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

Section 30 Disposition versions

2011-01-01

30. Notwithstanding sections 25 to 29, the pensionable salary of an employee for one year of service shall not exceed the salary necessary to reach the defined benefit limit applicable for each year under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)). In the case of a year of service over and above 35 years of service that is used in computing the pension, the salary necessary to reach the defined benefit limit is established as if that year were counted for the purposes of section 57.

For the purposes of the first paragraph, the pensionable salary of an employee who is credited with less than one year of service for service accumulated in a calendar year must not exceed

(1)  the amount obtained by multiplying the salary required to reach the limit referred to in the first paragraph by the service credited to the employee during a year, if the basis of remuneration for the pensionable employment held by the employee is 200 days; or

(2)  the amount obtained by multiplying the salary required to reach the limit referred to in the first paragraph by the harmonized service for the year, if the basis of remuneration for the pensionable employment held by the employee is 260 days.

This section does not apply to the pensionable salary for a year during which the employee, pensioner or person referred to in section 26 receives pensionable salary but is not credited with any service.

2001, c. 31, s. 30; 2004, c. 39, s. 219; 2007, c. 43, s. 136; 2008, c. 25, s. 79; 2010, c. 29, s. 17.

2008-06-20

30. Notwithstanding sections 25 to 29, the pensionable salary of an employee for one year of service shall not exceed the salary necessary to reach the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

For the purposes of the first paragraph, the pensionable salary of an employee who is credited with less than one year of service for service accumulated in a calendar year must not exceed

(1)  the amount obtained by multiplying the salary required to reach the limit referred to in the first paragraph by the service credited to the employee during a year, if the basis of remuneration for the pensionable employment held by the employee is 200 days; or

(2)  the amount obtained by multiplying the salary required to reach the limit referred to in the first paragraph by the harmonized service for the year, if the basis of remuneration for the pensionable employment held by the employee is 260 days.

This section does not apply to the pensionable salary for a year during which the employee, pensioner or person referred to in section 26 receives pensionable salary but is not credited with any service.

2001, c. 31, s. 30; 2004, c. 39, s. 219; 2007, c. 43, s. 136; 2008, c. 25, s. 79.

2008-01-01

30. Notwithstanding sections 25 to 29, the pensionable salary of an employee for one year of service shall not exceed the salary necessary to reach the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

For the purposes of the first paragraph, the pensionable salary of an employee who is credited with less than one year of service for service accumulated in a calendar year must not exceed

(1)  the amount obtained by multiplying the salary required to reach the limit referred to in the first paragraph by the service credited to the employee during a year, if the basis of remuneration is 200 days; or

(2)  the amount obtained by multiplying the salary required to reach the limit referred to in the first paragraph by the harmonized service for the year, if the basis of remuneration is 260 days.

This section does not apply to the pensionable salary for a year during which the employee, pensioner or person referred to in section 26 receives pensionable salary but is not credited with any service.

2001, c. 31, s. 30; 2004, c. 39, s. 219; 2007, c. 43, s. 136.

2005-01-01

30. Notwithstanding sections 25 to 29, the pensionable salary of an employee for one year of service shall not exceed the salary necessary to reach the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

For the purposes of the first paragraph, the pensionable salary of an employee who, for the service accumulated in a calendar year, is credited with less than one year of service is equal, subject to the fourth paragraph, to the amount obtained by carrying out, in order, the following operations :

(1)  dividing the salary referred to in sections 25 to 29, reduced by the amount established in accordance with the third paragraph of section 53, by the service credited ; and

(2)  adding to the result of that operation the amount established in accordance with the third paragraph of section 53.

For the purposes of the second paragraph, the limit provided for in the first paragraph is not taken into account as regards the pensionable salary referred to in the third paragraph of section 53.

For the purposes of the second paragraph, the pensionable salary must not exceed the amount obtained by multiplying the limit referred to in the first paragraph by the service credited to the employee during the year.

2001, c. 31, s. 30; 2004, c. 39, s. 219.

2001-06-21

30. Notwithstanding sections 25 to 29, the pensionable salary of an employee shall not exceed the salary necessary to reach the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

For the purposes of the first paragraph, the pensionable salary of an employee who, for the service accumulated in a calendar year, is credited with less than one year of service is, without exceeding the salary necessary to reach the limit referred to in the first paragraph, equal to the amount obtained by carrying out, in order, the following operations :

(1)  dividing the salary referred to in sections 25 to 29, reduced by the amount established in accordance with the third paragraph of section 53, by the service credited ; and

(2)  adding to the result of that operation the amount established in accordance with the third paragraph of section 53.

For the purposes of the second paragraph, the limit provided for in the first paragraph is not taken into account as regards the pensionable salary referred to in the third paragraph of section 53.

2001, c. 31, s. 30.