R-9.1 - Act respecting the Pension Plan of Certain Teachers

Section 32 Disposition versions

1999-04-01

32. 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 person who is entitled to a pension, the spouse shall be entitled to receive as pension one-half of the pension, increased in accordance with section 20, that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or which the person would have been entitled to receive, with, in every case, the reduction prescribed in section 24 or, as the case may be, section 26 from the month following the death, even where the pensioner or eligible person dies before attaining 65 years of age. However, in the case of a pension granted under the Act respecting the Teachers Pension Plan (chapter R-11) or the Act respecting the Civil Service Superannuation Plan (chapter R-12), section 26 applies only in respect of years or parts of a year giving entitlement to the increase provided by section 20 if, at the time of death of the pensioner, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

The years and parts of a year of service for which a pension credit is granted under sections 101, 113 and 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and those for which the increase provided by section 20 of this Act is granted shall be added, for the purposes of eligibility for a pension, to the years of service credited to the person to determine, in the event of death, the spouse’s eligibility for a pension even where the person died before having made all the instalments required to pay the cost of the pension credit or, as the case may be, the cost of redemption of service under Division II of Chapter IV of this Act. However, the pension increase provided by section 20 shall apply to the spouse’s pension only if the spouse pays the balance of the amounts required to pay the cost of redemption of service.

1986, c. 44, s. 32; 1988, c. 82, s. 161.

1986-06-26

32. From the day the payment of the pension of a pensioner or, as the case may be, the payment of the salary of a person who is eligible for a pension ceases, owing to death, the spouse shall be entitled to receive as pension one-half of the pension, increased in accordance with section 20, that the pensioner was receiving or, as the case may be, would otherwise have been entitled to receive, or which the person would have been entitled to receive, with, in every case, the reduction prescribed in section 24 or, as the case may be, section 26 from the month following the death, even where the pensioner or eligible person dies before attaining 65 years of age. However, in the case of a pension granted under the Act respecting the Teachers Pension Plan (chapter R-11) or the Act respecting the Civil Service Superannuation Plan (chapter R-12), section 26 applies only in respect of years or parts of a year giving entitlement to the increase provided by section 20 if, at the time of death of the pensioner, the spouse is not entitled to a pension under the Act respecting the Québec Pension Plan (chapter R-9).

The years and parts of a year of service for which a pension credit is granted under sections 101, 113 and 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and those for which the increase provided by section 20 of this Act is granted shall be added, for the purposes of eligibility for a pension, to the years of service credited to the person to determine, in the event of death, the spouse’s eligibility for a pension even where the person died before having made all the instalments required to pay the cost of the pension credit or, as the case may be, the cost of redemption of service under Division II of Chapter IV of this Act. However, the pension increase provided by section 20 shall apply to the spouse’s pension only if the spouse pays the balance of the amounts required to pay the cost of redemption of service.

1986, c. 44, s. 32.