Life events and benefits
In the event of terminal illness
If you have a terminal illness, that is, an illness which, in the opinion of your physician, is such that your life expectancy is two years or less, the higher of the following two amounts can be paid to you:
- your total contributions to your pension plan, with accrued interest
- the actuarial value of the retirement pension that you have accrued.
Any amounts paid or transferred to obtain a pension credit will be added, with interest, to the amount you receive.
However, you will not be able to receive the amounts if you are eligible for a pension at the time you file your application. Note that your membership in RREGOP will end if you continue to work after receiving those benefits.
In the event of the breakdown of your union
Types of unions that are recognized under public-sector pension plans
They are:
- marriages;
- civil unions;
- de facto unions.
Those types of union could give the spouse of a member or beneficiary of a public-sector plan entitlement to:
- either partition of family patrimony in the event of:
- divorce;
- legal separation;
- annulment of marriage;
- dissolution of a civil union;
- annulment of a civil union.
- or partition of the benefits accrued under the pension plan in cases where de facto spouses stop living together.
Marriage
Marriage is the lawful union of two individuals under the conditions provided for by law for the purpose of living together.
There are two different types:
Religious marriage
Marriage approved and celebrated in accordance with the beliefs of a religion recognized in a country or state. It refers to a civil marriage that meets the requirements under the Civil Code of Québec and is celebrated during a religious ceremony.
Civil marriage
Non-religious marriage approved and celebrated by a civil authority. With a few exceptions, a marriage celebrated in Québec is recognized worldwide.
The recognition of a marriage is immediate and gives entitlement to partition of the family patrimony in the event of divorce or legal separation, as well as survivors' benefits in the event of death.
Civil union
A civil union is a type of legal relationship between two individuals who decide to live together as a couple without entering into a civil or religious marriage. After the union is celebrated, an act of civil union, which is the official document confirming the union, is issued by the Directeur de l'état civil. On 24 June 2002, the Act instituting civil unions and establishing new rules of filiation came into force, allowing for the union of two persons of the same sex or different sex.
Civil unions are recognized only in Québec. In order for their union to be recognized by the federal government, spouses in a civil union must qualify as de facto spouses (or common-law partners) within the meaning of the Canadian Income Tax Act. Therefore, they must meet at least one of the following conditions:
- They must have been living together in a conjugal relationship without interruption for at least 12 months.
- They must be the parents of a child by birth or by adoption.
- One of the spouses has custody and control of the other's children (or had custody and control immediately before the children turned 19).
If spouses in a civil union qualify as spouses, they are covered by the provisions (conditions) of the plan pertaining to partition of the family patrimony and survivors' benefits.
De facto union
A de facto (common-law) union is when two persons have been living together for a certain time and are united by particular emotional and economic ties. In cases where de facto spouses who are recognized as such stop living together, they can have the benefits accrued under their public-sector pension plan partitioned. The de facto union gives entitlement to survivors' benefits in the event the person who was a member of RREGOP dies.
A de facto union can be considered valid provided that certain conditions are met regarding:
- the legal definition of spouse;
- the spouses' civil status;
- the existence of a conjugal relationship;
- the duration of the conjugal relationship.
To be recognized as de facto (common-law) spouses under RREGOP, the spouses must show that they lived together and were in a conjugal relationship during one of the following periods:
- at least the three years preceding the breakdown of the union or the death of the member or retiree;
- the year preceding the breakdown of the union or the death if:
- a child was or is to be born of the union;
- during the union, either spouse adopted a child of the other;
- during the union, the spouses adopted a child together.
Regardless of their type of union, the individuals concerned must know how a breakdown of their union or death could impact their benefits provided for under their public-sector pension plan. Consult the information regarding the situation that applies to you on Retraite Québec's website.
Partition of the benefits accrued under your public-sector pension plan following the breakdown of your union
If you were married or in a civil union
Benefits accrued under a public-sector pension plan during a marriage or civil union are part of the family patrimony. The value of those benefits can therefore be partitioned in the event of a divorce, separation from bed and board, annulment of marriage, payment of a compensatory allowance, or dissolution or annulment of a civil union, provided that they have not renounced partition and they are covered by the provisions (conditions) of the plan relating to partition of the family patrimony.
The Court generally awards the member's former spouse 50% of the value of the benefits accrued under the pension plan during the marriage or civil union. However, the spouse could be awarded up to a maximum of 50% of the value of the benefits accrued over the total period of membership in the plan.
Upon request, Retraite Québec can determine the value of your benefits once you have instituted proceedings (filed an application with the civil division of the clerk's office and had it stamped by the court), or earlier if an accredited mediator confirms that you are attending family mediation. To find out the value of the benefits accrued under a pension plan, you must file an Application for a Statement of Benefits – Married or Civilly United Spouses (form RSP-388A) with Retraite Québec.
If the Court decides that the value of the benefits must be partitioned, you must file an Application for Payment of the Value of Accrued Benefits Under a Public-Sector Pension Plan – Married, Civilly United and De Facto Spouses (form RSP-389A) with Retraite Québec.
Retraite Québec will transfer on request the amount allocated to your former spouse to a financial instrument authorized in his or her name at the financial institution of his or her choice.
In order to take into account the amount transferred, we will calculate what is called a reduction due to partition. When you retire, or if you have already retired, your retirement pension will be permanently reduced accordingly.
If you were de facto (common-law) spouses
Since January 2019, it has been possible for de facto spouses who are recognized as such to have the benefits accrued under their public-sector pension plan partitioned in the event of a breakdown of their union, provided that they have signed a written agreement to that effect.
The agreement must:
- be made before a notary or lawyer, or by joint declaration on oath
- be signed by both spouses:
- either within 12 months following the date on which they stop living together;
- or within the 12 months following 1 January 2019, if they stopped living together before 1 January 2019.
Your former spouse cannot be granted more than 50% of the value of the benefits accrued over your total period of membership under RREGOP. If the value of the benefits accrued under the plan is partitioned between you and your former spouse, your retirement pension will be reduced permanently.
To find out the value of the benefits accrued under a pension plan, you must file an Application for a Statement of Benefits - De Facto Spouses (form RSP-387A) with Retraite Québec.
If a partition agreement is carried out, you must file an Application for Payment of the Value of Accrued Benefits Under a Public-Sector Pension Plan – Married, Civilly United and De Facto Spouses (form RSP-389A) with Retraite Québec. You must enclose with your application all the required documents, including the written agreement.
Retraite Québec will transfer the amount agreed upon to your former spouse to a financial instrument authorized in his or her name, at the financial institution of his or her choice.
In order to take into account the amount transferred, we will calculate the reduction due to partition. It means that, when you retire, or if you have already retired, your retirement pension will be permanently reduced according to that amount.
For more information on partition of the benefits accrued under a public-sector pension plan, consult the
Pension plans and partition page.
Death
Your pension plan provides for benefits to be paid to your spouse. The benefits are determined based on whether you are eligible for a retirement pension or you have retired at the time of your death.
If you have less than two years of service recognized for eligibility purposes (excluding any added service) at the time of your death, your spouse will receive the total of your contributions to your plan, plus accrued interest. If you do not have a spouse, the amount will be paid to your heirs.
However, if you have at least two years of service recognized for eligibility purposes, your spouse will receive the higher of the following two amounts:
- the total of your contributions to your pension plan, with accrued interest;
- the actuarial value of your accrued deferred pension.
If you do not have a spouse, the higher of those amounts will be paid to your heirs.
Your spouse or, if you do not have a spouse, your heirs, will also receive a refund for any amounts you paid to obtain your pension credits, plus accrued interest. If you do not have a spouse, the amount will be paid to your heirs.
If you are eligible for a pension
Your spouse will receive, until his or her death, a surviving spouse's pension equal to 50% of the pension that would have been payable to you at the time of your death (including 50% of your pension credits). Integration with the QPP will apply to the pension as of the month following your death. The introduction of the additional plan to the QPP as of 1 January 2019 does not change the current provisions of public-sector pension plans. Therefore, only the pension provided for under the Québec Pension Plan's base plan is taken into account to calculate the amount of reduction as a result of integration.
If the actuarial value of your spouse's pension is lower than the total of your contributions with interest, the amount of the pension will be increased until it reaches that total.
If you do not have a spouse, your heirs will receive the total of your contributions to your pension plan, plus accrued interest.
Your spouse or, if you do not have a spouse, your heirs, will also receive a refund for any amounts you paid to obtain your buy-back pension credits, plus accrued interest.
If you are already receiving your retirement pension
Depending on the option you choose when you retire, your spouse will receive, for life, a surviving spouse's pension equal to 50% or 60% of the pension paid to you at the time of your death (including 50% or 60% of your SPP pension credits, transfer agreement pension credits and life annuity linked to pension credit service). You can choose to reduce your pension by 2% so that your spouse receives 60% of your reduced pension.
If your pension is not already integrated with the QPP, integration will apply to the surviving spouse's pension as of the month following your death. The introduction of the additional plan to the QPP as of 1 January 2019 does not change the current provisions (conditions) of public-sector pension plans. Only the pension provided for under the Québec Pension Plan's base plan is taken into account to calculate the amount of reduction as a result of integration.
Your spouse's pension will not include any pension credits you received following a buy-back prior to your membership in RREGOP (buy-back pension credit) or temporary annuity linked to service giving entitlement to pension credit.
However, if applicable, your spouse will also receive an amount corresponding to the amounts paid to obtain your buy-back pension credits, plus interest, minus the amounts already paid to the retiree.
If do not have a spouse at the time of your death, your heirs can receive an amount that equals to the difference between the contributions accrued in the pension plan and the amounts paid to obtain your pension credits and the total of the amounts paid to the retiree as a pension and pension credit.
Under RREGOP, your spouse is the person to whom you are married, with whom you are in a civil union, or your de facto (common-law) spouse. To be recognized as spouses, neither individual can be married or in a civil union See Note 4.
You cannot bequeath by will the benefits accrued under your pension plan to the person of your choice. The Act respecting the Gouvernment and Public Employees Retirement Plan (RREGOP) contains provisions regarding the beneficiary of the benefits accrued under your pension plan, depending on whether you have a spouse at the time of your death. Your spouse can waive his or her spousal benefits in favour of your heirs and revoke that waiver at a later time by informing us in writing.
We must receive the Notice of Waiver before your death. If you do not have a spouse, the benefits accrued under your pension plan are part of your estate. Therefore, the heirs you designated will be entitled to those benefits under your will. If you did not make a will, your estate, including the benefits accrued under your pension plan, will be transferred to your heirs in accordance with the provisions (conditions) of the Civil Code of Québec.