Division of benefits on breakdown of a marriage or common-law partnership
17.3(1)Notwithstanding 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 judge, or a former 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.
17.3(1.1)Notwithstanding any other provision of this Act, where 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, or a former 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.
17.3(2)The portion of the benefit to which the spouse or common-law partner of a judge, or of a former judge, is entitled under a decree, order or judgment referred to in subsection (1) or (1.1) shall be dealt with in accordance with the regulations.
17.3(3)If a benefit has been divided under subsection (1) or (1.1), the spouse or common-law partner has no further right
(a)
to a division of any other benefit of the judge, or former judge,
(b)
to a surviving spouse’s annuity or surviving common-law partner’s annuity under section 15 with respect to the judge, or the former 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 the former judge, or
(c)
in relation to the pension trust fund referred to in section 17.1 as it existed before the date on which the
Provincial Court Judges’ Pension Act received Royal Assent, or to the Fund referred to in that Act,
and the benefit of the judge, or of the former judge, shall be revalued in accordance with the regulations.
17.3(4)Notwithstanding any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of marriage breakdown is entered into on or after January 1, 1997, and provides for the division on marriage breakdown of a benefit that a judge, or a former 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.
17.3(4.1)Notwithstanding any other provision of this Act, where 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, or a former 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.
17.3(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4) or (4.1).
17.3(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a judge, or of a former judge, by more than fifty per cent.
17.3(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 or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.
17.3(8)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 pension trust fund referred to in section 17.1 as it existed before the date on which the
Provincial Court Judges’ Pension Act received Royal Assent, or out of the Fund referred to in that Act.
1997, c.56, s.3; 1998, c.35, s.3; 2000, c.P-21.1, s.39; 2008, c.45, s.26