C-52.1, r. 1 - Regulation respecting the partition and assignment of benefits accrued under the pension plan of the Members of the National Assembly

Section 3 Disposition versions

2012-09-01

3. The benefits accrued under the Pension Plan of the Members of the National Assembly are established in accordance with the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1), having regard to the following provisions:

(1)  if the Member is under 60 years of age, the accrued benefits correspond to a retirement pension payment of which is deferred to the later of the following dates:

(a)  the first of the month following the date of the first election subsequent to the date of assessment or, if the election date is not known on the date of assessment, the first of the month following the latest possible date of dissolution of the National Assembly as determined under section 6 of the Act respecting the National Assembly (chapter A-23.1);

(b)  the Member’s 60th birthday;

(2)  if the Member is 60 years of age or over, the accrued benefits correspond to a retirement pension payment of which is deferred to the date determined under subparagraph a of subparagraph 1.

The benefits accrued during the marriage or civil union are established in accordance with the first paragraph on the basis of the years or parts of a year of service counted during that period, on the assumption that the Member or former Member acquired for that period benefits of the same nature as those accrued to him or her between the date he or she began participating in the Pension Plan of the Members of the National Assembly and the date of assessment.

For the purpose of establishing and assessing accrued benefits, the benefits correspond to the benefits acquired under the Pension Plan of the Members of the National Assembly at the date of assessment on the basis of the years or parts of a year of service counted at that date. For that purpose, the Member is deemed to have ceased to participate in the plan at the date of assessment.

Despite the first paragraph, if the date of assessment is prior to 9 June 2006 but subsequent to 31 December 1991, or if the Member ceased to be a Member during that period and did not again become a Member, the benefits accrued under the Pension Plan of the Members of the National Assembly are established in accordance with the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly, having regard to the following provisions:

(1)  if the Member is under 60 years of age, the accrued benefits correspond to a retirement pension payment of which is deferred to the later of the following dates:

(a)  the first of the month that occurs 12 months after the day after the date of the first election subsequent to the date of assessment or, if the election date is not known on the date of assessment, the first of the month that occurs 12 months after the day after the latest possible date of dissolution of the National Assembly as determined under section 6 of the Act respecting the National Assembly;

(b)  the Member’s 60th birthday;

(2)  if the Member is 60 years of age or over, the accrued benefits correspond to a retirement pension payment of which is deferred to the date determined under subparagraph a of subparagraph 1.

Despite the first paragraph, if the date of assessment is prior to 1 January 1992, or if the Member ceased to be a Member before that date and did not again become a Member, the benefits accrued under the Pension Plan of the Members of the National Assembly are established in accordance with the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly, having regard to the following provisions:

(1)  if the Member is under 60 years of age, the accrued benefits correspond to the more valuable of the following benefits:

(a)  a refund of the Member’s contributions;

(b)  a retirement pension payment of which is deferred to the date that would be determined under subparagraph 1 of the fourth paragraph;

(2)  if the Member is 60 years of age or over, the accrued benefits correspond to a retirement pension payment of which is deferred to the date determined under subparagraph a of subparagraph 1 of the fourth paragraph;

(3)  if the former Member has not applied for a refund of his or her contributions or for a retirement pension, the accrued benefits are the more valuable of those benefits.

For the purposes of subparagraph 3 of the fifth paragraph, the value of the accrued benefits is equal to the sum of

(1)  the value of the retirement pension computed for years of service carried out between 1 January 1983 and 31 December 1987 and payable at the later of the following dates:

(a)  the first of the month following the end date of a transition allowance payable over a period of 12 months;

(b)  the date at which the age and years of service of the former Member total 65 or more, if the Member is 60 years of age or more; and

(2)  the value of the retirement pension computed for years of service carried out after 31 December 1987 and payable at the later of the following dates:

(a)  the date determined under subparagraph a of paragraph 1;

(b)  the date on which the age and years of service of the former Member total 65 or more, if the Member is 60 years of age or more.

Decision 1611-1, s. 3.