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R-9 - Act respecting the Québec Pension Plan

Section 158.6
Disposition versions

Full text
158.6. For the purposes of section 158.5,
(1)  the combined base contributory period of the spouses is the period which begins on the date on which the base contributory period of the older spouse begins and which terminates, as the case may be,
(a)  on the date of the end of the base contributory period of the spouses which terminated last, where both spouses are beneficiaries of a retirement pension;
(b)  at the end of the later of the following months, where one of the spouses is the beneficiary of a retirement pension and the other is not a contributor:
 — the month in which the base contributory period of the spouse who is a beneficiary ends, and
 — the month preceding the date of effect of the partition and the month preceding the seventy-second birthday of the spouse who is not a contributor, whichever is earlier.
In cases to which subparagraphs a and b of subparagraph 3 of the first paragraph of section 158.3 apply, the combined base contributory period does not include any month which, pursuant to the third paragraph of section 101, is excluded from the base contributory period of one of the spouses if it is also excluded from the base contributory period of the other spouse.
(2)  the period in which the spouses lived together means
(a)  in the case of married or civil union spouses, the period which begins on the first day of the month of their marriage or civil union and ends on the last day of their combined base contributory period; if a joint application is made, every period of de facto union prior to the marriage or civil union as defined by regulation shall also be included in the period in which the spouses lived together;
(b)  in the case of de facto spouses, the period of de facto union, which begins on the first day of the month in which they began to live in a de facto union and ends on the last day of their combined base contributory period.
The months that do not form part of the combined base contributory period of the spouses are excluded from the period in which the spouses lived together as well as the months during which the de facto spouses are, pursuant to the regulations, deemed not to have lived in a de facto union.
1993, c. 15, s. 61; 1997, c. 73, s. 67; 2002, c. 6, s. 171; 2018, c. 2, s. 82; 2023, c. 30, s. 15.
158.6. For the purposes of section 158.5,
(1)  the combined base contributory period of the spouses is the period which begins on the date on which the base contributory period of the older spouse begins and which terminates, as the case may be,
(a)  on the date of the end of the base contributory period of the spouses which terminated last, where both spouses are beneficiaries of a retirement pension;
(b)  at the end of the later of the following months, where one of the spouses is the beneficiary of a retirement pension and the other is not a contributor:
 — the month in which the base contributory period of the spouse who is a beneficiary ends, and
 — the month preceding the date of effect of the partition and the month preceding the seventieth birthday of the spouse who is not a contributor, whichever is earlier.
In cases to which subparagraphs a and b of subparagraph 3 of the first paragraph of section 158.3 apply, the combined base contributory period does not include any month which, pursuant to the third paragraph of section 101, is excluded from the base contributory period of one of the spouses if it is also excluded from the base contributory period of the other spouse.
(2)  the period in which the spouses lived together means
(a)  in the case of married or civil union spouses, the period which begins on the first day of the month of their marriage or civil union and ends on the last day of their combined base contributory period; if a joint application is made, every period of de facto union prior to the marriage or civil union as defined by regulation shall also be included in the period in which the spouses lived together;
(b)  in the case of de facto spouses, the period of de facto union, which begins on the first day of the month in which they began to live in a de facto union and ends on the last day of their combined base contributory period.
The months that do not form part of the combined base contributory period of the spouses are excluded from the period in which the spouses lived together as well as the months during which the de facto spouses are, pursuant to the regulations, deemed not to have lived in a de facto union.
1993, c. 15, s. 61; 1997, c. 73, s. 67; 2002, c. 6, s. 171; 2018, c. 2, s. 82.
158.6. For the purposes of section 158.5,
(1)  the combined contributory period of the spouses is the period which begins on the date on which the contributory period of the older spouse begins and which terminates, as the case may be,
(a)  on the date of the end of the contributory period of the spouses which terminated last, where both spouses are beneficiaries of a retirement pension;
(b)  at the end of the later of the following months, where one of the spouses is the beneficiary of a retirement pension and the other is not a contributor:
 — the month in which the contributory period of the spouse who is a beneficiary ends, and
 — the month preceding the date of effect of the partition and the month preceding the seventieth birthday of the spouse who is not a contributor, whichever is earlier.
In cases to which subparagraphs a and b of subparagraph 3 of the first paragraph of section 158.3 apply, the combined contributory period does not include any month which, pursuant to the second paragraph of section 101, is excluded from the contributory period of one of the spouses if it is also excluded from the contributory period of the other spouse.
(2)  the period in which the spouses lived together means
(a)  in the case of married or civil union spouses, the period which begins on the first day of the month of their marriage or civil union and ends on the last day of their combined contributory period; if a joint application is made, every period of de facto union prior to the marriage or civil union as defined by regulation shall also be included in the period in which the spouses lived together;
(b)  in the case of de facto spouses, the period of de facto union, which begins on the first day of the month in which they began to live in a de facto union and ends on the last day of their combined contributory period.
The months that do not form part of the combined contributory period of the spouses are excluded from the period in which the spouses lived together as well as the months during which the de facto spouses are, pursuant to the regulations, deemed not to have lived in a de facto union.
1993, c. 15, s. 61; 1997, c. 73, s. 67; 2002, c. 6, s. 171.
158.6. For the purposes of section 158.5,
(1)  the combined contributory period of the spouses is the period which begins on the date on which the contributory period of the older spouse begins and which terminates, as the case may be,
(a)  on the date of the end of the contributory period of the spouses which terminated last, where both spouses are beneficiaries of a retirement pension;
(b)  at the end of the later of the following months, where one of the spouses is the beneficiary of a retirement pension and the other is not a contributor:
 — the month in which the contributory period of the spouse who is a beneficiary ends, and
 — the month preceding the date of effect of the partition and the month preceding the seventieth birthday of the spouse who is not a contributor, whichever is earlier.
In cases to which subparagraphs a and b of subparagraph 3 of the first paragraph of section 158.3 apply, the combined contributory period does not include any month which, pursuant to the second paragraph of section 101, is excluded from the contributory period of one of the spouses if it is also excluded from the contributory period of the other spouse.
(2)  the period in which the spouses lived together means
(a)  in the case of married spouses, the period which begins on the first day of the month of their marriage and ends on the last day of their combined contributory period ; if a joint application is made, every period of de facto union prior to the marriage as defined by regulation shall also be included in the period in which the spouses lived together ;
(b)  in the case of de facto spouses, the period of de facto union, which begins on the first day of the month in which they began to live in a de facto union and ends on the last day of their combined contributory period.
The months that do not form part of the combined contributory period of the spouses are excluded from the period in which the spouses lived together as well as the months during which the de facto spouses are, pursuant to the regulations, deemed not to have lived in a de facto union.
1993, c. 15, s. 61; 1997, c. 73, s. 67.
158.6. For the purposes of section 158.5,
(1)  the combined contributory period of the spouses is the period which begins on the date on which the contributory period of the older spouse begins and which terminates, as the case may be,
(a)  on the date of the end of the contributory period of the spouses which terminated last, where both spouses are beneficiaries of a retirement pension;
(b)  at the end of the later of the following months, where one of the spouses is the beneficiary of a retirement pension and the other is not a contributor:
 — the month in which the contributory period of the spouse who is a beneficiary ends, and
 — the month preceding the date of effect of the partition and the month preceding the seventieth birthday of the spouse who is not a contributor, whichever is earlier.
In cases to which subparagraphs a and b of the first paragraph of section 158.3 apply, the combined contributory period does not include any month which, pursuant to the second paragraph of section 101, is excluded from the contributory period of one of the spouses if it is also excluded from the contributory period of the other spouse.
(2)  the period of marriage of the spouses is the period which begins on the first day of the month of their marriage and terminates on the last day of their combined contributory period. Any month which is not part of their combined contributory period is excluded.
1993, c. 15, s. 61; 1997, c. 73, s. 67.
158.6. For the purposes of section 158.5,
(1)  the combined contributory period of the spouses is the period which begins on the date on which the contributory period of the older spouse begins and which terminates, as the case may be,
(a)  on the date of the end of the contributory period of the spouses which terminated last, where both spouses are beneficiaries of a retirement pension;
(b)  at the end of the later of the following months, where one of the spouses is the beneficiary of a retirement pension and the other is not a contributor:
 — the month in which the contributory period of the spouse who is a beneficiary ends, and
 — the earliest of the month in which the application for partition is approved and the month preceding the seventieth birthday of the spouse who is not a contributor.
In cases to which subparagraphs a and b of the first paragraph of section 158.3 apply, the combined contributory period does not include any month which, pursuant to the second paragraph of section 101, is excluded from the contributory period of one of the spouses if it is also excluded from the contributory period of the other spouse.
(2)  the period of marriage of the spouses is the period which begins on the first day of the month of their marriage and terminates on the last day of their combined contributory period. Any month which is not part of their combined contributory period is excluded.
1993, c. 15, s. 61.
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