R-12.1, r. 3 - Provisions respecting the determination of supplementary benefits in respect of certain classes of employees under section 208 of the Act respecting the Pension Plan of Management Personnel

Section 3 Disposition versions

2017-01-01

3. The amount of the employee’s pension paid under the basic Order in Council is increased by a supplementary benefit that corresponds to the total of the following amounts:

(1)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 1.6% per year of service credited before 1 January 1997 and by 1.7% per year of service credited after 31 December 1996, but before 1 January 2000, while Schedule I (O.C. 461-92, 92-04-01) applied to the employee, as it read on 16 September 2003;

(2)  an amount equal to 0.9% of the employee’s average pensionable salary per year of service credited before 1 January 1997 and equal to 0.8% of that salary per year of service credited after 31 December 1996, but before 1 January 2000, while Schedule I to that Order in Council applied to the employee, up to 10 years. The 10-year period is reduced by the number of years or parts of a year of service accumulated by the employee while the employee held employment referred to in section 22 or 23 of the basic Order in Council;

(3)  an amount equal to 1% of the employee’s average pensionable salary per year of service credited after 31 December 1999 while Schedule I to this Order in Council or, where applicable, Schedule I (O.C. 461-92, 92-04-01) as it read on 16 September 2003, applies to the employee;

(3.1)  an amount equal to 1% of the employee’s average pensionable salary per year of service credited after 31 December 2008 while Schedule I to this Order in Council applies to the employee as Secretary-General of the Conseil exécutif;

(4)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 1.7% per year of service credited after 31 December 1999 while the basic Order in Council applies to the employee, except for the years of service credited during which the employee holds employment in the education sector or in the health and social services sector;

(5)  the amount that corresponds to the amount by which 0.30% of the employee’s average pensionable salary exceeds the amount computed under subparagraph 2 of the first paragraph of section 8 of the basic Order in Council and that includes the limit provided for in the third paragraph of that section, per year of service credited after 31 December 1999, while the basic Order in Council applies to the employee, except years of service credited during which the employee holds employment in the education sector or in the health and social services sector, if the employee is under 65 years of age when the pension becomes payable. The amount is payable until the end of the month in which the pensioner reaches 65 years of age and is indexed in accordance with sections 115 and 116 of the Act. If the employee has less than 120 months of service, including the months of service recognized under the employee’s former pension plan, the amount is reduced by multiplying it by the fraction that the number of months of that service is of the total of 120. For the purpose of computing the number of months of service, the service accumulated by an employee during the period in which the plan did not apply to the employee while one of the following provisions applied to the employee must also be taken into account:

(a)  section 2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as it read on 31 December 2000;

(b)  paragraph 7 of section 4 of that Act as it read on that date;

(c)  section 2 of the Act; or

(d)  paragraph 7 of section 3 of the Act;

(5.1)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 2% per year of service credited over and above 35 years of service that is used in computing the total pension while the basic Order in Council applies to the employee, except for the years of service credited during which the employee holds employment in the education sector or in the health and social services sector; and

(6)  for the years of service credited before 1 January 1992 to an employee to whom any of paragraphs 1 to 11 of Schedule II to the basic Order in Council applies or applied, the amount that corresponds to the amount of the pension that would have been computed under section 26 of the basic Order in Council if the fiscal limits determined by the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) had not applied, less the amount of the employee’s pension computed in accordance with that section.

Subparagraphs 4 and 5 of the first paragraph also apply to an employee who is a public servant having permanent tenure within the meaning of the Public Service Act (chapter F-3.1.1), in respect of a year of service credited during which the employee was on leave without pay.

For the purposes of subparagraphs 1, 2, 4, 5 and 6 of the first paragraph, the limit provided for in the fourth paragraph of section 8 of the basic Order in Council applies. For the purposes of subparagraph 3, 3.1 and 5.1 of the first paragraph, the number of years of an employee’s credited service are taken into account up to the number of years necessary so that the years of service used in computing the total pension do not exceed 40. The years of service credited over and beyond 35 years of service used in computing the total pension must occur after 31 December 2010 and those over and beyond 38, after 31 December 2016.

O.C. 961-2003, s. 3; O.C. 813-2009, s. 1; O.C. 525-2009, s. 2; O.C. 377-2011, s. 2; O.C. 1136-2014, s. 1; O.C. 858-2017, s. 1.

2014-12-17

3. The amount of the employee’s pension paid under the basic Order in Council is increased by a supplementary benefit that corresponds to the total of the following amounts:

(1)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 1.6% per year of service credited before 1 January 1997 and by 1.7% per year of service credited after 31 December 1996, but before 1 January 2000, while Schedule I (O.C. 461-92, 92-04-01) applied to the employee, as it read on 16 September 2003;

(2)  an amount equal to 0.9% of the employee’s average pensionable salary per year of service credited before 1 January 1997 and equal to 0.8% of that salary per year of service credited after 31 December 1996, but before 1 January 2000, while Schedule I to that Order in Council applied to the employee, up to 10 years. The 10-year period is reduced by the number of years or parts of a year of service accumulated by the employee while the employee held employment referred to in section 22 or 23 of the basic Order in Council;

(3)  an amount equal to 1% of the employee’s average pensionable salary per year of service credited after 31 December 1999 while Schedule I to this Order in Council or, where applicable, Schedule I (O.C. 461-92, 92-04-01) as it read on 16 September 2003, applies to the employee;

(3.1)  an amount equal to 1% of the employee’s average pensionable salary per year of service credited after 31 December 2008 while Schedule I to this Order in Council applies to the employee as Secretary-General of the Conseil exécutif;

(4)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 1.7% per year of service credited after 31 December 1999 while the basic Order in Council applies to the employee, except for the years of service credited during which the employee holds employment in the education sector or in the health and social services sector;

(5)  the amount that corresponds to the amount by which 0.30% of the employee’s average pensionable salary exceeds the amount computed under subparagraph 2 of the first paragraph of section 8 of the basic Order in Council and that includes the limit provided for in the third paragraph of that section, per year of service credited after 31 December 1999, while the basic Order in Council applies to the employee, except years of service credited during which the employee holds employment in the education sector or in the health and social services sector, if the employee is under 65 years of age when the pension becomes payable. The amount is payable until the end of the month in which the pensioner reaches 65 years of age and is indexed in accordance with sections 115 and 116 of the Act. If the employee has less than 120 months of service, including the months of service recognized under the employee’s former pension plan, the amount is reduced by multiplying it by the fraction that the number of months of that service is of the total of 120. For the purpose of computing the number of months of service, the service accumulated by an employee during the period in which the plan did not apply to the employee while one of the following provisions applied to the employee must also be taken into account:

(a)  section 2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as it read on 31 December 2000;

(b)  paragraph 7 of section 4 of that Act as it read on that date;

(c)  section 2 of the Act; or

(d)  paragraph 7 of section 3 of the Act;

(5.1)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 2% per year of service credited over and above 35 years of service that is used in computing the total pension while the basic Order in Council applies to the employee, except for the years of service credited during which the employee holds employment in the education sector or in the health and social services sector; and

(6)  for the years of service credited before 1 January 1992 to an employee to whom any of paragraphs 1 to 11 of Schedule II to the basic Order in Council applies or applied, the amount that corresponds to the amount of the pension that would have been computed under section 26 of the basic Order in Council if the fiscal limits determined by the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) had not applied, less the amount of the employee’s pension computed in accordance with that section.

Subparagraphs 4 and 5 of the first paragraph also apply to an employee who is a public servant having permanent tenure within the meaning of the Public Service Act (chapter F-3.1.1), in respect of a year of service credited during which the employee was on leave without pay.

For the purposes of subparagraphs 1, 2, 4, 5 and 6 of the first paragraph, the limit provided for in the fourth paragraph of section 8 of the basic Order in Council applies. For the purposes of subparagraph 3, 3.1 and 5.1 of the first paragraph, the number of years of an employee’s credited service are taken into account up to the number of years necessary so that the years of service used in computing the total pension do not exceed 38. The years of service credited over and beyond 35 years of service used in computing the total pension must occur after 31 December 2010.

O.C. 961-2003, s. 3; O.C. 813-2009, s. 1; O.C. 525-2009, s. 2; O.C. 377-2011, s. 2; O.C. 1136-2014, s. 1.

2012-09-01

3. The amount of the employee’s pension paid under the basic Order in Council is increased by a supplementary benefit that corresponds to the total of the following amounts:

(1)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 1.6% per year of service credited before 1 January 1997 and by 1.7% per year of service credited after 31 December 1996, but before 1 January 2000, while Schedule I (O.C. 461-92, 92-04-01) applied to the employee, as it read on 16 September 2003;

(2)  an amount equal to 0.9% of the employee’s average pensionable salary per year of service credited before 1 January 1997 and equal to 0.8% of that salary per year of service credited after 31 December 1996, but before 1 January 2000, while Schedule I to that Order in Council applied to the employee, up to 10 years. The 10-year period is reduced by the number of years or parts of a year of service accumulated by the employee while the employee held employment referred to in section 22 or 23 of the basic Order in Council;

(3)  an amount equal to 1% of the employee’s average pensionable salary per year of service credited after 31 December 1999 while Schedule I to this Order in Council or, where applicable, Schedule I (O.C. 461-92, 92-04-01) as it read on 16 September 2003, applies to the employee;

(3.1)  an amount equal to 1% of the employee’s average pensionable salary per year of service credited after 31 December 2008 while Schedule I to this Order in Council applies to the employee as Secretary-General of the Conseil exécutif;

(4)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 1.7% per year of service credited after 31 December 1999 while the basic Order in Council applies to the employee, except for the years of service credited during which the employee holds employment in the education sector or in the health and social services sector;

(5)  the amount that corresponds to the amount by which 0.30% of the employee’s average pensionable salary exceeds the amount computed under subparagraph 2 of the first paragraph of section 8 of the basic Order in Council and that includes the limit provided for in the third paragraph of that section, per year of service credited after 31 December 1999, while the basic Order in Council applies to the employee, except years of service credited during which the employee holds employment in the education sector or in the health and social services sector, if the employee is under 65 years of age when the pension becomes payable. The amount is payable until the end of the month in which the pensioner reaches 65 years of age and is indexed in accordance with sections 115 and 116 of the Act. If the employee has less than 120 months of service, including the months of service recognized under the employee’s former pension plan, the amount is reduced by multiplying it by the fraction that the number of months of that service is of the total of 120. For the purpose of computing the number of months of service, the service accumulated by an employee during the period in which the plan did not apply to the employee while one of the following provisions applied to the employee must also be taken into account:

(a)  section 2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as it read on 31 December 2000;

(b)  paragraph 7 of section 4 of that Act as it read on that date;

(c)  section 2 of the Act; or

(d)  paragraph 7 of section 3 of the Act;

(5.1)  the amount obtained by multiplying the part of the employee’s average pensionable salary that exceeds the part withheld upon computation of the amount of the pension provided for in section 8 of the basic Order in Council by 2% per year of service credited over and above 35 years of service that is used in computing the total pension while the basic Order in Council applies to the employee, except for the years of service credited during which the employee holds employment in the education sector or in the health and social services sector; and

(6)  for the years of service credited before 1 January 1992 to an employee to whom any of paragraphs 1 to 11 of Schedule II to the basic Order in Council applies or applied, the amount that corresponds to the amount of the pension that would have been computed in accordance with the provisions of the former pension plan and section 27 of the basic Order in Council if the fiscal limits determined by the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) had not applied, less the amount of the employee’s pension computed in accordance with that section.

Subparagraphs 4 and 5 of the first paragraph also apply to an employee who is a public servant having permanent tenure within the meaning of the Public Service Act (chapter F-3.1.1), in respect of a year of service credited during which the employee was on leave without pay.

For the purposes of subparagraphs 1, 2, 4, 5 and 6 of the first paragraph, the limit provided for in the fourth paragraph of section 8 of the basic Order in Council applies. For the purposes of subparagraph 3, 3.1 and 5.1 of the first paragraph, the number of years of an employee’s credited service are taken into account up to the number of years necessary so that the years of service used in computing the total pension do not exceed 38. The years of service credited over and beyond 35 years of service used in computing the total pension must occur after 31 December 2010.

O.C. 961-2003, s. 3; O.C. 813-2009, s. 1; O.C. 525-2009, s. 2; O.C. 377-2011, s. 2.