R-12.1 - Act respecting the Pension Plan of Management Personnel

Section 133 Disposition versions

2022-06-08

133. This division applies to an employee, except a seasonal or casual employee, who has not already availed themself of it and who, within the scope of an agreement with their employer, agrees to a reduction of their working time for a period of one to five years, provided the employee retires at the end of that period. However, the employee’s working time may not be less than 40% of the regular time of a full-time employee in such employment.

Before an employee may avail themself of this division, the employee must obtain from Retraite Québec reasonable assurance that the employee will be entitled to a pension on the date set for the end of the agreement. For this purpose, Retraite Québec shall estimate the years or parts of a year of service that will be credited to the employee at the end of the agreement. Any change to the date fixed for the beginning or the end of the agreement must be accepted by Retraite Québec before being made.

However, if at the end of the agreement the number of years or parts of a year of service credited to the employee is less than the number estimated by Retraite Québec or the employee is not entitled to a pension, or if the agreement is suspended by reason of circumstances determined by regulation, the agreement shall be extended, even where this causes the period to exceed five years, until the date on which the number of years or parts of a year of service credited to the employee is equal to the estimate made by Retraite Québec in the first case and, in the other cases, until the date on which the employee becomes entitled to a pension.

A person who has availed themself of Division II.1 of Chapter V.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) is deemed to have already availed themself of this division, and the agreement entered into with the person’s employer shall continue to apply as if it had been entered into pursuant to this division.

2001, c. 31, s. 133; 2015, c. 20, s. 61; 2022, c. 22, s. 288.

2016-01-01

133. This division applies to an employee, except a seasonal or casual employee, who has not already availed himself or herself of it and who, within the scope of an agreement with his or her employer, agrees to a reduction of his or her working time for a period of one to five years, provided he or she retires at the end of that period. However, the employee’s working time may not be less than 40% of the regular time of a full-time employee in such employment.

Before an employee may avail himself or herself of this division, the employee must obtain from Retraite Québec reasonable assurance that he or she will be entitled to a pension on the date set for the end of the agreement. For this purpose, Retraite Québec shall estimate the years or parts of a year of service that will be credited to the employee at the end of the agreement. Any change to the date fixed for the beginning or the end of the agreement must be accepted by Retraite Québec before being made.

However, if at the end of the agreement the number of years or parts of a year of service credited to the employee is less than the number estimated by Retraite Québec or the employee is not entitled to a pension, or if the agreement is suspended by reason of circumstances determined by regulation, the agreement shall be extended, even where this causes the period to exceed five years, until the date on which the number of years or parts of a year of service credited to the employee is equal to the estimate made by Retraite Québec in the first case and, in the other cases, until the date on which the employee becomes entitled to a pension.

A person who has availed himself or herself of Division II.1 of Chapter V.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) is deemed to have already availed himself or herself of this division, and the agreement entered into with the person’s employer shall continue to apply as if it had been entered into pursuant to this division.

2001, c. 31, s. 133; 2015, c. 20, s. 61.

2001-06-21

133. This division applies to an employee, except a seasonal or casual employee, who has not already availed himself or herself of it and who, within the scope of an agreement with his or her employer, agrees to a reduction of his or her working time for a period of one to five years, provided he or she retires at the end of that period. However, the employee’s working time may not be less than 40% of the regular time of a full-time employee in such employment.

Before an employee may avail himself or herself of this division, the employee must obtain from the Commission reasonable assurance that he or she will be entitled to a pension on the date set for the end of the agreement. For this purpose, the Commission shall estimate the years or parts of a year of service that will be credited to the employee at the end of the agreement. Any change to the date fixed for the beginning or the end of the agreement must be accepted by the Commission before being made.

However, if at the end of the agreement the number of years or parts of a year of service credited to the employee is less than the number estimated by the Commission or the employee is not entitled to a pension, or if the agreement is suspended by reason of circumstances determined by regulation, the agreement shall be extended, even where this causes the period to exceed five years, until the date on which the number of years or parts of a year of service credited to the employee is equal to the estimate made by the Commission in the first case and, in the other cases, until the date on which the employee becomes entitled to a pension.

A person who has availed himself or herself of Division II.1 of Chapter V.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) is deemed to have already availed himself or herself of this division, and the agreement entered into with the person’s employer shall continue to apply as if it had been entered into pursuant to this division.

2001, c. 31, s. 133.