R-10, r. 4 - Regulation respecting the application of Title IV.2 of the Act respecting the Government and Public Employees Retirement Plan

Section 38.4 Disposition versions

2012-09-01

38.4. A person referred to in subparagraph 2 or 3 of the second paragraph of section 38.1 may also be credited, in whole or in part, with the years of service in respect of which the annual amount has not been withheld, if the person makes an application to that effect within 12 months of receiving a notice from the Commission informing the person of his or her right to have the provisions of this Chapter apply. The amount referred to in the first paragraph of section 38.1 shall be paid in a lump sum or, where applicable, as a set-off on the amount of the pension.

The 12-month period provided for in the first paragraph applies in accordance with the fourth paragraph of section 38.2.

In the case of a person referred to in subparagraph 3 of the second paragraph of section 38.1, the amount referred to in the first paragraph bears interest, compounded annually, from the expiry of the 12-month period provided for in the first paragraph, at the rate provided for, for each period, in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). However, interest ceases to be computed from the date on which the person again becomes a member of the Government and Public Employees Retirement Plan or of the Pension Plan of Management Personnel. In that case, section 38.2 applies.

T.B. 200048, s. 9.