R-12.1 - Act respecting the Pension Plan of Management Personnel

Section 118 Disposition versions

2022-06-08

118. An employee who has had a period of absence without pay at a time the employee held pensionable employment under the Government and Public Employees Retirement Plan may, if the employee applies therefor, be credited with all or part of that period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.

Section 38, except the first and fourth paragraphs, applies for the purposes of the first paragraph of this section, with the necessary modifications, in particular provided that the transfer agreement under the second paragraph of section 38 is a transfer agreement under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The amount required of the employee to pay redemption costs under this section is determined in accordance with section 39. However, in the case of a period of absence without pay relating to a maternity leave or personal leave in connection with pregnancy or delivery, a paternity leave or leave for the non-birthing parent or an adoption leave in progress on 1 January 1991 or beginning after that date, or a period of absence without pay referred to in sections 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1), taken, or that would have been taken had it not been for the employee’s conditions of employment, under those sections and in progress on 1 January 2012 or beginning after that date, the amount required of the employee is determined in accordance with section 39.1.

In addition, an employee who, while holding pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 of the Act respecting the Government and Public Employees Retirement Plan or section 42.0.1 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

2001, c. 31, s. 118; 2002, c. 30, s. 139; 2004, c. 39, s. 248; 2006, c. 55, s. 51; 2007, c. 43, s. 151; 2012, c. 6, s. 16; 2022, c. 22, s. 270.

2012-05-03

118. An employee who has had a period of absence without pay at a time he or she held pensionable employment under the Government and Public Employees Retirement Plan may, if the employee applies therefor, be credited with all or part of that period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.

Section 38, except the first and fourth paragraphs, applies for the purposes of the first paragraph of this section, with the necessary modifications, in particular provided that the transfer agreement under the second paragraph of section 38 is a transfer agreement under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The amount required of the employee to pay redemption costs under this section is determined in accordance with section 39. However, in the case of a period of absence without pay relating to a maternity, paternity or adoption leave in progress on 1 January 1991 or beginning after that date, or a period of absence without pay referred to in sections 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1), taken, or that would have been taken had it not been for the employee’s conditions of employment, under those sections and in progress on 1 January 2012 or beginning after that date, the amount required of the employee is determined in accordance with section 39.1.

In addition, an employee who, while holding pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 of the Act respecting the Government and Public Employees Retirement Plan or section 42.0.1 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

2001, c. 31, s. 118; 2002, c. 30, s. 139; 2004, c. 39, s. 248; 2006, c. 55, s. 51; 2007, c. 43, s. 151; 2012, c. 6, s. 16.

2010-04-01

118. An employee who has had a period of absence without pay at a time he or she held pensionable employment under the Government and Public Employees Retirement Plan may, if the employee applies therefor, be credited with all or part of that period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.

Section 38, except the first and fourth paragraphs, applies for the purposes of the first paragraph of this section, with the necessary modifications, in particular provided that the transfer agreement under the second paragraph of section 38 is a transfer agreement under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The amount required of the employee to pay redemption costs under this section is determined in accordance with section 39. However, in the case of a period of absence without pay relating to a maternity, paternity or adoption leave in progress on 1 January 1991 or beginning after that date, the amount required of the employee is determined in accordance with section 39.1.

In addition, an employee who, while holding pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 of the Act respecting the Government and Public Employees Retirement Plan or section 42.0.1 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

2001, c. 31, s. 118; 2002, c. 30, s. 139; 2004, c. 39, s. 248; 2006, c. 55, s. 51; 2007, c. 43, s. 151.

2006-12-14

118. An employee who has had a period of absence without pay at a time he or she held pensionable employment under the Government and Public Employees Retirement Plan may, if the employee applies therefor, be credited with all or part of that period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.

Section 38, except the first and fifth paragraphs, applies for the purposes of the first paragraph of this section, with the necessary modifications, in particular provided that the transfer agreement under the third paragraph of that section is a transfer agreement under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The amount required of the employee to pay redemption costs under this section is determined in accordance with section 39. However, in the case of a period of absence without pay relating to a maternity, paternity or adoption leave in progress on 1 January 1991 or beginning after that date, the amount required of the employee is determined in accordance with section 39.1.

In addition, an employee who, while holding pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 of the Act respecting the Government and Public Employees Retirement Plan or section 42.0.1 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

2001, c. 31, s. 118; 2002, c. 30, s. 139; 2004, c. 39, s. 248; 2006, c. 55, s. 51.

2005-01-01

118. An employee who has had a period of absence without pay at a time he or she held pensionable employment under the Government and Public Employees Retirement Plan may, if the employee applies therefor, be credited with all or part of that period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20 % of the regular time of a full-time employee holding similar employment.

Section 38, except the first and fifth paragraphs, applies for the purposes of the first paragraph of this section, with the necessary modifications, in particular provided that the transfer agreement under the third paragraph of that section is a transfer agreement under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The amount required of the employee to pay redemption costs under this section is determined in accordance with section 39. However, in the case of a period of absence without pay relating to a maternity or paternity leave in progress on 1 January 1991 or beginning after that date, the amount required of the employee is determined in accordance with section 39.1.

In addition, an employee who, while holding pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services, ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 of the Act respecting the Government and Public Employees Retirement Plan or section 42.0.1 of the Act respecting the Pension Plan of Peace Officers in Correctional Services (chapter R-9.2) has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

2001, c. 31, s. 118; 2002, c. 30, s. 139; 2004, c. 39, s. 248.

2002-06-14

118. An employee who has had a period of absence without pay at a time he or she held pensionable employment under the Government and Public Employees Retirement Plan may, if the employee applies therefor, be credited with all or part of that period of absence if it consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20 % of the regular time of a full-time employee holding similar employment.

Section 38, except the first and fifth paragraphs, applies for the purposes of the first paragraph of this section, with the necessary modifications, in particular provided that the transfer agreement under the third paragraph of that section is a transfer agreement under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

The amount required of the employee to pay redemption costs under this section is determined in accordance with section 39. However, in the case of a period of absence without pay relating to a maternity or paternity leave in progress on 1 January 1991 or beginning after that date, the amount required of the employee is determined in accordance with section 39.1.

In addition, an employee who, while holding pensionable employment under the Government and Public Employees Retirement Plan, ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 29.0.1 of the Act respecting the Government and Public Employees Retirement Plan has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.

2001, c. 31, s. 118; 2002, c. 30, s. 139.

2001-06-21

118. The days and parts of a day during which an employee was, while holding pensionable employment under the Government and Public Employees Retirement Plan, on leave without pay that was in progress on 1 July 1983 or that began after that date and ended before 19 June 1986, and the days and parts of a day during which the employee was on part-time or full-time leave without pay, that was in progress on 19 June 1986 and that began after 18 June 1986, shall be credited subject to the terms and conditions determined by regulation, on an application filed by the employee, if

(1)  the employee has been authorized to take the leave by the employee’s employer ;

(2)  the employee pays an amount equal to 200 % of the contributions that would have been deducted from the pensionable salary the employee would have received if he or she had not been on leave according, where applicable, to the number of days and parts of a day comprised in the leave out of the number of contributory days in the year, that is, 200 or 260, according to the basis of remuneration ; and

(3)  the employee held, in the case of a leave that was in progress on 1 July 1983 or that began after that date and that ended before 19 June 1986, from the end of the leave, pensionable employment under the Government and Public Employees Retirement Plan or, in the case of a leave that was in progress on 19 June 1986 or that began after that date, held, where applicable, in the case of a full-time leave without pay, pensionable employment under this plan or the Government and Public Employees Retirement Plan, or pensionable employment under the Pension Plan of Peace Officers in Correctional Services if, in that case, the employee was not holding pensionable employment under the Civil Service Superannuation Plan at the time of the leave without pay, from the end of the last leave authorized by the employer or, in the case of a part-time leave without pay, from the end of the authorized leave, or except in all cases, if the employee has died or become disabled or eligible for retirement, or unless upon his or her return, the employee has availed himself or herself of an agreement of transferability entered into under section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) or, if the leave is followed by a maternity leave, from the end of the leave or, where applicable, from the end of a leave without pay immediately following a maternity leave.

However, in the case of unpaid leave relating to maternity, paternity or adoption leave that was in progress on 1 January 1991 or that began after that date, the employee shall pay only one-half of the amount referred to in subparagraph 2 of the first paragraph, provided the unpaid leave is permitted under his or her conditions of employment.

An employee who was on leave without pay that was in progress on 22 December 1992 or that began after that date, and who held pensionable employment under the Government and Public Employees Retirement Plan for part of that period may be credited, in accordance with the first or second paragraph, with only the days and parts of a day during which he or she did not hold such employment.

Section 39 applies in respect of a leave in progress on 19 June 1986 or that began after that date. As regards a leave that ended before that date, the second paragraph of section 233 of the Act respecting the Government and Public Employees Retirement Plan applies, except for the reference to section 26. In all cases, section 40 of this Act applies.

2001, c. 31, s. 118.