r-16 - Act respecting retirement plans for the mayors and councillors of municipalities

Updated to 22 October 1999

This document has official status.

chapter R-16

Act respecting retirement plans for the mayors and councillors of municipalities

1978, c. 60, s. 1.

DIVISION I DEFINITIONS

1. In this Act, the word or expression

(a)  “municipality” means a local municipality;

(b)  “member of the council” means the mayor or a councillor of a municipality;

(c)  “general plan” means the retirement plan established by section 2 of this Act;

(d)  “Commission” means the Commission administrative des régimes de retraite et d’assurances;

(e)  “participant” means the member of the council who participates in the general plan;

(f)  “credited service” means, when expressed in years, the period during which a member of the council has participated in the general plan, taking into account, if such is the case, the service transferred or redeemed under this Act, any fraction of a year being deemed to be a complete year;

(g)  “pensionable salary” means the annual remuneration of a member of the council, including the allowances intended to pay part of the expenses attaching to the office of member of the council and any remuneration or allowance for the exercise of a particular function within the council or executive committee of the municipality;

(h)  “regulation” means a regulation of the Government made under this Act;

(i)  “year” means a cumulative period of 12 months.

1974, c. 48, s. 1; 1977, c. 5, s. 14; 1978, c. 60, s. 2; 1983, c. 24, s. 89; 1996, c. 2, s. 884; 1999, c. 40, s. 255.

DIVISION II GENERAL PLAN

2. A general retirement plan applicable to the members of the council of a municipality is established from 1 January 1975.

1974, c. 48, s. 2.

3. (Repealed).

1974, c. 48, s. 3; 1988, c. 85, s. 92.

4. (Repealed).

1974, c. 48, s. 4; 1988, c. 85, s. 92.

5. (Repealed).

1974, c. 48, s. 5; 1988, c. 85, s. 92.

6. (Repealed).

1974, c. 48, s. 6; 1988, c. 85, s. 92.

7. (Repealed).

1974, c. 48, s. 7; 1978, c. 60, s. 3; 1988, c. 85, s. 92.

8. (Repealed).

1974, c. 48, s. 8; 1988, c. 85, s. 92.

DIVISION III ADMINISTRATION

9. The administration of the general plan is entrusted to the Commission.

1974, c. 48, s. 9.

10. The Commission shall pay to the Caisse de dépôt et placement du Québec the sums paid to it under this Act, except the part of such sums that it considers it will need immediately to make payments under this Act.

1974, c. 48, s. 10; 1977, c. 5, s. 14.

11. The function of the commission is to prescribe, in respect of funds entrusted to it under section 10, general standards of allocation of investments to be taken into account by the Caisse de dépôt et placement du Québec.

1974, c. 48, s. 11; 1977, c. 5, s. 14; 1982, c. 51, s. 122.

12. The Caisse de dépôt et placement du Québec must submit to the Commission an annual report on the state of the fund of the general plan.

The Commission shall communicate such report to the municipalities which have joined the general plan.

1974, c. 48, s. 12; 1977, c. 5, s. 14.

DIVISION IV

Repealed, 1988, c. 85, s. 93.

1988, c. 85, s. 93.

13. (Repealed).

1974, c. 48, s. 13; 1988, c. 85, s. 93.

14. (Repealed).

1974, c. 48, s. 14; 1988, c. 85, s. 93.

15. (Repealed).

1974, c. 48, s. 15; 1988, c. 85, s. 93.

16. (Repealed).

1974, c. 48, s. 16; 1988, c. 85, s. 93.

17. (Repealed).

1974, c. 48, s. 17; 1988, c. 85, s. 93.

18. (Repealed).

1974, c. 48, s. 18; 1988, c. 85, s. 93.

19. (Repealed).

1974, c. 48, s. 19; 1988, c. 85, s. 93.

20. (Repealed).

1974, c. 48, s. 20; 1988, c. 85, s. 93.

21. (Repealed).

1974, c. 48, s. 21; 1988, c. 85, s. 93.

22. (Repealed).

1974, c. 48, s. 22; 1988, c. 85, s. 93.

DIVISION V BENEFITS

23. A person shall acquire the right to a pension under the general plan if he has not less than eight years of credited service.

1974, c. 48, s. 23.

24. The pension shall be determined, in accordance with the terms and conditions established by regulation, by the amount of contributions of the participant, the contributory amounts of the municipality, the amounts paid for the redemption and transfer of previous years and interest at the rate fixed by regulation accumulated for the account of each participant.

1974, c. 48, s. 24.

25. The pension of a participant who is 60 years of age or more and who is no longer a member of the council becomes payable to him by the Commission from the date on which the application is received or, where that is the case, from any other later date indicated in the application.

Notwithstanding the first paragraph, the pension becomes payable not later than 31 December of the year in which the participant reaches 69 years of age.

1974, c. 48, s. 25; 1992, c. 16, s. 20; 1997, c. 31, s. 31.

26. The pension shall be for life; it shall be payable in monthly instalments in arrears, or in the prescribed manner.

1974, c. 48, s. 26.

27. If a pensioner dies before having received his pension for at least fifteen years, his spouse or, if he has no spouse, his heirs shall be entitled:

(a)  to receive the pension until expiry of such period of fifteen years, or

(b)  to receive, upon application, a lump sum equal to the commuted value of the pension.

1974, c. 48, s. 27; 1990, c. 5, s. 44.

28. The participant who ceases to be a member of the council before he has acquired the right to a pension shall be entitled, upon application, to the reimbursement, with interest fixed by regulation, of the contributions and other sums paid by him for participation in the general plan.

The contributory amounts paid by the municipality on account of such participant shall then be reimbursed to it, with interest at the rate prescribed by regulation.

In case of death, the reimbursement shall be made in the same manner to his spouse or, if he has no spouse, to his heirs.

1974, c. 48, s. 28; 1990, c. 5, s. 45.

29. (Repealed).

1974, c. 48, s. 29; 1988, c. 85, s. 94.

29.1. (Repealed).

1978, c. 60, s. 4; 1988, c. 85, s. 94.

30. If a participant dies at 60 years of age or older, after he has acquired the right to a pension but before such pension is payable to him, his spouse or, if he has no spouse, his heirs are entitled, from the first day of the month following the death,

(1)  to receive the pension for fifteen years; or

(2)  to receive, upon application, a lump sum equal to the commuted value of the pension.

1974, c. 48, s. 30; 1982, c. 2, s. 44; 1990, c. 5, s. 44.

30.1. If a participant dies before reaching 60 years of age but after he has acquired the right to a pension, the sums accumulated to his account are paid in a lump sum to his spouse or, if he has no spouse, to his heirs, with interest at the rate fixed.

1982, c. 2, s. 44; 1990, c. 5, s. 46.

31. The benefits payable under this Act shall be unassignable and unseizable.

1974, c. 48, s. 31.

32. Every reimbursement provided for in this Act is made on or before the one hundred and eightieth day following the reception by the Commission of an application of the person entitled to it, made in accordance with the form prescribed by regulation.

1974, c. 48, s. 32; 1978, c. 60, s. 5.

DIVISION VI

Repealed, 1988, c. 85, s. 95.

1988, c. 85, s. 95.

33. (Repealed).

1974, c. 48, s. 33; 1978, c. 60, s. 6; 1982, c. 63, s. 234; 1988, c. 85, s. 95.

33.1. (Repealed).

1978, c. 60, s. 7; 1988, c. 85, s. 95.

34. (Repealed).

1974, c. 48, s. 34; 1978, c. 60, s. 8; 1988, c. 85, s. 95.

DIVISION VII

Repealed, 1988, c. 85, s. 95.

1988, c. 85, s. 95.

35. (Repealed).

1974, c. 48, s. 35; 1988, c. 85, s. 95.

36. (Repealed).

1974, c. 48, s. 36; 1988, c. 85, s. 95.

37. (Repealed).

1974, c. 48, s. 37; 1978, c. 60, s. 9; 1982, c. 63, s. 235; 1988, c. 85, s. 95.

38. (Repealed).

1974, c. 48, s. 38; 1988, c. 85, s. 95.

DIVISION VIII

Repealed, 1988, c. 85, s. 95.

1988, c. 85, s. 95.

39. (Repealed).

1974, c. 48, s. 39; 1988, c. 85, s. 95.

40. (Repealed).

1974, c. 48, s. 40; 1978, c. 60, s. 10; 1988, c. 85, s. 95.

41. (Repealed).

1974, c. 48, s. 41; 1988, c. 85, s. 95.

DIVISION VIII.1

Repealed, 1988, c. 85, s. 95.

1978, c. 60, s. 11; 1988, c. 85, s. 95.

41.1. (Repealed).

1978, c. 60, s. 11; 1988, c. 85, s. 95.

41.2. (Repealed).

1978, c. 60, s. 11; 1988, c. 85, s. 95.

41.3. (Repealed).

1979, c. 36, s. 104; 1980, c. 16, s. 84; 1988, c. 85, s. 95.

DIVISION VIII.2 PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1990, c. 5, s. 47.

41.4. 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 member or former member of the council 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 member or former member of the council under this plan, the value of such benefits for the period of the marriage and any other information determined by regulation.

1990, c. 5, s. 47.

41.5. 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. 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, if the court so decides, on the date on which the spouses ceased to live together.

1990, c. 5, s. 47.

41.6. 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. 47.

41.7. 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. 47.

41.8. Following payment of the sums awarded to the spouse of the member or former member of the council, every sum payable under this plan with respect to the membership of the member or former member of the council 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. 47.

41.9. Where, following a separation from bed and board, the value of the benefits accrued by the member or former member of the council 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. 47.

DIVISION IX REGULATIONS

42. The Government may, by regulation:

(a)  determine the rates of interest for which this Act provides for the fixing by regulation and, as the case may be, the rules governing the computing of the interest;

(b)  determine the form and contents of any form and the information which must be furnished on it;

(c)  (subparagraph repealed);

(d)  order that a pension may be paid otherwise than by monthly instalments;

(e)  (subparagraph repealed);

(f)  determine the terms and conditions for purposes of computing the pension;

(g)  determine every other measure necessary for the application of this Act;

(h)  determine the terms and conditions of the applications required under Division VIII.2;

(i)  determine, for the purposes of section 41.4, the information which must be contained in the statement setting out the value of the benefits accrued by the member or former member of the council;

(j)  fix, for the purposes of section 41.5, 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; 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;

(k)  determine, for the purposes of section 41.6, the rules and the terms and conditions of payment of the sums awarded to the spouse and, where applicable, the interest payable thereon;

(l)  prescribe, for the purposes of section 41.8, 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.

Every regulation made under this Act shall come into force from its publication in the Gazette officielle du Québec or on any later date fixed therein.

1974, c. 48, s. 42; 1978, c. 60, s. 12; 1988, c. 85, s. 96; 1990, c. 5, s. 48.

DIVISION X FINAL PROVISIONS

43. (Repealed).

1974, c. 48, s. 43; 1978, c. 60, s. 13; 1988, c. 85, s. 97.

44. (Repealed).

1974, c. 48, s. 44; 1977, c. 5, s. 14; 1988, c. 85, s. 97.

45. (Repealed).

1978, c. 60, s. 14; 1988, c. 85, s. 97.

46. (Repealed).

1978, c. 60, s. 14; 1988, c. 85, s. 97.

47. (Repealed).

1978, c. 60, s. 14; 1988, c. 85, s. 97.

48. (Repealed).

1978, c. 60, s. 14; 1982, c. 63, s. 236; 1988, c. 85, s. 97.

49. (Repealed).

1978, c. 60, s. 14; 1988, c. 85, s. 97.

50. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 48 of the statutes of 1974, in force on 31 December 1977, is repealed, except sections 45 and 46, effective from the coming into force of chapter R-16 of the Revised Statutes.