44(1)Where a competent tribunal makes a decree, order or judgment in relation to the division of a benefit under a pension plan on the breakdown of a marriage or common-law partnership, the commuted value of the benefit shall be determined in accordance with this Act and the regulations as of the date of the breakdown of the marriage or common-law partnership and shall be divided in accordance with the decree, order or judgement of the tribunal.

44(2)The portion of the benefits to which a non-member spouse or common-law partner is entitled pursuant to a tribunal decree, order or judgement referred to in subsection (1) shall be dealt with in accordance with section 36.

44(3)If the non-member spouse or common-law partner fails to direct the administrator of the pension plan in relation to the manner in which the non-member spouse or common-law partner’s entitlement is to be dealt with under section 36, the non-member spouse or common-law partner shall be deemed to have directed the administrator to purchase a deferred life annuity.

44(4)If benefits under a pension plan have been divided in accordance with subsection (1), the non-member spouse or common-law partner has no further right under the pension plan and the member or former member’s benefits shall be revalued accordingly.

44(5)If a domestic contract provides for the division of benefits under a pension plan on the breakdown of the marriage or common-law partnership, the commuted value of the benefits shall be determined in accordance with this Act and the regulations as of the date of the breakdown of the marriage or common-law partnership and shall be divided in accordance with the domestic contract.

44(6)A division of benefits under a pension plan on the breakdown of the marriage or common-law partnership pursuant to a domestic contract shall not result in a reduction of the commuted value of a member’s or former member’s benefits by more than fifty per cent.

44(7)Subsections (2), (3) and (4) apply with the necessary modifications to a division of benefits under subsection (5).

44(8)The commuted value of benefits for the purposes of this section that are not deferred pensions shall be determined as if the member had terminated employment on the date of the breakdown of the marriage or common-law partnership.

44(9)If a competent tribunal makes a decree, order or judgment in relation to the division of a pension under a pension plan on the breakdown of a marriage or common-law partnership, the commuted value of the pension, taking into account any survivor rights under the pension plan, shall be determined in accordance with this Act and the regulations as of the date of the breakdown of the marriage or common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.

44(10)The value of the pension determined under subsection (9) that is to be attributed to the spouse or common-law partner of the former member shall be dealt with in accordance with section 36 and the spouse or common-law partner shall have no further right under the pension plan and the pension of the former member shall be revalued accordingly.

44(11)If the spouse or common-law partner of the former member fails to direct the administrator of the pension plan in relation to the manner in which the spouse or common-law partner’s entitlement is to be dealt with under section 36, the spouse or common-law partner shall be deemed to have directed the administrator to purchase a deferred life annuity.

44(12)If a domestic contract provides for the division of a pension under a pension plan on the breakdown of the marriage or common-law partnership, the commuted value of the pension, taking into account any survivor rights under the pension plan, shall be determined as of the date of the breakdown of the marriage or common-law partnership in accordance with this Act and the regulations and shall be divided in accordance with the domestic contract.

44(13)A division of a pension on the breakdown of the marriage or common-law partnership under a domestic contract shall not result in a reduction of the commuted value of a former member’s pension by more than fifty per cent.

44(14)Subsections (10) and (11) apply with the necessary modifications to a division of a pension under subsection (12).

44(15)If a member would not be entitled to a deferred pension under section 35 on termination of employment, the portion of the member’s contributions with interest to be attributed to the non-member spouse or common-law partner may be paid out in cash.

44(16)A division of benefits, including a pension, or contributions under this section applies only in relation to benefits or contributions accrued between the date of marriage or formation of the common-law partnership and the date of the breakdown of the marriage or common-law partnership.

44(17)The division of benefits, including pensions, or contributions under this section is limited by any restrictions imposed by this Act or the regulations in relation to the payment of money out of a pension fund.

44(18)Revaluation of a benefit or pension pursuant to this section shall be in accordance with the regulations.

44(1)If a court, on an application to divide marital property under the Marital Property Act or under similar legislation in another jurisdiction, makes an order in relation to benefits under a pension plan, the commuted value of the benefits shall be determined in accordance with this Act and the regulations as of the date of marriage breakdown and shall be divided in accordance with the order of the court.

44(2)The portion of the benefits to which a non-member spouse is entitled pursuant to a court order referred to in subsection (1) shall be dealt with in accordance with section 36.

44(3)If the non-member spouse fails to direct the administrator of the pension plan in relation to the manner in which the non-member spouse’s entitlement is to be dealt with under section 36, the non-member spouse shall be deemed to have directed the administrator to purchase a deferred life annuity.

44(4)If benefits under a pension plan have been divided in accordance with subsection (1), the non-member spouse has no further right under the pension plan and the member or former member’s benefits shall be revalued accordingly.

44(5)If a marriage contract or a separation agreement as defined in the Marital Property Act provides for the division of benefits under a pension plan on marriage breakdown, the commuted value of the benefits shall be determined as of the date of marriage breakdown in accordance with this Act and the regulations and shall be divided in accordance with the marriage contract or separation agreement.

44(6)A division of benefits under a pension plan on marriage breakdown pursuant to a marriage contract or a separation agreement shall not result in a reduction of the commuted value of a member’s or former member’s benefits by more than fifty per cent.

44(7)Subsections (2), (3) and (4) apply with the necessary modifications to a division of benefits under subsection (5).

44(8)The commuted value of benefits for the purposes of this section that are not deferred pensions shall be determined as if the member had terminated employment on the date of marriage breakdown.

44(9)If a court, on an application to divide marital property under the Marital Property Act or under similar legislation in another jurisdiction, makes an order in relation to a pension under a pension plan, the commuted value of the pension, taking into account any survivor rights under the pension plan, shall be determined in accordance with this Act and the regulations as of the date of marriage breakdown and shall be divided in accordance with the order of the court.

44(10)The value of the pension determined under subsection (9) that is to be attributed to the spouse of the former member shall be dealt with in accordance with section 36 and the spouse shall have no further right under the pension plan and the pension of the former member shall be revalued accordingly.

44(11)If the spouse of the former member fails to direct the administrator of the pension plan in relation to the manner in which the spouse’s entitlement is to be dealt with under section 36, the spouse shall be deemed to have directed the administrator to purchase a deferred life annuity.

44(12)If a marriage contract or a separation agreement as defined in the Marital Property Act provides for the division of a pension under a pension plan on marriage breakdown, the commuted value of the pension, taking into account any survivor rights under the pension plan, shall be determined as of the date of marriage breakdown in accordance with this Act and the regulations and shall be divided in accordance with the marriage contract or separation agreement.

44(13)A division of a pension on marriage breakdown pursuant to a marriage contract or a separation agreement shall not result in a reduction of the commuted value of a former member’s pension by more than fifty per cent.

44(14)Subsections (10) and (11) apply with the necessary modifications to a division of a pension under subsection (12).

44(15)If a member would not be entitled to a deferred pension under section 35 on termination of employment, the portion of the member’s contributions with interest to be attributed to the non-member spouse may be paid out in cash.

44(16)A division of benefits, including a pension, or contributions under this section applies only in relation to benefits or contributions accrued between the date of marriage and the date of marriage breakdown.

44(17)The division of benefits, including pensions, or contributions under this section is limited by any restrictions imposed by this Act or the regulations in relation to the payment of money out of a pension fund.

44(18)Revaluation of a benefit or pension pursuant to this section shall be in accordance with the regulations.