R-9 - Act respecting the Québec Pension Plan

Section 194 Disposition versions

2016-01-01

194. Retraite Québec may, of its own initiative or at the request of an interested person, rectify any entry in the Record of Contributors; in the case of an entry based on information obtained pursuant to section 211, the rectification shall be made in the conditions provided for in the agreement referred to in that section.

An entry in the Record of Contributors relating to pensionable earnings within the meaning of Title III or to a contribution under this Act may not be rectified if four years have elapsed from the end of the year in which the entry was made. Retraite Québec may, however, make a correction in the Record of Contributors after the expiry of the four years where the change consists in increasing an amount entered to the account of a contributor if, according to the information provided to Retraite Québec, the amount is less than the amount that should be entered or, subject to section 194.1, where the change consists in striking off an erroneous entry in the account of a person if

(1)  an amount erroneously entered to the account of the person is transferred to the account of another contributor;

(2)  an amount entered under a similar plan which has erroneously been entered as a contribution under this Act;

(3)  a person to whose account earnings and contributions are entered for a year declares not to have contributed or to have contributed for an amount that is less than the amount entered for the year concerned and it is established, to the satisfaction of Retraite Québec, that no contribution has actually been paid in relation to the amounts concerned for that year in respect of that person.

Similarly, where, following a judgment or an arbitration award declaring that an employee who has been dismissed or suspended by his employer should not have been so dismissed or suspended, such employee receives in the course of one year income that he should have received in the course of a preceding year, Retraite Québec may, taking that income into account, rectify the amount of the pensionable salary shown to the account of such employee in the Record of Contributors.

For the purposes of this Act, the employee is presumed to have received such pensionable salary in the year in respect of which he was thus registered in the Record of Contributors.

The third and fourth paragraphs apply only if the employee, within 365 days from the date of execution of the judgment or arbitration award, pays his contribution for the previous year in question by making for that year the election contemplated in section 55.

The second paragraph shall not be construed as preventing the rectification of an entry after the expiry of the time referred to in that paragraph if the rectification results from the application of Title III.

1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42; 1979, c. 54, s. 7; 1989, c. 55, s. 40; 1993, c. 15, s. 79; 1996, c. 31, s. 37; 1997, c. 73, s. 79; 2015, c. 20, s. 61.

1998-01-01

194. The Board may, of its own initiative or at the request of an interested person, rectify any entry in the Record of Contributors; in the case of an entry based on information obtained pursuant to section 211, the rectification shall be made in the conditions provided for in the agreement referred to in that section.

An entry in the Record of Contributors relating to pensionable earnings within the meaning of Title III or to a contribution under this Act may not be rectified if four years have elapsed from the end of the year in which the entry was made. The Board may, however, make a correction in the Record of Contributors after the expiry of the four years where the change consists in increasing an amount entered to the account of a contributor if, according to the information provided to the Board, the amount is less than the amount that should be entered or, subject to section 194.1, where the change consists in striking off an erroneous entry in the account of a person if

(1)  an amount erroneously entered to the account of the person is transferred to the account of another contributor;

(2)  an amount entered under a similar plan which has erroneously been entered as a contribution under this Act;

(3)  a person to whose account earnings and contributions are entered for a year declares not to have contributed or to have contributed for an amount that is less than the amount entered for the year concerned and it is established, to the satisfaction of the Board, that no contribution has actually been paid in relation to the amounts concerned for that year in respect of that person.

Similarly, where, following a judgment or an arbitration award declaring that an employee who has been dismissed or suspended by his employer should not have been so dismissed or suspended, such employee receives in the course of one year income that he should have received in the course of a preceding year, the Board may, taking that income into account, rectify the amount of the pensionable salary shown to the account of such employee in the Record of Contributors.

For the purposes of this Act, the employee is presumed to have received such pensionable salary in the year in respect of which he was thus registered in the Record of Contributors.

The third and fourth paragraphs apply only if the employee, within 365 days from the date of execution of the judgment or arbitration award, pays his contribution for the previous year in question by making for that year the election contemplated in section 55.

The second paragraph shall not be construed as preventing the rectification of an entry after the expiry of the time referred to in that paragraph if the rectification results from the application of Title III.

1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42; 1979, c. 54, s. 7; 1989, c. 55, s. 40; 1993, c. 15, s. 79; 1996, c. 31, s. 37; 1997, c. 73, s. 79.

1996-06-20

194. The Board may, of its own initiative or at the request of an interested person, rectify any entry in the Record of Contributors; in the case of an entry based on information obtained pursuant to section 211, the rectification shall be made in the conditions provided for in the agreement referred to in that section.

However, an entry relating to pensionable earnings or contributions which has been in the register for more than four years may be rectified only by reason of an increase, a change made within the scope of a partition of unadjusted pensionable earnings under section 102.1 or a similar plan, or a change whose object is to deduct amounts registered under a similar plan which were registered under this Act by error.

Similarly, where, following a judgment or an arbitration award declaring that an employee who has been dismissed or suspended by his employer should not have been so dismissed or suspended, such employee receives in the course of one year income that he should have received in the course of a preceding year, the Board may, taking that income into account, rectify the amount of the pensionable salary shown to the account of such employee in the Record of Contributors.

For the purposes of this Act, the employee is presumed to have received such pensionable salary in the year in respect of which he was thus registered in the Record of Contributors.

The third and fourth paragraphs apply only if the employee, within 365 days from the date of execution of the judgment or arbitration award, pays his contribution for the previous year in question by making for that year the election contemplated in section 55.

The second paragraph shall not be construed as preventing the rectification of an entry after the expiry of the time referred to in that paragraph if the rectification results from the application of Title III.

1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42; 1979, c. 54, s. 7; 1989, c. 55, s. 40; 1993, c. 15, s. 79; 1996, c. 31, s. 37.

1994-01-01

194. The Board may, of its own initiative or at the request of an interested person, rectify any entry in the Record of Contributors; in the case of an entry based on information obtained pursuant to section 211, the rectification shall be made in the conditions provided for in the agreement referred to in that section.

However, an entry relating to pensionable earnings or contributions which has been in the register for more than four years may be rectified only by reason of an increase, a change made within the scope of a partition of unadjusted pensionable earnings under section 102.1 or a similar plan, or a change whose object is to deduct amounts registered under a similar plan which were registered under this Act by error.

Similarly, where, following a judgment or an arbitration award declaring that an employee who has been dismissed or suspended by his employer should not have been so dismissed or suspended, such employee receives in the course of one year income that he should have received in the course of a preceding year, the Board may, taking that income into account, rectify the amount of the pensionable salary shown to the account of such employee in the Record of Contributors.

For the purposes of this Act, the employee is presumed to have received such pensionable salary in the year in respect of which he was thus registered in the Record of Contributors.

The third and fourth paragraphs apply only if the employee, within 365 days from the date of execution of the judgment or arbitration award, pays his contribution for the previous year in question by making for that year the election contemplated in section 55.

1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42; 1979, c. 54, s. 7; 1989, c. 55, s. 40; 1993, c. 15, s. 79.

1989-07-01

194. Notwithstanding section 193, there is an irrefutable presumption that any entry in the Record of Earnings relating to the earnings or to a contribution is accurate, after four years have elapsed from the date on which this entry has been made.

Nevertheless, if, from information furnished after such delay by or obtained from the records of an employer, a worker, or a former spouse within the meaning of section 102.2, it appears that the amount of the unadjusted pensionable earnings shown in the Record of Earnings to the account of a contributor or former spouse is less than the amount that should be so shown therein, the Régie may cause the Record to be rectified accordingly.

Moreover, where the earnings and contributions with respect to which the amount shown to the contributor’s account is increased pursuant to the second paragraph have been incorrectly shown in such Record to the account of another contributor, the Board may cause the Record of Earnings to be rectified by reducing accordingly the amount of the unadjusted pensionable earnings shown to the account of that other contributor.

Similarly, where, following a judgment or an arbitration award declaring that an employee who has been dismissed or suspended by his employer should not have been so dismissed or suspended, such employee receives in the course of one year income that he should have received in the course of a preceding year, the Board may, taking that income into account, rectify the amount of the pensionable salary shown to the account of such employee in the Record of Earnings.

For the purposes of this act, the employee is presumed to have received such pensionable salary in the year in respect of which he was thus registered in the Record of Earnings.

The fourth and fifth paragraphs apply only if the employee, within 365 days from the date of execution of the judgment or arbitration award, pays his contribution for the previous year in question by making for that year the election contemplated in section 55.

1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42; 1979, c. 54, s. 7; 1989, c. 55, s. 40.

1979-11-27

194. Notwithstanding section 193, there is an irrefutable presumption that any entry in the Record of Earnings relating to the earnings or to a contribution is accurate, after four years have elapsed from the date on which this entry has been made.

Nevertheless, if, from information furnished after such delay by or obtained from the records of an employer, or a worker, it appears that the amount of the unadjusted pensionable earnings shown in the Record of Earnings to the account of an employee of such employer or to the account of that worker is less than the amount that should be so shown therein, the Board may cause the Record to be rectified accordingly.

Moreover, where the earnings and contributions with respect to which the amount shown to the contributor’s account is increased pursuant to the second paragraph have been incorrectly shown in such Record to the account of another contributor, the Board may cause the Record of Earnings to be rectified by reducing accordingly the amount of the unadjusted pensionable earnings shown to the account of that other contributor.

Similarly, where, following a judgment or an arbitration award declaring that an employee who has been dismissed or suspended by his employer should not have been so dismissed or suspended, such employee receives in the course of one year income that he should have received in the course of a preceding year, the Board may, taking that income into account, rectify the amount of the pensionable salary shown to the account of such employee in the Record of Earnings.

For the purposes of this act, the employee is presumed to have received such pensionable salary in the year in respect of which he was thus registered in the Record of Earnings.

The fourth and fifth paragraphs apply only if the employee, within 365 days from the date of execution of the judgment or arbitration award, pays his contribution for the previous year in question by making for that year the election contemplated in section 55.

1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42; 1979, c. 54, s. 7.

1977-12-31

194. Notwithstanding section 193, there is a presumption juris et de jure that any entry in the Record of Earnings relating to the earnings or to a contribution is accurate, after four years have elapsed from the end of the year for which this entry has been made.

Nevertheless, if, from information furnished after such delay by or obtained from the records of an employer, or a worker, it appears that the amount of the unadjusted pensionable earnings shown in the Record of Earnings to the account of an employee of such employer or to the account of that worker is less than the amount that should be so shown therein, the Board may cause the Record to be rectified accordingly.

Moreover, where the earnings and contributions with respect to which the amount shown to the contributor’s account is increased pursuant to the second paragraph have been incorrectly shown in such Record to the account of another contributor, the Board may cause the Record of Earnings to be rectified by reducing accordingly the amount of the unadjusted pensionable earnings shown to the account of that other contributor.

1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42.