18. A pensioner whose pension is payable under this Order in Council and who holds pensionable employment or again holds pensionable employment under the plan, or a pensioner under a former pension plan who holds such employment while belonging to one of the classes of employees designated in Schedule II becomes, despite section 4 of the Act, an employee to whom the plan applies if the employee elects to be a member of the plan. The pensioner is subject to this Order in Council for as long as the pensioner holds employment under the plan but the pensioner may not avail himself or herself of section 16.
The election applies and the pensioner’s pension is cancelled from the date on which Retraite Québec receives from the pensioner a written notice to that effect or, retroactively, from the first day of the pensioner’s new employment if the pensioner remits to Retraite Québec a total amount equal to the contribution the pensioner would have made had the pensioner been a member of the plan during that period, as well as the amount of pension that would have ceased to be paid for the period during which the pensioner held pensionable employment or again held pensionable employment. Those amounts bear interest, compounded annually, at the rates in Schedule VII to the Act, from the date on which the pensioner began to be a member of the plan until the date on which the notice is received by Retraite Québec.
In the case of a pensioner of the Government and Public Employees Retirement Plan, the Teachers Pension Plan, the Civil Service Superannuation Plan and the Pension Plan of Certain Teachers who made the election under the first paragraph, the years or parts of a year of service that had been credited or counted under the plan are credited or counted for pension purposes under the plan, and the third paragraph of section 180 of the Act applies with the necessary modifications.
O.C. 960-2003, s. 18; O.C. 482-2005, s. 5.