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

Section 39 Disposition versions

2022-06-08

39. The amount required of the employee to pay the cost of redemption provided for in section 38 or 118 is equal to 200% of the contributions that would have been deducted under this plan from the pensionable salary the employee would have received if the employee had not been absent during the period covered by the application according to the number of days and parts of a day to be redeemed out of the number of pensionable days, calculated on the basis of the applicable annual remuneration.

However, in cases where the application for redemption of a period of absence without pay is received by Retraite Québec more than six months after the end of the period of absence, the amount required of the employee to pay the redemption costs is determined in accordance with the tariff established by regulation, on the basis of the pensionable salary at the time of receipt of the employee’s application, according to the number of days and parts of a day to be redeemed out of the pensionable days, calculated on the basis of the annual remuneration. The tariff may vary according to the employee’s age, the reason for the absence, the year of service covered by the redemption and the date of receipt of the application. The regulation may prescribe, in addition to a minimum cost, the terms and conditions governing the application of the tariff and the rules for determining the pensionable salary of the employee who is not receiving a salary on the date of receipt of their application.

For the purposes of the second paragraph, the limit provided for in section 30 is not applicable to the pensionable salary used to establish the cost of redeeming a period of absence in progress before 1 January 1992.

A regulation enacted under this section may have effect 12 months or less before its adoption.

2001, c. 31, s. 39; 2002, c. 30, s. 127; 2004, c. 39, s. 223; 2010, c. 29, s. 20; 2015, c. 20, s. 61; 2022, c. 22, s. 288.

2016-01-01

39. The amount required of the employee to pay the cost of redemption provided for in section 38 or 118 is equal to 200% of the contributions that would have been deducted under this plan from the pensionable salary the employee would have received if the employee had not been absent during the period covered by the application according to the number of days and parts of a day to be redeemed out of the number of pensionable days, calculated on the basis of the applicable annual remuneration.

However, in cases where the application for redemption of a period of absence without pay is received by Retraite Québec more than six months after the end of the period of absence, the amount required of the employee to pay the redemption costs is determined in accordance with the tariff established by regulation, on the basis of the pensionable salary at the time of receipt of the employee’s application, according to the number of days and parts of a day to be redeemed out of the pensionable days, calculated on the basis of the annual remuneration. The tariff may vary according to the employee’s age, the reason for the absence, the year of service covered by the redemption and the date of receipt of the application. The regulation may prescribe, in addition to a minimum cost, the terms and conditions governing the application of the tariff and the rules for determining the pensionable salary of the employee who is not receiving a salary on the date of receipt of his or her application.

For the purposes of the second paragraph, the limit provided for in section 30 is not applicable to the pensionable salary used to establish the cost of redeeming a period of absence in progress before 1 January 1992.

A regulation enacted under this section may have effect 12 months or less before its adoption.

2001, c. 31, s. 39; 2002, c. 30, s. 127; 2004, c. 39, s. 223; 2010, c. 29, s. 20; 2015, c. 20, s. 61.

2011-01-01

39. The amount required of the employee to pay the cost of redemption provided for in section 38 or 118 is equal to 200% of the contributions that would have been deducted under this plan from the pensionable salary the employee would have received if the employee had not been absent during the period covered by the application according to the number of days and parts of a day to be redeemed out of the number of pensionable days, calculated on the basis of the applicable annual remuneration.

However, in cases where the application for redemption of a period of absence without pay is received by the Commission more than six months after the end of the period of absence, the amount required of the employee to pay the redemption costs is determined in accordance with the tariff established by regulation, on the basis of the pensionable salary at the time of receipt of the employee’s application, according to the number of days and parts of a day to be redeemed out of the pensionable days, calculated on the basis of the annual remuneration. The tariff may vary according to the employee’s age, the reason for the absence, the year of service covered by the redemption and the date of receipt of the application. The regulation may prescribe, in addition to a minimum cost, the terms and conditions governing the application of the tariff and the rules for determining the pensionable salary of the employee who is not receiving a salary on the date of receipt of his or her application.

For the purposes of the second paragraph, the limit provided for in section 30 is not applicable to the pensionable salary used to establish the cost of redeeming a period of absence in progress before 1 January 1992.

A regulation enacted under this section may have effect 12 months or less before its adoption.

2001, c. 31, s. 39; 2002, c. 30, s. 127; 2004, c. 39, s. 223; 2010, c. 29, s. 20.

2005-01-01

39. The amount required of the employee to pay the cost of redemption provided for in section 38 or 118 is equal to 200% of the contributions that would have been deducted under this plan from the pensionable salary the employee would have received if the employee had not been absent during the period covered by the application according to the number of days and parts of a day to be redeemed out of the number of pensionable days, calculated on the basis of the applicable annual remuneration.

However, in cases where the application for redemption of a period of absence without pay is received by the Commission more than six months after the end of the period of absence, the amount required of the employee to pay the redemption costs is determined in accordance with the tariff established by regulation, on the basis of the pensionable salary at the time of receipt of the employee’s application, according to the number of days and parts of a day to be redeemed out of the pensionable days, calculated on the basis of the annual remuneration. The tariff may vary according to the employee’s age, the reason for the absence, the year of service covered by the redemption and the date of receipt of the application. The regulation may prescribe the terms and conditions governing the application of the tariff and the rules for determining the pensionable salary of the employee who is not receiving a salary on the date of receipt of his or her application.

For the purposes of the second paragraph, the limit provided for in section 30 is not applicable to the pensionable salary used to establish the cost of redeeming a period of absence in progress before 1 January 1992.

A regulation enacted under this section may have effect 12 months or less before its adoption.

2001, c. 31, s. 39; 2002, c. 30, s. 127; 2004, c. 39, s. 223.

2002-06-14

39. The amount required of the employee to pay the cost of redemption provided for in section 38 or 118 is equal to 200 % of the contributions that would have been deducted under this plan from the pensionable salary the employee would have received if the employee had not been absent during the period covered by the application according to the number of days and parts of a day to be redeemed out of the number of pensionable days, calculated on the basis of the applicable annual remuneration.

However, in cases where the application for redemption of a period of absence without pay is received by the Commission more than six months after the end of the period of absence, the amount required of the employee to pay the redemption costs is determined in accordance with the tariff established by regulation, on the basis of the pensionable salary established under section 25 at the time of receipt of the employee’s application, according to the number of days and parts of a day to be redeemed out of the pensionable days, calculated on the basis of the annual remuneration. The tariff may vary according to the employee’s age, the reason for the absence, the year of service covered by the redemption and the date of receipt of the application. The regulation may prescribe the terms and conditions governing the application of the tariff and the rules for determining the pensionable salary of the employee who is not receiving a salary on the date of receipt of his or her application.

A regulation enacted under this section may have effect 12 months or less before its adoption.

2001, c. 31, s. 39; 2002, c. 30, s. 127.

2001-06-21

39. If the application to redeem a leave without pay authorized by the employer is not received within six months following the return to work in the case of a full-time leave without pay, or within six months following the end of the authorized leave in the case of a part-time leave without pay, the amount required to pay the cost of redemption is increased by interest at the rate in force on the date of receipt of the application. The interest is computed from the end of the sixth month following the return to work or, in the case of a part-time leave without pay, from the end of the sixth month following the end of the authorized leave, until the date of receipt of the application, and is compounded annually.

2001, c. 31, s. 39.