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

Section 41
Disposition versions

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41. The employer shall, except with respect to a pensioner, even a pensioner holding pensionable employment under this plan, the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, who is not an employee for the purposes of this plan, withhold each year from the pensionable salary paid to each employee and, in the case of a pensioner or person who ceased to be a member of the plan, from the pensionable salary mentioned in section 25.1 or a lump sum mentioned in section 26, an amount equal to the result of applying the contribution rate determined by regulation made under section 174 to that part of the pensionable salary which exceeds 35% of the maximum pensionable earnings within the meaning of the Act respecting the Québec Pension Plan (chapter R-9).
If the basis of remuneration is 200 days, the exemption of 35% is multiplied, for the purposes of the amount withheld, by the service credited to the employee, pensioner or person who ceased to be a member of the plan, selecting only the number of days and parts of a day for which the employee, pensioner or person who ceased to be a member of the plan paid or was exempt from contributions in a year. If the basis of remuneration is 260 days, the exemption of 35% is multiplied, for the purposes of the amount withheld, by the harmonized service of the employee, pensioner or person who ceased to be a member of the plan, selecting only the days for which the employee, pensioner or person who ceased to be a member of the plan paid or was exempt from contributions in a year.
No amount shall be withheld from the pensionable salary paid to an employee who has at least 40 years of credited service.
2001, c. 31, s. 41; 2004, c. 39, s. 225; 2007, c. 43, s. 141; 2010, c. 29, s. 21; 2017, c. 7, s. 4.
41. The employer shall, except with respect to a pensioner, even a pensioner holding pensionable employment under this plan, the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, who is not an employee for the purposes of this plan, withhold each year from the pensionable salary paid to each employee and, in the case of a pensioner or person who ceased to be a member of the plan, from the pensionable salary mentioned in section 25.1 or a lump sum mentioned in section 26, an amount equal to the result of applying the contribution rate determined by regulation made under section 174 to that part of the pensionable salary which exceeds 35% of the maximum pensionable earnings within the meaning of the Act respecting the Québec Pension Plan (chapter R-9).
If the basis of remuneration is 200 days, the exemption of 35% is multiplied, for the purposes of the amount withheld, by the service credited to the employee, pensioner or person who ceased to be a member of the plan, selecting only the number of days and parts of a day for which the employee, pensioner or person who ceased to be a member of the plan paid or was exempt from contributions in a year. If the basis of remuneration is 260 days, the exemption of 35% is multiplied, for the purposes of the amount withheld, by the harmonized service of the employee, pensioner or person who ceased to be a member of the plan, selecting only the days for which the employee, pensioner or person who ceased to be a member of the plan paid or was exempt from contributions in a year.
No amount shall be withheld from the pensionable salary paid to an employee who has at least 38 years of credited service.
2001, c. 31, s. 41; 2004, c. 39, s. 225; 2007, c. 43, s. 141; 2010, c. 29, s. 21.
41. The employer shall, except with respect to a pensioner, even a pensioner holding pensionable employment under this plan, the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, who is not an employee for the purposes of this plan, withhold each year from the pensionable salary paid to each employee and, in the case of a pensioner or person who ceased to be a member of the plan, from the pensionable salary mentioned in section 25.1 or a lump sum mentioned in section 26, an amount equal to the result of applying the contribution rate determined by regulation made under section 174 to that part of the pensionable salary which exceeds 35% of the maximum pensionable earnings within the meaning of the Act respecting the Québec Pension Plan (chapter R-9).
If the basis of remuneration is 200 days, the exemption of 35% is multiplied, for the purposes of the amount withheld, by the service credited to the employee, pensioner or person who ceased to be a member of the plan, selecting only the number of days and parts of a day for which the employee, pensioner or person who ceased to be a member of the plan paid or was exempt from contributions in a year. If the basis of remuneration is 260 days, the exemption of 35% is multiplied, for the purposes of the amount withheld, by the harmonized service of the employee, pensioner or person who ceased to be a member of the plan, selecting only the days for which the employee, pensioner or person who ceased to be a member of the plan paid or was exempt from contributions in a year.
No amount shall be withheld from the pensionable salary paid to an employee who has at least 35 years of credited service.
2001, c. 31, s. 41; 2004, c. 39, s. 225; 2007, c. 43, s. 141.
41. The employer shall, except with respect to a pensioner, even a pensioner holding pensionable employment under this plan, the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, who is not an employee for the purposes of this plan and with respect to an employee referred to in section 70 of the Act respecting the Teachers Pension Plan (chapter R-11), section 43.1 or section 89.4 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) and from, in the latter cases, the date on which the employee’s election not to become a member of this plan applies, withhold from the pensionable salary the employer pays to each employee and, in the case of a pensioner, from any lump sum paid under section 26, an annual amount equal to the contribution rate determined by regulation made under section 174, from that part of the pensionable salary which exceeds 35 % of the maximum pensionable earnings within the meaning of the Act respecting the Québec Pension Plan (chapter R-9).
However, the exemption of 35 % is, for the purposes of the deduction, established according to the number of days and parts of a day for which the employee or, as the case may be, the pensioner was assessed or exempt from contributions, out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration.
No amount shall be withheld from the pensionable salary paid to an employee who has at least 35 years of credited service.
2001, c. 31, s. 41; 2004, c. 39, s. 225.
41. The employer shall, except with respect to a pensioner, even a pensioner holding pensionable employment under this plan or the Government and Public Employees Retirement Plan, who is not an employee for the purposes of this plan and with respect to an employee referred to in section 70 of the Act respecting the Teachers Pension Plan (chapter R-11), section 43.1 or section 89.4 of the Act respecting the Civil Service Superannuation Plan (chapter R-12) or section 112 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) and from, in the latter cases, the date on which the employee’s election not to become a member of this plan applies, withhold from the pensionable salary the employer pays to each employee and, in the case of a pensioner, from any lump sum paid under section 26, an annual amount equal to the contribution rate determined by regulation made under section 174, from that part of the pensionable salary which exceeds 35 % of the maximum pensionable earnings within the meaning of the Act respecting the Québec Pension Plan (chapter R-9).
However, the exemption of 35 % is, for the purposes of the deduction, established according to the number of days and parts of a day for which the employee or, as the case may be, the pensioner was assessed or exempt from contributions, out of the number of contributory days in a year, that is, 200 or 260, according to the basis of remuneration.
No amount shall be withheld from the pensionable salary paid to an employee who has at least 35 years of credited service.
2001, c. 31, s. 41.
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