R-9 - Act respecting the Québec Pension Plan

Section 91.1 Disposition versions

1999-06-16

91.1. Notwithstanding the first paragraph of section 91, the person who, on the day of the death of the contributor, is married to the contributor but is separated from bed and board as a result of a judgment which took effect in their regard before 1 July 1989, qualifies as a surviving spouse provided that no new judgment of separation from bed and board took effect in their regard after 30 June 1989, except if another person of the opposite or the same sex has been living in a de facto union with the contributor for at least three years.

In addition, the person who, on the day of the death of the contributor, is married to the contributor but is separated from bed and board as a result of a judgment having taken effect between 30 June 1989 and 1 January 1994 may be considered to be the contributor’s surviving spouse where

(a)  no partition of earnings was effected following the judgment;

(b)  no new judgment of separation from bed and board took effect in their respect after 31 December 1993;

(c)  no person meets the conditions set out in subparagraph b of the first paragraph of section 91.

1985, c. 4, s. 5; 1993, c. 15, s. 16; 1997, c. 73, s. 19; 1999, c. 14, s. 17.

1998-01-01

91.1. Notwithstanding the first paragraph of section 91, the person who, on the day of the death of the contributor, is married to the contributor but is separated from bed and board as a result of a judgment which took effect in their regard before 1 July 1989, qualifies as a surviving spouse provided that no new judgment of separation from bed and board took effect in their regard after 30 June 1989, except if another person has been living in a de facto union with the contributor for at least three years.

In addition, the person who, on the day of the death of the contributor, is married to the contributor but is separated from bed and board as a result of a judgment having taken effect between 30 June 1989 and 1 January 1994 may be considered to be the contributor’s surviving spouse where

(a)  no partition of earnings was effected following the judgment;

(b)  no new judgment of separation from bed and board took effect in their respect after 31 December 1993;

(c)  no person meets the conditions set out in subparagraph b of the first paragraph of section 91.

1985, c. 4, s. 5; 1993, c. 15, s. 16; 1997, c. 73, s. 19.

1994-01-01

91.1. Notwithstanding the first paragraph of section 91, the person who, on the day of the death of the contributor, is married to the contributor but is separated from bed and board as a result of a judgment which took effect in their regard before 1 July 1989, qualifies as a surviving spouse provided that no new judgment of separation from bed and board took effect in their regard after 30 June 1989, except if another person has been living in a de facto union with the contributor for at least three years.

1985, c. 4, s. 5; 1993, c. 15, s. 16.

1985-04-04

91.1. The Board may decide that a person shall be deemed to be, for the purposes of this Act, the surviving spouse of a contributor deceased after 3 April 1985 and to have become married to the contributor at such time as he commenced being represented as the spouse of the contributor, on satisfactory proof that he had been residing with the contributor, and that he had been publicly represented by the contributor as his spouse

(a)  for one year immediately before the death of the contributor if a child was born or is to be born of their union and if neither he nor the contributor was married to another person;

(b)  in the opposite case, for three years immediately before the death of the contributor.

1985, c. 4, s. 5.