R-15.1, r. 6 - Regulation respecting supplemental pension plans

Section 33 Disposition versions

2018-01-04

33. For the purposes of this Division:

“capital benefits” means benefits that have been accumulated by the member in the form of refunds, pensions or other pension benefits where those capital benefits are a function of the amounts which, credited to his account in the form of contributions paid, assets transferred and interest on those contributions and assets, have not yet been used for the purchase of a pension or other pension benefit; (droits en capital)

“pension benefits” means benefits that have been accumulated by the member in the form of refunds, pensions or other benefits and that, taking into account the obligations prescribed by the pension plan or the elections exercised by the member, are expressed as a pension or other pension benefits of a determined amount or of an amount corresponding to a percentage of the member’s remuneration and includes benefits relative to excess member contributions, with accrued interest, up to the ceiling set in section 60 of the Act; (droits en rente)

“date of institution of the action” means the date of the application for separation from bed and board, for divorce, for annulment of marriage, dissolution or nullity of a civil union, or for payment of a compensatory allowance, according to the procedure at the origin of the partition or transfer of benefits; (date de l’introduction de l’instance)

“period of membership” means, unless provided otherwise in this Regulation, the number of whole months or parts of months between the date of which the member became a member of the pension plan and the date on which he ceased to be an active member, without taking into account the months during which he did not work for an employer who is a party to the plan; where the member is active on the valuation date, the date on which the member ceased to be an active member corresponds to the valuation date; in the case of transfer of benefits or assets, the contribution period also comprises the period relative to membership in the plans from which the rights and assets were transferred. (période de participation)

“valuation date” means

(1)  for the purposes of preparing the statement referred to in section 108 of the Act,

(a)  the date of the institution of the action, if the application for the statement is made after the institution of an action provided for in the first paragraph of section 108;

(b)  the date the member and the member’s spouse ceased to live together, if the application for the statement is made on the occasion of mediation concerning a family matter;

(c)  the date set for determining the net value of family patrimony, if the application for the statement is made during a joint procedure before a notary for the dissolution of a civil union;

(d)  the date of the cessation of the conjugal relationship, if the application for the statement is made following the cessation of the conjugal relationship of spouses who are not married or civil union spouses;

(2)  for any other purposes, the date set for the valuation of the member’s benefits in the pension plan by the judgment, transaction contract or agreement giving rise to the partition or transfer of the benefits or, if there is no provision in the judgment, contract or agreement, the date provided for by the act governing the partition of the spouses’ property. (date de l’évaluation).

The period of membership defined in the first paragraph may, if the pension plan so stipulates, be determined in days instead of months. In such case, this section as well as sections 35, 39 to 42 and 44 apply by substituting the word “days” for the word “months”.

O.C. 1158-90, s. 33; Erratum, 1991 G.O. 2, 41; O.C. 173-2002, s. 27; O.C. 1073-2009, s. 11; O.C. 1183-2017, s. 21.

2012-09-01

33. For the purposes of this Division:

“capital benefits” means benefits that have been accumulated by the member in the form of refunds, pensions or other pension benefits where those capital benefits are a function of the amounts which, credited to his account in the form of contributions paid, assets transferred and interest on those contributions and assets, have not yet been used for the purchase of a pension or other pension benefit; (droits en capital)

“pension benefits” means benefits that have been accumulated by the member in the form of refunds, pensions or other benefits and that, taking into account the obligations prescribed by the pension plan or the elections exercised by the member, are expressed as a pension or other pension benefits of a determined amount or of an amount corresponding to a percentage of the member’s remuneration and includes benefits relative to excess member contributions, with accrued interest, up to the ceiling set in section 60 of the Act, and benefits relative to the additional pension benefit provided for in section 60.1 of the Act; (droits en rente)

“date of institution of the action” means the date of the application for separation from bed and board, for divorce, for annulment of marriage, dissolution or nullity of a civil union, or for payment of a compensatory allowance, according to the procedure at the origin of the partition or transfer of benefits; (date de l’introduction de l’instance)

“period of membership” means, unless provided otherwise in this Regulation, the number of whole months or parts of months between the date of which the member became a member of the pension plan and the date on which he ceased to be an active member, without taking into account the months during which he did not work for an employer who is a party to the plan; where the member is active on the valuation date, the date on which the member ceased to be an active member corresponds to the valuation date; in the case of transfer of benefits or assets, the contribution period also comprises the period relative to membership in the plans from which the rights and assets were transferred. (période de participation)

“valuation date” means

(1)  for the purposes of preparing the statement referred to in section 108 of the Act,

(a)  the date of the institution of the action, if the application for the statement is made after the institution of an action provided for in the first paragraph of section 108;

(b)  the date the member and the member’s spouse ceased to live together, if the application for the statement is made on the occasion of mediation concerning a family matter;

(c)  the date set for determining the net value of family patrimony, if the application for the statement is made during a joint procedure before a notary for the dissolution of a civil union;

(d)  the date of the cessation of the conjugal relationship, if the application for the statement is made following the cessation of the conjugal relationship of spouses who are not married or civil union spouses;

(2)  for any other purposes, the date set for the valuation of the member’s benefits in the pension plan by the judgment, transaction contract or agreement giving rise to the partition or transfer of the benefits or, if there is no provision in the judgment, contract or agreement, the date provided for by the act governing the partition of the spouses’ property. (date de l’évaluation).

The period of membership defined in the first paragraph may, if the pension plan so stipulates, be determined in days instead of months. In such case, this section as well as sections 35, 39 to 42 and 44 apply by substituting the word “days” for the word “months”.

O.C. 1158-90, s. 33; Erratum, 1991 G.O. 2, 41; O.C. 173-2002, s. 27; O.C. 1073-2009, s. 11.