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

Section 3.1.1 Disposition versions

2022-06-08

3.1.1. Although participation in this plan is mandatory under the first paragraph of section 3.1, no participation may be recognized

(1)  for years or parts of a year for which a decision or out-of-court settlement shows that the person who completed service during the years or parts of a year concerned was an employee of an employer designated in Schedule I or II or was not excluded from this plan under paragraph 4 of section 1 of the Regulation under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10, r. 2) if,

(a)  in the case where the decision is a final decision of the Administrative Labour Tribunal or, where applicable, of a higher authority concerning the Tribunal’s decision and is rendered following a request made under section 39 of the Labour Code (chapter C-27), or in the case of an out-of-court settlement following such a request, those years or parts of a year are prior to the date on which the request was made under section 39;

(b)  in the case where the decision is a final decision of the Administrative Labour Tribunal or, where applicable, of a higher authority concerning the Tribunal’s decision and is rendered following an investigation made under section 39 of the Labour Code, those years or parts of a year are prior to the date of the Tribunal’s decision; or

(c)  in the case where the decision is a final decision of the Agence du revenu du Québec or the Canada Revenue Agency or, where applicable, of a higher authority concerning the decision of the agency concerned, those years or parts of a year are prior to the date of the decision of the agency concerned; or

(2)  if an application to that effect is received more than 36 months following the first day concerned by the application and is made because the person who completed service during the years or parts of a year concerned was an employee of an employer designated in Schedule I or II or was not excluded from this plan under paragraph 4 of section 1 of the Regulation under the Act respecting the Government and Public Employees Retirement Plan, and if those years or parts of a year are not the subject of a decision or out-of-court settlement referred to in subparagraph 1.

For the purposes of the first paragraph, any period during which the person was an employee entitled to salary insurance benefits or an employee on maternity leave or personal leave in connection with pregnancy or delivery under the provisions concerning parental leave that form part of their conditions of employment is counted as a period of service.

For the purposes of sections 24, 74 and 74.1, the employee is deemed not to have held pensionable employment under this plan in relation to the years or parts of a year of service referred to in this section.

2018, c. 4, s. 21; 2022, c, 22, ss. 287 and 288.

2018-03-21

3.1.1. Although participation in this plan is mandatory under the first paragraph of section 3.1, no participation may be recognized

(1)  for years or parts of a year for which a decision or out-of-court settlement shows that the person who completed service during the years or parts of a year concerned was an employee of an employer designated in Schedule I or II or was not excluded from this plan under paragraph 4 of section 1 of the Regulation under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10, r. 2) if,

(a)  in the case where the decision is a final decision of the Administrative Labour Tribunal or, where applicable, of a higher authority concerning the Tribunal’s decision and is rendered following a request made under section 39 of the Labour Code (chapter C-27), or in the case of an out-of-court settlement following such a request, those years or parts of a year are prior to the date on which the request was made under section 39;

(b)  in the case where the decision is a final decision of the Administrative Labour Tribunal or, where applicable, of a higher authority concerning the Tribunal’s decision and is rendered following an investigation made under section 39 of the Labour Code, those years or parts of a year are prior to the date of the Tribunal’s decision; or

(c)  in the case where the decision is a final decision of the Agence du revenu du Québec or the Canada Revenue Agency or, where applicable, of a higher authority concerning the decision of the agency concerned, those years or parts of a year are prior to the date of the decision of the agency concerned; or

(2)  if an application to that effect is received more than 36 months following the first day concerned by the application and is made because the person who completed service during the years or parts of a year concerned was an employee of an employer designated in Schedule I or II or was not excluded from this plan under paragraph 4 of section 1 of the Regulation under the Act respecting the Government and Public Employees Retirement Plan, and if those years or parts of a year are not the subject of a decision or out-of-court settlement referred to in subparagraph 1.

For the purposes of the first paragraph, any period during which the person was an employee entitled to salary insurance benefits or an employee on maternity leave under the provisions concerning parental leave that form part of her conditions of employment is counted as a period of service.

For the purposes of sections 24, 74 and 74.1, the employee is deemed not to have held pensionable employment under this plan in relation to the years or parts of a year of service referred to in this section.

2018, c. 4, s. 21.