R-10, r. 7 - Regulation respecting the partition and assignment of benefits accrued under the Government and Public Employees Retirement Plan

Section 3 Disposition versions

2019-01-01

3. The benefits accrued under the plan shall be established in accordance with the Act, taking into account the following provisions:

(1)  where the Act provides for an option between a refund of contributions and a deferred pension and where that option has not been exercised at the date of assessment, the accrued benefits shall be those having the highest value;

(2)  where the Act provides for an option between a pension and a deferred pension and where that option has not been exercised at the date of assessment, the accrued benefit are deemed to correspond to a deferred pension payable at age 65;

(3)  except in the case provided for in the second paragraph of section 57 of the Act, where the Act prescribes that the employee would be entitled to a pension if he ceased to be covered by the plan before reaching age 65, his benefits are deemed to correspond to a deferred pension payable at that age;

(3.1)  where the employee has ceased to be a member of the plan after 31 December 1995 while he was entitled to a reduced pension that he was not receiving at the date of assessment, the accrued benefits are deemed to correspond to a pension payable on the closest date on which a pension would otherwise have been granted to him without actuarial reduction at the time of his ceasing to be a member of that plan;

(4)  where the Act provides for indexation of the deferred pension, it shall be indexed after it has been reduced at the date of assessment by the amount obtained pursuant to section 39 of the Act;

(5)  where the provisions relative to the return to work of a pensioner apply in respect of a pensioner who is not a member of the plan and whose benefits have ceased to be paid in whole or in part because of his return to work, or where the provisions of Division IV of the Chapter IV of Title I of the Act apply, the accrued benefits correspond to the benefits that would otherwise have been paid at the date of assessment if those provisions had not applied.

The accrued benefits of the period of the marriage or civil union shall be established in accordance with the first paragraph on the basis of the years or parts of a year of service counted of credited during that period, on the assumption that the employee or former employee acquired for that period benefits of the same type as those accrued to him between the time when he became a member of the plan and the date of assessment.

For the purpose of establishing and assessing them, the accrued benefits correspond to the benefits acquired under the plan at the date of assessment on the basis of the years or parts of a year of service credited or counted at that date, without taking into account, except in respect of the pensioner, the years or parts of a year added at the time of calculation of the pension. For those purposes, the employee is deemed to have ceased to be covered by the plan at the date of assessment.

O.C. 351-91, s. 3; O.C. 1191-95, s. 3; O.C. 1428-98, s. 2; T.B. 220167, s. 4.

2012-09-01

3. The benefits accrued under the plan shall be established in accordance with the Act, taking into account the following provisions:

(1)  where the Act provides for an option between a refund of contributions and a deferred pension and where that option has not been exercised at the date of assessment, the accrued benefits shall be those having the highest value;

(2)  where the Act provides for an option between a pension and a deferred pension and where that option has not been exercised at the date of assessment, the accrued benefit are deemed to correspond to a deferred pension payable at age 65;

(3)  except in the case provided for in the second paragraph of section 57 of the Act, where the Act prescribes that the employee would be entitled to a pension if he ceased to be covered by the plan before reaching age 65, his benefits are deemed to correspond to a deferred pension payable at that age;

(3.1)  where the employee has ceased to be a member of the plan after 31 December 1995 while he was entitled to a reduced pension that he was not receiving at the date of assessment, the accrued benefits are deemed to correspond to a pension payable on the closest date on which a pension would otherwise have been granted to him without actuarial reduction at the time of his ceasing to be a member of that plan;

(4)  where the Act provides for indexation of the deferred pension, it shall be indexed after it has been reduced at the date of assessment by the amount obtained pursuant to section 39 of the Act;

(5)  where the provisions relative to the return to work of a pensioner apply in respect of a pensioner who is not a member of the plan and whose benefits have ceased to be paid in whole or in part because of his return to work, or where the provisions of Division IV of the Chapter IV of Title I of the Act apply, the accrued benefits correspond to the benefits that would otherwise have been paid at the date of assessment if those provisions had not applied.

The accrued benefits of the period of the marriage shall be established in accordance with the first paragraph on the basis of the years or parts of a year of service counted of credited during that period, on the assumption that the employee or former employee acquired for that period benefits of the same type as those accrued to him between the time when he became a member of the plan and the date of assessment.

For the purpose of establishing and assessing them, the accrued benefits correspond to the benefits acquired under the plan at the date of assessment on the basis of the years or parts of a year of service credited or counted at that date, without taking into account, except in respect of the pensioner, the years or parts of a year added at the time of calculation of the pension. For those purposes, the employee is deemed to have ceased to be covered by the plan at the date of assessment.

O.C. 351-91, s. 3; O.C. 1191-95, s. 3; O.C. 1428-98, s. 2.