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R-9 - Act respecting the Québec Pension Plan

Section 102.4
Disposition versions

Full text
102.4. Partition shall not be effected in respect of the following months:
(a)  months preceding the eighteenth birthday of one of the former spouses;
(b)  the month of the seventy-second birthday of one of the former spouses and months subsequent thereto;
(c)  months for which a retirement pension is payable to one of the former spouses pursuant to this Act or a similar plan;
(d)  months which, by reason of a disability, are excluded from the base contributory period of either of the former spouses under subparagraph a of the third paragraph of section 101;
(e)  months included in a year during which the sum of the base unadjusted pensionable earnings of the former spouses, for the year computed in accordance with this Act or a similar plan, does not exceed twice the basic exemption for the year.
In addition, where one of the former spouses has paid a base contribution, a first additional contribution or a second additional contribution to a similar plan for a particular month, partition of the base unadjusted pensionable earnings, the first additional unadjusted pensionable earnings and the second additional unadjusted pensionable earnings shall not be effected in respect of that month, unless partition is also effected under the similar plan.
1977, c. 24, s. 5; 1985, c. 6, s. 516; 1989, c. 55, s. 37; 1993, c. 15, s. 30; 2018, c. 2, s. 50; 2022, c. 3, s. 75; 2023, c. 30, s. 7.
102.4. Partition shall not be effected in respect of the following months:
(a)  months preceding the eighteenth birthday of one of the former spouses;
(b)  the month of the seventieth birthday of one of the former spouses and months subsequent thereto;
(c)  months for which a retirement pension is payable to one of the former spouses pursuant to this Act or a similar plan;
(d)  months which, by reason of a disability, are excluded from the base contributory period of either of the former spouses under subparagraph a of the third paragraph of section 101;
(e)  months included in a year during which the sum of the base unadjusted pensionable earnings of the former spouses, for the year computed in accordance with this Act or a similar plan, does not exceed twice the basic exemption for the year.
In addition, where one of the former spouses has paid a base contribution, a first additional contribution or a second additional contribution to a similar plan for a particular month, partition of the base unadjusted pensionable earnings, the first additional unadjusted pensionable earnings and the second additional unadjusted pensionable earnings shall not be effected in respect of that month, unless partition is also effected under the similar plan.
1977, c. 24, s. 5; 1985, c. 6, s. 516; 1989, c. 55, s. 37; 1993, c. 15, s. 30; 2018, c. 2, s. 50; 2022, c. 3, s. 75.
102.4. Partition shall not be effected in respect of the following months:
(a)  months preceding the eighteenth birthday of one of the former spouses;
(b)  the month of the seventieth birthday of one of the former spouses and months subsequent thereto;
(c)  months for which a retirement pension is payable to one of the former spouses pursuant to this Act or a similar plan;
(d)  solely in respect of the base unadjusted pensionable earnings, months which, by reason of a disability, are excluded from the base contributory period of either of the former spouses under subparagraph a of the third paragraph of section 101;
(e)  months included in a year during which the sum of the base unadjusted pensionable earnings of the former spouses, for the year computed in accordance with this Act or a similar plan, does not exceed twice the basic exemption for the year.
In addition, where one of the former spouses has paid a base contribution, a first additional contribution or a second additional contribution to a similar plan for a particular month, partition of the base unadjusted pensionable earnings, the first additional unadjusted pensionable earnings and the second additional unadjusted pensionable earnings shall not be effected in respect of that month, unless partition is also effected under the similar plan.
1977, c. 24, s. 5; 1985, c. 6, s. 516; 1989, c. 55, s. 37; 1993, c. 15, s. 30; 2018, c. 2, s. 50.
102.4. Partition shall not be effected in respect of the following months:
(a)  months preceding the eighteenth birthday of one of the former spouses;
(b)  the month of the seventieth birthday of one of the former spouses and months subsequent thereto;
(c)  months for which a retirement pension is payable to one of the former spouses pursuant to this Act or a similar plan;
(c.1)  months which, by reason of a disability, are excluded from the contributory period of either of the former spouses under subparagraph a of the second paragraph of section 101;
(d)  (subparagraph repealed);
(e)  months included in a year during which the sum of the unadjusted pensionable earnings of the former spouses, for the year computed in accordance with this Act or a similar plan, does not exceed twice the basic exemption for the year.
In addition, where, for a particular month, one of the spouses has paid a contribution to a similar plan, partition shall not be effected unless, in respect of that month, partition is effected pursuant to that similar plan.
1977, c. 24, s. 5; 1985, c. 6, s. 516; 1989, c. 55, s. 37; 1993, c. 15, s. 30.
102.4. Partition shall not be effected in respect of the following months:
(a)  months preceding the eighteenth birthday of one of the former spouses;
(b)  the month of the seventieth birthday of one of the former spouses and months subsequent thereto;
(c)  months for which a retirement pension is payable to one of the former spouses pursuant to this Act or a similar plan;
(c.1)  months which, by reason of a disability, are excluded from the contributory period of either of the former spouses under subparagraph a of the second paragraph of section 101;
(d)  months included in the total period of indemnity of one of the former spouses;
(e)  months included in a year during which the sum of the unadjusted pensionable earnings of the former spouses, for the year computed in accordance with this Act or a similar plan, does not exceed twice the basic exemption for the year.
In addition, where, for a particular month, one of the spouses has paid a contribution to a similar plan, partition shall not be effected unless, in respect of that month, partition is effected pursuant to that similar plan.
1977, c. 24, s. 5; 1985, c. 6, s. 516; 1989, c. 55, s. 37; 1993, c. 15, s. 30.
102.4. Partition shall not be effected in respect of the following months:
(a)  months preceding the eighteenth birthday of one of the former spouses;
(b)  the month of the seventieth birthday of one of the former spouses and months subsequent thereto;
(c)  months for which a disability pension or retirement pension is payable to one of the former spouses pursuant to this Act or a similar plan;
(d)  months included in the total period of indemnity of one of the former spouses;
(e)  months included in a year during which the sum of the unadjusted pensionable earnings of the former spouses, for the year computed in accordance with this Act or a similar plan, does not exceed twice the basic exemption for the year.
In addition, where, for a particular month, one of the spouses has paid a contribution to a similar plan, partition shall not be effected unless, in respect of that month, partition is effected pursuant to that similar plan.
1977, c. 24, s. 5; 1985, c. 6, s. 516; 1989, c. 55, s. 37.
102.4. Partition shall not be effected in respect of a month during which one of the former spouses is less than 18 years of age, is 70 years of age or more or is the beneficiary of a retirement or disability pension under this Act or under a similar plan or for any months included in the total period of indemnity of such contributor.
Partition shall not be effected, furthermore, in respect of a month included in a year during which the sum of the unadjusted pensionable earnings of the former spouses for the year does not exceed twice the basic exemption for the year.
1977, c. 24, s. 5; 1985, c. 6, s. 516.
102.4. Partition shall not be effected in respect of a month during which one of the former spouses is less than 18 years of age, is 70 years of age or more or is the beneficiary of a retirement or disability pension under this act or under a similar plan.
Partition shall not be effected, furthermore, in respect of a month included in a year during which the sum of the unadjusted pensionable earnings of the former spouses for the year does not exceed twice the basic exemption for the year.
1977, c. 24, s. 5.
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