R-9.1, r. 2 - Regulation respecting the partition and assignment of benefits accrued under the Pension Plan of certain teachers

Section 16 Disposition versions

2012-09-01

16. If the amount paid to the spouse comes from an entitlement to a refund of contributions, to a deferred pension or to a pension credit, the benefits of the employee or former employee shall be established in accordance with the Act and shall be recalculated as follows:

(1)  where the employee or former employee is entitled to a refund of contributions or is entitled to transfer an amount under a transfer agreement concluded in accordance with section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the amount of his refund or the amount to be transferred shall be reduced by the sums awarded to the spouse at the date of assessment, with interest compounded annually at the rate determined for each period under Schedule VI to that Act and accrued from the date of assessment to the date on which the refund or transfer is made. In the case of a refund of contributions, the percentage applicable under section 34.15 of the Act applies for the purpose of calculating the interest on the sums awarded to the spouse. Notwithstanding the foregoing, no interest is calculated on the portion of those sums that relate to years or parts of years of service under the Teachers Pension Plan or the Civil Service Superannuation Plan, if those sums come from an entitlement to a refund of contributions;

(2)  where the employee or former employee is entitled to a deferred pension, a pension or a pension credit, his pension or pension credit shall 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 pension credit that would be obtained on the basis of the sums awarded to the spouse at the date of assessment.

O.C. 840-91, s. 16; O.C. 1190-95, s. 7.