R-9 - Act respecting the Québec Pension Plan

Section 136 Disposition versions

2024-01-01

136. The basic monthly amount of the surviving spouse’s pension of a spouse under 65 years of age to whom a retirement pension is paid under this Act or under a similar plan is equal to the aggregate of the following three amounts:

(a)  the lesser of G and H, calculated as follows:

(a × 37.5%) + b = G

[b + (c – d)] – e = H;

(b)  50% of the amount established in accordance with section 137.1; and

(c)  50% of the amount established in accordance with section 137.2;

where

“a” is the amount established in accordance with section 137;

“b” is the amount of the flat benefit included in the surviving spouse’s pension payable to the spouse for the month for which the basic monthly amount is established;

“c” is the maximum base monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1, but taking into account the fact that the ratio by which the adjustment factor is multiplied is equal to one;

“d” is the amount of the retirement pension, calculated as provided in subparagraph a of the first paragraph of section 120 and adjusted in accordance with section 119, which is payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account either of a partition, if any, of the retirement pension effected under sections 158.3 to 158.8 or a similar plan, or of an additional pension established under section 120.3; and

“e” is, where applicable, the amount of the disability pension payable under this Act or the benefit for disability after retirement payable under a similar plan to the surviving spouse for the month for which the basic monthly amount is established.

Nevertheless, if the basic monthly amount thus calculated is less than zero, the amount is deemed to be nil.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51; 1997, c. 73, s. 54; 2008, c. 21, s. 47; 2011, c. 36, s. 16; 2018, c. 2, s. 76; 2022, c. 3, s. 109; 2022, c. 3, s. 88.

2022-02-24

136. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a retirement pension is payable under this Act or under a similar plan is equal

(a)  in the case of a spouse who is under 65 years of age, to the amount of the flat benefit which, if no retirement pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established, to which the aggregate of the following three amounts is added:

(1)  the lesser of E and F, calculated as follows:

a × 37.5% = E

c – d = F;

(2)  50% of the amount established in accordance with section 137.1; and

(3)  50% of the amount established in accordance with section 137.2;

(b)  in the case of a spouse who is 65 years of age or over, to the aggregate of the three following amounts:

(1)  the lesser of the following amounts:

i.  c – d; and

ii.  the greater of G and H, calculated as follows:

a × 37.5% = G

(a × 60%) – (d × 40%) = H;

(2)  50% of the amount established in accordance with section 137.1; and

(3)  50% of the amount established in accordance with section 137.2;

where

“a” is the amount established in accordance with section 137;

“c” is the maximum base monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1, but taking into account the fact that the ratio by which the adjustment factor is multiplied is equal to one;

“d” represents the amount of the retirement pension, calculated as provided in subparagraph a of the first paragraph of section 120 and adjusted in accordance with section 119, which is payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account either of a partition, if any, of the retirement pension effected pursuant to sections 158.3 to 158.8 or a similar plan, or of an additional pension established under section 120.3, and to which is added, if applicable, the additional amount for disability after retirement.

Nevertheless, if the basic monthly amount thus calculated is less than zero, the amount is deemed to be nil.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51; 1997, c. 73, s. 54; 2008, c. 21, s. 47; 2011, c. 36, s. 16; 2018, c. 2, s. 76; 2022, c. 3, s. 109.

The transitional provision 2022, c. 3, s. 109 is applicable from 1 January 2022 to 31 December 2023.

2018-02-22

136. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a retirement pension is payable under this Act or under a similar plan is equal

(a)  in the case of a spouse who is under 65 years of age, to the amount of the flat benefit which, if no retirement pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established, to which the aggregate of the following three amounts is added:

(1)  the lesser of E and F, calculated as follows:

a × 37.5% = E

c – d = F;

(2)  50% of the amount established in accordance with section 137.1; and

(3)  50% of the amount established in accordance with section 137.2;

(b)  in the case of a spouse who is 65 years of age or over, to the aggregate of the three following amounts:

(1)  the lesser of the following amounts:

i.  c – d; and

ii.  the greater of G and H, calculated as follows:

a × 37.5% = G

(a × 60%) – (d × 40%) = H;

(2)  50% of the amount established in accordance with section 137.1; and

(3)  50% of the amount established in accordance with section 137.2;

where

“a” is the amount established in accordance with section 137;

“c” is the maximum base monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1 by taking into account the age of the surviving spouse at the time of retirement, and according to section 120.2, taking into account the fact that the ratio by which the adjustment factor is multiplied in those two sections is equal to one;

“d” represents the amount of the retirement pension, calculated as provided in subparagraph a of the first paragraph of section 120 and adjusted in accordance with section 119, which is payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account either of a partition, if any, of the retirement pension effected pursuant to sections 158.3 to 158.8 or a similar plan, or of an additional pension established under section 120.3, and to which is added, if applicable, the additional amount for disability after retirement.

Nevertheless, if the basic monthly amount thus calculated is less than zero, the amount is deemed to be nil.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51; 1997, c. 73, s. 54; 2008, c. 21, s. 47; 2011, c. 36, s. 16; 2018, c. 2, s. 76.

2014-01-01

136. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a retirement pension is payable under this Act or under a similar plan is equal

(a)  in the case of a spouse who is under 65 years of age, to the amount of the flat benefit which, if no retirement pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established, to which the lesser of E and F, calculated as follows, is added:

a × 37.5% = E

c − d = F

(b)  in the case of a spouse who is 65 years of age or over, to the lesser of the amounts obtained pursuant to the following paragraphs:

i.  c − d

ii.  the greater of G and H, calculated as follows:

a × 37.5% = G

(a × 60%) − (d × 40%) = H

where

“a” is the amount established in accordance with section 137;

“c” is the maximum monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1 by taking into account the age of the surviving spouse at the time of retirement, and according to section 120.2, taking into account the fact that the ratio by which the adjustment factor is multiplied in those two sections is equal to one;

“d” represents the amount of the retirement pension which is payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account either of a partition, if any, of the retirement pension effected pursuant to sections 158.3 to 158.8 or a similar plan, or of an additional pension established under section 120.3, and to which is added, if applicable, the additional amount for disability after retirement.

Nevertheless, if the basic monthly amount thus calculated is less than zero, the amount is deemed to be nil.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51; 1997, c. 73, s. 54; 2008, c. 21, s. 47; 2011, c. 36, s. 16.

2013-01-01

136. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a retirement pension is payable under this Act or under a similar plan is equal

(a)  in the case of a spouse who is under 65 years of age, to the amount of the flat benefit which, if no retirement pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established, to which the lesser of E and F, calculated as follows, is added:

a × 37.5% = E

c − d = F

(b)  in the case of a spouse who is 65 years of age or over, to the lesser of the amounts obtained pursuant to the following paragraphs:

i.  c − d

ii.  the greater of G and H, calculated as follows:

a × 37.5% = G

(a × 60%) − (d × 40%) = H

where

“a” is the amount established in accordance with section 137;

“c” is the maximum monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1 by taking into account the age of the surviving spouse at the time of retirement, and according to section 120.2;

“d” represents the amount of the retirement pension which is payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account either of a partition, if any, of the retirement pension effected pursuant to sections 158.3 to 158.8 or a similar plan, or of an additional pension established under section 120.3, and to which is added, if applicable, the additional amount for disability after retirement.

Nevertheless, if the basic monthly amount thus calculated is less than zero, the amount is deemed to be nil.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51; 1997, c. 73, s. 54; 2008, c. 21, s. 47; 2011, c. 36, s. 16.

2008-06-20

136. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a retirement pension is payable under this Act or under a similar plan is equal

(a)  in the case of a spouse who is under 65 years of age, to the amount of the flat benefit which, if no retirement pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established, to which the lesser of E and F, calculated as follows, is added:

a × 37.5% = E

c − d = F

(b)  in the case of a spouse who is 65 years of age or over, to the lesser of the amounts obtained pursuant to the following paragraphs:

i.  c − d

ii.  the greater of G and H, calculated as follows:

a × 37.5% = G

(a × 60%) − (d × 40%) = H

where

“a” is the amount established in accordance with section 137;

“c” is the maximum monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1 by taking into account the age of the surviving spouse at the time of retirement, and according to section 120.2;

“d” represents the amount of the retirement pension payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account either of a partition, if any, of the retirement pension effected pursuant to sections 158.3 to 158.8 or a similar plan, or of an additional pension established under section 120.3.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51; 1997, c. 73, s. 54; 2008, c. 21, s. 47.

1998-01-01

136. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a retirement pension is payable under this Act or under a similar plan is equal

(a)  in the case of a spouse who is under 65 years of age, to the amount of the flat benefit which, if no retirement pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established, to which the lesser of E and F, calculated as follows, is added:

                   a x 37.5 % = E
                     c - d = F

(b)  in the case of a spouse who is 65 years of age or over, to the lesser of the amounts obtained pursuant to the following paragraphs:

i.  c — d

ii.  the greater of G and H, calculated as follows:

   a x 37.5 % = G
   (a x 60 %) - (d x 40 %) = H

where

“a” is the amount established in accordance with section 137;

“c” is the maximum monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1 by taking into account the age of the surviving spouse at the time of retirement, and according to section 120.2;

“d” represents the amount of the retirement pension payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account of a partition, if any, of the retirement pension effected pursuant to sections 158.3 to 158.8 or a similar plan.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51; 1997, c. 73, s. 54.

1994-01-01

136. The basic monthly amount of the surviving spouse’s pension of a spouse to whom a retirement pension is payable under this Act or under a similar plan is equal

(a)  in the case of a spouse who is under 65 years of age, to the amount of the flat benefit which, if no retirement pension were payable to him, would be included in his surviving spouse’s pension for the month for which the basic monthly amount is established, to which the lesser of E and F, calculated as follows, is added:

                   a x 37.5 % = EŠ                     c - d = F

(b)  in the case of a spouse who is 65 years of age or over, to the lesser of the amounts obtained pursuant to the following paragraphs:

i.  c — d

ii.  the greater of G and H, calculated as follows:

   a x 37.5 % = GŠ   (a x 60 %) - (d x 40 %) = H

where

“a” represents the amount of the retirement pension of the contributor;

“c” is 25 % of 1/12 of the average Maximum Pensionable Earnings for the year of the month for which the basic monthly amount is established and the two preceding years, adjusted in accordance with section 120.1 by taking account of the age of the surviving spouse at the time of his retirement;

“d” represents the amount of the retirement pension payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account of a partition, if any, of the retirement pension effected pursuant to sections 158.3 to 158.8 or a similar plan.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3; 1993, c. 15, s. 51.

1989-07-01

136. (Repealed).

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26; 1989, c. 42, s. 3.

1977-12-31

136. For the purposes of section 134, the monthly amount of the retirement pension payable to the surviving spouse of a contributor shall be calculated without regard to sections 159 to 163, or any similar provisions of a similar plan, as the amount thereof payable to such surviving spouse for a month in the year in which he first became entitled to the surviving spouse’s or retirement pension, having become entitled to the other such pension.

1965 (1st sess.), c. 24, s. 147; 1974, c. 16, s. 26.