R-11 - Act respecting the Teachers Pension Plan

Section 21 Disposition versions

2016-01-01

21. A teacher who has had a period of absence without pay at a time he or she held pensionable employment may, if the teacher applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time teacher holding similar employment.

To redeem a period of absence, a teacher must be contributing to the plan on the date the application is received by Retraite Québec which must be subsequent to the date of the end of the period of absence except if pursuant to section 18 or 19 the teacher does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the teacher is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the teacher contributed after the period of absence, if the teacher’s application for redemption and pension application are received simultaneously by Retraite Québec.

For the purposes of the second paragraph, a teacher who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the teacher holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to his or her participation in any such plan if the application was received while the teacher was participating in this plan.

A teacher who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

With respect to the person referred to in section 8.8 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the eligibility for a pension provided for in the second paragraph refers to the pension accrued under the Government and Public Employees Retirement Plan.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60; 1997, c. 50, s. 63; 2001, c. 31, s. 369; 2002, c. 30, s. 78; 2004, c. 39, s. 185; 2007, c. 43, s. 98; 2015, c. 20, s. 61.

2010-04-01

21. A teacher who has had a period of absence without pay at a time he or she held pensionable employment may, if the teacher applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time teacher holding similar employment.

To redeem a period of absence, a teacher must be contributing to the plan on the date the application is received by the Commission which must be subsequent to the date of the end of the period of absence except if pursuant to section 18 or 19 the teacher does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the teacher is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the teacher contributed after the period of absence, if the teacher’s application for redemption and pension application are received simultaneously by the Commission.

For the purposes of the second paragraph, a teacher who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the teacher holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to his or her participation in any such plan if the application was received while the teacher was participating in this plan.

A teacher who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

With respect to the person referred to in section 8.8 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the eligibility for a pension provided for in the second paragraph refers to the pension accrued under the Government and Public Employees Retirement Plan.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60; 1997, c. 50, s. 63; 2001, c. 31, s. 369; 2002, c. 30, s. 78; 2004, c. 39, s. 185; 2007, c. 43, s. 98.

2005-01-01

21. A teacher who has had a period of absence without pay at a time he or she held pensionable employment may, if the teacher applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time teacher holding similar employment.

The teacher may not be credited with less than 10 pensionable days in respect of the same school or calendar year, as the case may be, unless the number of days is less than 10. In such a case, the teacher may be credited with all those days.

To redeem a period of absence, a teacher must be contributing to the plan on the date the application is received by the Commission which must be subsequent to the date of the end of the period of absence except if pursuant to section 18 or 19 the teacher does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the teacher is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the teacher contributed after the period of absence, if the teacher’s application for redemption and pension application are received simultaneously by the Commission.

For the purposes of the third paragraph, a teacher who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the teacher holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to his or her participation in any such plan if the application was received while the teacher was participating in this plan.

A teacher who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

With respect to the person referred to in section 8.8 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the eligibility for a pension provided for in the third paragraph refers to the pension accrued under the Government and Public Employees Retirement Plan.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60; 1997, c. 50, s. 63; 2001, c. 31, s. 369; 2002, c. 30, s. 78; 2004, c. 39, s. 185.

2002-06-14

21. A teacher who has had a period of absence without pay at a time he or she held pensionable employment may, if the teacher applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20 % of the regular time of a full-time teacher holding similar employment.

The teacher may not be credited with less than 10 pensionable days in respect of the same school or calendar year, as the case may be, unless the number of days is less than 10. In such a case, the teacher may be credited with all those days.

To redeem a period of absence, a teacher must be contributing to the plan on the date the application is received by the Commission which must be subsequent to the date of the end of the period of absence except if pursuant to section 18 or 19 the teacher does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the teacher is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the teacher contributed after the period of absence, if the teacher’s application for redemption and pension application are received simultaneously by the Commission.

For the purposes of the third paragraph, a teacher who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Civil Service Superannuation Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the teacher holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to his or her participation in any such plan if the application was received while the teacher was participating in this plan.

A teacher who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60; 1997, c. 50, s. 63; 2001, c. 31, s. 369; 2002, c. 30, s. 78.

2001-06-21

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds pensionable employment under this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace Officers in Correctional Services, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel, even if, in the latter two cases, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he avails himself of an agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of that leave or, if such is the case, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60; 1997, c. 50, s. 63; 2001, c. 31, s. 369.

1997-07-01

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds pensionable employment under this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace Officers in Correctional Services or the Government and Public Employees Retirement Plan, even if, in the latter case, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he avails himself of an agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of that leave or, if such is the case, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60; 1997, c. 50, s. 63.

1992-12-22

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds pensionable employment under this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace Officers in Correctional Services or the Government and Public Employees Retirement Plan, even if, in the latter case, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he avails himself of an agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of that leave or, if such is the case, from the end of the leave without pay immediately following the maternity leave.

If the teacher held pensionable employment under this plan or the Government and Public Employees Retirement Plan during his leave without pay, he may be credited under this plan with the days and parts of a day of service credited during that period under the Government and Public Employees Retirement Plan, unless his contributions have been refunded to him or unless he is a pensioner under the plan. Where such days and parts of a day are so credited to him, all sums deposited with the Caisse de dépôt et placement du Québec in respect of such days and parts of a day, after deduction of those reimbursed in accordance with the third paragraph, shall be transferred, with interest accrued to the date of transfer, to the consolidated revenue fund. The teacher must, in that case, cause the days and parts of a day during which he did not hold such employment to be credited to him in accordance with the first paragraph.

The difference between the contributions he would have had to pay under this plan and the contributions actually paid under the Government and Public Employees Retirement Plan during the period of leave without pay shall be added to the amount of contributions referred to in subparagraph 2 of the first paragraph or shall be reimbursed with accrued interest, if any, in accordance with the Act respecting the Government and Public Employees Retirement Plan.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105; 1992, c. 67, s. 60.

1991-01-01

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds pensionable employment under this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace Officers in Correctional Services or the Government and Public Employees Retirement Plan, even if, in the latter case, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he avails himself of an agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of that leave or, if such is the case, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70; 1990, c. 87, s. 105.

1990-01-01

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds pensionable employment under this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace Officers in Penal Institutions or the Government and Public Employees Retirement Plan, even if, in the latter case, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he avails himself of an agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of that leave or, if such is the case, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213; 1988, c. 82, s. 70.

1988-01-01

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds pensionable employment under this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace Officers in Penal Institutions or the Government and Public Employees Retirement Plan, even if, in the latter case, he is a member of the Pension Plan of Certain Teachers, from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he avails himself of an agreement of transferability respecting this plan entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of that leave or, if such is the case, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92; 1987, c. 107, s. 213.

1986-06-19

21. The days and parts of a day during which a teacher is on full-time or part-time leave without pay for a period of not less than 28 consecutive days are credited to the teacher who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been withheld from the salary he would have received had he not been on leave according, as the case may be, to the number of days or parts of days comprised in the leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds a position contemplated in this plan, in the Civil Service Superannuation Plan or in the Government and Public Employees Retirement Plan from the end of the last leave authorized by the employer in the case of a full-time leave without pay or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement or unless, upon his return, he transfers to the service of an employer with whom the Commission has entered into an agreement of transferability or, if the leave is followed by a maternity leave, from the end of that leave or, as the case may be, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32; 1986, c. 44, s. 92.

1985-06-20

21. The days and parts of a day during which a teacher is on leave without pay for a period of not less than 28 consecutive days are credited to the teacher if

(1)  he is authorized to take the leave by his employer;

(2)  he pays the contributions that would have been withheld from the salary he was receiving when he went on leave according, as the case may be, to the number of days or parts of days during which he was on leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  he holds a position contemplated in this plan, in the Civil Service Superannuation Plan or in the Government and Public Employees Retirement Plan from the end of his leave without pay, unless he has died or become disabled or entitled to retirement or unless, upon his return, he transfers to the service of an employer with whom the Commission has entered into an agreement of transferability or, if the leave is followed by a maternity leave, from the end of that leave or, as the case may be, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2; 1985, c. 18, s. 32.

1983-07-01

21. The days and parts of days during which a teacher is on leave without pay which extend over a period of not less than 30 consecutive days are credited to the teacher if

(1)  he is authorized to take the leave by his employer;

(2)  he pays the contributions that would have been withheld from the salary he was receiving when he went on leave according, as the case may be, to the number of days or parts of days during which he was on leave out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration;

(3)  he holds a position contemplated by this plan from the end of his leave without pay, unless he has died or become disabled or entitled to retirement or unless, upon his return, he transfers to the service of an employer with whom the Commission has entered into an agreement of transferability or, if the leave is followed by a maternity leave, from the end of that leave or, as the case may be, from the end of the leave without pay immediately following the maternity leave.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64; 1983, c. 24, s. 2.

1983-01-01

21. On the death of a pensioner, the widow or widower or, where such is the case, the assigns of the pensioner are entitled to receive, until the first day of the month following his death, the pension which the pensioner would otherwise have received.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18; 1982, c. 51, s. 64.

1977-12-31

21. When a superannuated teacher dies, such teacher’s pension continues until the first of the next month, and the widow or widower or, failing such, the heirs of the teacher are then entitled to receive the monthly payment due.

1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s. 18.