194. The employer must deduct from the undeferred part of the salary the amount prescribed under the plan of which the person is a member. The deduction shall be made on the same percentage of the pensionable salary for all the years covered by the agreement, and the percentage shall correspond to that prescribed in the agreement for the purpose of determining the undeferred part of the salary. Where the salary exceeds the pensionable salary necessary to make up the defined benefit limit applicable under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) for each year, the percentage shall apply on the pensionable salary.
However, in the case of the retirement plan provided for by this Act or the Pension Plan of Management Personnel, the exemption of 35 % of the maximum pensionable earnings within the meaning of the Act respecting the Québec Pension Plan (chapter R-9) is established proportionately to the ratio between the undeferred salary of the person, excluding any lump sum paid as an increase or adjustment of salary, and the salary he would otherwise have received.
1983, c. 24, s. 1; 1987, c. 47, s. 71; 1991, c. 77, s. 57; 2001, c. 31, s. 346.