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

Section 39 Disposition versions

2022-06-08

39. From the month following the sixty-fifth birthday of a pensioner or from the month following the date of their retirement if that date is subsequent to their sixty-fifth birthday, the pension is reduced by the amount obtained by multiplying it by

(1)  0.7%;

(2)  the number of years of service credited after 31 December 1965, up to 35;

(3)  that part of the average pensionable salary which does not exceed the average maximum pensionable earnings, within the meaning of the Act respecting the Québec Pension Plan (chapter R-9), in respect of all the last years of service required in order that the total amount of the corresponding periods of contribution be equal to 5, or where the total amount is less than 5, by counting all the years.

In the computation of the average maximum pensionable earnings, each maximum amount of pensionable earnings concerned must be computed according to the report established for computing each period of contribution.

Where the pension is reduced pursuant to section 43.1, the amount obtained pursuant to subparagraphs 1, 2 and 3 of the first paragraph is reduced by 2%.

However, where the employee continues to hold pensionable employment under the plan after 30 December of the year in which the employee attains 69 years of age, the reduction provided for in the first paragraph applies from the month following that date as if the employee had retired.

1973, c. 12, s. 32; 1977, c. 21, s. 9; 1982, c. 51, s. 8; 1983, c. 24, s. 1; 1990, c. 87, s. 37; 1997, c. 50, s. 22; 2022, c. 22, s. 288.

1997-07-01

39. From the month following the sixty-fifth birthday of a pensioner or from the month following the date of his retirement if that date is subsequent to his sixty-fifth birthday, his pension is reduced by the amount obtained by multiplying it by

(1)  0.7%;

(2)  the number of years of service credited after 31 December 1965, up to 35;

(3)  that part of the average pensionable salary which does not exceed the average maximum pensionable earnings, within the meaning of the Act respecting the Québec Pension Plan (chapter R-9), in respect of all the last years of service required in order that the total amount of the corresponding periods of contribution be equal to 5, or where the total amount is less than 5, by counting all the years.

In the computation of the average maximum pensionable earnings, each maximum amount of pensionable earnings concerned must be computed according to the report established for computing each period of contribution.

Where the pension is reduced pursuant to section 43.1, the amount obtained pursuant to subparagraphs 1, 2 and 3 of the first paragraph is reduced by 2%.

However, where the employee continues to hold pensionable employment under the plan after 30 December of the year in which he attains 69 years of age, the reduction provided for in the first paragraph applies from the month following that date as if he had retired.

1973, c. 12, s. 32; 1977, c. 21, s. 9; 1982, c. 51, s. 8; 1983, c. 24, s. 1; 1990, c. 87, s. 37; 1997, c. 50, s. 22.

1991-01-01

39. From the month following the sixty-fifth birthday of a pensioner or from the month following the date of his retirement if that date is subsequent to his sixty-fifth birthday, his pension is reduced by the amount obtained by multiplying it by

(1)  0.7 %;

(2)  the number of years of service credited after 31 December 1965, up to 35;

(3)  that part of the average pensionable salary which does not exceed the average maximum pensionable earnings, within the meaning of the Act respecting the Québec Pension Plan (chapter R-9), in respect of all the last years of service required in order that the total amount of the corresponding periods of contribution be equal to 5, or where the total amount is less than 5, by counting all the years.

In the computation of the average maximum pensionable earnings, each maximum amount of pensionable earnings concerned must be computed according to the report established for computing each period of contribution.

Where the pension is reduced pursuant to section 43.1, the amount obtained pursuant to subparagraphs 1, 2 and 3 of the first paragraph is reduced by 2 %.

1973, c. 12, s. 32; 1977, c. 21, s. 9; 1982, c. 51, s. 8; 1983, c. 24, s. 1; 1990, c. 87, s. 37.

1983-07-01

39. From the month following the sixty-fifth birthday of a pensioner or from the month following the date of his retirement if that date is subsequent to his sixty-fifth birthday, his pension is reduced by the amount obtained by multiplying it by

(1)  0.7%;

(2)  the number of years of service credited after 31 December 1965, up to 35;

(3)  that part of the average pensionable salary which does not exceed the average maximum pensionable earnings, within the meaning of the Act respecting the Québec Pension Plan (chapter R-9), in respect of all the last years of service required in order that the total amount of the corresponding periods of contribution be equal to 5, or where the total amount is less than 5, by counting all the years.

In the computation of the average maximum pensionable earnings, each maximum amount of pensionable earnings concerned must be computed according to the report established for computing each period of contribution.

1973, c. 12, s. 32; 1977, c. 21, s. 9; 1982, c. 51, s. 8; 1983, c. 24, s. 1.

1983-01-01

39. A lump sum paid to an employee as an increase of or adjustment to his salary for a previous year is included

(1)  in the case of an employee, in the pensionable salary for the year in which the lump sum is paid;

(2)  in the case of a pensioner, in the pensionable salary for the year during which the employee retired.

The lump sum does not include the part of the amount attributable to an increase of or adjustment to the salary paid while the pensioner is contemplated in section 70.2, 70.15, 80 or 80.1 if, in these last two cases, he has elected not to contribute.

1973, c. 12, s. 32; 1977, c. 21, s. 9; 1982, c. 51, s. 8.

1977-12-31

39. A lump sum paid to an employee as an increase of or adjustment to his salary for a previous year is included in the pensionable salary for the year in which it is paid.

However, such a lump sum paid to an employee in the year following the year in which he was superannuated is part of the pensionable salary for the year during which the employee was superannuated.

However, such a lump sum paid after July 1 1973 in respect of a period of service prior to that date is not included in the pensionable salary of an employee for the year in which it is paid, unless the retirement plan to which he was contributing so provides.

1973, c. 12, s. 32; 1977, c. 21, s. 9.