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

Section 40 Disposition versions

2022-06-08

40. An employee who was granted a maternity leave or personal leave in connection with pregnancy or delivery while the employee was a member of the pension fund of officers of education established by Part VIII of the Education Act (R.S.Q. 1964, c. 235) or while the employee was a teacher within the meaning of the Teachers Pension Plan may be credited, without contributions and up to 90 contributory days, with the days of such leave which was in progress on 1 July 1965 or which began after that date but ended before 1 July 1976, provided the leave has not been otherwise credited under this plan, and provided the 90-day period allows the employee to complete 95% or more of the school year in which the employee was granted the leave.

An employee who was granted a maternity leave or personal leave in connection with pregnancy or delivery may be credited, without contributions and up to 120 contributory days, with the days of such leave that was in progress on 1 July 1976 or which began after that date but ended before 1 July 1983, provided the leave has not been otherwise credited under this plan.

To be credited with the days of the maternity leave or personal leave in connection with pregnancy or delivery, the employee referred to in the first or second paragraph is required to have contributed to the pension fund of officers of education established by Part VIII of the Education Act, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within 12 months preceding the beginning of the leave, and to have again contributed to the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within the two years following the year in which the leave ended, even if, in the last two cases, the employee referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time the employee again contributed.

Contributions paid by the employee to redeem the maternity leave or personal leave in connection with pregnancy or delivery under the provisions relating to the redemption of a leave without pay are refunded without interest if the leave was redeemed while the employee was an employee for the purposes of the Teachers Pension Plan or the Civil Service Superannuation Plan, and the sums paid by the employee are refunded with interest if the leave was redeemed while the employee was an employee for the purposes of the Government and Public Employees Retirement Plan. In this last case, interest is compounded annually at the rates determined in Schedule II to this Act to the date the application is received at Retraite Québec and at the rate determined in Schedule III from the day following that date. However, if the period redeemed in respect of a maternity leave or personal leave in connection with pregnancy or delivery which ended before 1 July 1976 exceeded 100 days, the leave cannot be credited without contributions and the contributions or the sums paid by the employee cannot be refunded. If the period redeemed in respect of a maternity leave or personal leave in connection with pregnancy or delivery which was in progress on 1 July 1976 or which began after that date exceeded the period credited under this section, the balance of the redeemed period remains credited to the account of the employee, even if it is less than 30 days.

1987, c. 107, s. 40; 1990, c. 87, s. 26; 2002, c. 30, s. 28; 2004, c. 39, s. 6; 2013, c. 9, s. 8; 2015, c. 20, s. 61; 2022, c. 22, ss. 287 to 289.

2016-01-01

40. A female employee who was granted a maternity leave while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan may be credited, without contributions and up to 90 contributory days, with the days of a maternity leave which was in progress on 1 July 1965 or which began after that date but ended before 1 July 1976, provided the leave has not been otherwise credited under this plan, and provided the 90-day period allows the employee to complete 95% or more of the school year in which she was granted the maternity leave.

A female employee who was granted a maternity leave may be credited, without contributions and up to 120 contributory days, with the days of a maternity leave that was in progress on 1 July 1976 or which began after that date but ended before 1 July 1983, provided the leave has not been otherwise credited under this plan.

To be credited with the days of the maternity leave, the employee referred to in the first or second paragraph is required to have contributed to the pension fund of officers of education established by Part VIII of the Education Act, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within 12 months preceding the beginning of the maternity leave, and to have again contributed to the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within the two years following the year in which the maternity leave ended, even if, in the last two cases, the employee referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time she again contributed.

Contributions paid by the employee to redeem the maternity leave under the provisions relating to the redemption of a leave without pay are refunded without interest if the leave was redeemed while she was an employee for the purposes of the Teachers Pension Plan or the Civil Service Superannuation Plan, and the sums paid by the employee are refunded with interest if the leave was redeemed while she was an employee for the purposes of the Government and Public Employees Retirement Plan. In this last case, interest is compounded annually at the rates determined in Schedule II to this Act to the date the application is received at Retraite Québec and at the rate determined in Schedule III from the day following that date. However, if the period redeemed in respect of a maternity leave which ended before 1 July 1976 exceeded 100 days, the maternity leave cannot be credited without contributions and the contributions or the sums paid by the employee cannot be refunded. If the period redeemed in respect of a maternity leave which was in progress on 1 July 1976 or which began after that date exceeded the period credited under this section, the balance of the redeemed period remains credited to the account of the employee, even if it is less than 30 days.

1987, c. 107, s. 40; 1990, c. 87, s. 26; 2002, c. 30, s. 28; 2004, c. 39, s. 6; 2013, c. 9, s. 8; 2015, c. 20, s. 61.

2013-05-23

40. A female employee who was granted a maternity leave while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan may be credited, without contributions and up to 90 contributory days, with the days of a maternity leave which was in progress on 1 July 1965 or which began after that date but ended before 1 July 1976, provided the leave has not been otherwise credited under this plan, and provided the 90-day period allows the employee to complete 95% or more of the school year in which she was granted the maternity leave.

A female employee who was granted a maternity leave may be credited, without contributions and up to 120 contributory days, with the days of a maternity leave that was in progress on 1 July 1976 or which began after that date but ended before 1 July 1983, provided the leave has not been otherwise credited under this plan.

To be credited with the days of the maternity leave, the employee referred to in the first or second paragraph is required to have contributed to the pension fund of officers of education established by Part VIII of the Education Act, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within 12 months preceding the beginning of the maternity leave, and to have again contributed to the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within the two years following the year in which the maternity leave ended, even if, in the last two cases, the employee referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time she again contributed.

Contributions paid by the employee to redeem the maternity leave under the provisions relating to the redemption of a leave without pay are refunded without interest if the leave was redeemed while she was an employee for the purposes of the Teachers Pension Plan or the Civil Service Superannuation Plan, and the sums paid by the employee are refunded with interest if the leave was redeemed while she was an employee for the purposes of the Government and Public Employees Retirement Plan. In this last case, interest is compounded annually at the rates determined in Schedule II to this Act to the date the application is received at the Commission and at the rate determined in Schedule III from the day following that date. However, if the period redeemed in respect of a maternity leave which ended before 1 July 1976 exceeded 100 days, the maternity leave cannot be credited without contributions and the contributions or the sums paid by the employee cannot be refunded. If the period redeemed in respect of a maternity leave which was in progress on 1 July 1976 or which began after that date exceeded the period credited under this section, the balance of the redeemed period remains credited to the account of the employee, even if it is less than 30 days.

1987, c. 107, s. 40; 1990, c. 87, s. 26; 2002, c. 30, s. 28; 2004, c. 39, s. 6; 2013, c. 9, s. 8.

2005-01-01

40. A female employee who was granted a maternity leave while she was a member of the pension fund of officers of education established by Part VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher within the meaning of the Teachers Pension Plan may be credited, without contributions and up to 90 contributory days, with the days of a maternity leave which was in progress on 1 July 1965 or which began after that date but ended before 1 July 1976, provided the leave has not been otherwise credited under this plan, and provided the 90-day period allows the employee to complete 95% or more of the school year in which she was granted the maternity leave.

A female employee who was granted a maternity leave may be credited, without contributions and up to 120 contributory days, with the days of a maternity leave that was in progress on 1 July 1976 or which began after that date but ended before 1 July 1983, provided the leave has not been otherwise credited under this plan.

To be credited with the days of the maternity leave, the employee referred to in the first or second paragraph is required to have contributed to the pension fund of officers of education established by Part VIII of the Education Act, the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within 12 months preceding the beginning of the maternity leave, and to have again contributed to the Teachers Pension Plan, the Civil Service Superannuation Plan or the Government and Public Employees Retirement Plan within the two years following the year in which the maternity leave ended, even if, in the last two cases, the employee referred to in the first paragraph was not a teacher within the meaning of the Teachers Pension Plan at the time she again contributed.

Contributions paid by the employee to redeem the maternity leave under the provisions relating to the redemption of a leave without pay are refunded without interest if the leave was redeemed while she was an employee for the purposes of the Teachers Pension Plan or the Civil Service Superannuation Plan, and the sums paid by the employee are refunded with interest if the leave was redeemed while she was an employee for the purposes of the Government and Public Employees Retirement Plan. In this last case, interest is compounded annually at the rates determined in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) to the date the application is received at the Commission and at the rate determined in Schedule VII to that Act from the day following that date. However, if the period redeemed in respect of a maternity leave which ended before 1 July 1976 exceeded 100 days, the maternity leave cannot be credited without contributions and the contributions or the sums paid by the employee cannot be refunded. If the period redeemed in respect of a maternity leave which was in progress on 1 July 1976 or which began after that date exceeded the period credited under this section, the balance of the redeemed period remains credited to the account of the employee, even if it is less than 30 days.

1987, c. 107, s. 40; 1990, c. 87, s. 26; 2002, c. 30, s. 28; 2004, c. 39, s. 6.

2002-06-14

40. An employee may be credited with all or part of the years and parts of a year of service not credited under this plan owing to the application of section 23 and the second paragraph of sections 38 and 39 by paying to the Commission the difference between the actuarial values of the benefits resulting from those years and parts of a year of service. The amount to be paid by the employee shall bear interest, compounded annually, at the rates determined for each period in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and running from the date on which the actuarial values are established to the date of the redemption proposal made by the Commission.

The amount determined under the first paragraph is payable in a lump sum or by instalments spread over the period and payable at the times determined by the Commission. If it is paid by instalments, it bears interest, compounded annually, at the rate provided for in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan on the date on which the application is received, computed from the date on which the redemption proposal expires.

1987, c. 107, s. 40; 1990, c. 87, s. 26; 2002, c. 30, s. 28.

1991-01-01

40. An employee may be credited with all or part of the years and parts of a year of service not credited under this plan owing to the application of section 23 and the second paragraph of sections 38 and 39 by paying to the Commission the difference between the actuarial values of the benefits resulting from those years and parts of a year of service. The amount to be paid by the employee shall bear interest, compounded annually, at the rates determined, for each period, under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and running from the date on which the actuarial values are established to the date of the redemption proposal made by the Commission.

The amount determined under the first paragraph is payable in a lump sum or by instalments spread over the period and payable at the times determined by the Commission. If it is paid by instalments, it bears interest, compounded annually, at the rate in force under the Act respecting the Government and Public Employees Retirement Plan on the date on which the application is received, computed from the date on which the redemption proposal expires.

1987, c. 107, s. 40; 1990, c. 87, s. 26.

1988-01-01

40. An employee may be credited with all or part of the years and parts of a year of service not credited under this plan owing to the application of section 23 and the second paragraph of sections 38 and 39 by paying to the Commission the difference between the actuarial values of the benefits resulting from those years and parts of a year of service. The amount to be paid by the employee shall bear interest, compounded annually, at the rates determined, for each period, under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and running from the date on which the actuarial values are established to the date of the notice from the Commission stating the amount to be paid.

The employee may pay the amount determined under the first paragraph in a single payment or spread such payment with interest, compounded annually, at the rate in force under the Act respecting the Government and Public Employees Retirement Plan on the date of receipt of the employee’s application, over such period and at such intervals as may be determined by the Commission.

1987, c. 107, s. 40.