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R-9 - Act respecting the Québec Pension Plan
Section 96
Disposition versions
96. Retraite Québec shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5 or 102.10.7, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
The beneficiary of a disability pension is deemed to have ceased to be disabled in a calendar year if his income for that year equals or exceeds the income from a substantially gainful occupation for the year concerned. In such a case, the disability end date is fixed by regulation.
96. Retraite Québec shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension or of the additional amount for disability after retirement, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5 or 102.10.7, if the contributor is qualified pursuant to section 105.0.1, 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
The beneficiary of a disability pension or of an additional amount for disability after retirement is deemed to have ceased to be disabled in a calendar year if his income for that year equals or exceeds the income from a substantially gainful occupation for the year concerned. In such a case, the disability end date is fixed by regulation.
The transitional provision 2022, c. 3, s. 104 is applicable from 1 January 2022 to 31 December 2023.
96. Retraite Québec shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension or of the additional amount for disability after retirement, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5 or 102.10.7, if the contributor is qualified pursuant to section 105.0.1, 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
The beneficiary of a disability pension or of an additional amount for disability after retirement is deemed to be capable regularly of carrying on substantially gainful occupation and, consequently, to have ceased to be disabled upon having carried on such an occupation for three months.
96. Retraite Québec shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension or of the additional amount for disability after retirement, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5 or 102.10.7, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
The beneficiary of a disability pension or of an additional amount for disability after retirement is deemed to be capable regularly of carrying on substantially gainful occupation and, consequently, to have ceased to be disabled upon having carried on such an occupation for three months.
96. The Board shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension or of the additional amount for disability after retirement, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5 or 102.10.7, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
The beneficiary of a disability pension or of an additional amount for disability after retirement is deemed to be capable regularly of carrying on substantially gainful occupation and, consequently, to have ceased to be disabled upon having carried on such an occupation for three months.
96. The Board shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5 or 102.10.7, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
The beneficiary of a disability pension is deemed to be capable regularly of carrying on substantially gainful occupation and, consequently, to have ceased to be disabled upon having carried on such an occupation for three months.
96. The Board shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
The beneficiary of a disability pension is deemed to be capable regularly of carrying on substantially gainful occupation and, consequently, to have ceased to be disabled upon having carried on such an occupation for three months.
96. The Board shall, according to the proof presented, fix the date on which a person became disabled or ceased to be disabled.
However, the day on which a person’s disability begins may not, for the purposes of the disability pension, be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) (subparagraph repealed);
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) (subparagraph repealed);
(e) the date of the application for partition provided for in section 102.5, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
96. The day on which a person became disabled or ceased to be disabled is determined in prescribed manner.
Unless it is to establish qualification for a surviving spouse’s pension, the day on which a person became disabled shall not be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) 1 January 1984, if the contributor is declared disabled pursuant to the third paragraph of section 95;
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) the date, not earlier than 1 January 1984, on which the contributor has become qualified pursuant to section 106.1;
(e) the date of the application for partition provided for in section 102.5, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
96. The day on which a person became disabled or ceased to be disabled is determined in prescribed manner.
Unless it is to establish qualification for a surviving spouse’s pension, the day on which a person became disabled shall not be fixed at a time earlier than the latest of the following dates:
(a) the first day of the twelfth month preceding the date on which the application for a benefit was made;
(b) 1 January 1984, if the contributor is declared disabled pursuant to the third paragraph of section 95;
(c) the date of the contributor’s sixtieth birthday if he is declared disabled pursuant to the third paragraph of section 95;
(d) the date, not earlier than 1 January 1984, on which the contributor has become qualified pursuant to section 106.1;
(e) the date of the application for partition provided for in section 102.6, if the contributor is qualified pursuant to section 106 or 106.1, only by reason of unadjusted pensionable earnings that have been allotted to him.
96. The day on which a person became disabled or ceased to be disabled is determined in prescribed manner.
Nevertheless, the day on which a person became disabled shall not be fixed at a time earlier than twelve months before the date of presentation of an application for a benefit, unless it is to establish qualification for a surviving spouse’s pension.
Furthermore, in no case where the third paragraph of section 95 applies may the date of disability be prior to 1 January 1984, or to the person’s sixtieth birthday if that is subsequent to 1 January 1984.
96. The day on which a person became disabled or ceased to be disabled is determined in prescribed manner.
Nevertheless, the day on which a person became disabled shall not be fixed at a time earlier than twelve months before the date of presentation of an application for a benefit, unless it is to establish qualification for a surviving spouse’s pension.
