R-9.2 - Act respecting the Pension Plan of Peace Officers in Correctional Services

Section 102 Disposition versions

2010-01-01

102. The spouse’s pension referred to in section 56, granted after 10 years of service were credited to the pensioner or to the employee entitled to a pension, may not be less than $5,878, adjusted annually and at the intervals prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9) for each year concerned until the year in which it became payable, according to the rate of increase of the Pension Index determined by the said Act and, for following years, adjusted in the manner prescribed in section 100, reduced in accordance with section 51 or, as the case may be, paragraph 1 of section 56 even if, in the latter case, the pension is payable under section 57.

A reduction required under the first paragraph applies even if no pension is paid under the Act respecting the Québec Pension Plan.

However, the first paragraph applies only with respect to that part of the pension established under paragraph 1 of section 44.2, and the amount provided for in that paragraph is multiplied by the fraction that the number of years of service credited before 1 January 1992 is of the total number of years of service credited.

When the pension is less than the amount determined in this section, the spouse is entitled to receive, in respect of the years before 1 January 1992, 66 2/3% of the pension that the pensioner was receiving or would otherwise have been entitled to receive or that the employee would have been entitled to receive. Calculation of that pension must take paragraphs 1 and 2 of section 56 into account. However, the amount determined under this section must not be exceeded.

1987, c. 107, s. 102; 1992, c. 67, s. 25; 2004, c. 39, s. 43; 2008, c. 25, s. 49.

2005-01-01

102. The spouse’s pension referred to in section 56, granted after 10 years of service were credited to the pensioner or to the employee entitled to a pension, may not be less than $5,878, adjusted annually and at the intervals prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9) for each year concerned until the year in which it became payable, according to the rate of increase of the Pension Index determined by the said Act and, for following years, adjusted in the manner prescribed in section 100, reduced in accordance with section 51 or, as the case may be, paragraph 1 of section 56 even if, in the latter case, the pension is payable under section 57.

A reduction required under the first paragraph applies even if no pension is paid under the Act respecting the Québec Pension Plan.

However, the first paragraph applies only with respect to that part of the pension established under paragraph 1 of section 45, and the amount provided for in that paragraph is multiplied by the fraction that the number of years of service credited before 1 January 1992 is of the total number of years of service credited.

When the pension is less than the amount determined in this section, the spouse is entitled to receive, in respect of the years before 1 January 1992, 662/3% of the pension that the pensioner was receiving or would otherwise have been entitled to receive or that the employee would have been entitled to receive. Calculation of that pension must take paragraphs 1 and 2 of section 56 into account. However, the amount determined under this section must not be exceeded.

1987, c. 107, s. 102; 1992, c. 67, s. 25; 2004, c. 39, s. 43.

1992-12-22

102. In no case may a pension granted after 10 years of credited service, except a child’s pension or a pension under section 62, be less than $3 836, adjusted annually and at the intervals prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9) for each year concerned until the year in which it became payable, according to the rate of increase of the Pension Index determined by the said Act and, for following years, adjusted in the manner prescribed in section 100, reduced in accordance with section 51 or, as the case may be, paragraph 1 of section 56 even if, in the latter case, the pension is payable under section 57.

A reduction required under the first paragraph applies even if no pension is paid under the Act respecting the Québec Pension Plan.

However, the first paragraph applies only with respect to that part of the pension established under paragraph 1 of section 45, and the amount provided for in that paragraph is multiplied by the fraction that the number of years of service credited before 1 January 1992 is of the total number of years of service credited.

1987, c. 107, s. 102; 1992, c. 67, s. 25.

1988-01-01

102. In no case may a pension granted after 10 years of credited service, except a child’s pension or a pension under section 62, be less than $3 836, adjusted annually and at the intervals prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9) for each year concerned until the year in which it became payable, according to the rate of increase of the Pension Index determined by the said Act and, for following years, adjusted in the manner prescribed in section 100, reduced in accordance with section 51 or, as the case may be, paragraph 1 of section 56 even if, in the latter case, the pension is payable under section 57.

A reduction required under the first paragraph applies even if no pension is paid under the Act respecting the Québec Pension Plan.

1987, c. 107, s. 102.