R-12 - Act respecting the Civil Service Superannuation Plan

Section 76 Disposition versions

2008-05-07

76. From the day the payment of the pension of a pensioner ceases by reason of death, or as the case may be, from the day of the death of a public officer, the spouse is entitled to receive a life pension equal to 60% of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive or that the officer would have been entitled to receive,

(1)  reduced as in section 63.3, from the month following the death, even if the pensioner or officer dies before 65 years of age;

(2)  not reduced as in section 63.3, if, at the time of death of the pensioner or officer, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

The first paragraph also applies to the spouse of a person who ceased to participate in the plan and was eligible for a pension.

The pension computed pursuant to subparagraph 2 of the first paragraph shall not exceed 66 2/3% of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or that the officer would have been entitled to receive, after the reduction provided for in section 63.3.

1973, c. 12, s. 172; 1977, c. 22, s. 36; 1983, c. 24, s. 42; 1988, c. 82, s. 131; 1990, c. 87, s. 94; 1997, c. 50, s. 92; 2007, c. 43, s. 120.

1997-07-01

76. From the day the payment of the pension of a pensioner ceases by reason of death, or as the case may be, from the day of the death of a public officer, the spouse is entitled to receive a life pension equal to 60 % of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive or that the officer would have been entitled to receive,

(1)  reduced as in section 63.3, from the month following the death, even if the pensioner or officer dies before 65 years of age;

(2)  not reduced as in section 63.3, if, at the time of death of the pensioner or officer, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

The first paragraph also applies to the spouse of an officer who ceased to participate in the plan and was eligible for a pension.

The pension computed pursuant to subparagraph 2 of the first paragraph shall not exceed 66 2/3 % of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or that the officer would have been entitled to receive, after the reduction provided for in section 63.3.

1973, c. 12, s. 172; 1977, c. 22, s. 36; 1983, c. 24, s. 42; 1988, c. 82, s. 131; 1990, c. 87, s. 94; 1997, c. 50, s. 92.

1991-01-01

76. From the day the payment of the pension of a pensioner ceases by reason of death, or as the case may be, from the day of the death of a public officer, the spouse is entitled to receive a life pension equal to 60 % of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive or that the officer would have been entitled to receive,

(1)  reduced as in section 63.3, from the month following the death, even if the pensioner or officer dies before 65 years of age;

(2)  not reduced as in section 63.3, if, at the time of death of the pensioner or officer, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

1973, c. 12, s. 172; 1977, c. 22, s. 36; 1983, c. 24, s. 42; 1988, c. 82, s. 131; 1990, c. 87, s. 94.

1988-12-23

76. From the day the payment of the pension of a pensioner ceases by reason of death, or as the case may be, from the day of the death of a public officer, the spouse is entitled to receive a life pension equal to one-half of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive or that the officer would have been entitled to receive,

(1)  reduced as in section 63.3, from the month following the death, even if the pensioner or officer dies before 65 years of age;

(2)  not reduced as in section 63.3, if, at the time of death of the pensioner or officer, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

1973, c. 12, s. 172; 1977, c. 22, s. 36; 1983, c. 24, s. 42; 1988, c. 82, s. 131.

1983-07-01

76. From and after the day when the pension of the pensioner or, as the case may be, the salary of the public officer ceases to be paid owing to death, the spouse is entitled to receive a life pension equal to one-half of the pension that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive or that the officer would have been entitled to receive,

(1)  reduced as in section 63.3, from the month following the death, even if the pensioner or officer dies before 65 years of age;

(2)  not reduced as in section 63.3, if, at the time of death of the pensioner or officer, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

1973, c. 12, s. 172; 1977, c. 22, s. 36; 1983, c. 24, s. 42.

1977-12-31

76. In this division, the word “widow” means the non-divorced wife of a deceased officer or employee.

If there is not a non-divorced wife, the word “widow” means the person who establishes to the satisfaction of the Commission that for a period of not less than three years immediately prior to the death of the officer or employee:

(a)  she had been residing with him;

(b)  such officer or employee had been publicly representing her as his consort; and

(c)  at the time of the death of the officer or employee, neither she nor he was married to any other person.

1973, c. 12, s. 172; 1977, c. 22, s. 36.