139.2. An application for a benefit is presumed to be made on the day it is received at an office of Retraite Québec. However, where it is received on the first working day of a month, an application is presumed to have been received the previous month if the last day of that month is not a working day.
Retraite Québec may consider the application for a benefit as having been made on a date prior to its receipt
(a) where the applicant has sent to Retraite Québec, within the 12 preceding months, a writing indicating his intention to apply for a benefit;
(b) where the Société de l’assurance automobile du Québec notifies Retraite Québec that the applicant is entitled to an income replacement indemnity payable under the Automobile Insurance Act (chapter A-25).
Retraite Québec may consider that an application for a disability pension, made by a contributor in respect of whom a claim for an employment injury has been made to the Commission des normes, de l’équité, de la santé et de la sécurité du travail, is made on the date of that claim, if the disability invoked may be connected to the subject of the claim to the Commission and the contributor’s entitlement to a replacement indemnity giving rise to exclusion from entitlement to a disability pension under section 105.2 has not been recognized.
Where an application for retirement pension is made by a contributor who, while he was 59 years of age or over, was informed that his application for a disability pension was refused or that his disability pension ceased to be payable for a reason other than his having reached 65 years of age or his becoming qualified for an indemnity referred to in section 96.1, Retraite Québec may consider that the application is made during the latest of the following months:
(a) the month in which the application for a disability pension was filed by the contributor;
(b) the last month for which the disability pension was payable to him;
(c) the month preceding the month in which he reaches 60 years of age;
(d) the month preceding the month from which payment of the retirement pension is to be made according to the contributor’s application.
1985, c. 4, s. 15; 1989, c. 15, s. 20; 1990, c. 19, s. 11; 1993, c. 15, s. 55; 1997, c. 73, s. 57; 2015, c. 15, s. 237; 2015, c. 20, s. 61.