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

Section 50 Disposition versions

2022-04-14

50. The pension committee shall, within 60 days following either receipt of a joint application concerning partition or execution of a transfer, or the expiry of the period provided for in the second paragraph of section 47 and, except in the latter case, unless it has been notified of the spouse’s waiver or of a judicial opposition to the partition or transfer of the member’s benefits take, with respect to the sum allocated to the spouse, increased by the interest, one of the following measures:

(1)  transfer the sum to another pension plan of which the spouse is a member or to a plan referred to in paragraph 2.1, 2.2, 3.1, 4 or 5 of section 28;

(2)  provided that the plan so allows,

(a)  where the spouse already has benefits under the plan, transfer the sum to the account of the spouse, but only with regard to capital benefits in the case of a target-benefit plan;

(b)  where the spouse does not have benefits under the plan, and only with regard to capital benefits, grant to the spouse, who then becomes a member, benefits under the plan;

(3)  pay the sum to the spouse or transfer it to a plan referred to in paragraphs 3 of section 28, in the following cases:

(a)  the partitioned or transferred benefits correspond to a refund to which the member would have been entitled at the valuation date, it being understood that subject to subparagraph b, the amount granted to the spouse may not be paid to the spouse in a proportion greater than the proportion in which the member’s benefits could have been refunded to the member;

(b)  on the date of the application, that amount in question is less than 20% of the maximum pensionable earnings determined under the Act respecting the Québec Pension Plan (chapter R-9) for the year in which the transfer of partition is applied for;

(c)  the spouse has ceased to live in Canada since at least 2 years.

Where the spouse fails to indicate to the pension committee the payment method selected from those mentioned in the first paragraph,

(1)  the interest referred to in section 48 ceases to accrue on the expiry of the period during which the committee must act according to that paragraph and begins to accrue again, if applicable, only at the date on which the spouse indicates his or her selection;

(2)  the pension committee may, on its own initiative and as soon as the period expires, transfer on behalf of the spouse the sum to be paid into one of the plans referred to in subparagraph 1, 2 or 3 of the first paragraph, as the case may be.

O.C. 1158-90, s. 50; O.C. 173-2002, s. 41; O.C. 1073-2009, s. 33; O.C. 500-2014, s. 17; O.C. 1183-2017, s. 25; O.C. 308-2022, s. 25.

2018-01-04

50. The pension committee shall, within 60 days following either receipt of a joint application concerning partition or execution of a transfer, or the expiry of the period provided for in the second paragraph of section 47 and, except in the latter case, unless it has been notified of the spouse’s waiver or of a judicial opposition to the partition or transfer of the member’s benefits take, with respect to the sum allocated to the spouse, increased by the interest, one of the following measures:

(1)  transfer the sum to another pension plan of which the spouse is a member or to a plan referred to in paragraph 2.1, 2.2, 3.1, 4 or 5 of section 28;

(2)  provided that the plan so allows,

(a)  where the spouse already has benefits under the plan, transfer the sum to the account of the spouse;

(b)  where the spouse does not have benefits under the plan, and only with regard to capital benefits, grant to the spouse, who then becomes a member, benefits under the plan;

(3)  pay the sum to the spouse or transfer it to a plan referred to in paragraphs 3 of section 28, in the following cases:

(a)  the partitioned or transferred benefits correspond to a refund to which the member would have been entitled at the valuation date, it being understood that subject to subparagraph b, the amount granted to the spouse may not be paid to the spouse in a proportion greater than the proportion in which the member’s benefits could have been refunded to the member;

(b)  on the date of the application, that amount in question is less than 20% of the maximum pensionable earnings determined under the Act respecting the Québec Pension Plan (chapter R-9) for the year in which the transfer of partition is applied for;

(c)  the spouse has ceased to live in Canada since at least 2 years.

Where the spouse fails to indicate to the pension committee the payment method selected from those mentioned in the first paragraph,

(1)  the interest referred to in section 48 ceases to accrue on the expiry of the period during which the committee must act according to that paragraph and begins to accrue again, if applicable, only at the date on which the spouse indicates his or her selection;

(2)  the pension committee may, on its own initiative and as soon as the period expires, transfer on behalf of the spouse the sum to be paid into one of the plans referred to in subparagraph 1, 2 or 3 of the first paragraph, as the case may be.

O.C. 1158-90, s. 50; O.C. 173-2002, s. 41; O.C. 1073-2009, s. 33; O.C. 500-2014, s. 17; O.C. 1183-2017, s. 25.

2014-07-01

50. The pension committee shall, within 60 days following either receipt of a joint application concerning partition or execution of a transfer, or the expiry of the period provided for in the second paragraph of section 47 and, except in the latter case, unless it has been notified of the spouse’s waiver or of a judicial opposition to the partition or transfer of the member’s benefits take, with respect to the sum allocated to the spouse, increased by the interest, one of the following measures:

(1)  transfer the sum to another pension plan of which the spouse is a member or to a plan referred to in paragraph 2.1, 2.2, 3.1, 4 or 5 of section 28;

(2)  provided that the plan so allows,

(a)  where the spouse already has benefits under the plan, transfer the sum to the account of the spouse;

(b)  where the spouse does not have benefits under the plan, grant to the spouse, who then becomes a member, benefits under the plan;

(3)  pay the sum to the spouse or transfer it to a plan referred to in paragraphs 3 of section 28, in the following cases:

(a)  the partitioned or transferred benefits correspond to a refund to which the member would have been entitled at the valuation date, it being understood that subject to subparagraph b, the amount granted to the spouse may not be paid to the spouse in a proportion greater than the proportion in which the member’s benefits could have been refunded to the member;

(b)  on the date of the application, that amount in question is less than 20% of the maximum pensionable earnings determined under the Act respecting the Québec Pension Plan (chapter R-9) for the year in which the transfer of partition is applied for;

(c)  the spouse has ceased to live in Canada since at least 2 years.

Where the spouse fails to indicate to the pension committee the payment method selected from those mentioned in the first paragraph,

(1)  the interest referred to in section 48 ceases to accrue on the expiry of the period during which the committee must act according to that paragraph and begins to accrue again, if applicable, only at the date on which the spouse indicates his or her selection;

(2)  the pension committee may, on its own initiative and as soon as the period expires, transfer on behalf of the spouse the sum to be paid into one of the plans referred to in subparagraph 1, 2 or 3 of the first paragraph, as the case may be.

O.C. 1158-90, s. 50; O.C. 173-2002, s. 41; O.C. 1073-2009, s. 33; O.C. 500-2014, s. 17.

2012-09-01

50. The pension committee shall, within 60 days following either receipt of a joint application concerning partition or execution of a transfer, or the expiry of the period provided for in the second paragraph of section 47 and, except in the latter case, unless it has been notified of the spouse’s waiver or of a judicial opposition to the partition or transfer of the member’s benefits take, with respect to the sum allocated to the spouse, increased by the interest, one of the following measures:

(1)  transfer the sum to another pension plan of which the spouse is a member or to a plan referred to in paragraph 3.1, 4 or 5 of section 28;

(2)  provided that the plan so allows,

(a)  where the spouse already has benefits under the plan, transfer the sum to the account of the spouse;

(b)  where the spouse does not have benefits under the plan, grant to the spouse, who then becomes a member, benefits under the plan;

(3)  pay the sum to the spouse or transfer it to a plan referred to in paragraphs 3 of section 28, in the following cases:

(a)  the partitioned or transferred benefits correspond to a refund to which the member would have been entitled at the valuation date, it being understood that subject to subparagraph b, the amount granted to the spouse may not be paid to the spouse in a proportion greater than the proportion in which the member’s benefits could have been refunded to the member;

(b)  on the date of the application, that amount in question is less than 20% of the maximum pensionable earnings determined under the Act respecting the Québec Pension Plan (chapter R-9) for the year in which the transfer of partition is applied for;

(c)  the spouse has ceased to live in Canada since at least 2 years.

Where the spouse fails to indicate to the pension committee the payment method selected from those mentioned in the first paragraph,

(1)  the interest referred to in section 48 ceases to accrue on the expiry of the period during which the committee must act according to that paragraph and begins to accrue again, if applicable, only at the date on which the spouse indicates his or her selection;

(2)  the pension committee may, on its own initiative and as soon as the period expires, transfer on behalf of the spouse the sum to be paid into one of the plans referred to in subparagraph 1, 2 or 3 of the first paragraph, as the case may be.

O.C. 1158-90, s. 50; O.C. 173-2002, s. 41; O.C. 1073-2009, s. 33.