Partition of Employment Earnings Recorded Under the Québec Pension Plan

Régie Des Rentes Du Québec

Informations

• Publié par: Thawyag
• Nombre de lectures: 20
• Langue: English

Extrait

Visit our Web site to find out which It’s all online!pensionable employment earnings are
The information in this document is also available eligible under the Québec Pension Plan. How to reach us
on our Web site. There you can find up-to-date
information and amounts. By Internet
A decision rendered by the Régie
Use our online services:may be reviewed Partition
Statement of Participation If you would like to provide new or additional By telephone
in the Québec Pension Plan; information, call us. of Employment EarningsQuébec region: 418 643-5185
You can also ask the Régie to review its decision CompuPension Montréal region: 514 873-2433
recorded under the Québec Pension Plana tool for simulating retirement income;concerning partition. However, you must file your Toll free: 1 800 463-5185
application for review within 90 days of the date of
SimulR, a simplified retirement income the decision sent by the Régie. You can obtain the By TTYsimulator tool;
Application for Review of a Decision form on our Web
Service for the hearing impaired
site or by calling the Régie. You must provide any Application for a Retirement Pension;
Toll-free: 1 800 603-3540documents in support of your application for review.
Application for Survivors’ Benefits;
If the Régie has not rendered a decision within 90 days
after receiving your application for review (or 180 days Forms and publications.
if the Régie had to ask for additional information),
This publication is also available in alternate formats you can lodge an appeal with the Administrative
by calling 1 800 463-5185.Tribunal of Québec without waiting for the Régie’s
review decision. Version originale française disponible sur demande.Sign up for our Liaison RRQ
© Régie des rentes du Québec, 2011e-notification service… It’s free!
You will receive the Régie’s new
decision
Following your application for review, the Régie will
inform you in writing of its new decision. If you do
not agree with this decision, you have 60 days to
appeal against it before the Administrative Tribunal
of Québec.
039-RRQ-2011 04-AWho is subject to partition? Have spouses who renounced Can partition be cancelled?Partition of Employment
partition of family patrimony also Earnings Recorded Under Married spouses or spouses in a civil union Married spouses or spouses in a civil unionrenounced partition of employment
the Québec Pension Plan earnings recorded under the Québec When the former spouses have obtained a judgment In general, once partition has been carried out, the
or a notarized joint declaration of dissolution of civil employment earnings that were partitioned for a Pension Plan?
The Québec Pension Plan provides for retirement, union, the earnings recorded under the Plan for the given period cannot be changed.
No. Spouses who renounced partition of family disability and survivors’ benefits where workers period of their marriage or civil union are partitioned,
However, the former spouse whose earnings recorded patrimony before 1 January 1991 have not, as a have sufficiently contributed to the Plan. Benefit unless the former spouses specifically renounced
under the Québec Pension Plan or Canada Pension Plan result of that renunciation, renounced partition of amounts are calculated based on the employment partition in the judgment or notarized joint declaration.
were increased as a result of partition can decide to employment earnings recorded under the Québec earnings recorded under the Plan.
If they lived together as de facto (common law) renounce it. To do so, he or she has one year following Pension Plan. In order to renounce partition of
spouses before their marriage or civil union, partition the effective date of the judgment or notarized joint nings, former spouses must speci-
of the former spouses’ earnings can also be carried declaration. The renunciation must be made by means fically renounce it in the notarized joint declaration
out for that period. In order for the de facto union of a notarial deed registered in Québec.How are the earnings recorded or in the judgment granting a divorce, legal separa-
to be considered, a joint application must be made, tion, civil annulment of marriage or a dissolution or under the Plan partitioned? In addition, it is possible to file an application with
unless the judgment or notarized joint declaration annulment of civil union. the Superior Court asking it to rule on any question
already provides for partition for that period. The When there is a breakdown in a couple’s union, the relating to partition of family patrimony, including
former spouses have three years from the date on employment earnings recorded under the Québec What happens if the former spouses partition of earnings recorded under the Québec
which the judgment or notarized joint declaration Pension Plan under the names of both former spouses remarry, die or resume living together? Pension Plan. The Court will decide whether the
takes effect to file an application.are added together and divided equally for each year circumstances justify filing such an application.
subject to partition. The partitioned employment Normally, once partition has been carried out, neither
De facto spousesearnings are not paid to the former spouses. Rather, the remarriage, a new civil union, death, nor living together De facto spouses
earnings will be used to calculate the amount of their again can cancel partition. The employment earnings that Partition of employment earnings can be carried
Former de facto pensions once the former spouses become entitled were partitioned for a given period cannot be changed.out for the years of the former de facto spouses’
spouses can to them. The new earnings can give entitlement to a union. To be entitled to partition, they must meet the
withdraw their Important! If the judgment provides for partition retirement pension, a disability pension or survivors’ following conditions:
application for under a supplemental pension plan (also called a benefits and can also affect the amount of any pensions
partition. It must be Before filing an application for partition, they must “pension fund” or private pension plan), partition will already being paid. If one of the former spouses is
have been separated for at least 12 months. done jointly within not be carried out automatically as in the case of the already receiving a pension when partition is carried
90 days following They must have lived in a conjugal relationship Québec Pension Plan. The plan member or the former out, the pension amount could increase or decrease.
the notice of for at least 3 years, or for at least one year if they spouse must file an application with the administrator
had or adopted a child. partition.of the pension plan. The administrator’s contact
At the time of separation, the former spouses information can be found on the statement that is
must not have been married to, or in a civil union periodically sent to plan members or by contacting
with, another person. the employer. The administrator’s address can also
They must file a joint application within four years be found in the Régie’s online service: Pension Plans
of the separation. Supervised by the Régie (www.rrq.gouv.qc.ca).Who is subject to partition? Have spouses who renounced Can partition be cancelled?Partition of Employment
partition of family patrimony also Earnings Recorded Under Married spouses or spouses in a civil union Married spouses or spouses in a civil unionrenounced partition of employment
the Québec Pension Plan earnings recorded under the Québec When the former spouses have obtained a judgment In general, once partition has been carried out, the
or a notarized joint declaration of dissolution of civil employment earnings that were partitioned for a Pension Plan?
The Québec Pension Plan provides for retirement, union, the earnings recorded under the Plan for the given period cannot be changed.
No. Spouses who renounced partition of family disability and survivors’ benefits where workers period of their marriage or civil union are partitioned,
However, the former spouse whose earnings recorded patrimony before 1 January 1991 have not, as a have sufficiently contributed to the Plan. Benefit unless the former spouses specifically renounced
under the Québec Pension Plan or Canada Pension Plan result of that renunciation, renounced partition of amounts are calculated based on the employment partition in the judgment or notarized joint declaration.
were increased as a result of partition can decide to employment earnings recorded under the Québec earnings recorded under the Plan.
If they lived together as de facto (common law) renounce it. To do so, he or she has one year following Pension Plan. In order to renounce partition of
spouses before their marriage or civil union, partition the effective date of the judgment or notarized joint nings, former spouses must speci-
of the former spouses’ earnings can also be carried declaration. The renunciation must be made by means fically renounce it in the notarized joint declaration
out for that period. In order for the de facto union of a notarial deed registered in Québec.How are the earnings recorded or in the judgment granting a divorce, legal separa-
to be considered, a joint application must be made, tion, civil annulment of marriage o