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

Section 163.1 Disposition versions

2022-06-08

163.1. If an employee or former employee and their spouse of the opposite or the same sex have ceased living together and neither was married or in a civil union on the date on which they ceased living together, and provided that the spouse had been living in a conjugal relationship with the employee or former employee and had been publicly represented as the employee’s or former employee’s spouse for a period of not less than three years immediately prior to the date on which they ceased living together, or provided that, during the year preceding that date, the spouse was living in a conjugal relationship with the employee or former employee and

(1)  a child was or is to be born of their union,

(2)  they adopted a child together, or

(3)  one of them adopted a child of the other,

they may agree, within 12 months following the date on which they ceased living together and on the conditions and according to the terms prescribed by regulation, to a partition of the benefits accrued by the employee or former employee under the pension plan; such an agreement may not, however, confer on the spouse more than 50% of the value of such benefits.

For that purpose, the employee or former employee and the spouse are entitled to obtain, upon application made to Retraite Québec on the conditions and according to the terms prescribed by regulation, a statement setting out the value of the benefits accrued by the employee or former employee under this plan, established as at the date on which they ceased living together, and any other information determined by the regulation.

2018, c. 4, s. 66; 2022, c. 22, s. 288.

2019-01-01

163.1. If an employee or former employee and his or her spouse of the opposite or the same sex have ceased living together and neither was married or in a civil union on the date on which they ceased living together, and provided that the spouse had been living in a conjugal relationship with the employee or former employee and had been publicly represented as the employee’s or former employee’s spouse for a period of not less than three years immediately prior to the date on which they ceased living together, or provided that, during the year preceding that date, the spouse was living in a conjugal relationship with the employee or former employee and

(1)  a child was or is to be born of their union,

(2)  they adopted a child together, or

(3)  one of them adopted a child of the other,

they may agree, within 12 months following the date on which they ceased living together and on the conditions and according to the terms prescribed by regulation, to a partition of the benefits accrued by the employee or former employee under the pension plan; such an agreement may not, however, confer on the spouse more than 50% of the value of such benefits.

For that purpose, the employee or former employee and the spouse are entitled to obtain, upon application made to Retraite Québec on the conditions and according to the terms prescribed by regulation, a statement setting out the value of the benefits accrued by the employee or former employee under this plan, established as at the date on which they ceased living together, and any other information determined by the regulation.

2018, c. 4, s. 66.