R-9 - Act respecting the Québec Pension Plan

Section 136.1 Disposition versions

2024-01-01

136.1. The basic monthly amount of the surviving spouse’s pension of a spouse 65 years of age or over to whom a retirement pension is payable under this Act or under a similar plan is equal to the aggregate of the following three amounts:

(a)  the lesser of

(1)  c – d, and

(2)  the greater of E and F, calculated as follows:

a × 37.5% = E

(a × 60%) – (d × 40%) = F;

(b)  50% of the amount established in accordance with section 137.1; and

(c)  50% of the amount established in accordance with section 137.2;

where

“a” is the amount established in accordance with section 137;

“c” is the maximum base monthly retirement pension for the year that includes the month for which the basic monthly amount is established, calculated in accordance with section 116.6 and adjusted according to section 120.1, but taking into account the fact that the ratio by which the adjustment factor is multiplied is equal to one; and

“d” is the amount of the retirement pension, calculated as provided in subparagraph a of the first paragraph of section 120 and adjusted in accordance with section 119, which is payable to the surviving spouse for the month for which the basic monthly amount is established, calculated without taking account either of a partition, if any, of the retirement pension effected under sections 158.3 to 158.8 or a similar plan, or of an additional pension established under section 120.3.

Nevertheless, if the basic monthly amount thus calculated is less than zero, the amount is deemed to be nil.

2022, c. 3, s. 89.