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-9.1 - Act respecting the Pension Plan of Certain Teachers
Section 35.0.1
Disposition versions
35.0.1. The spouse may waive the spousal benefits granted under the pension plan before the date of the death of the person who is a member of the plan, of the person who ceased to participate in the plan or of the pensioner. The spouse may also revoke the waiver before that date.
To be valid, the waiver or revocation must bear on all spousal benefits and be served on Retraite Québec by means of a notice that must be received on a date that is prior to the date of death and contain the information determined by regulation.
The spouse’s waiver is cancelled if, on the date of the pensioner’s death, no refund of the contributions referred to in section 34.6 is payable to the pensioner’s successors. The computation is calculated at the date of death and based on the data known to Retraite Québec on the date of its decision; that data is deemed to be accurate. When the spouse’s waiver is cancelled, the spouse may receive the benefits the spouse is entitled to under the pension plan.
Despite the spouse’s waiver, the pension plan is deemed to grant the spouse a right to death benefits for the purposes of article 415 of the Civil Code.
35.0.1. The spouse may waive the spousal benefits granted under the pension plan before the date of the death of the person who is a member of the plan, of the person who ceased to participate in the plan or of the pensioner. The spouse may also revoke the waiver before that date.
To be valid, the waiver or revocation must bear on all spousal benefits and be served on the Commission by means of a notice that must be received on a date that is prior to the date of death and contain the information determined by regulation.
The spouse’s waiver is cancelled if, on the date of the pensioner’s death, no refund of the contributions referred to in section 34.6 is payable to the pensioner’s successors. The computation is calculated at the date of death and based on the data known to the Commission on the date of its decision; that data is deemed to be accurate. When the spouse’s waiver is cancelled, the spouse may receive the benefits the spouse is entitled to under the pension plan.
Despite the spouse’s waiver, the pension plan is deemed to grant the spouse a right to death benefits for the purposes of article 415 of the Civil Code.
