40. The pension becomes payable to the employee entitled to it from the day on which the employee retires.
An employee who ceases to participate in the plan and is eligible for a pension without actuarial reduction is presumed to retire on the day after the day on which the employee ceases to participate in the plan. However, if the employee continues to hold pensionable employment under the plan after 30 December of the year in which the employee attains 69 years of age, the day after the day on which the employee ceases to hold such employment is the day on which the employee retires.
An employee who ceases to participate in the plan, who is eligible for an actuarially reduced pension and who applies therefor retires(1) on the day after the day on which the employee ceases to participate in the plan, if their pension application is received at Retraite Québec within 60 days of the day on which the employee ceases to participate in the plan;
(2) on the date of receipt of their pension application if the date falls more than 60 days after the date on which the employee ceased to participate in the plan, but not after the date on which the pension would otherwise have been granted to the employee without actuarial reduction at the time the employee ceased to participate in the plan;
(3) on the date of the employee's choice if it is after the date of receipt of the pension application and the date on which the employee ceased to participate in the plan, but not after the date on which the pension would otherwise have been granted to the employee without actuarial reduction at the time the employee ceased to participate in the plan; or
(4) on the first date on which a pension would otherwise have been granted to the employee without actuarial reduction at the time the employee ceased to participate in the plan if the date of receipt of the pension application is subsequent to that date.
However, where the employee referred to in the third paragraph does not apply for a pension, the employee is presumed to retire on the first date on which a pension would otherwise have been granted to the employee without actuarial reduction at the time the employee ceased to participate in the plan.
1973, c. 12, s. 33; 1983, c. 24, s. 1; 1988, c. 82, s. 17; 1991, c. 77, s. 44; 1995, c. 46, s. 7; 1997, c. 50, s. 24; 2015, c. 27, s. 8; 2015, c. 20, s. 61; 2022, c. 222022, c. 22, s. 28822.