16.1. A member or spouse who has become entitled to a pension under a defined contribution pension plan or under provisions that, in a defined benefit plan or defined benefit-defined contribution plan, are similar to those of a defined contribution plan is entitled, upon an application to the pension committee accompanied with a declaration in conformity with the one prescribed in Schedule 0.2, to replace it, before payment of it begins, by a lump-sum payment under the following conditions:(1) he is at least 65 years of age;
(2) the total of the sums credited to his account in the retirement savings instruments referred to in Schedule 0.2 do not exceed 40% of the Maximum Pensionable Earnings determined in accordance with the Act respecting the Québec Pension Plan (chapter R-9) for the year in which he applies for the payment.