C-81, r. 1 - Regulation respecting the application of the Public Curator Act

Full text
6.1. (Revoked).
O.C. 594-99, s. 6; O.C. 203-2000, s. 1; O.C. 584-2015, s. 10.
6.1. Amounts payable under a pension or retirement contract or plan within the meaning of paragraph 9 of section 24.1 of the Act shall correspond to:
(1)  in the case of a retirement plan established by the Supplemental Pension Plans Act (chapter R-15.1) and in all other cases of a retirement plan governed by an act in force in Québec,
(a)  if the pension payments have begun, the sum of the payments owing but not paid, with interest accrued at the rate of return of the retirement fund up to the date of each transfer or, as the debtor chooses, that sum plus the residual value of the pension on the date of the transfer; the residual value must be assessed on the basis of the hypotheses used to calculate the liabilities of the retired participant on a solvency basis;
(b)  in other cases, the value of the benefits accrued under that plan which, on the date of transfer, could have been transferred into a locked-in retirement account within the meaning of section 29 of the Regulation respecting supplemental pension plans (chapter R-15.1, r. 6) without consideration of the restrictions and prohibitions in section 99 of the Supplemental Pension Plans Act;
(2)  in the case of a plan administered by the Commisison administrative des régimes de retraite et d’assurance and given the entitlement to reinstatement provided for in section 147.0.6 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the contributions made with the interest accrued, if applicable, to the date of transfer; calculation of the contributions and, where applicable, of the interest payable to the Public Curator for a recipient, is made on the date of their transfer to the Public Curator, in accordance with sections 58 and 59 of the Act respecting the Government and Public Employees Retirement Plan, adapted as required;
(3)  in the case of an annuity:
(a)  if the pension payments have begun, the sum of the payments owing but not paid and, if any, the interest accrued at the rate provided for in the contract up to the date of each transfer or, as the debtor chooses, that sum plus the residual value of the pension on the date of the transfer;
(b)  in other cases, the value on the date of transfer, of the accrued benefits up the date of the contract;
(4)  in the case of any other contract or plan, the value on the date of transfer of the benefits accrued under the contract or plan.
The values referred to in subparagraphs 1, 3 and 4 of the first paragraph shall be established without regard as to whether or not the benefits or pension credits are unclaimed property.
In case of a claim made to the Public Curator for sums referred to in subparagraphs 1, 3 and 4 of the first paragraph that were transferred and initially came from a pension plan governed by the Supplemental Pension Plans Act, the rules applicable to a locked-in pension account under section 29 of the Regulation respecting supplemental pension plans also apply to the payment of the balance of the sum transferred, adapted as required.
O.C. 594-99, s. 6; O.C. 203-2000, s. 1.