33No right of a person under Part 3 or Part 4 is capable of being assigned, charged, anticipated, given as security or surrendered and, for the purposes of this section,
(a)
an assignment does not include
(i)
an assignment under a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage between a judge and his or her spouse or former spouse or the breakdown of a common-law partnership between a judge and his or her common-law partner or former common-law partner, or
(ii)
an assignment by the legal representative of a deceased judge on the distribution of the judge’s estate, and
(b)
a surrender does not include a reduction in benefits to avoid the revocation of the registration under the Income Tax Act (Canada) of the pension plan provided for in Part 3.