R-9 - Act respecting the Québec Pension Plan

Section 102.4.1 Disposition versions

2016-01-01

102.4.1. If benefits are payable to or in respect of at least one of the former spouses, and Retraite Québec establishes that neither former spouse would benefit from the partition, it does not effect the partition or, on application by a former spouse within the time set by regulation, it annuls a partition already effected.

Retraite Québec informs each of the former spouses in writing if it knows their addresses.

1996, c. 15, s. 3; 2008, c. 21, s. 39; 2015, c. 20, s. 61.

2009-01-01

102.4.1. If benefits are payable to or in respect of at least one of the former spouses, and the Board establishes that neither former spouse would benefit from the partition, it does not effect the partition or, on application by a former spouse within the time set by regulation, it annuls a partition already effected.

The Board informs each of the former spouses in writing if it knows their addresses.

1996, c. 15, s. 3; 2008, c. 21, s. 39.

1996-06-20

102.4.1. Notwithstanding the first paragraph or section 102.1, the Régie may, in the following situations, not effect the partition of earnings or, if a former spouse who is a beneficiary of benefits applies therefor within the time fixed by regulation, annul a partition

(a)  where benefits are payable to or in respect of both former spouses and the Régie establishes that partition reduces the benefits; or

(b)  provided the Régie obtains the consent of the former spouses, where benefits are payable to or in respect of only one former spouse and the Régie establishes that partition would cause a reduction of such benefits without causing the other former spouse to qualify for any of the benefits listed in section 105 or increasing the benefits that may become payable to the other former spouse.

The Régie shall inform the former spouses where it does not effect partition or annuls a partition.

1996, c. 15, s. 3.