R-12.1, r. 1 - Regulation under the Act respecting the Pension Plan of Management Personnel

Section 10.4 Disposition versions

2020-03-01

10.4. The pensioner who returns to pensionable employment under the plan shall continue to receive the benefits referred to in the first paragraph of section 97 of the Act until the day on which the sum of the salaries defined in section 10.5 is greater than the amount by which the annual salary defined in section 10.6 exceeds the amount corresponding to the benefits referred to in the first paragraph of section 97 of the Act without, where applicable, being reduced pursuant to section 57 of the Act. Sections 91, 95, 96 and 100 of the Act shall apply with the necessary modifications.

The day following that on which the sum of the salaries defined in section 10.5 is equal or greater than the amount by which the annual salary defined in section 10.6 exceeds the amount corresponding to the benefits referred to in the first paragraph of section 97 of the Act without, where applicable, being reduced pursuant to section 57 of the Act, the pensioner’s pension and the benefits referred to in subparagraphs 7 and 8 of the first paragraph of section 97 shall cease to be paid for a period corresponding to the service that would have otherwise been credited to the pensioner while he or she has returned to such employment and, where applicable, until 31 December, had the election not been made.

Notwithstanding the first and second paragraphs, where the pensioner returns to pensionable employment under the plan during the same year in which he or she ceased membership in the plan, the amount corresponding to the benefits referred to in the first paragraph of section 97 of the Act without, where applicable, being reduced under section 57 of the Act and the annual salary defined in section 10.6 shall be adjusted in proportion to the number of days for which the pensioner received or would have received benefits in relation to the total number of days in that year.

The first, second and third paragraphs also apply to a pensioner who holds pensionable employment under paragraph 3 of section 1 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2). The same applies to a pensioner who holds pensionable employment under paragraph 4 of that section 1, where he or she is a member of the classes of employees designated in Division I of the schedule to the Regulation respecting the designation of classes of employees and the determination of special provisions applicable to employees of the Institut Philippe-Pinel (chapter R-9.2, r. 2).

T.B. 221967, s. 1.