Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 26
Disposition versions

Full text
Division of benefits on breakdown of a marriage or common-law partnership
2008, c.45, s.28
26(1)In this section
“benefit” means an annual pension, a return of contributions or any supplementary allowance or supplementary payment under Part IV, 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 21(4).
26(2)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a competent tribunal makes a decree, order or judgment on or after the date on which this Act receives Royal Assent, 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.
26(2.1)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection 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.
26(3)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 (2.1) shall be dealt with in accordance with the regulations.
26(4)If a benefit has been divided under subsection (2) or (2.1), 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 9 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.
26(5)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a written agreement in settlement of rights arising as a consequence of marriage breakdown is entered into on or after the date on which this Act receives Royal Assent 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 marriage breakdown in accordance with the regulations and shall be divided in accordance with the written agreement.
26(5.1)Notwithstanding anything else in this Act except subsections (7) and 37(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 the commencement of this subsection 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.
26(6)Subsections (3) and (4) apply with the necessary modifications to a division of a benefit under subsection (5) or (5.1).
26(7)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.
26(8)Notwithstanding 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 fifty per cent.
26(9)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.
26(10)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.
2008, c.45, s.28
Division of benefits on breakdown of a marriage or common-law partnership
2008, c.45, s.28
26(1)In this section
“benefit” means an annual pension, a return of contributions or any supplementary allowance or supplementary payment under Part IV, 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 21(4).
26(2)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a competent tribunal makes a decree, order or judgment on or after the date on which this Act receives Royal Assent, 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.
26(2.1)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection 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.
26(3)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 (2.1) shall be dealt with in accordance with the regulations.
26(4)If a benefit has been divided under subsection (2) or (2.1), 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 9 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.
26(5)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a written agreement in settlement of rights arising as a consequence of marriage breakdown is entered into on or after the date on which this Act receives Royal Assent 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 marriage breakdown in accordance with the regulations and shall be divided in accordance with the written agreement.
26(5.1)Notwithstanding anything else in this Act except subsections (7) and 37(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 the commencement of this subsection 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.
26(6)Subsections (3) and (4) apply with the necessary modifications to a division of a benefit under subsection (5) or (5.1).
26(7)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.
26(8)Notwithstanding 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 fifty per cent.
26(9)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.
26(10)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.
2008, c.45, s.28
Division of benefits on marriage breakdown
26(1)In this section
“benefit” means an annual pension, a return of contributions or any supplementary allowance or supplementary payment under Part IV, but does not include a surviving spouse’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 21(4).
26(2)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a competent tribunal makes a decree, order or judgment on or after the date on which this Act receives Royal Assent, in relation to the division on marriage breakdown of a benefit that an active or inactive 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.
26(3)The portion of the benefit to which a spouse of an active or inactive judge is entitled under a decree, order or judgment referred to in subsection (2) shall be dealt with in accordance with the regulations.
26(4)If a benefit has been divided under subsection (2), the benefit of the active or inactive judge shall be revalued in accordance with the regulations and the spouse has no further right
(a) to a division of any other benefit of the active or inactive judge,
(b) to a surviving spouse’s pension under section 9 with respect to the active or inactive judge, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the active or inactive judge, or
(c) in relation to the Plan under this Act.
26(5)Notwithstanding anything else in this Act except subsections (7) and 37(15), if a written agreement in settlement of rights arising as a consequence of marriage breakdown is entered into on or after the date on which this Act receives Royal Assent and provides for the division on marriage breakdown of a benefit that an active or inactive judge 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.
26(6)Subsections (3) and (4) apply with the necessary modifications to a division of a benefit under subsection (5).
26(7)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.
26(8)Notwithstanding 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 an active or inactive judge by more than fifty per cent.
26(9)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.
26(10)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.