R-10, r. 7.1 - Regulation respecting the partition and assignment of benefits accrued under the Régime de retraite des employés en fonction au Centre hospitalier Côte des Neiges

Section 3 Disposition versions

2019-01-01

3. The benefits accrued under the Régime de retraite des employés en fonction au Centre hospitalier Côte des Neiges shall be established in accordance with the plan, taking into account the following provisions:

(1)  where the employee has less than 5 years of pensionable service but has to his credit more than 30 years of service on which a pension benefit or retirement benefit of a type described in paragraph b of subsection 3 of section 5 of the Public Service Superannuation Act (R.S.C. 1985, c. P-36) is based and has not reached age 60, the accrued benefits shall be those whose value is the higher of a refund of contributions or a deferred pension payable at age 60;

(2)  where the employee has less than 5 years of pensionable service but has to his credit more than 30 years of service on which a pension benefit or retirement benefit of a type described in paragraph b of subsection 3 of section 5 of the Public Service Superannuation Act is based and has reached age 60, the accrued benefits shall be those whose value is the highest of

(a)  a refund of contributions;

(b)  a cash termination allowance; or

(c)  an immediate pension;

(3)  where the employee has at least 5 years of pensionable service but does not have to his credit at least 10 years of service and has not reached age 45, the accrued benefits shall be those whose value is the higher of a refund of contributions or a deferred pension payable at age 60;

(4)  where the employee has at least 5 years of pensionable service and has to his credit at least 10 years of service and has reached age 45 but not age 60, the accrued benefits are deemed to correspond to a deferred pension payable at that age; and

(5)  where the employee has ceased to hold employment because of a disability and has the option between either an immediate pension or a cash termination allowance or a refund of contributions, and where his option is not exercised within 60 days following the date of receipt of the application for assessment, the accrued benefits shall be those having the higher value.

The benefits accrued for the period of the marriage or civil union shall be established in accordance with the first paragraph on the basis of the years or parts of a year of service credited during that period, on the assumption that the member or former member acquired for that period benefits of the same type as those accrued to him from the beginning of his membership to the date of assessment.

For the purposes of establishing and assessing the accrued benefits, those benefits shall correspond to the benefits acquired under the plan at the date of assessment on the basis of the years or parts of a year of service credited at that date without taking into account, except for the pensioner, those years added at the time of the calculation of the pension. For those purposes, the member is deemed to have ceased to be covered by the plan at the date of assessment.

T.B. 197248, s. 3; T.B. 220173, s. 4.

2012-09-01

3. The benefits accrued under the Régime de retraite des employés en fonction au Centre hospitalier Côte des Neiges shall be established in accordance with the plan, taking into account the following provisions:

(1)  where the employee has less than 5 years of pensionable service but has to his credit more than 30 years of service on which a pension benefit or retirement benefit of a type described in paragraph b of subsection 3 of section 5 of the Public Service Superannuation Act (R.S.C. 1985, c. P-36) is based and has not reached age 60, the accrued benefits shall be those whose value is the higher of a refund of contributions or a deferred pension payable at age 60;

(2)  where the employee has less than 5 years of pensionable service but has to his credit more than 30 years of service on which a pension benefit or retirement benefit of a type described in paragraph b of subsection 3 of section 5 of the Public Service Superannuation Act is based and has reached age 60, the accrued benefits shall be those whose value is the highest of

(a)  a refund of contributions;

(b)  a cash termination allowance; or

(c)  an immediate pension;

(3)  where the employee has at least 5 years of pensionable service but does not have to his credit at least 10 years of service and has not reached age 45, the accrued benefits shall be those whose value is the higher of a refund of contributions or a deferred pension payable at age 60;

(4)  where the employee has at least 5 years of pensionable service and has to his credit at least 10 years of service and has reached age 45 but not age 60, the accrued benefits are deemed to correspond to a deferred pension payable at that age; and

(5)  where the employee has ceased to hold employment because of a disability and has the option between either an immediate pension or a cash termination allowance or a refund of contributions, and where his option is not exercised within 60 days following the date of receipt of the application for assessment, the accrued benefits shall be those having the higher value.

The benefits accrued for the period of the marriage shall be established in accordance with the first paragraph on the basis of the years or parts of a year of service credited during that period, on the assumption that the member or former member acquired for that period benefits of the same type as those accrued to him from the beginning of his membership to the date of assessment.

For the purposes of establishing and assessing the accrued benefits, those benefits shall correspond to the benefits acquired under the plan at the date of assessment on the basis of the years or parts of a year of service credited at that date without taking into account, except for the pensioner, those years added at the time of the calculation of the pension. For those purposes, the member is deemed to have ceased to be covered by the plan at the date of assessment.

T.B. 197248, s. 3.