R-17.0.1, r. 3 - Regulation respecting voluntary retirement savings plans

Section 38 Disposition versions

2016-01-01

38. The administrator must, within 60 days of receiving the application, provide the applicant and his spouse with the statement referred to in section 76 of the Act.

That statement is divided into two parts, the first of which must contain the following information:

(1)  the value of the total benefits referred to in Division III that have been credited to the locked-in and not locked-in accounts as at the valuation date, broken down by account;

(2)  in the case of spouses who are married or in a civil union:

(a)  the value of the benefits accrued during the marriage or civil union referred to in Division IV, broken down by account;

(b)  where the administrator does not have information relative to the balance of one of the accounts on the date of the marriage or civil union:

i.  the information it has relative to the balance of the account on the date that is the closest to the date of the marriage or civil union;

ii.  the interest rate, referred to in the second paragraph of section 40, that applies between the date of the marriage or civil union and the date of the valuation.

The first part of the statement shall be signed by the person who prepared it. Unless the Court is shown that the benefits and periods appearing on the statement must be corrected or that the values appearing on the statement were not determined according to the rules provided for in this Chapter, the statement shall constitute proof of its content.

The second part of the statement must contain the following information:

(1)  the name of the voluntary retirement savings plan and the number assigned to it by Retraite Québec;

(2)  in the case of spouses who are married or in a civil union, the date of the marriage or civil union and the date of the valuation;

(3)  in the case of spouses who were neither married nor in a civil union, the dates of the beginning and end of the conjugal relationship of the member and his spouse;

(4)  the date on which the member registered for or joined the plan;

(5)  the name and address of the person to be contacted for any information concerning the plan;

(6)  the rules governing the calculation of the interest that is added to the amount granted to the spouse.

O.C. 499-2014, s. 38.

2014-07-01

38. The administrator must, within 60 days of receiving the application, provide the applicant and his spouse with the statement referred to in section 76 of the Act.

That statement is divided into two parts, the first of which must contain the following information:

(1)  the value of the total benefits referred to in Division III that have been credited to the locked-in and not locked-in accounts as at the valuation date, broken down by account;

(2)  in the case of spouses who are married or in a civil union:

(a)  the value of the benefits accrued during the marriage or civil union referred to in Division IV, broken down by account;

(b)  where the administrator does not have information relative to the balance of one of the accounts on the date of the marriage or civil union:

i.  the information it has relative to the balance of the account on the date that is the closest to the date of the marriage or civil union;

ii.  the interest rate, referred to in the second paragraph of section 40, that applies between the date of the marriage or civil union and the date of the valuation.

The first part of the statement shall be signed by the person who prepared it. Unless the Court is shown that the benefits and periods appearing on the statement must be corrected or that the values appearing on the statement were not determined according to the rules provided for in this Chapter, the statement shall constitute proof of its content.

The second part of the statement must contain the following information:

(1)  the name of the voluntary retirement savings plan and the number assigned to it by the Régie;

(2)  in the case of spouses who are married or in a civil union, the date of the marriage or civil union and the date of the valuation;

(3)  in the case of spouses who were neither married nor in a civil union, the dates of the beginning and end of the conjugal relationship of the member and his spouse;

(4)  the date on which the member registered for or joined the plan;

(5)  the name and address of the person to be contacted for any information concerning the plan;

(6)  the rules governing the calculation of the interest that is added to the amount granted to the spouse.

O.C. 499-2014, s. 38.