Acts and Regulations

M-8 - Members Superannuation Act

Full text
Division of benefits on marriage breakdown
20.01(1)Notwithstanding subsection 20(1) and any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a member or minister, or a former member or former minister, 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.
20.01(2)The portion of the benefit to which a spouse of a member or minister, or of a former member or former minister, is entitled to under a decree, order or judgment referred to in subsection (1) shall be dealt with in accordance with the regulations.
20.01(3)If a benefit has been divided under subsection (1), the spouse has no further right
(a) to a division of any other benefit of the member or minister, or of the former member or former minister,
(b) to a surviving spouse’s pension with respect to the member or minister, or the former member or former minister, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the member or minister, or the former member or former minister, or
(c) in relation to the Members Superannuation Account,
and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.
20.01(4)Notwithstanding subsection 20(1) and any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of marriage breakdown that is entered into on or after January 1, 1997, provides for the division on marriage breakdown of a benefit that a member or minister, or a former member or former minister, is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of marriage breakdown in accordance with the regulations and shall be divided in accordance with the written agreement.
20.01(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4).
20.01(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a member or minister, or of a former member or former minister, by more than fifty per cent.
20.01(7)A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown.
20.01(8)Subject to subsection (9), a division of benefits under this section is limited by any restrictions under this Act in relation to the payment of money out of the Members Superannuation Account.
20.01(9)Where an amount of a benefit of a member or minister, or of a former member or former minister, is retained by way of deduction or setoff under subsection 20(2), the portion of the benefit to which the spouse of that member or minister, or of that former member or former minister, is entitled under this section, shall not be reduced by such amount.
1997, c.56, s.2; 1998, c.35, s.2
Division of benefits on marriage breakdown
20.01(1)Notwithstanding subsection 20(1) and any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a member or minister, or a former member or former minister, 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.
20.01(2)The portion of the benefit to which a spouse of a member or minister, or of a former member or former minister, is entitled to under a decree, order or judgment referred to in subsection (1) shall be dealt with in accordance with the regulations.
20.01(3)If a benefit has been divided under subsection (1), the spouse has no further right
(a) to a division of any other benefit of the member or minister, or of the former member or former minister,
(b) to a surviving spouse’s pension with respect to the member or minister, or the former member or former minister, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the member or minister, or the former member or former minister, or
(c) in relation to the Members Superannuation Account,
and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.
20.01(4)Notwithstanding subsection 20(1) and any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of marriage breakdown that is entered into on or after January 1, 1997, provides for the division on marriage breakdown of a benefit that a member or minister, or a former member or former minister, is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of marriage breakdown in accordance with the regulations and shall be divided in accordance with the written agreement.
20.01(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4).
20.01(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a member or minister, or of a former member or former minister, by more than fifty per cent.
20.01(7)A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown.
20.01(8)Subject to subsection (9), a division of benefits under this section is limited by any restrictions under this Act in relation to the payment of money out of the Members Superannuation Account.
20.01(9)Where an amount of a benefit of a member or minister, or of a former member or former minister, is retained by way of deduction or setoff under subsection 20(2), the portion of the benefit to which the spouse of that member or minister, or of that former member or former minister, is entitled under this section, shall not be reduced by such amount.
1997, c.56, s.2; 1998, c.35, s.2