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Updated to 29 April 2002
Chapter R-11
AN ACT RESPECTING THE TEACHERS PENSION PLAN
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CHAPTER I
APPLICATION AND ADMINISTRATION
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DIVISION I
GENERAL PROVISIONS
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Teachers appointed before 1973.
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1. This
pension plan, which replaces the plan that applied from 1 July 1965, applies
to a teacher who is a person appointed or employed before 1 July 1973 if he
holds a pedagogical or educational position, within the meaning of the
regulations, in a teaching institution contemplated in Schedule I. |
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Every person who had a right to contribute
during the school year 1964-65 to the plan provided in Part VIII of the
Education Act (Revised Statutes of Québec, 1964, chapter 235) is a teacher
as long as he continues to hold the employment from which that right is
derived. |
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1965 (1st sess.), c. 68, s. 1 (part);
1966-67, c. 64, s. 1.;1970, c. 56, s. 1; 1972, c. 60, s. 48; 1973, c. 12, s.
186.;1974, c. 63, s. 1; 1977, c. 23, s. 1; 1977, c. 5, s. 14.;1982, c. 51,
s. 49.;1983, c. 24, s. 2.
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2. The
plan also applies, on conditions determined by regulation, to a teacher
whose services are required by a teachers' association or an agency in the
field of education contemplated in Schedule II. |
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1973, c. 12, s. 187; 1977, c. 23, s. 2.;1983,
c. 24, s. 2.
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2.1. For the purposes of this plan, a teacher within the
meaning of this plan is deemed to hold pensionable employment when he holds
full-time or part-time employment contemplated by this plan, which includes,
among other periods, any period during which he is on leave without pay, is
entitled to salary-insurance benefits or, in the case of a female teacher,
is on maternity leave. |
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For the purposes of this plan, salary
insurance means the salary insurance that is mandatory for the teacher, but
does not include the salary insurance referred to in section 29.1. |
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1987, c. 47, s. 86.;1988, c. 82, s. 58.;1995,
c. 70, s. 44.
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2.2. For the purposes of the plan, a teacher shall participate
in a plan from his first day of service in pensionable employment. |
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Eligibility and computation.
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A teacher shall participate in a plan as
long as he remains a teacher within the meaning of the plan. However, for
the purposes of eligibility for and computation of benefits under this plan,
where a teacher ceases to be a teacher within the meaning of this plan for
any period during which he is not in service in pensionable employment and
is not entitled to a pension by reason of permanent and total disability
under subparagraph 6 of the first paragraph of section 32 or to a benefit
for mental or physical disability paid under a plan established by section
75.1, the teacher is deemed to have ceased to participate, |
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(1) if he is not entitled to a pension,
on his last day of service in pensionable employment or, as the case may be,
on the date the Commission received an application for redemption whereby
years and parts of a year of service have been credited or transferred to
the plan if such date is subsequent to the last day referred to above; |
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(2) if he is entitled to a pension, on
the first day he became entitled to the pension, from the day or date which
would have been considered if paragraph 1 had applied. |
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1988, c. 82, s. 59.;2000, c. 32, s. 50.
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3. This
plan does not apply to a teacher who |
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(1) is a Member of the National
Assembly; |
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(2) is excluded from the plan by reason
of his class or conditions of employment, or his remuneration or mode of
remuneration as determined by regulation; |
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(3) is an employee covered by the
Pension Plan of Peace Officers in Correctional Services; |
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(4) belongs to a class of employees
designated under the first paragraph of section 23 of the Act respecting the
Pension Plan of Management Personnel (chapter R-12.1), except where he makes
the election provided for in the third paragraph of that section. |
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1973, c. 12, s. 187; 1977, c. 23, s. 3.;1983,
c. 24, s. 2.;1987, c. 47, s. 87.;1987, c. 107, s. 210.;1990, c. 87, s.
105.;1991, c. 77, s. 64.;2001, c. 31, s. 365.
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3.1. (Replaced). |
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1982, c. 51, s. 50.;1983, c. 24, s. 2.
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4. A
teacher is no longer a teacher within the meaning of the plan on 31 December
of the year in which he attains 69 years of age. |
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1973, c. 12, s. 187; 1974, c. 63, s. 2.;1983,
c. 24, s. 2.;1987, c. 47, s. 88.;1988, c. 82, s. 60.;1991, c. 77, s.
65.;1997, c. 50, s. 59.
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DIVISION II
SPECIAL PROVISIONS
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5. A
teacher who, within 180 days of ceasing to be a person to whom this plan
applies, holds pensionable employment under this plan, the Government and
Public Employees Retirement Plan or the Pension Plan of Management
Personnel, but not, in the latter two cases, employment listed in Schedule I
or II to the Act respecting the Civil Service Superannuation Plan (chapter
R-12), is a member of this plan. An officer who, within 180 days of ceasing
to be a person to whom the Civil Service Superannuation Plan applies, holds
pensionable employment under this plan, is a member of the latter plan. |
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Teacher on leave without pay.
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A teacher who, during a leave without pay,
holds pensionable employment under the Government and Public Employees
Retirement Plan or the Pension Plan of Management Personnel is a member of
this plan in respect of that employment. |
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Teacher placed on reserve.
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A teacher placed on reserve as in section 6
of the Act respecting the Pension Plan of Peace Officers in Correctional
Services (chapter R-9.2) shall again become a member of this plan if he
ceases to be employed as a peace officer in correctional services to again
become a teacher within the meaning of this plan before the end of the leave
without pay granted to him to hold employment as a peace officer. |
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1973, c. 12, s. 187; 1977, c. 23, s. 4.;1983,
c. 24, s. 2.;1987, c. 47, s. 89.;1987, c. 107, s. 211.;1988, c. 82, s.
61.;1990, c. 32, s. 26.;1990, c. 87, s. 79.;1997, c. 50, s. 60.;2001, c. 31,
s. 366.
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5.0.1. Except in the case of a pensioner under this plan or
the Civil Service Superannuation Plan, a teacher or an officer, as the case
may be, who has ceased to be a person to whom such a plan is applicable
because he has become a Member of the National Assembly may elect to become
a member of this plan if, within 180 days of the date on which he ceased to
be a Member of the National Assembly, such a teacher holds pensionable
employment under this plan, the Government and Public Employees Retirement
Plan or the Pension Plan of Management Personnel, but not, in the latter two
cases, employment contemplated in SChedule I or II to the Act respecting the
Civil Service Superannuation Plan (chapter R-12), of if, within the same
period, such an officer holds pensionable employment under this plan. |
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The Commission must receive a notice to
this effect not later than 60 days after the expiry of the period referred
to in the first paragraph, and this plan shall apply to every person who
made such an election from the date on which that person held such
employment. |
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1992, c. 16, s. 10.;2001, c. 31, s. 367.
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5.1. (Replaced). |
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1982, c. 51, s. 51.;1983, c. 24, s. 2.
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6. A
teacher laid off for surplus of personnel, who teaches 20 days at the
elementary level, 95 periods at the secondary level or 45 periods at the
college level during each school year following the year of such lay-off,
may be credited with those teaching days or periods if he again holds an
employment contemplated by this plan within 30 months from the end of the
school year in which he was laid off. |
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To be credited with such days or periods,
the teacher, within one year following the date of his return to work in
employment contemplated by this plan, shall apply therefor and pay the
contributions provided for by the plan. |
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1974, c. 63, s. 3.;1983, c. 24, s. 2.
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7. The
school year, for the purposes of the plan, is |
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(1) in the case of a school board, the
period included between 1 July of one year and 30 June of the next year;
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(2) in all other cases, the period of
twelve months generally recognized by the body in the contract of employment.
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1965 (1st sess.), c. 68, s. 2; 1970, c. 56, s.
2; 1973, c. 12, s. 188.;1977, c. 23, s. 5.;1982, c. 51, s. 52.;1983, c. 24,
s. 2.;1985, c. 18, s. 30.
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8. A
teacher who accepts or has accepted, from 1 July 1970, a position with a
university in Québec, following the transfer of jurisdiction over his
position from a teaching institution under the control of the Government to
a university in Québec, may, with the approval of the Comité de retraite,
continue to participate in the plan. |
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1965 (1st sess.), c. 68, s. 3; 1966-67, c. 64,
s. 2; 1973, c. 12, s. 189.;1977, c. 23, s. 6.;1982, c. 51, s. 53.;1983, c.
24, s. 2.
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8.1. (Replaced). |
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1982, c. 51, s. 54.;1983, c. 24, s. 2.
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8.2. (Replaced). |
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1982, c. 51, s. 54.;1983, c. 24, s. 2.
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Member of staff of Lieutenant-Governor.
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9. A
teacher who ceases to be a member of this plan and who, within 180 days
after the date on which this plan ceased to apply to him, becomes a member
of the staff of the Lieutenant-Governor, is a member of this plan. |
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1970, c. 56, s. 3; 1977, c. 23, s. 8.;1982, c.
33, s. 24.;1982, c. 51, s. 55.;1983, c. 24, s. 2.;1983, c. 55, s. 149.;1984,
c. 27, s. 87.;1984, c. 47, s. 141.;1987, c. 47, s. 90.;1990, c. 87, s. 80.
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Member of staff of minister.
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9.0.1. A teacher who ceases to be a member of this plan and
who, within 180 days after the date on which this plan ceased to apply to
him, becomes a member of the staff of a minister or of a person referred to
in section 124.1 of the Act respecting the National Assembly (chapter
A-23.1) is a member of this plan if he is entitled to re-assignment to a
position where this plan, the Civil Service Superannuation Plan, the Pension
Plan of Management Personnel or the Government and Public Employees
Retirement Plan would apply to him. |
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If he is not entitled to such re-assignment,
he may be a member of this plan if he applies therefor during the year
following the date on which he became such a member of staff and if the
Government adopts an order to that effect. The order takes effect on the
date on which he became such a member of staff. |
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1990, c. 87, s. 80.;2001, c. 31, s. 368.
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DIVISION III
ADMINISTRATION
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9.1. (Replaced). |
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1982, c. 33, s. 24.;1982, c. 51, s. 56.;1983,
c. 24, s. 2.
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10. The
Commission administrative des régimes de retraite et d'assurances is
responsible for the administration of the Teachers Pension Plan. |
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No person may claim to have a benefit,
advantage or reimbursement provided for by the plan if he has not applied
therefor to the Commission. |
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Even in the absence of an application for
payment, any benefit payable under this plan shall be paid on or before 31
December of the year in which the teacher attains 69 years of age or, where
he continues to hold pensionable employment under the plan on that date,
from the date on which he retires. |
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1973, c. 11, s. 11; 1973, c. 12, s. 190; 1977,
c. 23, s. 9.;1982, c. 51, s. 57.;1983, c. 24, s. 2.;1997, c. 50, s. 61.
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10.1. Where an application for redemption of years or parts of
a year is made to the Commission under this plan, the Commission shall send
to the teacher a redemption proposal valid for a period of 60 days from the
date it is made. |
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The application for redemption is deemed
never to have been made if the Commission does not receive from the teacher
before the 60-day period expires a notice to the effect that he accepts the
proposal. |
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In addition, the application is deemed
never to have been made if the lump sum payment of the cost of redemption is
not made before the 60-day period expires, where such a payment is exigible
owing to the choice made by the teacher or by operation of law. Where
payment is exigible by instalments and the teacher fails to make a payment,
the application for redemption is deemed never to have been made in respect
of service for which the payments have not been made if the teacher does not
make the payment which has become overdue within 30 days after the date of a
notice from the Commission to that effect. In that case, the most recent
service is credited first. However, in the case of sections 21, 76 and 76.1,
the application for redemption is deemed never to have been made in respect
of all the service, and the amounts paid by the teacher shall be refunded
without interest. |
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No interest is computed for the period
during which the redemption proposal provided for in the first paragraph is
valid. Where the Commission refuses the redemption of years or parts of
years and a contrary decision is made following a review or arbitration
based on the data contained in the record at the time of the refusal, no
interest is computed in respect of such years or parts of years between the
date of the refusal and the date on which the redemption proposal expires.
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1990, c. 87, s. 81.;1991, c. 77, s. 66.;1992,
c. 67, s. 57.;1993, c. 74, s. 16.;1994, c. 20, s. 24.;1997, c. 43, s. 633.
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10.1.1. Notwithstanding section 10.1, a teacher who makes an
application for review in the period during which the redemption proposal is
valid is not bound to accept it during that period, or to make payments,
until a final decision has been made on his application. After the decision
of the Comité de retraite or the Administrative Tribunal of Québec, as the
case may be, has been mailed, the Commission administrative des régimes de
retraite et d'assurances shall send a notice to the teacher which, as of the
date of the redemption proposal, repeats or modifies that proposal, and
section 10.1 applies. |
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Any unpaid amount in respect of the
redemption proposal bears interest, compounded annually and payable
according to the same terms and conditions as the redemption, from the date
of that proposal until the date of the Commission's notice. The rate is that
provided for in Schedule VI to the Act respecting the Government and Public
Employees Retirement Plan (chapter R-10) and in force on the date the
application for redemption is received, unless interest is otherwise payable
for that period by operation of law. |
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1993, c. 74, s. 17.;1997, c. 43, s. 851.
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10.2. No benefit resulting from the redemption under this plan
of years or parts of years prior to 1 January 1990 may exceed the defined
benefit limit applicable in respect of such years or parts of years under
the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th
Supplement). |
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For the purposes of the first paragraph,
the limit applicable to the pensionable salary for the purpose of
establishing the cost of redemption, the limit applicable to the service
that may be credited, and the rules and procedures for computing that part
of the pension which relates to the years or parts of years redeemed, may be
established by regulation. |
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1992, c. 67, s. 58.
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10.3. The periods of absence of a teacher occurring after 31
December 1991 which may be credited under this plan are, for each type of
absence and in total, determined by regulation. |
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1992, c. 67, s. 58.
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CHAPTER II
DETERMINATION OF THE PENSIONABLE SALARY AND YEARS OF SERVICE
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DIVISION I
PENSIONABLE SALARY
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11. The
pensionable salary of a teacher is the basic salary paid to him during a
calendar year, the salary to which he would have been entitled during a
period of absence to which salary insurance applies and, in the case of a
female teacher, the salary to which she would have been entitled if she had
not taken maternity leave. |
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Unless included by government regulation,
bonuses, allowances, compensations or other additional remuneration shall
not be included in the basic salary. |
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1965 (1st sess.), c. 68, s. 4; 1966-67, c. 64,
s. 3; 1970, c. 56, s. 4.;1973, c. 12, s. 191; 1974, c. 63, s. 4; 1977, c.
23, s. 10.;1982, c. 51, s. 58.;1983, c. 24, s. 2.;1988, c. 82, s. 62.;1991,
c. 77, s. 67.
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12. (Repealed).
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1965 (1st sess.), c. 68, s. 5; 1966-67, c. 64,
s. 4; 1970, c. 56, s. 5.;1973, c. 12, s. 192; 1977, c. 23, s. 11.;1979, c.
42, s. 8.;1980, c. 18, s. 12.;1982, c. 51, s. 59.;1983, c. 24, s. 2.;1985,
c. 18, s. 31.;1988, c. 82, s. 63.
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13. Notwithstanding
section 11, every lump sum paid as an increase or adjustment of the
pensionable salary for a previous year is part of the pensionable salary for
the year in which it is paid. |
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However, where the lump sum is paid in a
year during which no service is credited, it shall be included in the
pensionable salary of the last year during which service is credited to him
prior to payment of the lump sum. |
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Any part of the lump sum that is
attributable to an increase or adjustment of the salary paid to a pensioner
for any period during which he is not an employee for the purposes of this
plan, even if he holds pensionable employment, shall be excluded. |
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1965 (1st sess.), c. 68, s. 6; 1970, c. 56, s.
6; 1973, c. 12, s. 193.;1974, c. 63, s. 5.;1983, c. 24, s. 2.;1987, c. 47,
s. 91.;1987, c. 107, s. 212.;1988, c. 82, s. 64.;1990, c. 32, s. 27.
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13.1. The pensionable salary of a teacher who is released with
pay for union activities is the salary paid to him by his employer and the
salary, if any, paid to him by a body designated in Schedule II.1 of the Act
respecting the Government and Public Employees Retirement Plan (chapter
R-10). |
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The first paragraph applies from the date
on which the designation of the body in Schedule II.1 takes effect and the
body begins to pay contributory amounts as an employer and deducts the
contributions from the pensionable salary it pays to such a teacher. |
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1986, c. 44, s. 91.;1987, c. 47, s. 92.;1995,
c. 46, s. 23.
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14. The
pensionable salary of a teacher in any calendar year shall not be less than
the basic salary to which he is entitled in that year, determined in
accordance with the conditions of employment applicable to him and taking
into account the second paragraph of section 11, with the exception of any
lump sum paid subsequently as an increase or adjustment of the pensionable
salary for that year. |
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1973, c. 12, s. 193; 1977, c. 23, s. 12.;1982,
c. 51, s. 60.;1983, c. 24, s. 2.;1988, c. 82, s. 65.
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15. The
pensionable salary of a teacher who simultaneously holds more than one
pensionable employment in a year is the aggregate of the salary paid to him
for all such employments if the total service credited to him in respect of
such employments is equal to one year or less. |
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Maximum pensionable salary.
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If the total service credited in respect of
the pensionable employments of the teacher is reduced by the application of
section 17, the pensionable salary of the teacher shall not exceed the total
of the following amounts: |
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(1) the salary attached to the
employment held for a proportionately greater number of days in the year or,
if such employments were held for proportionately the same number of days,
the salary attached to the highest paid employment; and |
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(2) the amount by which the teacher's
pensionable salary attached to the employment to which subparagraph 1
applies exceeds the annual basic salary paid to him in respect of that
employment or that would have been paid to him pursuant to the conditions of
employment applicable on the last credited day of the year, multiplied by
the service credited to that teacher in the course of the year in respect of
that employment. |
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For the purposes of subparagraph 1 of the
second paragraph, the salary attached to an employment is the salary defined
in section 11, computed on a yearly basis and multiplied by the total
service credited. |
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For the purposes of the third paragraph of
section 35.0.1, the teacher is deemed to have held only one employment
during the year and his annual basic salary shall be the salary attached to
the employment to which subparagraph 1 of the second paragraph applies. |
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1977, c. 23, s. 13.;1983, c. 24, s. 2.;1987, c.
47, s. 93.;1988, c. 82, s. 66.;1991, c. 77, s. 68.;1995, c. 46, s. 24.
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15.1. Notwithstanding sections 11 to 15, the pensionable
salary of a teacher shall not exceed the salary required to arrive at the
defined benefit limit applicable for each year under the Income Tax Act (Revised
Statutes of Canada, 1985, chapter 1, 5th Supplement). |
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For the purposes of the first paragraph,
the pensionable salary of a teacher who, for his service in a calendar year,
is credited with less than one year of service is, without exceeding the
salary required to arrive at the limit referred to in the first paragraph,
equal to the amount obtained by carrying out, in order, the following
operations: |
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(1) dividing the salary referred to in
sections 11 to 15, reduced by the amount established in accordance with the
third paragraph of section 35.0.1, by the service credited; and |
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(2) adding to the result of that
operation the amount established in accordance with the third paragraph of
section 35.0.1. |
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For the purposes of the second paragraph,
the pensionable salary referred to in the third paragraph of section 35.0.1
does not take account of the limit provided for in the first paragraph. |
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1991, c. 77, s. 69.;1992, c. 67, s. 59.
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DIVISION II
YEARS OF SERVICE
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§ 1. — General provisions
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16. One
year of service or part of a year of service is credited to the teacher, for
each calendar year, for the service accomplished if the contributions have
been paid and not reimbursed, and for the service that is otherwise credited
to him under the provisions of the plan. The same applies to a teacher who
has at least 35 years of credited service, without his having to pay
contributions. |
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Service is credited according to the number
of days and parts of days for which the teacher contributed and was exempt
and the days and parts of days otherwise credited to him out of the number
of pensionable days in a year, that is 200 or 260, according to the basis of
remuneration. If, in the total number of days and parts of days there
remains part of a day that is less than 0.5, the fraction is disregarded or,
if the fraction is greater than or equal to 0.5, it is considered a full day.
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1977, c. 23, s. 13.;1983, c. 24, s. 2.;1991, c.
77, s. 70.;1997, c. 50, s. 62.
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Simultaneous employments.
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17. If
a teacher simultaneously holds more than one pensionable employment, the
service he accomplishes is credited up to one year of service. |
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However, no teacher may, in the year of his
retirement or in the year in which he becomes entitled to a deferred
pension, be credited with more service than the number of contributory days
comprised between 1 January and the date he ceased to participate in the
plan. |
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1965 (1st sess.), c. 68, s. 7; 1973, c. 12, s.
194; 1977, c. 23, s. 14.;1982, c. 51, s. 61.;1983, c. 24, s. 2.;1987, c. 47,
s. 94.;1988, c. 82, s. 67.
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18. The
days and parts of a day of a period during which a teacher receives salary
insurance benefits, or during which he would receive such benefits were it
not for the waiting period prescribed by the salary insurance plan or were
he not receiving a disability benefit under the Act respecting the Québec
Pension Plan (chapter R-9) or an income replacement indemnity under the Act
respecting industrial accidents and occupational diseases (chapter A-3.001),
the Automobile Insurance Act (chapter A-25), the Act to promote good
citizenship (chapter C-20), the Crime Victims Compensation Act (chapter I-6)
or under any other Act, other than an Act of Québec, having the same effect,
shall be credited, without contributions, up to three years of service. |
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Exemption from contributions.
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However, the limit of three years of
service prescribed in the first paragraph shall not apply in the case of a
compulsory salary insurance plan in force on 31 December 1989 which, on that
date, provides, in favour of certain groups of teachers covered by this
plan, benefits payable up to the age of 65 years or up to the age of
retirement providing the teacher belongs to one of those groups and the
group's participation in the salary insurance plan is maintained. |
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Contributions paid by the insurer.
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Notwithstanding the foregoing, if the
salary insurance plan so provides, the insurer shall pay the contributions
which would have been paid by the teacher, and they shall be credited to the
account of the teacher. |
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Income replacement indemnity.
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The days and parts of a day during which a
female teacher receives the income replacement indemnity provided for in
section 36 of the Act respecting occupational health and safety (chapter
S-2.1) by reason of the exercise of a right granted under sections 40, 41
and 46 of the said Act, are credited with exemption from contributions. |
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1973, c. 12, s. 195; 1977, c. 23, s. 15.;1982,
c. 51, s. 62.;1983, c. 24, s. 2.;1987, c. 47, s. 95.;1989, c. 76, s.
5.;1992, c. 16, s. 11.;2000, c. 32, s. 51.
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Participation maintained.
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18.1. A person referred to in the first paragraph of section
18 who, under the salary insurance plan provided for in the person's
conditions of employment, is entitled only to salary insurance benefits for
a maximum period of two years of service, shall continue to participate in
the plan, even if the person's employer has terminated the person's
employment, during the year following the last day of that two-year period,
if on that day the person is disabled within the meaning of the person's
salary insurance plan and if during that year the person does not hold
pensionable employment under the plan. |
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During that year, the service credited to
that person, without contributions, is the service that would have been
credited if the person had held employment and the person's pensionable
salary is the salary the person would have received. |
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However, the service credited to a person
who dies, resigns or retires during the year following the two-year period
provided for in the first paragraph shall be reduced by the period between
the date of the event and the end of that year. The service credited under
this section to a person who again holds pensionable employment during that
period shall be reduced by the period between the person's first day of
service in pensionable employment and the end of that year. |
| |
2000, c. 32, s. 52.
|
|
|
19. The
days and parts of a day of a maternity leave commencing after 31 December
1988 shall be credited to the teacher, without contributions, up to 130
contributory days. |
|
|
If the teacher holds more than one
pensionable employment in a year, the days and parts of a day of such a
leave shall be credited to her before any other service. |
| |
1965 (1st sess.), c. 68, s. 8; 1970, c. 56, s.
7; 1977, c. 23, s. 16.;1983, c. 24, s. 2.;1987, c. 47, s. 96.;1988, c. 82,
s. 68.
|
|
|
20. The
days and parts of days of absence which are totally compensated for out of
accumulated sick leave are credited to the teacher only if the contributions
are paid. This rule applies even in the cases provided for in sections 18,
19 and 76.2. Such days and parts of days are also credited to a teacher who
has at least 35 years of credited service, without his having to pay
contributions. |
| |
1977, c. 23, s. 17.;1982, c. 51, s. 63.;1983,
c. 24, s. 2.;1988, c. 82, s. 69.;1991, c. 77, s. 71.
|
|
|
21. The
days and parts of a day during which a teacher is on full-time or part-time
leave without pay for a period of not less than 28 consecutive days are
credited to the teacher who applies therefor if he |
| |
(1) was authorized to take the leave by
his employer; |
| |
(2) pays the contributions that would
have been withheld from the pensionable salary he would have received had he
not been on leave according, as the case may be, to the number of days or
parts of days comprised in the leave out of the number of contributory days
in a year, that is, 200 or 260, according to the basis of remuneration; |
| |
(3) holds pensionable employment under
this plan, the Civil Service Superannuation Plan, the Pension Plan of Peace
Officers in Correctional Services, the Government and Public Employees
Retirement Plan or the Pension Plan of Management Personnel, even if, in the
latter two cases, he is a member of the Pension Plan of Certain Teachers,
from the end of the last leave authorized by the employer in the case of a
full-time leave without pay or, in the case of a part-time leave without pay,
from the end of the authorized leave, unless he has died or become disabled
or eligible for retirement or unless, upon his return, he avails himself of
an agreement of transferability respecting this plan 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 that leave or, if such is the case, from the end of
the leave without pay immediately following the maternity leave. |
| |
1965 (1st sess.), c. 68, s. 9; 1977, c. 23, s.
18.;1982, c. 51, s. 64.;1983, c. 24, s. 2.;1985, c. 18, s. 32.;1986, c. 44,
s. 92.;1987, c. 107, s. 213.;1988, c. 82, s. 70.;1990, c. 87, s. 105.;1992,
c. 67, s. 60.;1997, c. 50, s. 63.;2001, c. 31, s. 369.
|
|
|
21.1. An officer who ceases to be a member of the Civil
Service Superannuation Plan and becomes a member of this plan may be
credited under this plan with all years or parts of years that could have
been credited under section 66.1 of the Act respecting the Civil Service
Superannuation Plan (chapter R-12) provided he satisfies the conditions
prescribed therein. |
| |
1992, c. 67, s. 61.
|
|
Application for redemption of leave without pay.
|
| |
|
22. If
the application to redeem a leave without pay authorized by the employer is
not received within six months following the return to work in the case of a
full-time leave without pay, or within six months after the end of the
authorized leave in the case of a part-time leave without pay, the amount
required to pay the cost of redemption is increased by interest at the rate
in force under the Act respecting the Government and Public Employees
Retirement Plan (chapter R-10) on the date of receipt of the application.
The interest is computed from the end of the sixth month following the
return to work or, in the case of a part-time leave without pay, from the
end of the sixth month after the end of the authorized leave, until the date
of receipt of the application, and is compounded annually. |
|
|
To pay the redemption cost of leave without
pay, a teacher may spread its payment over the period and payment dates
determined by the Commission. |
| |
1965 (1st sess.), c. 68, s. 10; 1966-67, c. 64,
s. 5; 1970, c. 56, s. 8.;1973, c. 12, s. 196.;1982, c. 51, s. 65.;1983, c.
24, s. 2.;1985, c. 18, s. 33.;1986, c. 44, s. 93.
|
|
Dismissal or resignation.
|
| |
|
23. The
years and parts of a year of teaching that have been recognized for purposes
of seniority under a collective agreement applicable between 1979 and 1985,
by reason of a dismissal or forced resignation because of marriage or
maternity, to a female teacher who is a member of the teaching staff or the
professional staff of a school board, may be credited. |
|
Repayment of contributions.
|
| |
|
To have such years and parts of a year
credited, the teacher shall pay an amount equal to the contributions
reimbursed to her with interest at 5 %, compounded annually, for the period
included between the date of the reimbursement and 30 June 1973 and with
interest, compounded annually, at the rate determined for each period by the
Act respecting the Government and Public Employees Retirement Plan (chapter
R-10), for the period included between 1 July 1973 and the date of receipt
of the application. |
|
|
The amount determined under the second
paragraph is payable in a lump sum or by instalments spread over the period
and payable at the times determined by the Commission. If it is paid by
instalments, it bears interest, compounded annually, at the rate in force
under the Act respecting the Government and Public Employees Retirement Plan
on the date on which the application is received, computed from the date on
which the redemption proposal made by the Commission expires. |
| |
1970, c. 56, s. 9; 1973, c. 12, s. 197; 1974,
c. 63, s. 6.;1977, c. 23, s. 19.;1982, c. 51, s. 66.;1983, c. 24, s.
2.;1985, c. 18, s. 34.;1990, c. 87, s. 82.
|
|
Dismissal or resignation.
|
| |
|
23.1. Section 23 applies to a female teacher of a school board
who is a member of the supervisory personnel if she was dismissed or forced
to resign by reason of marriage or maternity pursuant to a by-law or written
policy of the school board where the teacher holds a position contemplated
in this plan. |
| |
1985, c. 18, s. 34.
|
| |
§ 2. — Special provisions
|
|
|
24. Every
teacher may have years and parts of a year of service credited to him under
the Civil Service Superannuation Plan if his contributions have not been
reimbursed to him and if he is not a pensioner under that plan. |
|
|
Notwithstanding the fact that no
application to that effect has been made by the teacher, the years and parts
of a year of service shall be credited to him upon computation of any
pension unless he gives written notice to the contrary before the pension is
paid. However, where an application is made for the statement referred to in
section 72.1, the Commission shall assess the benefits accumulated under
this plan and, where applicable, shall pay the sums awarded to the spouse
taking into account such years and parts of a year of service. |
| |
1965 (1st sess.), c. 68, s. 11; 1970, c. 56, s.
10; 1977, c. 23, s. 20.;1982, c. 51, s. 67.;1983, c. 24, s. 2.;1990, c. 32,
s. 28.
|
|
Former Member of National Assembly.
|
| |
|
25. Every
teacher is entitled to be credited for pension purposes with the years and
parts of a year during which he contributed to a pension plan which applied
before 1 January 1992 to a Member of the National Assembly and in respect of
which he obtained a refund of his contributions, except if he has already
exercised a right of redemption in respect of such years and parts of a year
under a pension plan other than this plan. |
|
|
The teacher shall pay to the Commission,
for each of such years and parts of a year, an amount equal to the amount
obtained by applying the rate of contribution applicable under the plan at
the time the plan becomes applicable to him to the indemnity he received as
a Member or to the pensionable salary he receives or would have been
entitled to receive in the school year at the time the plan becomes
applicable to him, whichever is less. |
|
|
A teacher who ceased to be a Member before
1 January 1958 may apply to have his years as a Member credited by paying an
amount equal to 5 % of the indemnity he received during each of such years.
|
|
|
The pension is based solely on the salary
that he receives while participating in this plan. |
| |
1965 (1st sess.), c. 68, s. 12; 1970, c. 56, s.
11.;1982, c. 51, s. 68.;1983, c. 24, s. 2.;1988, c. 82, s. 71.;1992, c. 16,
s. 12.;1993, c. 41, s. 32.
|
|
|
26. A
teacher shall make cash payment of the amount required for the redemption of
years during which he was a Member. |
|
|
However, where he redeems two years of
service or more, he may pay by instalments; in that case, the amount to be
paid by him shall bear interest from the date on which the redemption
proposal made by the Commission expires, at the rate of 5 %, compounded
annually, and may be apportioned in equal and consecutive annual instalments
over a period not exceeding five years. |
| |
1966-67, c. 64, s. 6; 1970, c. 56, s. 12; 1974,
c. 63, s. 7.;1983, c. 24, s. 2.;1990, c. 87, s. 83.
|
|
|
27. A
teacher who teaches for a period of five years or less under an authority
with which no agreement respecting this plan has been made under the Act
respecting the Government and Public Employees Retirement Plan (chapter
R-10) may, if he applies therefor before the end of the teaching period, be
credited with all or part of the years of teaching included in that period,
provided |
| |
(1) he pays, over the period and at the
payment dates determined by the Commission, double the contributions
provided for in the plan; |
| |
(2) he holds pensionable employment
under this plan from the end of the period, unless he has died or become
disabled or eligible for retirement, or unless, upon his return, he avails
himself of any agreement of transferability respecting this plan entered
into under section 158 of the Act respecting the Government and Public
Employees Retirement Plan. |
| |
1965 (1st sess.), c. 68, s. 13; 1966-67, c. 64,
s. 7; 1970, c. 56, s. 13.;1983, c. 24, s. 2.;1987, c. 107, s. 214.
|
|
|
27.1. The years and parts of a year of service credited to a
teacher under the Pension Plan of Peace Officers in Correctional Services
shall, if his contributions have not been refunded, be credited under this
plan on an actuarially equivalent basis established on the date the teacher
contemplated in section 5 resumes payment of his contributions to this plan.
These years and parts of a year of service shall thus be credited, beginning
with the latest service, until the actuarial value of the benefits
determined in respect of those years and parts of a year of service under
this plan reaches the actuarial value of the benefits accrued under the
Pension Plan of Peace Officers in Correctional Services, without, however,
exceeding the service credited to the teacher under the said plan. |
|
|
The actuarial values of the benefits shall
be established according to the actuarial assumptions and methods determined
by regulation, which may vary according to the pension plans concerned. |
| |
1987, c. 107, s. 215.;1990, c. 87, s. 105.
|
|
|
27.2. A teacher may be credited with all or part of the years
and parts of a year of service not credited under this plan owing to the
application of section 27.1 by paying to the Commission the difference
between the actuarial values of the benefits resulting from those years and
parts of a year of service. The amount to be paid by the teacher shall bear
interest, compounded annually, at the rates determined, for each period,
under the Act respecting the Government and Public Employees Retirement Plan
(chapter R-10) and running from the date on which the actuarial values are
established to the date of the redemption proposal made by the Commission.
|
|
|
The amount determined under the first
paragraph is payable in a lump sum or by instalments spread over the period
and payable at the times determined by the Commission. If it is paid by
instalments, it bears interest, compounded annually, at the rate in force
under the Act respecting the Government and Public Employees Retirement Plan
on the date on which the application is received, computed from the date on
which the redemption proposal expires. |
| |
1987, c. 107, s. 215.;1990, c. 87, s. 84.
|
|
|
27.3. The Commission shall refund to a teacher whose years and
parts of a year of service credited under this plan have been transferred to
another pension plan on an actuarially equivalent basis the amount, if any,
by which the total amount of contributions accumulated pursuant to sections
58 and 59 exceeds the actuarial value of the benefits accrued to him under
that other pension plan. |
| |
1987, c. 107, s. 215.
|
|
|
28. Every
teacher has a right to be credited with the years of service, except those
for which his contributions have been reimbursed to him, that he had a
right, on 1 July 1965, to be credited with for pension purposes under Part
VIII of the Education Act (Revised Statutes of Québec, 1964, chapter 235),
on the conditions prescribed therein. |
|
Service, remuneration and deductions.
|
| |
|
The duration of service, the remuneration
and the amount of the deductions in respect of the years of service are
determined in accordance with Part VIII of the Education Act. |
| |
1970, c. 56, s. 14; 1974, c. 63, s. 8.;1983, c.
24, s. 2.
|
| |
CHAPTER II.1
SPECIAL PROVISIONS
|
| |
|
| |
DIVISION I
MATERNITY LEAVE
|
|
|
28.1. Every female teacher who was granted a maternity leave
while she was a member of the pension fund of officers of education
established by Part VIII of the Education Act (Revised Statutes of Québec,
1964, chapter 235) or while she was a teacher within the meaning of this
Plan may be credited, without contributions and up to 90 contributory days,
with the days of a maternity leave which was in progress on 1 July 1965 or
which began after that date but ended before 1 July 1976, provided the
90-day period allows the teacher to complete 95 % or more of the school year
in which she was granted the maternity leave. |
|
|
Every female teacher who was granted a
maternity leave may be credited, without contributions and up to 120
contributory days, with the days of the maternity leave which was in
progress on 1 July 1976 or which began after that date but ended before 1
July 1983. |
|
|
To be credited with the days of the
maternity leave, the teacher referred to in the first or second paragraph is
required to have contributed to the pension fund of officers of education
established by Part VIII of the Education Act, to the Civil Service
Superannuation Plan or to this plan, as the case may be, during the 12
months preceding the beginning of the maternity leave and to have
contributed again to this plan or to the Civil Service Superannuation Plan
during the two years following the year in which the maternity leave ended
even if, in the latter case, the teacher referred to in the first paragraph
was not a teacher within the meaning of this plan at the time she again
contributed. |
|
|
Any contributions paid by the teacher to
redeem the maternity leave pursuant to the provisions relating to the
redemption of leave without pay, are reimbursed without interest. However,
if the redeemed period, in respect of a maternity leave which ended before 1
July 1976 exceeds 100 days, the maternity leave cannot be credited without
contributions and the contributions paid by the teacher cannot be
reimbursed. If the redeemed period, in respect of a maternity leave which
was in progress on 1 July 1976, or which began after that date, exceeds the
period credited pursuant to this section, the balance of the redeemed period
remains credited to the account of the teacher even if it is less than 30
days. |
| |
1987, c. 47, s. 97.;1990, c. 87, s. 85.;1991,
c. 14, s. 32.
|
|
|
28.2. That part of the pension attributable to service
credited pursuant to section 28.1, if the service is credited for a year
credited to the teacher pursuant to section 28.3, only to the extent that
the service is necessary to make up the maximum of 35 years of service, is
increased annually, at the time prescribed under section 119 of the Act
respecting the Québec Pension Plan (chapter R-9), by the excess of the rate
of increase in the Pension Index determined under that Act over 3%. Section
64 applies to the increase. In all other cases, sections 63 and 64 apply.
|
| |
1987, c. 47, s. 97.
|
| |
DIVISION II
YEARS REIMBURSED BY REASON OF MARRIAGE, PREGNANCY OR ADOPTION
|
|
Marriage, pregnancy or adoption.
|
| |
|
28.3. Any teacher who while she was a member of the pension
fund of officers of education established by Part VIII of the Education Act
(Revised Statutes of Québec, 1964, chapter 235) or while she was a teacher
within the meaning of this plan ceased to participate in her pension plan by
reason of marriage, pregnancy or adoption if, in the last case, the adoption
was subsequently recognized for legal purposes by a judgment, may be
credited with all or part of her years of teaching prior to 1 January 1968
for which she obtained a reimbursement of contributions, if the marriage,
pregnancy or adoption occurred in the 12 months preceding or in the 24
months following the date on which she ceased to participate in her pension
plan. |
|
|
To be credited with such years and parts of
a year, the teacher must pay the sum of $1 000 per year. |
|
|
The amount required for such years and
parts of a year to be credited is payable either in a lump sum or by
instalments spread over the period and payable at the times determined by
the Commission. If it is paid by instalments, it bears interest, compounded
annually, at the rate in force under the Act respecting the Government and
Public Employees Retirement Plan (chapter R-10) on the date on which the
application is received, computed from the date on which the redemption
proposal made by the Commission expires. |
| |
1987, c. 47, s. 97.;1987, c. 107, s. 216.;1988,
c. 82, s. 72.;1990, c. 87, s. 86.
|
|
|
28.4. The sum of $1 000 contemplated in the second paragraph
of section 28.3 shall be adjusted, on 31 December of each year, at the
interest rate established pursuant to section 217 of the Act respecting the
Government and Public Employees Retirement Plan (chapter R-10) and in force
on that date. |
| |
1987, c. 47, s. 97.
|
|
|
28.5. The part of the pension attributable to service credited
pursuant to section 28.3, only to the extent that the service is necessary
to make up the maximum of 35 years of service, is increased annually, at the
time prescribed under section 119 of the Act respecting the Québec Pension
Plan (chapter R-9), by the excess of the rate of increase in the Pension
Index determined under that Act over 3%. Section 64 applies to the increase.
|
| |
1987, c. 47, s. 97.
|
| |
DIVISION II.1
PROGRESSIVE RETIREMENT
|
|
Reduction of working time.
|
| |
|
28.5.1. This division applies to every teacher, except a
casual teacher, who has not already availed himself of it and who, within
the scope of an agreement with his employer, agrees to a reduction of his
working time for a period of one to five years, providing he retires at the
end of that period. However, his working time may not be less than 40 % of
the regular service of a full-time teacher in such employment. |
|
|
Before he may avail himself of this
division, the teacher shall ascertain from the Commission that he is likely
to be eligible for a pension on the date proposed for the end of the
agreement. For this purpose, the Commission shall estimate the years or
parts of a year of service credited to the teacher at the end of the
agreement. Any change to the date fixed for the beginning or the end of the
agreement must be accepted by the Commission before being made. |
|
|
However, if at the end of the agreement the
number of years or parts of a year of service credited to the teacher is
less than the number estimated by the Commission, or if at the end of the
agreement the teacher is not eligible for his pension, or if the agreement
is suspended due to circumstances determined by regulation, the agreement is
extended, even where this causes the period to exceed five years, until the
date on which the number of years or parts of a year of service credited to
the teacher is equal to the estimate made by the Commission in the first
case and, in the other cases, until the date on which the teacher becomes
eligible for his pension. |
| |
1990, c. 32, s. 29.;1991, c. 77, s. 72.;1995,
c. 70, s. 45.
|
|
|
28.5.2. The employer shall make a deduction from the salary
paid to the teacher equal to the deduction he would have made if the teacher
had not availed himself of this division. |
|
Salary insurance exemption.
|
| |
|
If the teacher is eligible for salary
insurance benefits, the exemption from contributions provided for in section
18 is the exemption to which he would have been entitled if he had not
availed himself of this division. |
| |
1990, c. 32, s. 29.
|
|
|
28.5.3. For the purposes of this plan and Title IV of the Act
respecting the Government and Public Employees Retirement Plan (chapter
R-10), the pensionable salary for the years or parts of a year covered by
the agreement is the salary the teacher would have received or, for a period
in respect of which salary insurance benefits apply, the salary which he
would have been entitled to receive if he had not availed himself of this
division. The service credited is the service that would have been credited
to the teacher if he had not availed himself of this division. |
| |
1990, c. 32, s. 29.
|
|
Termination of agreement.
|
| |
|
28.5.4. If the agreement becomes null or terminates due to
circumstances which, in each case, are determined by regulation, the
pensionable salary, the service credited and the contributions are
determined, for each circumstance, in the manner prescribed by regulation.
|
|
|
The regulation may prescribe the terms and
conditions on which a teacher may be credited with service not recognized by
reason of any such circumstance. |
| |
1990, c. 32, s. 29.
|
|
|
28.5.5. The regulations under this division may have effect 12
months or less before they are adopted. |
| |
1991, c. 77, s. 73.
|
| |
DIVISION II.2
REDEMPTION OF A PAID TRAINING PERIOD
|
|
|
28.5.6. A teacher is entitled to pension credit, computed in
relation to the years or parts of a year of past service as a paid trainee,
by counting such years or parts of a year under the plan. |
|
|
The categories or subcategories of
employees and the rules, terms and conditions applicable to have years or
parts of a year of past service as a paid trainee counted, the years or
parts of a year of service which may be counted and their number, which may
vary according to the category and subcategory of employees, shall be
determined by regulation made under subparagraph 11.3 of the first paragraph
of section 134 of the Act respecting the Government and Public Employees
Retirement Plan (chapter R-10). |
| |
2000, c. 32, s. 53.
|
|
|
28.5.7. The years and parts of a year of service for which
pension credit is granted under this division shall be added, solely for the
purposes of eligibility for a pension, to the years of service credited to a
teacher under section 16. |
| |
2000, c. 32, s. 53.
|
|
|
28.5.8. Sections 88, 90 to 93, the second paragraph of section
95 and sections 96 and 97 of the Act respecting the Government and Public
Employees Retirement Plan (chapter R-10) shall apply to the pension credit
obtained under section 28.5.6, with the necessary modifications. |
| |
2000, c. 32, s. 53.
|
|
|
28.5.9. The amount that a teacher must pay to be entitled to
pension credit shall be determined according to the tariff of premiums
appearing in Schedule IV to the Act respecting the Government and Public
Employees Retirement Plan (chapter R-10). |
|
|
The amounts paid by a teacher to acquire
pension credit shall be paid into the consolidated revenue fund. |
| |
2000, c. 32, s. 53.
|
|
|
28.5.10. The years and parts of a year of service for which
pension credit is granted shall be added to the years of service credited to
the teacher to determine, in case of death, the right of the spouse to a
pension even if the teacher died before completing all the payments computed
in accordance with section 96 of the Act respecting the Government and
Public Employees Retirement Plan (chapter R-10). |
| |
2000, c. 32, s. 53.
|
|
|
28.5.11. Sections 73.1 to 73.7 of the Act respecting the
Government and Public Employees Retirement Plan (chapter R-10) shall apply,
with the necessary modifications, to a teacher who has acquired pension
credit under this division. Any reference to a provision of that Act is a
reference to the corresponding provision of this Act. |
| |
2000, c. 32, s. 53.
|
|
|
28.5.12. The pension credit granted under this division to a
teacher who, as a result of the application of section 215.0.0.1.1 of the
Act respecting the Government and Public Employees Retirement Plan (chapter
R-10) as it read on 31 December 2000, is a member of the Pension Plan of
Management Personnel shall be paid under this Act. |
|
|
For the purposes of this division, the
teacher referred to in the first paragraph is deemed to retire on the date
he or she retires under the Pension Plan of Management Personnel and the
teacher's application for a pension filed under that plan is deemed to be an
application for the payment of pension credit. |
|
|
Sections 28.5.11, 61, 67 to 72 and 72.1 to
72.7 do not apply to the teacher. Sections 59.2 to 59.5 of the Act
respecting the Government and Public Employees Retirement Plan apply, with
the necessary modifications. |
| |
2001, c. 31, s. 370.
|
| |
DIVISION III
ACTUARIAL VALUATIONS AND FUNDING
|
|
|
28.6. The actuarial value of the benefits resulting from the
measures provided in this chapter, Divisions I and II of Chapter V.1 of
Title I of the Act respecting the Government and Public Employees Retirement
Plan (chapter R-10), subdivisions 1 and 2 of Division II.1 of the Civil
Service Superannuation Plan (chapter R-12) and sections 32 and 33 of the Act
respecting the Pension Plan of Peace Officers in Correctional Services
(chapter R-9.2) shall be funded by the difference between |
| |
(1) the amount of the contributions
paid by the teachers and the contributory amounts paid by the employers for
the period comprised between 31 December 1986 and 1 January 1990; and |
| |
(2) the amount of the contributions
that would have been paid, for the same period, by the teachers and the
contributory amounts that would have been paid by the employers on the basis
of the result of the actuarial valuation of this plan as of 31 December 1984
if the Government had revised the rate of contribution from 1 January 1987
in accordance with section 177 of the Act respecting the Government and
Public Employees Retirement Plan. |
|
|
However, the first paragraph does not apply
to the actuarial value of benefits resulting from the measures provided in
the second paragraph of section 32 of the Act respecting the Pension Plan of
Peace Officers in Correctional Services, in the second paragraph of section
85.1 of the Act respecting the Government and Public Employees Retirement
Plan and in the second paragraph of section 99.5 of the Act respecting the
Civil Service Superannuation Plan if those measures apply to a person who
was not a teacher within the meaning of this Act when she was granted a
maternity leave referred to in those paragraphs. |
|
|
In addition, the measures are funded, also,
by the sums paid by the teacher, employee or officer under Division II of
this chapter, Division II of Chapter V.1 of Title I of the Act respecting
the Government and Public Employees Retirement Plan, subdivision 2 of
Division II.1 of the Act respecting the Civil Service Superannuation Plan or
section 33 of the Act respecting the Pension Plan of Peace Officers in
Correctional Services. |
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1987, c. 47, s. 97.;1987, c. 107, s. 217.;1990,
c. 87, s. 105.;1991, c. 14, s. 33.
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28.7. The actuarial value of the benefits referred to in
section 28.6 and the sums intended for their funding must be taken into
account for the purposes of the actuarial valuations of this plan prepared
pursuant to section 174 of the Act respecting the Government and Public
Employees Retirement Plan (chapter R-10). The years and parts of a year
giving entitlement to those benefits are, for the purposes of the
valuations, deemed to be credited after 30 June 1982. |
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Additional actuarial valuation.
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The Commission shall cause an additional
actuarial valuation, as of 31 December 1987, to be prepared by the actuaries
designated by it, which shall not take into account the actuarial value of
the benefits referred to in the first paragraph or the sums intended for the
funding of such benefits. |
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1987, c. 47, s. 97.;1992, c. 39, s. 38.
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CHAPTER III
CONTRIBUTIONS AND CONTRIBUTORY AMOUNTS
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DIVISION I
CONTRIBUTIONS
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