurs et de l’A.P. (Soeurs des)

Saint-François-d’Assise (Soeurs de)

Saint-Joseph-de-Saint-Hyacinthe (Soeurs de)

Saint-Joseph-de-Saint-Vallier (Soeurs de)

Saint-Paul de Chartres (Soeurs de)

Sainte-Anne (Soeurs de)

Sainte-Chrétienne (Soeurs de)

Sainte-Croix (Soeurs de)

Sainte-Famille de Bordeaux (Soeurs de la)

Sainte-Jeanne-d’Arc (Soeurs de)

Sainte-Marie de Namur (Soeurs de)

Sainte-Marthe (Soeurs de)

Saints-Apôtres (Soc. des SS. des)

Saints-Coeurs de Jésus-Marie (Soeurs des)

Saints-Noms de Jésus et de Marie (Soeurs des)

Sauveur (Soeurs du)

School Sisters of Notre Dame

Servantes de N.-D., Reine Du C.

Servantes du Saint-Coeur de Marie

Servantes du Très Saint-Sacrement

Servants of Mary Immaculate

Servites de Marie

Sisters of Charity of St-Vincent de Paul

Sisters of Charity of the Immaculate Conception

Sisters of Loretto

Sisters of Mercy

Sisters of Mission Service

Sisters of Our Lady of the Cross

Sisters of Providence of Saint Vincent de Paul

Sisters of Saint Elizabeth

Sisters of Saint Joseph—(Hamilton)

Sisters of Saint Joseph—(London)

Sisters of Saint Joseph—(Pembroke)

Sisters of Saint Joseph—(Peterborough)

Sisters of Saint Joseph—(Sault Ste. Marie)

Sisters of Saint Joseph—(Toronto)

Sisters of St. Martha—(Antigonish, N.S.)

Sisters of St. Martha—(Charlottetown, P.E.I.)

Sisters of Service

Sisters of Social Service

Sisters of The Child Jesus

Sisters of The Presentation

Trinitaires (Soeurs)

Ursuline of Jesus

Ursuline Religious—(Bruno, Sask.)

Ursuline Religious—(Chatham, Ont.)

Ursuline Sisters—(Saskatoon, Sask.)

Ursuline Sisters—(Winnipeg, Man.)

Ursulines—(Québec)

Enclosed orders

Bénédictines

Carmélites

Cisterciennes

Clarisses

Dominicaines

Rédemptoristines

Visitandines

Contemplative nuns

Petites Soeurs de Jésus

Recluses Missionnaires de Jésus-Marie

Religieuses du Précieux-Sang

Servantes de Jésus-Marie

Servantes du Très Saint-Sacrement

Société de Marie-Réparatrice

1986, c. 44, Schedule I; O.C. 1582-89 of 10.10.89, (1989) 121 G.O. 2, 3979; O.C. 583-90 of 02.05.90, (1990) 122 G.O. 2, 1387.

SCHEDULE II

(Section 15)

PREMIUM PER $10 OF ANNUAL PENSION

Age         Men      Women       Age     Men          Women

18       $3.141      $3.537      50      $17.424     $19.620
19        3.314       3.731      51       18.382      20.699
                                 52       19.393      21.838
20        3.496       3.937      53       20.460      23.039
21        3.688       4.153      54       21.585      24.306
22        3.891       4.382
23        4.105       4.623
24        4.331       4.877      55       22.772      25.643
                                 56       24.139      27.181
25        4.569       5.145      57       25.587      28.812
26        4.820       5.428      58       27.122      30.541
27        5.086       5.727      59       28.750      32.373
28        5.365       6.042
29        5.660       6.374      60       30.475      34.316
                                 61       32.303      36.375
30        5.972       6.724      62       34.241      38.557
31        6.300       7.094      63       36.296      40.870
32        6.647       7.484      64       38.474      43.323
33        7.012       7.896
34        7.398       8.330
                                 65       40.782      45.922
35        7.805       8.788      66       39.684      44.959
36        8.234       9.272      67       37.976      43.933
37        8.687       9.782      68       36.806      42.885
38        9.165      10.320      69       35.683      41.817
39        9.669      10.887

40       10.201      11.486      70       34.485      40.782
41       10.762      12.118      71       33.683      39.684
42       11.353      12.784      72       32.428      37.976
43       11.978      13.488      73       31.175      36.806
44       12.637      14.229      74       29.920      35.683

45       13.332      15.012      75       28.661      34.485
46       14.065      15.838      76       27.396      33.683
47       14.839      16.709      77       26.141      32.428
48       15.655      17.628      78       24.905      31.175
49       16.516      18.597      79       23.696      29.920

                                 80       22.519      28.661            

1986, c. 44, Schedule II.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 44 of the statutes of 1986, in force on 1 September 1986, is repealed, except section 115, effective from the coming into force of chapter R-9.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 112 of chapter 44 of the statutes of 1986, in force on 1 March 1987, is repealed effective from the coming into force of the updating to 1 March 1987 of chapter R-9.1 of the Revised Statutes.