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Ministère de la Sécurité publique

Regulation respecting transitional measures necessary for the application of the Act concerning the organization of police services

Updated to 1 September 2009

  1. A police officer who receives a retirement pension under the Pension Plan of the members of the Sûreté du Québec and who is transferred from a municipal police force abolished pursuant to the Act concerning the organization of police services (2001, c. 19) to the Sûreté du Québec shall, subject to section 3, elect whether or not to resume membership in the plan by sending a notice to the Sûreté du Québec before the date of the transfer. Should the police officer fail to do so within that time period, the officer is presumed to have elected to resume membership in the plan.

    O.C. 495-2003, s. 1.

  2. The pension paid under the Pension Plan of the members of the Sûreté du Québec to a transferred police officer who elects to resume membership in the plan shall cease to be paid from the date of transfer to the Sûreté du Québec.

    The pension shall, when membership in the plan again ceases, be recalculated in accordance with the provisions of the plan, taking into account the pensionable salary and years of service credited to the member for the period during which the pension was no longer being paid. However, the new calculation may not operate to modify the applicable reduction factor, if any.

    At the time the member again ceases membership in the plan, the member is entitled to receive the higher of the pension indexed in accordance with the plan as if payment of the pension had not been interrupted and the pension recalculated in accordance with the second paragraph. If the higher amount is the indexed pension, the contributions paid by the employee during the period when he or she was again a member of the Sûreté du Québec shall be reimbursed with interest, calculated in the manner and at the rates provided for in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (R.S.Q., c. R-10).

    O.C. 495-2003, s. 2.

  3. A member referred to in section 1 who, on 16 April 2003, has already been integrated into the Sûreté du Québec, is presumed to have elected to be a member of the plan from the date of integration unless the member informs the Sûreté of his or her election declining membership within 30 days of receiving a notice informing the member of the option offered.

    O.C. 495-2003, s. 3.

  4. A member of the Sûreté du Québec who is transferred from a municipal police force abolished pursuant to the Act concerning the organization of police services, who is entitled to an immediate pension under the supplemental pension plan of which he or she was a member on the day before the transfer and who elects to receive the pension, cannot be a member of the Pension Plan of the members of the Sûreté du Québec.

    The member must inform the Sûreté du Québec of the election to receive or not to receive the pension before the date of the transfer or, where applicable, within 30 days after the date on which the pension becomes payable. In the latter case, the member must also indicate the period for which the pension is paid.

    O.C. 495-2003, s. 4.

  5. A member referred to in section 4 who, on 16 April 2003, has already been integrated into the Sûreté du Québec shall, within 30 days of receiving a notice informing the member of the provisions of section 4, inform the Sûreté du Québec of his or her election to receive or not receive the pension. Should the member fail to do so within that time period, the member is presumed to have elected to receive the pension from the date of integration.

    O.C. 495-2003, s. 5.
  6. A person who, pursuant to this Regulation, is not a member of the Pension Plan of the members of the Sûreté du Québec and whose total years of service or parts thereof that would have been recognized under the Act concerning the organization of police services, had the person been a member of the plan or been able to have them recognized for pension eligibility purposes, is at least 35 years, cannot be a member of the Sûreté du Québec.

    O.C. 495-2003, s. 6.
  7. An election under this Regulation is irrevocable. The Sûreté du Québec shall inform the Commission administrative des régimes de retraite et d'assurances of every election under this Regulation.

    O.C. 495-2003, s. 7.
  8. Every year, the Sûreté du Québec shall send to the Minister of Public Security a list of the members who have been integrated into the Sûreté du Québec and who receive a pension under the Pension Plan of the members of the Sûreté du Québec or under a supplemental pension plan of which they were members before the date of the transfer.

    O.C. 495-2003, s. 8.
  9. This Regulation comes into force on 16 April 2003.

    O.C. 495-2003, s. 9.


    O.C. 495-2003, 2003 G.O. 2, 1431