R-12 - Act respecting the Civil Service Superannuation Plan

Full text
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1 or 108.1.1, Retraite Québec shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a pension plan which applied before 1 January 1992 to a Member of the National Assembly and in respect of which he obtained a refund of his contributions, except if he has already exercised a right of redemption in respect of such years and parts of a year under a pension plan other than the plan provided for in this division; for such purpose, he must notify Retraite Québec of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5% of the indemnity he received as a member during each of such years.
The amount established under the second or third paragraph is payable in a lump sum or, if provided for in the officer’s conditions of employment, by using all or part of his accumulated sick leave. In the latter case, his employer shall pay all or part of the amount according to the terms determined by Retraite Québec.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5% per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44; 1990, c. 87, s. 96; 1992, c. 67, s. 83; 1993, c. 41, s. 41; 2015, c. 20, s. 61; 2016, c. 14, s. 38; 2018, c. 4, s. 39.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1, Retraite Québec shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a pension plan which applied before 1 January 1992 to a Member of the National Assembly and in respect of which he obtained a refund of his contributions, except if he has already exercised a right of redemption in respect of such years and parts of a year under a pension plan other than the plan provided for in this division; for such purpose, he must notify Retraite Québec of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5% of the indemnity he received as a member during each of such years.
The amount established under the second or third paragraph is payable in a lump sum or, if provided for in the officer’s conditions of employment, by using all or part of his accumulated sick leave. In the latter case, his employer shall pay all or part of the amount according to the terms determined by Retraite Québec.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5% per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44; 1990, c. 87, s. 96; 1992, c. 67, s. 83; 1993, c. 41, s. 41; 2015, c. 20, s. 61; 2016, c. 14, s. 38.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1, Retraite Québec shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a pension plan which applied before 1 January 1992 to a Member of the National Assembly and in respect of which he obtained a refund of his contributions, except if he has already exercised a right of redemption in respect of such years and parts of a year under a pension plan other than the plan provided for in this division; for such purpose, he must notify Retraite Québec of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5% of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5% per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44; 1990, c. 87, s. 96; 1992, c. 67, s. 83; 1993, c. 41, s. 41; 2015, c. 20, s. 61.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1, the Commission shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to a pension plan which applied before 1 January 1992 to a Member of the National Assembly and in respect of which he obtained a refund of his contributions, except if he has already exercised a right of redemption in respect of such years and parts of a year under a pension plan other than the plan provided for in this division; for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5% of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5% per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44; 1990, c. 87, s. 96; 1992, c. 67, s. 83; 1993, c. 41, s. 41.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1, the Commission shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to the system of retirement pensions established under the Legislature Act (chapter L-1) and in respect of which he obtained, before 1 January 1983, the withdrawal of his contributions under the said Act, except if he has already redeemed such years and parts of a year under section 29 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1); for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5 % of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5 % per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44; 1990, c. 87, s. 96; 1992, c. 67, s. 83.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1, the Commission shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to the system of retirement pensions established under the Legislature Act (chapter L-1) and in respect of which he obtained, before 1 January 1983, the withdrawal of his contributions under the said Act, except if he has already redeemed such years and parts of a year under section 29 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1); for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5 % of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5 % per annum if the officer requests it in the above-mentioned notice. However, no interest is computed for the period during which the redemption proposal made by the Commission is valid.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44; 1990, c. 87, s. 96.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions and provided he is not a pensioner under that plan. Notwithstanding the fact that no application to that effect has been made by the officer, the years and parts of a year of service shall be credited to him upon computation of any pension unless he gives written notice to the contrary before the pension is paid. However, where an application is made for the statement referred to in section 108.1, the Commission shall assess the benefits accumulated under the plan provided for in this division and, where applicable, shall pay the sums awarded to the spouse taking into account such years and parts of a year of service.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to the system of retirement pensions established under the Legislature Act (chapter L-1) and in respect of which he obtained, before 1 January 1983, the withdrawal of his contributions under the said Act, except if he has already redeemed such years and parts of a year under section 29 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1); for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5 % of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5 % per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144; 1990, c. 32, s. 44.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to the system of retirement pensions established under the Legislature Act (chapter L-1) and in respect of which he obtained, before 1 January 1983, the withdrawal of his contributions under the said Act, except if he has already redeemed such years and parts of a year under section 29 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1); for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5 % of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5 % per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the pensionable salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions.
He is also entitled to be credited for pension purposes with the years and parts of a year during which he contributed to the system of retirement pensions established under the Legislature Act (chapter L-1) and in respect of which he obtained, before 1 January 1983, the withdrawal of his contributions under the said Act, except if he has already redeemed such years and parts of a year under section 29 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1); for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to the amount obtained by applying the rate of contribution applicable on the date on which this division becomes applicable to him to the indemnity he received as a Member or to the pensionable salary he was entitled to receive during the first year during which he was an officer, after having been a Member, whichever is less.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5 % of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5 % per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47; 1988, c. 82, s. 144.
90. Every officer is entitled to be credited with the years and parts of years of service which are credited to him under the Act respecting the Teachers Pension Plan (chapter R-11), provided he has not received any reimbursement of his contributions.
He is also entitled to be credited with the years during which he was a member of the National Assembly and for which he has paid the contribution contemplated in section 87 of the Legislature Act (chapter L-1), unless he is entitled to a pension under the said act; for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay, for each of such years, an amount computed at the rate of contribution applicable on the date on which this division becomes applicable to him of the lesser of the indemnity he received as a member or the salary he was entitled to receive during the first year during which he was an officer, after having been a member.
He is also entitled to be credited with the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must give notice of his intention to avail himself of this paragraph and pay, for each of such years, an amount equal to 5% of the indemnity he received as a member during each of such years.
When the number of years which an officer so wishes to be credited with exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5% per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45; 1983, c. 24, s. 47.
90. Every officer, upon application to the Commission, shall be entitled, for pension purposes, to have counted the years of service which he is entitled to have counted under the Act respecting the Teachers Pension Plan provided that he has not received any refund of his contributions.
He shall also be entitled to have counted for the same purposes the years during which he was a member of the National Assembly and for which he has paid the contribution contemplated in section 87 of the Legislature Act (chapter L-1), unless he is entitled to a pension under the said act; for such purpose, he must notify the Commission of his intention to avail himself of this paragraph and pay to it, for each of such years, an amount computed at the rate of contribution applicable on the date on which this division becomes applicable to him of the lesser of the indemnity he received as a member or the salary he was entitled to receive during the first year during which he was an officer, after having been a member.
He shall also be entitled to have counted, for the same purposes, the years during which he was a member of the National Assembly before the 1st of January 1958 if he ceased to be a member before such date and, for such purpose, he must notify the Minister of Finance of his intention to avail himself of this paragraph and pay into the consolidated revenue fund, for each of such years, an amount equal to 5% of the indemnity he received as a member during each of such years.
Such a notice must be given according to the form furnished or approved by the Minister of Finance.
When the number of years which an officer so wishes to have counted exceeds two, the amount he must pay shall be payable in not more than five equal and consecutive annual instalments with interest at the rate of 5% per annum if the officer requests it in the above-mentioned notice.
The pension of an officer who avails himself of the second or third paragraph of this section shall, in such case, be based solely on the salary which he received while he was an officer.
R. S. 1964, c. 14, s. 67; 1965 (1st sess.), c. 15, s. 29; 1969, c. 15, s. 36; 1970, c. 8, s. 6; 1973, c. 12, s. 177; 1974, c. 10, s. 22; 1977, c. 22, s. 45.