R-9 - Act respecting the Québec Pension Plan

Section 158.3 Disposition versions

2002-06-24

158.3. A retirement pension may be partitioned between the beneficiary and the beneficiary’s spouse

(1)  if they are married and not legally separated from bed and board or if they are in a civil union, upon written application by either of them ;

(2)  if neither the beneficiary nor the beneficiary’s spouse of the opposite or the same sex is married to or in a civil union with another person and they have 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, upon written application made jointly, or

(3)  if the beneficiary’s spouse satisfies one of the following conditions :

(a)  he is the beneficiary of a retirement pension payable under this Act;

(b)  he is the beneficiary of a retirement pension payable under a similar plan, and an agreement entered into with the authority which administers that plan permits such a partition;

(c)  he has reached 60 years of age and is not a contributor within the meaning of paragraph l of section 1 or a similar plan.

Any partition made in favour of a spouse to whom subparagraph a or b of subparagraph 3 of the first paragraph applies entails the partition of the spouse’s own pension ; in the case of subparagraph b, partition is effected in accordance with the agreement referred to therein.

1993, c. 15, s. 61; 1997, c. 73, s. 65; 1999, c. 14, s. 19; 2002, c. 6, s. 170.

1999-07-01

158.3. A retirement pension may be partitioned between the beneficiary and the beneficiary’s spouse

(1)  if they are married and not legally separated from bed and board, upon written application by either of them ;

(2)  if neither the beneficiary nor the beneficiary’s spouse of the opposite or the same sex is married to another person and they have 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, upon written application made jointly, or

(3)  if the beneficiary’s spouse satisfies one of the following conditions :

(a)  he is the beneficiary of a retirement pension payable under this Act;

(b)  he is the beneficiary of a retirement pension payable under a similar plan, and an agreement entered into with the authority which administers that plan permits such a partition;

(c)  he has reached 60 years of age and is not a contributor within the meaning of paragraph l of section 1 or a similar plan.

Any partition made in favour of a spouse to whom subparagraph a or b of subparagraph 3 of the first paragraph applies entails the partition of the spouse’s own pension ; in the case of subparagraph b, partition is effected in accordance with the agreement referred to therein.

1993, c. 15, s. 61; 1997, c. 73, s. 65; 1999, c. 14, s. 19.

1994-01-01

158.3. A retirement pension may, upon a written application by the beneficiary or his spouse, be partitioned between them provided they are married and not legally separated from bed and board, and provided the spouse of the beneficiary satisfies one of the following conditions:

(a)  he is the beneficiary of a retirement pension payable under this Act;

(b)  he is the beneficiary of a retirement pension payable under a similar plan, and an agreement entered into with the authority which administers that plan permits such a partition;

(c)  he has reached 60 years of age and is not a contributor within the meaning of paragraph l of section 1 or a similar plan.

Any partition made in favour of a spouse to whom subparagraph a or b of the first paragraph applies shall result in the partition of his own pension; in the case of subparagraph b, partition is effected in accordance with the agreement referred to therein.

1993, c. 15, s. 61.