R-12 - Act respecting the Civil Service Superannuation Plan

Section 54 Disposition versions

2018-03-21

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978. It also applies where the person is released without pay by his employer for union activities and employed by a body designated in Schedule II.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) if the officer belongs to the class of officers mentioned in that schedule in respect of that body.

However, an officer who, within 180 days of ceasing to be a person to whom one of the plans provided for in this Act applies, holds pensionable employment under the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan, but not employment listed in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11), is a member of the plan provided for in this division. A teacher who, within 180 days of ceasing to be a person to whom the Teachers Pension Plan applies, holds pensionable employment under Schedule I or II to this Act, is a member of the plan provided for in this division.

An officer who ceases to be a member of the plan provided for in this division and who, within 180 days of the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) but is not entitled to re-assignment to a position where the plan provided for in this division, the Teachers Pension Plan, the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan would apply to him, is a member of the plan provided for in this division if he applies therefor to Retraite Québec within one year following the date on which he became such a staff member, from the date specified in his application, which may precede by not more than 12 months the date on which Retraite Québec receives the application but may not be prior to the date on which he became such a staff member.

An officer who, during a period of absence without pay, holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel is a member of the plan provided for by this division in respect of that employment.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who during a period of absence without pay holds pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115; 1990, c. 32, s. 41; 1990, c. 87, s. 90; 1995, c. 46, s. 26; 1997, c. 50, s. 81; 2001, c. 31, s. 380; 2002, c. 30, s. 92; 2018, c. 4, s. 37.

2002-06-14

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978. It also applies where the person is released without pay by his employer for union activities and employed by a body designated in Schedule II.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) if the officer belongs to the class of officers mentioned in that schedule in respect of that body.

However, an officer who, within 180 days of ceasing to be a person to whom one of the plans provided for in this Act applies, holds pensionable employment under the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan, but not employment listed in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11), is a member of the plan provided for in this division. A teacher who, within 180 days of ceasing to be a person to whom the Teachers Pension Plan applies, holds pensionable employment under Schedule I or II to this Act, is a member of the plan provided for in this division.

An officer who ceases to be a member of the plan provided for in this division and who, within 180 days of the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) but is not entitled to re-assignment to a position where the plan provided for in this division, the Teachers Pension Plan, the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan would apply to him, is a member of the plan provided for in this division if he applies therefor and if the Government adopts an order to that effect. The order has effect on the date on which the officer becomes such a member of staff.

An officer who, during a period of absence without pay, holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel is a member of the plan provided for by this division in respect of that employment.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who during a period of absence without pay holds pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115; 1990, c. 32, s. 41; 1990, c. 87, s. 90; 1995, c. 46, s. 26; 1997, c. 50, s. 81; 2001, c. 31, s. 380; 2002, c. 30, s. 92.

2001-06-21

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978. It also applies where the person is released without pay by his employer for union activities and employed by a body designated in Schedule II.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) if the officer belongs to the class of officers mentioned in that schedule in respect of that body.

However, an officer who, within 180 days of ceasing to be a person to whom one of the plans provided for in this Act applies, holds pensionable employment under the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan, but not employment listed in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11), is a member of the plan provided for in this division. A teacher who, within 180 days of ceasing to be a person to whom the Teachers Pension Plan applies, holds pensionable employment under Schedule I or II to this Act, is a member of the plan provided for in this division.

An officer who ceases to be a member of the plan provided for in this division and who, within 180 days of the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) but is not entitled to re-assignment to a position where the plan provided for in this division, the Teachers Pension Plan, the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan would apply to him, is a member of the plan provided for in this division if he applies therefor and if the Government adopts an order to that effect. The order has effect on the date on which the officer becomes such a member of staff.

An officer who, during a leave without pay, holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel is a member of the plan provided for by this division in respect of that employment.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted a leave without pay to hold pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115; 1990, c. 32, s. 41; 1990, c. 87, s. 90; 1995, c. 46, s. 26; 1997, c. 50, s. 81; 2001, c. 31, s. 380.

1997-07-01

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978. It also applies where the person is released without pay by his employer for union activities and employed by a body designated in Schedule II.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) if the officer belongs to the class of officers mentioned in that schedule in respect of that body.

However, an officer who, within 180 days of ceasing to be a person to whom one of the plans provided for in this Act applies, holds pensionable employment under the Government and Public Employees Retirement Plan, but not employment listed in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11), is a member of the plan provided for in this division. A teacher who, within 180 days of ceasing to be a person to whom the Teachers Pension Plan applies, holds pensionable employment under Schedule I or II to this Act, is a member of the plan provided for in this division.

An officer who ceases to be a member of the plan provided for in this division and who, within 180 days of the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) but is not entitled to re-assignment to a position where the plan provided for in this division, the Teachers Pension Plan or the Government and Public Employees Retirement Plan would apply to him, is a member of the plan provided for in this division if he applies therefor and if the Government adopts an order to that effect. The order has effect on the date on which the officer becomes such a member of staff.

An officer who, during a leave without pay, holds pensionable employment under the Government and Public Employees Retirement Plan is a member of the plan provided for by this division in respect of that employment.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted a leave without pay to hold pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115; 1990, c. 32, s. 41; 1990, c. 87, s. 90; 1995, c. 46, s. 26; 1997, c. 50, s. 81.

1995-06-22

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978. It also applies where the person is released without pay by his employer for union activities and employed by a body designated in Schedule II.1 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) if the officer belongs to the class of officers mentioned in that schedule in respect of that body.

However, an officer who, within 180 days of ceasing to be a person to whom one of the plans provided for in this Act applies, holds pensionable employment under the Government and Public Employees Retirement Plan, but not employment listed in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11), is a member of the plan provided for in this division. A teacher who, within 180 days of ceasing to be a person to whom the Teachers Pension Plan applies, holds pensionable employment under Schedule I or II to this Act, is a member of the plan provided for in this division.

An officer who ceases to be a member of the plan provided for in this division and who, within 180 days of the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) but is not entitled to re-assignment to a position where the plan provided for in this division, the Teachers Pension Plan or the Government and Public Employees Retirement Plan would apply to him, is a member of the plan provided for in this division if he applies therefor and if the Government adopts an order to that effect. The order has effect on the date on which the officer becomes such a member of staff.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted a leave without pay to hold pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115; 1990, c. 32, s. 41; 1990, c. 87, s. 90; 1995, c. 46, s. 26.

1991-01-01

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978.

However, an officer who, within 180 days of ceasing to be a person to whom one of the plans provided for in this Act applies, holds pensionable employment under the Government and Public Employees Retirement Plan, but not employment listed in Schedule I or II to the Act respecting the Teachers Pension Plan (chapter R-11), is a member of the plan provided for in this division. A teacher who, within 180 days of ceasing to be a person to whom the Teachers Pension Plan applies, holds pensionable employment under Schedule I or II to this Act, is a member of the plan provided for in this division.

An officer who ceases to be a member of the plan provided for in this division and who, within 180 days of the date on which this plan ceased to apply to him, becomes a member of the staff of a minister or of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) but is not entitled to re-assignment to a position where the plan provided for in this division, the Teachers Pension Plan or the Government and Public Employees Retirement Plan would apply to him, is a member of the plan provided for in this division if he applies therefor and if the Government adopts an order to that effect. The order has effect on the date on which the officer becomes such a member of staff.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted a leave without pay to hold pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115; 1990, c. 32, s. 41; 1990, c. 87, s. 90.

1989-01-01

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978.

However, except in the case of a pensioner under any of the plans provided for in this Act or under the Teachers Pension Plan, a person who participates in any of such plans and who ceases to be an employee within the meaning of the plan but who, within 180 days of the date on which he ceased to be an employee for the purposes of the plan, holds or again holds an employment contemplated in Schedule I or II, becomes a member of the plan provided for in this division, unless he elects to become a member of the Government and Public Employees Retirement Plan.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted a leave without pay to hold pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240; 1988, c. 82, s. 115.

1988-01-01

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978.

However, a person who is a member of any of the plans provided for in this Act or of the Teachers Pension Plan when he ceases to be an employee for the purposes of the plan and who, within 180 days of the date on which he ceased to be an employee for the purposes of the plan, holds or again holds an employment contemplated in Schedule I or II, becomes a member of the plan provided for in this division, unless he elects to become a member of the Government and Public Employees Retirement Plan.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted a leave without pay to hold pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129; 1987, c. 107, s. 240.

1987-06-23

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978.

However, a person who is a member of any of the plans provided for in this Act or of the Teachers Pension Plan when such plan ceases to be applicable to him and who, within 180 days of the date his plan ceases to be applicable to him, holds or again holds pensionable employment under the plan provided for in this division, becomes a member of the plan provided for in this division, unless he elects to become a member of the Government and Public Employees Retirement Plan.

A teacher placed on reserve who is a member of the Teachers Pension Plan and who is granted leave without pay to hold employment that is pensionable employment under the plan provided for in this division becomes a member of such plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41; 1987, c. 47, s. 129.

1985-06-20

54. This division applies to a person designated in Schedule I and appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978.

However, a person who contributes to any of the plans provided for in this Act or to the Teachers Pension Plan and who ceases to be a public servant or to hold a position contemplated in the Teachers Pension Plan to become, within 180 days, a person contemplated in Schedule I or II or, in the case of a teacher, to become, within the same time limit, such a person, shall contribute to the plan provided for in this division, except if he elects in favour of the Government and Public Employees Retirement Plan.

A teacher placed on reserve who contributes to the Teachers Pension Plan and who is granted a leave without pay to hold a position contemplated in the plan provided for in this division shall contribute to the said plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25; 1985, c. 18, s. 41.

1983-07-01

54. This division applies to an officer appointed or hired after 1 April 1942 but before 1 July 1973 and to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who revoked the election made in favour of the Government and Public Employees Retirement Plan before 10 August 1978.

However, a person who contributes to one of the plans provided for in this Act or the Teachers Pension Plan and who ceases to be an officer or to hold a position contemplated by the Teachers Pension Plan and, within 180 days, again becomes an officer or, if he was a teacher, becomes an officer, shall contribute to the plan provided for in this division, unless he elects the Government and Public Employees Retirement Plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21; 1983, c. 24, s. 25.

1977-12-31

54. Subject to the fourth paragraph of section 5 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), this division does not apply to an officer or employee appointed after June 30 1973.

Nevertheless, when a teacher contributing to the Teachers Pension Plan within the meaning of chapter R-11 ceases, after June 30 1973, to hold the position to which the said plan is applicable to become, within 180 days, an officer or employee within the meaning of this division, he may elect that this division be applicable to him from the commencement of his new employment, by giving a notice to that effect to the Commission within sixty days of the date on which he becomes a public officer or employee.

Notwithstanding the first paragraph, this division applies to every person who was formerly a member or an employee of an apprenticeship commission under the Apprenticeship Assistance Act (Revised Statutes, 1964, chapter 148) and who, in conformity with the second paragraph of section 10 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), revokes the election made in favour of the said plan.

1973, c. 12, s. 161; 1977, c. 22, s. 21.