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

Section 58
Disposition versions

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58. When contributions are reimbursed, if amounts have been paid as pension benefits under this plan or a pension plan out of which the employee’s service has not been transferred to this plan on an actuarially equivalent value, the total amount of the contributions of the employee, excluding sums paid by the employee and for which a pension credit is granted, and, where such is the case, interest accrued on such contributions up to the date on which a pension became payable, is reduced by the amounts paid as pension benefits from the date on which the pension ceased to be paid and by any amount determined under the first and second paragraphs of section 41.12 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2). Following the death of a beneficiary of a pension, the balance of the contributions and of any accrued interest bears interest, compounded annually, at the rate determined in Schedule VII in force on the first day of the month following the death and computed from that date. In addition, for every period during which no benefit was paid, the balance of the contributions and of any accrued interest, established on the first day of the period, bears interest, compounded annually, at the rates determined in Schedule VI.
However, if a pension is payable to the employee, spouse or child under section 99, the reimbursement of contributions provided for in sections 46 and 47 does not include contributions relating to service credited in accordance with sections 85.3 and 98. In that case, the first paragraph of this section applies, at the time the pension becomes payable, in respect of other contributions but without taking into account the amounts paid as pension benefits under section 99. Where the employee is entitled only to a deferred annuity under this plan, the amounts paid as pension benefits under section 99 are deducted only from the amount of contributions relating to service credited in accordance with sections 85.3 and 98 if that pension is more advantageous than the benefits under this plan.
1973, c. 12, s. 50; 1983, c. 24, s. 1; 1985, c. 18, s. 9; 1987, c. 107, s. 176; 1990, c. 87, s. 49; 2004, c. 39, s. 103; 2009, c. 56, s. 6.
58. When contributions are reimbursed, if amounts have been paid as pension benefits under this plan or a pension plan out of which the employee’s service has not been transferred to this plan on an actuarially equivalent value, the total amount of the contributions of the employee, excluding sums paid by the employee and for which a pension credit is granted, and, where such is the case, interest accrued on such contributions up to the date on which a pension became payable, is reduced by the amounts paid as pension benefits from the date on which the pension ceased to be paid and by any amount determined under the first and second paragraphs of section 41.12 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2). For every period during which no amount was paid as pension benefits, the balance of the contributions and any accrued interest bear interest, compounded annually, at the rate determined in Schedule VII in force on the first day of the month following the death and computed from that day.
However, if a pension is payable to the employee, spouse or child under section 99, the reimbursement of contributions provided for in sections 46 and 47 does not include contributions relating to service credited in accordance with sections 85.3 and 98. In that case, the first paragraph of this section applies, at the time the pension becomes payable, in respect of other contributions but without taking into account the amounts paid as pension benefits under section 99. Where the employee is entitled only to a deferred annuity under this plan, the amounts paid as pension benefits under section 99 are deducted only from the amount of contributions relating to service credited in accordance with sections 85.3 and 98 if that pension is more advantageous than the benefits under this plan.
1973, c. 12, s. 50; 1983, c. 24, s. 1; 1985, c. 18, s. 9; 1987, c. 107, s. 176; 1990, c. 87, s. 49; 2004, c. 39, s. 103.
58. When contributions are reimbursed, if amounts have been paid as pension benefits under this plan or a pension plan out of which the employee’s service has not been transferred to this plan on an actuarially equivalent value, the total amount of the contributions of the employee, excluding sums paid by the employee and for which a pension credit is granted, and, where such is the case, interest accrued on such contributions up to the date on which a pension became payable, is reduced by the amounts paid as pension benefits from the date on which the pension ceased to be paid and by any amount determined under the first and second paragraphs of section 41.12 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2). The balance of the contributions and, where such is the case, of the accrued interest shall bear interest from that date, at the rate in force on the date of reimbursement for every period during which no amount was paid as pension benefits.
However, if a pension is payable to the employee, spouse or child under section 99, the reimbursement of contributions provided for in sections 46 and 47 does not include contributions relating to service credited in accordance with sections 85.3 and 98. In that case, the first paragraph of this section applies, at the time the pension becomes payable, in respect of other contributions but without taking into account the amounts paid as pension benefits under section 99. Where the employee is entitled only to a deferred annuity under this plan, the amounts paid as pension benefits under section 99 are deducted only from the amount of contributions relating to service credited in accordance with sections 85.3 and 98 if that pension is more advantageous than the benefits under this plan.
1973, c. 12, s. 50; 1983, c. 24, s. 1; 1985, c. 18, s. 9; 1987, c. 107, s. 176; 1990, c. 87, s. 49; 2004, c. 39, s. 103.
58. When contributions are reimbursed, if amounts have been paid as pension benefits under this plan or a pension plan out of which the employee’s service has not been transferred to this plan on an actuarially equivalent value, the total amount of the contributions of the employee, excluding sums paid by the employee and for which a pension credit is granted, and, where such is the case, interest accrued on such contributions up to the date on which a pension became payable, is reduced by the amounts paid as pension benefits from the date on which the pension ceased to be paid. The balance of the contributions and, where such is the case, of the accrued interest shall bear interest from that date, at the rate in force on the date of reimbursement for every period during which no amount was paid as pension benefits.
However, if a pension is payable to the employee, spouse or child under section 99, the reimbursement of contributions provided for in sections 46 and 47 does not include contributions relating to service credited in accordance with sections 85.3 and 98. In that case, the first paragraph of this section applies, at the time the pension becomes payable, in respect of other contributions but without taking into account the amounts paid as pension benefits under section 99. Where the employee is entitled only to a deferred annuity under this plan, the amounts paid as pension benefits under section 99 are deducted only from the amount of contributions relating to service credited in accordance with sections 85.3 and 98 if that pension is more advantageous than the benefits under this plan.
1973, c. 12, s. 50; 1983, c. 24, s. 1; 1985, c. 18, s. 9; 1987, c. 107, s. 176; 1990, c. 87, s. 49.
58. When contributions are reimbursed, if amounts have been paid as pension benefits under this plan or a pension plan out of which the employee’s service has not been transferred to this plan on an actuarially equivalent value, the total amount of the contributions of the employee, excluding sums paid by the employee and for which a pension credit is granted, and, where such is the case, interest accrued on such contributions up to the date on which a pension became payable, is reduced by the amounts paid as pension benefits from the date on which the pension ceased to be paid. The balance of the contributions and, where such is the case, of the accrued interest shall bear interest from that date, at the rate in force on the date of reimbursement for every period during which no amount was paid as pension benefits.
However, if a pension is payable to the employee, spouse or child under section 99, the reimbursement of contributions provided for in sections 46 to 48 does not include contributions relating to service credited in accordance with sections 85.3 and 98. In that case, the first paragraph of this section applies, at the time the pension becomes payable, in respect of other contributions but without taking into account the amounts paid as pension benefits under section 99. Where the employee is entitled only to a deferred annuity under this plan or where he has applied for a deferred annuity under section 48, the amounts paid as pension benefits under section 99 are deducted only from the amount of contributions relating to service credited in accordance with sections 85.3 and 98 if that pension is more advantageous than the benefits under this plan.
1973, c. 12, s. 50; 1983, c. 24, s. 1; 1985, c. 18, s. 9; 1987, c. 107, s. 176.
58. If the total amount of the contributions of the employee and, as the case may be, of the interest paid under this plan, including the accrued interest until the date on which the pension became payable, exceeds the amounts paid as pension to an employee and pension paid to the spouse of the employee, and paid, as the case may be, pursuant to section 99, the excess amount is paid in a single payment to the assigns of the employee.
Where amounts have been paid as pension and the employee thereafter has held an employment contemplated in this plan, the total amount of the contributions of the employee and, as the case may be, of the interest paid under this plan, including the accrued interest until the date on which the pension became payable, is reduced by the amounts paid as pension from the date the employee again holds a contemplated employment.
The balance of the contributions and, as the case may be, of the interest paid under this plan, bears interest at the rate in force on the date of reimbursement for every period during which the employee held an employment contemplated in the plan after retiring, and for which no amount was paid as pension.
1973, c. 12, s. 50; 1983, c. 24, s. 1; 1985, c. 18, s. 9.
58. If the total amount of the contributions of the employee, including the accrued interest until the date on which the pension became payable, exceeds the amounts paid as pension to an employee and pension paid to the spouse of the employee, and paid, as the case may be, pursuant to section 99, the excess amount is paid in a single payment to the assigns of the employee.
Where amounts have been paid as pension and the employee thereafter has held an employment contemplated in this plan, the total amount of the contributions of the employee including the accrued interest until the date on which the pension became payable is reduced by the amounts paid as pension from the date the employee again holds a contemplated employment.
The balance of the contributions bears interest at the rate in force on the date of reimbursement for every period during which the employee held an employment contemplated in the plan after retiring, and for which no amount was paid as pension.
1973, c. 12, s. 50; 1983, c. 24, s. 1.
58. The pension is based on the average pensionable salary of the employee for his five best remunerated years of service, or for all his years of service if he has fewer than five to his credit.
Where, in the computation provided for in the first paragraph, one or more fractions of a year of service are taken into account, the complement of a year of service and the corresponding average pensionable salary shall be obtained from another year of service included among the best remunerated such years.
1973, c. 12, s. 50.
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