Acts and Regulations

P-26 - Public Service Superannuation Act

Section 19
Disposition versions

Full text
Protection of interests and rights
19(1)Subject to subsection (2), the interest or right of any person in the Superannuation Account and his or her entitlement to any benefit under this Act are not subject to garnishment, attachment, seizure or any legal process except in respect of a failure by that person to account for public money.
19(2)A benefit paid out of the Superannuation Account, other than a benefit referred to in section 20, is subject to garnishment, attachment, seizure or any legal process in satisfaction of an order for support or maintenance made in favour of a spouse, common-law partner or child and enforceable in the Province, whether the order is made before, on or after the commencement of this subsection, to a maximum of 50% of the benefit.
19(3)If a benefit has been divided between a contributor and his or her spouse or common-law partner under section 19.1, then subsection (2) does not apply to any order for support or maintenance made in favour of that spouse or common-law partner.
19(4)Subsection (3) applies whether the benefit is divided before, on or after the commencement of subsection (3) and whether the order is made before, on or after the commencement of subsection (3).
19(5)The interest or right of any person in the Superannuation Account and his or her entitlement to any benefit under this Act are not capable of being assigned, charged, anticipated, given as security or surrendered.
19(6)For the purposes of subsection (5),
(a) assignment does not include
(i) assignment pursuant to a decree, order or judgment made by a competent tribunal on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a contributor or former contributor is or may be entitled to under this Act,
(ii) assignment pursuant to a decree, order or judgment made by a competent tribunal on or after the commencement of this subparagraph in relation to the division, on the breakdown of a common-law partnership, of a benefit that a contributor or former contributor is or may be entitled under this Act,
(iii) assignment pursuant to a written agreement entered into on or after January 1, 1997, in settlement of rights arising as a consequence of the breakdown of a marriage between a contributor and the contributor’s spouse or former spouse,
(iv) assignment pursuant to a written agreement, entered into on or after the commencement of this subparagraph in settlement of rights arising as a consequence of the breakdown of a common-law partnership between a contributor and the contributor’s common-law partner or former common-law partner, or
(v) assignment by the legal representative of a deceased contributor on the distribution of the contributor’s estate, and
(b) surrender does not include a reduction in benefits to avoid the revocation of the registration of the pension plan provided for in this Act.
1966, c.23, s.19; 2008, c.16, s.13; 2008, c.45, s.31
Protection of interests and rights
19(1)Subject to subsection (2), the interest or right of any person in the Superannuation Account and his or her entitlement to any benefit under this Act are not subject to garnishment, attachment, seizure or any legal process except in respect of a failure by that person to account for public money.
19(2)A benefit paid out of the Superannuation Account, other than a benefit referred to in section 20, is subject to garnishment, attachment, seizure or any legal process in satisfaction of an order for support or maintenance made in favour of a spouse or child and enforceable in the Province, whether the order is made before, on or after the commencement of this subsection, to a maximum of 50% of the benefit.
19(3)If a benefit has been divided between a contributor and his or her spouse under section 19.1, then subsection (2) does not apply to any order for support or maintenance made in favour of that spouse.
19(4)Subsection (3) applies whether the benefit is divided before, on or after the commencement of subsection (3) and whether the order is made before, on or after the commencement of subsection (3).
19(5)The interest or right of any person in the Superannuation Account and his or her entitlement to any benefit under this Act are not capable of being assigned, charged, anticipated, given as security or surrendered.
19(6)For the purposes of subsection (5),
(a) assignment does not include
(i) assignment pursuant to a decree, order or judgment made by a competent tribunal on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a contributor or former contributor is or may be entitled to under this Act,
(ii) assignment pursuant to a written agreement, entered into on or after January 1, 1997, in settlement of rights arising as a consequence of the breakdown of a marriage between a contributor and the contributor’s spouse or former spouse, or
(iii) assignment by the legal representative of a deceased contributor on the distribution of the contributor’s estate, and
(b) surrender does not include a reduction in benefits to avoid the revocation of the registration of the pension plan provided for in this Act.
1966, c.23, s.19; 2008, c.16, s.13
Non-assignability and freedom from legal process of account
19The interest of any person in the Superannuation Account and his entitlement to any benefit under this Act is not subject to garnishment, attachment, seizure or any legal process, except in respect of a charge of failure to account for public money, and any such interest or benefit is not assignable.
1966, c.23, s.19