R-12 - Act respecting the Civil Service Superannuation Plan

Section 66.1 Disposition versions

2016-01-01

66.1. An officer who has had a period of absence without pay at a time he or she held pensionable employment may, if the officer applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time officer holding similar employment.

To redeem a period of absence, an officer must be contributing to the plan on the date the application is received by Retraite Québec which must be subsequent to the date of the end of the period of absence except if the officer does not pay contributions under section 60 or 67. However, an officer may also redeem such a period if, at the end of the period of absence, the officer is no longer contributing to the plan by reason of disability, eligibility for a pension, death by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the officer contributed after the period of absence, if the officer’s application for redemption and pension application are received simultaneously by Retraite Québec.

For the purposes of the second paragraph, an officer who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Teachers Pension Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the officer holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to the officer’s participation in any such plan if the application is received while the officer was participating in this plan.

An officer who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 69.0.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

With respect to the person referred to in section 8.8 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the eligibility for a pension provided for in the second paragraph refers to the pension accrued under the Government and Public Employees Retirement Plan.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78; 1997, c. 50, s. 89; 2001, c. 31, s. 382; 2002, c. 30, s. 95; 2004, c. 39, s. 201; 2007, c. 43, s. 115; 2015, c. 20, s. 61.

2010-04-01

66.1. An officer who has had a period of absence without pay at a time he or she held pensionable employment may, if the officer applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time officer holding similar employment.

To redeem a period of absence, an officer must be contributing to the plan on the date the application is received by the Commission which must be subsequent to the date of the end of the period of absence except if the officer does not pay contributions under section 60 or 67. However, an officer may also redeem such a period if, at the end of the period of absence, the officer is no longer contributing to the plan by reason of disability, eligibility for a pension, death by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the officer contributed after the period of absence, if the officer’s application for redemption and pension application are received simultaneously by the Commission.

For the purposes of the second paragraph, an officer who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Teachers Pension Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the officer holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to the officer’s participation in any such plan if the application is received while the officer was participating in this plan.

An officer who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 69.0.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

With respect to the person referred to in section 8.8 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the eligibility for a pension provided for in the second paragraph refers to the pension accrued under the Government and Public Employees Retirement Plan.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78; 1997, c. 50, s. 89; 2001, c. 31, s. 382; 2002, c. 30, s. 95; 2004, c. 39, s. 201; 2007, c. 43, s. 115.

2005-01-01

66.1. An officer who has had a period of absence without pay at a time he or she held pensionable employment may, if the officer applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time officer holding similar employment.

The officer may not be credited with less than 10 pensionable days in respect of the same school or calendar year, as the case may be, unless the number of days is less than 10. In such a case, the officer may be credited with all those days.

To redeem a period of absence, an officer must be contributing to the plan on the date the application is received by the Commission which must be subsequent to the date of the end of the period of absence except if the officer does not pay contributions under section 60 or 67. However, an officer may also redeem such a period if, at the end of the period of absence, the officer is no longer contributing to the plan by reason of disability, eligibility for a pension, death by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the officer contributed after the period of absence, if the officer’s application for redemption and pension application are received simultaneously by the Commission.

For the purposes of the third paragraph, an officer who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Teachers Pension Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the officer holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to the officer’s participation in any such plan if the application is received while the officer was participating in this plan.

An officer who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 69.0.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

With respect to the person referred to in section 8.8 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2), the eligibility for a pension provided for in the third paragraph refers to the pension accrued under the Government and Public Employees Retirement Plan.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78; 1997, c. 50, s. 89; 2001, c. 31, s. 382; 2002, c. 30, s. 95; 2004, c. 39, s. 201.

2002-06-14

66.1. An officer who has had a period of absence without pay at a time he or she held pensionable employment may, if the officer applies therefor, be credited in whole or in part with the period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20 % of the regular time of a full-time officer holding similar employment.

The officer may not be credited with less than 10 pensionable days in respect of the same school or calendar year, as the case may be, unless the number of days is less than 10. In such a case, the officer may be credited with all those days.

To redeem a period of absence, an officer must be contributing to the plan on the date the application is received by the Commission which must be subsequent to the date of the end of the period of absence except if the officer does not pay contributions under section 60 or 67. However, an officer may also redeem such a period if, at the end of the period of absence, the officer is no longer contributing to the plan by reason of disability, eligibility for a pension, death by reason of a transfer agreement entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, where the officer contributed after the period of absence, if the officer’s application for redemption and pension application are received simultaneously by the Commission.

For the purposes of the third paragraph, an officer who, at the end of the period of absence without pay, is contributing to the Pension Plan of Peace Officers in Correctional Services, the Teachers Pension Plan, the Government and Public Employees Retirement Plan or the Pension Plan of Management Personnel even, in the latter two cases, if the officer holds pensionable employment under the Pension Plan of Certain Teachers, may also redeem a period of absence prior to the officer’s participation in any such plan if the application is received while the officer was participating in this plan.

An officer who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 69.0.0.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78; 1997, c. 50, s. 89; 2001, c. 31, s. 382; 2002, c. 30, s. 95.

2001-06-21

66.1. The days and parts of a day during which an officer is on part-time or full-time leave without pay for a period of not less than 28 consecutive days are credited to the officer who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been deducted from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds, in the case of a full-time leave without pay, pensionable employment under the plan provided for in this division, the Teachers Pension Plan, the Pension Plan of Management Personnel or the Government and Public Employees Retirement Plan even if, in the last two cases, he is a member of the Pension Plan of Certain Teachers from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement, or unless, upon his return, he avails himself of an agreement of transferability respecting the plan provided for in this division, entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of the leave or, where such is the case, from the end of the leave without pay immediately following the maternity leave.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78; 1997, c. 50, s. 89; 2001, c. 31, s. 382.

1997-07-01

66.1. The days and parts of a day during which an officer is on part-time or full-time leave without pay for a period of not less than 28 consecutive days are credited to the officer who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been deducted from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds, in the case of a full-time leave without pay, pensionable employment under the plan provided for in this division, the Teachers Pension Plan or the Government and Public Employees Retirement Plan even if, in the last case, he is a member of the Pension Plan of Certain Teachers from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement, or unless, upon his return, he avails himself of an agreement of transferability respecting the plan provided for in this division, entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of the leave or, where such is the case, from the end of the leave without pay immediately following the maternity leave.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78; 1997, c. 50, s. 89.

1992-12-22

66.1. The days and parts of a day during which an officer is on part-time or full-time leave without pay for a period of not less than 28 consecutive days are credited to the officer who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been deducted from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds, in the case of a full-time leave without pay, pensionable employment under the plan provided for in this division, the Teachers Pension Plan or the Government and Public Employees Retirement Plan even if, in the last case, he is a member of the Pension Plan of Certain Teachers from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement, or unless, upon his return, he avails himself of an agreement of transferability respecting the plan provided for in this division, entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of the leave or, where such is the case, from the end of the leave without pay immediately following the maternity leave.

If the officer has held pensionable employment under the Government and Public Employees Retirement Plan during his leave without pay, he may be credited under the plan provided for in this division with the days and parts of a day of service credited during that period under the Government and Public Employees Retirement Plan, unless his contributions have been refunded to him or unless he is a pensioner under the plan. Where such days and parts of a day are so credited to him, all sums deposited with the Caisse de dépôt et placement du Québec in respect of such days and parts of a day, after deduction of those reimbursed in accordance with the third paragraph, shall be transferred, with interest accrued to the date of transfer, to the consolidated revenue fund. The officer must, in that case, cause the days and parts of a day during which he did not hold such employment to be credited to him in accordance with the first paragraph.

The difference between the contributions he would have had to pay under the plan provided for in this division and the contributions actually paid under the Government and Public Employees Retirement Plan during the period of leave without pay shall be added to the amount of contributions referred to in subparagraph 2 of the first paragraph or shall be reimbursed with accrued interest, if any, in accordance with the Act respecting the Government and Public Employees Retirement Plan.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126; 1992, c. 67, s. 78.

1990-01-01

66.1. The days and parts of a day during which an officer is on part-time or full-time leave without pay for a period of not less than 28 consecutive days are credited to the officer who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been deducted from the pensionable salary he would have received had he not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds, in the case of a full-time leave without pay, pensionable employment under the plan provided for in this division, the Teachers Pension Plan or the Government and Public Employees Retirement Plan even if, in the last case, he is a member of the Pension Plan of Certain Teachers from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement, or unless, upon his return, he avails himself of an agreement of transferability respecting the plan provided for in this division, entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of the leave or, where such is the case, from the end of the leave without pay immediately following the maternity leave.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243; 1988, c. 82, s. 126.

1988-01-01

66.1. The days and parts of a day during which an officer is on part-time or full-time leave without pay for a period of not less than 28 consecutive days are credited to the officer who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been deducted from the salary he would have received had he not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration;

(3)  holds, in the case of a full-time leave without pay, pensionable employment under the plan provided for in this division, the Teachers Pension Plan or the Government and Public Employees Retirement Plan even if, in the last case, he is a member of the Pension Plan of Certain Teachers from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, unless he has died or become disabled or eligible for retirement, or unless, upon his return, he avails himself of an agreement of transferability respecting the plan provided for in this division, entered into pursuant to section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of the leave or, where such is the case, from the end of the leave without pay immediately following the maternity leave.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100; 1987, c. 107, s. 243.

1986-06-19

66.1. The days and parts of a day during which an officer is on part-time or full-time leave without pay for a period of not less than 28 consecutive days are credited to the officer who applies therefor if he

(1)  was authorized to take the leave by his employer;

(2)  pays the contributions that would have been deducted from the salary he would have received had he not been on leave according, as the case may be, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration;

(3)  he holds, in the case of a full-time leave without pay, an employment contemplated by this plan, the Teachers Pension Plan, the Government and Public Employees Retirement Plan from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave unless he has died or become disabled or entitled to retirement, or unless, upon his return, he transfers to the service of an employer with whom the Commission has concluded an agreement of transferability or, if the leave is followed by maternity leave, from the end of the leave or, where such is the case, from the end of the leave without pay immediately following the maternity leave.

1983, c. 24, s. 33; 1985, c. 18, s. 44; 1986, c. 44, s. 100.

1985-06-20

66.1. The days and parts of a day during which a public servant is on leave without pay for a period of not less than twenty-eight consecutive days are credited on the application of the public servant, if

(1)  he is authorized to go on leave by his employer;

(2)  he pays the contributions that would have been withheld from the salary he was receiving when he went on leave according, as the case may be, to the number of days or parts of days during which he was on leave out of the number of contributory days in the year concerned, that is, 200 or 260, according to the basis of remuneration;

(3)  he holds a position contemplated in this plan, in the Teachers Pension Plan or in the Government and Public Employees Retirement Plan from the end of his leave, unless he has died or become disabled or entitled to retirement or unless, upon his return, he transfers to the service of an employer with whom the Commission has entered into an agreement of transferability or, if the leave is followed by a maternity leave, from the end of that leave or, as the case may be, from the end of the leave without pay immediately following the maternity leave.

1983, c. 24, s. 33; 1985, c. 18, s. 44.

1983-07-01

66.1. The days and parts of a day for which a public officer is on leave without pay extending over a period of not less than 30 consecutive days are credited to the officer if

(1)  he is authorized to go on leave by his employer;

(2)  he pays the contributions that would have been withheld from the salary he was receiving when he went on leave according, as the case may be, to the number of days or parts of days during which he was on leave out of the number of contributory days in the year concerned, that is, 200 or 260, according to the basis of remuneration;

(3)  he holds a position contemplated by this plan from the end of his leave, unless he has died or become disabled or entitled to retirement or unless, upon his return, he transfers to the service of an employer with whom the Commission has entered into an agreement of transferability or, if the leave is followed by a maternity leave, from the end of that leave or, as the case may be, from the end of the leave without pay immediately following the maternity leave.

1983, c. 24, s. 33.