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

Section 149 Disposition versions

2016-01-01

149. Retraite Québec may, however, in one annual payment and on such date as it may determine, make cash payment of the annual value of all the benefits payable under a pension plan administered by it, except for pensions granted to children and those granted by reason of physical or mental disability, if the total amount of the benefits payable under the plan does not exceed $811.

The cash payment of the annual value of benefits does not have the effect of making benefits due.

The amount of $811 is, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), indexed annually by the rate of increase of the Pension Index established by the said Act.

1973, c. 12, s. 136; 1974, c. 9, s. 23; 1977, c. 21, s. 39; 1980, c. 11, s. 84; 1982, c. 33, s. 19; 1983, c. 24, s. 1; 1986, c. 44, s. 78; 2015, c. 20, s. 61.

1986-06-26

149. The Commission may, however, in one annual payment and on such date as it may determine, make cash payment of the annual value of all the benefits payable under a pension plan administered by it, except for pensions granted to children and those granted by reason of physical or mental disability, if the total amount of the benefits payable under the plan does not exceed $811.

The cash payment of the annual value of benefits does not have the effect of making benefits due.

The amount of $811 is, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), indexed annually by the rate of increase of the Pension Index established by the said Act.

1973, c. 12, s. 136; 1974, c. 9, s. 23; 1977, c. 21, s. 39; 1980, c. 11, s. 84; 1982, c. 33, s. 19; 1983, c. 24, s. 1; 1986, c. 44, s. 78.

1985-09-01

149. The Commission may, however, in one annual payment and on such date as it may determine, make cash payment of the annual value of all the benefits payable under a retirement plan administered by it, except for pensions granted to children and those granted by reason of physical or mental disability, if the total amount of the benefits payable under the plan does not exceed $700. The pension credit granted under Division III of the Act respecting pension coverage for certain teachers (chapter P-32.1) forms part of the benefits from the retirement plan under which the beneficiary receives a pension.

The cash payment of the annual value of benefits does not have the effect of making benefits due.

The amount of $700 is, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), indexed annually by the rate of increase of the Pension Index established by the said Act.

1973, c. 12, s. 136; 1974, c. 9, s. 23; 1977, c. 21, s. 39; 1980, c. 11, s. 84; 1982, c. 33, s. 19; 1983, c. 24, s. 1.

1983-07-01

149. The Commission may, however, in one annual payment and on such date as it may determine, make cash payment of the annual value of all the benefits payable under a retirement plan administered by it, except for pensions granted to children and those granted by reason of physical or mental disability, if the total amount of the benefits payable under the plan does not exceed $700. The pension credit granted under Division III of the Act respecting pension coverage for certain teachers (1978, chapter 16) forms part of the benefits from the retirement plan under which the beneficiary receives a pension.

The cash payment of the annual value of benefits does not have the effect of making benefits due.

The amount of $700 is, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), indexed annually by the rate of increase of the Pension Index established by the said Act.

1973, c. 12, s. 136; 1974, c. 9, s. 23; 1977, c. 21, s. 39; 1980, c. 11, s. 84; 1982, c. 33, s. 19; 1983, c. 24, s. 1.

1982-06-23

149. The Government may, by regulation, after consultation by the Commission with the executive committee:

(a)  prescribe the information that may be required of employees or beneficiaries by the Commission in order to determine their right to benefits provided for by this act and to allow periodic control;

(b)  determine the form and content of every application and notice contemplated by this act, prescribe the information to be supplied in them and, where necessary, prescribe a form;

(c)  determine the objects for which the private establishments contemplated in subparagraph a of paragraph 2 of section 2 must be under agreement to make this plan applicable to their employees;

(d)  make this act applicable to any body contemplated in subparagraph g of paragraph 2 of section 2;

(e)  determine the criteria to establish when an employee is employed only occasionally or on an intermittent basis and the standards to establish what, in each sector of employment, constitutes full-time, part-time or seasonal employment;

(f)  determine the maximum duration of interruption of service for the application of section 5;

(g)  establish the rules governing the holding of a poll to determine the election contemplated in section 6 in respect of employees contributing on June 30 1973 to a supplemental plan;

(h)  determine the classes of remuneration which, in addition to those given in section 38, are not included in the pensionable salary of an employee and the criteria under which the Minister may exclude part of remuneration in computing pensionable salary;

(i)  determine the terms and conditions of computation of the average salary of an employee;

(j)  define what constitutes a principal employment and a secondary employment for the purposes of section 43;

(k)  determine the periods at which an employee who has been granted a leave of absence without salary must make the payments contemplated by section 45;

(l)  establish, in accordance with section 138.2, a new rate of contributions;

(m)  order that a pension or annuity may be paid otherwise than in monthly instalments;

(n)  determine the rates of interest which under this act are to be fixed by regulation and, where necessary, the rules governing the computation of interest;

(o)  determine the criteria according to which the pension credit acquired from the funds derived from a money purchase supplemental plan is computed in accordance with section 96;

(p)  determine the rules governing the adjustment of the pension credit accrued by virtue of a supplemental plan in the case provided for in section 97;

(q)  determine the order of priorities according to which the benefits are reduced for full capitalization of a supplemental plan in the case contemplated in section 99;

(r)  fix the date on which an employer must make to the Commission a report of the contributions of his employees;

(s)  determine the criteria to decide, for the purposes of this act, which employees may be unionized;

(t)  determine, where necessary, the date on which the contribution shall be increased pursuant to section 113;

(u)  determine which documents and information must accompany the monthly remittance to the Commission by the employer of the deducted contributions;

(v)  determine the formalities concerning the designation of the representatives of the union employees for the formation of the executive committee contemplated in section 128;

(w)  determine every other measure the establishment of which by regulation is provided for in this act;

(x)  establish the standards required for the application of section 63.

Every regulation made under this act shall come into force from its publication in the Gazette officielle du Québec or on any later date indicated therein.

However, the regulations made before 1 January 1975 have effect from 1 July 1973 in the case of regulations contemplated in subparagraphs c to e, h to k or m, n, r and s.

Notwithstanding the second paragraph, the Government may, when it makes a regulation under subparagraph d of the first paragraph, order that the regulation has effect as from a date not over six months prior to the date on which it is made.

1973, c. 12, s. 136; 1974, c. 9, s. 23; 1977, c. 21, s. 39; 1980, c. 11, s. 84; 1982, c. 33, s. 19.

1980-07-18

149. The Government may, by regulation, after consultation by the Commission with the executive committee:

(a)  prescribe the information that may be required of employees or beneficiaries by the Commission in order to determine their right to benefits provided for by this act and to allow periodic control;

(b)  determine the form and content of every application and notice contemplated by this act, prescribe the information to be supplied in them and, where necessary, prescribe a form;

(c)  determine the objects for which the private establishments contemplated in subparagraph a of paragraph 2 of section 2 must be under agreement to make this plan applicable to their employees;

(d)  make this act applicable to any body contemplated in subparagraph g of paragraph 2 of section 2;

(e)  determine the criteria to establish when an employee is employed only occasionally or on an intermittent basis and the standards to establish what, in each sector of employment, constitutes full-time, part-time or seasonal employment;

(f)  determine the maximum duration of interruption of service for the application of section 5;

(g)  establish the rules governing the holding of a poll to determine the election contemplated in section 6 in respect of employees contributing on June 30 1973 to a supplemental plan;

(h)  determine the classes of remuneration which, in addition to those given in section 38, are not included in the pensionable salary of an employee and the criteria under which the Minister may exclude part of remuneration in computing pensionable salary;

(i)  determine the terms and conditions of computation of the average salary of an employee;

(j)  define what constitutes a principal employment and a secondary employment for the purposes of section 43;

(k)  determine the periods at which an employee who has been granted a leave of absence without salary must make the payments contemplated by section 45;

(l)  revise and establish the rate of contributions in the manner provided in section 50;

(m)  order that a pension or annuity may be paid otherwise than in monthly instalments;

(n)  determine the rates of interest which under this act are to be fixed by regulation and, where necessary, the rules governing the computation of interest;

(o)  determine the criteria according to which the pension credit acquired from the funds derived from a money purchase supplemental plan is computed in accordance with section 96;

(p)  determine the rules governing the adjustment of the pension credit accrued by virtue of a supplemental plan in the case provided for in section 97;

(q)  determine the order of priorities according to which the benefits are reduced for full capitalization of a supplemental plan in the case contemplated in section 99;

(r)  fix the date on which an employer must make to the Commission a report of the contributions of his employees;

(s)  determine the criteria to decide, for the purposes of this act, which employees may be unionized;

(t)  fix, if need be, the date on which the rate of employer’s contributions and employee’s contributions may be varied for the application of section 113;

(u)  determine which documents and information must accompany the monthly remittance to the Commission by the employer of the deducted contributions;

(v)  determine the formalities concerning the designation of the representatives of the union employees for the formation of the executive committee contemplated in section 128;

(w)  determine every other measure the establishment of which by regulation is provided for in this act;

(x)  establish the standards required for the application of section 63.

Every regulation made under this act shall come into force from its publication in the Gazette officielle du Québec or on any later date indicated therein.

However, the regulations made before 1 January 1975 have effect from 1 July 1973 in the case of regulations contemplated in subparagraphs c to e, h to k or m, n, r and s.

Notwithstanding the second paragraph, the Government may, when it makes a regulation under subparagraph d of the first paragraph, order that the regulation has effect as from a date not over six months prior to the date on which it is made.

1973, c. 12, s. 136; 1974, c. 9, s. 23; 1977, c. 21, s. 39; 1980, c. 11, s. 84.

1977-12-31

149. The Gouvernement may, by regulation, after consultation by the Commission with the executive committee:

(a)  prescribe the information that may be required of employees or beneficiaries by the Commission in order to determine their right to benefits provided for by this act and to allow periodic control;

(b)  determine the form and content of every application and notice contemplated by this act, prescribe the information to be supplied in them and, where necessary, prescribe a form;

(c)  determine the objects for which the private establishments contemplated in subparagraph a of paragraph 2 of section 2 must be under agreement to make this plan applicable to their employees;

(d)  make this act applicable to any body contemplated in subparagraph g of paragraph 2 of section 2;

(e)  determine the criteria to establish when an employee is employed only occasionally or on an intermittent basis and the standards to establish what, in each sector of employment, constitutes full-time, part-time or seasonal employment;

(f)  determine the maximum duration of interruption of service for the application of section 5;

(g)  establish the rules governing the holding of a poll to determine the election contemplated in section 6 in respect of employees contributing on June 30 1973 to a supplemental plan;

(h)  determine the classes of remuneration which, in addition to those given in section 38, are not included in the pensionable salary of an employee and the criteria under which the Minister may exclude part of remuneration in computing pensionable salary;

(i)  determine the terms and conditions of computation of the average salary of an employee;

(j)  define what constitutes a principal employment and a secondary employment for the purposes of section 43;

(k)  determine the periods at which an employee who has been granted a leave of absence without salary must make the payments contemplated by section 45;

(l)  revise and establish the rate of contributions in the manner provided in section 50;

(m)  order that a pension or annuity may be paid otherwise than in monthly instalments;

(n)  determine the rates of interest which under this act are to be fixed by regulation and, where necessary, the rules governing the computation of interest;

(o)  determine the criteria according to which the pension credit acquired from the funds derived from a money purchase supplemental plan is computed in accordance with section 96;

(p)  determine the rules governing the adjustment of the pension credit accrued by virtue of a supplemental plan in the case provided for in section 97;

(q)  determine the order of priorities according to which the benefits are reduced for full capitalization of a supplemental plan in the case contemplated in section 99;

(r)  fix the date on which an employer must make to the Commission a report of the contributions of his employees;

(s)  determine the criteria to decide, for the purposes of this act, which employees may be unionized;

(t)  fix, if need be, the date on which the rate of employer’s contributions and employee’s contributions may be varied for the application of section 113;

(u)  determine which documents and information must accompany the monthly remittance to the Commission by the employer of the deducted contributions;

(v)  determine the formalities concerning the designation of the representatives of the union employees for the formation of the executive committee contemplated in section 128;

(w)  determine every other measure the establishment of which by regulation is provided for in this act;

(x)  establish the standards required for the application of section 63.

Every regulation made under this act shall come into force from its publication in the Gazette officielle du Québec or on any later date indicated therein.

However, the regulations made before 1 January 1975 have effect from 1 July 1973 in the case of regulations contemplated in subparagraphs c to e, h to k or m, n, r and s.

1973, c. 12, s. 136; 1974, c. 9, s. 23; 1977, c. 21, s. 39.