R-10, r. 2 - Regulation under the Act respecting the Government and Public Employees Retirement Plan

Section 35.1 Disposition versions

2019-11-19

35.1. Retraite Québec must remit any amount owed to it if the debtor demonstrates that all income determined pursuant to the second paragraph is less than the low-income cutoff determined pursuant to the third paragraph. If all the income is equal to or greater than the cutoff, the amount owed to be remitted must be reduced by 20% for each slice of $1,000 of surplus income.

The income is that of the debtor and of his dependents, coming from all sources, for the 12-month period preceding the month during which the notice of claim was made by Retraite Québec, without considering the overpayment made by Retraite Québec.

The low-income cutoff corresponds to the total income in current dollars indicated in the table “Low income measure (LIM) thresholds by income source and household size” produced by Statistics Canada, for the year preceding by 2 years the year in which the notice of claim was made by Retraite Québec.

The first paragraph does not apply in cases of fraud or where a partial remittal of a debt has already been made pursuant to that paragraph in respect of the amount owed. It does not apply where the debtor may make the choice provided for in section 147.0.3 of the Act.

O.C. 1321-95, s. 3; T.B. 211915, s. 1; T.B. 221649, s. 1.

2016-01-01

35.1. Retraite Québec must remit any amount owed to it if the debtor demonstrates that all income determined pursuant to the second paragraph is less than the low-income cutoff determined pursuant to the third paragraph. If all the income is equal to or greater than the cutoff, the amount owed to be remitted must be reduced by 20% for each slice of $1,000 of surplus income.

The income is that of the debtor and of his dependents, coming from all sources, for the 12-month period preceding the month during which the notice of claim was made by Retraite Québec, without considering the overpayment made by Retraite Québec.

The low-income cutoff corresponds to the total income indicated in the table “Low income measures by income concept, for household size of four persons”, accessible on the website of Statistics Canada via the navigation element entitled “Low income lines - Tables and figure”, for the year preceding by 2 years the year in which the notice of claim was made by Retraite Québec. That threshold is adjusted to take into account the size of the household, using the method described in that table.

The first paragraph does not apply in cases of fraud or where a partial remittal of a debt has already been made pursuant to that paragraph in respect of the amount owed. It does not apply where the debtor may make the choice provided for in section 147.0.3 of the Act.

O.C. 1321-95, s. 3; T.B. 211915, s. 1.

2012-10-23

35.1. The Commission must remit any amount owed to it if the debtor demonstrates that all income determined pursuant to the second paragraph is less than the low-income cutoff determined pursuant to the third paragraph. If all the income is equal to or greater than the cutoff, the amount owed to be remitted must be reduced by 20% for each slice of $1,000 of surplus income.

The income is that of the debtor and of his dependents, coming from all sources, for the 12-month period preceding the month during which the notice of claim was made by the Commission, without considering the overpayment made by the Commission.

The low-income cutoff corresponds to the total income indicated in the table “Low income measures by income concept, for household size of four persons”, accessible on the website of Statistics Canada via the navigation element entitled “Low income lines - Tables and figure”, for the year preceding by 2 years the year in which the notice of claim was made by the Commission. That threshold is adjusted to take into account the size of the household, using the method described in that table.

The first paragraph does not apply in cases of fraud or where a partial remittal of a debt has already been made pursuant to that paragraph in respect of the amount owed. It does not apply where the debtor may make the choice provided for in section 147.0.3 of the Act.

O.C. 1321-95, s. 3; T.B. 211915, s. 1.

2012-09-01

35.1. The Commission must remit any amount owed to it if the debtor demonstrates that all income determined pursuant to the second paragraph is less than the low-income cutoff determined pursuant to the third paragraph. If all the income is equal to or greater than the cutoff, the amount owed to be remitted must be reduced by 20% for each slice of $1,000 of surplus income.

The income is that of the debtor and of his dependents, coming from all sources, for the 12-month period preceding the month during which the notice of claim was made by the Commission, without considering the overpayment made by the Commission.

The low-income cutoff corresponds to the income of an adult, indicated in “Low Income Measures by Family Type” published yearly in “Income distributions by size in Canada” by Statistics Canada, for the year preceding by 2 years the year in which the notice of claim was made by the Commission. That cutoff must be increased by 40% for each person 16 years of age or more who was a dependent of the debtor during the period considered for the purpose of calculating the income and by 30% for each person under 16 years of age who was his dependent for that period. If the debtor had no dependent of 16 years of age or more during that period, the cutoff is increased by 40% for the first dependent during that period.

The first paragraph does not apply in cases of fraud or where a partial remittal of a debt has already been made pursuant to that paragraph in respect of the amount owed. It does not apply where the debtor may make the choice provided for in section 147.0.3 of the Act.

O.C. 1321-95, s. 3.