Acts and Regulations

91-195 - General

Section 30
Disposition versions

Full text
Calculation of spouse’s portion or common-law partner’s portion
30(1)The following definitions apply in sections 30 to 34.
“common-law partner’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or former member calculated under section 28 to which the common-law partner of the member or former member is entitled on the breakdown of their common-law partnership under a domestic contract or a decree, order or judgment of a competent tribunal.(allocation du conjoint de fait)
“spouse’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or a former member calculated under section 28 to which the spouse of the member or former member is entitled on marriage breakdown under a domestic contract or a decree, order or judgment of a competent tribunal.(allocation du conjoint)
30(2)If the benefit or the commuted value of the benefit of a member or a former member under a defined contribution plan or the contributions with interest made by a member who would not be entitled to a deferred pension are divided under section 44 of the Act, the spouse’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(b) from the date of marriage breakdown to the date on which the spouse’s portion is credited to the spouse under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, inclusive.
30(2.1)If the benefit or the commuted value of the benefit of a member or a former member under a defined contribution plan or the contributions with interest made by a member who would not be entitled to a deferred pension are divided under section 44 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(b) from the date of the breakdown of the common-law partnership to the date on which the common-law partner’s portion is credited to the common-law partner under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, both dates inclusive.
30(3)Subject to subsection 43(8), if the commuted value of the deferred pension of a member or a former member under a defined benefit plan is divided under section 44 of the Act, the spouse’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(a) from the date of marriage breakdown to the date on which the spouse’s portion is credited to the spouse under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, inclusive.
30(4)Subject to subsection 43(8), if the commuted value of the deferred pension of a member or a former member under a defined benefit plan is divided under section 44 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(a) from the date of the breakdown of the common-law partnership to the date on which the common-law partner’s portion is credited to the common-law partner under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, both dates inclusive.
94-78; 2011-60
Calculation of spouse’s portion or common-law partner’s portion
30(1)The following definitions apply in sections 30 to 34.
“common-law partner’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or former member calculated under section 28 to which the common-law partner of the member or former member is entitled on the breakdown of their common-law partnership under a domestic contract or a decree, order or judgment of a competent tribunal.(allocation du conjoint de fait)
“spouse’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or a former member calculated under section 28 to which the spouse of the member or former member is entitled on marriage breakdown under a domestic contract or a decree, order or judgment of a competent tribunal.(allocation du conjoint)
30(2)If the benefit or the commuted value of the benefit of a member or a former member under a defined contribution plan or the contributions with interest made by a member who would not be entitled to a deferred pension are divided under section 44 of the Act, the spouse’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(b) from the date of marriage breakdown to the date on which the spouse’s portion is credited to the spouse under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, inclusive.
30(2.1)If the benefit or the commuted value of the benefit of a member or a former member under a defined contribution plan or the contributions with interest made by a member who would not be entitled to a deferred pension are divided under section 44 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(b) from the date of the breakdown of the common-law partnership to the date on which the common-law partner’s portion is credited to the common-law partner under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, both dates inclusive.
30(3)Subject to subsection 43(8), if the commuted value of the deferred pension of a member or a former member under a defined benefit plan is divided under section 44 of the Act, the spouse’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(a) from the date of marriage breakdown to the date on which the spouse’s portion is credited to the spouse under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, inclusive.
30(4)Subject to subsection 43(8), if the commuted value of the deferred pension of a member or a former member under a defined benefit plan is divided under section 44 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(a) from the date of the breakdown of the common-law partnership to the date on which the common-law partner’s portion is credited to the common-law partner under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, both dates inclusive.
94-78; 2011-60
Calculation of spouse’s portion
30(1)In sections 30 to 34
“spouse’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or a former member calculated under section 28 to which the spouse of the member or former member is entitled on marriage breakdown under a marriage contract, separation agreement or court order.
30(2)If the benefit or the commuted value of the benefit of a member or a former member under a defined contribution plan or the contributions with interest made by a member who would not be entitled to a deferred pension are divided under section 44 of the Act, the spouse’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(b) from the date of marriage breakdown to the date on which the spouse’s portion is credited to the spouse under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, inclusive.
30(3)Subject to subsection 43(8), if the commuted value of the deferred pension of a member or a former member under a defined benefit plan is divided under section 44 of the Act, the spouse’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(a) from the date of marriage breakdown to the date on which the spouse’s portion is credited to the spouse under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, inclusive.
94-78