R-9.2 - Act respecting the Pension Plan of Peace Officers in Correctional Services

Section 28 Disposition versions

2016-01-01

28. An employee who has had a period of absence without pay at a time during which pensionable employment was held under this plan may, if the employee so requests, be credited with all or part of a period of absence that was in progress on 1 January 1988 or that began after that date. If that period of absence ended after 31 December 2004, it must have consisted of more than 30 consecutive days or, in the case of a period of part-time absence without pay, of more than 20% of the regular time of a full-time employee holding similar employment.

To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by Retraite Québec, unless the employee is not contributing to the plan under section 18 or section 21. The application must be made after the date on which the period of absence ends. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension, death, a transfer agreement entered into under section 133 or, if the employee contributed after the period of absence, when the employee’s application for redemption and application for pension are received simultaneously at Retraite Québec.

An employee who ceases to be a member of the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld under section 42.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been withheld.

An employee who holds another pensionable employment under this plan or who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel during a period of absence without pay may not be credited with the days and parts of a day during which that employment is held.

1987, c. 107, s. 28; 2004, c. 39, s. 6; 2007, c. 43, s. 23; 2015, c. 20, s. 61.

2010-04-01

28. An employee who has had a period of absence without pay at a time during which pensionable employment was held under this plan may, if the employee so requests, be credited with all or part of a period of absence that was in progress on 1 January 1988 or that began after that date. If that period of absence ended after 31 December 2004, it must have consisted of more than 30 consecutive days or, in the case of a period of part-time absence without pay, of more than 20% of the regular time of a full-time employee holding similar employment.

To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by the Commission, unless the employee is not contributing to the plan under section 18 or section 21. The application must be made after the date on which the period of absence ends. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension, death, a transfer agreement entered into under section 133 or, if the employee contributed after the period of absence, when the employee’s application for redemption and application for pension are received simultaneously at the Commission.

An employee who ceases to be a member of the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld under section 42.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been withheld.

An employee who holds another pensionable employment under this plan or who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel during a period of absence without pay may not be credited with the days and parts of a day during which that employment is held.

1987, c. 107, s. 28; 2004, c. 39, s. 6; 2007, c. 43, s. 23.

2005-01-01

28. An employee who has had a period of absence without pay at a time during which pensionable employment was held under this plan may, if the employee so requests, be credited with all or part of a period of absence that was in progress on 1 January 1988 or that began after that date. If that period of absence ended after 31 December 2004, it must have consisted of more than 30 consecutive days or, in the case of a period of part-time absence without pay, of more than 20% of the regular time of a full-time employee holding similar employment.

The employee may not be credited with fewer than 10 pensionable days during the same calendar or school year unless the number of days of absence is less than ten. In that case, the employee must be credited with all such days.

To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by the Commission, unless the employee is not contributing to the plan under section 18 or section 21. The application must be made after the date on which the period of absence ends. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension, death, a transfer agreement entered into under section 133 or, if the employee contributed after the period of absence, when the employee’s application for redemption and application for pension are received simultaneously at the Commission.

An employee who ceases to be a member of the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld under section 42.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been withheld.

An employee who holds another pensionable employment under this plan or who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel during a period of absence without pay may not be credited with the days and parts of a day during which that employment is held.

1987, c. 107, s. 28; 2004, c. 39, s. 6.

1988-01-01

28. If the application for the redemption of a leave without pay authorized by the employer and referred to in section 27 is not received within six months following the return to work in the case of a full-time leave without pay, or within six months following the end of the authorized leave in the case of a part-time leave without pay, the first paragraph of section 21 applies.

The employee may, to pay the redemption costs of a leave without pay, spread payment thereof over such period and at such intervals as may be determined by the Commission.

1987, c. 107, s. 28.