79. When contributions are refunded, if amounts have been paid as pension under this plan or a pension plan out of which the employee’s service has not been transferred to this plan on an actuarially equivalent basis, the total amount of the contributions of the employee, and interest accrued, if any, on such contributions up to the date on which a pension became payable, is reduced by the amounts paid as pension from the date on which the pension ceased to be paid and by any amount established under the first and second paragraphs of section 41.12 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2). The balance of the contributions and of accrued interest, if any, shall bear interest from that date, at the rate in force on the date of refund for every period during which no amount was paid as pension.
However, if a pension is payable to an employee, spouse or child under section 140, the refund of contributions provided for in sections 67 and 70 does not include contributions relating to service credited in accordance with sections 130 and 139. In that case, the first paragraph of this section applies, at the time the pension becomes payable, in respect of other contributions but without taking into account the amounts paid as pension under section 140. Where the employee is entitled only to a deferred pension under this plan, the amounts paid as pension under section 140 are deducted only from the amount of contributions relating to service credited in accordance with sections 130 and 139 if that pension is more advantageous than the benefits under this plan.
2001, c. 31, s. 79; 2004, c. 39, s. 238.