R-10, r. 9 - Regulation respecting the partition and assignment of benefits accrued under the Régime de retraite des membres de la Sûreté du Québec

Section 20 Disposition versions

2012-09-01

20. If the amount paid to the spouse comes from an entitlement to a refund of contributions, to a deferred retirement pension or a pension credit, the member’s or former member’s benefits must be established in accordance with the plan and must be recalculated as follows:

(1)  where the member or former member is entitled to a refund of contributions, to a payment of actuarial value or is entitled to transfer an amount under a transfer agreement approved by the Government, the amount, established in accordance with the plan, of the refund, payment or transfer must be reduced by the sums awarded to the spouse at the date of assessment with interest compounded annually. The applicable rate of interest is determined for each period under Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) until 31 May 2009 and in accordance with Schedule II to the Régime de retraite des membres de la Sûreté du Québec as of 1 June 2009. Those sums are accrued from the date of assessment to the date of receipt of the application for refund, payment or transfer, with interest compounded annually at the rate in Schedule VII to the Act respecting the Government and Public Employees Retirement Plan in force on the date of receipt of the application and calculated from the day following that date until the date of the refund;

(2)  where the member or former member is entitled to a deferred retirement pension, to a retirement pension or to a pension credit, his or her pension or credit must be reduced from the date on which it becomes payable or from the date of payment, as the case may be, by the amount of pension or credit that would be obtained on the basis of the sums awarded to the spouse at the date of assessment.

O.C. 125-2010, s. 20.