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

Section 23 Disposition versions

2022-06-08

23. Notwithstanding any inconsistent provision of this Act, except the provisions of Chapter VIII, the Government may establish special provisions with respect to classes of employees it designates. Those provisions may also be inconsistent with the provisions on pension credits provided for in the Act respecting the Teachers Pension Plan (chapter R-11) except those provided for in Chapter V.1, in the Act respecting the Civil Service Superannuation Plan (chapter R-12) except Division III.1, in the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) except those provided for in Chapter VII.1 of Title I, and with the provisions of Title IV.2 of that Act. Division I of Chapter XI.2 does not apply to an employee belonging to a designated class of employees, but the employee may, in the year following the date on which a decision of Retraite Québec concerning the employee was sent, file an application for arbitration with Retraite Québec. The arbitrator shall be one of the arbitrators appointed under section 196.22, and sections 196.23 to 196.26 shall apply. However, an employee who belongs to a class so designated may elect not to be governed by the special provisions by filing an application to that effect with Retraite Québec within a period of one year from the day on which those provisions began to govern the employee, and the employee’s election shall apply from that day. The employee may, even after making that election, reconsider their decision and elect in favour of the special provisions by sending a notice to that effect to Retraite Québec, and the employee’s election shall apply from the date on which the notice is received by Retraite Québec.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who is a member of the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to be a member of the plan on the day preceding the day on which the person joins a class of employees designated under the first paragraph. In such a case, the person shall be a member of this plan from the day on which the person joins such a class. However, the person may elect to continue to be a member of the plan by filing an application to that effect with Retraite Québec within one year from the day on which the person becomes a member of this plan, and the person’s election shall apply from that day. After making that election, the person may reconsider their decision and elect to become a member of this plan and be governed by the special provisions established pursuant to the first paragraph by sending a notice to that effect to Retraite Québec, and the person’s election shall apply from the date on which the notice is received by Retraite Québec.

An employee who is a member of the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to become a member of this plan by sending a notice to that effect to Retraite Québec, and the employee’s election shall apply from the date on which the notice is received by Retraite Québec. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if the employee’s contributions have not been refunded to the employee or if the employee is not a pensioner under this plan. The employee shall continue to be entitled to the benefits or advantages available to the employee under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if the employee availed themself thereof before electing to become a member of this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility for and computation and payment of benefits.

An employee or a person who is a member of the Pension Plan of Peace Officers in Correctional Services ceases to be a member of that plan on the day before the day on which the employee or person becomes a member of a class of employees designated under the first paragraph. In that case, despite the second paragraph of section 6 and section 8.7 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the employee or person is a member of this plan from the day on which the employee or person becomes a member of such a class. The years and parts of a year of service credited under the Pension Plan of Peace Officers in Correctional Services and the years and parts of a year of service for which pension credit was granted under that Act must be credited under this plan on an actuarially equivalent basis established according to actuarial assumptions and methods that are determined by the Government and which may vary with the pension plans and benefits concerned.

In the case of a pensioner under the Pension Plan of Certain Teachers, the Teachers Pension Plan or the Civil Service Superannuation Plan who is a member of this plan and belongs to a class of employees designated under the first paragraph, the provisions of that paragraph apply, with the necessary modifications, notwithstanding any inconsistent provision of those plans, with the exception of the provisions concerning the partition and transfer of benefits between spouses.

2001, c. 31, s. 23; 2004, c. 39, s. 218; 2006, c. 49, s. 114; 2015, c. 20, s. 61; 2022, c. 22, s. 288.

2016-01-01

23. Notwithstanding any inconsistent provision of this Act, except the provisions of Chapter VIII, the Government may establish special provisions with respect to classes of employees it designates. Those provisions may also be inconsistent with the provisions on pension credits provided for in the Act respecting the Teachers Pension Plan (chapter R-11) except those provided for in Chapter V.1, in the Act respecting the Civil Service Superannuation Plan (chapter R-12) except Division III.1, in the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) except those provided for in Chapter VII.1 of Title I, and with the provisions of Title IV.2 of that Act. Division I of Chapter XI.2 does not apply to an employee belonging to a designated class of employees, but the employee may, in the year following the date on which a decision of Retraite Québec concerning the employee was sent, file an application for arbitration with Retraite Québec. The arbitrator shall be one of the arbitrators appointed under section 196.22, and sections 196.23 to 196.26 shall apply. However, an employee who belongs to a class so designated may elect not to be governed by the special provisions by filing an application to that effect with Retraite Québec within a period of one year from the day on which those provisions began to govern the employee, and the employee’s election shall apply from that day. The employee may, even after making that election, reconsider his or her decision and elect in favour of the special provisions by sending a notice to that effect to Retraite Québec, and the employee’s election shall apply from the date on which the notice is received by Retraite Québec.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who is a member of the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to be a member of his or her plan on the day preceding the day on which the person joins a class of employees designated under the first paragraph. In such a case, the person shall be a member of this plan from the day on which the person joins such a class. However, the person may elect to continue to be a member of his or her plan by filing an application to that effect with Retraite Québec within one year from the day on which the person becomes a member of this plan, and the person’s election shall apply from that day. After making that election, the person may reconsider his or her decision and elect to become a member of this plan and be governed by the special provisions established pursuant to the first paragraph by sending a notice to that effect to Retraite Québec, and the person’s election shall apply from the date on which the notice is received by Retraite Québec.

An employee who is a member of the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to become a member of this plan by sending a notice to that effect to Retraite Québec, and the employee’s election shall apply from the date on which the notice is received by Retraite Québec. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if the employee’s contributions have not been refunded to the employee or if the employee is not a pensioner under this plan. The employee shall continue to be entitled to the benefits or advantages available to him or her under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if the employee availed himself or herself thereof before electing to become a member of this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility for and computation and payment of benefits.

An employee or a person who is a member of the Pension Plan of Peace Officers in Correctional Services ceases to be a member of that plan on the day before the day on which the employee or person becomes a member of a class of employees designated under the first paragraph. In that case, despite the second paragraph of section 6 and section 8.7 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the employee or person is a member of this plan from the day on which the employee or person becomes a member of such a class. The years and parts of a year of service credited under the Pension Plan of Peace Officers in Correctional Services and the years and parts of a year of service for which pension credit was granted under that Act must be credited under this plan on an actuarially equivalent basis established according to actuarial assumptions and methods that are determined by the Government and which may vary with the pension plans and benefits concerned.

In the case of a pensioner under the Pension Plan of Certain Teachers, the Teachers Pension Plan or the Civil Service Superannuation Plan who is a member of this plan and belongs to a class of employees designated under the first paragraph, the provisions of that paragraph apply, with the necessary modifications, notwithstanding any inconsistent provision of those plans, with the exception of the provisions concerning the partition and transfer of benefits between spouses.

2001, c. 31, s. 23; 2004, c. 39, s. 218; 2006, c. 49, s. 114; 2015, c. 20, s. 61.

2007-06-01

23. Notwithstanding any inconsistent provision of this Act, except the provisions of Chapter VIII, the Government may establish special provisions with respect to classes of employees it designates. Those provisions may also be inconsistent with the provisions on pension credits provided for in the Act respecting the Teachers Pension Plan (chapter R-11) except those provided for in Chapter V.1, in the Act respecting the Civil Service Superannuation Plan (chapter R-12) except Division III.1, in the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) except those provided for in Chapter VII.1 of Title I, and with the provisions of Title IV.2 of that Act. Division I of Chapter XI.2 does not apply to an employee belonging to a designated class of employees, but the employee may, in the year following the date on which a decision of the Commission concerning the employee was sent, file an application for arbitration with the Commission. The arbitrator shall be one of the arbitrators appointed under section 196.22, and sections 196.23 to 196.26 shall apply. However, an employee who belongs to a class so designated may elect not to be governed by the special provisions by filing an application to that effect with the Commission within a period of one year from the day on which those provisions began to govern the employee, and the employee’s election shall apply from that day. The employee may, even after making that election, reconsider his or her decision and elect in favour of the special provisions by sending a notice to that effect to the Commission, and the employee’s election shall apply from the date on which the notice is received by the Commission.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who is a member of the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to be a member of his or her plan on the day preceding the day on which the person joins a class of employees designated under the first paragraph. In such a case, the person shall be a member of this plan from the day on which the person joins such a class. However, the person may elect to continue to be a member of his or her plan by filing an application to that effect with the Commission within one year from the day on which the person becomes a member of this plan, and the person’s election shall apply from that day. After making that election, the person may reconsider his or her decision and elect to become a member of this plan and be governed by the special provisions established pursuant to the first paragraph by sending a notice to that effect to the Commission, and the person’s election shall apply from the date on which the notice is received by the Commission.

An employee who is a member of the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to become a member of this plan by sending a notice to that effect to the Commission, and the employee’s election shall apply from the date on which the notice is received by the Commission. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if the employee’s contributions have not been refunded to the employee or if the employee is not a pensioner under this plan. The employee shall continue to be entitled to the benefits or advantages available to him or her under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if the employee availed himself or herself thereof before electing to become a member of this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility for and computation and payment of benefits.

An employee or a person who is a member of the Pension Plan of Peace Officers in Correctional Services ceases to be a member of that plan on the day before the day on which the employee or person becomes a member of a class of employees designated under the first paragraph. In that case, despite the second paragraph of section 6 and section 8.7 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the employee or person is a member of this plan from the day on which the employee or person becomes a member of such a class. The years and parts of a year of service credited under the Pension Plan of Peace Officers in Correctional Services and the years and parts of a year of service for which pension credit was granted under that Act must be credited under this plan on an actuarially equivalent basis established according to actuarial assumptions and methods that are determined by the Government and which may vary with the pension plans and benefits concerned.

In the case of a pensioner under the Pension Plan of Certain Teachers, the Teachers Pension Plan or the Civil Service Superannuation Plan who is a member of this plan and belongs to a class of employees designated under the first paragraph, the provisions of that paragraph apply, with the necessary modifications, notwithstanding any inconsistent provision of those plans, with the exception of the provisions concerning the partition and transfer of benefits between spouses.

2001, c. 31, s. 23; 2004, c. 39, s. 218; 2006, c. 49, s. 114.

2005-01-01

23. Notwithstanding any inconsistent provision of this Act, except the provisions of Chapter VIII, the Government may establish special provisions with respect to classes of employees it designates. Those provisions may also be inconsistent with the provisions on pension credits provided for in the Act respecting the Teachers Pension Plan (chapter R-11) except those provided for in Chapter V.1, in the Act respecting the Civil Service Superannuation Plan (chapter R-12) except Division III.1, in the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) except those provided for in Chapter VII.1 of Title I, and with the provisions of Title IV.2 of that Act. Divisions I and II of Chapter IV of Title III of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) do not apply to such an employee but the employee may, in the year following the date any decision of the Commission concerning the employee was sent, file with the Commission an application for arbitration. The arbitrator shall be one of the persons appointed pursuant to the second paragraph of section 183 of that Act, and sections 184 to 186 of that Act shall apply. However, an employee who belongs to a class so designated may elect not to be governed by the special provisions by filing an application to that effect with the Commission within a period of one year from the day on which those provisions began to govern the employee, and the employee’s election shall apply from that day. The employee may, even after making that election, reconsider his or her decision and elect in favour of the special provisions by sending a notice to that effect to the Commission, and the employee’s election shall apply from the date on which the notice is received by the Commission.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who is a member of the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to be a member of his or her plan on the day preceding the day on which the person joins a class of employees designated under the first paragraph. In such a case, the person shall be a member of this plan from the day on which the person joins such a class. However, the person may elect to continue to be a member of his or her plan by filing an application to that effect with the Commission within one year from the day on which the person becomes a member of this plan, and the person’s election shall apply from that day. After making that election, the person may reconsider his or her decision and elect to become a member of this plan and be governed by the special provisions established pursuant to the first paragraph by sending a notice to that effect to the Commission, and the person’s election shall apply from the date on which the notice is received by the Commission.

An employee who is a member of the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to become a member of this plan by sending a notice to that effect to the Commission, and the employee’s election shall apply from the date on which the notice is received by the Commission. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if the employee’s contributions have not been refunded to the employee or if the employee is not a pensioner under this plan. The employee shall continue to be entitled to the benefits or advantages available to him or her under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if the employee availed himself or herself thereof before electing to become a member of this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility for and computation and payment of benefits.

An employee or a person who is a member of the Pension Plan of Peace Officers in Correctional Services ceases to be a member of that plan on the day before the day on which the employee or person becomes a member of a class of employees designated under the first paragraph. In that case, despite the second paragraph of section 6 and section 8.7 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the employee or person is a member of this plan from the day on which the employee or person becomes a member of such a class. The years and parts of a year of service credited under the Pension Plan of Peace Officers in Correctional Services and the years and parts of a year of service for which pension credit was granted under that Act must be credited under this plan on an actuarially equivalent basis established according to actuarial assumptions and methods that are determined by the Government and which may vary with the pension plans and benefits concerned.

In the case of a pensioner under the Pension Plan of Certain Teachers, the Teachers Pension Plan or the Civil Service Superannuation Plan who is a member of this plan and belongs to a class of employees designated under the first paragraph, the provisions of that paragraph apply, with the necessary modifications, notwithstanding any inconsistent provision of those plans, with the exception of the provisions concerning the partition and transfer of benefits between spouses.

2001, c. 31, s. 23; 2004, c. 39, s. 218.

2001-06-21

23. Notwithstanding any inconsistent provision of this Act, except the provisions of Chapter VIII, the Government may establish special provisions with respect to classes or subclasses of employees it designates. The Commission shall, in administering this plan in respect of an employee belonging to a class so designated, take into account the special provisions applicable to such a class. Divisions I and II of Chapter IV of Title III of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) do not apply to such an employee but the employee may, in the year following the mailing date of any decision of the Commission concerning the employee, file with the Commission an application for arbitration. The arbitrator shall be one of the persons appointed pursuant to the second paragraph of section 183 of that Act, and sections 184 to 186 of that Act shall apply. However, an employee who belongs to a class so designated may elect not to be governed by the special provisions by filing an application to that effect with the Commission within a period of one year from the day on which those provisions began to govern the employee, and the employee’s election shall apply from that day. The employee may, even after making that election, reconsider his or her decision and elect in favour of the special provisions by sending a notice to that effect to the Commission, and the employee’s election shall apply from the date on which the notice is received by the Commission.

An order under the first paragraph may have effect 12 months or less before it is made.

A person who is a member of the Teachers Pension Plan or the Civil Service Superannuation Plan, as the case may be, ceases to be a member of his or her plan on the day preceding the day on which the person joins a class of employees designated under the first paragraph. In such a case, the person shall be a member of this plan from the day on which the person joins such a class. However, the person may elect to continue to be a member of his or her plan by filing an application to that effect with the Commission within one year from the day on which the person becomes a member of this plan, and the person’s election shall apply from that day. After making that election, the person may reconsider his or her decision and elect to become a member of this plan and be governed by the special provisions established pursuant to the first paragraph by sending a notice to that effect to the Commission, and the person’s election shall apply from the date on which the notice is received by the Commission.

An employee who is a member of the Pension Plan of Certain Teachers and who belongs to a class of employees designated under the first paragraph may elect to become a member of this plan by sending a notice to that effect to the Commission, and the employee’s election shall apply from the date on which the notice is received by the Commission. The employee shall be credited, for pension purposes, with the years and parts of a year of service credited under the Pension Plan of Certain Teachers if the employee’s contributions have not been refunded to the employee or if the employee is not a pensioner under this plan. The employee shall continue to be entitled to the benefits or advantages available to him or her under the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1) if the employee availed himself or herself thereof before electing to become a member of this plan. The Government may determine which provisions of the said Act shall continue to apply for the purposes of eligibility for and computation and payment of benefits.

In the case of a pensioner under the Pension Plan of Certain Teachers, the Teachers Pension Plan or the Civil Service Superannuation Plan who is a member of this plan and belongs to a class of employees designated under the first paragraph, the provisions of that paragraph apply, with the necessary modifications, notwithstanding any inconsistent provision of those plans, with the exception of the provisions concerning the partition and transfer of benefits between spouses.

2001, c. 31, s. 23.