Acts and Regulations

91-195 - General

Full text
Calculation of divisible portion
28(1)In sections 28 to 34,
“past service” means the number of years, including parts of a year, of employment credited to a member or former member under a pension plan that relate to employment before the date on which the member or former member became a member.
28(2)The portion of the commuted value of the benefit of a member or a former member that may be divided on the breakdown of a marriage or common-law partnership under section 44 of the Act shall be computed using the following formula:
p
=
a
× c
b
where
p =
the portion of the commuted value of the benefit that may be divided on the breakdown of the marriage or common-law partnership;
 
a =
the number of years, including parts of a year, included in “b” that were credited to the member or former member in the period between the date of marriage and the date of marriage breakdown, inclusive, or between the date of common-law partnership and the date of the breakdown of the common-law partnership, inclusive, including past service credited to the member or former member during that period;
 
b =
the total number of years, including parts of a year, of employment credited to the member or former member under the pension plan for which benefits were earned by the member or former member, including past service; and
 
c =
the commuted value of the benefit calculated in accordance with subsection 29(1), (2), (3) or (4) as the case may be.
2011-60
Calculation of divisible portion
28(1)In sections 28 to 34,
“past service” means the number of years, including parts of a year, of employment credited to a member or former member under a pension plan that relate to employment before the date on which the member or former member became a member.
28(2)The portion of the commuted value of the benefit of a member or a former member that may be divided on marriage breakdown under section 44 of the Act shall be computed using the following formula:
p
=
a
× c
b
where
p =
the portion of the commuted value of the benefit that may be divided on marriage breakdown;
 
a =
the number of years, including parts of a year, included in “b” that were credited to the member or former member in the period between the date of marriage and the date of marriage breakdown, inclusive, including past service credited to the member or former member during that period;
 
b =
the total number of years, including parts of a year, of employment credited to the member or former member under the pension plan for which benefits were earned by the member or former member, including past service; and
 
c =
the commuted value of the benefit calculated in accordance with subsection 29(1), (2), (3) or (4) as the case may be.