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

Section 4 Disposition versions

2018-07-17

4. The service and the salary used for the purposes of one of the pension plans referred to in section 1 shall not be reduced during the days and parts of a day of a person’s leave without pay where the person’s conditions of employment provide for payment of a contribution in accordance with his pension plan during the time he benefits therefrom. To that end, a person’s service is the service which would have been credited to him and his pensionable salary is the pensionable salary which he would have received, had such leave not been granted. Contributions shall be paid to Retraite Québec in accordance with the provisions of the pension plan in question. The same applies to any contributory amounts that must be paid by employers.

Notwithstanding the first paragraph, conditions of employment may provide that a person’s service is less than the service which would have been credited to him and that his pensionable salary is less than the salary which he would have received. In that case, that person may have the days and parts of a day not credited counted in accordance with the provisions of the retirement plan of which the person is a member respecting the redemption of a leave without pay even if he does not hold pensionable employment.

The service and the salary used for the purposes of the pension plan concerned are not reduced during the days and parts of a day of an absence described in subparagraph 5 of the first paragraph of section 0.0.0.2 of the Regulation respecting the application of the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1, r. 1), of section 0.1.1 of the Regulation under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10, r. 2), of section 2.2 of the Regulation under the Act respecting the Teachers Pension Plan (chapter R-11, r. 1), of section 3.1 of the Regulation under the Act respecting the Civil Service Superannuation Plan (chapter R-12, r. 1) or of section 1.2 of the Regulation under the Act respecting the Pension Plan of Management Personnel (chapter R-12.1, r. 1), if the agreement concerned provides for payment of a contribution pursuant to the person’s pension plan. For that purpose, a person’s service is the service that would have been credited and the person’s pensionable salary is the pensionable salary that would have been received, had the person not been dismissed. Contributions must be paid to Retraite Québec in accordance with the provisions of the person’s pension plan. The same applies to any contributory amounts that must be paid by employers. Despite the foregoing, the agreement may provide that a person’s service is less than the service that would have been credited and that the person’s pensionable salary is less than the salary that would have been received. In that case, the person may have the days and parts of a day not credited counted in accordance with the provisions concerning redemption of absence without pay in the retirement plan of which the person is a member even though the person does not hold pensionable employment.

This section does not apply in respect of an absence described in subparagraphs 3 and 4 of the first paragraph of section 0.0.0.2 of the Regulation respecting the application of the Act respecting the Pension Plan of Certain Teachers, of section 0.1.1 of the Regulation under the Act respecting the Government and Public Employees Retirement Plan, of section 2.2 of the Regulation under the Act respecting the Teachers Pension Plan, of section 3.1 of the Regulation under the Act respecting the Civil Service Superannuation Plan or of section 1.2 of the Regulation under the Act respecting the Pension Plan of Management Personnel.

O.C. 690-96, s. 4; O.C. 964-2000, s. 1; T.B. 219767, s. 1.

2016-01-01

4. The service and the salary used for the purposes of one of the pension plans referred to in section 1 shall not be reduced during the days and parts of a day of a person’s leave without pay where the person’s conditions of employment provide for payment of a contribution in accordance with his pension plan during the time he benefits therefrom. To that end, a person’s service is the service which would have been credited to him and his pensionable salary is the pensionable salary which he would have received, had such leave not been granted. Contributions shall be paid to Retraite Québec in accordance with the provisions of the pension plan in question. The same applies to any contributory amounts that must be paid by employers.

Notwithstanding the first paragraph, conditions of employment may provide that a person’s service is less than the service which would have been credited to him and that his pensionable salary is less than the salary which he would have received. In that case, that person may have the days and parts of a day not credited counted in accordance with the provisions of the retirement plan of which the person is a member respecting the redemption of a leave without pay even if he does not hold pensionable employment.

O.C. 690-96, s. 4; O.C. 964-2000, s. 1.

2012-09-01

4. The service and the salary used for the purposes of one of the pension plans referred to in section 1 shall not be reduced during the days and parts of a day of a person’s leave without pay where the person’s conditions of employment provide for payment of a contribution in accordance with his pension plan during the time he benefits therefrom. To that end, a person’s service is the service which would have been credited to him and his pensionable salary is the pensionable salary which he would have received, had such leave not been granted. Contributions shall be paid to the Commission in accordance with the provisions of the pension plan in question. The same applies to any contributory amounts that must be paid by employers.

Notwithstanding the first paragraph, conditions of employment may provide that a person’s service is less than the service which would have been credited to him and that his pensionable salary is less than the salary which he would have received. In that case, that person may have the days and parts of a day not credited counted in accordance with the provisions of the retirement plan of which the person is a member respecting the redemption of a leave without pay even if he does not hold pensionable employment.

O.C. 690-96, s. 4; O.C. 964-2000, s. 1.