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

Section 44 Disposition versions

1991-01-01

44. A person who is receiving a pension under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan and who has already availed himself of the Act respecting pension coverage for certain teachers (chapter P-32.1) is entitled to receive, instead of the benefits computed under the said Act and instead of the pension credits to which he is entitled under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), except pension credits to which he is entitled under sections 101, 113 and 158 of the said Act, the increase provided by section 20 of this Act. Sections 22, 24 to 26, 31 to 33 and 34.12 to 34.16 apply to that person. In that case, the increase provided by section 20 shall be computed as though the said section had been in force on the date on which the benefits computed under the Act respecting pension coverage for certain teachers became payable, but not later than 25 June 1986.

However, if the person referred to in the first paragraph is granted a pension credit pursuant to section 101, 113 or 158 of the Act respecting the Government and Public Employees Retirement Plan, the pension credit shall continue to be paid, but section 89 and the first paragraph of section 94 of the said Act do not apply.

If the person referred to in the first paragraph died before 26 June 1986 and was 65 years of age or older at the time of his death or, where he was receiving a pension under the Act respecting the Government and Public Employees Retirement Plan, if his age added to his years of service totalled 90 or more, sections 20, 24 to 26 and 32 apply, in respect of the years that have entitled him to the pension credit under Division III of the Act respecting pension coverage for certain teachers, to the spouse’s pension or, as the case may be, to the guaranteed benefit, according to the election made by the person under section 18 of the said Act. In that case, sections 20, 24 to 26 and 32 shall apply as though they had been in force on the date on which the pension credit under Division III of the Act respecting pension coverage for certain teachers became payable to that person. The maximum amount provided by section 22 shall be computed as of the same date with respect to the benefits the person would have received.

1986, c. 44, s. 44; 1990, c. 87, s. 10.

1986-06-26

44. A person who is receiving a pension under the Government and Public Employees Retirement Plan, the Teachers Pension Plan or the Civil Service Superannuation Plan and who has already availed himself of the Act respecting pension coverage for certain teachers (chapter P-32.1) is entitled to receive, instead of the benefits computed under the said Act and instead of the pension credits to which he is entitled under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), except pension credits to which he is entitled under sections 101, 113 and 158 of the said Act, the increase provided by section 20 of this Act. Sections 22, 24 to 26 and 31 to 33, and section 34 to the extent that it refers to sections 58, 59 and 217 to 219 of the Act respecting the Government and Public Employees Retirement Plan, apply to that person. In that case, the increase provided by section 20 shall be computed as though the said section had been in force on the date on which the benefits computed under the Act respecting pension coverage for certain teachers became payable, but not later than 25 June 1986.

However, if the person referred to in the first paragraph is granted a pension credit pursuant to section 101, 113 or 158 of the Act respecting the Government and Public Employees Retirement Plan, the pension credit shall continue to be paid, but section 89 and the first paragraph of section 94 of the said Act do not apply.

If the person referred to in the first paragraph died before 26 June 1986 and was 65 years of age or older at the time of his death or, where he was receiving a pension under the Act respecting the Government and Public Employees Retirement Plan, if his age added to his years of service totalled 90 or more, sections 20, 24 to 26 and 32 apply, in respect of the years that have entitled him to the pension credit under Division III of the Act respecting pension coverage for certain teachers, to the spouse’s pension or, as the case may be, to the guaranteed benefit, according to the election made by the person under section 18 of the said Act. In that case, sections 20, 24 to 26 and 32 shall apply as though they had been in force on the date on which the pension credit under Division III of the Act respecting pension coverage for certain teachers became payable to that person. The maximum amount provided by section 22 shall be computed as of the same date with respect to the benefits the person would have received.

1986, c. 44, s. 44.