Volume 2 Proposed Statute Changes |
Current Act: | should read | Proposed Act: |
Definitions
1(1) In this Act "common-law partner" of a member or former member means a person who, not being married to the member or former member, cohabited with him or her in a conjugal relationship (a)for a period of at least 3 years; if either of them is married, or (b) for a period of at least one year, if neither of them is married. |
Definitions
1(1) In this Act "common-law partner" of a member or former member means a person who, not being married to the member or former member, cohabited with him or her in a conjugal relationship
(a) for a period of not less than 3 years, or (a)for a period of at least one year and they are together the parents of a child. |
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Division of pension benefits on marriage breakup
31(2) Subject to subsections (3) to (8), where (a)pursuant to an order of the Court of Queen's Bench made under The Marital Property Act, family assets of a person are required to be divided; or (b)pursuant to a written agreement between spouses, family assets of the spouses are divided between the spouses; or (c)pursuant to a written agreement between two persons who have been parties to a common-law relationship and who have terminated the relationship, assets which, if the parties had been spouses, would have been family assets of the parties, are divided between the parties; the pension benefit credit of the spouses or the parties, as the case may be, in a pension plan, or any payments due to them under a pension plan, shall be divided between them, and the division shall be made in the manner prescribed in the regulations notwithstanding that the order or the agreement, as the case may be, may require the division to be made in a different manner. |
Division of pension benefits on 31(2) Subject to subsections (3) to (8), where (a)pursuant to an order of the Court of Queen's Bench made under The (b)pursuant to a written agreement between spouses or common-law partners, family assets of the spouses or common-law partners are divided between the spouses or common-law partners; or (c) the pension benefit credit of the spouses or the |
Current Act: | should read | Proposed Act: |
Effective date of subsection (2)
31(3) Subsection (2) does not apply except in the case of (a)spouses; or (b)parties to a common-law relationship; as the case may be, who began living separate and apart from each other after December 31, 1983. |
Effective date of subsection (2)
31(3) Subsection (2) does not apply except in the case of (a)spouses who began living separate and apart from each other after December 31, 1983; or (b)
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Current Act: | should read | Proposed Act: |
Common-law parties - opting in
31(5) Subsection (2) does not apply to a pension plan in the case of persons who are parties to a common-law relationship unless the party who is a member of the pension plan makes and executes a written declaration, in the form prescribed therefore in the regulations, (a)Identifying the other party and showing that the other party is his or her common-law partner within the meaning of the definition of that term in subsection 1(1); (b)Specifying the commencement date of the common-law relationship; and Stating that subsection (2) shall apply to the pension plan. |
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Filing of declaration or agreement
31(8) A declaration or agreement under subsection (5), (6) or (7) shall be filed with the administrator of the affected pension plan, but the declaration under subsection (5) is of no force or effect unless it is so filed before the member making the declaration receives any payments under the pension plan. |
Filing of 31(8) A declaration or agreement under subsection |
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. - Volume 2 Proposed Changes to the Pension Benefits Act |
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Municipal Council Conflict of Interest Act | Powers of Attorney Act |
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C. |