R-10, r. 9 - Regulation respecting the partition and assignment of benefits accrued under the Régime de retraite des membres de la Sûreté du Québec

Section 1.1 Disposition versions

2019-01-10

1.1. Where a member or former member and a person of the opposite or same sex whom the member or former member publicly represents as his spouse have ceased living together and neither was married or in a civil union on the date on which they ceased living together, and provided that the spouse had been living in a conjugal relationship with the member or former member for a period of not less than one year immediately prior to the date on which they ceased living together or during the year preceding that date, and one of the following situations occurred:

(1)  a child was born or is to be born of their union,

(2)  they adopted a child together, or

(3)  one of them adopted the child of the other,

the spouses may, in accordance with section 122.1.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), agree within 12 months of the date on which they ceased living together to the partition of the benefits accrued by the member or the former member under the Régime de retraite des membres de la Sûreté du Québec; such an agreement may not, however, confer on the spouse more than 50% of the value of such benefits.

For that purpose, the member or former member and the spouse are entitled to obtain, upon application made to Retraite Québec, a statement setting out the value of the benefits accrued by the member or former member under the plan, established as at the date on which they ceased living together. Any application for a statement must be signed by the member or the former member and his spouse. The application must contain the following information and be accompanied with the following documents:

(1)  the name, address, Social Insurance Number and date of birth of the member or former member and of his spouse;

(2)  an attestation by the member or former member and his spouse that neither was married or in a civil union on the date on which they ceased living together and, where applicable, the date of the divorce or the dissolution of the civil union and the documents attesting thereto, unless those documents have already been sent to Retraite Québec;

(3)  an attestation by the member or former member and his spouse of the dates on which they began and ceased living together and, where applicable, proof that they lived in a conjugal relationship. Furthermore, if the spouses lived in a conjugal relationship for less than one year preceding the date on which they ceased living together, they must also attest that one of the situations referred to in subparagraphs 1 to 3 of the first paragraph occurred and, where applicable, provide proof thereof;

(4)  the information that must be provided by the employer in his annual report, in accordance with the provisions of the Régime de retraite des membres de la Sûreté du Québec, for the year during which the assessment is determined up to the date set for that assessment, as well as for the previous year; that information must be certified by an authorized representative of the employer.

Any application made under this section is also valid for the ancillary benefits provided for in Chapter V of the Régime de retraite des membres de la Sûreté du Québec, that are administered by the Association des policières et policiers provinciaux du Québec.

O.C. 1419-2018, s. 2.