Acts and Regulations

2012-75 - Shared Risk Plans

Section 26
Disposition versions

Full text
Breakdown of a marriage or common-law partnership
26(1)If the termination value of the benefit of a member or former member under a shared risk plan is to be divided on the breakdown of a marriage or common-law partnership under section 44 of the Act, the termination value shall be calculated in accordance with section 18.
26(2)The references to “defined benefit plan” in subsections 30(3) and (4) and 31(5), (6) and (8) of Regulation 91-195 shall be read as references to “shared risk plan”.
26(3)For the purposes of this section, any reference in Regulation 91-195 to the calculation of the commuted value under section 29, or any subsection of section 29, of that Regulation shall be read as a reference to the calculation of the termination value in accordance with section 18.
26(3.1)Section 48 of the Act applies to the determination of the termination value under section 18 for a shared risk plan that may be reduced under the shared risk plan by reason of payments under the Canada Pension Plan, the Quebec Pension Plan or the Old Age Security Act (Canada).
26(4)Section 29 and subsections 30(2) and (2.1), 31(1), (2), (3), (4) and (7) and section 34 of Regulation 91-195 do not apply to a shared risk plan.
2017-49
Breakdown of a marriage or common-law partnership
26(1)If the termination value of the benefit of a member or former member under a shared risk plan is to be divided on the breakdown of a marriage or common-law partnership under section 44 of the Act, the termination value shall be calculated in accordance with section 18.
26(2)The references to “defined benefit plan” in subsections 30(3) and (4) and 31(5), (6) and (8) of Regulation 91-195 shall be read as references to “shared risk plan”.
26(3)For the purposes of this section, any reference in Regulation 91-195 to the calculation of the commuted value under section 29, or any subsection of section 29, of that Regulation shall be read as a reference to the calculation of the termination value in accordance with section 18.
26(4)Subsections 29(1), (2), (3) and (4), 30(2) and (2.1), 31(1), (2), (3), (4) and (7) and section 34 of Regulation 91-195 do not apply to a shared risk plan.