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2009-01-01
 
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8490 St-Hubert street
Office 101
Montreal, Quebec
H2P 1Z5

Tel. (514) 596-1110
Fax. (514) 596-1532
 
RRQ

IN BRIEF

 

The Régime des rentes du Québec was created to provide basic financial security to workers and their families in the event of retirement, death, or disability. It is financed through the contributions of workers and employers and has existed since 1966.

All workers must contribute to the RRQ if their income is above $3500, up to a maximum of $40,500 (in 2004). If at any time you need information about your situation, you can request a statement of participation, in writing, by phone, or by Internet, making sure to include your name and social insurance number. The statement shows your annual earnings and your contributions. It provides an estimate of each benefit to which you could be entitled. If you have worked in another province, the statement reports on your participation in the Canada Pension Plan.

RETIREMENT: You are entitled to receive retirement benefits when you reach the age of 60. You must have contributed for at least one year and have ceased working or be considered to have stopped working—earn less than $10,125 per year (in 2004)—and be aged between 60 and 65. At 65 or over, even if you continue to work, you are still entitled to the benefit, regardless of how much you earn. The retirement benefit is payable at the end of the month after the month in which you become eligible. Until July 1, 1998, it was possible to combine the retirement pension with other benefits (CSST, SAAQ, etc.). This is no longer the case.

DISABILITY: Disability benefits are payable to a contributor under 65 who has made sufficient contributions: either two of the last three years of her or his contributory period, or five of the last 10 years, or at for at least half of the contributory period, with a minimum of two years. The years of contribution to a pension plan in a country with which Québec has concluded an agreement may be included in the calculation of the contributory period. Normally, a disability pension requested before the age of 60 requires proof of extremely grave disability, in other words, proof that the person is no longer able to work at her or his present job or at any other job on a substantially gainful basis. After the age of 60, the only proof required is inability to continue working at the present job on a substantially gainful basis. A substantially gainful occupation should provide earnings above $992.77 per month or $11, 913 per year (in 2004). The request is made using the form prescribed for such purpose, accompanied by a detailed medical report. The fact that a person is receiving a disability pension is not a reason to prevent the person from working. If earnings exceed $2978 over three consecutive months, however, there is presumption of ability and payment of the disability pension is stopped.

The RRQ has the right to have one of its physicians examine applicants at any time. Only the individual's medical condition is taken into consideration. No other grounds, social or other (illiteracy, prolonged absence from the job market, spoken or written languages, etc.), will be considered.

The disability pension may not be combined with a full pension paid by other agencies. It may, however, be combined with a reduced pension received from other agencies (CSST, SAAQ, etc.). The disability pension may be paid retroactively to a maximum of eight months before the date of application. It is discontinued when the beneficiary is no longer considered disabled or has reached the age of 65. Any statement of disability may be reviewed or reconsidered by the Régie des rentes d Québec. Applicants may also request that decisions be reviewed, within a one-year time limit. If applicants remain unsatisfied they can appeal such decisions before the Tribunal administratif du Québec, within a 60-day time limit.

DEATH: To be eligible, obviously, the deceased person must have made sufficient contributions. The death benefit consists of a lump-sum payment of $2500 (in 1999), payable in priority to the person who paid funeral expenses or to the heirs. The surviving spouse benefit is paid to the spouse, widower or widow. It can also be paid to the common-law spouse if such person establishes they lived with the deceased person during at least three years, or for one year, if a child was born of such union. It becomes payable one month after the contributor's death. The application must be made within 12 months following the death. After this time limit, the RRQ will only pay up to 12 months retroactively. This benefit may be combined with the retirement or disability pension. The orphan's benefit is paid to a child under 18, biological or adopted. The son-in-law or daughter-in-law and the child for whom the contributor acted as father or mother are also entitled to the benefit subject to proof that they lived with the contributor during at least six months. A child who was being supported by the contributor may also request the benefit. It becomes payable in the same way as the surviving spouse benefit.

The acquisition of these benefits requires advance preparation, duly completed procedures and proper follow-up. We can assist you with these applications, provide referrals and ensure follow-up. Take advantage of our services. The first consultation is free of charge.

Desroches, Mongeon lawyers
CSST, SAAQ, RRQ

8490 St-Hubert street, Office 101
Montreal, Quebec
H2P 1Z5

Tel. (514) 596-1110
dmavocates@videotron.ca



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