95. A person is considered to be disabled if Retraite Québec declares him to be suffering from a severe and prolonged mental or physical disability.
A disability is severe if by reason thereof the person is incapable regularly of pursuing any substantially gainful occupation while the person’s functional limitations render him incapable of meeting, on a full-time basis, the usual requirements related to any type of work. For the purposes of this paragraph, only very severe functional limitations are considered. However, severe functional limitations may be considered if the person has unfavourable socio-professional characteristics despite schooling, rehabilitation and reintegration efforts.
In addition, in the case of a person 60 years of age or over, a disability is severe if by reason thereof the person is incapable regularly of carrying on the usual gainful occupation he holds at the time he ceases to work owing to his disability or if it forces him to reduce working time by reason of his disability, provided his income after reducing working time is less than the income from a substantially gainful occupation.
A disability is prolonged only if it is likely to result in death or to be of indefinite duration.
Retraite Québec shall periodically publish its directives on medical disability evaluation.
1965 (1st sess.), c. 24, s. 109; 1983, c. 12, s. 5; 1993, c. 15, s. 18; 2002, c. 52, s. 4; 2015, c. 20, s. 61; 2022, c. 32022, c. 3, s. 6511.