R-9.3 - Act respecting the Pension Plan of Elected Municipal Officers

Section 54.2 Disposition versions

2016-01-01

54.2. The spouse may waive the spousal benefits granted under this plan before the date of the death of the person who participates in 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.

The spouse’s waiver does not entail a waiver of the rights arising from sections 78 and 79.

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 government regulation.

The spouse’s waiver is cancelled if, on the date of the pensioner’s death, no refund of the contributions is payable under this plan 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 plan.

Despite the spouse’s waiver, the plan is deemed to grant the spouse a right to death benefits for the purposes of article 415 of the Civil Code.

2008, c. 18, s. 92; 2015, c. 20, s. 61.

2009-06-01

54.2. The spouse may waive the spousal benefits granted under this plan before the date of the death of the person who participates in 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.

The spouse’s waiver does not entail a waiver of the rights arising from sections 78 and 79.

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 government regulation.

The spouse’s waiver is cancelled if, on the date of the pensioner’s death, no refund of the contributions is payable under this plan 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 plan.

Despite the spouse’s waiver, the plan is deemed to grant the spouse a right to death benefits for the purposes of article 415 of the Civil Code.

2008, c. 18, s. 92.