September 12, 2023
By Me Sophie Mongeon
For those aged 65 and over, who are already penalized
STEP 1: Request a review by Retraite Québec (QPP)
STEP 2: File a motion with the Tribunal administratif du Québec
Over the past few years, many of you have asked me whether you should contest the decision that penalized you. For many, the deadline for contesting has passed.
I had originally asked you to wait, because I didn't want to flood Retraite Québec and the Tribunal administratif du Québec with requests when these resources are important for dealing with other requests from citizens. Unfortunately and reluctantly, I now invite you to contest your penalty.
STEP 1: Request a review by Retraite Québec (QPP)
Write the letter below and submit it via Retraite Québec Online Services.
XXX, XXX (city and date)
Retraite Québec
XXX, CLXXXXX (your name, followed by your QPP file number)
Dear Sir or Madam:
I have been affected by the disability pension penalties. I am hereby contesting your decision to apply article 120.2 and/or 120.1 to my disability benefits, given the government's appeal to the decision which declared these provisions contrary to my rights. Please forward my file for review so I can file a motion with the Tribunal administratif du Québec.
Best regards,
XXX (signature)
XXX (name)
XXX (address)
XXX (tel.)
XXX (email)
NOTE: You can also request a review using the form available on the Retraite Québec website.
The form can be completed and submitted online or mailed to:
Retraite Québec, Direction de la révision
P.O. Box 5200, Québec, Québec G1K 7S9
STEP 2: File a motion with the Tribunal administratif du Québec
January 8, 2023
By Me Sophie Mongeon
The usual time limit for filing an application for review with Retraite Québec is 90 days. Since you have clearly filed your application outside that time limit, you get told that your appeal is inadmissible. Don't worry about it. Use this reply from Retraite Québec to file a motion with the Tribunal administratif du Québec.
To justify filing your application outside the 90-day time limit, argue that you appealed the decision from the moment you became aware that your rights had been violated, whether it was via the Les invalides au front support group or the media coverage of the Tribunal administratif du Québec’s 2023 decision.
NOTE: The form to file a motion with the Tribunal administratif du Québec is available online.
IMPORTANT NOTE: REQUEST A DETAILED CALCULATION OF YOUR RETIREMENT PENSION
For those of you who have never requested a detailed calculation of your retirement pension from Retraite Québec, we invite you to do so by contacting them at 1-800-463-5185. You will receive a document informing you of the amount of your original pension before the penalty, of the percentage of your penalty and of the amount of your pension following the penalty deduction. It's quite enlightening.
Source: Invalidesaufront.ca