Other Events

During an absence for family or parental reasons, individuals may continue to participate in the pension plan through application, notably, of the Act Respecting Labour Standards (chapter N-1.1). 

The reasons for this absence include:

• A maternity leave
• A paternity leave
• A parental leave
• A leave to act as caregiver
• A leave for parents of young victims of a criminal offence
• A preventive retirement

Note: Individuals aged 65 years or over or who have taken full retirement or have received a total reimbursement of their pension plan may not take advantage of this right.

Individuals who wish to continue participating in the pension plan during their absence must inform their employer of this by the beginning of the leave at the latest, as the employer must then also continue to contribute to the plan.

How to apply

Individuals who wish to keep participating in the pension plan may provide their employer with the form Application for participation in the pension plan during an absence or leave for family or parental reasons, filled out and signed, and send a copy to the CCQ.

When the leave begins, these individuals must also maintain regular payment of their usual share of employee contributions and the applicable fees by sending their employer the amounts required. It is recommended that they keep proof of all amounts sent for the purposes of this application.

These individuals are also responsible for following up on their application throughout the period during which they wish to contribute. The CCQ will confirm to them in writing the addition of hours to their pension file following receipt of sums sent by their employer.

Employer's transmission of contributions to the pension plan

For participation in the pension plan to be maintained, the employer must fill out the form Declaration of participation in the pension plan during an absence or leave for family or parental reasons and send it by mail to the address given, accompanied by a cheque for the total amount of employee and employer contributions, as well as the fees indicated in section 126.0.2 of the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry (c. R-20).

The data given in this form must correspond to those usually declared for the person concerned and sent for one month’s work (trade, apprenticeship, sector, and wage schedule). As the leave may last one or more weeks, it is important that the number of weeks of the leave and the total number of hours associated with it be declared monthly.

• The number of hours declared for a given week must correspond to the number of work hours usually declared in the monthly report.
• The employer is responsible for producing and sending tax slips related to the employee and employer contributions paid into the pension plan.

MÉDIC Construction insurance

Individuals insured under one of the basic plans (A, B, C, or D) or supplementary plans during their absence may have the right to hour credits in order to maintain their insurance plan. 

Note: The number of hours credited to the individual’s insurance file is determined according to the insurance plan at the time of the absence and is not related to the data that will be sent for participation in the pension plan. 

Individuals who are disabled as defined in the Act Respecting Industrial Accidents and Occupational Diseases (AIAOD) (CLRQ, chapter A-3.001) may continue to participate in their pension plan if this statute permits it. 

The disability status that allows individuals to continue to participate in the pension plan is established by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), which decides if it is a severe long-term disability as defined in section 93 of the AIAOD. 

The CCQ is not involved in the CNESST’s decision. Its task is to administer the money received for participation in the pension plan.

Note: Individuals aged 65 years or over or who have taken full retirement or have received a total reimbursement of their pension plan may not take advantage of the right to continue participating in the pension plan.

How to apply

Eligible individuals who wish to continue participating in the pension plan must ask the CNESST to send the CCQ the following information:

• Confirmation that they have a disability covered in section 93 of the AIAOD
• Confirmation that they wish to continue participating in the pension plan as set out in section 116 of the AIAOD:
  
  • They agree to pay into the pension plan the employee contributions determined by the clauses common to the four construction industry collective agreements 
  • The CNESST agrees to pay the required employer contributions
• The number of work hours for which employee and employer contributions will be paid each year. This number must be established by the disabled person and the CNESST
• The date that payment of the employee and employer contributions by the individual and the CNESST comes into effect; this date may be retroactive 

When it receives this information, the CCQ confirms in writing to the disabled individual and the CNESST the amount of employee and employer contributions required and the terms of payment.

MÉDIC Construction insurance 

Individuals insured under one of the basic plans (A, B, C, or D) or supplementary plans during their disability may have the right to hour credits in order to maintain their insurance plan. 

Note: The number of hours credited to the individual’s insurance file is determined according to the insurance plan at the time of the absence and is not related to the data that will be sent for participation in the pension plan. 

Following the breakdown of a marriage or civil union, the benefits accrued by a participant in the construction industry pension plan may be divided with his or her ex-spouse in compliance with the rules respecting the division of family assets in the province of Québec.

How to find out the value of the accrued benefits in the pension plan

The plan participant, the participant’s spouse, or their legal representatives must submit a written request by filling out the form Application for Statement or Partition of Accrued Benefits (for married spouses or in a civil union) and sending it to the Commission de la construction du Québec (CCQ), accompanied by the required documents. A statement of the benefits accrued in the plan is sent within 60 days of receipt of the completed application.

How to apply for execution of the partition of the pension plan

Partition of the pension plan does not take place automatically. When the judgment ordering it comes into effect, an application for partition must be sent in writing to the CCQ by filling out the form Application for Statement or Partition of Accrued Benefits (for married spouses or in a civil union) and attaching the required documents.

The participant, his or her ex-spouse, or their legal representatives may apply for the partition.

In the case of dissolution or annulment of a civil union by notarial act, the partition must be applied for once an agreement to this effect is concluded.

For more details on the deadlines and terms of payment applicable, please consult our brochure on the subject.

Fee for an application for statement or partition

The CCQ does not charge any fee for issuing a statement or for execution of a partition.

Reinstatement of the retiree’s pension

If, at the time of retirement, the retiree chose a pension with a 60% survivor benefit and the spouse has lost the right to this benefit following the breakdown, the retiree’s pension may be reinstated with the option of a pension with a 50% survivor benefit or with no survivor benefit, as applicable.

To find out more

Consult our brochure Partition of Pension Plan Benefits in the event of marital breakdown.

Common-law spouses are not subject to the rules regarding family patrimony. Nevertheless, during the 12 months following a breakdown, ex-spouses may establish a written agreement respecting partition of the pension plan.

How to find out the value of benefits accrued in the pension plan

Plan members, their ex-spouses, or their legal representatives must submit a written request by filling out the form Application for statement or partition of accrued benefits (for common-law spouses) and sending it to the Commission de la construction du Québec (CCQ) accompanied by the required documents. A statement of the benefits accrued in the plan is sent within 60 days following receipt of the completed application.

How to apply for execution of partition of the pension plan

Following the marital breakdown, once an agreement on partition is concluded between the ex-common-law spouses or when a judgment respecting partition comes into effect, an application for partition must be sent in writing to the CCQ by filling out the form Application for statement or partition of accrued benefits (for common-law spouses) and attaching the required documents.

The partition may be requested by the plan member, his or her ex-spouse, or their legal representatives.

For more details on the content required in an agreement, the deadlines, and the applicable terms of payment, please consult our brochure on the subject.

Fee for an application for statement or partition

The CCQ does not charge any fee for issuing a statement or for execution of a partition.

Reinstatement of the retiree’s pension

If, at the time of retirement, the retiree chose a pension with a 60% survivor benefit and the spouse has lost the right to this benefit following the breakdown, the retiree’s pension may be reinstated with the option of a pension with a 50% survivor benefit or with no survivor benefit, as applicable.

To find out more

Read our brochure Partition of pension plan benefits in the event of marital breakdown.

Can the benefits in the pension plan and the amounts paid out from the plan be seized?

General rule

• The credits accumulated in the pension plan cannot be seized.
• All amounts paid out from pension plan – for example, pensions or refunds – cannot be seized.

Certain exceptions

• Half of the member's benefits in the pension plan or of the non locked-in amounts paid out by the plan (lump-sum benefits) may be seized to pay a compensatory allowance, or for non-payment of support (for example, if support payments are in arrears).
• The Canada Revenue Agency (CRA) may seize monthly pensions or lump-sum benefits paid from the pension plan for payment of taxes owed.

Note: Amounts in the pension plan may be divided as family assets.