R-10, r. 1 - Regulation respecting various legislative provisions of the pension plans in the public and parapublic sectors

Section 1 Disposition versions

2012-09-01

1. Subject to the third paragraph and notwithstanding section 85.22 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), a non-unionizable employee who retires in the period of application of the measures provided for in Chapter V.2 of Title I of that Act who was participating in the plan on 31 December 1996 as a unionizable employee is, for the purposes of that Chapter, deemed to be

(1)  a unionizable employee if he was such an employee on 22 March 1997; or

(2)  a non-unionizable employee if he was such an employee on that date.

Subject to the third paragraph and notwithstanding section 215.11.1 of that Act, a unionizable employee, who retires in the period of application of the measures provided for in Title IV.1.1 of that Act and who was participating in the plan on 31 December 1996 as a non-unionizable employee is deemed to be a non-unionizable employee for the purposes of that Title.

An employee who was participating in the plan on 31 December 1996 as a unionizable employee and as a non-unionizable employee is, for the purposes of the measures, deemed to be

(1)  a unionizable employee if he is less than 55 years of age on the date on which he ceases to participate in the plan, if he retires in the period of application of the measures referred to in the first paragraph and if he was such an employee on 22 March 1997;

(2)  a unionizable employee if he is at least 55 years of age on the date on which he ceases to participate in the plan, if he retires in the period of application of the measures referred to in the first paragraph and if he was such an employee eligible for the departure incentives referred to in section 85.33 of that Act on 22 March 1997; or

(3)  a non-unionizable employee if he is at least 55 years of age on the date on which he ceases to participate in the plan, if he retires in the period of application of the measures referred to in the second paragraph and if he was such an employee ineligible for departure incentives on 22 March 1997.

To be deemed to be a unionizable employee and in addition to the conditions provided for in the first or the third paragraph, an employee shall satisfy the terms and conditions provided for in the Regulation respecting Title IV.1.1 of the Act respecting the Government and Public Employees Retirement Plan (O.C. 1228-97, 97-09-24).

O.C. 1229-97, s. 1.