41. The employer contribution, less the portion the employer is relieved of paying under section 42.1 or that relates to a special payment, must be paid in as many instalments as there are months in the fiscal year of the plan, each being paid not later than the last day of the month following the month for which it is made.
The monthly payments must be of equal amounts. However, if they relate to the current service contribution or an amortization payment to which members contribute, the monthly payments may represent an hourly rate or a rate of the remuneration of, or a percentage of the total payroll for, the active members. The monthly payments may also, in the case of a defined contribution plan or with respect to contributions paid under terms in a defined benefit plan that are identical to those of a defined contribution plan, represent an amount paid for each of the active members. That rate, percentage or amount must be uniform, unless it is established by reference to a variable authorized by Retraite Québec.
In the case of a pension plan to which Chapter X applies, where the employer contribution is not determined at the beginning of the fiscal year, the employer shall, until an actuarial valuation report is transmitted to Retraite Québec, continue to pay the monthly amounts fixed for the preceding fiscal year. If the contribution so paid is less than what should have been paid according to the report, the first monthly amount payable after the transmission of the report to Retraite Québec shall be increased by the difference between the monthly amounts paid and the amounts that should have been paid according to the report, plus any portion of the contribution the employer is relieved of paying under section 42.1 and the interest provided for in section 48 where applicable. The amount of the contribution may also be adjusted if the contribution that should have been paid according to the report is less than what was paid.
1989, c. 38, s. 41; 2000, c. 41, s. 23; 2006, c. 42, s. 7; 2008, c. 21, s. 31; 2015, c. 20, s. 61; 2015, c. 29, s. 11; 2018, c. 2, s. 9711.