Division of benefits on breakdown of a marriage or common-law partnership
28(1)In this section,“benefit” means an annual pension, a return of contributions or any supplementary allowance or supplementary payment under Part 4, but does not include a surviving spouse’s pension, a surviving common-law partner’s pension or a disability benefit payable to the judge whose benefit is to be divided under this section, or a payment referred to in subsection 23(4).
28(2)Despite anything else in this Act except subsections (9) and 40(15), if a competent tribunal makes a decree, order or judgment in relation to the division on marriage breakdown of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of marriage breakdown and shall be divided in accordance with the decree, order or judgment of the tribunal.
28(3)Despite anything else in this Act except subsections (9) and 40(15), if a competent tribunal makes a decree, order or judgment in relation to the division on the breakdown of a common-law partnership of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.
28(4)The portion of the benefit to which the spouse or common-law partner of a judge is entitled under a decree, order or judgment referred to in subsection (2) or (3) shall be dealt with in accordance with the regulations.
28(5)If a benefit has been divided under subsection (2) or (3), the benefit of the judge shall be revalued in accordance with the regulations and the spouse or common-law partner has no further right
(a)
to a division of any other benefit of the judge,
(b)
to a surviving spouse’s pension or surviving common-law partner’s pension under section 11 with respect to the judge, or any other benefit or amount payable to the spouse or common-law partner under this Act by virtue of being the spouse or common-law partner of the judge, or
(c)
in relation to the Plan under this Act.
28(6)Despite anything else in this Act except subsections (9) and 40(15), if a written agreement in settlement of rights arising as a consequence of marriage breakdown is entered into on or after February 18, 2000, and provides for the division on marriage breakdown of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the marriage breakdown in accordance with the regulations and shall be divided in accordance with the written agreement.
28(7)Despite anything else in this Act except subsections (9) and 40(15), if a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after February 18, 2000, and provides for the division on the breakdown of the common-law partnership of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.
28(8)Subsections (4) and (5) apply with the necessary modifications to a division of a benefit under subsection (6) or (7).
28(9)If the Minister establishes or approves a method for determining the commuted value of a benefit that is different from the method established under the regulations, the value determined by the method established or approved by the Minister shall prevail.
28(10)Despite anything else in this section, a division of a benefit under this section shall not result in a reduction of the commuted value of the benefit of a judge by more than 50%.
28(11)A division of a benefit under this section applies only in relation to a benefit accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.
28(12)A division of a benefit under this section is limited by any restrictions under this Act in relation to the payment of money out of the Fund or the Consolidated Fund under this Act.
2000, c.P-21.1, s.26; 2008, c.45, s.28