r-26.3 - Act respecting Retraite Québec

À jour au 13 juin 2011

Ce document a valeur officielle.

chapter C-32.1.2

Act respecting the Commission administrative des régimes de retraite et d’assurances

CHAPTER I ESTABLISHMENT

1. A legal person is established under the name “Retraite Québec”.

2006, c. 49, s. 1; 2015, c. 20, s. 61.

2. The Commission is a mandatary of the State.

The property of the Commission forms part of the domain of the State, but the execution of its obligations may be levied against its property.

The Commission binds none but itself when it acts in its own name.

2006, c. 49, s. 2.

3. The head office of the Commission is located in the territory of the Communauté métropolitaine de Québec. The Commission may hold its meetings anywhere in Québec.

2006, c. 49, s. 3.

CHAPTER II FUNCTIONS AND POWERS

4. The function of the Commission is to administer the pension plans established under

(1)  the Act respecting the Pension Plan of Certain Teachers (chapter R-9.1);

(2)  the Act respecting the Government and Public Employees Retirement Plan (chapter R-10);

(3)  the Act respecting the Teachers Pension Plan (chapter R-11);

(4)  the Act respecting the Civil Service Superannuation Plan (chapter R-12); and

(5)  the Act respecting the Pension Plan of Management Personnel (chapter R-12.1).

The function of the Commission is also to administer every other pension or insurance plan entrusted to its administration by statute, the Office of the National Assembly or the Government.

2006, c. 49, s. 4.

5. The Commission must prepare actuarial valuations at the request of the Minister of Finance in order that its obligations under the pension plans may be recorded in the Government’s financial statements.

2006, c. 49, s. 5.

6. Unless a request to do more is made jointly by the Government and the associations negotiating the conditions of employment of the employees who are members of the pension plans referred to in subparagraphs 1 to 4 of the first paragraph of section 4, or by the Government and the associations representing the employees who are members of the pension plan referred to in subparagraph 5 of that paragraph, the only studies the Commission may carry out on those plans are studies on their administration.

2006, c. 49, s. 6.

7. (Repealed).

2006, c. 49, s. 7; 2011, c. 19, s. 30.

8. The Commission may enter into a service agreement with the pension committee of a plan it administers.

The service agreement must describe, in particular, the services offered by the Commission, the functions and responsibilities it assumes, the information and communication channels it agrees to use and the reporting procedures to which it is committed.

2006, c. 49, s. 8.

9. Subject to the applicable legislative provisions, the Commission may enter into an agreement with a government other than that of Québec, with a department of such a government, with an international organization or with a body of such a government or organization.

2006, c. 49, s. 9.

10. Chapter II of the Public Administration Act (chapter A-6.01), except section 29 and the second paragraph of section 32 of that Act do not apply to the Commission.

2006, c. 49, s. 10; 2011, c. 19, s. 31.

CHAPTER III ORGANIZATION AND OPERATION

11. The affairs of the Commission are administered by a board of directors composed of 15 members appointed by the Government, including the chair of the board, the president and chief executive officer of the Commission, who is a member of the board by virtue of office, and 13 other members, including

(1)  four members representing the Government;

(2)  three members representing the employees who are members of the pension plans administered by the Commission, two of whom represent the employees covered by the Government and Public Employees Retirement Plan and one, the employees covered by the Pension Plan of Management Personnel;

(3)  one member representing the pensioners under any of the pension plans administered by the Commission; and

(4)  five independent members.

The members referred to in subparagraph 2 of the first paragraph are appointed after consultation with the unions and associations referred to in subparagraph 1 of the first paragraph of section 164 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or the associations referred to in subparagraph 1 of the first paragraph of section 196.3 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), depending on the employees represented.

The pensioners’ representative on the board of directors of the Commission is appointed after consultation with the associations that are the most representative of the pensioners under the pension plans administered by the Commission, unless a different consultation process is determined by the Government.

A member of the board may not be a member of the pension committee of a pension plan administered by the Commission.

2006, c. 49, s. 11.

12. Members qualify as independent if they have no direct or indirect relationships or interests, whether financial, commercial, professional, philanthropic, or other, likely to interfere with the quality of their decisions as regards the interests of the Commission.

Independent members may not

(1)  be in the employ of the Commission, the Government or a body whose employees are members of a pension plan administered by the Commission or have been in such employ in the three years preceding appointment to office, or be in the employ of or be an officer of an association of employees or an association of managers representing those employees or have been in such employ or been such an officer during that period; or

(2)  have an immediate family member who is a senior officer of the Commission.

The Government may adopt a policy concerning situations it intends to examine to determine if a board member qualifies as an independent member. The Government may specify the meaning it intends to assign to the expression “immediate family member”.

2006, c. 49, s. 12.

13. For a member of the board of directors having the status of independent member, the sole fact of being in a limited and specific conflict of interest situation does not disqualify the member as an independent member.

2006, c. 49, s. 13.

14. A member of the board of directors appointed as an independent member must disclose in writing to the board and to the Minister any situation likely to affect the member’s status.

2006, c. 49, s. 14.

15. No act or document of the Commission or decision of the board of directors is invalid because fewer than six members are independent members.

2006, c. 49, s. 15.

16. A member of the board of directors who exercises functions on a full-time basis within the Commission may not have a direct or indirect interest in a body, enterprise or association that places the member’s personal interests in conflict with the Commission’s interests. If such an interest devolves to the board member, including by succession or gift, it must be renounced or disposed of with dispatch.

Any other member of the board who has a direct or indirect interest in a body, enterprise or association that places the member’s personal interests in conflict with the Commission’s interests must disclose it in writing to the chair of the board and abstain from participating in any discussion or decision involving the body, enterprise or association. The member must also withdraw from a meeting for the duration of a discussion or vote on such a matter.

2006, c. 49, s. 16.

17. If a member of the board of directors is sued by a third party for an act done in the exercise of the functions of office, the Commission assumes the member’s defence and pays any damages awarded as compensation, unless the member committed a gross fault or a personal fault separable from those functions.

In penal or criminal proceedings, however, the Commission pays the defence costs of a member of the board only if the member was discharged or acquitted or if the Commission judges that the member acted in good faith.

2006, c. 49, s. 17.

18. If the Commission sues a member of the board of directors for an act done in the exercise of the functions of office and loses its case, it must pay the member’s defence costs if the court so decides.

If the Commission wins its case only in part, the court may determine the amount of the defence costs it must pay.

2006, c. 49, s. 18.

19. The chair of the board of directors must be an independent member.

The offices of chair of the board and president and chief executive officer may not be held concurrently.

2006, c. 49, s. 19.

20. The chair of the board of directors presides at meetings of the board and sees to the smooth operation of the board and the board committees.

The chair also assumes any other responsibility assigned by the board.

2006, c. 49, s. 20.

21. The president and chief executive officer and the independent members of the board of directors are appointed after consulting with the board and taking into account any expertise and experience profile established by it.

2006, c. 49, s. 21.

22. The Government may dismiss the president and chief executive officer after consulting with the board of directors.

2006, c. 49, s. 22.

23. Members of the board of directors, other than the president and chief executive officer, receive no remuneration except in the cases and on the conditions that may be determined by the Government. They are entitled, however, to the reimbursement of expenses incurred in the exercise of their functions in the cases, on the conditions and to the extent determined by the Government.

2006, c. 49, s. 23.

24. Members of the board of directors are appointed for a term of up to four years, except for the chair of the board and the president and chief executive officer, who are appointed for a term of up to five years.

On expiry of their term, the members of the board remain in office until replaced or reappointed.

2006, c. 49, s. 24.

25. A vacancy on the board of directors, except for the position of president and chief executive officer, must be filled for the remainder of the term of office in accordance with the rules of appointment provided in this Act.

Absence from the number of board meetings determined by by-law of the Commission constitutes a vacancy in the cases and circumstances indicated in the by-law.

2006, c. 49, s. 25.

26. Depending on its priorities, the board of directors designates the chair of a committee established in section 33 to act as a replacement when the chair of the board is absent or unable to act.

2006, c. 49, s. 26.

27. The responsibilities of the board of directors include

(1)  adopting the strategic plan, the action plan and the service statement;

(2)  approving the service agreements developed with the pension committees;

(3)  determining the Commission’s annual budget;

(4)  approving the Commission’s financial statements and annual report;

(5)  approving pension plan financial statements, unless that function has been assigned to a pension committee under the provisions of an Act or of a pension plan and the pension committee has exercised it within the time prescribed by those provisions;

(6)  adopting a code of ethics and professional conduct applicable to the members of the board and the vice-presidents of the Commission; and

(7)  approving the expertise and experience profiles to be used in appointing the independent members of the board and the president and chief executive officer.

2006, c. 49, s. 27.

28. The quorum at meetings of the board of directors is the majority of its members, including the chair.

Decisions of the board are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote.

2006, c. 49, s. 28.

29. The members of the board of directors may waive notice of a meeting. Attendance at a meeting of the board constitutes a waiver of notice, unless the members are present to contest the legality of the meeting.

2006, c. 49, s. 29.

30. Written resolutions signed by all the members of the board of directors entitled to vote have the same value as if they had been adopted during a meeting of the board.

A copy of all such resolutions is kept with the minutes of the proceedings or other equivalent record.

2006, c. 49, s. 30.

31. If all agree, the members of the board of directors may take part in a meeting by means of equipment enabling all participants to communicate directly with one another.

2006, c. 49, s. 31.

32. The minutes of the meetings of the board of directors, approved by the board and certified by the chair of the board, the president and chief executive officer, the secretary or any other person authorized by the Commission, are authentic. The same applies to documents and copies of documents emanating from the Commission or forming part of its records, if they are certified in the same manner.

2006, c. 49, s. 32.

33. The board of directors must establish the following committees:

(1)  an audit committee;

(2)  a governance and ethics committee;

(3)  a human resources committee; and

(4)  a client services committee.

The committees must be chaired by independent members.

The board may establish any other committee to facilitate the smooth operation of the Commission or examine specific issues concerning its management.

2006, c. 49, s. 33.

34. The chair of the board of directors may take part in board committee meetings.

The president and chief executive officer of the Commission may not be a member of the audit committee, the governance and ethics committee, the human resources committee or the client services committee.

2006, c. 49, s. 34.

35. Each board committee must submit to the board of directors a summary of its proceedings. The summary must be included in the Commission’s annual report.

2006, c. 49, s. 35.

36. The audit committee is composed of three independent members of the board of directors, one of whom must have accounting or financial expertise. That person must be a member of one of the professional orders of accountants mentioned in the Professional Code (chapter C-26).

The functions of the committee include

(1)  approving the annual internal audit plan;

(2)  examining the financial statements of the Commission and of the pension plans with the Auditor General;

(3)  recommending the approval of pension plan financial statements by the pension committee concerned if the function of that committee is to approve them; and

(4)  recommending the approval by the board of the financial statements of the Commission and of the pension plans except the pension plan financial statements approved by the pension committee concerned.

If the function of the pension committee of a plan is to approve the financial statements, the meeting of the audit committee of the board concerning the submission and examination of those financial statements is held in the presence of four members of the pension committee, namely two representatives of the participants and beneficiaries under the plan and two representatives of the Government. Those members are not entitled to vote.

2006, c. 49, s. 36.

37. The audit committee must notify the board of directors in writing on finding operations or management practices that are unsound or do not comply with the law, with the regulations or with the policies of the Commission.

2006, c. 49, s. 37.

38. The human resources committee is composed of three members of the board of directors.

The functions of the committee include

(1)  seeing that human resources policies are put in place; and

(2)  establishing expertise and experience profiles to be used in appointing the president and chief executive officer.

2006, c. 49, s. 38.

39. The governance and ethics committee is composed of three members of the board of directors.

The functions of the committee include

(1)  establishing governance rules and rules of ethics for carrying on the Commission’s business;

(2)  establishing a code of ethics and professional conduct applicable to the members of the board and to the vice-presidents of the Commission;

(3)  developing structures and procedures to enable the board to act independently from the Commission’s management;

(4)  establishing criteria for evaluating the members of the board; and

(5)  establishing expertise and experience profiles to be used in appointing the independent members of the board.

2006, c. 49, s. 39.

40. The client services committee is composed of three members of the board of directors.

The functions of the committee include

(1)  assessing the strategies and general policy directions of the Commission in the area of client services;

(2)  following up on the Commission’s policy directions in that area;

(3)  recommending the approval of the service agreements by the board of directors; and

(4)  seeing to the adequate implementation of the service agreements.

2006, c. 49, s. 40.

41. The president and chief executive officer of the Commission is responsible for the direction and management of the Commission within the framework of its by-laws and policies and must see that the decisions of the pension committees are carried out.

The president and chief executive officer assumes any other responsibility assigned by the board of directors.

2006, c. 49, s. 41.

42. The president and chief executive officer must see that the board of directors and the pension committees have, on request, adequate human, material and financial resources to exercise their functions.

2006, c. 49, s. 42.

43. The president and chief executive officer is assisted by two vice-presidents appointed by the Government.

The Government designates the vice-president who will exercise the functions of president and chief executive officer if the incumbent of that office is absent or unable to act.

2006, c. 49, s. 43.

44. The vice-presidents are appointed for a term of up to five years.

On expiry of their term, the vice-presidents remain in office until replaced or reappointed.

2006, c. 49, s. 44.

45. The offices of president and chief executive officer and of vice-president are full-time positions.

2006, c. 49, s. 45.

46. The Government determines the remuneration, the benefits and the other conditions of employment of the president and chief executive officer and the vice-presidents of the Commission.

2006, c. 49, s. 46.

47. The secretary and other employees of the Commission are appointed under the Public Service Act (chapter F-3.1.1).

2006, c. 49, s. 47.

48. No proceedings may be brought against the Commission, the members of the board of directors, the vice-presidents or the personnel members of the Commission by reason of an omission made or an act performed in good faith in the exercise of their functions.

2006, c. 49, s. 48.

49. A deed, document or writing is binding on and may be attributed to the Commission only if it is signed by the chair of the board of directors, the president and chief executive officer, a vice-president, the secretary or another personnel member of the Commission, but in the latter case, only to the extent determined by by-law of the Commission.

2006, c. 49, s. 49.

50. Subject to the conditions it sets, the Commission may allow the required signature to be affixed on certain documents by means of an automatic device. The Commission may allow a facsimile of a signature to be engraved, lithographed or printed on certain documents. A facsimile has the same force as the signature itself if the document is countersigned by a person referred to in section 32.

2006, c. 49, s. 50.

51. An intelligible transcription of a decision or other data stored by the Commission in a computer or in a computer-readable medium is a document of the Commission and is evidence of its contents if it is certified by a person referred to in section 32.

2006, c. 49, s. 51.

CHAPTER IV SERVICE STATEMENT AND STRATEGIC PLAN

52. The Commission must publish a service statement setting out its objectives with regard to the level and quality of the services provided.

The statement must specify the time frame within which services are to be provided and provide clear information on their nature and accessibility.

In addition, the statement must mention any service agreement that the Commission entered into with a pension committee.

2006, c. 49, s. 52.

53. The Commission must

(1)  remain receptive to the expectations of its clients;

(2)  simplify service delivery rules and procedures to the greatest extent possible; and

(3)  encourage the members of its personnel to provide quality services and to collaborate in achieving the results targeted.

2006, c. 49, s. 53.

54. The Commission must adopt a strategic plan covering a period of more than one year.

2006, c. 49, s. 54.

55. The strategic plan must include

(1)  the mission of the Commission;

(2)  the context in which the Commission acts and the main challenges it faces;

(3)  the strategic directions, objectives and lines of action selected;

(4)  the results targeted over the period covered by the plan; and

(5)  the performance indicators to be used in measuring results.

2006, c. 49, s. 55.

56. The Commission must transmit the strategic plan to the Minister, who tables it in the National Assembly.

2006, c. 49, s. 56.

CHAPTER V FINANCIAL PROVISIONS

57. The Commission’s annual budget must specify the amount attributable to

(1)  the administrative expenses related to the Government and Public Employees Retirement Plan;

(2)  the administrative expenses related to the Pension Plan of Management Personnel;

(3)  the administrative expenses related to the other pension plans;

(4)  the expenses related to the actuarial valuations of the plans for the purposes of section 5; and

(5)  the administrative expenses related to the insurance plans.

The administrative expenses related to the pension plans include those related to the pension committees and those related to any additional services requested by the pension committees and offered to employees and beneficiaries under the pension plans concerned. The administrative expenses related to the pension credits referred to in section 3.2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) are included in the administrative expenses related to the Pension Plan of Management Personnel.

2006, c. 49, s. 57.

58. The sums required to cover the administrative expenses related to the Government and Public Employees Retirement Plan are taken in equal proportions

(1)  out of the employees’ contribution fund under the plan, at the Caisse de dépôt et placement du Québec; and

(2)  out of the employers’ contributory fund under the plan, at the Caisse de dépôt et placement du Québec, and then in accordance with section 133 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

However, the sums required to cover the administrative expenses related to additional services offered to employees and beneficiaries under the plan are taken in the proportions determined by the pension committee in its request.

The sums taken out of the Consolidated Revenue Fund are deemed to be contributions by the Government as employer with respect to that plan.

2006, c. 49, s. 58.

59. The sums required to cover the administrative expenses related to the Pension Plan of Management Personnel are taken in equal proportions

(1)  out of the employees’ contribution fund under the plan, at the Caisse de dépôt et placement du Québec; and

(2)  out of the employers’ contributory fund under the plan, at the Caisse de dépôt et placement du Québec, and then in accordance with section 182 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1).

However, the sums required to cover the administrative expenses related to additional services offered to employees and beneficiaries under the plan are taken in the proportions determined by the pension committee in its request.

Despite the first and second paragraphs, the sums required to cover the administrative expenses related to the special provisions applicable to the classes of employees designated under the first paragraph of section 23 of the Act respecting the Pension Plan of Management Personnel and to the provisions on supplemental benefits payable to certain classes of employees under section 208 of that Act are taken out of the Consolidated Revenue Fund.

The sums taken out of the Consolidated Revenue Fund are deemed to be contributions by the Government as employer with respect to that plan.

2006, c. 49, s. 59.

60. Despite sections 58 and 59, the sums required to cover the administrative expenses related to benefits paid by the Commission administrative des régimes de retraite et d’assurances or to pension credits obtained under the Government and Public Employees Retirement Plan, resulting from the termination of a supplemental pension plan and from a transfer of the funds of that plan after 31 December 2006 to a special fund at the Caisse de dépôt et placement du Québec, are taken out of that fund.

2006, c. 49, s. 60.

61. The sums required to cover the administrative expenses related to pension plans other than the Government and Public Employees Retirement Plan, the Pension Plan of Management Personnel, the pension plan established under the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14), the Pension Plan of Elected Municipal Officers and the supplementary benefits plan for participants under the Pension Plan of Elected Municipal Officers are taken out of the Consolidated Revenue Fund.

The sums taken out of the Consolidated Revenue Fund are deemed to be contributions by the Government as employer with respect to the plan concerned.

2006, c. 49, s. 61.

62. The sums required to cover the expenses related to the actuarial valuations of the pension plans for the purposes of section 5 are taken out of the Consolidated Revenue Fund.

2006, c. 49, s. 62.

63. The administrative expenses related to the Pension Plan of Elected Municipal Officers and the expenses of the supplementary benefits plan for participants under that pension plan are paid under sections 81 and 76.3 respectively of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

The administrative expenses related to the pension plan established under the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14) are paid in accordance with section 67.3 of the Police Act (chapter P-13.1).

2006, c. 49, s. 63.

64. The sums required to cover the administrative expenses related to insurance plans are taken out of the Consolidated Revenue Fund.

2006, c. 49, s. 64.

65. The Commission may not, without the Government’s authorization,

(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government;

(2)  make a financial commitment in excess of the limits determined by the Government;

(3)  acquire or hold shares in a legal person or an interest in a partnership in excess of the limits or contrary to the conditions determined by the Government;

(4)  dispose of shares in a legal person or an interest in a partnership in excess of the limits or contrary to the conditions determined by the Government;

(5)  acquire or dispose of other assets in excess of the limits or contrary to the conditions determined by the Government; or

(6)  accept a gift or legacy to which a charge or condition is attached.

2006, c. 49, s. 65.

66. The Government may, on the conditions and in the manner it determines,

(1)  secure the payment in capital and interest of any loan contracted by the Commission and any of its obligations; and

(2)  authorize the Minister of Finance to advance to the Commission any amount considered necessary to meet its obligations or to carry out its mission.

The sums required for the purposes of this section are to be taken out of the Consolidated Revenue Fund.

2006, c. 49, s. 66.

CHAPTER VI ACCOUNTS AND REPORTS

67. The fiscal year of the Commission ends on 31 December each year.

2006, c. 49, s. 67.

68. Before 30 June each year, the Commission must report to the Minister on the results achieved with regard to the objectives set under its strategic plan. The report must contain the financial statements of the Commission and those of the pension plans it administers.

The report must also include or provide information on

(1)  the mandates conferred on the Commission;

(2)  the Commission’s service statement and the service agreements entered into with the pension committees;

(3)  the programs placed under the administration of the Commission;

(4)  personnel turnover;

(5)  the summary of the board committee reports;

(6)  a statement by the president and chief executive officer on the reliability of the report and the monitoring mechanisms;

(7)  the rules of professional conduct applicable to the members of the board of directors and to the vice-presidents of the Commission; and

(8)  the expertise and experience profiles of the members of the board and their attendance record at board and committee meetings.

2006, c. 49, s. 68.

69. The Minister must table the Commission’s report in the National Assembly within 30 days of its receipt or, if the National Assembly is not sitting, within 30 days of resumption.

2006, c. 49, s. 69.

70. The Commission must provide the Minister with any information the Minister requires.

The Commission must also provide the Minister of Finance, on request, with the data and information required to conduct the necessary analyses and follow-up concerning pension plan obligations and liabilities shown in the financial statements of the Government.

2006, c. 49, s. 70.

71. The books and accounts of the Commission are to be audited by the Auditor General every year and whenever ordered by the Government.

The Auditor General’s report must accompany the Commission’s annual report.

2006, c. 49, s. 71.

CHAPTER VII AMENDING PROVISIONS

PUBLIC ADMINISTRATION ACT

72. (Amendment integrated into c. A-6.01, s. 40).

2006, c. 49, s. 72.

ACT RESPECTING THE CONDITIONS OF EMPLOYMENT AND THE PENSION PLAN OF THE MEMBERS OF THE NATIONAL ASSEMBLY

73. (Amendment integrated into c. C-52.1, s. 74).

2006, c. 49, s. 73.

ACT RESPECTING THE PENSION PLAN OF CERTAIN TEACHERS

74. (Amendment integrated into c. R-9.1, s. 35.8).

2006, c. 49, s. 74.

75. (Amendment integrated into c. R-9.1, s. 41.8).

2006, c. 49, s. 75.

76. (Amendment integrated into c. R-9.1, s. 56).

2006, c. 49, s. 76.

ACT RESPECTING THE PENSION PLAN OF PEACE OFFICERS IN CORRECTIONAL SERVICES

77. (Amendment integrated into c. R-9.2, s. 7).

2006, c. 49, s. 77.

78. (Amendment integrated into c. R-9.2, s. 134).

2006, c. 49, s. 78.

79. (Amendment integrated into c. R-9.2, s. 143.27).

2006, c. 49, s. 79.

ACT RESPECTING THE PENSION PLAN OF ELECTED MUNICIPAL OFFICERS

80. (Amendment integrated into c. R-9.3, heading of Chapter IX.1).

2006, c. 49, s. 80.

81. (Amendment integrated into c. R-9.3, s. 70.1).

2006, c. 49, s. 81.

82. (Amendment integrated into c. R-9.3, s. 70.2).

2006, c. 49, s. 82.

83. (Amendment integrated into c. R-9.3, s. 70.4).

2006, c. 49, s. 83.

84. (Amendment integrated into c. R-9.3, s. 70.6).

2006, c. 49, s. 84.

85. (Amendment integrated into c. R-9.3, s. 70.10).

2006, c. 49, s. 85.

ACT RESPECTING THE GOVERNMENT AND PUBLIC EMPLOYEES RETIREMENT PLAN

86. (Amendment integrated into c. R-10, heading of Chapter I of Title III).

2006, c. 49, s. 86.

87. (Omitted).

2006, c. 49, s. 87.

88. (Amendment integrated into c. R-10, Division II of Chapter I of Title III).

2006, c. 49, s. 88.

89. (Amendment integrated into c. R-10, s. 158).

2006, c. 49, s. 89.

90. (Omitted).

2006, c. 49, s. 90.

91. (Amendment integrated into c. R-10, heading of Chapter II of Title III).

2006, c. 49, s. 91.

92. (Amendment integrated into c. R-10, s. 163).

2006, c. 49, s. 92.

93. (Amendment integrated into c. R-10, Division I of Chapter II of Title III).

2006, c. 49, s. 93.

94. (Amendment integrated into c. R-10, s. 164).

2006, c. 49, s. 94.

95. (Amendment integrated into c. R-10, s. 165).

2006, c. 49, s. 95.

96. (Amendment integrated into c. R-10, ss. 165.1 and 165.2).

2006, c. 49, s. 96.

97. (Amendment integrated into c. R-10, s. 166.1).

2006, c. 49, s. 97.

98. (Amendment integrated into c. R-10, s. 167).

2006, c. 49, s. 98.

99. (Amendment integrated into c. R-10, s. 168).

2006, c. 49, s. 99.

100. (Amendment integrated into c. R-10, s. 169).

2006, c. 49, s. 100.

101. (Amendment integrated into c. R-10, s. 170).

2006, c. 49, s. 101.

102. (Amendment integrated into c. R-10, s. 173).

2006, c. 49, s. 102.

103. (Amendment integrated into c. R-10, s. 173.0.1).

2006, c. 49, s. 103.

104. (Amendment integrated into c. R-10, s. 173.0.2).

2006, c. 49, s. 104.

105. (Omitted).

2006, c. 49, s. 105.

106. (Amendment integrated into c. R-10, s. 174).

2006, c. 49, s. 106.

107. (Amendment integrated into c. R-10, s. 179).

2006, c. 49, s. 107.

108. (Amendment integrated into c. R-10, s. 183).

2006, c. 49, s. 108.

109. (Amendment integrated into c. R-10, s. 215.19).

2006, c. 49, s. 109.

110. (Amendment integrated into c. R-10, Schedules I and II.1).

2006, c. 49, s. 110.

ACT RESPECTING THE TEACHERS PENSION PLAN

111. (Amendment integrated into c. R-11, s. 66.7).

2006, c. 49, s. 111.

112. (Amendment integrated into c. R-11, s. 78).

2006, c. 49, s. 112.

ACT RESPECTING THE CIVIL SERVICE SUPERANNUATION PLAN

113. (Amendment integrated into c. R-12, s. 114).

2006, c. 49, s. 113.

ACT RESPECTING THE PENSION PLAN OF MANAGEMENT PERSONNEL

114. (Amendment integrated into c. R-12.1, s. 23).

2006, c. 49, s. 114.

115. (Amendment integrated into c. R-12.1, s. 54).

2006, c. 49, s. 115.

116. (Amendment integrated into c. R-12.1, s. 170).

2006, c. 49, s. 116.

117. (Amendment integrated into c. R-12.1, s. 171).

2006, c. 49, s. 117.

118. (Amendment integrated into c. R-12.1, s. 190).

2006, c. 49, s. 118.

119. (Amendment integrated into c. R-12.1, s. 196).

2006, c. 49, s. 119.

120. (Amendment integrated into c. R-12.1, s. 196.1).

2006, c. 49, s. 120.

121. (Amendment integrated into c. R-12.1, ss. 196.2 to 196.26).

2006, c. 49, s. 121.

122. (Amendment integrated into c. R-12.1, s. 203).

2006, c. 49, s. 122.

123. (Amendment integrated into c. R-12.1, s. 209).

2006, c. 49, s. 123.

124. (Amendment integrated into c. R-12.1, Schedule II).

2006, c. 49, s. 124.

COURTS OF JUSTICE ACT

125. (Amendment integrated into c. T-16, s. 246.28).

2006, c. 49, s. 125.

OTHER AMENDING PROVISIONS

126. In the following provisions, “comité de retraite” is replaced wherever it appears by “pension committee”:

(1)  (amendment integrated into c. R-9.1, ss. 52, 59.1.1 and 113);

(2)  (amendment integrated into c. R-10, ss. 85.17, 85.33, 134, 173.0.1, 180, 181, 215.11.9, 216.1.1 and 230);

(3)  (amendment integrated into c. R-11, ss. 8, 10.1.1 and 73);

(4)  (amendment integrated into c. R-12, ss. 99.28, 109 and 111.0.1.1);

(5)  (amendment integrated into c. R-12.1, ss. 200 and 418 ).

2006, c. 49, s. 126.

127. In the following provisions, “chairman”, “vice-chairman” and “vice-chairmen” are replaced wherever they appear by “chair”, “vice-chair” and “vice-chairs”:

(1)  (amendment integrated into c. R-9.3, ss. 70.5 and 70.9);

(2)  (amendment integrated into c. R-10, s. 172 and Schedule I);

(3)  (amendment integrated into c. R-12, Schedules I, II, III);

(4)  (amendment integrated into c. R-12.1, Schedule II).

2006, c. 49, s. 127; 2007, c. 43, s. 165.

CHAPTER VIII MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

128. The Commission administrative des régimes de retraite et d’assurances established under this Act is substituted for the Commission administrative des régimes de retraite et d’assurances established under section 136 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). It acquires the rights and assumes the powers and obligations of that Commission. In addition, the policies on the security and management of information resources applicable to the Commission continue to apply until the Commission adopts new ones under section 7 of this Act.

The chairman and vice-chairmen of the Commission administrative des régimes de retraite et d’assurances in office on 31 May 2007 become, on the same conditions and for the remainder of their term, president and chief executive officer and vice-presidents, respectively, of the Commission administrative des régimes de retraite et d’assurances established under this Act.

2006, c. 49, s. 128.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

129. The members of the pension committees and sub-committees established within the Commission administrative des régimes de retraite et d’assurances, who are in office on 31 May 2007, remain in office until replaced or reappointed under this Act.

2006, c. 49, s. 129.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

130. The employees of the Commission administrative des régimes de retraite et d’assurances in office on 31 May 2007 become, without further formality, the employees of the Commission administrative des régimes de retraite et d’assurances established under this Act.

2006, c. 49, s. 130.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

131. The Commission administrative des régimes de retraite et d’assurances, established under this Act, becomes, without continuance of suit, a party to all proceedings to which the Commission administrative des régimes de retraite et d’assurances established under section 136 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) was a party.

2006, c. 49, s. 131.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

132. A request respecting a decision of the Commission administrative des régimes de retraite et d’assurances or a pension committee that was made under Chapter IV of Title III of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), that is pending on 31 May 2007, and that concerns an employee or a beneficiary under the Pension Plan of Management Personnel is continued under the provisions of Chapter XI.2 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), enacted under section 121 of this Act.

2006, c. 49, s. 132.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

133. The Regulation respecting the signing of certain deeds, documents or writings of the Commission administrative des régimes de retraite et d’assurances, made under Order in Council 989-2006 (2006, G.O. 2, 3579), is deemed to have been made under this Act.

2006, c. 49, s. 133.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

134. The provisions of the Règlement sur l’exercice des pouvoirs et la régie interne du Comité de retraite du régime de retraite des employés du gouvernement et des organismes publics, du régime de retraite des enseignants, du régime de retraite des fonctionnaires, des régimes établis en vertu des articles 9, 10 et 10.0.1 de la Loi sur le régime de retraite des employés du gouvernement et des organismes publics et du régime de retraite de certains enseignants, made by Order in Council 38-99 (1999, G.O. 2, 243) and of the Règlement sur l’exercice des pouvoirs et la régie interne du Comité de retraite du régime de retraite du personnel d’encadrement, made by Order in Council 38-99 (1999, G.O. 2, 243) continue to apply to the pension committees established under sections 163 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and 196.2 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1), enacted respectively by sections 92 and 121 of this Act, to the extent that they are consistent with the workings of those committees.

2006, c. 49, s. 134.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

135. In order to satisfy the requirements of section 21 of this Act, the first chair of the board of directors of the Commission administrative des régimes de retraite et d’assurances is appointed by the Government, after consultation with the associations referred to in section 6 of this Act, on the basis of the expertise and experience profile the Government determines.

For the appointment of the remaining first independent members of the board, the expertise and experience profile the board must establish under section 21 is established by a committee made up of the chair of the board of directors of the Commission, the president and chief executive officer of the Commission and the members referred to in subparagraphs 1 to 3 of the first paragraph of section 11. In the case of a tie vote during this process, the chair of the board has a casting vote.

For the purposes of the second paragraph, the pensioners’ representative on the board of directors of the Commission is appointed after consultation with the associations of pensioners under the pension plans concerned that are the most representative.

2006, c. 49, s. 135.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

136. The first consultation to be held for the appointment of the first chair of the pension committee referred to in section 164 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and of the pension committee referred to in section 196.3 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1) is carried out in the same manner as that provided for in those sections for the appointment of the members of those committees.

For the purposes of the first paragraph, the chair of each pension committee is appointed after consultation with the associations of pensioners under the pension plans concerned that are the most representative.

2006, c. 49, s. 136.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

137. In any other Act and in any regulation, order or other document, a reference to the Commission administrative des régimes de retraite et d’assurances established under section 136 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) becomes a reference to the Commission administrative des régimes de retraite et d’assurances established under this Act, unless the context indicates otherwise.

2006, c. 49, s. 137.

Note that the provision became effective when the Act respecting the Commission administrative des régimes de retraite et d’assurances (former title of this Act) came into force.

138. Not later than 14 December 2011 and, subsequently, every 10 years, the Minister must report to the Government on the administration of this Act. The report must contain recommendations on the implementation of this Act and the updating of the Commission’s mission.

The report must be tabled in the National Assembly within 30 days or, if the Assembly is not sitting, within 30 days of resumption.

2006, c. 49, s. 138.

139. The Government designates the minister responsible for the administration of this Act.

2006, c. 49, s. 139.

The Minister responsible for Government Administration and Ongoing Program Review and Chair of the Conseil du trésor is responsible for the administration of this Act. Order in Council 364-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1873.

140. (Omitted).

2006, c. 49, s. 140.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 49 of the statutes of 2006, in force on 1 August 2008, is repealed, except section 140, effective from the coming into force of chapter C-32.1.2 of the Revised Statutes.