R-10, r. 7 - Regulation respecting the partition and assignment of benefits accrued under the Government and Public Employees Retirement Plan

Section 24.6 Disposition versions

2012-09-01

24.6. Section 19 is amended by substituting the following therefor:

“For the purposes of sections 16 and 18, the amount of pension or pension credit that would be obtained on the basis of the sums awarded to the spouse at the date of assessment shall be established at that date according to the actuarial method and assumptions provided for in section 7. That amount is presumed applicable on the date determined pursuant to paragraphs 1 and 2 of section 24.2

The amount of pension obtained pursuant to the first paragraph shall be indexed at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9) in accordance with the rate of increase in the Pension Index within the meaning of that Act, from 1 January following the date of assessment to 1 January of the year in which that amount begins to apply.

If the date on which the annual pension becomes payable occurs before the date determined pursuant to paragraphs 1 and 2 of section 24.2 or if the pension is being paid at the date of payment and that date occurs before the date determined, the amount of pension obtained pursuant to the first and second paragraphs or the amount of pension credit obtained pursuant to the first paragraph shall be reduced by 0.33% per month and 0.50% per month, respectively, calculated for each month between the date on which that amount of pension or pension credit begins to apply and the date determined, without exceeding 65% in the case of the reduction applicable to the amount of pension.

If the pensioner retired before the date of payment and if that date occurs after the date determined pursuant to paragraphs 1 and 2 of section 24.2, the amount of pension obtained pursuant to the first and second paragraphs shall be increased by 0.50% per month, calculated for each month between the date determined and the date on which that amount of pension begins to apply, if the pensioner retired before the date determined, or for each month between the date on which he retired and the date on which that amount of pension begins to apply, if the pensioner retired on the date determined or thereafter.

If the amount of pension credit obtained pursuant to the first paragraph begins to apply after the date determined pursuant to paragraphs 1 and 2 of section 24.2 but before the date of the pensioner’s 65th birthday, that amount shall be increased by 0.50% per month, calculated for each month between the date determined and the date on which that amount of pension credit begins to apply.

If the amount of pension credit obtained pursuant to the first paragraph begins to apply on the date of the pensioner’s 65th birthday or thereafter, that amount shall be increased by 0.50% per month, calculated for each month between the date determined and the date of his 65th birthday and by 0.75% per month, calculated for each month between the latter date and the date on which that amount of pension credit begins to apply.”.

O.C. 1191-95, s. 13.