r-11 - Act respecting the Teachers Pension Plan

Updated to 1 April 1999

This document has official status.

chapter R-11

Act respecting the Teachers Pension Plan

CHAPTER I APPLICATION AND ADMINISTRATION

1983, c. 24, s. 2.

DIVISION I GENERAL PROVISIONS

1983, c. 24, s. 2.

1. This pension plan, which replaces the plan that applied from 1 July 1965, applies to a teacher who is a person appointed or employed before 1 July 1973 if he holds a pedagogical or educational position, within the meaning of the regulations, in a teaching institution contemplated in Schedule I.

Every person who had a right to contribute during the school year 1964-65 to the plan provided in Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) is a teacher as long as he continues to hold the employment from which that right is derived.

1965 (1st sess.), c. 68, s. 1 (part); 1966-67, c. 64, s. 1; 1970, c. 56, s. 1; 1972, c. 60, s. 48; 1973, c. 12, s. 186; 1974, c. 63, s. 1; 1977, c. 23, s. 1; 1977, c. 5, s. 14; 1982, c. 51, s. 49; 1983, c. 24, s. 2.

2. The plan also applies, on conditions determined by regulation, to a teacher whose services are required by a teachers’ association or an agency in the field of education contemplated in Schedule II.

1973, c. 12, s. 187; 1977, c. 23, s. 2; 1983, c. 24, s. 2.

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

For the purposes of this plan, salary insurance means the salary insurance that is mandatory for the teacher, but does not include the salary insurance referred to in section 29.1.

1987, c. 47, s. 86; 1988, c. 82, s. 58; 1995, c. 70, s. 44.

2.2. For the purposes of the plan, a teacher shall participate in a plan from his first day of service in pensionable employment.

A teacher shall participate in a plan as long as he remains a teacher within the meaning of the plan. However, for the purposes of eligibility for and computation of benefits under this plan, where a teacher ceases to be a teacher within the meaning of this plan for any period during which he is not in service in pensionable employment and is not entitled to a pension by reason of mental or physical disability, the teacher 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.

1988, c. 82, s. 59.

3. This plan does not apply to a teacher who

(1)  is a Member of the National Assembly;

(2)  is excluded from the plan by reason of his class or conditions of employment, or his remuneration or mode of remuneration as determined by regulation;

(3)  is an employee covered by the Pension Plan of Peace Officers in Correctional Services;

(4)  belongs to a class of employees designated under the first paragraph of section 10.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), except where he makes the election provided for in the third paragraph of that section.

1973, c. 12, s. 187; 1977, c. 23, s. 3; 1983, c. 24, s. 2; 1987, c. 47, s. 87; 1987, c. 107, s. 210; 1990, c. 87, s. 105; 1991, c. 77, s. 64.

3.1. (Replaced).

1982, c. 51, s. 50; 1983, c. 24, s. 2.

4. A teacher is no longer a teacher within the meaning of the plan on 31 December of the year in which he attains 69 years of age.

1973, c. 12, s. 187; 1974, c. 63, s. 2; 1983, c. 24, s. 2; 1987, c. 47, s. 88; 1988, c. 82, s. 60; 1991, c. 77, s. 65; 1997, c. 50, s. 59.

DIVISION II SPECIAL PROVISIONS

1983, c. 24, s. 2.

5. A teacher who, within 180 days of ceasing to be a person to whom this plan applies, holds pensionable employment under this plan or the Government and Public Employees Retirement Plan, but not, in the latter case, employment listed in Schedule I or II to the Act respecting the Civil Service Superannuation Plan (chapter R-12), is a member of this plan. An officer who, within 180 days of ceasing to be a person to whom the Civil Service Superannuation Plan applies, holds pensionable employment under this plan, is a member of the latter plan.

A teacher who, during a leave without pay, holds pensionable employment under the Government and Public Employees Retirement Plan is a member of this plan in respect of that employment.

A teacher placed on reserve as in section 6 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) shall again become a member of this plan if he ceases to be employed as a peace officer in correctional services to again become a teacher within the meaning of this plan before the end of the leave without pay granted to him to hold employment as a peace officer.

1973, c. 12, s. 187; 1977, c. 23, s. 4; 1983, c. 24, s. 2; 1987, c. 47, s. 89; 1987, c. 107, s. 211; 1988, c. 82, s. 61; 1990, c. 32, s. 26; 1990, c. 87, s. 79; 1997, c. 50, s. 60.

5.0.1. Except in the case of a pensioner under this plan or the Civil Service Superannuation Plan, a teacher or an officer, as the case may be, who has ceased to be a person to whom such a plan is applicable because he has become a Member of the National Assembly may elect to become a member of this plan if, within 180 days of the date on which he ceased to be a Member of the National Assembly, such a teacher holds pensionable employment under this plan or under the Government and Public Employees Retirement Plan, except, in the latter case, employment contemplated in SChedule I or II to the Act respecting the Civil Service Superannuation Plan (chapter R-12), of if, within the same period, such an officer holds pensionable employment under this plan.

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

1992, c. 16, s. 10.

5.1. (Replaced).

1982, c. 51, s. 51; 1983, c. 24, s. 2.

6. A teacher laid off for surplus of personnel, who teaches 20 days at the elementary level, 95 periods at the secondary level or 45 periods at the college level during each school year following the year of such lay-off, may be credited with those teaching days or periods if he again holds an employment contemplated by this plan within 30 months from the end of the school year in which he was laid off.

To be credited with such days or periods, the teacher, within one year following the date of his return to work in employment contemplated by this plan, shall apply therefor and pay the contributions provided for by the plan.

1974, c. 63, s. 3; 1983, c. 24, s. 2.

7. The school year, for the purposes of the plan, is

(1)  in the case of a school board, the period included between 1 July of one year and 30 June of the next year;

(2)  in all other cases, the period of twelve months generally recognized by the body in the contract of employment.

1965 (1st sess.), c. 68, s. 2; 1970, c. 56, s. 2; 1973, c. 12, s. 188; 1977, c. 23, s. 5; 1982, c. 51, s. 52; 1983, c. 24, s. 2; 1985, c. 18, s. 30.

8. A teacher who accepts or has accepted, from 1 July 1970, a position with a university in Québec, following the transfer of jurisdiction over his position from a teaching institution under the control of the Government to a university in Québec, may, with the approval of the Comité de retraite, continue to participate in the plan.

1965 (1st sess.), c. 68, s. 3; 1966-67, c. 64, s. 2; 1973, c. 12, s. 189; 1977, c. 23, s. 6; 1982, c. 51, s. 53; 1983, c. 24, s. 2.

8.1. (Replaced).

1982, c. 51, s. 54; 1983, c. 24, s. 2.

8.2. (Replaced).

1982, c. 51, s. 54; 1983, c. 24, s. 2.

9. A teacher who ceases to be a member of this plan and who, within 180 days after the date on which this plan ceased to apply to him, becomes a member of the staff of the Lieutenant-Governor, is a member of this plan.

1970, c. 56, s. 3; 1977, c. 23, s. 8; 1982, c. 33, s. 24; 1982, c. 51, s. 55; 1983, c. 24, s. 2; 1983, c. 55, s. 149; 1984, c. 27, s. 87; 1984, c. 47, s. 141; 1987, c. 47, s. 90; 1990, c. 87, s. 80.

9.0.1. A teacher who ceases to be a member of this plan and who, within 180 days after the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) is a member of this plan if he is entitled to re-assignment to a position where this plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan would apply to him.

If he is not entitled to such re-assignment, he may be a member of this plan if he applies therefor during the year following the date on which he became such a member of staff and if the Government adopts an order to that effect. The order takes effect on the date on which he became such a member of staff.

1990, c. 87, s. 80.

DIVISION III ADMINISTRATION

1983, c. 24, s. 2.

9.1. (Replaced).

1982, c. 33, s. 24; 1982, c. 51, s. 56; 1983, c. 24, s. 2.

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

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

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

1973, c. 11, s. 11; 1973, c. 12, s. 190; 1977, c. 23, s. 9; 1982, c. 51, s. 57; 1983, c. 24, s. 2; 1997, c. 50, s. 61.

10.1. Where an application for redemption of years or parts of a year is made to the Commission under this plan, the Commission shall send to the teacher 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 teacher 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 teacher or by operation of law. Where payment is exigible by instalments and the teacher 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 teacher does not make the payment which has become overdue within 30 days after the date of a notice from the Commission to that effect. In that case, the most recent service is credited first. However, in the case of sections 21, 76 and 76.1, the application for redemption is deemed never to have been made in respect of all the service, and the amounts paid by the teacher shall be refunded without interest.

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

1990, c. 87, s. 81; 1991, c. 77, s. 66; 1992, c. 67, s. 57; 1993, c. 74, s. 16; 1994, c. 20, s. 24; 1997, c. 43, s. 633.

10.1.1. Notwithstanding section 10.1, a teacher who makes an application for review in the period during which the redemption proposal is valid is not bound to accept it during that period, or to make payments, until a final decision has been made on his application. After the decision of the Comité de retraite or the Administrative Tribunal of Québec, as the case may be, has been mailed, the Commission administrative des régimes de retraite et d’assurances shall send a notice to the teacher which, as of the date of the redemption proposal, repeats or modifies that proposal, and section 10.1 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 VI 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. 17; 1997, c. 43, s. 851.

10.2. 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. 58.

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

1992, c. 67, s. 58.

CHAPTER II DETERMINATION OF THE PENSIONABLE SALARY AND YEARS OF SERVICE

1983, c. 24, s. 2.

DIVISION I PENSIONABLE SALARY

1983, c. 24, s. 2.

11. The pensionable salary of a teacher is the basic salary paid to him during a calendar year, the salary to which he would have been entitled during a period of absence to which salary insurance applies and, in the case of a female teacher, the salary to which she would have been entitled if she had not taken maternity leave.

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

1965 (1st sess.), c. 68, s. 4; 1966-67, c. 64, s. 3; 1970, c. 56, s. 4; 1973, c. 12, s. 191; 1974, c. 63, s. 4; 1977, c. 23, s. 10; 1982, c. 51, s. 58; 1983, c. 24, s. 2; 1988, c. 82, s. 62; 1991, c. 77, s. 67.

12. (Repealed).

1965 (1st sess.), c. 68, s. 5; 1966-67, c. 64, s. 4; 1970, c. 56, s. 5; 1973, c. 12, s. 192; 1977, c. 23, s. 11; 1979, c. 42, s. 8; 1980, c. 18, s. 12; 1982, c. 51, s. 59; 1983, c. 24, s. 2; 1985, c. 18, s. 31; 1988, c. 82, s. 63.

13. Notwithstanding section 11, every lump sum paid as an increase or adjustment of the pensionable salary for a previous year is part of the pensionable salary for the year in which it is paid.

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

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

1965 (1st sess.), c. 68, s. 6; 1970, c. 56, s. 6; 1973, c. 12, s. 193; 1974, c. 63, s. 5; 1983, c. 24, s. 2; 1987, c. 47, s. 91; 1987, c. 107, s. 212; 1988, c. 82, s. 64; 1990, c. 32, s. 27.

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

The first paragraph applies from the date on which the designation of the body in Schedule II.1 takes effect and the body begins to pay contributory amounts as an employer and deducts the contributions from the pensionable salary it pays to such a teacher.

1986, c. 44, s. 91; 1987, c. 47, s. 92; 1995, c. 46, s. 23.

14. The pensionable salary of a teacher in any calendar year shall not be less than the basic salary to which he is entitled in that year, determined in accordance with the conditions of employment applicable to him and taking into account the second paragraph of section 11, with the exception of any lump sum paid subsequently as an increase or adjustment of the pensionable salary for that year.

1973, c. 12, s. 193; 1977, c. 23, s. 12; 1982, c. 51, s. 60; 1983, c. 24, s. 2; 1988, c. 82, s. 65.

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

If the total service credited in respect of the pensionable employments of the teacher is reduced by the application of section 17, the pensionable salary of the teacher shall not exceed the total of the following amounts:

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

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

For the purposes of subparagraph 1 of the second paragraph, the salary attached to an employment is the salary defined in section 11, computed on a yearly basis and multiplied by the total service credited.

For the purposes of the third paragraph of section 35.0.1, the teacher is deemed to have held only one employment during the year and his annual basic salary shall be the salary attached to the employment to which subparagraph 1 of the second paragraph applies.

1977, c. 23, s. 13; 1983, c. 24, s. 2; 1987, c. 47, s. 93; 1988, c. 82, s. 66; 1991, c. 77, s. 68; 1995, c. 46, s. 24.

15.1. Notwithstanding sections 11 to 15, the pensionable salary of a teacher shall not exceed the salary required to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

For the purposes of the first paragraph, the pensionable salary of a teacher who, for his service in a calendar year, is credited with less than one year of service is, without exceeding the salary required to arrive at the limit referred to in the first paragraph, equal to the amount obtained by carrying out, in order, the following operations:

(1)  dividing the salary referred to in sections 11 to 15, reduced by the amount established in accordance with the third paragraph of section 35.0.1, by the service credited; and

(2)  adding to the result of that operation the amount established in accordance with the third paragraph of section 35.0.1.

For the purposes of the second paragraph, the pensionable salary referred to in the third paragraph of section 35.0.1 does not take account of the limit provided for in the first paragraph.

1991, c. 77, s. 69; 1992, c. 67, s. 59.

DIVISION II YEARS OF SERVICE

1983, c. 24, s. 2.

§ 1 . — General provisions

1983, c. 24, s. 2.

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

Service is credited according to the number of days and parts of days for which the teacher contributed and was exempt and the days and parts of days otherwise credited to him out of the number of pensionable days in a year, that is 200 or 260, according to the basis of remuneration. If, in the total number of days and parts of days there remains part of a day that is less than 0.5, the fraction is disregarded or, if the fraction is greater than or equal to 0.5, it is considered a full day.

1977, c. 23, s. 13; 1983, c. 24, s. 2; 1991, c. 77, s. 70; 1997, c. 50, s. 62.

17. If a teacher simultaneously holds more than one pensionable employment, the service he accomplishes is credited up to one year of service.

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

1965 (1st sess.), c. 68, s. 7; 1973, c. 12, s. 194; 1977, c. 23, s. 14; 1982, c. 51, s. 61; 1983, c. 24, s. 2; 1987, c. 47, s. 94; 1988, c. 82, s. 67.

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

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

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

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

1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62; 1983, c. 24, s. 2; 1987, c. 47, s. 95; 1989, c. 76, s. 5; 1992, c. 16, s. 11.

19. The days and parts of a day of a maternity leave commencing after 31 December 1988 shall be credited to the teacher, without contributions, up to 130 contributory days.

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

1965 (1st sess.), c. 68, s. 8; 1970, c. 56, s. 7; 1977, c. 23, s. 16; 1983, c. 24, s. 2; 1987, c. 47, s. 96; 1988, c. 82, s. 68.

20. The days and parts of days of absence which are totally compensated for out of accumulated sick leave are credited to the teacher only if the contributions are paid. This rule applies even in the cases provided for in sections 18, 19 and 76.2. Such days and parts of days are also credited to a teacher who has at least 35 years of credited service, without his having to pay contributions.

1977, c. 23, s. 17; 1982, c. 51, s. 63; 1983, c. 24, s. 2; 1988, c. 82, s. 69; 1991, c. 77, s. 71.

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds pensionable employment under this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace Officers in Correctional Services or the Government and Public Employees Retirement Plan, even if, in the latter case, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he avails himself of an agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of that leave or, if such is the case, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60; 1997, c. 50, s. 63.

21.1. An officer who ceases to be a member of the Civil Service Superannuation Plan and becomes a member of this plan may be credited under this plan with all years or parts of years that could have been credited under section 66.1 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) provided he satisfies the conditions prescribed therein.

1992, c. 67, s. 61.

22. If the application to redeem a leave without pay authorized by the employer is not received within six months following the return to work in the case of a full-time leave without pay, or within six months after the end of the authorized leave in the case of a part-time leave without pay, the amount required to pay the cost of redemption is increased by interest at the rate in force under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) on the date of receipt of the application. The interest is computed from the end of the sixth month following the return to work or, in the case of a part-time leave without pay, from the end of the sixth month after the end of the authorized leave, until the date of receipt of the application, and is compounded annually.

To pay the redemption cost of leave without pay, a teacher may spread its payment over the period and payment dates determined by the Commission.

1965 (1st sess.), c. 68, s. 10; 1966-67, c. 64, s. 5; 1970, c. 56, s. 8; 1973, c. 12, s. 196; 1982, c. 51, s. 65; 1983, c. 24, s. 2; 1985, c. 18, s. 33; 1986, c. 44, s. 93.

23. The years and parts of a year of teaching that have been recognized for purposes of seniority under a collective agreement applicable between 1979 and 1985, by reason of a dismissal or forced resignation because of marriage or maternity, to a female teacher who is a member of the teaching staff or the professional staff of a school board, may be credited.

To have such years and parts of a year credited, the teacher shall pay an amount equal to the contributions reimbursed to her with interest at 5 %, compounded annually, for the period included between the date of the reimbursement and 30 June 1973 and with interest, compounded annually, at the rate determined for each period by the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), for the period included between 1 July 1973 and the date of receipt of the application.

The amount determined under the second paragraph is payable in a lump sum or by instalments spread over the period and payable at the times determined by the Commission. If it is paid by instalments, it bears interest, compounded annually, at the rate in force under the Act respecting the Government and Public Employees Retirement Plan on the date on which the application is received, computed from the date on which the redemption proposal made by the Commission expires.

1970, c. 56, s. 9; 1973, c. 12, s. 197; 1974, c. 63, s. 6; 1977, c. 23, s. 19; 1982, c. 51, s. 66; 1983, c. 24, s. 2; 1985, c. 18, s. 34; 1990, c. 87, s. 82.

23.1. Section 23 applies to a female teacher of a school board who is a member of the supervisory personnel if she was dismissed or forced to resign by reason of marriage or maternity pursuant to a by-law or written policy of the school board where the teacher holds a position contemplated in this plan.

1985, c. 18, s. 34.

§ 2 . — Special provisions

1983, c. 24, s. 2.

24. Every teacher may have years and parts of a year of service credited to him under the Civil Service Superannuation Plan if his contributions have not been reimbursed to him and if he is not a pensioner under that plan.

Notwithstanding the fact that no application to that effect has been made by the teacher, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 72.1, the Commission shall assess the benefits accumulated under this plan and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.

1965 (1st sess.), c. 68, s. 11; 1970, c. 56, s. 10; 1977, c. 23, s. 20; 1982, c. 51, s. 67; 1983, c. 24, s. 2; 1990, c. 32, s. 28.

25. Every teacher is entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a pension plan which applied before 1 January 1992 to a Member of the National Assembly and in respect of which he obtained a refund of his contributions, except if he has already exercised a right of redemption in respect of such years and parts of a year under a pension plan other than this plan.

The teacher shall pay to the Commission, for each of such years and parts of a year, an amount equal to the amount obtained by applying the rate of contribution applicable under the plan at the time the plan becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he receives or would have been entitled to receive in the school year at the time the plan becomes applicable to him, whichever is less.

A teacher who ceased to be a Member before 1 January 1958 may apply to have his years as a Member credited by paying an amount equal to 5% of the indemnity he received during each of such years.

The pension is based solely on the salary that he receives while participating in this plan.

1965 (1st sess.), c. 68, s. 12; 1970, c. 56, s. 11; 1982, c. 51, s. 68; 1983, c. 24, s. 2; 1988, c. 82, s. 71; 1992, c. 16, s. 12; 1993, c. 41, s. 32.

26. A teacher shall make cash payment of the amount required for the redemption of years during which he was a Member.

However, where he redeems two years of service or more, he may pay by instalments; in that case, the amount to be paid by him shall bear interest from the date on which the redemption proposal made by the Commission expires, at the rate of 5%, compounded annually, and may be apportioned in equal and consecutive annual instalments over a period not exceeding five years.

1966-67, c. 64, s. 6; 1970, c. 56, s. 12; 1974, c. 63, s. 7; 1983, c. 24, s. 2; 1990, c. 87, s. 83.

27. A teacher who teaches for a period of five years or less under an authority with which no agreement respecting this plan has been made under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) may, if he applies therefor before the end of the teaching period, be credited with all or part of the years of teaching included in that period, provided

(1)  he pays, over the period and at the payment dates determined by the Commission, double the contributions provided for in the plan;

(2)  he holds pensionable employment under this plan from the end of the period, unless he has died or become disabled or eligible for retirement, or unless, upon his return, he avails himself of any agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan.

1965 (1st sess.), c. 68, s. 13; 1966-67, c. 64, s. 7; 1970, c. 56, s. 13; 1983, c. 24, s. 2; 1987, c. 107, s. 214.

27.1. The years and parts of a year of service credited to a teacher under the Pension Plan of Peace Officers in Correctional Services shall, if his contributions have not been refunded, be credited under this plan on an actuarially equivalent basis established on the date the teacher contemplated in section 5 resumes payment of his contributions to this plan. These years and parts of a year of service shall thus be credited, beginning with the latest service, until the actuarial value of the benefits determined in respect of those years and parts of a year of service under this plan reaches the actuarial value of the benefits accrued under the Pension Plan of Peace Officers in Correctional Services, without, however, exceeding the service credited to the teacher under the said plan.

The actuarial values of the benefits shall be established according to the actuarial assumptions and methods determined by regulation, which may vary according to the pension plans concerned.

1987, c. 107, s. 215; 1990, c. 87, s. 105.

27.2. A teacher may be credited with all or part of the years and parts of a year of service not credited under this plan owing to the application of section 27.1 by paying to the Commission the difference between the actuarial values of the benefits resulting from those years and parts of a year of service. The amount to be paid by the teacher shall bear interest, compounded annually, at the rates determined, for each period, under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and running from the date on which the actuarial values are established to the date of the redemption proposal made by the Commission.

The amount determined under the first paragraph is payable in a lump sum or by instalments spread over the period and payable at the times determined by the Commission. If it is paid by instalments, it bears interest, compounded annually, at the rate in force under the Act respecting the Government and Public Employees Retirement Plan on the date on which the application is received, computed from the date on which the redemption proposal expires.

1987, c. 107, s. 215; 1990, c. 87, s. 84.

27.3. The Commission shall refund to a teacher whose years and parts of a year of service credited under this plan have been transferred to another pension plan on an actuarially equivalent basis the amount, if any, by which the total amount of contributions accumulated pursuant to sections 58 and 59 exceeds the actuarial value of the benefits accrued to him under that other pension plan.

1987, c. 107, s. 215.

28. Every teacher has a right to be credited with the years of service, except those for which his contributions have been reimbursed to him, that he had a right, on 1 July 1965, to be credited with for pension purposes under Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235), on the conditions prescribed therein.

The duration of service, the remuneration and the amount of the deductions in respect of the years of service are determined in accordance with Part VIII of the Education Act.

1970, c. 56, s. 14; 1974, c. 63, s. 8; 1983, c. 24, s. 2.

CHAPTER II.1 SPECIAL PROVISIONS

1987, c. 47, s. 97.

DIVISION I MATERNITY LEAVE

1987, c. 47, s. 97.

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

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

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

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

1987, c. 47, s. 97; 1990, c. 87, s. 85; 1991, c. 14, s. 32.

28.2. That part of the pension attributable to service credited pursuant to section 28.1, if the service is credited for a year credited to the teacher pursuant to section 28.3, only to the extent that the service is necessary to make up the maximum of 35 years of service, is increased annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the excess of the rate of increase in the Pension Index determined under that Act over 3%. Section 64 applies to the increase. In all other cases, sections 63 and 64 apply.

1987, c. 47, s. 97.

DIVISION II YEARS REIMBURSED BY REASON OF MARRIAGE, PREGNANCY OR ADOPTION

1987, c. 47, s. 97.

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

To be credited with such years and parts of a year, the teacher must pay the sum of $1 000 per year.

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

1987, c. 47, s. 97; 1987, c. 107, s. 216; 1988, c. 82, s. 72; 1990, c. 87, s. 86.

28.4. The sum of $1 000 contemplated in the second paragraph of section 28.3 shall be adjusted, on 31 December of each year, at the interest rate established pursuant to section 217 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and in force on that date.

1987, c. 47, s. 97.

28.5. The part of the pension attributable to service credited pursuant to section 28.3, only to the extent that the service is necessary to make up the maximum of 35 years of service, is increased annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the excess of the rate of increase in the Pension Index determined under that Act over 3%. Section 64 applies to the increase.

1987, c. 47, s. 97.

DIVISION II.1 PROGRESSIVE RETIREMENT

1990, c. 32, s. 29.

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

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

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

1990, c. 32, s. 29; 1991, c. 77, s. 72; 1995, c. 70, s. 45.

28.5.2. The employer shall make a deduction from the salary paid to the teacher equal to the deduction he would have made if the teacher had not availed himself of this division.

If the teacher is eligible for salary insurance benefits, the exemption from contributions provided for in section 18 is the exemption to which he would have been entitled if he had not availed himself of this division.

1990, c. 32, s. 29.

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

1990, c. 32, s. 29.

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

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

1990, c. 32, s. 29.

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

1991, c. 77, s. 73.

DIVISION III ACTUARIAL VALUATIONS AND FUNDING

1987, c. 47, s. 97.

28.6. The actuarial value of the benefits resulting from the measures provided in this chapter, Divisions I and II of Chapter V.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), subdivisions 1 and 2 of Division II.1 of the Civil Service Superannuation Plan (chapter R-12) and sections 32 and 33 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) shall be funded by the difference between

(1)  the amount of the contributions paid by the teachers and the contributory amounts paid by the employers for the period comprised between 31 December 1986 and 1 January 1990; and

(2)  the amount of the contributions that would have been paid, for the same period, by the teachers and the contributory amounts that would have been paid by the employers on the basis of the result of the actuarial valuation of this plan as of 31 December 1984 if the Government had revised the rate of contribution from 1 January 1987 in accordance with section 177 of the Act respecting the Government and Public Employees Retirement Plan.

However, the first paragraph does not apply to the actuarial value of benefits resulting from the measures provided in the second paragraph of section 32 of the Act respecting the Pension Plan of Peace Officers in Correctional Services, in the second paragraph of section 85.1 of the Act respecting the Government and Public Employees Retirement Plan and in the second paragraph of section 99.5 of the Act respecting the Civil Service Superannuation Plan if those measures apply to a person who was not a teacher within the meaning of this Act when she was granted a maternity leave referred to in those paragraphs.

In addition, the measures are funded, also, by the sums paid by the teacher, employee or officer under Division II of this chapter, Division II of Chapter V.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan, subdivision 2 of Division II.1 of the Act respecting the Civil Service Superannuation Plan or section 33 of the Act respecting the Pension Plan of Peace Officers in Correctional Services.

1987, c. 47, s. 97; 1987, c. 107, s. 217; 1990, c. 87, s. 105; 1991, c. 14, s. 33.

28.7. The actuarial value of the benefits referred to in section 28.6 and the sums intended for their funding must be taken into account for the purposes of the actuarial valuations of this plan prepared pursuant to section 174 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). The years and parts of a year giving entitlement to those benefits are, for the purposes of the valuations, deemed to be credited after 30 June 1982.

The Commission shall cause an additional actuarial valuation, as of 31 December 1987, to be prepared by the actuaries designated by it, which shall not take into account the actuarial value of the benefits referred to in the first paragraph or the sums intended for the funding of such benefits.

1987, c. 47, s. 97; 1992, c. 39, s. 38.

CHAPTER III CONTRIBUTIONS AND CONTRIBUTORY AMOUNTS

1983, c. 24, s. 2.

DIVISION I CONTRIBUTIONS

1983, c. 24, s. 2.

29. Every employer shall, except in respect of a teacher contemplated, as the case may be, in section 43.2 or 89.5 of the Act respecting the Civil Service Superannuation Plan (chapter R-12), from the date on which his election not to participate applies, deduct annually, from the pensionable salary he pays to each teacher, or to a pensioner in the case of a lump sum within the meaning of section 13, an amount equal to

(1)  8.08 % up to that part of his pensionable salary which corresponds to his personal exemption within the meaning of the Act respecting the Québec Pension Plan (chapter R-9);

(2)  6.28 % of that part of his pensionable salary which exceeds his personal exemption up to his maximum pensionable earnings within the meaning of the said Act; and

(3)  8.08 % of that part of his pensionable salary which exceeds his maximum pensionable earnings.

No deduction shall be made from the pensionable salary paid to a teacher who has at least 35 years of credited service.

1965 (1st sess.), c. 68, s. 14; 1966-67, c. 64, s. 8; 1970, c. 56, s. 15; 1973, c. 12, s. 198; 1982, c. 66, s. 66; 1983, c. 24, s. 2; 1987, c. 47, s. 98; 1988, c. 82, s. 73; 1991, c. 77, s. 74.

29.1. Except in the case referred to in the second paragraph of section 29, the insurer shall deduct the amount to be deducted under section 29 from the lump sum benefit it pays to a person under a mandatory supplementary long-term salary insurance plan applicable to management staff in the public and parapublic sectors, within the scope of measures designed to protect the person’s salary following rehabilitation.

1995, c. 70, s. 46.

30. (Repealed).

1965 (1st sess.), c. 68, s. 15; 1970, c. 56, s. 16; 1982, c. 51, s. 69; 1983, c. 24, s. 2; 1987, c. 47, s. 99.

30.1. (Replaced).

1982, c. 51, s. 69; 1983, c. 24, s. 2.

30.2. (Replaced).

1982, c. 51, s. 69; 1983, c. 24, s. 2.

30.3. (Replaced).

1982, c. 51, s. 69; 1983, c. 24, s. 2.

30.4. (Replaced).

1982, c. 51, s. 69; 1983, c. 24, s. 2.

30.5. (Replaced).

1982, c. 51, s. 69; 1983, c. 24, s. 2.

DIVISION II CONTRIBUTORY AMOUNTS

1983, c. 24, s. 2.

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

1965 (1st sess.), c. 68, s. 16; 1966-67, c. 64, s. 9; 1970, c. 56, s. 17; 1973, c. 12, s. 199; 1974, c. 63, s. 9; 1977, c. 23, s. 21; 1982, c. 33, s. 25; 1982, c. 51, s. 69; 1983, c. 24, s. 2; 1992, c. 39, s. 39; 1992, c. 67, s. 62.

31.1. In the case referred to in section 29.1, the insurer shall pay to the Commission, at the same time as it sends the contributions of the teachers, an amount corresponding to the contribution it would have to pay as the employer.

1982, c. 33, s. 25; 1983, c. 24, s. 2; 1995, c. 70, s. 47.

31.2. The amounts paid pursuant to this division must be qualifying employer premiums within the meaning of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1982, c. 33, s. 25; 1983, c. 24, s. 2; 1997, c. 50, s. 64.

CHAPTER IV BENEFITS

1983, c. 24, s. 2.

DIVISION I TEACHER’S PENSION

1983, c. 24, s. 2.

§ 1 . — Qualification

1983, c. 24, s. 2.

31.3. (Replaced).

1982, c. 33, s. 25; 1983, c. 24, s. 2.

32. Any teacher who ceases to participate in the plan is entitled to a pension if the teacher

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

(2)  has at least 33 years of service;

(3)  has, in the case of a female teacher, attained 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;

(6)  has become unable to perform his ordinary duties by reason of physical or mental disability; or

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

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

The pension is granted to the teacher on the date on which he retires within the meaning of section 41.

1974, c. 63, s. 10; 1977, c. 23, s. 22; 1983, c. 24, s. 2; 1987, c. 47, s. 100; 1990, c. 32, s. 30; 1991, c. 77, s. 75; 1997, c. 50, s. 65.

33. A teacher who becomes qualified for a pension, except in the case contemplated in paragraph 6 of section 32, within two months after the end of a school year is entitled to his pension at the end of that school year.

1965 (1st sess.), c. 68, s. 17; 1966-67, c. 64, s. 10; 1970, c. 56, s. 18; 1971, c. 71, s. 7; 1973, c. 12, s. 200; 1974, c. 63, s. 11; 1982, c. 33, s. 26; 1983, c. 24, s. 2.

§ 2 . — Computation of pension

1983, c. 24, s. 2.

34. The annual amount of the teacher’s pension is equal, on the date on which he ceases to participate in the plan, to the total of the following amounts:

(1)  the amount obtained by multiplying the average pensionable salary obtained pursuant to the first paragraph of section 35 by 2% per year of service credited before 1 January 1992;

(2)  the amount obtained by multiplying the average pensionable salary obtained pursuant to the second paragraph of section 35 by 2% per year of service credited after 31 December 1991.

For the purposes of the first paragraph, the teacher’s years of credited service shall be taken into consideration up to 35 years.

1973, c. 12, s. 201; 1977, c. 23, s. 23; 1983, c. 24, s. 2; 1991, c. 77, s. 76; 1997, c. 50, s. 66.

34.1. (Replaced).

1982, c. 33, s. 27; 1983, c. 24, s. 2.

35. For the purposes of subparagraph 1 of the first paragraph of section 34, the average pensionable salary is obtained by performing, in order, the following operations:

(1)  dividing the pensionable salary for each year, not taking into account the limit imposed by section 15.1, by the service credited, except service credited under section 62;

(2)  selecting among the highest salaries resulting from the division the number of salaries required in order to bring the aggregate of the contributory periods corresponding to each year for which the salaries are selected up to 5 or, where the aggregate is less than 5, selecting all the salaries;

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

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

For the purposes of paragraph 2 of section 34, the average pensionable salary is obtained by performing, in order, the following operations:

(1)  dividing the pensionable salary for each year by the service credited, except service credited under section 62;

(2)  applying subparagraphs 2 to 4 of the first paragraph.

For the purposes of paragraph 1 of the first and second paragraphs, all the years and parts of a year of service credited must be counted and service credited pursuant to sections 19, 28.1 and 76.2 shall not be counted in respect of service credited prior to 1 January 1992.

A contributory period is, for the purposes of this subdivision, the number of contributory days comprised in the period during which the teacher participated in the plan in the year or comprised in the period during which days and parts of a day were otherwise credited to him with contributions, except the days and parts of a day determined by regulation, out of the number of contributory days in the year concerned, namely, 200 or 260, according to the basis of remuneration. The first contributory period of a new teacher who is a teacher within the meaning of the plan begins on the first day in respect of which the teacher was assessed or was exempt from contributions, and the last period ends on the last day in respect of which he was assessed or was exempt from contributions.

1965 (1st sess.), c. 68, s. 18; 1966-67, c. 64, s. 11; 1970, c. 56, s. 19; 1973, c. 12, s. 202; 1982, c. 33, s. 28; 1982, c. 51, s. 70; 1983, c. 24, s. 93, s. 2; 1987, c. 47, s. 101; 1988, c. 82, s. 74; 1991, c. 77, s. 77.

35.0.1. For the purposes of section 35, any lump sum paid by way of an increase in or adjustment to the pensionable salary for a previous year and any amount paid during the year in which the teacher ceases to be a member of this plan and pertaining to the pensionable salary earned in the previous year shall be excluded from the salary referred to in subparagraphs 1 and 3 of the first paragraph of section 35 and from the salary referred to in the corresponding subparagraphs of the second paragraph of that section.

However, such lump sums or amounts shall be added to the result obtained under those subparagraphs for the purposes of subparagraphs 2 and 4 of the first paragraph of section 35 and the corresponding subparagraphs of the second paragraph of that section.

The amounts referred to in the first and second paragraphs correspond, for the years and parts of a year of service credited after 31 December 1989, to the amount by which the pensionable salary of the teacher exceeds the annual basic salary paid to him or, as the case may be, that would have been paid to him under the conditions of employment applicable on the last credited day of the year, multiplied by the service credited to that teacher in the course of the year or, if he holds more than one pensionable employment in the course of a year, to the amount by which his pensionable salary exceeds the total annual basic salary for each employment multiplied by the credited service pertaining to each employment.

The service credited under section 62 and, in respect of the years 1990 and 1991, the service credited under section 19 shall not be counted for the purposes of the third paragraph.

1992, c. 67, s. 63.

35.1. (Repealed).

1987, c. 47, s. 102; 1988, c. 82, s. 75; 1991, c. 77, s. 78; 1992, c. 67, s. 64.

35.2. For the purposes of establishing the average pensionable salary, the pensionable salary and the contributory periods shall be determined according to the years and parts of a year of service credited to the teacher under the Civil Service Superannuation Plan or the Pension Plan of Peace Officers in Correctional Services and according to the basis of remuneration applicable to each of those years, namely 200 or 260. The same rule applies for the purposes of section 38 and sections 36, 44, 45, 47 and 65 to the extent that, in the last cases, they refer to section 38.

However, the pensionable salary and the contributory periods of all the years and parts of a year of service credited under this plan on the basis of actuarially equivalent benefits, and those of any years and parts of a year preceding them, are excluded from the average pensionable salary.

1987, c. 107, s. 218; 1990, c. 87, s. 87; 1990, c. 87, s. 105.

36. For the purposes of paragraph 1 of section 34, the average pensionable salary may in no case be less than $7,000.

1965 (1st sess.), c. 68, s. 19; 1966-67, c. 64, s. 12; 1973, c. 12, s. 203; 1974, c. 63, s. 12; 1977, c. 23, s. 24; 1983, c. 24, s. 2; 1992, c. 67, s. 65.

37. The pension granted under subparagraph 6.1 of the first paragraph of section 32 to a female teacher who was credited with 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 pursuant to subparagraph 2 of the first paragraph of section 34 by 0.25% per month, computed for each month comprised between the date on which the pension is granted to the teacher and the earlier of the following dates at the time she ceased to participate in the plan:

(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 paragraph 7 of section 32 is reduced, for its duration, by 0.5% per month, computed for each month falling between the date on which the pension is granted to the teacher and the first date on which the pension would have been granted to him at the time he ceased to participate in the plan under paragraph 1, 2, 3, 4, 5 or 6.1° of that section.

1965 (1st sess.), c. 68, s. 20; 1973, c. 12, s. 204; 1977, c. 23, s. 25; 1982, c. 66, s. 67; 1983, c. 24, s. 2; 1983, c. 54, s. 67; 1991, c. 77, s. 79; 1997, c. 50, s. 67.

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

(1)  0.7 %;

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

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

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

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

1965 (1st sess.), c. 68, s. 21; 1974, c. 63, s. 13; 1983, c. 24, s. 2; 1993, c. 41, s. 33; 1997, c. 50, s. 68.

39. The pension of a teacher who retired in 1966 or who retired by reason of physical or mental disability before 1 January 1970 is not reduced as provided in section 38.

1965 (1st sess.), c. 68, s. 22; 1970, c. 56, s. 20; 1977, c. 23, s. 26; 1983, c. 24, s. 2.

40. (Repealed).

1965 (1st sess.), c. 68, s. 23; 1970, c. 56, s. 21; 1977, c. 23, s. 27; 1983, c. 24, s. 2; 1991, c. 14, s. 34; 1995, c. 70, s. 48.

§ 2.1 . — Maximum benefits

1997, c. 50, s. 69.

40.1. The pension amounts computed pursuant to subdivision 2 of this division 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. 69.

§ 3 . — Payment of pension

1983, c. 24, s. 2.

41. The pension becomes payable to the teacher entitled to it from the day on which he retires.

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

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

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

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

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

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

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

1965 (1st sess.), c. 68, s. 24; 1977, c. 23, s. 28; 1983, c. 24, s. 2; 1988, c. 82, s. 76; 1991, c. 77, s. 80; 1995, c. 46, s. 25; 1997, c. 50, s. 70.

41.1. Every teacher who is entitled to a pension by reason of physical or mental disability ceases to be a teacher within the meaning of the plan and is deemed to retire on the day the pension was granted to him.

1988, c. 82, s. 77.

42. The pension is paid to the pensioner for life.

1965 (1st sess.), c. 68, s. 25; 1977, c. 23, s. 29; 1983, c. 24, s. 2; 1987, c. 47, s. 103.

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

1970, c. 56, s. 22 (part); 1973, c. 12, s. 205; 1982, c. 62, s. 143; 1983, c. 24, s. 2; 1992, c. 67, s. 66; 1995, c. 46, s. 31.

DIVISION II SPOUSE’S OR CHILD’S PENSION

1983, c. 24, s. 2.

44. 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 teacher, the spouse is entitled to receive a life-pension equal to one-half of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or that the teacher would have been entitled to receive,

(1)  reduced as in section 38, from the month following the death, even if the pensioner or teacher dies before reaching 65 years of age;

(2)  not reduced as in section 38, if, at the time of death of the pensioner or teacher, the spouse is not entitled to any pension under the Act respecting the Québec Pension Plan (chapter R-9).

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

1965 (1st sess.), c. 68, s. 26; 1968, c. 62, s. 3; 1973, c. 12, s. 206; 1977, c. 23, s. 30; 1983, c. 24, s. 2; 1988, c. 82, s. 78; 1997, c. 50, s. 71.

45. If the beneficiary of a pension contemplated in sections 50 and 53 dies before the pension becomes payable or, as the case may be, before it is paid, the spouse is entitled, from the death, to one-half of the pension,

(1)  reduced as in section 38, from the month following the death, even if the beneficiary dies before reaching 65 years of age;

(2)  not reduced as in section 38, if, at the time of death of the beneficiary, the spouse is not entitled to any pension under the Act respecting the Québec Pension Plan (chapter R-9).

1966-67, c. 64, s. 13; 1973, c. 12, s. 207; 1983, c. 24, s. 2.

45.1. The pension computed pursuant to subparagraph 2 of the first paragraph of section 44 and pursuant to paragraph 2 of section 45 shall not exceed 66 2/3% of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or that the teacher would have been entitled to receive, after the reduction provided for in section 38.

1997, c. 50, s. 72.

46. For the purposes of the plan, the spouse is the person who is married to the teacher or pensioner, as the case may be, or, in the case of an unmarried teacher or pensioner, the person who was unmarried at the time of the death of the teacher or pensioner and who had been living in a conjugal relationship with the teacher or pensioner for a period of not less than three years immediately prior to his death and had been publicly represented as his or her spouse by the teacher or pensioner.

1974, c. 63, s. 14; 1983, c. 24, s. 2; 1988, c. 82, s. 79.

47. Each child of the pensioner, of the teacher or, as the case may be, of the beneficiary of a pension contemplated in sections 50 and 53 who is unmarried and is under 18 years of age, or under 21 years of age if he is a full-time student in an educational institution designated in Schedule I or in any other institution designated by regulation, is entitled to receive, as a pension,

(1)  if a pension is paid to the spouse, 10% of the pension used as the basis for computing the spouse’s pension, reduced as in section 38;

(2)  if the pensioner, the teacher or, as the case may be, the beneficiary has no spouse entitled to a pension, 20% of the pension that would have been used as the basis for computing the spouse’s pension, reduced as in section 38;

(3)  if the spouse of the pensioner, of the teacher or, as the case may be, of the beneficiary dies while receiving a pension, 20% of the pension used as the basis for computing the spouse’s pension and indexed from the death of the pensioner, of the teacher or, as the case may be, of the beneficiary, reduced as in section 38.

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

1965 (1st sess.), c. 68, s. 27; 1966-67, c. 64, s. 14; 1970, c. 56, s. 23; 1977, c. 23, s. 31; 1982, c. 33, s. 29; 1983, c. 24, s. 2; 1990, c. 5, s. 32.

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

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

1965 (1st sess.), c. 68, s. 28; 1983, c. 24, s. 2; 1990, c. 5, s. 33.

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

1965 (1st sess.), c. 68, s. 29 (part); 1966-67, c. 64, s. 15; 1982, c. 51, s. 71; 1983, c. 24, s. 2; 1987, c. 47, s. 104.

DIVISION III DEFERRED PENSION

1983, c. 24, s. 2.

50. A teacher who, after 10 years of service and before being entitled to a pension, ceases to participate in this plan is entitled to only a deferred pension, unless

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

(2)  he benefits by a transfer agreement concerning this plan, made under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1965 (1st sess.), c. 68, s. 31 (part); 1966-67, c. 64, s. 16; 1974, c. 63, s. 15; 1983, c. 24, s. 2; 1987, c. 47, s. 105; 1987, c. 107, s. 219; 1988, c. 82, s. 80; 1990, c. 32, s. 31; 1990, c. 87, s. 105.

51. The deferred pension is payable, as the case may be,

(1)  from 65 years of age;

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

(3)  from the time the teacher is physically or mentally disabled;

(4)  from the time he begins to receive the retirement pension acquired as a Member of the National Assembly or, if he has made the election provided for in section 5.0.1, from the time he ceases to be a member of this plan, it he became a Member before 1 January 1992.

Notwithstanding section 41, a teacher who is entitled to a deferred pension is deemed to retire on the same day.

1977, c. 23, s. 33; 1983, c. 24, s. 2; 1988, c. 82, s. 81; 1992, c. 9, s. 6; 1992, c. 16, s. 13; 1993, c. 41, s. 34.

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

Where the Member became a Member before 1 January 1992, the pension shall be payable from the time he begins to receive the retirement pension acquired as a Member of the National Assembly or, if he makes the election provided for in section 5.0.1, from the time he ceases to be a member of this plan.

1977, c. 23, s. 33; 1983, c. 24, s. 2; 1987, c. 107, s. 220; 1992, c. 9, s. 7; 1992, c. 16, s. 14; 1993, c. 41, s. 35.

53. A teacher who reached fifty years of age before 1 July 1968 and ceased to hold a position contemplated in this plan before that date but after twenty or more years of service, including three during the five years preceding the date he ceased to hold the position, is entitled to a pension payable from fifty-six years of age.

1977, c. 23, s. 33; 1977, c. 5, s. 14; 1983, c. 24, s. 2.

54. Any deferred pension is cancelled if the teacher again becomes a member of this plan, and the years of service he accumulates are added to the years of service already credited.

1982, c. 33, s. 30; 1983, c. 24, s. 2; 1987, c. 47, s. 106.

55. The annual amount of the deferred pension is computed in the same manner as the pension.

The deferred pension is paid to the pensioner for life.

1982, c. 21, s. 1; 1983, c. 24, s. 2; 1987, c. 47, s. 107.

DIVISION IV REIMBURSEMENTS

1983, c. 24, s. 2.

56. A teacher who ceased to participate in the plan before becoming entitled to a pension or to only a deferred pension is entitled to the refund of his contributions except if he is a participant.

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

1983, c. 24, s. 2; 1985, c. 18, s. 35; 1987, c. 47, s. 108; 1987, c. 107, s. 221; 1988, c. 82, s. 82; 1990, c. 5, s. 34; 1995, c. 46, s. 31.

57. If a teacher dies before any pension may be granted to him, the contributions are reimbursed.

1983, c. 24, s. 2.

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

1983, c. 24, s. 2; 1987, c. 107, s. 222.

59. Contributions are reimbursed without interest unless they are transferred to another pension plan under an agreement respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1983, c. 24, s. 2; 1987, c. 47, s. 109; 1987, c. 107, s. 223.

60. At the time of a reimbursement of contributions, the total amount of contributions of a teacher is reduced by the amounts paid as pension benefits under this plan and under any pension plan from which service has not been transferred to this plan on an actuarially equivalent basis.

1983, c. 24, s. 2; 1987, c. 107, s. 224.

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

1988, c. 82, s. 83.

DIVISION V TEACHER RECEIVING PENSION BENEFITS AND A SALARY

1983, c. 24, s. 2.

61. A teacher 65 years of age or over may continue to hold a position contemplated by this plan and receive benefits as a pensioner, and the rules provided in sections 61 to 72 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply, with the necessary modifications.

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

1983, c. 24, s. 2; 1991, c. 77, s. 81; 1997, c. 50, s. 73.

DIVISION VI MISCELLANEOUS PROVISIONS

1983, c. 24, s. 2.

62. For the purposes of eligibility for and computation of any teacher’s pension, a maximum of 90 contributory days may be added to the service credited to the teacher after 30 June 1965 to enable him to make up any period of absence without pay while he was holding pensionable employment, except on contrary notice from the teacher.

The first paragraph does not apply to service credited under this plan on an actuarially equivalent basis.

1983, c. 24, s. 2; 1987, c. 47, s. 110; 1987, c. 107, s. 225.

62.1. The years and parts of a year of service that were recognized solely for purposes of entitlement to a pension under the Civil Service Superannuation Plan and the Pension Plan of Peace Officers in Correctional Services are added, for purposes of entitlement to any pension, to the years of service credited pursuant to section 16. The same rule applies to years and parts of a year of service not credited under this plan by reason of the application of section 27.1 and to the years and parts of a year of service recognized solely for purposes of entitlement to a pension under an agreement of transferability under this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), if they have not otherwise been credited pursuant to section 27.2 or, as the case may be, pursuant to the relevant agreement.

1987, c. 107, s. 226; 1990, c. 87, s. 105.

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

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

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

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

1983, c. 24, s. 2.

64. The first indexing of a pension, except that of a deferred pension, is made proportionately

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

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

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

1983, c. 24, s. 2; 1997, c. 50, s. 74.

65. In no case may a pension granted after 10 years of credited service, except a child’s pension or pensions under sections 50 and 53, be less,

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

(2)  if the pension became payable after 1 July 1982, than $2 740, indexed at the time prescribed by the said section 119 and for each year concerned after that date, and until the year in which it became payable, by the rate of increase in the index and, for following years, indexed as provided in section 63, reduced as in section 38 or paragraph 1 of sections 44 and 45, as the case may be, even if no pension under the Act respecting the Québec Pension Plan is paid.

However, the first paragraph applies only with respect to that part of the pension established under paragraph 1 of section 34 and the amount provided for in that paragraph is multiplied by the fraction that the number of years of service credited before 1 January 1992 is of the total number of years of service credited.

1983, c. 24, s. 2; 1987, c. 107, s. 227; 1992, c. 67, s. 67.

66. The Commission, upon the application of a beneficiary other than a beneficiary contemplated in the first paragraph of section 61, may at any time after the pension becomes payable, make cash payment of the actuarial value, established according to the actuarial assumptions and methods determined by regulation, of a pension if the aggregate amount does not exceed $811 annually.

In no case may cash payment of the actuarial value of a child’s pension or a pension granted by reason of a physical or mental disability be made if, in the latter case, the pensioner is under 65 years of age.

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

1983, c. 24, s. 2; 1986, c. 44, s. 94; 1987, c. 107, s. 228; 1991, c. 14, s. 35.

DIVISION VII TEMPORARY MEASURES

1997, c. 7, s. 31.

§ 1 . — Application and miscellaneous provisions

1997, c. 7, s. 31.

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

(1)  did not enter into an agreement, before 19 December 1996, with his employer within the scope of a personnel reduction measure or any other retirement incentive or, where applicable, waives such an agreement entered into after 18 December 1996 within the scope of the measures in force before that date;

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

1997, c. 7, s. 31; 1997, c. 50, s. 75.

66.2. A teacher who meets the requirements of paragraph 1 of section 66.1 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 after 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 teacher may avail himself of the provisions of this division on a date subsequent to 2 July 1997.

1997, c. 7, s. 31; 1997, c. 50, s. 76.

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

1997, c. 7, s. 31.

§ 2 . — Temporary criterion of eligibility for a pension

1997, c. 7, s. 31.

66.4. Notwithstanding section 32, a pension may also be granted to a teacher 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 teacher is required to be a member of the plan at the time he retires under that criterion.

1997, c. 7, s. 31.

66.5. Notwithstanding the second paragraph of section 37, a pension granted under paragraph 7 of section 32 is reduced for its duration by 0.25% per month, computed for each month comprised between the date on which the pension is granted to the teacher 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 66.4.

1997, c. 7, s. 31.

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

1997, c. 7, s. 31; 1997, c. 50, s. 77.

§ 3 . — Actuarial valuation

1997, c. 7, s. 31.

66.7. 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 in subdivision 2 and of the actuarial reductions which will not be made pursuant to that subdivision.

1997, c. 7, s. 31.

CHAPTER V RETURN TO WORK OF A PENSIONER

1983, c. 24, s. 2.

DIVISION I PENSIONER UNDER 65 YEARS OF AGE

1983, c. 24, s. 2.

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

1983, c. 24, s. 2; 1987, c. 47, s. 111; 1988, c. 82, s. 84.

68. Payment of the pension granted under subparagraph 6 of section 32 ceases on the first day of the month following the date on which the reason for which the pension was obtained no longer applies.

However, a teacher whose pension ceases to be paid pursuant to the first paragraph and who subsequently holds pensionable employment under the Government and Public Employees Retirement Plan shall participate in that plan notwithstanding section 5 or, as the case may be, in the Pension Plan of Certain Teachers or, if he holds pensionable employment under the Pension Plan of Peace Officers in Correctional Services, he shall participate in that latter plan.

1983, c. 24, s. 2; 1988, c. 82, s. 85; 1990, c. 87, s. 105.

DIVISION II PENSIONER 65 YEARS OF AGE OR OVER

1983, c. 24, s. 2.

69. Even in the case provided for under subparagraph 6 of section 32, no pension, except a pension granted to the spouse and children, or deferred pension may be paid except in accordance with section 70 or 71, as the case may be, if the pensioner who is 65 years of age or over holds an office or employment contemplated by the Civil Service Superannuation Plan or by the Government and Public Employees Retirement Plan, unless the rules provided in sections 60 to 70, 72 and 73 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and in section 63.8 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) apply.

1983, c. 24, s. 2; 1988, c. 82, s. 86.

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

1983, c. 24, s. 2; 1987, c. 47, s. 112; 1987, c. 107, s. 229; 1988, c. 82, s. 87.

71. If a pensioner who attains 65 years of age continues to hold an employment that is pensionable employment under the Civil Service Superannuation Plan and if the rules provided in section 63.8 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) do not apply, he is, notwithstanding section 54 of that Act, an employee within the meaning of such plan for any period during which he holds pensionable employment under such plan and the rules provided in sections 117 to 122 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply, with the necessary modifications.

1983, c. 24, s. 2; 1987, c. 47, s. 112; 1988, c. 82, s. 88.

72. The pension of a person whose years of service have not been transferred to the Civil Service Superannuation Plan or to the Government and Public Employees Retirement Plan, as the case may be, shall be adjusted in accordance with this plan for the period during which payment of that pension ceased pursuant to section 69.

1983, c. 24, s. 2; 1988, c. 82, s. 89; 1990, c. 32, s. 32.

CHAPTER V.1 PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1990, c. 5, s. 35.

72.1. From the introduction of an application for separation from bed and board, divorce, annulment of marriage or for the payment of a compensatory allowance, the teacher or former teacher and his 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 teacher or former teacher under this plan, the value of such benefits for the period of the marriage and any other information determined by regulation.

The teacher or former teacher and his 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.

1990, c. 5, s. 35; 1995, c. 70, s. 49.

72.2. 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 of institution of the proceedings or the date on which the spouses ceased to live together, as the case may be.

1990, c. 5, s. 35; 1995, c. 70, s. 50.

72.3. 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. 35.

72.4. 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. 35.

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

1990, c. 5, s. 35.

72.6. Where, following a separation from bed and board, the value of the benefits accrued by the teacher or former teacher 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. 35.

72.7. 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 teacher or former teacher and his spouse in the manner provided for this plan.

1990, c. 5, s. 35.

CHAPTER VI REGULATIONS

1983, c. 24, s. 2.

73. The Government may, by regulation, after the Commission has consulted the Comité de retraite,

(1)  define what constitutes a pedagogical position and an educational position;

(2)  determine the conditions governing the participation of a teacher whose services are requested by an association of teachers or by an educational body listed in Schedule II;

(3)  determine, for the purposes of paragraph 2 of section 3, the classes of teachers, the conditions of employment, the remuneration or the mode of remuneration by reason of which a teacher is excluded from the pension plan;

(3.1)  establish, for the purposes of section 10.2, the limit applicable to the pensionable salary and to the service credited, and the rules and procedures for computing the pension;

(3.2)  establish, for the purposes of section 10.3, the periods of absence that may be credited for each type of absence and in total;

(4)  determine the bonuses, allowances, compensations or other additional remuneration that are included in the basic salary defined in section 11;

(4.1)  determine the actuarial assumptions and methods used to establish the actuarial values of the benefits referred to in section 27.1, which may vary according to the pension plans concerned;

(4.2)  determine, for the purposes of section 28.5.1, the circumstances due to which an agreement is suspended;

(4.3)  détermine, for the purposes of section 28.5.4, the circumstances due to which an agreement becomes null or terminates and, for each circumstance, determine the pensionable salary, the service credited and the contributions; prescribe the terms and conditions on which a teacher may be credited with service not recognized by reason of any such circumstance;

(5)  determine what constitutes a physical or mental disability;

(6)  determine, for the purposes of section 35, the days and parts of a day which are not included in the contributory period;

(7)  (paragraph repealed);

(8)  designate, for the purposes of section 47, the other educational institutions;

(9)  determine the actuarial assumptions and methods to be used to establish the actuarial value of the pension referred to in section 66;

(9.1)  determine the terms and conditions of the applications required under Chapter V.1;

(9.2)  determine, for the purposes of section 72.1, the information which must be contained in the statement setting out the value of the benefits accrued by the teacher or former teacher;

(9.3)  fix, for the purposes of section 72.2, 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 (chapter R-10); determine, for the purposes of the said section, the actuarial rules, assumptions and methods which apply to the assessment of accrued benefits and which may vary according to the nature of the benefits;

(9.4)  determine, for the purposes of section 72.3, the rules and the terms and conditions of payment of the sums awarded to the spouse and, where applicable, the interest payable thereon;

(9.5)  prescribe, for the purposes of section 72.5, 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;

(10)  determine, for the purposes of section 76.1, the actuarial assumptions and methods permitting the computation of amounts representing the actuarial value of benefits.

1983, c. 24, s. 2; 1985, c. 18, s. 36; 1986, c. 44, s. 95; 1987, c. 47, s. 113; 1987, c. 107, s. 230; 1988, c. 82, s. 90; 1990, c. 32, s. 33; 1990, c. 5, s. 36; 1991, c. 14, s. 36; 1992, c. 67, s. 68.

74. (Repealed).

1983, c. 24, s. 2; 1987, c. 47, s. 114.

CHAPTER VII MISCELLANEOUS AND TRANSITIONAL PROVISIONS

1983, c. 24, s. 2.

75. The Government may, by order, amend the schedules provided under this Act. Any such order may have effect twelve months or less before its adoption.

1983, c. 24, s. 2; 1985, c. 18, s. 37.

76. The days during which a teacher was on leave without pay for any period of not less than 30 consecutive days, which ended before 1 July 1983 but which occurred after 1 July 1976, or the days during which, in the interval described, he ceased to participate in this plan while he pursued specialized studies, are credited to that teacher upon his request, if he

(1)  was authorized for such purpose by his employer;

(2)  pays an amount equal to the contributions that would have been withheld, had he not been so on leave or not so engaged in such studies, based on the pensionable salary he was receiving when he was granted the leave or began to be engaged in those studies; and

(3)  holds pensionable employment under this plan from the end of his leave without pay or specialized studies, unless he has become disabled.

The amount required for those days to be credited is payable in a lump sum or by instalments spread over the period and payable at the times determined by the Commission. If the application for redemption is made after the end of the year in which the teacher was on leave without pay or was pursuing specialized studies, the amount bears interest at 8.5 % compounded annually, computed from the date on which the leave expires or the end of the specialized studies.

1983, c. 24, s. 2; 1987, c. 47, s. 115; 1987, c. 107, s. 231; 1988, c. 82, s. 91; 1990, c. 87, s. 88; 1992, c. 67, s. 69.

76.1. The days during which a teacher was on leave without pay for any period of not less than 30 consecutive days between 16 July 1970 and 1 July 1976 and the days during which he ceased, between 30 June 1965 and 1 July 1973, to participate in this plan while he pursued specialized studies, are credited to the teacher upon his request, if he

(1)  was authorized for such purpose by his employer;

(2)  has contributed to this plan from the end of the leave without pay or specialized studies; and

(3)  pays an amount representing the actuarial value of the benefits, computed on the basis of the actuarial assumptions and methods determined by regulation.

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

1986, c. 44, s. 96; 1987, c. 47, s. 116; 1988, c. 82, s. 92; 1990, c. 32, s. 34; 1990, c. 87, s. 89; 1992, c. 67, s. 70; 1997, c. 50, s. 78.

76.2. Notwithstanding section 28.1, every teacher who was granted a maternity leave may be credited, without contributions, with the days of a maternity leave in progress on 1 July 1973 or having begun after that date but having ended before 1 July 1976, up to a total of 90 contributory days.

Every female teacher may be credited, without contributions, with the days and parts of a day of a maternity leave in progress on 1 July 1983 or beginning on or before 31 December 1988, up to a total of 130 contributory days.

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

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

1988, c. 82, s. 93; 1997, c. 7, s. 32.

77. Every sum paid or reimbursed under this plan is inalienable and unseizable.

1983, c. 24, s. 2; 1985, c. 18, s. 38; 1987, c. 107, s. 232.

78. Every sum collected under this plan is paid into the consolidated revenue fund.

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).

1983, c. 24, s. 2; 1996, c. 53, s. 50.

78.1. Sections 28, 32 and 51 apply notwithstanding the provisions of section 10 of the Charter of human rights and freedoms (chapter C-12).

Sections 28, 32 and 51 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).

The exception relating to section 28 applies from 27 June 1975 in respect of the Charter of human rights and freedoms and from 17 April 1985 in respect of the Constitution Act, 1982.

1986, c. 44, s. 97; 1991, c. 14, s. 37; 1996, c. 10, s. 7.

79. (Repealed).

1983, c. 24, s. 2; 1990, c. 32, s. 35.

80. Paragraphs 1 and 2 of section 21 and that part of section 21 that precedes paragrah 1, as they read on 18 June 1986, continue to apply in respect of a leave in progress on 1 July 1983 or having begun after that date but having ended before 19 June 1986. Paragraph 3 of section 21, as it read on 19 June 1985, continues to apply in respect of a leave in progress on 1 July 1983 or having begun after that date but having ended before 20 June 1985. The same paragraph 3, as it read on 18 June 1986, continues to apply in respect of a leave in progress on 20 June 1985 or having begun after that date but having ended before 19 June 1986.

Section 22, as it read on 19 June 1985, continues to apply in respect of a leave in progress on 1 July 1983 or having begun after that date but having ended before 20 June 1985. That section, as it read on 18 June 1986, continues to apply in respect of a leave in progress on 20 June 1985 or having begun after that date but having ended before 19 June 1986.

1983, c. 24, s. 2; 1988, c. 82, s. 94; 1990, c. 32, s. 36.

81. Section 37, to the extent that it adds the words “for its duration”, has effect from 1 July 1970.

1983, c. 24, s. 2.

82. Sections 35 and 38 apply to any pension granted after 30 June 1983 if the teacher has ceased to hold his position, retired or died after that date.

They also apply for the computation of the pension granted to the spouse and to the child after 30 June 1983 if no pension or deferred pension has been granted to the teacher before that date.

Section 8 of this Act as it read before 1 July 1983 continues to apply to any other pension.

1983, c. 24, s. 2.

83. Sections 47 and 48 apply only to a pension which becomes payable after 30 June 1983.

1983, c. 24, s. 2.

83.1. Any teacher who ceases to be a teacher within the meaning of the plan in a period during which he is not in service in pensionable employment and who ceases to participate before 1 January 1989 is deemed, notwithstanding section 2.2, to have ceased to participate on the day he ceases to be a teacher within the meaning of the plan.

1988, c. 82, s. 95.

83.2. Section 67, as it read before 1 January 1989, continues to apply to any pensioner who, before that date, was holding pensionable employment under the plan, as long as he holds such employment.

1988, c. 82, s. 95.

83.3. Sections 29, 69, 70, 71 and 72 and those to which they refer, except the provisions of section 72 which concern the pension paid for physical or mental disability, as they read before 1 January 1989, continue to apply to a pensioner who, before that date, elected to participate in the Government and Public Employees Retirement Plan or in the Civil Service Superannuation Plan, or who notified the Commission in writing of his intention not to participate therein, as long as he has not ceased to hold his employment.

The provisions of section 117 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) which concern the interruption of payment of benefits, or , as the case may be, the provisions of sections 119 to 121 of the said Act which concern the period during which employment is held, as they read before 1 January 1989, continue to apply to a pensioner referred to in section 70 or 71 who, before that date, did not participate in the plan or did not notify the Commission in writing of his intention not to participate therein, as long as he has not ceased to hold his employment.

1988, c. 82, s. 95.

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

1983, c. 24, s. 2.

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.

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

1983, c. 24, s. 2; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE I

(Section 1)

LIST OF THE EDUCATIONAL INSTITUTIONS CONTEMPLATED BY THE PLAN

1. THE EDUCATIONAL INSTITUTIONS UNDER THE AUTHORITY OF:

(1) every school board and bureau established for the administration of public schools in Québec including the Conseil scolaire de l’Île de Montréal

(2) the Gouvernement du Québec

2. THE GENERAL AND VOCATIONAL COLLEGES

3. THE INSTITUTIONS WITH WHICH AN AGREEMENT HAS BEEN ENTERED INTO UNDER SECTION 61 OF THE ACT RESPECTING PRIVATE EDUCATION (CHAPTER E-9.1), FOR THE TERM OF THE AGREEMENT

4. THE EDUCATIONAL INSTITUTIONS ACCREDITED FOR PURPOSES OF SUBSIDIES UNDER THE ACT RESPECTING PRIVATE EDUCATION

5. THE FOLLOWING OTHER INSTITUTIONS:

Boscoville

Centre d’accueil l’Escale

Centre d’animation, de développement et de recherche en éducation

Centre Cardinal Villeneuve inc.

Centre Mackay

Centre Marie-Vincent

Centre Notre-Dame de l’Enfant (Sherbrooke) inc.

Centre d’orientation et de réadaptation de Montréal

Centre Rose-Virginie Pelletier

Centre Ste-Hélène

Collège Marie de France

Collège Stanislas inc.

École Dollard-des-Ormeaux

Externat St-Jean Berchmans

Institut des sourds de Charlesbourg inc.

Institut Raymond-Dewar

Institut Nazareth et Louis Braille

St-Michael’s Algonquin School

6. THE UNIVERSITÉ DU QUÉBEC, ITS CONSTITUENT UNIVERSITIES AND SCHOOLS OF HIGHER LEARNING AND RESEARCH INSTITUTES CONSTITUTED UNDER THE ACT RESPECTING THE UNIVERSITÉ DU QUÉBEC (CHAPTER U-1).

1983, c. 24, s. 2; T.B. 149512 of 20.03.84, (1984) 116 G.O. 2, 1351; O.C. 1889-85 of 18.09.85, (1985) 117 G.O. 2, 3903; O.C. 395-86 of 26.03.86, (1986) 118 G.O. 2, 474; 1988, c. 84, s. 702; T.B. 179667 of 17.03.92, (1992) 124 G.O. 2, 1939; 1992, c. 68, s. 155; T.B. 185977 of 31.08.94, (1994) 126 G.O. 2, 4253.

SCHEDULE II

(Section 2)

LIST OF TEACHERS ASSOCIATIONS AND EDUCATIONAL ORGANIZATIONS FOR WHICH THE SERVICES OF A TEACHER MAY CONSTITUTE A POSITION CONTEMPLATED BY THE PLAN

1. THE RECOGNIZED ASSOCIATIONS OF TEACHERS ARE THE FOLLOWING:

the Association canadienne d’éducation de la langue française

the Association des cadres scolaires du Québec

the Centrale de l’enseignement du Québec

the Fédération québécoise des directeurs d’écoles

the Provincial Association of Catholic Teachers of Québec

the Provincial Association of Protestant Teachers of Québec

2. THE RECOGNIZED EDUCATIONAL ORGANIZATIONS ARE THE FOLLOWING:

the Association des Collèges privés du Québec

the Fédération des Collèges d’enseignement général et professionnel

the Fédération des commissions scolaires du Québec

3. THE AGENCIES THAT ARE AFFILIATED WITH ASSOCIATIONS OF TEACHERS

1983, c. 24, s. 2; T.B. 179667 of 17.03.92, (1992) 124 G.O. 2, 1939; T.B. 182870 of 20.04.93, (1993) 125 G.O. 2, 2767.

SCHEDULE III

(Repealed).

1983, c. 24, s. 2; T.B. 149513 of 20.03.84, (1984) 116 G.O. 2, 1352; 1992, c. 67, s. 71.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 68 of the statutes of 1965 (1st session), in force on 31 December 1977, is repealed, except sections 1 (part), 3a, 3b (part), 25a (part), 29 (part), 30, 31 (part), 32, 34 and 35, effective from the coming into force of chapter R-11 of the Revised Statutes.