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

Section 41 Disposition versions

2022-06-08

41. An employee who, while 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 a teacher within the meaning of the Teachers Pension Plan, ceased to be an employee for the purposes of the pension plan by reason of marriage, maternity, or pregnancy or delivery, or adoption may, provided, in the last case, the adoption was subsequently recognized for legal purposes by a judgment, be credited with all or part of the employee’s years of teaching prior to 1 January 1968 for which the employee obtained a refund of contributions, if the marriage, maternity, or pregnancy or delivery, or adoption occurred in the 12 months preceding or in the 24 months following the date on which the employee ceased to be covered by the plan.

The amount required of the employee to pay the cost of redemption is determined in accordance with section 33. This amount is payable in accordance with section 30. A pension credit granted under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) for one or more years and parts of a year is cancelled and the amounts paid to obtain the pension credit are refunded with interest, 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.

1987, c. 107, s. 41; 2004, c. 39, s. 6; 2013, c. 9, s. 9; 2015, c. 20, s. 61; 2022, c. 22, s. 245.

2016-01-01

41. An employee who, 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, ceased to be an employee for the purposes of her pension plan by reason of marriage, pregnancy or adoption may, provided, in the last case, the adoption was subsequently recognized for legal purposes by a judgment, be credited with all or part of her years of teaching prior to 1 January 1968 for which she obtained a refund of contributions, if the marriage, pregnancy or adoption occurred in the 12 months preceding or in the 24 months following the date on which she ceased to be covered by her plan.

The amount required of the employee to pay the cost of redemption is determined in accordance with section 33. This amount is payable in accordance with section 30. A pension credit granted under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) for one or more years and parts of a year is cancelled and the amounts paid to obtain the pension credit are refunded with interest, 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.

1987, c. 107, s. 41; 2004, c. 39, s. 6; 2013, c. 9, s. 9; 2015, c. 20, s. 61.

2013-05-23

41. An employee who, 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, ceased to be an employee for the purposes of her pension plan by reason of marriage, pregnancy or adoption may, provided, in the last case, the adoption was subsequently recognized for legal purposes by a judgment, be credited with all or part of her years of teaching prior to 1 January 1968 for which she obtained a refund of contributions, if the marriage, pregnancy or adoption occurred in the 12 months preceding or in the 24 months following the date on which she ceased to be covered by her plan.

The amount required of the employee to pay the cost of redemption is determined in accordance with section 33. This amount is payable in accordance with section 30. A pension credit granted under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) for one or more years and parts of a year is cancelled and the amounts paid to obtain the pension credit are refunded with interest, 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.

1987, c. 107, s. 41; 2004, c. 39, s. 6; 2013, c. 9, s. 9.

2005-01-01

41. An employee who, 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, ceased to be an employee for the purposes of her pension plan by reason of marriage, pregnancy or adoption may, provided, in the last case, the adoption was subsequently recognized for legal purposes by a judgment, be credited with all or part of her years of teaching prior to 1 January 1968 for which she obtained a refund of contributions, if the marriage, pregnancy or adoption occurred in the 12 months preceding or in the 24 months following the date on which she ceased to be covered by her plan.

The amount required of the employee to pay the cost of redemption is determined in accordance with section 33. This amount is payable in accordance with section 30. A pension credit granted under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) for one or more years and parts of a year is cancelled and the amounts paid to obtain the pension credit are refunded with interest, compounded annually at the rates determined in Schedule VI to that Act 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.

1987, c. 107, s. 41; 2004, c. 39, s. 6.

1988-01-01

41. The Commission shall refund to an employee whose years and parts of a year of service credited under this plan have been transferred to another pension plan on an actuarially equivalent basis, the amount, if any, by which the total amount of contributions accumulated under sections 71 to 73 exceeds the actuarial value of the benefits accrued under that other pension plan.

1987, c. 107, s. 41.