Acts and Regulations

P-26 - Public Service Superannuation Act

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Division of benefits on breakdown of a marriage or common-law partnership
19.1(1)Notwithstanding section 19 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 contributor, or a former contributor, 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.
19.1(1.1)Notwithstanding section 19 and 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 contributor, or a former contributor, 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.
19.1(2)The portion of the benefit to which the spouse or common-law partner of a contributor, or of a former contributor, 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.
19.1(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 contributor, or the former contributor,
(b) to a surviving spouse’s pension or surviving common-law partner’s pension with respect to the contributor, or the former contributor, 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 contributor, or the former contributor, or
(c) in relation to the pension trust fund under this Act,
and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.
19.1(4)Notwithstanding section 19 and 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 contributor, or a former contributor, 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.
19.1(4.1)Notwithstanding section 19 and 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 contributor, or a former contributor, 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.
19.1(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4) or (4.1).
19.1(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a contributor, or of a former contributor, by more than fifty per cent.
19.1(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.
19.1(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 under this Act.
19.1(9)Repealed: 2008, c.45, s.31
1997, c.56, s.4; 1998, c.35, s.4; 1999, c.14, s.6; 2008, c.45, s.31
Division of benefits on marriage breakdown
19.1(1)Notwithstanding section 19 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 contributor, or a former contributor, 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.
19.1(2)The portion of the benefit to which a spouse of a contributor, or of a former contributor, is entitled to under a decree, order or judgment referred to in subsection (1) shall be dealt with in accordance with the regulations.
19.1(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 contributor, or the former contributor,
(b) to a surviving spouse’s pension with respect to the contributor, or the former contributor, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the contributor, or the former contributor, or
(c) in relation to the pension trust fund under this Act,
and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.
19.1(4)Notwithstanding section 19 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 contributor, or a former contributor, 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.
19.1(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4).
19.1(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a contributor, or of a former contributor, by more than fifty per cent.
19.1(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.
19.1(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 under this Act.
19.1(9)This section applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1997, c.56, s.4; 1998, c.35, s.4; 1999, c.14, s.6