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

Section 38 Disposition versions

2022-06-08

38. Where an employee is entitled to a pension under subparagraph 3 of the first paragraph of section 33, the employee’s pension is reduced for its duration by 1/2 of 1% per month, computed for each month comprised between the date on which that pension is granted and the nearest date on which the pension would otherwise have been granted to the employee without actuarial reduction, at the time the employee ceased to participate in the plan, under this division and, if applicable, under section 215.0.0.6 or pursuant to Title IV.1 where the related provisions of that Title have not ceased to have effect on the date on which the employee retires.

Where section 74.1 applies, the amount of the employee’s pension established under the first paragraph must take into account the provisions of the regulation made under section 74.2.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36; 1993, c. 41, s. 10; 1995, c. 13, s. 2; 1995, c. 70, s. 29; 1997, c. 50, s. 21; 2000, c. 32, s. 12; 2016, c. 14, s. 9; 2022, c. 22, s. 288.

2020-07-01

38. Where an employee is entitled to a pension under subparagraph 3 of the first paragraph of section 33, the employee’s pension is reduced for its duration by 1/2 of 1% per month, computed for each month comprised between the date on which that pension is granted and the nearest date on which the pension would otherwise have been granted to him without actuarial reduction, at the time he ceased to participate in the plan, under this division and, if applicable, under section 215.0.0.6 or pursuant to Title IV.1 where the related provisions of that Title have not ceased to have effect on the date on which he retires.

Where section 74.1 applies, the amount of the employee’s pension established under the first paragraph must take into account the provisions of the regulation made under section 74.2.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36; 1993, c. 41, s. 10; 1995, c. 13, s. 2; 1995, c. 70, s. 29; 1997, c. 50, s. 21; 2000, c. 32, s. 12; 2016, c. 14, s. 9.

2000-06-16

38. Where an employee is entitled to a pension under subparagraph 3 of the first paragraph of section 33, the employee’s pension is reduced for its duration by 1/3 of 1% per month, computed for each month comprised between the date on which that pension is granted and the nearest date on which the pension would otherwise have been granted to him without actuarial reduction, at the time he ceased to participate in the plan, under this division and, if applicable, under section 215.0.0.6 or pursuant to Title IV.1 where the related provisions of that Title have not ceased to have effect on the date on which he retires.

Where section 74.1 applies, the amount of the employee’s pension established under the first paragraph must take into account the provisions of the regulation made under section 74.2.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36; 1993, c. 41, s. 10; 1995, c. 13, s. 2; 1995, c. 70, s. 29; 1997, c. 50, s. 21; 2000, c. 32, s. 12.

1997-07-01

38. In the cases described in subparagraphs 3 and 4 of the first paragraph of section 33, the employee’s pension is reduced for its duration by 1/3 of 1 % per month, computed for each month comprised between the date on which the pension is granted and the nearest date on which the pension would otherwise have been granted to him without actuarial reduction, at the time he ceased to participate in the plan, under this division or, as the case may be, pursuant to Title IV.1 where the related provisions of that Title have not ceased to have effect on the date on which he retires.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36; 1993, c. 41, s. 10; 1995, c. 13, s. 2; 1995, c. 70, s. 29; 1997, c. 50, s. 21.

1996-01-01

38. In the cases described in subparagraphs 3 and 4 of the first paragraph of section 33, the employee’s pension is reduced for its duration by 1/3 of 1 % per month, computed for each month comprised between the date on which the pension is granted and the nearest date on which the pension would otherwise have been granted to him without actuarial reduction under this division or, as the case may be, under Title IV.1.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36; 1993, c. 41, s. 10; 1995, c. 13, s. 2; 1995, c. 70, s. 29.

1995-03-16

38. In the cases described in subparagraphs 3 and 4 of the first paragraph of section 33, the employee’s pension is reduced for its duration by 0.5 % per month, computed for each month comprised between the date on which the pension is granted and

(1)  the date of his sixtieth birthday, in the case contemplated in subparagraph 3 of the first paragraph of the said section; or

(2)  the nearest date on which the pension would otherwise have been granted to him under subparagraph 1, 2 or 3 of the first paragraph of the said section, in the case contemplated in subparagraph 4 of the first paragraph of the said section.

In the case described in section 33.1, the pension is reduced for its duration by 0.5 % per month, computed for each month comprised between the date on which the pension is granted and the nearest date on which a pension would otherwise have been granted to him without actuarial reduction under this division or, as the case may be, under Title IV.1.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36; 1993, c. 41, s. 10; 1995, c. 13, s. 2.

1993-06-18

38. In the cases described in subparagraphs 3 and 4 of the first paragraph of section 33, the employee’s pension is reduced for its duration by 0.5 % per month, computed for each month comprised between the date on which the pension is granted and

(1)  the date of his sixtieth birthday, in the case contemplated in subparagraph 3 of the first paragraph of the said section; or

(2)  the nearest date on which the pension would otherwise have been granted to him under subparagraph 1, 2 or 3 of the first paragraph of the said section, in the case contemplated in subparagraph 4 of the first paragraph of the said section.

In the case described in section 33.1, the pension is reduced for its duration by 0.5 % per month, computed for each month comprised between the date on which the pension is granted and the nearest date on which a pension would otherwise have been granted to him without actuarial reduction under this division or, as the case may be, under Chapter I.1 of Title IV.1.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36; 1993, c. 41, s. 10.

1991-01-01

38. In the cases described in paragraphs 3 and 4 of section 33, the employee’s pension is reduced for its duration by 0.5 % per month, computed for each month comprised between the date on which the pension is granted and

(1)  the date of his sixtieth birthday, in the case contemplated in paragraph 3 of the said section; or

(2)  the nearest date on which the pension would otherwise have been granted to him under paragraph 1, 2 or 3 of the said section, in the case contemplated in paragraph 4 of the said section.

In the case described in section 33.1, the pension is reduced for its duration by 0.5 % per month, computed for each month comprised between the date on which the pension is granted and the nearest date on which a pension would otherwise have been granted to him without actuarial reduction.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23; 1990, c. 87, s. 36.

1987-06-23

38. In the cases described in paragraphs 3 and 4 of section 33, the employee’s pension is reduced for its duration by 0.5 % per month, computed for each month comprised between the date on which the pension is granted and

(1)  the date of his sixtieth birthday, in the case contemplated in paragraph 3 of the said section; or

(2)  the nearest date on which the pension would otherwise have been granted to him under paragraph 1, 2 or 3 of the said section, in the case contemplated in paragraph 4 of the said section.

1973, c. 12, s. 31; 1983, c. 24, s. 1; 1987, c. 47, s. 23.

1983-07-01

38. In the cases contemplated in paragraphs 2 and 3 of section 33, the employee’s pension is reduced for its duration by 0.5% per month, computed for each month falling between the date on which the pension is granted and

(1)  the date of his sixtieth birthday, in the case contemplated in paragraph 2 of the said section, or

(2)  the nearest date on which it would otherwise have been granted to him under paragraphs 1 and 2 of the said section, in the case contemplated in paragraph 3 of the said section.

1973, c. 12, s. 31; 1983, c. 24, s. 1.

1977-12-31

38. Pensionable salary does not include:

(a)  bonuses and fees;

(b)  remuneration for overtime work;

(c)  isolation premiums and indemnities for lodging and meals;

(d)  salary-insurance benefits, including benefits derived from elective salary-insurance plans;

(e)  any other remuneration excluded by regulation or any part of remuneration excluded by the Minister in accordance with the criteria adopted by regulation.

1973, c. 12, s. 31.