R-9 - Act respecting the Québec Pension Plan

Section 102.10.3 Disposition versions

2002-06-24

102.10.3. Entitlement to the partition of the unadjusted pensionable earnings registered during a period of de facto union, rectified, if necessary, in the proportion indicated in section 180, applies, to the extent and in the manner provided for in this subdivision, in respect of the following persons:

(a)  former de facto spouses of opposite sex or the same sex who have ceased to live in a de facto union for at least 12 months or such spouses one of whom died in the 12-month period after they ceased to live in a de facto union if, at the time they ceased to live in a de facto union, they had been living in a de facto union for at least three years or, in the cases mentioned in subparagraph b of the first paragraph of section 91, for at least one year and neither of them was married to or in a civil union with another person;

(b)  former spouses or spouses legally separated from bed and board who lived in a de facto union before their marriage; the latter spouses are, with respect to the period of de facto union, considered to be former de facto spouses from the date of effect of the judgment of divorce, annulment of marriage or separation from bed and board; or

(c)  former civil union spouses who lived in a de facto union before their civil union; the latter spouses are, with respect to the period of de facto union, considered to be de facto spouses from the date of effect of the dissolution, by way of a judgment or of a notarized joint declaration, or the annulment of their civil union.

1997, c. 73, s. 35; 1999, c. 14, s. 18; 2002, c. 6, s. 166.

1999-07-01

102.10.3. Entitlement to the partition of the unadjusted pensionable earnings registered during a period of de facto union, rectified, if necessary, in the proportion indicated in section 180, applies, to the extent and in the manner provided for in this subdivision, in respect of the following persons :

(a)  former de facto spouses of opposite sex or the same sex who have ceased to live in a de facto union for at least 12 months or such spouses one of whom died in the 12-month period after they ceased to live in a de facto union if, at the time they ceased to live in a de facto union, they had been living in a de facto union for at least three years or, in the cases mentioned in subparagraph b of the first paragraph of section 91, for at least one year and neither of them was married to another person ; or

(b)  former spouses or spouses legally separated from bed and board who lived in a de facto union before their marriage ; the latter spouses are, with respect to the period of de facto union, considered to be former de facto spouses from the date of effect of the judgment of divorce, annulment of marriage or separation from bed and board.

1997, c. 73, s. 35; 1999, c. 14, s. 18.