r-9.2 - Act respecting the Pension Plan of Peace Officers in Correctional Services

Updated to 16 June 1999

This document has official status.

chapter R-9.2

Act respecting the Pension Plan of Peace Officers in Correctional Services

1990, c. 87, s. 14.

CHAPTER I SCOPE

1. This pension plan applies, from 1 January 1988, to every peace officer included in the bargaining unit certified as the “Union des agents de la paix en institutions pénales” designated since 21 August 1990 under the name of the Syndicat des agents de la paix en services correctionnels du Québec. It also applies, from 1 January 1991, to every peace officer who would be included therein if he were not, in the course of his duties, temporarily representing the employer in his relations with the employees.

1987, c. 107, s. 1; 1990, c. 87, s. 15.

1.1. The plan also applies from 1 January 1992

(1)  to every person who, on or after that date, holds, in a house of detention, employment as a regular intermediate officer contemplated in the Directive concernant l’ensemble des conditions de travail des cadres intermédiaires oeuvrant en établissement de détention à titre d’agents de la paix à l’exclusion des directeurs des établissements de détention (C.T. 170451 dated 11 April 1989) or in the Directive concernant l’ensemble des conditions de travail des cadres intermédiaires oeuvrant en établissement de détention à titre de directeurs des établissements de détention (C.T. 170452 dated 11 April 1989);

(2)  to every person belonging, subject to the second paragraph, to certain classes or subclasses of employees of the Institut Pinel, as determined by a regulation which may have effect 12 months or less before its adoption. The regulation may also, notwithstanding any inconsistent provision of this plan, except the provisions of Chapter V.1, contain special provisions applicable to the classes or subclasses of employees so determined. The Commission shall, with respect to a person belonging to any such class or subclass of employees, take account of the special provisions applicable to that class or subclass when administering this plan.

Any intermediate officer contemplated by a directive mentioned in subparagraph 1 of the first paragraph on 31 December 1991 who, on that date, is a member of the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan may elect to become a member of this plan. Notice to this effect must be received by the Commission before 1 January 1993 and the plan applies to the officer from 1 January 1992. The same applies to any person who, on 31 December 1991, belongs to a class or subclass of employees of the Institut Pinel, as determined by regulation, and who, on that date, is a member of the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan.

1991, c. 77, s. 8; 1992, c. 16, s. 1; 1992, c. 67, s. 13.

2. Every person to whom this plan applies pursuant to section 1 or 1.1 is, for the purposes of this plan, considered to be an employee except if he is a pensioner under the Government and Public Employees Retirement Plan, the Teachers Pension Plan, the Civil Service Superannuation Plan, the Pension Plan of Certain Teachers or the pension plans established pursuant to sections 9, 10 and 10.0.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1987, c. 107, s. 2; 1988, c. 82, s. 170; 1991, c. 14, s. 2; 1991, c. 77, s. 9; 1992, c. 67, s. 14.

3. For the purposes of this plan, an employee is deemed to hold pensionable employment when he holds full-time or part-time employment, which shall include, among other periods, any period during which he is on leave without pay, is eligible for salary insurance benefits and, in the case of a female employee, any period of maternity leave.

For the purposes of this plan, an employee is a member of a pension plan from the first day he holds pensionable employment, and such employee is deemed to remain a member of the plan as long as he remains an employee within the meaning of this plan. However, an employee who, before becoming a member of this plan, has obtained the transfer of past service to this plan is deemed to have become a member of the plan on the date on which the Commission administrative des régimes de retraite et d’assurances received the application for redemption of the past service.

For the purposes of this plan, “salary insurance” means the salary insurance that is mandatory for the employee but does not include the salary insurance referred to in section 42.1.

1987, c. 107, s. 3; 1995, c. 70, s. 5.

4. An employee 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.

1987, c. 107, s. 4; 1990, c. 87, s. 16.

4.1. An employee 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 would apply to him.

If the employee is not entitled to such re-assignment, he may be a member of this plan if he applies therefor and if the Government adopts an order to that effect. The order may have effect 12 months or less prior to its adoption.

1990, c. 87, s. 16.

5. Every employee who, following a career re-orientation or after a demotion not contrary to the terms of the collective agreement applicable to the bargaining unit referred to in section 1, remains an employee appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1) shall continue to be a member of this plan as long as his appointment and remuneration are maintained.

1987, c. 107, s. 5.

5.0.1. Every intermediate officer who is a member of this plan and who is promoted or reclassified to the position of territorial director of correctional services continues to be a member of this plan.

1995, c. 70, s. 6.

5.1. Every intermediate officer who, following a career reorientation pursuant to the Directive concernant la classification et la gestion des emplois de cadres intermédiaires et de leurs titulaires (C.T. 179775 dated 25 March 1992) or a demotion pursuant to section 18 of the Public Service Act (chapter F-3.1.1) and the assignment of a new classification under section 101 of that Act, where, in the latter case, he is assigned employment in an intermediate officer class inferior to the class to which he belonged, or employment that is not in an intermediate officer class and for which the maximum point on the salary scale is equal to or less than the maximum point on the salary scale of the class of employment to which he belonged, shall continue to be a member of this plan as long as he is appointed and remunerated in accordance with the Public Service Act.

The first paragraph, adapted as required, applies to a territorial director to whom section 5.0.1 applies.

1992, c. 67, s. 15; 1995, c. 70, s. 7.

6. A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted leave without pay to hold employment that is pensionable employment under this plan becomes a member of this plan.

1987, c. 107, s. 6.

7. This plan does not apply to an employee who

(1)  is under 18 years of age;

(2)  becomes an employee on or after 31 December of the year in which the employee attains 69 years of age;

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

(4)  is a Member of the National Assembly;

(4.1)  was an intermediate officer who could have elected to become a member of this plan under the second paragraph of section 1.1 but did not do so, provided he has not ceased to be a member of his pension plan;

(5)  is excluded by regulation from the plan by reason of his class or conditions of employment or his remuneration or mode of remuneration.

1987, c. 107, s. 7; 1991, c. 77, s. 10; 1992, c. 67, s. 16; 1997, c. 71, s. 6.

8. An employee is no longer an employee within the meaning of the plan on 31 December of the year in which the employee attains 69 years of age.

1987, c. 107, s. 8; 1988, c. 82, s. 171; 1991, c. 77, s. 11; 1997, c. 71, s. 7.

CHAPTER II DETERMINATION OF PENSIONABLE SALARY AND YEARS OF SERVICE

DIVISION I PENSIONABLE SALARY

9. The pensionable salary of an employee is the basic salary paid to him in the course of a calendar year, the salary he would have been entitled to receive during a period of absence covered by salary insurance and, in the case of a female employee, 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 are not included in the basic salary.

1987, c. 107, s. 9; 1988, c. 82, s. 172; 1991, c. 77, s. 12.

10. (Repealed).

1987, c. 107, s. 10; 1988, c. 82, s. 173.

11. Notwithstanding section 9, any lump sum paid to an employee as an increase or adjustment of the pensionable salary for a previous year shall be included in 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 under the plan shall be excluded.

1987, c. 107, s. 11; 1988, c. 82, s. 174; 1990, c. 32, s. 2.

12. The pensionable salary of an employee who is released for union activities is the salary paid to him by his employer and, where such is the case, any salary paid to him by the Syndicat des agents de la paix en services correctionnels du Québec.

The Syndicat des agents de la paix en services correctionnels du Québec shall pay the employer’s contribution in respect of that employee.

1987, c. 107, s. 12; 1990, c. 87, s. 104.

13. The pensionable salary of an employee in a 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 9, with the exception of any lump sum paid subsequently as an increase or adjustment of the pensionable salary for that year.

1987, c. 107, s. 13; 1988, c. 82, s. 175.

14. The pensionable salary of an employee 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 employee is reduced by the application of section 16, the pensionable salary of the employee 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 employee’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 employee 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 9, computed on a yearly basis and multiplied by the total service credited.

For the purposes of the third paragraph of section 46.1, the employee 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.

1987, c. 107, s. 14; 1988, c. 82, s. 176; 1991, c. 77, s. 13; 1995, c. 46, s. 2.

14.1. Notwithstanding sections 9 to 14, the pensionable salary of an employee shall not exceed the salary required to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

For the purposes of the first paragraph, the pensionable salary of an employee 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 9 to 14, reduced by the amount established in accordance with the third paragraph of section 46.1, by the service credited; and

(2)  adding to the result of that operation the amount established in accordance with the third paragraph of section 46.1.

For the purposes of the second paragraph, the pensionable salary referred to in the third paragraph of section 46.1 does not take account of the limit provided for in the first paragraph.

1991, c. 77, s. 14; 1992, c. 67, s. 17.

DIVISION II YEARS OF SERVICE

§ 1 . — General provisions

15. One year of service or part of a year of service shall be credited, for each calendar year, to the employee for service earned in the year if the contributions have been paid and have not been refunded and for any service otherwise credited to the employee under the plan.

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

1987, c. 107, s. 15; 1997, c. 71, s. 8.

16. If an employee simultaneously holds more than one pensionable employment, he shall be credited with up to one year of service.

However, in no case may an employee be credited, during the year in which he retires, with more service than the number of contributory days between 1 January and the date of his retirement.

1987, c. 107, s. 16.

17. The days and parts of a day of a period during which an employee 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 for each period of eligibility.

The days and parts of a day during which a female employee is receiving an income replacement indemnity under section 36 of the Act respecting occupational health and safety (chapter S-2.1) by reason of the exercise of a right granted under section 40, 41 or 46 of the said Act, shall be credited, without contributions, up to two years of service for each period of eligibility.

However, in the case of salary insurance and if it so provides, the insurer shall pay the contributions that would have been paid by the employee; those contributions are credited to the account of the employee.

1987, c. 107, s. 17; 1992, c. 16, s. 2.

18. The days and parts of a day of a maternity leave beginning after 31 December 1988 shall be credited, without contributions, to every female employee up to 130 contributory days if she was an employee to whom this plan applied.

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

1987, c. 107, s. 18; 1988, c. 82, s. 177; 1990, c. 87, s. 17; 1991, c. 77, s. 15.

19. The days and parts of a day of absence that are compensated in full out of accumulated sick leave are credited to the employee only if the contributions have been paid. Such rule applies even in the cases provided for in sections 17, 18 and 32.1.

1987, c. 107, s. 19; 1988, c. 82, s. 178.

20. The days and parts of a day during which an employee is on part-time or full-time leave without pay for a period of not less than 28 consecutive days, in progress on 1 January 1988 or beginning thereafter, shall be credited to the employee who applies therefor, if

(1)  the leave was authorized by his employer;

(2)  he pays the contributions that would have been deducted from the pensionable salary he would have received if he had not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of 260;

(3)  he holds, in the case of a full-time leave without pay, pensionable employment under this plan, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan, even if, in the last case, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer 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 a transfer agreement entered into under section 133 or, if the leave is followed by a maternity leave, from the end of the leave or, where such is the case, from the end of a leave without pay immediately following a maternity leave.

For the purposes of subparagraph 2 of the first paragraph, the contributions to be paid by the employee, if any, for the part of the period of leave without pay prior to 1 January 1988 shall be determined according to the rate in force on that date as determined pursuant to this plan.

1987, c. 107, s. 20; 1988, c. 82, s. 179.

21. If the application to redeem a leave without pay authorized by the employer and defined in section 20 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 following the end of the authorized leave, in the case of a part-time leave without pay, the amount required to pay the redemption costs bears interest at the rate in force pursuant to 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 following the end of the authorized leave until the date of receipt of the application, and is compounded annually.

The employee may, to pay the redemption costs of a period of leave without pay, spread payment thereof over such period and at such intervals as may be determined by the Commission.

1987, c. 107, s. 21.

§ 2 . — Special provisions

22. The years and parts of a year of service credited to an employee under the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235), the Teachers Pension Plan, the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Certain Teachers shall be credited under this plan, unless the contributions have been refunded to the employee, and subject to the exception under section 23.

The years and parts of a year of service contemplated in section 20 of the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1), those for which a pension credit is granted under the said Act or the Government and Public Employees Retirement Plan and those credited to the employee under the pension plans established pursuant to sections 9 and 10 of the said Act shall be credited under this plan unless the contributions or any other sum paid by the employee into the plan have been refunded to him, and subject to section 23.

1987, c. 107, s. 22.

23. The years or parts of a year of service contemplated in the first paragraph of section 22 which are standing to the credit of an employee who, on 31 December 1987, was not a peace officer included in the bargaining unit referred to in section 1 or who, on 31 December 1991, was not an intermediate officer holding employment in a house of detention or a person belonging to a class or subclass of employees determined under subparagraph 2 of the first paragraph of section 1.1, and the years and parts of a year of service referred to in the second paragraph of section 22 shall be credited under this plan on an actuarially equivalent basis as established on the date he begins to pay contributions to this plan. These years and parts of a year of service shall, in that case, be credited, beginning with the latest service, until the actuarial value of the benefits as established 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 other pension plan, without exceeding the service credited to the employee under that other plan.

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

Notwithstanding the foregoing, if years and parts of a year of service contemplated in the first paragraph of section 22 are standing to the credit of the employee under several pension plans, they are deemed, for the purposes of establishing the actuarial value of accrued benefits, to have been transferred to the last pension plan of which the employee was a member before becoming a member of this plan.

1987, c. 107, s. 23; 1991, c. 77, s. 16; 1992, c. 16, s. 3.

24. An employee who, on 1 January 1988, is a peace officer included in the bargaining unit referred to in section 1 but who, on 31 December 1987, was a member of the Civil Service Superannuation Plan or an employee who, on 31 December 1991, was an intermediate officer holding employment in a house of detention or a person belonging to a class or subclass of employees determined under subparagraph 2 of the first paragraph of section 1.1 and who became an employee covered by this plan on 1 January 1992 but who, on 31 December 1991, was a member of the Civil Service Superannuation Plan may be credited under this plan with the years and parts of a year of service for which contributions have been refunded under the Civil Service Superannuation Plan, provided he repays the contributions with interest at the rate of 4 %, compounded annually, and computed from the day of the refund.

An employee referred to in the first paragraph who is a former member of the Sûreté du Québec and who became a member of the Civil Service Superannuation Plan before 1 July 1973 is entitled to be credited with the years and parts of a year of service credited to him under the pension plan of the Sûreté du Québec, if his contributions have not been refunded and if no pension or deferred pension is payable to him in respect of those years and parts of a year of service under the said plan. In such a case, the amount of contributions collected under the said plan is deemed to have been paid into this plan from the date of the employee’s application, but only up to the amount of the contributions he would have paid to the Civil Service Superannuation Plan for those years and parts of a year of service.

The amount determined under the first paragraph shall be payable in a lump sum or by instalments in accordance with Schedule I. The payments shall be deducted from the employee’s pensionable salary or, as the case may be, from any pension benefits, except a child’s pension, which becomes payable to him under this plan.

1987, c. 107, s. 24; 1988, c. 82, s. 180; 1990, c. 87, s. 18; 1991, c. 77, s. 17; 1992, c. 16, s. 3; 1992, c. 67, s. 18.

24.1. An employee is entitled to be credited with the years and parts of a year of service during which he was 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), provided he has not otherwise been credited with such years and parts of a year or provided his contributions in respect of them have not been refunded to him.

To have all or part of such service credited, the employee must pay to the Commission an amount equal to the contribution he would have been required to pay if he had been a member of this plan. The amount bears interest, compounded annually, at the rates determined for each period pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). The interest accrues from the midpoint of each year to the date on which the redemption proposal is made by the Commission. Where the employee has only part of his service credited, the most recent service is credited first.

The amount established pursuant to 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 expires.

1990, c. 87, s. 19; 1997, c. 50, s. 11.

25. An employee who has held casual employment defined by regulation under paragraph 14 of section 134 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) is entitled to be credited with the service earned while in casual employment between 30 June 1973 and 1 January 1988 with an agency or body contemplated by the Government and Public Employees Retirement Plan or with an agency or body which, in the opinion of the Commission, would have been contemplated by the plan had it not ceased to exist. For the purposes of this paragraph, any period during which the employee is eligible for salary insurance benefits is counted as a period of service.

The employee must, to be credited with that service, pay to the Commission an amount equal to the contributions he would have been required to pay if he had been a member of the Government and Public Employees Retirement Plan, with interest, compounded annually, at the rates determined, for each period, under the Act respecting the Government and Public Employees Retirement Plan. Interest shall run from the midpoint of each year until the date of receipt of the application. If the employee applies to have only part of that service credited, the most recent service will be credited first. Any pension credit that may have been granted under the Act respecting the Government and Public Employees Retirement Plan or the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) in respect of such service is cancelled and the sums paid in respect thereof are refunded with interest. The years and parts of a year credited in respect of such service pursuant to section 23 shall be cancelled.

Any service redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 25.

26. The amount established pursuant to section 25 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 (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. 107, s. 26; 1990, c. 87, s. 20.

27. The days and parts of a day during which an employee, while holding pensionable employment under the Civil Service Superannuation Plan even if, while in that employment, he was a member of the Government and Public Employees Retirement Plan, the Civil Service Superannuation Plan or of the Pension Plan of Certain Teachers, was on part-time or full-time leave without pay for a period of not less than 28 consecutive days, which was in progress on 1 July 1983 or which began thereafter, shall be credited, provided the period has not been otherwise credited under this plan, to the employee who applies therefor, if

(1)  the leave was authorized by his employer;

(2)  he pays the contributions that would have been deducted under the Civil Service Superannuation Plan 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 and parts of a day comprised in the leave out of the number of contributory days in the year, namely 200 or 260, according to the basis of remuneration;

(3)  he held, in the case of a full-time leave without pay, pensionable employment under this plan, the Civil Service Superannuation Plan, the Teachers Pension Plan or the Government and Public Employees Retirement Plan, even if, in the last case, he was a member of the Pension Plan of Certain Teachers from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he became disabled, or, if the leave was followed by a maternity leave, from the end of the leave or, where such is the case, from the end of a leave without pay immediately following a maternity leave.

The service relating to any period of leave without pay redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 27; 1988, c. 82, s. 181.

28. If the application for the redemption of a leave without pay authorized by the employer and referred to in section 27 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 following the end of the authorized leave in the case of a part-time leave without pay, the first paragraph of section 21 applies.

The employee may, to pay the redemption costs of a leave without pay, spread payment thereof over such period and at such intervals as may be determined by the Commission.

1987, c. 107, s. 28.

29. The days during which an employee, while holding pensionable employment under the Civil Service Superannuation Plan, even if, while holding such employment, he was a member of the Government and Public Employees Retirement Plan, was on leave without pay which ended before 1 July 1983, but for any period subsequent to 1 July 1976, shall be credited, provided the leave has not been otherwise credited under this plan, to the employee who applies therefor, if

(1)  the leave was authorized by his employer;

(2)  he pays an amount equal to the amount of contributions that would have been deducted under the Civil Service Superannuation Plan, had he not been on leave, from the pensionable salary he was receiving at the time his leave began;

(3)  he held pensionable employment under the Civil Service Superannuation Plan, even if, while in that employment, he was a member of the Government and Public Employees Retirement Plan, from the end of his leave without pay, unless he became 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 employee was on leave without pay, the amount bears interest at 8.5 %, compounded annually, computed from the end of the leave.

The service relating to a period of leave without pay redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 29; 1988, c. 82, s. 182; 1990, c. 87, s. 21; 1992, c. 67, s. 19.

30. The days during which an employee, while holding pensionable employment under the Civil Service Superannuation Plan even if, while in that employment, he was a member of the Government and Public Employees Retirement Plan, was on leave without pay between 12 June 1969 and 1 July 1976, shall be credited, provided the leave has not been otherwise credited under this plan, to the employee who applies therefor, if

(1)  the leave was authorized by his employer;

(2)  he pays an amount computed in accordance with subparagraph 3 of the first paragraph of section 112.1 of the Act respecting the Civil Service Superannuation Plan (chapter R-12);

(3)  he held pensionable employment under the Civil Service Superannuation Plan, even if, while in that employment, he was a member of the Government and Public Employees Retirement Plan, from the end of his leave without pay.

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.

The service relating to a period of leave without pay redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 30; 1990, c. 87, s. 22; 1992, c. 67, s. 20; 1997, c. 50, s. 12.

31. Every female employee may be credited, without contributions, with the days and parts of a day of a maternity leave in progress on 1 July 1983 or which began thereafter, up to 130 contributory days, if, at the time the leave began, she was holding pensionable employment under the Civil Service Superannuation Plan, even if, while holding such employment, she was a member of the Government and Public Employees Retirement Plan or of the Pension Plan of Certain Teachers, provided the leave has not been otherwise credited under this plan.

The service relating to the days and parts of a day of a maternity leave redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 31.

32. Every female employee who was granted a maternity leave while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan may be credited, without contributions and up to 90 contributory days, with the days of a maternity leave which was in progress on 1 July 1965 or which began after that date but ended before 1 July 1976, provided the leave has not been otherwise credited under this plan, and provided the 90-day period allows the employee to complete 95 % or more of the school year in which she was granted the maternity leave.

Every female employee 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, provided the leave has not been otherwise credited under this plan.

To be credited with the days of the maternity leave, the employee referred to in the first or second paragraph is required to have contributed to the pension fund of officers of education established by Part VIII of the Education Act, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within 12 months preceding the beginning of the maternity leave, and to have again contributed to the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within the two years following the year in which the maternity leave ended, even if, in the last two cases, the employee referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time she again contributed.

The contributions paid by the employee to redeem the maternity leave pursuant to the provisions relating to the redemption of a leave without pay are refunded without interest if the leave was redeemed while she was a member of the Teachers Pension Plan or the Civil Service Superannuation Plan, and the sums paid by the employee are refunded with interest if the leave was redeemed while she was a member of the Government and Public Employees Retirement Plan. However, if the period redeemed 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 or, as the case may be, the sums paid by the employee cannot be refunded. If the period redeemed 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 employee, even if it is less than 30 days.

The service relating to the days of a maternity leave redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 32; 1990, c. 87, s. 23; 1991, c. 14, s. 3.

32.1. Every female employee included in the bargaining unit contemplated in section 1 may be credited, without contributions and up to 130 contributory days, with the days and parts of a day of a maternity leave in progress on 1 January 1988 or having begun on 31 December 1988, at the latest.

1988, c. 82, s. 183.

33. Any female employee who, while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan, ceased to be an employee for the purposes of her pension plan by reason of marriage, pregnancy or adoption may, provided, in the last case, the adoption was subsequently recognized for legal purposes by a judgment, be credited with all or part of her years of teaching prior to 1 January 1968 for which she obtained a refund 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 be an employee for the purposes of her plan.

To be credited with such years and parts of a year, the employee must pay an amount of $1 128 per year. That amount shall be increased by an amount equal to 1.65 % of her basic pensionable salary, computed on an annual basis, on the date of receipt of her application. However, if the employee held part-time employment on that date, the basic pensionable salary which must be used is the salary she would have received if she had held that employment full time. Any pension credit that may have been granted under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) in respect of any or several years or parts of a year are cancelled, and the sums paid to cover the cost thereof are refunded with interest. The years and parts of a year credited in respect of such service pursuant to section 23 shall be cancelled.

The amount required for these years and parts of a year to be credited is payable in a lump sum or by instalments spread over the period and payable at the times determined by the Commission. If it is paid by instalments, it bears interest, compounded annually, at the rate 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.

The service relating to the years and parts of a year of teaching redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 33; 1990, c. 87, s. 24.

34. The amount of $1 128 provided for in the second paragraph of section 33 shall be adjusted, on 31 December each year, according to the rate of interest 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. 107, s. 34.

35. Every employee 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 employee shall pay to the Commission, for each of those years and parts of a year, an amount equal to the amount obtained by applying the rate of contribution applicable to each of those years under the pension plan of which he was a member after having been a Member of the National Assembly, if the plan is a pension plan referred to in section 22 or, if he was not a member of any of the said plans, pursuant to this plan, to the lesser of the following amounts:

(1)  the indemnity he received as a Member; and

(2)  the pensionable salary he was or is entitled to receive in the first year in which, after having been a Member of the National Assembly, he was a member of a pension plan referred to in section 22 or, as the case may be, is a member of this pension plan.

The pension shall be based solely on the pensionable salary he is receiving or was receiving while he was or is a member of any of the pension plans referred to in the second paragraph.

The service relating to the years and parts of a year redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 35; 1988, c. 82, s. 184; 1993, c. 41, s. 5.

36. The employee shall pay the amount established under section 35 in a single payment. 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.

1987, c. 107, s. 36; 1990, c. 87, s. 25.

37. An employee who, before 1 January 1987, has not paid contributions to the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Certain Teachers but who began to pay contributions to any of those plans after that date may, if he applies therefor within 12 months of the date on which he began to pay contributions into any of those plans, be credited with his years and parts of a year of active service in the regular Canadian Forces or the forces levied by Canada in wartime within the meaning of the Canadian Forces Superannuation Act (Revised Statutes of Canada, 1985, chapter C-17), provided he is not receiving pension benefits under the said Act. An employee who never paid contributions to any of those plans may purchase those years and parts of a year of active service by applying therefor within 12 months of the date on which he begins to pay contributions to this plan.

The employee shall pay, without interest, for each of those years and parts of a year of active service, an amount equal to the deductions that would have been made from his salary in the regular Canadian Forces at the rate of contribution in force under this plan on the date he becomes a member of this plan. The amount is payable in the manner prescribed in the third paragraph of section 24.

The service relating to the years and parts of a year of active service redeemed under this section shall be credited under this plan to the extent determined under section 39.

1987, c. 107, s. 37.

38. Any employee to whom the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) has never applied and who meets the requirements of sections 3 and 4 of the said Act may avail himself of section 13 of the said Act, subject to the terms and conditions provided for in sections 15 to 17 of the said Act, as if he were a member of the said pension plan.

In that case, the years and parts of a year of service redeemed under the first paragraph and, as the case may be, any other year of teaching within the meaning of the second paragraph of section 20 of the Act respecting the Pension Plan of Certain Teachers shall be credited under this plan on an actuarially equivalent basis as established on the date of receipt of the employee’s application, in accordance with section 23.

1987, c. 107, s. 38.

39. The years and parts of a year of service referred to in sections 25, 27, 29 to 33, 35 and 37 shall be credited in full under this plan if, on 31 December 1987, the employee was a peace officer included in the bargaining unit referred to in section 1 and if, on 1 January 1988, he has become an employee within the meaning of this plan or if, on 31 December 1991, he was an intermediate officer holding employment in a house of detention or a person belonging to a class or subclass of employees determined under subparagraph 2 of the first paragraph of section 1.1 and if, on 1 January 1992, he became an employee within the meaning of this plan.

In all other cases, the years and parts of a year of service shall be credited under this plan on an actuarially equivalent basis as established pursuant to section 23 and used for crediting the years and parts of a year of service referred to in the first paragraph of section 22. However, if section 23 was not applicable, the actuarial values of the benefits shall be established, on the date the employee becomes a member of this plan, on the basis of the actuarial assumptions and methods that would have been used had the employee been a member of the Civil Service Superannuation Plan before he became a member of this plan. Those years and parts of a year of service are, in that case, credited in accordance with section 23.

1987, c. 107, s. 39; 1991, c. 77, s. 18; 1992, c. 16, s. 3.

40. An employee 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 23 and the second paragraph of sections 38 and 39 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 employee 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. 40; 1990, c. 87, s. 26.

41. The Commission shall refund to an employee 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 under sections 71 to 73 exceeds the actuarial value of the benefits accrued under that other pension plan.

1987, c. 107, s. 41.

CHAPTER III EMPLOYEE AND EMPLOYER CONTRIBUTIONS

42. The employer shall, except for a pensioner who, even if he holds pensionable employment, is not an employee for the purposes of this plan, and except for an employee referred to in section 119, from, in the latter case, the date on which his election not to participate applies, withhold each year from the pensionable salary he pays to each employee and, if applicable, from a lump sum paid to a pensioner pursuant to section 11, an amount equal to

(1)  7.85 %, up to that part of the pensionable salary which does not exceed the maximum pensionable earnings within the meaning of the Act respecting the Québec Pension Plan (chapter R-9);

(2)  9.65 % of that part of the pensionable salary which exceeds the maximum pensionable earnings;

(3)  (subparagraph replaced).

However, the employer shall, in respect of an employee referred to in section 5, make an annual deduction equal to 9 % of the pensionable salary paid to the employee by the employer.

The first and the second paragraphs apply only within the limits authorized under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1987, c. 107, s. 42; 1988, c. 82, s. 185; 1996, c. 53, s. 1.

42.1. The insurer shall withhold the amount to be withheld under section 42 from any lump sum benefit it pays to an employee 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 employee’s salary following rehabilitation.

1995, c. 70, s. 8.

43. The Syndicat des agents de la paix en services correctionnels du Québec shall pay to the Commission the employer contribution in respect of the employees referred to in section 12 at the same time as it sends the contributions of those employees.

1987, c. 107, s. 43; 1990, c. 87, s. 104.

43.1. In the case referred to in section 42.1, the insurer shall pay to the Commission, at the same time as it sends the contributions of the employees, an amount corresponding to the contribution it would have to pay as the employer.

1995, c. 70, s. 9.

CHAPTER IV PENSION BENEFITS

DIVISION I EMPLOYEE BENEFITS

§ 1 . — Entitlement to the pension

44. An employee who ceases to participate in the plan is entitled to a pension if the employee

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

(2)  has at least 32 years of service;

(3)  has at least 30 years of service and is not under 50 years of age;

(4)  is not under 60 years of age and his age added to his years of service totals 90 or more;

(5)  has become unable to perform his regular duties by reason of a physical or mental disability defined by regulation;

(6)  is not under 60 years of age;

(7)  has at least 25 years of service.

The pension shall be granted on the date on which the employee retires in accordance with section 53.

1987, c. 107, s. 44; 1997, c. 71, s. 9.

§ 2 . — Computation of the pension

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

(1)  the amount obtained by multiplying his average pensionable salary by 2.1875% per year of service credited before 1 January 1992;

(2)  the amount obtained by multiplying the average pensionable salary by 2% per year of service credited after 31 December 1991.

1987, c. 107, s. 45; 1991, c. 77, s. 19; 1996, c. 53, s. 3; 1997, c. 71, s. 10.

45.1. If the employee is under 65 years of age, the annual amount of pension is increased by an amount equal to 0.1875% of the employee’s average pensionable salary per year of service credited after 31 December 1991.

1996, c. 53, s. 4.

46. For the purposes of paragraph 1 of section 45, 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 14.1, by the credited service, except service credited under section 98;

(2)  selecting among the highest salaries resulting from the division, such number of salaries as may be needed to obtain a sum of five contributory periods corresponding to the years selected or, if the sum is less than five, the aggregate of such salaries;

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

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

For the purposes of paragraph 2 of section 45 and section 45.1, 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 98;

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

For the purposes of subparagraph 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 18, 31, 32 and 32.1 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 in the period during which the employee has contributed and been exempt in a year and during which days and parts of a day have otherwise been credited to him with contributions, except the days and parts of a day determined by regulation, out of 260. The first contributory period of a new employee begins on the first day for which service is credited to him.

1987, c. 107, s. 46; 1988, c. 82, s. 186; 1991, c. 77, s. 20; 1996, c. 53, s. 5.

46.1. For the purposes of section 46, 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 employee 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 46 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 46 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 employee 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 employee 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 98 and, in respect of the years 1990 and 1991, the service credited under sections 18 and 31, shall not be counted for the purposes of the third paragraph.

1992, c. 67, s. 21.

47. (Repealed).

1987, c. 107, s. 47; 1988, c. 82, s. 187; 1991, c. 77, s. 21; 1992, c. 67, s. 22.

48. 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 employee under a pension plan mentioned in section 22 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 51 and sections 49, 56, 59 and 102 to the extent that, in the last cases, they refer to section 51.

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. 48; 1990, c. 87, s. 27.

49. For the purposes of paragraph 1 of section 45, the average pensionable salary may in no case be less than $7,000.

1987, c. 107, s. 49; 1992, c. 67, s. 23.

50. The pension granted under subparagraph 6 or subparagraph 7 of the first paragraph of section 44 is reduced, for its duration, by 1/3 of 1 % per month, computed for each month falling between the date on which the pension is granted to the employee and the first date on which the pension would otherwise have been granted to the employee, at the time the employee ceased to participate in the plan, under subparagraph 1, 2, 3 or 4 of the first paragraph of the said section.

1987, c. 107, s. 50; 1997, c. 71, s. 11.

51. From the month following the pensioner’s sixty-fifth birthday or, as the case may be, from the month following the date on which the employee retires, if that date is after his sixty-fifth birthday, the pension is reduced as follows:

(1)  for that part of the pension pertaining to the years of service credited before 1 January 1992, by the amount obtained by multiplying

(a)  0.78125%;

(b)  the number of years of service credited between 31 December 1965 and 1 January 1992 but, in the case of the death of the person referred to in section 57, up to the number of years of service used in computing the spouse’s and the child’s pensions; and

(c)  that part of the average pensionable salary which does not exceed the average maximum pensionable earnings, within the meaning of the Act respecting the Québec Pension Plan (chapter R-9), in respect of all such last years of service as are needed to attain a sum of five corresponding contributory periods or, if the sum is less than five, in respect of all the years;

(2)  for that part of the pension pertaining to the years of service credited after 31 December 1991, by the amount obtained by adding the following amounts:

(a)  the amount obtained by multiplying

i.  0.5%;

ii.  the number of years of service credited after 31 December 1991 but, in the case of the death of the person referred to in section 57, up to the number of years of service used in computing the spouse’s and the child’s pensions; and

iii.  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, in respect of all such last years of service as are needed to attain a sum of five corresponding contributory periods or, if the sum is less than five, in respect of all the years; and

(b)  the amount added to the pension under section 45.1, taking into account the index adjustment that applied thereto.

In computing the average maximum pensionable earnings, each amount of maximum pensionable earnings concerned shall be computed on the basis of the ratio established for computing each contributory period.

However, where the employee 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 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 employee retires if such a disability pension is payable before the pension granted under this plan.

Where the pension is reduced under section 56.1, the amount obtained under subparagraph 1 and the amount obtained under subparagraph a of subparagraph 2 of the first paragraph are reduced by 2%.

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

1987, c. 107, s. 51; 1993, c. 41, s. 6; 1995, c. 70, s. 10; 1996, c. 53, s. 6; 1997, c. 71, s. 12.

52. In no case may a pension be reduced as provided in section 51 by an amount greater than the basic amount of the pension paid under the Act respecting the Québec Pension Plan (chapter R-9) or under a similar plan within the meaning of section 1 of that Act to which the employee is or would be entitled upon retiring from regular employment.

1987, c. 107, s. 52; 1991, c. 14, s. 4.

§ 2.1 . — Maximum benefits

1996, c. 53, s. 7.

52.1. Pension amounts computed under subdivision 2 of this division shall not exceed the limits authorized under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1996, c. 53, s. 7.

§ 3 . — Payment of pension benefits

53. The pension benefits become payable to the employee who is entitled thereto from the day the employee retires.

An employee is presumed to retire on the day after the day on which the employee ceases to participate in the plan. However, if the employee continues to hold pensionable employment under the plan after 30 December of the year in which the employee attains 69 years of age, the day after the day on which the employee ceases to hold such employment is the day on which the employee retires.

1987, c. 107, s. 53; 1991, c. 77, s. 22; 1997, c. 71, s. 13.

54. The pension shall be paid to the pensioner for life.

1987, c. 107, s. 54.

55. The spouse or, if there is no spouse, the successors of a deceased pensioner shall be 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.

1987, c. 107, s. 55; 1992, c. 67, s. 24; 1995, c. 46, s. 31.

DIVISION II SPOUSE AND CHILDREN BENEFITS

56. 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 an employee entitled a pension, his spouse shall be entitled to receive as pension for life one-half of the pension the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or which the employee would have been entitled to receive,

(1)  reduced as in section 51, from the month following the death, even if the pensioner or employee dies before 65 years of age;

(2)  not reduced as in section 51 if, at the time of death of the pensioner or employee, his spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

1987, c. 107, s. 56; 1988, c. 82, s. 188.

56.1. The employee may, in applying for a pension, elect to receive a pension with a 2% reduction for the duration of the payment in order to enable his spouse to receive, instead of the pension provided for in section 56, a pension equal to 60% of the reduced pension to which the employee will be entitled. The employee who is entitled to a deferred pension may also make that election within the 90 days preceding the date of his sixty-fifth birthday. However, the 2% reduction does not apply to the amount added, where applicable, to the annual amount of pension pursuant to section 45.1.

The election becomes irrevocable as soon as payment of the employee’s pension begins, even where no spouse is entitled to a pension.

1996, c. 53, s. 8.

57. If a person who, on 31 December 1987, was a peace officer included in the bargaining unit referred to in section 1 who, on 1 January 1988, became a member of this plan dies before becoming entitled to a pension or before a pension under section 63 or 64 becomes payable to him, his spouse shall be entitled to receive as pension for life, from the time of the person’s death, one-half of the pension that would have been payable to him in respect of the years or parts of a year during which he was a member of the pension fund established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235), the Teachers Pension Plan or the Civil Service Superannuation Plan and in respect of the years and parts of a year credited under this plan pursuant to the first paragraph of section 24 and sections 32 and 33. However, the pension shall be computed on the basis of the average pensionable salary determined under sections 46 to 48.

Where applicable, the pension shall be reduced as in section 56.

The first and second paragraphs shall apply to the spouse of a person who, on 31 December 1991, was an intermediate officer holding employment in a house of detention or a person belonging to a class or subclass of employees determined under subparagraph 2 of the first paragraph of section 1.1 and who, on 1 January 1992, became a member of this plan, if the person dies before becoming entitled to a pension or before the pension under section 63 or 64 becomes payable to him.

1987, c. 107, s. 57; 1991, c. 77, s. 23; 1992, c. 16, s. 3.

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

1987, c. 107, s. 58; 1988, c. 82, s. 189; 1999, c. 14, s. 21.

59. Each child of a pensioner or employee referred to in section 56 or, as the case may be, of a person referred to in section 57, who is unmarried and under 18 years of age or under 21 years of age if he is a full-time student in an educational institution designated in Schedule I to the Act respecting the Teachers Pension Plan (chapter R-11) or in any other institution designated by regulation, is entitled to receive, as 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 51;

(2)  if there is 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 51;

(3)  if the spouse dies while receiving a pension, 20 % of the pension used as the basis for computing the spouse’s pension and adjusted from the death of the pensioner or employee referred to in section 56 or, as the case may be, of the person referred to in section 57, reduced as in section 51.

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 the children.

1987, c. 107, s. 59; 1990, c. 5, s. 10.

60. The pension granted to a child is paid from the day the spouse’s pension is payable or, if there is no spouse entitled to a pension, from the day it would have been payable. If the spouse dies, the new pension granted to the child is paid from the month following the death of the spouse.

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

1987, c. 107, s. 60; 1990, c. 5, s. 11.

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

1987, c. 107, s. 61.

DIVISION III DEFERRED PENSION

62. An employee who, after 10 years of service and before becoming entitled to a pension, ceases to be a member of this plan is entitled to a deferred pension only, unless he transfers his years and parts of a year of service to another pension plan.

In case of death before the deferred pension becomes payable, the contributions shall, subject to section 74, be refunded to his spouse or, if he has no spouse, to his successors.

1987, c. 107, s. 62; 1990, c. 5, s. 12; 1995, c. 46, s. 31.

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

(1)  from 65 years of age;

(2)  from the time the employee is physically or mentally disabled, as defined by regulation;

(3)  from the time he begins to receive the retirement pension acquired as a Member of the National Assembly, if he became a Member before 1 January 1992.

1987, c. 107, s. 63; 1992, c. 9, s. 3; 1993, c. 41, s. 7.

64. An employee 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 if they have not been transferred to another pension plan, if he acquires entitlement to a retirement pension as a Member of the National Assembly and if he repays all contributions refunded 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.

1987, c. 107, s. 64; 1992, c. 9, s. 4; 1993, c. 41, s. 8.

65. Any deferred pension is cancelled if the employee again becomes a member of this plan, and the years and parts of a year of service he accumulates are added to those already credited.

1987, c. 107, s. 65.

66. The annual amount of the deferred pension is computed in the same manner as the pension and is paid to the pensioner for life.

1987, c. 107, s. 66.

DIVISION III.1 ADDITIONAL BENEFIT

1996, c. 53, s. 10.

66.1. The persons who belong to a category or subcategory determined by regulation are entitled to an additional benefit which shall be granted according to the rules, terms and conditions prescribed in the regulation, which may vary according to the category or subcategory to which the person belongs. The additional benefit shall be established in the manner prescribed in the regulation.

1996, c. 53, s. 10.

66.2. The actuarial value of the additional benefits granted under section 66.1 shall be financed by the sum of the following amounts:

(1)  the amount resulting from the increase of the employer contribution under section 145;

(2)  the amount equal to the difference between the amounts provided for in the following subparagraphs:

(a)  the amount of contributions paid by the employees and the employer contributions during the period extending from 1 January 1988 to 31 December 1991;

(b)  the amount of contributions which would, during the same period, have been paid by the employees and by the employer had the rate of contribution been fixed in light of the actuarial valuation of the plan as it stands on 31 December 1987.

The amount obtained pursuant to the first paragraph bears interest, compounded annually, and computed according to the rate of return obtained at the Caisse de dépôt et placement du Québec by the fund of the employees who may be unionized and who are members of the Government and Public Employees Retirement Plan. For the purpose of computing the interest, the amounts referred to in subparagraphs 1 and 2 of the first paragraph shall be established annually and are deemed to be received at the midpoint of each year.

1996, c. 53, s. 10.

66.3. A regulation under this division may have effect 12 months or less before its adoption.

1996, c. 53, s. 10.

DIVISION IV REFUNDS

67. If an employee ceases to participate in this plan before becoming entitled to a pension or to only a deferred pension, he is entitled, unless he again participates in the plan and subject to section 74, to the refund of his contributions.

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

1987, c. 107, s. 67; 1988, c. 82, s. 190; 1990, c. 5, s. 13; 1995, c. 46, s. 31.

68. A refund of contributions under the first paragraph of section 67 is payable to the employee entitled thereto from the 211th day following the day on which he ceased to participate in the plan for the last time.

1987, c. 107, s. 68; 1988, c. 82, s. 191; 1990, c. 5, s. 14.

68.1. Every application for a refund of contributions under section 67 shall be filed with the Commission by means of the prescribed form.

1988, c. 82, s. 192.

69. In the case provided for in section 67, where the employee again participates in this plan without having obtained the refund of his contributions, the years and parts of a year of service which he accumulates shall be added to those already credited.

1987, c. 107, s. 69; 1988, c. 82, s. 193.

70. If an employee dies before being entitled to a pension, his contributions are refunded to his spouse or, if he has no spouse, to his successors, subject to section 74.

1987, c. 107, s. 70; 1990, c. 5, s. 15; 1995, c. 46, s. 31.

71. For the purposes of this division, contributions include every amount paid by the employee 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 relevant pension plan. However, they do not include any amount refunded to the employee under any such pension plan if, when service was transferred on an actuarially equivalent basis, the total amount of accumulated contributions exceeded the actuarial value of the benefits accrued under the new pension plan.

However, the amounts paid by an employee into a supplemental pension plan established by an employer contemplated by the Government and Public Employees Retirement Plan are refunded if the funds or, as the case may be, the actuarial value of the benefits accrued to the employee have been transferred to this plan in accordance with section 135 or section 136.

1987, c. 107, s. 71.

72. Subject to section 73, contributions are refunded with interest, compounded annually, at the rates determined, for each period, under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). For the purposes of computing the interest, the contributions are deemed to be received at the mid-point of the year of the payment and the interest is computed up to the first day of the month in which the refund is made.

However, in respect of contributions relating to the service of the employee while he was a member of a pension plan referred to in section 22, the interest is computed from the date on which he begins to pay contributions under this plan and, in respect of contributions paid by the employee into a pension plan out of which service was transferred to this plan pursuant to the second paragraph of section 24 and section 133, the interest is computed from the date of the application in the case of section 24 and from the date of the transfer of the funds in the case of section 133.

1987, c. 107, s. 72.

73. Contributions relating to the service of an employee while he was a member of the pension fund of the officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235), the Teachers Pension Plan or the Civil Service Superannuation Plan are refunded without interest if the service has not been credited under this plan on an actuarially equivalent basis. The same applies to the amounts paid by the employee pursuant to the first paragraph of section 24 and section 33.

1987, c. 107, s. 73.

74. If, at the time of a refund of contributions, amounts have been paid as pension benefits under this plan or under another pension plan out of which service has not been transferred to this plan on an actuarially equivalent basis, the total amount of the contributions including accrued interest up to the date on which pension benefits became payable is reduced by the amounts paid as pension benefits from the date on which the benefits ceased to be paid.The balance of the contributions and of any accrued interest bears interest at the rate in force on the date of the refund under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) for every period during which no benefit was paid.

However, if pension benefits are payable under section 57, the contributions refunded under section 70 do not include contributions relating to service credited for the purpose of computing those pension benefits. In that case, the first paragraph applies, at the time the pension benefits become payable, in respect of other contributions but without taking into account the amounts paid as pension benefits under section 57. From the time the pension benefits cease to be paid, the first paragraph once again applies to the contributions and amounts paid as pension benefits not taken into account for the purpose of the initial refund.

1987, c. 107, s. 74.

DIVISION V EMPLOYEE RECEIVING BENEFITS AND A SALARY

§ 1 . — Progressive retirement

75. A person 65 years of age or over may hold pensionable employment under this plan and receive benefits as a pensioner by way of

(1)  a pension and additional benefit under this plan, the Teachers Pension Plan, the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan and the plans established by the Government under sections 9, 10 and 10.0.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10);

(2)  a pension under section 80 of the said Act;

(3)  pension credit under the Government and Public Employees Retirement Plan and any other benefit payable under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1);

(4)  an annual pension under section 84 of the Act respecting the Government and Public Employees Retirement Plan.

However, the provisions of the first paragraph do not apply from 31 December of the year in which the person attains 69 years of age.

1987, c. 107, s. 75; 1991, c. 14, s. 5; 1991, c. 77, s. 24; 1996, c. 53, s. 11; 1997, c. 71, s. 14.

76. An employee holding pensionable employment under this plan who is receiving benefits is deemed to have retired and is not considered to be an employee for the purposes of this plan.

1987, c. 107, s. 76.

76.1. For the purposes of this subdivision, the limit provided in section 14.1 does not apply.

1991, c. 77, s. 25.

77. In no case may the benefits that a pensioner is entitled to receive be greater than the amount by which the annual salary exceeds the salary referred to in section 84.

1987, c. 107, s. 77; 1988, c. 82, s. 194.

78. To determine the benefits that a pensioner is entitled to receive, the benefits are adjusted in accordance with the relevant plan.

1987, c. 107, s. 78.

79. The annual salary is equal to the salary defined in section 9

(1)  received by the pensioner on the day or part of day preceding the day he retired, computed on a yearly basis; or

(2)  that he would otherwise have received on the day or part of day preceding the day he retired or that he would have received on that day, had he not, among other things, been on leave without pay or receiving salary insurance benefits, computed on a yearly basis.

The annual salary of a pensioner who was not a full-time employee is reduced to the same fraction as that credited to him in respect of service.

1987, c. 107, s. 79; 1988, c. 82, s. 195.

80. The salary of a pensioner who, when he was an employee, held simultaneously more than one pensionable employment under this plan is computed in the same manner as the pensionable salary in such a case.

1987, c. 107, s. 80; 1988, c. 82, s. 196.

81. To determine the annual salary for the years following the year in which the pensioner retired, the salary is adjusted annually and at the intervals prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), according to the rate of increase of the Pension Index determined by the said Act.

The first adjustment is made proportionately to the number of days for which the pensioner received benefits in the year he retired in relation to the total number of days in that year.

1987, c. 107, s. 81.

82. The amounts payable as benefits are paid, if applicable, in the following order:

(1)  the pension and the additional benefit granted under this plan;

(2)  the pension granted under the Government and Public Employees Retirement Plan;

(3)  the pension granted under the plans established pursuant to sections 9, 10 and 10.0.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10);

(4)  the pension granted under the Civil Service Superannuation Plan;

(5)  the pension granted under the Teachers Pension Plan;

(6)  benefits granted under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1);

(7)  benefits pertaining to any pension credit earned or credited pursuant to section 101 and, where applicable, section 158 of the Act respecting the Government and Public Employees Retirement Plan and any amount payable pursuant to section 80 of the said Act;

(8)  benefits pertaining to other pension credits granted under the said Act;

(9)  the annual pension under section 84 of the said Act.

Where any of the benefits listed in the first paragraph, except the pension granted under this plan and the increase provided for in section 20 of the Act respecting the Pension Plan of Certain Teachers, is payable in part only, the payable part is taken, first, out of that portion of the benefits that relates to years of service subsequent to 30 June 1982.

1987, c. 107, s. 82; 1991, c. 14, s. 6; 1996, c. 53, s. 12.

83. Every person who wishes to hold pensionable employment under this plan and receive benefits must make an application therefor.

He must accompany his application with a certificate of employment containing, in particular, the annual salary referred to in section 79 and any other information required by the Commission.

1987, c. 107, s. 83.

84. Within 30 days preceding the anniversary date of the day the pensioner began to receive benefits, the Commission must require the employer to file a report containing

(1)  the amount of the salary corresponding to the salary defined in section 9 which is paid to the pensioner in the 12 months preceding the anniversary date or which would have been paid to him had he not, among other things, been on leave without pay or receiving salary insurance benefits;

(2)  the amount of the salary corresponding to the salary defined in section 9 which the employer estimates he will pay to the pensioner during the 12 months following the anniversary date;

(3)  any other information required by the Commission.

1987, c. 107, s. 84; 1988, c. 82, s. 197.

85. If, as a result of a change or a departure, the salary estimated by the employer differs by 10% or more, the employer, not later than 30 days after changing the salary, must so inform the Commission.

1987, c. 107, s. 85.

86. If the amount of the benefits computed under section 77 becomes nil, sections 106 to 108 apply.

1987, c. 107, s. 86.

87. If the pensioner receives less benefit than that to which he is entitled, the Commission shall pay the due amount within two months of receiving a report under section 84.

If he receives more benefit than that to which he is entitled, the Commission may effect compensation for any overpayment made, in the manner determined by regulation under section 147 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

No interest may be charged on any sum thus paid or collected.

1987, c. 107, s. 87; 1990, c. 32, s. 3.

88. Every pensioner who holds pensionable employment under this plan shall receive benefits not later than 31 December of the year in which the pensioner attains 69 years of age.

1987, c. 107, s. 88; 1991, c. 77, s. 26; 1997, c. 71, s. 15.

§ 2 . — Retired person with right of recall or supernumerary

89. Within 30 days of its decision to list an employee as a retired employee with a right of recall or supernumerary in accordance with the collective agreement governing the bargaining unit referred to in section 1, the employer must so inform the Commission.

The Commission shall furnish to the employer, in respect of each such pensioner, an amount equal to 70 % of the average salary determined in accordance with the first paragraph of section 46 in computing his pension under this plan and the total amount of the benefits to which he is entitled under section 75.

1987, c. 107, s. 89; 1991, c. 77, s. 27.

90. A pensioner who is a retired employee with a right of recall or supernumerary contemplated in section 89 may receive his salary and his pension and any other benefit to which he is entitled under section 75.

Such a pensioner is not considered to be an employee for the purposes of this plan.

1987, c. 107, s. 90.

91. In no case may the benefits that the pensioner is entitled to receive exceed in a year the amount by which the amount equal to 70 % of the average salary determined in computing his pension under this plan exceeds the total remuneration he receives during that year.

For the year of retirement, however, the computation under the first paragraph is made proportionately to the number of days for which the pension is paid in relation to 260.

1987, c. 107, s. 91.

92. Before 1 February each year, the Commission shall furnish to the employer the total amount of the benefits that will be paid to the pensioner during that year.

1987, c. 107, s. 92.

93. Not later than 1 March each year, the employer must furnish to the Commission a report setting out

(1)  the amount of the total remuneration paid to each pensioner during the preceding year or that would have been paid to him had he not been receiving salary insurance benefits;

(2)  any other information required by the Commission.

1987, c. 107, s. 93.

94. If the total amount of the benefits computed under section 91 becomes nil, sections 106 to 108 apply.

1987, c. 107, s. 94.

95. The total amount of the benefits determined under section 91 is computed on a yearly basis for the year in which the pensioner dies or until 30 December of the year in which the pensioner attains 69 years of age.

1987, c. 107, s. 95; 1991, c. 77, s. 28; 1997, c. 71, s. 16.

96. If a pensioner receives in a year benefits that are greater than those to which he is entitled, the Commission must deduct the amount of the overpayment from the benefits it pays to the pensioner in the 12 months following the date it receives the report that must be filed with it by the employer in respect of that year under section 93. In such a case, section 82 applies.

No interest is exigible on any overpayment.

1987, c. 107, s. 96.

97. Every pensioner who holds pensionable employment under this plan shall receive his benefits at the latest from 31 December of the year in which the pensioner attains 69 years of age.

1987, c. 107, s. 97; 1991, c. 77, s. 29; 1997, c. 71, s. 17.

DIVISION VI MISCELLANEOUS PROVISIONS

98. For the purposes of entitlement to and computation of a pension, a maximum of 90 contributory days are added to the service credited to the employee after 31 December 1978 to enable him to make up any period of leave without pay while he held pensionable employment, unless a notice to the contrary is sent by the employee.

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

1987, c. 107, s. 98.

99. The years and parts of a year of service that were recognized solely for purposes of entitlement to a pension under the Teachers Pension Plan, the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan and the Pension Plan of Certain Teachers are added, for purposes of entitlement to any pension, to the years of service credited pursuant to section 15. 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 23 and the second paragraphs of sections 38 and 39 and to the years and parts of a year recognized solely for purposes of entitlement to a pension under a transfer agreement entered into pursuant to section 133, provided they have not otherwise been credited pursuant to section 40 or, as the case may be, pursuant to the relevant agreement.

1987, c. 107, s. 99.

100. At the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), every pension is adjusted for the year according to the percentage corresponding to the excess of the rate of increase of the Pension Index determined by the said Act over 3 %.

Deferred pensions are adjusted in the same manner but the adjustment applies only from 1 January following the date on which the pension becomes payable.

1987, c. 107, s. 100.

101. The first index adjustment of a 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 employee ceased to participate in this plan in relation to the total number of days in that year;

(2)  where applicable, to the number of days for which the pension was or would have been paid during the year of the death of the employee in relation to the total number of days in that year.

1987, c. 107, s. 101; 1997, c. 71, s. 18.

102. In no case may a pension granted after 10 years of credited service, except a child’s pension or a pension under section 62, be less than $3 836, adjusted annually and at the intervals prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9) for each year concerned until the year in which it became payable, according to the rate of increase of the Pension Index determined by the said Act and, for following years, adjusted in the manner prescribed in section 100, reduced in accordance with section 51 or, as the case may be, paragraph 1 of section 56 even if, in the latter case, the pension is payable under section 57.

A reduction required under the first paragraph applies even if no pension is paid under the Act respecting the Québec Pension Plan.

However, the first paragraph applies only with respect to that part of the pension established under paragraph 1 of section 45, 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.

1987, c. 107, s. 102; 1992, c. 67, s. 25.

103. The Commission, upon the application of a beneficiary other than a beneficiary referred to in section 75 or 90 may, at any time after the pension becomes payable, make cash payment of the actuarial value, established according to the actuarial assumptions and methods determined by regulation, of any pension, if the total amount is not more than $881 annually.

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

The amount of $881 is, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), adjusted annually according to the rate of increase of the Pension Index determined by the said Act.

1987, c. 107, s. 103; 1991, c. 14, s. 7.

104. A pension granted under subparagraph 5 of the first paragraph of section 44 shall cease to be paid on the first day of the month following the date on which the reason for which the pension was obtained ceases to apply.

However, every employee whose pension ceases to be paid pursuant to the first paragraph and who holds pensionable employment under this plan shall participate in this plan or, if he holds pensionable employment under the Government and Public Employees Retirement Plan, he shall participate in that plan or, as the case may be, in the Pension Plan of Certain Teachers.

1987, c. 107, s. 104; 1988, c. 82, s. 198.

105. (Repealed).

1987, c. 107, s. 105; 1988, c. 82, s. 199.

CHAPTER V RETURN TO WORK OF PENSIONER

DIVISION I PENSIONER HOLDING PENSIONABLE EMPLOYMENT UNDER THIS PLAN

106. The total amount of benefits referred to in subparagraphs 1 to 9 of the first paragraph of section 82 shall be paid to a pensioner who again holds pensionable employment under the plan, until he attains 65 years of age. If the pensioner continues to hold pensionable employment at the age of 65 or over or if he again holds pensionable employment after reaching that age, the payment of benefits ceases.

The first paragraph does not apply where the rules provided in subdivision 1 or 2 of Division V of Chapter IV apply.

1987, c. 107, s. 106; 1988, c. 82, s. 200.

107. The pensioner is not a member of this plan and is not considered to be an employee for the purposes of this plan.

1987, c. 107, s. 107.

108. (Repealed).

1987, c. 107, s. 108; 1988, c. 82, s. 201.

DIVISION II PENSIONER UNDER 65 HOLDING PENSIONABLE EMPLOYMENT UNDER THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

109. A pensioner under 65 years of age holding pensionable employment under the Government and Public Employees Retirement Plan shall continue to receive his pension and salary until that age.

1987, c. 107, s. 109; 1988, c. 82, s. 202.

110. The pensioner is a member of the Government and Public Employees Retirement Plan or, as the case may be, of the Pension Plan of Certain Teachers and becomes, notwithstanding the first paragraph of section 3 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, as the case may be, the second paragraph of section 2 of the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1), an employee for the purposes of the former plan or a person to whom the latter plan applies, except that he is not entitled to transfer years of service credited under this plan to either of those plans.

1987, c. 107, s. 110.

111. If the pensioner continues to hold his employment after the age of 65, sections 112 to 115 apply from that age.

1987, c. 107, s. 111; 1988, c. 82, s. 203.

DIVISION III PENSIONER 65 YEARS OF AGE OR OVER HOLDING PENSIONABLE EMPLOYMENT UNDER THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

112. If a pensioner 65 years of age or over holds pensionable employment under the Government and Public Employees Retirement Plan, the payment of his pension shall cease for a period corresponding to the service credited to him while he holds pensionable employment under the plan or, if he made the election provided for in section 118 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), for a period corresponding to the service that would otherwise have been credited to him while he held pensionable employment had he not made the election.

The first paragraph does not apply where the rules provided in Division IV of Chapter IV of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) apply.

1987, c. 107, s. 112; 1988, c. 82, s. 204.

113. Notwithstanding the first paragraph of section 3 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, as the case may be, notwithstanding the second paragraph of section 2 of the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1), the pensioner is an employee or a person to whom those plans apply, except where he elects not to participate; he is not, however, entitled to transfer years of service credited under this plan to either of those plans.

The election applies from the date on which the Commission receives notice in writing to that effect. However, an election made by an employee or person who has not been credited with or who has not transferred years and parts of a year of service under the plan from the first day on which he held his last pensionable employment applies from that day or from the date on which he reaches 65 years of age, if the first day referred to above precedes his 65th birthday.

1987, c. 107, s. 113; 1988, c. 82, s. 205.

114. (Repealed).

1987, c. 107, s. 114; 1988, c. 82, s. 206.

115. From the time the pensioner ceases to hold pensionable employment, he is entitled to receive payment of the pension benefits accrued to him under this plan.

1987, c. 107, s. 115.

DIVISION IV PENSIONER UNDER THE TEACHERS PENSION PLAN, THE CIVIL SERVICE SUPERANNUATION PLAN, THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN, THE PENSION PLAN OF CERTAIN TEACHERS OR A PENSION PLAN ESTABLISHED PURSUANT TO SECTION 9, 10 OR 10.0.1 OF THE ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN (CHAPTER R-10) HOLDING PENSIONABLE EMPLOYMENT UNDER THIS PLAN

1991, c. 14, s. 8.

§ 1 . — Pensioner under 65

116. The payment of benefits under subparagraphs 1 to 9 of the first paragraph of section 67 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) shall cease, in respect of every pensioner or person who has received the actuarial value of his pension and who, before the age of 65, holds pensionable employment under this plan, for a period corresponding to the service credited to him while he held such pensionable employment.

1987, c. 107, s. 116; 1988, c. 82, s. 207.

117. The pensioner is a member of this plan and, notwithstanding section 2, is an employee for the purposes of this plan, except that he is not entitled to avail himself of section 22.

1987, c. 107, s. 117.

118. If the employee ceases to hold pensionable employment before the age of 65, he is entitled to receive payment of the benefits accrued to him under the plan unless the rules provided in subdivision 2 of Division V of Chapter IV apply.

If the employee continues to hold pensionable employment after the age of 65, sections 119 to 122 apply from that age.

1987, c. 107, s. 118.

§ 2 . — Pensioner 65 years of age or over

119. The payment of benefits under subparagraphs 1 to 9 of the first paragraph of section 67 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) shall cease, in respect of any pensioner or person who has received the actuarial value of his pension and who, at the age of 65 or over, holds pensionable employment under this plan, for a period corresponding to the service credited to him while he holds pensionable employment under this plan or, if he made the election provided for in section 120, for a period corresponding to the service that would otherwise have been credited to him while he held pensionable employment had he not made the election.

The first paragraph does not apply where the rules provided in subdivision 1 of Division V of Chapter IV apply.

1987, c. 107, s. 119; 1988, c. 82, s. 208.

120. The pensioner becomes, notwithstanding section 2, an employee within the meaning of this plan except where he elects not to participate in this plan.

The election applies from the date on which the Commission receives notice in writing to that effect. However, an election made by an employee who has not been credited with or who has not transferred years or parts of a year of service under the plan from his first day of service in his last pensionable employment applies from that day or from the date on which he reaches 65 years of age, if the first day referred to above precedes his 65th birthday.

1987, c. 107, s. 120; 1988, c. 82, s. 209.

121. The pensioner who becomes, notwithstanding section 2, an employee within the meaning of this plan is not entitled to avail himself of section 22.

1987, c. 107, s. 121; 1988, c. 82, s. 210.

122. From the time the pensioner ceases to hold pensionable employment, he is entitled to receive payment of the benefits accrued in his respect under the plan unless the rules provided in subdivision 2 of Division V of Chapter IV apply.

1987, c. 107, s. 122.

DIVISION V MISCELLANEOUS PROVISIONS

123. Where the pensioner ceases to hold his employment and is entitled, under Divisions I to IV, to receive payment of the benefits accrued to him, any amount of such benefits the payment of which had ceased must be indexed or, as the case may be, adjusted in accordance with the plan concerned.

1987, c. 107, s. 123; 1988, c. 82, s. 211.

124. This chapter does not apply from 31 December of the year in which the pensioner attains 69 years of age. In such a case, he is entitled to receive payment of his benefits.

1987, c. 107, s. 124; 1991, c. 77, s. 30; 1997, c. 71, s. 19.

125. This chapter does not apply in respect of a pension granted to the spouse and Division IV of this chapter does not apply if the pensioner concerned is also receiving pension payments under this plan. In such a case, Division I of this chapter applies.

This chapter applies to a pensioner notwithstanding any provisions respecting a return to work contained in the pension plan under which his pension benefits are paid.

1987, c. 107, s. 125.

CHAPTER V.1 PARTITION AND ASSIGNMENT OF BENEFITS BETWEEN SPOUSES

1990, c. 5, s. 16.

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

The employee or former employee and his spouse are also entitled to obtain such a statement, upon application to the Commission and according to the terms prescribed by regulation, for the purposes of mediation conducted prior to proceedings in family matters.

1990, c. 5, s. 16; 1995, c. 70, s. 11.

125.2. 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 Chapters II and IV of 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. 16; 1995, c. 70, s. 12.

125.3. 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. 16.

125.4. 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. 16.

125.5. Following payment of the sums awarded to the spouse of the employee or former employee, every sum payable under this plan with respect to the membership of the employee or former employee, including the sum payable under section 102, 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. 16.

125.6. Where, following a separation from bed and board, the value of the benefits accrued by the employee or former employee under this plan has been included in whole or in part in the value of the benefits that may be partitioned, the partition of the family patrimony shall entail, for the spouse who obtained it, the extinction of any other benefit, advantage or reimbursement which he could claim in his quality as spouse, unless the spouses resume living together.

1990, c. 5, s. 16.

125.7. Chapter IX does not apply to decisions rendered by the Commission concerning the establishment and assessment of the benefits accrued under this plan. Any other decision rendered by the Commission pursuant to this chapter may be contested by the employee or former employee and his spouse in the manner provided for this plan.

1990, c. 5, s. 16.

CHAPTER VI ACTUARIAL VALUATION AND COST SHARING

126. At least once every three years, the Commission shall cause an actuarial valuation of the plan to be prepared for the Minister by the actuaries designated by it.

The actuarial value of the benefits resulting from the measures provided for in sections 32 and 33 must be included in the actuarial valuations of the Teachers Pension Plan prepared under section 174 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). However, the actuarial value of the benefits resulting from the measure provided for in the second paragraph of section 32 must be included in the actuarial valuations only if the measure is applicable in respect of a female employee who was a teacher within the meaning of the Act respecting the Teachers Pension Plan (chapter R-11) when she was granted a maternity leave under that paragraph.

1987, c. 107, s. 126; 1991, c. 14, s. 9.

127. The cost of the plan shall be shared in the proportion of 54 % for the employees and 46 % for the employer.

1987, c. 107, s. 127.

128. The Government may, by regulation, at intervals of not less than three years, revise the plan’s rate of contribution. The rate shall be adjusted from 1 January following the receipt of the actuarial valuation by the Minister. The same rule applies to the contribution rate applicable to an employee referred to in section 5.

1987, c. 107, s. 128.

129. Where a legislative bill is introduced before the National Assembly for the purpose of enacting amendments having immediate or long term impact on the plan, the Commission must prepare a report showing the extent to which the assumptions of the latest actuarial valuation are affected by the proposed amendments.

1987, c. 107, s. 129.

CHAPTER VII REGULATIONS

130. The Government may, by regulation,

(0.1)  determine, for the purposes of section 1.1, the classes or subclasses of employees of the Institut Pinel who are or who may elect to be members of this plan and the special provisions applicable to them;

(1)  determine the class or conditions of employment and the remuneration or mode of remuneration by reason of which an employee is excluded from the plan;

(2)  determine the bonuses, allowances, compensations or other additional remuneration which are included in the basic salary defined in section 9;

(3)  determine the actuarial assumptions and methods used to calculate the actuarial value of the benefits referred to in section 23, which may vary according to the pension plans and benefits concerned;

(4)  define, for the purposes of sections 44 and 63, what constitutes physical or mental disability;

(5)  determine, for the purposes of section 46, the days and parts of a day not included in a contributory period;

(6)  (paragraph repealed);

(7)  designate, for the purposes of section 59, the other educational institutions;

(7.1)  determine, for the purposes of section 66.1, the categories or subcategories to which persons must belong in order to be entitled to an additional benefit, and the rules, terms and conditions governing the establishment and payment of the benefit, which may vary according to the category or subcategory;

(8)  determine the actuarial assumptions and methods to be used to establish the actuarial value of the pension referred to in section 103;

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

(8.2)  determine, for the purposes of section 125.1, the information which must be contained in the statement setting out the value of the benefits accrued by the employee or former employee;

(8.3)  fix, for the purposes of section 125.2, 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 Chapters II and IV of Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10); determine, for the purposes of the said section, the actuarial rules, assumptions and methods which apply to the assessment of accrued benefits and which may vary according to the nature of the benefits;

(8.4)  determine, for the purposes of section 125.3, the rules and the terms and conditions of payment of the sums awarded to the spouse and, where applicable, the interest payable thereon;

(8.5)  prescribe, for the purposes of section 125.5, 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;

(9)  establish, in accordance with section 128, the new contribution rates;

(10)  establish, for the purposes of section 132.2, the limit applicable to the pensionable salary, the limit applicable to the service credited, and the rules and procedures for computing the pension;

(11)  establish, for the purposes of section 132.3, the periods of absence that may be credited for each type of absence and in total;

(12)  set up review committees for the purposes of section 141.

1987, c. 107, s. 130; 1988, c. 82, s. 212; 1990, c. 5, s. 17; 1991, c. 14, s. 10; 1991, c. 77, s. 31; 1992, c. 16, s. 4; 1992, c. 67, s. 26; 1996, c. 53, s. 13.

CHAPTER VIII ADMINISTRATION AND TRANSFER OF FUNDS

DIVISION I ADMINISTRATION

131. The Commission administrative des régimes de retraite et d’assurances is responsible for the administration of the Pension Plan of Peace Officers in Correctional Services.

1987, c. 107, s. 131; 1990, c. 87, s. 104.

132. No person may claim entitlement to any benefit, ancillary benefit or refund under the plan unless he applies therefor to the Commission.

Even if no application for payment is made, payment of benefits payable under this plan shall begin not later than 31 December of the year in which the employee attains 69 years of age or, if the employee still holds pensionable employment under the plan on that date, from the date on which the employee retires.

1987, c. 107, s. 132; 1997, c. 71, s. 20.

132.1. Where an application for the redemption of years or parts of a year is made to the Commission under this plan, the Commission shall send the employee 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 employee 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 employee or by operation of law. Where payment is exigible by instalments and the employee 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 employee does not make the overdue payment 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 20, 27, 29, 30 and 38, the application for redemption is deemed never to have been made in respect of all the service, and the amounts paid by the employee shall be refunded with the interest contemplated in and computed pursuant to section 72.

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

1990, c. 87, s. 28; 1991, c. 77, s. 32; 1992, c. 67, s. 27; 1993, c. 41, s. 9; 1993, c. 74, s. 7; 1994, c. 20, s. 6.

132.1.1. Notwithstanding section 132.1, an employee who makes an application for review to the Commission 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 review committee or arbitrator, as the case may be, has been mailed, the Commission administrative des régimes de retraite et d’assurances shall send a notice to the employee which, as of the date of the redemption proposal, repeats or modifies that proposal, and section 132.1 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. 8; 1997, c. 43, s. 621.

132.2. 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. 28.

132.3. The periods of absence of an employee 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. 28.

133. The Commission may, with the authorization of the Government, enter into a transfer agreement with a body having a pension plan or any other body maintaining or administering a pension plan to obtain the transfer, in respect of an employee who is a member of this plan, of all or part of years of service credited to the employee under the pension plan of which he formerly was a member. If such a transfer agreement stipulates that years and parts of a year of service standing to the credit of an employee under the other pension plan are recognized solely for purposes of entitlement to a pension under this plan, any employee who pays an amount determined pursuant to the agreement to be credited under this plan with all or part of such years and parts of a year of service shall do so as provided in the second paragraph of section 40.

The Commission may, according to law, enter into such an agreement with a government in Canada or any of its departments or agencies.

Such agreements may provide the terms and conditions of a transfer and provide for the case of an employee who enters the service of a government in Canada or of one of its departments or of any other agency.

1987, c. 107, s. 133; 1992, c. 67, s. 29.

134. All sums of money collected pursuant to this plan shall be paid into the consolidated revenue fund.

All sums required for the carrying out of this Act shall be taken out of the consolidated revenue fund except such sums as may be required for its administration, which are paid in accordance with section 158.5 or, where applicable, with section 158.6 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1987, c. 107, s. 134; 1996, c. 53, s. 14.

DIVISION II TRANSFER OF FUNDS

135. All sums paid into the Caisse de dépôt et placement du Québec pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) in respect of an employee who, on 31 December 1987, was a peace officer included in the bargaining unit referred to in section 1 and who has become a member of this plan on 1 January 1988 and in respect of an employee who, on 31 December 1991, was an intermediate officer holding employment in a house of detention or a person belonging to a class or subclass of employees determined under subparagraph 2 of the first paragraph of section 1.1 and who, on 1 January 1992, became a member of this plan shall be transferred to the consolidated revenue fund, except the employer’s contributions paid under section 31 of the said Act.

All transferred sums shall bear interest from 1 July of the year in which they were paid except sums transferred pursuant to section 102 of the Act respecting the Government and Public Employees Retirement Plan which shall bear interest from the date of the transfer. Interest is computed at the rates determined, for each period, under the said Act, and is compounded annually.

1987, c. 107, s. 135; 1991, c. 77, s. 33; 1992, c. 16, s. 3.

136. The Commission shall, with respect to every employee other than an employee referred to in section 135, transfer to the consolidated revenue fund the actuarial value of the benefits accrued to the employee, if any, under the Government and Public Employees Retirement Plan in respect of the years and parts of a year of service for which contributions or, as the case may be, sums paid by the employee have been deposited into the Caisse de dépôt et placement du Québec without, however, exceeding the actuarial value of the equivalent benefits to which he is entitled under this plan. The actuarial values are those established pursuant to section 23 in respect of those years and parts of a year of service.

All sums transferred pursuant to the first paragraph 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) from the date on which the employee began to pay contributions to this plan to the date on which the sums are transferred to the consolidated revenue fund. The sums are taken out of the relevant funds of the Caisse de dépôt et placement du Québec according to the procedure for the payment of benefits contained in Division II of Chapter IX of Title I of the Act respecting the Government and Public Employees Retirement Plan.

1987, c. 107, s. 136.

137. The Commission shall, with respect to the years and parts of a year of service that were credited to an employee under the pension plans established pursuant to sections 9 and 10 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), transfer to the consolidated revenue fund the actuarial value of the benefits accrued under the relevant plan without, however, exceeding the actuarial value of the equivalent benefits to which he is entitled under this plan. The actuarial values are those established pursuant to section 23.

All sums transferred pursuant to the first paragraph shall bear interest, compounded annually, at the rates determined, for each period, under the Act respecting the Government and Public Employees Retirement Plan from the date on which the employee began to pay contributions to this plan until the date on which the sums are transferred to the consolidated revenue fund. The sums shall be taken out of the relevant funds of the Caisse de dépôt et placement du Québec.

1987, c. 107, s. 137.

138. The Commission shall, with respect to the years and parts of a year of service that were credited to an employee under this plan and transferred pursuant to section 115.7 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), deposit into the Caisse de dépôt et placement du Québec the actuarial value of the benefits accrued under this plan without, however, exceeding the actuarial value of the equivalent benefits to which he is entitled under the Government and Public Employees Retirement Plan. The actuarial values are those established pursuant to section 115.7.

All sums transferred pursuant to the first paragraph shall bear interest, compounded annually, at the rates determined, for each period, under the Act respecting the Government and Public Employees Retirement Plan, from the date the employee began to pay contributions to the said pension plan until the date on which the said sums are deposited into the Caisse de dépôt et placement du Québec. The sums shall be paid to the said Caisse, into the funds and in the proportion determined pursuant to the second paragraph of section 130 of the Act respecting the Government and Public Employees Retirement Plan. The second paragraph of section 139 applies, adapted as required.

1987, c. 107, s. 138.

139. An employee who, on 31 December 1987, was a peace officer included in the bargaining unit referred to in section 1 who became a member of this plan on 1 January 1988 and who was redeeming years and parts of a year of service on 31 December 1987 or an employee who, on 31 December 1991, was an intermediate officer holding employment in a house of detention or a person belonging to a class or subclass of employees determined under subparagraph 2 of the first paragraph of section 1.1, who became a member of this plan on 1 January 1992 and who was redeeming years and parts of a year of service on 31 December 1991 may continue to pay the redemption costs according to the terms and conditions prevailing under his former pension plan. The service concerned shall be credited under this plan to the extent determined pursuant to section 22 or, as the case may be, section 23, but in proportion to the sums that will effectively be paid by the employee, excluding interest, on the total redemption costs. The sums paid by the employee after the date of the transfer of the sums to the consolidated revenue fund pursuant to section 135 shall, however, be deposited into that fund.

Any employee other than an employee mentioned in the first paragraph who is redeeming years and parts of a year of service under a pension plan referred to in section 22 at the time he begins to pay contributions to this plan must pay in full the balance of the redemption costs within 30 days a notice to that effect is mailed by the Commission. The service in respect of which redemption costs are paid after the employee begins to pay contributions to this plan must be taken into consideration in calculating the actuarial value of the benefits and shall be credited to the extent determined pursuant to section 23.

1987, c. 107, s. 139; 1991, c. 77, s. 34; 1992, c. 16, s. 3.

CHAPTER IX REVIEW AND ARBITRATION

1994, c. 20, s. 7.

140. Every employee and every beneficiary may apply to the Commission for a review of any decision rendered by it concerning

(1)  his eligibility to be a member of the plan;

(2)  the number of his years of service and contributory periods;

(3)  the pensionable salary and the amount of his contributions;

(4)  the amount of his pension;

(5)  any benefit, ancillary benefit or refund under this plan.

The application must be made within one year of the mailing of the decision.

1987, c. 107, s. 140; 1997, c. 43, s. 622.

141. The Government shall, by regulation, set up review committees within the Commission to decide the applications for review filed under section 140, for the classes of employees or beneficiaries it determines.

Each committee shall be composed of four members appointed by the Government, which shall include two members from the unions or associations representing the employees, appointed on the recommendation of the unions or associations concerned. The Government may, in the same manner, appoint a substitute for each member to replace that member whenever he is absent or unable to act.

The quorum of a committee is four members and every decision of a committee requires the vote of a majority of its members.

1987, c. 107, s. 141; 1990, c. 87, s. 104; 1993, c. 74, s. 9; 1994, c. 20, s. 8; 1995, c. 70, s. 13; 1997, c. 43, s. 623.

142. The review committee must, after giving the person who applied for review the opportunity to present observations, dispose of the application without delay and notify its decision to the person.

The decision must include the reasons on which it is based.

However, if no decision is made because opinions are equally divided, the decision of the Commission is deemed maintained and the application for review is referred for decision to the arbitrator.

The review committee shall notify the persons concerned without delay, and the provisions applicable to an application for arbitration apply with the necessary changes. The committee shall send the employee’s or beneficiary’s application for review to the arbitrator within the time prescribed in such provisions.

1987, c. 107, s. 142; 1994, c. 20, s. 9; 1997, c. 43, s. 624.

143. The employee or the beneficiary may apply for arbitration within 90 days of the date the decision of the review committee is mailed. The arbitrator shall be an arbitrator appointed under section 183 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and sections 182 and 184 to 186 of the said Act apply.

1987, c. 107, s. 143; 1994, c. 20, s. 10.

CHAPTER X MISCELLANEOUS AND TRANSITIONAL PROVISIONS

144. All sums paid or refunded under this plan are inalienable and unseizable.

1987, c. 107, s. 144.

145. Notwithstanding section 127, the employer contributions to this plan shall, for the period extending from 1 January 1988 to 31 December 1989, be increased by an amount equal to 0.5% of the pensionable salary paid to employees in the course of that period.

1987, c. 107, s. 145.

146. The first revision of the rate of contribution under this plan may be made, in accordance with section 128, to 1 January 1990. The revision must be based on the actuarial valuation made to 1 January 1988.

1987, c. 107, s. 146.

147. The first index adjustment of the amounts provided for in sections 102 and 103 shall be made to 1 January 1989.

1987, c. 107, s. 147.

147.1. Sections 67, 68 and the first paragraph of section 69, as they read before 1 January 1989, continue to apply to an employee who ceases to be an employee within the meaning of the plan before that date.

1988, c. 82, s. 213.

147.2. Sections 104 and 105, as they read before 1 January 1989, continue to apply to every pension paid by reason of physical or mental disability if the reason for which the pension was obtained ceases to apply before that date.

1988, c. 82, s. 213.

147.3. Sections 106, 108, 109 and the first paragraph of section 111, as they read before 1 January 1989, continue to apply to a pensioner who holds pensionable employment under the plan or under the Government and Public Employees Retirement Plan before that date, for as long as he holds such employment.

1988, c. 82, s. 213.

147.4. Sections 42, 112 to 114, 116, 119 to 121, as they read before 1 January 1989, continue to apply to a pensioner who, before that date, participated in the plan or the Government and Public Employees Retirement Plan or notified the Commission in writing of his intention not to participate therein, until he has not ceased to hold his employment or, in the case of section 116, until he attains 65 years of age, whichever occurs first.

The provisions of section 112 or 119 which concern the interruption of the payment of benefits, as they read before 1 January 1989, continue to apply to a pensioner within the meaning of either plan 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. 213.

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

1987, c. 107, s. 148.

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

ACT RESPECTING THE COMMISSION DES AFFAIRES SOCIALES

149. (Amendment integrated into c. C-34, s. 21).

1987, c. 107, s. 149.

ACT RESPECTING THE PENSION PLAN OF CERTAIN TEACHERS

150. (Amendment integrated into c. R-9.1, s. 2).

1987, c. 107, s. 150.

151. (Amendment integrated into c. R-9.1, s. 3).

1987, c. 107, s. 151.

152. (Amendment integrated into c. R-9.1, s. 6).

1987, c. 107, s. 152.

153. (Amendment integrated into c. R-9.1, s. 7).

1987, c. 107, s. 153.

154. (Amendment integrated into c. R-9.1, s. 9).

1987, c. 107, s. 154.

155. (Amendment integrated into c. R-9.1, s. 13).

1987, c. 107, s. 155.

156. (Amendment integrated into c. R-9.1, s. 18).

1987, c. 107, s. 156.

157. (Amendment integrated into c. R-9.1, s. 20).

1987, c. 107, s. 157.

158. (Amendment integrated into c. R-9.1, s. 34).

1987, c. 107, s. 158.

159. (Amendment integrated into c. R-9.1, s. 37).

1987, c. 107, s. 159.

160. (Amendment integrated into c. R-9.1, s. 51).

1987, c. 107, s. 160.

161. (Amendment integrated into c. R-9.1, s. 53).

1987, c. 107, s. 161.

162. (Amendment integrated into c. R-9.1, s. 54).

1987, c. 107, s. 162.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

163. (Amendment integrated into c. R-10, s. 3).

1987, c. 107, s. 163.

164. (Amendment integrated into c. R-10, s. 4).

1987, c. 107, s. 164.

165. (Amendment integrated into c. R-10, s. 16).

1987, c. 107, s. 165.

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

1987, c. 107, s. 166.

167. (Amendment integrated into c. R-10, s. 29).

1987, c. 107, s. 167.

168. (Amendment integrated into c. R-10, s. 36.2).

1987, c. 107, s. 168.

169. (Amendment integrated into c. R-10, s. 46).

1987, c. 107, s. 169.

170. (Amendment integrated into c. R-10, ss. 47, 48).

1987, c. 107, s. 170.

171. (Amendment integrated into c. R-10, s. 49).

1987, c. 107, s. 171.

172. (Amendment integrated into c. R-10, s. 50).

1987, c. 107, s. 172.

173. (Amendment integrated into c. R-10, s. 51).

1987, c. 107, s. 173.

174. (Amendment integrated into c. R-10, s. 55).

1987, c. 107, s. 174.

175. (Amendment integrated into c. R-10, s. 57).

1987, c. 107, s. 175.

176. (Amendment integrated into c. R-10, s. 58).

1987, c. 107, s. 176.

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

1987, c. 107, s. 177.

178. (Amendment integrated into c. R-10, ss. 62-67).

1987, c. 107, s. 178.

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

1987, c. 107, s. 179.

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

1987, c. 107, s. 180.

181. (Amendment integrated into c. R-10, s. 73).

1987, c. 107, s. 181.

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

1987, c. 107, s. 182.

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

1987, c. 107, s. 183.

184. (Amendment integrated into c. R-10, s. 85.3).

1987, c. 107, s. 184.

185. (Amendment integrated into c. R-10, s. 85.5).

1987, c. 107, s. 185.

186. (Amendment integrated into c. R-10, s. 85.12).

1987, c. 107, s. 186.

187. (Amendment integrated into c. R-10, s. 85.16).

1987, c. 107, s. 187.

188. (Amendment integrated into c. R-10, s. 99).

1987, c. 107, s. 188.

189. (Amendment integrated into c. R-10, s. 115.2).

1987, c. 107, s. 189.

190. (Amendment integrated into c. R-10, ss. 115.7-115.9).

1987, c. 107, s. 190.

191. (Amendment integrated into c. R-10, s. 116).

1987, c. 107, s. 191.

192. (Amendment integrated into c. R-10, s. 118).

1987, c. 107, s. 192.

193. (Amendment integrated into c. R-10, s. 119).

1987, c. 107, s. 193.

194. (Amendment integrated into c. R-10, s. 120).

1987, c. 107, s. 194.

195. (Amendment integrated into c. R-10, s. 127).

1987, c. 107, s. 195.

196. (Amendment integrated into c. R-10, s. 130).

1987, c. 107, s. 196.

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

1987, c. 107, s. 197.

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

1987, c. 107, s. 198.

199. (Amendment integrated into c. R-10, s. 151).

1987, c. 107, s. 199.

200. (Amendment integrated into c. R-10, s. 158).

1987, c. 107, s. 200.

201. (Amendment integrated into c. R-10, s. 192).

1987, c. 107, s. 201.

202. (Amendment integrated into c. R-10, s. 201).

1987, c. 107, s. 202.

203. (Amendment integrated into c. R-10, s. 202).

1987, c. 107, s. 203.

204. (Amendment integrated into c. R-10, s. 203).

1987, c. 107, s. 204.

205. (Amendment integrated into c. R-10, s. 207).

1987, c. 107, s. 205.

206. (Amendment integrated into c. R-10, s. 208).

1987, c. 107, s. 206.

207. (Amendment integrated into c. R-10, s. 218).

1987, c. 107, s. 207.

208. (Amendment integrated into c. R-10, s. 219).

1987, c. 107, s. 208.

209. (Amendment integrated into c. R-10, s. 221).

1987, c. 107, s. 209.

ACT RESPECTING THE TEACHERS PENSION PLAN

210. (Amendment integrated into c. R-11, s. 3).

1987, c. 107, s. 210.

211. (Amendment integrated into c. R-11, s. 5).

1987, c. 107, s. 211.

212. (Amendment integrated into c. R-11, s. 13).

1987, c. 107, s. 212.

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

1987, c. 107, s. 213.

214. (Amendment integrated into c. R-11, s. 27).

1987, c. 107, s. 214.

215. (Amendment integrated into c. R-11, ss. 27.1-27.3).

1987, c. 107, s. 215.

216. (Amendment integrated into c. R-11, s. 28.3).

1987, c. 107, s. 216.

217. (Amendment integrated into c. R-11, s. 28.6).

1987, c. 107, s. 217.

218. (Amendment integrated into c. R-11, s. 35.2).

1987, c. 107, s. 218.

219. (Amendment integrated into c. R-11, s. 50).

1987, c. 107, s. 219.

220. (Amendment integrated into c. R-11, s. 52).

1987, c. 107, s. 220.

221. (Amendment integrated into c. R-11, s. 56).

1987, c. 107, s. 221.

222. (Amendment integrated into c. R-11, s. 58).

1987, c. 107, s. 222.

223. (Amendment integrated into c. R-11, s. 59).

1987, c. 107, s. 223.

224. (Amendment integrated into c. R-11, s. 60).

1987, c. 107, s. 224.

225. (Amendment integrated into c. R-11, s. 62).

1987, c. 107, s. 225.

226. (Amendment integrated into c. R-11, s. 62.1).

1987, c. 107, s. 226.

227. (Amendment integrated into c. R-11, s. 65).

1987, c. 107, s. 227.

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

1987, c. 107, s. 228.

229. (Amendment integrated into c. R-11, s. 70).

1987, c. 107, s. 229.

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

1987, c. 107, s. 230.

231. (Amendment integrated into c. R-11, s. 76).

1987, c. 107, s. 231.

232. (Amendment integrated into c. R-11, s. 77).

1987, c. 107, s. 232.

ACT RESPECTING THE CIVIL SERVICE SUPERANNUATION PLAN

233. (Amendment integrated into c. R-12, s. 10).

1987, c. 107, s. 233.

234. (Amendment integrated into c. R-12, s. 20).

1987, c. 107, s. 234.

235. (Amendment integrated into c. R-12, s. 27).

1987, c. 107, s. 235.

236. (Amendment integrated into c. R-12, s. 30).

1987, c. 107, s. 236.

237. (Amendment integrated into c. R-12, s. 43.1).

1987, c. 107, s. 237.

238. (Amendment integrated into c. R-12, s. 52).

1987, c. 107, s. 238.

239. (Amendment integrated into c. R-12, s. 53).

1987, c. 107, s. 239.

240. (Amendment integrated into c. R-12, s. 54).

1987, c. 107, s. 240.

241. (Amendment integrated into c. R-12, s. 63.1.2).

1987, c. 107, s. 241.

242. (Amendment integrated into c. R-12, s. 65).

1987, c. 107, s. 242.

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

1987, c. 107, s. 243.

244. (Amendment integrated into c. R-12, s. 67.1).

1987, c. 107, s. 244.

245. (Amendment integrated into c. R-12, s. 67.2).

1987, c. 107, s. 245.

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

1987, c. 107, s. 246.

247. (Amendment integrated into c. R-12, s. 81).

1987, c. 107, s. 247.

248. (Amendment integrated into c. R-12, s. 82).

1987, c. 107, s. 248.

249. (Amendment integrated into c. R-12, ss. 82.1, 82.2).

1987, c. 107, s. 249.

250. (Amendment integrated into c. R-12, s. 83).

1987, c. 107, s. 250.

251. (Amendment integrated into c. R-12, s. 85).

1987, c. 107, s. 251.

252. (Omitted).

1987, c. 107, s. 252.

253. (Amendment integrated into c. R-12, s. 89).

1987, c. 107, s. 253.

254. (Amendment integrated into c. R-12, s. 89.4).

1987, c. 107, s. 254.

255. (Amendment integrated into c. R-12, ss. 92-93.1).

1987, c. 107, s. 255.

256. (Amendment integrated into c. R-12, s. 99.5 — French).

1987, c. 107, s. 256.

257. (Amendment integrated into c. R-12, s. 99.7).

1987, c. 107, s. 257.

258. (Amendment integrated into c. R-12, s. 99.16).

1987, c. 107, s. 258.

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

1987, c. 107, s. 259.

260. (Amendment integrated into c. R-12, s. 112).

1987, c. 107, s. 260.

261. (Amendment integrated into c. R-12, s. 113).

1987, c. 107, s. 261.

262. Regulations made before 1 January 1989 pursuant to this Act may, if they so provide, take effect from 1 January 1988 or any date thereafter.

Notwithstanding section 182 of the Act to amend various legislation respecting the pension plans of the public and parapublic sectors (1987, chapter 47), regulations made before 1 January 1989 pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Act respecting the Teachers Pension Plan (chapter R-11) and the Act respecting the Civil Service Superannuation Plan (chapter R-12) may, if they so provide, take effect from 1 January 1987 or any date thereafter.

1987, c. 107, s. 262.

263. Section 154, sections 161 and 162, sections 166, 173 and 178, to the extent that sections 24, 51 and 67 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) which they amend or, as the case may be, replace respectively, refer to the Pension Plan of Certain Teachers, sections 202, 203 and 205, to the extent that sections 201, 202 and 207 of the Act respecting the Government and Public Employees Retirement Plan which they replace or, as the case may be, amend, respectively, refer to the Pension Plan of Certain Teachers, section 206, sections 213 and 219, to the extent that sections 21 and 50 of the Act respecting the Teachers Pension Plan (chapter R-11) which they amend, respectively, refer to the Pension Plan of Certain Teachers and sections 235, 243, 250 and 253, to the extent that sections 27, 66.1, 83 and 89 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) which they amend, respectively, refer to the Pension Plan of Certain Teachers, have effect from 26 June 1986.

1987, c. 107, s. 263.

264. Section 150, except to the extent that section 2 of the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) which it amends refers to this Act and to the Pension Plan that it establishes, sections 151 to 153, section 155, section 157, to the extent that it amends the reference to section 2 provided for in section 20 of the Act respecting the Pension Plan of Certain Teachers, section 158, sections 159 and 160, to the extent that sections 37 and 51 of the Act respecting the Pension Plan of Certain Teachers which they amend, respectively, refer to the second paragraph of section 2 of the said Act, section 163, except to the extent that section 3 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) which it amends refers to the Pension Plan of Peace Officers in Correctional Services, paragraph 1 of section 164, section 189, paragraphs 1 and 2 of section 197, section 210 to the extent that it replaces paragraph 2 of section 3 of the Act respecting the Teachers Pension Plan (chapter R-11), paragraph 1 of section 230, section 239 to the extent that it enacts paragraph 1 of section 53 of the Act respecting the Civil Service Superannuation Plan (chapter R-12), section 240 and paragraphs 1 and 2 of section 259 have effect from 1 January 1987.

1987, c. 107, s. 264; 1990, c. 87, s. 104.

265. Sections 184, 216, 256 and 257 have effect from 23 June 1987.

1987, c. 107, s. 265.

266. (Omitted).

1987, c. 107, s. 266.

SCHEDULE I

Table of instalments
(Section 24)

   The maximum number of years over which payments pursuant to
section 24 may be spread is the number appearing opposite the
figure corresponding to the employee’s age at his last birthday. 
The number of years shall, in no case, however, exceed five
times the number of years of service for which a sum of money
is payable.

     Age            Period              Age             Period

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

1987, c. 107, Schedule I.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 107 of the statutes of 1987, in force on 1 March 1988, is repealed, except section 266, effective from the coming into force of chapter R-9.2 of the Revised Statutes.

Sections 44, 63 and 130 of this Act will be amended upon the coming into force of sections 2, 9 and of paragraph 1 of section 13 of chapter 53 of the statutes of 1996 on the date or dates fixed by order of the Government.