C-52.1, r. 1 - Regulation respecting the partition and assignment of benefits accrued under the pension plan of the Members of the National Assembly

Section 23 Disposition versions

2012-09-01

23. Sections 3, 5, 16 and 21 of this Regulation must be replaced by the following sections:

“3. The benefits accrued under the system of retirement pensions for Members of the National Assembly are established in accordance with the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1), having regard to the following provisions:

(1)  if the Member is under 60 years of age, has served as a Member for at least 60 months and has been a Member of at least 2 legislatures, the accrued benefits correspond to a retirement pension payment of which is deferred to the later of the following dates:

(a)  the first of the month that occurs 12 months after the day after the date of the first election subsequent to the date of assessment or, if the election date is not known on the date of assessment, the first of the month that occurs 12 months after the day after the latest possible date of dissolution of the National Assembly as determined under section 6 of the Act respecting the National Assembly (chapter A-23.1);

(b)  the Member’s 60th birthday;

(2)  if the Member is 60 years of age or over, has served as a Member for at least 60 months and has been a Member of at least 2 legislatures, the accrued benefits correspond to a retirement pension payment of which is deferred to the date determined under subparagraph a of subparagraph 1.

The benefits accrued during the marriage or civil union are established in accordance with the first paragraph on the basis of the contributions paid during that period, years or parts of a year of service counted during that period, on the assumption that the Member or former Member acquired for that period benefits of the same nature as those accrued to him or her between the date the he or she began contributing to the system of retirement pensions for the Members of the National Assembly and the date of assessment.

For those purposes of the first and second paragraphs, the Member is deemed to have ceased to be a Member at the date of assessment.

5. Where the accrued benefits consist in a refund of contributions, the value of those benefits corresponds to the contributions paid to the date of assessment. The same applies in respect of the value of the benefits accrued during the marriage or civil union.

16. If the amount paid to the spouse derives from an entitlement to a refund of contributions or a retirement pension payment of which is deferred to age 60 or to the date determined under subparagraph a of subparagraph 1 of the first paragraph of section 3, the benefits of the Member or former Member are established in accordance with the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) and recalculated as follows:

(1)  where the Member or former Member is entitled to a refund of contributions, the amount of the refund is reduced by the sums awarded to the spouse at the date of assessment;

(2)  where the Member or former Member is entitled to a retirement pension, the pension is reduced, from the date at which it becomes payable or from the date of the payment to the spouse if the retirement pension is being paid at that date, by the amount of pension that would be obtained on the basis of the sums awarded to the spouse at the date of assessment.

21. Any refund of contributions made following a death must be reduced by the sums awarded to the spouse.”.

Decision 1611-1, s. 23.