Updated to 29 April 2002



Chapter R-11


AN ACT RESPECTING THE TEACHERS PENSION PLAN

   
  CHAPTER I
APPLICATION AND ADMINISTRATION
 
   
  DIVISION I
GENERAL PROVISIONS
 
Teachers appointed before 1973.
 
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.
School year, 1964-65.
 
    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.
  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.
 
Applicability.
 
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.
  1973, c. 12, s. 187; 1977, c. 23, s. 2.;1983, c. 24, s. 2.
 
Teacher.
 
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.
Salary insurance.
 
    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.
  1987, c. 47, s. 86.;1988, c. 82, s. 58.;1995, c. 70, s. 44.
 
Participation.
 
2.2.    For the purposes of the plan, a teacher shall participate in a plan from his first day of service in pensionable employment.
Eligibility and computation.
 
    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,
      (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;
      (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.
  1988, c. 82, s. 59.;2000, c. 32, s. 50.
 
Exceptions.
 
3.    This plan does not apply to a teacher who
      (1)     is a Member of the National Assembly;
      (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;
      (3)     is an employee covered by the Pension Plan of Peace Officers in Correctional Services;
      (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.
  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.
 
  3.1.    (Replaced).
  1982, c. 51, s. 50.;1983, c. 24, s. 2.
 
69 years of age.
 
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.
  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.
 
  DIVISION II
SPECIAL PROVISIONS
 
Re-employment.
 
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.
Teacher on leave without pay.
 
    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.
Teacher placed on reserve.
 
    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.
  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.
 
Election.
 
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.
Notice.
 
    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.
  1992, c. 16, s. 10.;2001, c. 31, s. 367.
 
  5.1.    (Replaced).
  1982, c. 51, s. 51.;1983, c. 24, s. 2.
 
Surplus of personnel.
 
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.
Application.
 
    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.
  1974, c. 63, s. 3.;1983, c. 24, s. 2.
 
School year.
 
7.    The school year, for the purposes of the plan, is
      (1)     in the case of a school board, the period included between 1 July of one year and 30 June of the next year;
      (2)     in all other cases, the period of twelve months generally recognized by the body in the contract of employment.
  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.
 
University position.
 
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.
  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.
 
  8.1.    (Replaced).
  1982, c. 51, s. 54.;1983, c. 24, s. 2.
 
  8.2.    (Replaced).
  1982, c. 51, s. 54.;1983, c. 24, s. 2.
 
Member of staff of Lieutenant-Governor.
 
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.
  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.
 
Member of staff of minister.
 
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.
Order.
 
    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.
  1990, c. 87, s. 80.;2001, c. 31, s. 368.
 
  DIVISION III
ADMINISTRATION
 
  9.1.    (Replaced).
  1982, c. 33, s. 24.;1982, c. 51, s. 56.;1983, c. 24, s. 2.
 
Administration
 
10.    The Commission administrative des régimes de retraite et d'assurances is responsible for the administration of the Teachers Pension Plan.
Application.
 
    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.
Benefit payable.
 
    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.
  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.
 
Redemption proposal.
 
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.
Presumption.
 
    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.
Presumption.
 
    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.
Interest.
 
    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.
  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.
 
Final decision.
 
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.
Interest.
 
    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.
  1993, c. 74, s. 17.;1997, c. 43, s. 851.
 
Maximum benefits.
 
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).
Limits.
 
    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.
  1992, c. 67, s. 58.
 
Periods of absence.
 
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.
  1992, c. 67, s. 58.
 
  CHAPTER II
DETERMINATION OF THE PENSIONABLE SALARY AND YEARS OF SERVICE
 
   
  DIVISION I
PENSIONABLE SALARY
 
Pensionable salary.
 
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.
Basic salary.
 
    Unless included by government regulation, bonuses, allowances, compensations or other additional remuneration shall not be included in the basic salary.
  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.
 
  12.    (Repealed).
  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.
 
Lump sums.
 
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.
Lump sum.
 
    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.
Restriction.
 
    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.
  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.
 
Union activities.
 
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).
Application.
 
    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.
  1986, c. 44, s. 91.;1987, c. 47, s. 92.;1995, c. 46, s. 23.
 
Pensionable salary.
 
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.
  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.
 
Simultaneous positions.
 
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.
Maximum pensionable salary.
 
    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:
      (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
      (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.
Computation.
 
    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.
Presumption.
 
    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.
  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.
 
Defined benefit limit.
 
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).
Pensionable salary.
 
    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:
      (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
      (2)     adding to the result of that operation the amount established in accordance with the third paragraph of section 35.0.1.
Pensionable salary.
 
    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.
  1991, c. 77, s. 69.;1992, c. 67, s. 59.
 
  DIVISION II
YEARS OF SERVICE
 
   
  § 1. — General provisions
 
Credited service.
 
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.
Credited service.
 
    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.
  1977, c. 23, s. 13.;1983, c. 24, s. 2.;1991, c. 77, s. 70.;1997, c. 50, s. 62.
 
Simultaneous employments.
 
17.    If a teacher simultaneously holds more than one pensionable employment, the service he accomplishes is credited up to one year of service.
Restriction.
 
    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.
  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.
 
Salary insurance.
 
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.
Exemption from contributions.
 
    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.
Contributions paid by the insurer.
 
    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.
Income replacement indemnity.
 
    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.
  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.
 
Participation maintained.
 
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.
Credited service.
 
    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.
Reduction.
 
    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.
 
Maternity leave.
 
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.
Days credited.
 
    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.
 
Days of absence.
 
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.
 
Leave without pay.
 
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.
 
Member.
 
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.
Redemption cost.
 
    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.
Payment and interest.
 
    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
 
Credited service.
 
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.
Credited service.
 
    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.
Payment.
 
    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.
Credited service.
 
    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.
Basis for pension.
 
    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.
 
Cash payment.
 
26.    A teacher shall make cash payment of the amount required for the redemption of years during which he was a Member.
Interest on instalments.
 
    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.
 
Absence of agreement.
 
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.
 
Service credited.
 
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.
Actuarial values.
 
    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.
 
Service credited.
 
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.
Payment and interest.
 
    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.
 
Refund.
 
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.
 
Credited service.
 
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
 
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.
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.
Requirements.
 
    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.
Redemption.
 
    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.
 
Annual increase.
 
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.
Requirement.
 
    To be credited with such years and parts of a year, the teacher must pay the sum of $1 000 per year.
Payment and interest.
 
    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.
 
Adjustment.
 
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.
 
Annual increase.
 
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.
Eligibility.
 
    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.
Extension of agreement.
 
    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.
 
Deduction.
 
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.
 
Pensionable salary.
 
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.
Unrecognized service.
 
    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.
 
Effect of regulations.
 
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
 
Pension credit.
 
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.
Regulation.
 
    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.
 
Credited service.
 
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.
 
Provisions applicable.
 
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.
 
Determination of amount.
 
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).
Payment.
 
    The amounts paid by a teacher to acquire pension credit shall be paid into the consolidated revenue fund.
  2000, c. 32, s. 53.
 
Added service.
 
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.
 
Provisions applicable.
 
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.
 
Pension credit.
 
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.
Retirement.
 
    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.
Applicability.
 
    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
 
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.
Applicability.
 
    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.
Funding.
 
    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.
  1987, c. 47, s. 97.;1987, c. 107, s. 217.;1990, c. 87, s. 105.;1991, c. 14, s. 33.
 
Actuarial value.
 
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.
Additional actuarial valuation.
 
    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.
  1987, c. 47, s. 97.;1992, c. 39, s. 38.
 
  CHAPTER III
CONTRIBUTIONS AND CONTRIBUTORY AMOUNTS
 
   
  DIVISION I
CONTRIBUTIONS