R-10, r. 10 - Pension plan for federal employees transferred to employment with the Gouvernement du Québec

Section 67 Disposition versions

2016-01-01

67. The following provisions apply in respect of a contributor with at least 5 years of pensionable service to his credit:

(1)  where he ceases to hold employment with his employer after reaching age 60, he is entitled to an immediate pension;

(2)  where he ceases to hold employment with his employer for disability reasons before reaching age 60, he is entitled to receive his choice of:

(a)  either an immediate pension;

(b)  or a cash termination allowance or a refund of contributions, whichever is greater,

except that, where he has reached age 45 and has at least 10 years of pensionable service to his credit, he shall not be entitled to an amount described in subparagraph b in respect of any period of pensionable service subsequent to 30 September 1967,

(3)  where he ceases to hold employment with his employer for any reason other than disability before reaching age 60, he is entitled to receive:

(a)  where, upon ceasing to thus hold employment, he has reached age 55 and has at least 30 years of pensionable service to his credit, an immediate pension;

(b)  in any other case, at his option:

i.  a deferred pension;

ii.  where, upon ceasing to thus hold employment, he has reached age 50 and has at least 25 years of pensionable service to his credit, an annual allowance payable immediately at the time of his election and equal to the amount of the deferred pension referred to in subparagraph i, less the greater of the 2 products obtained by multiplying 5% of the amount of that pension:

— either by 55 less his age, rounded to the nearest tenth of a year, at the time of his election;

— or by 30 less the number of years, rounded to the nearest tenth of a year, of pensionable service to his credit;

iii.  where, upon ceasing to thus hold employment, he has reached age 55, has been employed full-time in the public service for a total of at least 10 years spread over one or more periods and does not voluntarily leave his employment with his employer, an annual allowance payable immediately upon cessation of his employment and equal to the amount of the deferred pension referred to in subparagraph i, less the product obtained by multiplying 5% of the amount of that pension by 30 less the number of years, rounded to the nearest tenth of a year, of pensionable service to his credit.

Notwithstanding the foregoing, Retraite Québec may, in a case of this type, waive the right to effect all or part of the reduction provided for in this provision;

iv.  an annual allowance payable:

— immediately, at the time of his election, in the case of a contributor aged 50 or over;

— as soon as he reaches age 50, in the case of a contributor who makes an election while under age 50;

that allowance shall equal the amount of the deferred pension referred to in subparagraph i, less the product obtained by multiplying 5% of the amount of that pension by 60 less his age, rounded to the nearest tenth of a year, at the time when the allowance becomes payable;

v.  a refund of contributions, subject to the fact that, where he has reached age 45 and has at least 10 years of pensionable service to his credit, he is not entitled to a refund of contributions for any period of pensionable service subsequent to 30 September 1967;

vi.  where he becomes disabled before reaching age 60 but after having acquired entitlement:

— to a deferred pension, he ceases to be entitled to that deferred pension and acquires the right to an immediate pension;

— to an annual allowance, he ceases to be entitled to that annual allowance and acquires entitlement to an immediate pension, which shall be rectified so as to take into account the amount of the annual allowance that he was receiving.

O.C. 430-93, s. 67.

2012-09-01

67. The following provisions apply in respect of a contributor with at least 5 years of pensionable service to his credit:

(1)  where he ceases to hold employment with his employer after reaching age 60, he is entitled to an immediate pension;

(2)  where he ceases to hold employment with his employer for disability reasons before reaching age 60, he is entitled to receive his choice of:

(a)  either an immediate pension;

(b)  or a cash termination allowance or a refund of contributions, whichever is greater,

except that, where he has reached age 45 and has at least 10 years of pensionable service to his credit, he shall not be entitled to an amount described in subparagraph b in respect of any period of pensionable service subsequent to 30 September 1967,

(3)  where he ceases to hold employment with his employer for any reason other than disability before reaching age 60, he is entitled to receive:

(a)  where, upon ceasing to thus hold employment, he has reached age 55 and has at least 30 years of pensionable service to his credit, an immediate pension;

(b)  in any other case, at his option:

i.  a deferred pension;

ii.  where, upon ceasing to thus hold employment, he has reached age 50 and has at least 25 years of pensionable service to his credit, an annual allowance payable immediately at the time of his election and equal to the amount of the deferred pension referred to in subparagraph i, less the greater of the 2 products obtained by multiplying 5% of the amount of that pension:

— either by 55 less his age, rounded to the nearest tenth of a year, at the time of his election;

— or by 30 less the number of years, rounded to the nearest tenth of a year, of pensionable service to his credit;

iii.  where, upon ceasing to thus hold employment, he has reached age 55, has been employed full-time in the public service for a total of at least 10 years spread over one or more periods and does not voluntarily leave his employment with his employer, an annual allowance payable immediately upon cessation of his employment and equal to the amount of the deferred pension referred to in subparagraph i, less the product obtained by multiplying 5% of the amount of that pension by 30 less the number of years, rounded to the nearest tenth of a year, of pensionable service to his credit.

Notwithstanding the foregoing, the Commission may, in a case of this type, waive the right to effect all or part of the reduction provided for in this provision;

iv.  an annual allowance payable:

— immediately, at the time of his election, in the case of a contributor aged 50 or over;

— as soon as he reaches age 50, in the case of a contributor who makes an election while under age 50;

that allowance shall equal the amount of the deferred pension referred to in subparagraph i, less the product obtained by multiplying 5% of the amount of that pension by 60 less his age, rounded to the nearest tenth of a year, at the time when the allowance becomes payable;

v.  a refund of contributions, subject to the fact that, where he has reached age 45 and has at least 10 years of pensionable service to his credit, he is not entitled to a refund of contributions for any period of pensionable service subsequent to 30 September 1967;

vi.  where he becomes disabled before reaching age 60 but after having acquired entitlement:

— to a deferred pension, he ceases to be entitled to that deferred pension and acquires the right to an immediate pension;

— to an annual allowance, he ceases to be entitled to that annual allowance and acquires entitlement to an immediate pension, which shall be rectified so as to take into account the amount of the annual allowance that he was receiving.

O.C. 430-93, s. 67.