176.1. If the contributor has disappeared or is absent, the retroactive payment of the surviving spouse’s pension and the orphan’s pension may exceed 12 months, provided the application for a pension is made before the end of the 12th month following the declaratory judgment of death, the attestation of death or the identification of the deceased contributor. Unless warranted by exceptional circumstances in the opinion of Retraite Québec, retroactivity is limited to 36 months, including the month the application is submitted.
In order for retroactivity to exceed 12 months, the application for a declaratory judgment of death must, in the opinion of Retraite Québec, have been made with due diligence under the circumstances.
2008, c. 21, s. 57; 2015, c. 20, s. 61.