R-11 - Act respecting the Teachers Pension Plan

Section 47 Disposition versions

1990-09-01

47. Each child of the pensioner, of the teacher or, as the case may be, of the beneficiary of a pension contemplated in sections 50 and 53 who is unmarried and is under 18 years of age, or under 21 years of age if he is a full-time student in an educational institution designated in Schedule I or in any other institution designated by regulation, is entitled to receive, as a pension,

(1)  if a pension is paid to the spouse, 10% of the pension used as the basis for computing the spouse’s pension, reduced as in section 38;

(2)  if the pensioner, the teacher or, as the case may be, the beneficiary has no spouse entitled to a pension, 20% of the pension that would have been used as the basis for computing the spouse’s pension, reduced as in section 38;

(3)  if the spouse of the pensioner, of the teacher or, as the case may be, of the beneficiary dies while receiving a pension, 20% of the pension used as the basis for computing the spouse’s pension and indexed from the death of the pensioner, of the teacher or, as the case may be, of the beneficiary, reduced as in section 38.

However, where there are more than four children, an amount representing 10% or 20% of the pension, as the case may be, multiplied by 4, is divided equally among all the children.

1965 (1st sess.), c. 68, s. 27; 1966-67, c. 64, s. 14; 1970, c. 56, s. 23; 1977, c. 23, s. 31; 1982, c. 33, s. 29; 1983, c. 24, s. 2; 1990, c. 5, s. 32.

1983-07-01

47. Each child of the pensioner, of the teacher or, as the case may be, of the beneficiary of a pension contemplated in sections 50 and 53 who is unmarried and is under 18 years of age, or under 21 years of age if he is a full-time student in an educational institution designated in Schedule I or in any other institution designated by regulation, is entitled to receive, as a pension,

(1)  if a pension is paid to the spouse, 10% of the pension used as the basis for computing the spouse’s pension, reduced as in section 38;

(2)  if the pensioner,the teacher or, as the case may be, the beneficiary has no spouse, 20% of the pension that would have been used as the basis for computing the spouse’s pension, reduced as in section 38;

(3)  if the spouse of the pensioner, of the teacher or, as the case may be, of the beneficiary dies while receiving a pension, 20% of the pension used as the basis for computing the spouse’s pension and indexed from the death of the pensioner, of the teacher or, as the case may be, of the beneficiary, reduced as in section 38.

However, where there are more than four children, an amount representing 10% or 20% of the pension, as the case may be, multiplied by 4, is divided equally among all the children.

1965 (1st sess.), c. 68, s. 27; 1966-67, c. 64, s. 14; 1970, c. 56, s. 23; 1977, c. 23, s. 31; 1982, c. 33, s. 29; 1983, c. 24, s. 2.

1982-06-23

47. The Government, by regulation, may:

(a)  designate the teachers’ associations and the agencies in the field of education for which a teacher’s services constitute a position contemplated by this act and determine the conditions thereof;

(b)  fix the conditions upon which a teacher on leave without pay or engaged in specialized studies, or who teaches temporarily under an authority with whom no agreement has been made under section 44, shall be deemed to hold a position contemplated by this act;

(c)  determine what constitutes a physical or mental infirmity which renders a teacher unable to perform his ordinary duties;

(d)  prescribe the documents required to establish the right to the pension, widow’s or widower’s pension, deferred pension or any other benefit payable under this act as well as periodic verification;

(e)  define what constitutes a pedagogical or educational position;

(f)  define what constitutes a teaching institution for the purposes of sections 22, 23 and 24;

(g)  establish, in accordance with section 31.2, new rates of contribution.

Every regulation made under this act shall come into force from its publication in the Gazette officielle du Québec or on any later date indicated therein.

1965 (1st sess.), c. 68, s. 27; 1966-67, c. 64, s. 14; 1970, c. 56, s. 23; 1977, c. 23, s. 31; 1982, c. 33, s. 29.

1977-12-31

47. The Government, by regulation, may:

(a)  designate the teachers’ associations and the agencies in the field of education for which a teacher’s services constitute a position contemplated by this act and determine the conditions thereof;

(b)  fix the conditions upon which a teacher on leave without pay or engaged in specialized studies, or who teaches temporarily under an authority with whom no agreement has been made under section 44, shall be deemed to hold a position contemplated by this act;

(c)  determine what constitutes a physical or mental infirmity which renders a teacher unable to perform his ordinary duties;

(d)  prescribe the documents required to establish the right to the pension, widow’s or widower’s pension, deferred pension or any other benefit payable under this act as well as periodic verification;

(e)  define what constitutes a pedagogical or educational position;

(f)  define what constitutes a teaching institution for the purposes of sections 22, 23 and 24.

Every regulation made under this act shall come into force from its publication in the Gazette officielle du Québec or on any later date indicated therein.

1965 (1st sess.), c. 68, s. 27; 1966-67, c. 64, s. 14; 1970, c. 56, s. 23; 1977, c. 23, s. 31.