Partition of benefits under a public-sector pension plan for de facto spouses

The value of benefits accrued under a public-sector pension plan during a de facto union can be partitioned in the event of a separation.

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 the breakdown of their union, provided that they have signed a written agreement to that effect.

The agreement must:

• be made before a notary or an attorney, or by a joint sworn statement

• be signed by both spouses:

  • within 12 months following the date on which they stop living together
    OR
  • if the date on which they stopped living together was before 1 January 2019, and a written agreement was signed within the following 12 months, that is, before 1 January 2020.

The various public-sector pension plans

Several group or specific pension plans are administered in whole or in part by Retraite Québec.

RREGOP and PPMP

See The Government and Public Employees Retirement Plan (RREGOP) and the Pension Plan of Management Personnel (PPMP) section

Other plans

Select the pension plan that corresponds to your situation in order to find out the steps to take with Retraite Québec in the event of a separation.

• PPOCS (Pension Plan of Peace Officers in Correctional Services – available in French only)
• PPEMO (Pension Plan of Elected Municipal Officers – available in French only)
• SPMSQ (Superannuation Plan for the Members of the Sûreté du Québec – available in French only)
• PPCJBJ (Pension Plan of Certain Judges appointed before 1 January 2001 – available in French only)
• PPCJQ (Pension Plan of Certain Judges of Québec – available in French only)
• RPSO (Retirement Plan for members who work in the education and the health and social services sectors – available in French only)
• RPSO (Retirement Plan for members who work in the civil service – available in French only)
• TPP (Teachers Pension Plan – available in French only)
• PPCT (Pension Plan of Certain Teachers – available in French only)
• PPMNA (Pension Plan of the Members of the National Assembly – available in French only)
• CSSP (Civil Service Superannuation Plan – available in French only)
• PPFEQ (Pension Plan for Federal Employees transferred to Employment with the Gouvernement du Québec – available in French only)
• RPCHCN (Retirement Plan for Active Members of the Centre hospitalier Côte-des-Neiges – available in French only)

The Government and Public Employees Retirement Plan (RREGOP) and the Pension Plan of Management Personnel (PPMP)

• RREGOP covers regular and casual, full-time and part-time employees in the Québec public service, education and health and social services sectors.
• The PPMP applies to employees who hold a non-unionized position and who have the required classification.

Partition of benefits accrued under RREGOP and the PPMP can be requested when de facto spouses stop living together.

De facto spouses who would like to have the benefits accrued under a pension plan partitioned must sign a written agreement within 12 months following the date on which they stop living together.

The agreement must be signed by the spouses before a notary or an attorney or by a joint sworn statement.

The recognition of a de facto union

Before undertaking steps for the partition of benefits, it is important to consult the Understanding the notion of spouse and the types of unions in Québec section to verify whether the union is recognized under the pension plan. The notion of spouse may vary depending on the applicable laws, government programs and various pension plans.

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. This type of union gives entitlement to survivors' benefits in the event of death.

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 length of the conjugal relationship.

The steps for partition of the benefits

Impact of partition on the pension plan

Once the benefits accrued under a public-sector pension plan have been partitioned, a reduction due to partition will be calculated and indicated in the file of the individual who is or was a member, or who is a retiree. This is a permanent reduction of the benefits the individual will receive or is already receiving if he or she is a retiree.

If the individual has not yet begun receiving his or her retirement pension:

• the reduction will apply as of the date on which it comes into effect
• the amount of the reduction will be increased or decreased based on the age at the time he or she retires and the date on which the benefits are paid.

If the individual is a retiree:

• the pension will be reduced as of the date on which the benefits are paid.

If the individual is already a retiree on the date of valuation of the benefits, the amount of the reduction shown on the Statement of Benefits will be increased by 0.5% for each month between the valuation date and the date on which the benefits are paid (the date on which the amounts are transferred). It is therefore important to apply for payment of benefits as soon as possible.

In the case of a refund of contributions that occurs once the value of the benefits accrued under a pension plan has already been partitioned, the portion granted to the former spouse will be subtracted from the refund.

Impact of partition in the event of the breakdown of a second union

In the event of the breakdown of a second union, the retirement pension of an individual who is or was a member of the plan was reduced permanently after the first breakdown, and will be reduced a second time. However, this second reduction will not exceed 50% of the value of the benefits accrued during the marriage or civil union or, in the case of a de facto union, 50% of the total value of the benefits accrued under the plan. If the individual began receiving a pension benefit before he or she entered into his or her second union, the value of the pension is excluded from the partition of benefits, since it was not accrued during the union.