R-9 - Act respecting the Québec Pension Plan

Section 49.1 Disposition versions

2024-05-07

49.1. A worker may elect, in respect of a year other than an excluded year, to have his self-employed earnings not be considered, from the day provided for in the fourth paragraph, to be pensionable self-employed earnings if

(a)  the worker reached 65 years of age in the year or a preceding year;

(b)  a retirement pension is payable to the worker under this Act or a similar plan in the year; and

(c)  the worker has not made an election under this paragraph in respect of the year.

In addition, a worker may elect, in respect of a year other than an excluded year, to have his earnings as a family-type resource or an intermediate resource not be considered, from the day provided for in the fourth paragraph, to be pensionable earnings as such a resource if the conditions set out in subparagraphs a and b of the first paragraph are met for the year and the worker has not made an election under this paragraph in respect of the year.

The worker makes the election provided for in the first or second paragraph in the prescribed form that the worker sends to the Minister together with the return of his self-employed earnings or the return of his earnings as a family-type resource or an intermediate resource, as the case may be, which the worker is required to file for the year under section 76.

The election is deemed to have been made on the first day of the month of the year that the worker specifies in the prescribed form. However, where the year is that of the worker’s sixty-fifth birthday or the year in which a retirement pension becomes payable to the worker under this Act or a similar plan, the month the worker can specify may precede neither the month of that birthday nor the month in which such a pension becomes payable to the worker.

For the purposes of the first and second paragraphs, the year in respect of which the election is revoked by the worker under section 49.2 is an excluded year.

2024, c. 11, s. 160.