R-10 - Act respecting the Government and Public Employees Retirement Plan

Section 198 Disposition versions

2022-06-08

198. Every person under 65 years of age with less than 35 years of service for purposes of qualifying for a pension, who qualifies for a pension or would qualify if the teacher availed himself of this section and who belongs to a category determined by regulation, among other things, according to the employer, may, after an agreement with the latter, to the extent that such an agreement is allowed under the conditions of employment, cause to be added to the age and years of service for pension purposes, the lesser result of the two following computations:

(1)  35 less the service recognized for purposes of qualification;

(2)  65 less the age of the person on the date of the early retirement or, if the person is a teacher within the meaning of the Teachers Pension Plan, the age within two months following the end of the school year within the meaning of the plan.

The number, which must not exceed 5, may, however, to the extent and under the conditions and circumstances determined by regulation, vary according to the category of persons contemplated by regulation and according to the employer of that category of persons contemplated by regulation.

1983, c. 24, s. 1; 1983, c. 54, s. 66; 1991, c. 14, s. 28; 2004, c. 39, s. 159; 2022, c. 22, s. 289.

2005-01-01

198. Every person under 65 years of age with less than 35 years of service for purposes of qualifying for a pension, who qualifies for a pension or would qualify if he availed himself of this section and who belongs to a category determined by regulation, among other things, according to his employer, may, after an agreement with the latter, to the extent that such an agreement is allowed under his conditions of employment, cause to be added to his age and years of service for pension purposes, the lesser result of the two following computations:

(1)  35 less the service recognized for purposes of qualification;

(2)  65 less the age of the person on the date of his early retirement or, if the person is a teacher within the meaning of the Teachers Pension Plan, his age within two months following the end of the school year within the meaning of the plan.

The number, which must not exceed 5, may, however, to the extent and under the conditions and circumstances determined by regulation, vary according to the category of persons contemplated by regulation and according to the employer of that category of persons contemplated by regulation.

1983, c. 24, s. 1; 1983, c. 54, s. 66; 1991, c. 14, s. 28; 2004, c. 39, s. 159.

1999-04-01

198. Every person under 65 years of age with less than 35 years of service for purposes of qualifying for a pension, who qualifies for a pension or would qualify if he availed himself of this section and who belongs to a category or subcategory determined by regulation, among other things, according to his employer, may, after an agreement with the latter, to the extent that such an agreement is allowed under his conditions of employment, cause to be added to his age and years of service for pension purposes, the lesser result of the two following computations:

(1)  35 less the service recognized for purposes of qualification;

(2)  65 less the age of the person on the date of his early retirement or, if the person is a teacher within the meaning of the Teachers Pension Plan, his age within two months following the end of the school year within the meaning of the plan.

The number, which must not exceed 5, may, however, to the extent and under the conditions and circumstances determined by regulation, vary according to the category or subcategory of persons contemplated by regulation and according to the employer of that category or subcategory of persons contemplated by regulation.

1983, c. 24, s. 1; 1983, c. 54, s. 66; 1991, c. 14, s. 28.

1983-12-22

198. Every person under 65 years of age with less than 35 years of service for purposes of qualifying for a pension and who qualifies for a pension or would qualify if he availed himself of this section may, after agreement with his employer, cause to be added to his age and years of service for pension purposes, the lesser result of the two following computations:

(1)  35 less the service recognized for purposes of qualification;

(2)  65 less the age of the person on the date of his early retirement or, if the person is a teacher within the meaning of the Teachers Pension Plan, his age within two months following the end of the school year within the meaning of the plan.

However, the number may not be greater than the number determined by regulation nor exceed five. The number may, however, to the extent and under the conditions and circumstances determined by regulation, vary according to the category or subcategory of persons contemplated by regulation and according to the employer of that category or subcategory of persons contemplated by regulation.

1983, c. 24, s. 1; 1983, c. 54, s. 66.

1983-07-01

198. Every person under 65 years of age with at least 35 years of service for purposes of qualifying for a pension and who qualifies for a pension or would qualify if he availed himself of this section may, after agreement with his employer, cause to be added to his age and years of service for pension purposes, the lesser result of the two following computations:

(1)  35 less the service recognized for purposes of qualification;

(2)  65 less the age of the person on the date of his early retirement or, if the person is a teacher within the meaning of the Teachers Pension Plan, his age within two months following the end of the school year within the meaning of the plan.

However, the number may not be greater than the number determined by regulation nor exceed five. The number may, however, to the extent and under the conditions and circumstances determined by regulation, vary according to the category or subcategory of persons contemplated by regulation and according to the employer of that category or subcategory of persons contemplated by regulation.

1983, c. 24, s. 1.