Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

R-12 - Act respecting the Civil Service Superannuation Plan

Section 77
Disposition versions

Full text
77. For the purposes of this Act, the spouse is the person who is married to or in a civil union with the officer or pensioner or, provided neither is married or in a civil union at the time of the death of the officer or pensioner, the person of the opposite or the same sex who had been living in a conjugal relationship with the officer or pensioner for a period of not less than three years immediately prior to the officer’s or pensioner’s death, and had been publicly represented as the officer’s or pensioner’s spouse by the officer or pensioner or who, during the year prior to the officer’s or pensioner’s death, was living in a conjugal relationship with the officer or pensioner while one of the following situations occurred:
(1)  a child was or is to be born of their union;
(2)  they adopted a child together; or
(3)  one of them adopted a child of the other.
R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37; 1982, c. 51, s. 109; 1983, c. 24, s. 42; 1988, c. 82, s. 132; 1999, c. 14, s. 25; 2000, c. 32, s. 75; 2002, c. 6, s. 190.
77. For the purposes of this Act, the spouse is the person who is married to the officer or pensioner or, in the case of an unmarried officer or pensioner, the person of the opposite or the same sex who was unmarried at the time of the death of the officer or pensioner and who had been living in a conjugal relationship with the officer or pensioner for a period of not less than three years immediately prior to the officer’s or pensioner’s death, and had been publicly represented as the officer’s or pensioner’s spouse by the officer or pensioner or who, during the year prior to the officer’s or pensioner’s death, was living in a conjugal relationship with the officer or pensioner while one of the following situations occurred :
(1)  a child was or is to be born of their union ;
(2)  they adopted a child together ; or
(3)  one of them adopted a child of the other.
R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37; 1982, c. 51, s. 109; 1983, c. 24, s. 42; 1988, c. 82, s. 132; 1999, c. 14, s. 25; 2000, c. 32, s. 75.
77. For the purposes of this Act, the spouse is the person who is married to the officer or pensioner or, in the case of an unmarried officer or pensioner, the person of the opposite or the same sex who was unmarried at the time of the death of the officer or pensioner and who had been living in a conjugal relationship with the officer or pensioner for a period of not less than three years immediately prior to the officer’s or pensioner’s death, and had been publicly represented as the officer’s or pensioner’s spouse by the officer or pensioner.
R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37; 1982, c. 51, s. 109; 1983, c. 24, s. 42; 1988, c. 82, s. 132; 1999, c. 14, s. 25.
77. For the purposes of this Act, the spouse is the person who is married to the officer or pensioner or, in the case of an unmarried officer or pensioner, the person who was unmarried at the time of the death of the officer or pensioner and who had been living in a conjugal relationship with the officer or pensioner for a period of not less than three years immediately prior to his death and had been publicly represented as his or her spouse by the officer or pensioner.
R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37; 1982, c. 51, s. 109; 1983, c. 24, s. 42; 1988, c. 82, s. 132.
77. The spouse is, for the purposes of the application of this Act, the person married to an officer or, if the officer is not married, the person unmarried at the time of the officer’s death who, for a period of not less than three years before the death, cohabited with him and was publicly represented by him as his spouse.
R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37; 1982, c. 51, s. 109; 1983, c. 24, s. 42.
77. From and after the day when the pension or salary, as the case may be, of a public officer or employee ceases to be paid, his widow, if she is not divorced, shall be entitled to receive, for life, one-half of the pension which he was receiving or would otherwise have been entitled to receive, or would have been entitled to receive had he been superannuated; she shall also be entitled to receive 10% of such pension for each child of such officer or employee who is a dependent of such widow and less than eighteen years of age or, if he regularly attends an educational establishment, is less than twenty-one years of age, but she shall not so receive more than 40% of such pension for all of such dependent children.
If the widow of a public officer or employee dies, or if a public officer or employee dies and his wife has predeceased him, or their marriage has been dissolved by divorce, each child of such officer or employee who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, shall be entitled to receive 20% of the pension which such officer or employee was receiving or would otherwise have been entitled to receive, or would have been entitled to receive until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 80% of such pension shall be paid to all of such children and the amount representing that percentage shall be divided equally among all the children.
R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37; 1982, c. 51, s. 109.
77. From and after the day when the pension or salary, as the case may be, of a public officer or employee ceases to be paid, his widow, if she is not divorced, shall be entitled to receive, for life, one-half of the pension which he was receiving or would have been entitled to receive had he been superannuated; she shall also be entitled to receive 10% of such pension for each child of such officer or employee who is a dependent of such widow and less than eighteen years of age or, if he regularly attends an educational establishment, is less than twenty-one years of age, but she shall not so receive more than 40% of such pension for all of such dependent children.
If the widow of a public officer or employee dies, or if a public officer or employee dies and his wife has predeceased him, or their marriage has been dissolved by divorce, each child of such officer or employee who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, shall be entitled to receive 20% of the pension which such officer or employee was receiving or would have been entitled to receive, until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 80% of such pension shall be paid to all of such children and the amount representing that percentage shall be divided equally among all the children.
R. S. 1964, c. 14, s. 56; 1965 (1st sess.), c. 15, s. 22; 1969, c. 15, s. 25; 1973, c. 12, s. 173; 1977, c. 22, s. 37.
© Gouvernement du Québec