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R-11 - Act respecting the Teachers Pension Plan

Section 18
Disposition versions

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18. The days and parts of a day of a period during which a teacher receives salary insurance benefits, or during which he would receive such benefits were it not for the waiting period prescribed by the salary insurance plan or were he not receiving a disability benefit under the Act respecting the Québec Pension Plan (chapter R‐9) or an income replacement indemnity, financial assistance compensating a loss of income, financial assistance compensating certain disabilities or any other indemnity having the same effect under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Automobile Insurance Act (chapter A-25), the Act to promote good citizenship (chapter C-20), the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) or under any other Act, other than an Act of Québec, having the same effect, shall be credited, without contributions, up to three years of service.
However, the limit of three years of service prescribed in the first paragraph shall not apply in the case of a compulsory salary insurance plan in force on 31 December 1989 which, on that date, provides, in favour of certain groups of teachers covered by this plan, benefits payable up to the age of 65 years or up to the age of retirement providing the teacher belongs to one of those groups and the group’s participation in the salary insurance plan is maintained.
Notwithstanding the foregoing, if the salary insurance plan so provides, the insurer shall pay the contributions which would have been paid by the teacher, and they shall be credited to the account of the teacher.
The days and parts of a day during which a female teacher receives the income replacement indemnity provided for in section 36 of the Act respecting occupational health and safety (chapter S‐2.1) by reason of the exercise of a right granted under sections 40, 41 and 46 of the said Act, are credited with exemption from contributions.
1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62; 1983, c. 24, s. 2; 1987, c. 47, s. 95; 1989, c. 76, s. 5; 1992, c. 16, s. 11; 2000, c. 32, s. 51; 2021, c. 13, s. 152.
18. The days and parts of a day of a period during which a teacher receives salary insurance benefits, or during which he would receive such benefits were it not for the waiting period prescribed by the salary insurance plan or were he not receiving a disability benefit under the Act respecting the Québec Pension Plan (chapter R‐9) or an income replacement indemnity under the Act respecting industrial accidents and occupational diseases (chapter A‐3.001), the Automobile Insurance Act (chapter A‐25), the Act to promote good citizenship (chapter C‐20), the Crime Victims Compensation Act (chapter I‐6) or under any other Act, other than an Act of Québec, having the same effect, shall be credited, without contributions, up to three years of service.
However, the limit of three years of service prescribed in the first paragraph shall not apply in the case of a compulsory salary insurance plan in force on 31 December 1989 which, on that date, provides, in favour of certain groups of teachers covered by this plan, benefits payable up to the age of 65 years or up to the age of retirement providing the teacher belongs to one of those groups and the group’s participation in the salary insurance plan is maintained.
Notwithstanding the foregoing, if the salary insurance plan so provides, the insurer shall pay the contributions which would have been paid by the teacher, and they shall be credited to the account of the teacher.
The days and parts of a day during which a female teacher receives the income replacement indemnity provided for in section 36 of the Act respecting occupational health and safety (chapter S‐2.1) by reason of the exercise of a right granted under sections 40, 41 and 46 of the said Act, are credited with exemption from contributions.
1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62; 1983, c. 24, s. 2; 1987, c. 47, s. 95; 1989, c. 76, s. 5; 1992, c. 16, s. 11; 2000, c. 32, s. 51.
18. The days and parts of a day of a period during which a teacher receives salary insurance benefits, or during which he would receive such benefits were it not for the waiting period prescribed by the salary insurance plan or were he not receiving a disability benefit under the Act respecting the Québec Pension Plan (chapter R-9) or an income replacement indemnity under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Automobile Insurance Act (chapter A-25), the Act to promote good citizenship (chapter C-20), the Crime Victims Compensation Act (chapter I-6) or under any other Act, other than an Act of Québec, having the same effect, shall be credited, without contributions, up to two years of service.
However, the limit of two years of service prescribed in the first paragraph shall not apply in the case of a compulsory salary insurance plan in force on 31 December 1989 which, on that date, provides, in favour of certain groups of teachers covered by this plan, benefits payable up to the age of 65 years or up to the age of retirement providing the teacher belongs to one of those groups and the group’s participation in the salary insurance plan is maintained.
Notwithstanding the foregoing, if the salary insurance plan so provides, the insurer shall pay the contributions which would have been paid by the teacher, and they shall be credited to the account of the teacher.
The days and parts of a day during which a female teacher receives the income replacement indemnity provided for in section 36 of the Act respecting occupational health and safety (chapter S-2.1) by reason of the exercise of a right granted under sections 40, 41 and 46 of the said Act, are credited with exemption from contributions.
1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62; 1983, c. 24, s. 2; 1987, c. 47, s. 95; 1989, c. 76, s. 5; 1992, c. 16, s. 11.
18. The days and parts of a day of a period during which a teacher is entitled to salary insurance benefits are credited with exemption from contributions up to two years of service.
However, exemption from contributions shall continue as long as the teacher is entitled to salary insurance benefits under a compulsory plan in force on 31 December 1989 which, on that date, provides, in favour of certain groups of teachers covered by this plan, benefits payable up to the age of 65 years or up to the age of retirement providing the teacher belongs to one of those groups and the group’s participation in the salary insurance plan is maintained.
Notwithstanding the foregoing, if the salary insurance plan so provides, the insurer shall pay the contributions which would have been paid by the teacher, and they shall be credited to the account of the teacher.
The days and parts of a day during which a female teacher receives the income replacement indemnity provided for in section 36 of the Act respecting occupational health and safety (chapter S-2.1) by reason of the exercise of a right granted under sections 40, 41 and 46 of the said Act, are credited with exemption from contributions.
1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62; 1983, c. 24, s. 2; 1987, c. 47, s. 95; 1989, c. 76, s. 5.
18. The days and parts of a day during which a teacher is entitled to salary insurance benefits or during which a female teacher receives the income replacement indemnity provided for in section 36 of the Act respecting occupational health and safety (chapter S-2.1) by reason of the exercise of a right granted under section 40, 41 or 46 of the said Act, are credited with exemption from contributions.
However, in the case of salary insurance and if it so provides, the insurer shall pay the contributions that would have been paid by the teacher; the contributions are credited to the account of the teacher.
1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62; 1983, c. 24, s. 2; 1987, c. 47, s. 95.
18. The days and parts of days during which a teacher qualifies for salary insurance are credited with exemption from contribution.
However, the insurer shall pay the contributions that would have been paid by the teacher, if the salary insurance so provides; the contributions are credited to the teacher.
For the purposes of the plan, salary insurance is the teacher’s mandatory salary insurance.
1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62; 1983, c. 24, s. 2.
18. A teacher who becomes qualified for a pension under section 7, except the pension contemplated in subparagraph d of the first paragraph of that section, within two months after the end of a school year is entitled to his pension at the end of that school year.
1973, c. 12, s. 195; 1977, c. 23, s. 15; 1982, c. 51, s. 62.
18. When a teacher reaches compulsory retirement age, his employment shall cease plenojure and he shall be entitled to a pension. The teacher shall no longer accumulate service entitling him to a pension and the deduction provided for in section 31 ceases to apply to him.
However, the compulsory retirement age is deferred until the end of the school year in which the teacher attains such age.
Nevertheless, a teacher who attains his sixty-fifth birthday who or becomes qualified for a pension under subparagraph a, b, c or e of the first paragraph or under the last paragraph of section 7 within two months after the end of a school year is deemed to be qualified for his pension at the end of the said school year.
The employment of a teacher who is 64 years of age or over on 10 August 1977 ceases plenojure at the end of the school year 1977/1978.
1973, c. 12, s. 195; 1977, c. 23, s. 15.
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