C-52.1 - Act respecting the conditions of employment and the pension plan of the Members of the National Assembly

Section 39 Disposition versions

2002-06-24

39. The spouse of a Member or pensioner is the person married to or in a civil union with the Member or pensioner or, provided that neither is married or in a civil union, the person of the opposite or the same sex who, at the time of the death, was living in a de facto union with the Member or pensioner and had been publicly represented as the Member’s or pensioner’s spouse for at least three years or, if a child has issued or will issue from their de facto union, for at least one year.

For the purposes of this division, the word “Member” includes a former Member who is entitled to a retirement pension.

1982, c. 66, s. 39; 1987, c. 109, s. 10; 1992, c. 9, s. 2; 1999, c. 14, s. 10; 2002, c. 6, s. 126.

1999-06-16

39. The spouse is the person who is married to a Member or pensioner or, in the case of an unmarried Member or pensioner, an unmarried person of the opposite or the same sex who, at the time of the death, was living in a de facto union with the Member or pensioner and had been publicly represented as the Member’s or pensioner’s spouse for at least three years or, if a child has issued or will issue from their union, for one year.

For the purposes of this division, the word “Member” includes a former Member who is entitled to a retirement pension.

1982, c. 66, s. 39; 1987, c. 109, s. 10; 1992, c. 9, s. 2; 1999, c. 14, s. 10.

1992-05-27

39. The spouse is the person who is married to a Member or pensioner or, in the case of an unmarried Member or pensioner, the person who was unmarried at the time of the death and who had been living in a de facto union with the Member or pensioner and who had been publicly represented as his spouse for at least three years or, if a child has issued or will issue from their union, for one year.

For the purposes of this division, the word “Member” includes a former Member who is entitled to a retirement pension.

1982, c. 66, s. 39; 1987, c. 109, s. 10; 1992, c. 9, s. 2.

1987-12-18

39. On the date a person ceases to be a Member, the amount of the pension credits must not exceed 70 % of the average indemnity received by the Member for his three best remunerated years of service during his last term of office, or during all his terms provided they were uninterrupted.

For the purposes of this section, the indemnity for any year is presumed to have been received uniformly during the whole period of service counted for such year.

If the beneficiary has less than three years of service during the successive terms of office, the average indemnity is computed exclusively on the basis of the years of service that he counts for that period.

If, however, the beneficiary has already been a Member of the Assembly at an earlier time, for a period separated from the period of successive terms, the years of service of such separate period may be taken into consideration to the extent that it results in an increase in the average indemnity received by the Member for his three best remunerated years of service.

1982, c. 66, s. 39; 1987, c. 109, s. 10.

1983-01-01

39. On the date the pension becomes payable, its annual amount must not exceed 70% of the average indemnity received by a Member for his three best remunerated years of service during his last term of office, or during all his terms provided they were uninterrupted.

For the purposes of this section, the indemnity for any year is presumed to have been received uniformly during the whole period of service counted for such year.

If the beneficiary has less than three years of service during the successive terms of office, the average indemnity is computed exclusively on the basis of the years of service that he counts for that period.

If, however, the beneficiary has already been a Member of the Assembly at an earlier time, for a period separated from the period of successive terms, the years of service of such separate period may be taken into consideration to the extent that it results in an increase in the average indemnity received by the Member for his three best remunerated years of service.

For the purposes of this section, the average indemnity is indexed from the time that the beneficiary ceased, for the last time, to be a Member of the Assembly until the date that a pension is payable to him, in the manner provided in section 38.

1982, c. 66, s. 39.