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R-10 - Act respecting the Government and Public Employees Retirement Plan

Section 106
Disposition versions

Full text
106. If the supplemental pension plan provides that the retirement pension to which the employee would have been entitled under such plan must be based on the salary of the best remunerated years or on the salary of the last years, the pension credit shall be computed on the same basis.
If the number of best remunerated years serving as the basis for computation of the pension under the supplemental pension plan differs from 5, the pension credit accrued by virtue of the supplemental pension plan shall be adjusted to take account of such difference, in accordance with the regulations made in respect of each supplemental pension plan concerned.
However, in respect of an employee who, on 1 January 2001 is a member of the plan pursuant to section 3.2 following a poll held under section 6 or 7, the basis for computing the pension credit referred to in the second paragraph shall be the basis that existed on 31 December 1999.
1973, c. 12, s. 93; 1974, c. 9, s. 22; 1979, c. 42, s. 3; 1982, c. 51, s. 37; 1983, c. 24, s. 1; 2001, c. 31, s. 299.
106. If the supplemental pension plan provides that the retirement pension to which the employee would have been entitled under such plan must be based on the salary of the best remunerated years or on the salary of the last years, the pension credit shall be computed on the same basis.
If the number of best remunerated years serving as the basis for computation of the pension under the supplemental pension plan differs from 5, the pension credit accrued by virtue of the supplemental pension plan shall be adjusted to take account of such difference, in accordance with the regulations made in respect of each supplemental pension plan concerned.
1973, c. 12, s. 93; 1974, c. 9, s. 22; 1979, c. 42, s. 3; 1982, c. 51, s. 37; 1983, c. 24, s. 1.
106. (1)  This section applies to union employees and employees who may be, but are not, unionized, in the employment, on 31 December 1977, of public and private establishments contemplated in subparagraph a of paragraph 2 of section 2 and of establishments enumerated in Schedule III.
It also applies to the employees of the establishments mentioned in the first paragraph who, on 31 December 1977, receive an annual pension or are entitled to a deferred pension under this plan or under the C.S.N. — A.H.P.Q. — M.A.S. supplemental pension plan.
Notwithstanding the aforesaid, only the employees born on or before 30 June 1913 are contemplated by this section.
(2)  Each employee who receives an annual pension under the terms of the second paragraph of subsection 1 must be granted an annual pension of an amount equal to the difference between $916.00 and the annual amount of the pension received by him in the year 1978 under this plan and under any other supplemental pension plan in which his participation was mandatory and to which the employer contributed.
The same rule applies to the employee who is entitled to a deferred pension the payment of which began on or before 31 December 1977.
(3)  Each employee who qualifies for an annual pension on or after 1 January 1978 must be granted an annual pension of an amount equal to the difference between $916.00 and twelve times the original monthly amount payable to him under this plan or any other supplemental pension plan in which his participation was mandatory and to which the employer contributed.
The same rule applies to the employee who is entitled to a deferred pension the payment of which began on or after 1 January 1978.
(4)  Notwithstanding any contrary provision, the annual pension granted under this section shall not be reduced by the amount of pension credit that may be credited to an employee under sections 81, 95 and 100.
(5)  The pension granted under this section shall be paid to the employee in the manner provided in section 62.
(6)  Repealed.
1973, c. 12, s. 93; 1974, c. 9, s. 22; 1979, c. 42, s. 3; 1982, c. 51, s. 37.
106. (1)  This section applies to union employees and employees who may be, but are not, unionized, in the employment, on 31 December 1977, of public and private establishments contemplated in subparagraph a of paragraph 2 of section 2 and of establishments enumerated in Schedule III.
It also applies to the employees of the establishments mentioned in the first paragraph who, on 31 December 1977, receive an annual pension or are entitled to a deferred pension under this plan or under the C.S.N. — A.H.P.Q. — M.A.S. supplemental pension plan.
Notwithstanding the aforesaid, only the employees born on or before 30 June 1913 are contemplated by this section.
(2)  Each employee who receives an annual pension under the terms of the second paragraph of subsection 1 must be granted an annual pension of an amount equal to the difference between $916.00 and the annual amount of the pension received by him in the year 1978 under this plan and under any other supplemental pension plan in which his participation was mandatory and to which the employer contributed.
The same rule applies to the employee who is entitled to a deferred pension the payment of which began on or before 31 December 1977.
(3)  Each employee who qualifies for an annual pension on or after 1 January 1978 must be granted an annual pension of an amount equal to the difference between $916.00 and twelve times the original monthly amount payable to him under this plan or any other supplemental pension plan in which his participation was mandatory and to which the employer contributed.
The same rule applies to the employee who is entitled to a deferred pension the payment of which began on or after 1 January 1978.
(4)  Notwithstanding any contrary provision, the annual pension granted under this section shall not be reduced by the amount of pension credit that may be credited to an employee under sections 81, 95 and 100.
(5)  The pension granted under this section shall be paid to the employee in the manner provided in section 62.
(6)  Sections 77 and 85 do not apply to this section.
1973, c. 12, s. 93; 1974, c. 9, s. 22; 1979, c. 42, s. 3.
106. (1)  This section applies to union employees and employees who may be, but are not, unionized, in the employment, on July 1 1973, of public and private establishments contemplated in subparagraph a of paragraph 2 of section 2.
(2)  Each of such employees is credited with the proportion of the pension credit provided for in the collective labour agreements and the years of service he would have been entitled to be credited with under the supplemental plan to which he contributes or should have contributed had such participation been mandatory from the date the parties agreed to establish such a plan.
The years of service contemplated in this subdivision shall be computed only for the purposes of qualification for an annual pension and, where necessary, for a deferred annuity.
(3)  The years of service and the pension credit credited under this section shall be deducted from the years of service and the pension credit which may be credited under sections 81 and 95. Furthermore, the employee may complete the pension credit he is entitled to be credited with under this section up to the maximum provided for in section 84, but based on his annual pensionable salary on July 1 1973, by paying the premiums provided for in section 86.
(4)  The Gouvernement shall determine, by regulation, the rules of application of this section.
1973, c. 12, s. 93; 1974, c. 9, s. 22.
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