40.1(1)Notwithstanding section 12, a pension plan may include a provision permitting a member who is entitled to a pension under section 39 or 40 to require the administrator to transfer an amount from the pension fund to a registered retirement income fund as defined in the
Income Tax Act (Canada), but the pension plan shall not permit a transfer of more than twenty-five per cent of the commuted value of the member’s pension benefit.