85.1. Every female employee who was granted a maternity leave while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan may be credited, without contributions and up to 90 contributory days, for pension purposes under this plan, with the days of a maternity leave which was in progress on 1 July 1965 or which began after that date but ended before 1 July 1976, provided the 90-day period allows the employee to complete 95% or more of the school year in which she was granted the maternity leave.
Every female employee who was granted a maternity leave may be credited, without contributions and up to 120 contributory days, for pension purposes under this plan, with the days of the maternity leave which was in progress on 1 July 1976 or which began after that date but ended before 1 July 1983.
To be credited with the days of the maternity leave, the employee referred to in the first or second paragraph is required to have contributed to the pension fund of officers of education established by Part VIII of the Education Act, the Teachers Pension Plan, the Civil Service Superannuation Plan or this plan, as the case may be, during the 12 months preceding the beginning of the maternity leave, and to have contributed again to the Teachers Pension Plan, the Civil Service Superannuation Plan or this plan during the two years following the year in which the maternity leave ended even if, in the last two cases, the employee referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time she again contributed.
The contributions paid by the employee to redeem the maternity leave pursuant to the provisions relating to the redemption of period of absence without pay are reimbursed without interest if the period of absence was redeemed while the Teachers Pension Plan or the Civil Service Superannuation Plan was applicable to her and the sums paid by the employee are reimbursed with interest if the period of absence was redeemed while this plan was applicable to her. In this last case, the interest is compounded annually, at the rates determined in Schedule VI until the date the application is received at the Commission and at the rate determined in Schedule VII from the day following that date until the date the refund is paid. However, if the period redeemed in respect of a maternity leave which ended before 1 July 1976 exceeds 100 days, the maternity leave cannot be credited without contributions and the contributions or, as the case may be, the sums paid by the employee cannot be reimbursed. If the period redeemed in respect of a maternity leave in progress on 1 July 1976, or which began after that date, exceeds the period credited pursuant to this section, the balance of the redeemed period remains credited to the account of the employee even if it is less than 30 days.
1982, c. 51, s. 30; 1983, c. 24, s. 1; 1987, c. 47, s. 38; 1990, c. 87, s. 54; 1991, c. 14, s. 16; 2002, c. 30, s. 73; 2004, c. 39, s. 115.