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Quebec Government requests appeal on ruling for disability pension adjustment


October 18, 2023

A Quebec flag raised above a historic building

“The Quebec government is asking the province’s Superior Court to reverse an administrative tribunal's ruling on two sections of the Act respecting the Quebec Pension Plan concerning individuals who received disability pensions between the ages of 60 and 65.

In July, the tribunal ruled there was discrimination based on “physical and mental deficiencies” in two articles of the law, violating the right to equality protected by the Canadian Charter of Rights and Freedoms.

The attorney general argues these sections are constitutional. Pension law sets the normal retirement age at 65. If a person withdraws their pension earlier, there will be an “actuarial adjustment” to compensate for the fact that benefits are being received for a longer period. The same adjustment applies for disability pensions.

For the attorney general, “it is, therefore, clear that with respect to retirement pension payments, the defendants are not at any disadvantage compared to people who anticipate their retirement. They are in no way deprived of what would be granted to others,” he said.

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