R-12.1 - Act respecting the Pension Plan of Management Personnel

Section 139 Disposition versions

2022-06-08

139. Every person who has become a member of this plan pursuant to the third paragraph of section 23, except where the person makes the election provided for therein, shall be credited, for pension purposes, with the years or parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded to the person.

The employee, other than the person referred to in the first paragraph, may be credited, for pension purposes, with the years and parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded, if the person is not a pensioner under either of those plans, if the person ceases to be a member of either of those plans before 1 January 1991 and if the person has been a member of the Government and Public Employees Retirement Plan before that date. Notwithstanding the fact that no application to that effect has been made by the employee, the years and parts of a year of service shall be credited to the employee upon computation of any pension unless the employee gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 163 or 163.1, Retraite Québec shall assess the benefits accrued under this plan and, where applicable, shall pay the sums awarded to the spouse after including such years and parts of a year of service.

Where an employee is not covered by the first or the second paragraph or has not made the election provided for in sections 13 and 215.0.0.1.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as they read on 31 December 2000, the years and parts of a year of service shall be added, solely for purposes of eligibility for a pension, to the service credited to the employee under this plan, provided the employee has not received or is not entitled to a refund of contributions under the Teachers Pension Plan or the Civil Service Superannuation Plan and provided the employee is not a pensioner under either of those plans when the employee ceases to be a member of this plan.

2001, c. 31, s. 139; 2015, c. 20, s. 61; 2018, c. 4, s. 57; 2022, c. 22, s. 288.

2019-01-01

139. Every person who has become a member of this plan pursuant to the third paragraph of section 23, except where the person makes the election provided for therein, shall be credited, for pension purposes, with the years or parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded to the person.

The employee, other than the person referred to in the first paragraph, may be credited, for pension purposes, with the years and parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded, if the person is not a pensioner under either of those plans, if the person ceases to be a member of either of those plans before 1 January 1991 and if the person has been a member of the Government and Public Employees Retirement Plan before that date. Notwithstanding the fact that no application to that effect has been made by the employee, the years and parts of a year of service shall be credited to the employee upon computation of any pension unless the employee gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 163 or 163.1, Retraite Québec shall assess the benefits accrued under this plan and, where applicable, shall pay the sums awarded to the spouse after including such years and parts of a year of service.

Where an employee is not covered by the first or the second paragraph or has not made the election provided for in sections 13 and 215.0.0.1.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as they read on 31 December 2000, the years and parts of a year of service shall be added, solely for purposes of eligibility for a pension, to the service credited to the employee under this plan, provided the employee has not received or is not entitled to a refund of contributions under the Teachers Pension Plan or the Civil Service Superannuation Plan and provided the employee is not a pensioner under either of those plans when he or she ceases to be a member of this plan.

2001, c. 31, s. 139; 2015, c. 20, s. 61; 2018, c. 4, s. 57.

2016-01-01

139. Every person who has become a member of this plan pursuant to the third paragraph of section 23, except where the person makes the election provided for therein, shall be credited, for pension purposes, with the years or parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded to the person.

The employee, other than the person referred to in the first paragraph, may be credited, for pension purposes, with the years and parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded, if the person is not a pensioner under either of those plans, if the person ceases to be a member of either of those plans before 1 January 1991 and if the person has been a member of the Government and Public Employees Retirement Plan before that date. Notwithstanding the fact that no application to that effect has been made by the employee, the years and parts of a year of service shall be credited to the employee upon computation of any pension unless the employee gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 163, Retraite Québec shall assess the benefits accrued under this plan and, where applicable, shall pay the sums awarded to the spouse after including such years and parts of a year of service.

Where an employee is not covered by the first or the second paragraph or has not made the election provided for in sections 13 and 215.0.0.1.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as they read on 31 December 2000, the years and parts of a year of service shall be added, solely for purposes of eligibility for a pension, to the service credited to the employee under this plan, provided the employee has not received or is not entitled to a refund of contributions under the Teachers Pension Plan or the Civil Service Superannuation Plan and provided the employee is not a pensioner under either of those plans when he or she ceases to be a member of this plan.

2001, c. 31, s. 139; 2015, c. 20, s. 61.

2001-06-21

139. Every person who has become a member of this plan pursuant to the third paragraph of section 23, except where the person makes the election provided for therein, shall be credited, for pension purposes, with the years or parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded to the person.

The employee, other than the person referred to in the first paragraph, may be credited, for pension purposes, with the years and parts of a year of service credited under the Teachers Pension Plan or the Civil Service Superannuation Plan if the person’s contributions have not been refunded, if the person is not a pensioner under either of those plans, if the person ceases to be a member of either of those plans before 1 January 1991 and if the person has been a member of the Government and Public Employees Retirement Plan before that date. Notwithstanding the fact that no application to that effect has been made by the employee, the years and parts of a year of service shall be credited to the employee upon computation of any pension unless the employee gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 163, the Commission shall assess the benefits accrued under this plan and, where applicable, shall pay the sums awarded to the spouse after including such years and parts of a year of service.

Where an employee is not covered by the first or the second paragraph or has not made the election provided for in sections 13 and 215.0.0.1.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) as they read on 31 December 2000, the years and parts of a year of service shall be added, solely for purposes of eligibility for a pension, to the service credited to the employee under this plan, provided the employee has not received or is not entitled to a refund of contributions under the Teachers Pension Plan or the Civil Service Superannuation Plan and provided the employee is not a pensioner under either of those plans when he or she ceases to be a member of this plan.

2001, c. 31, s. 139.