56.0.6. The benefits allocated to the spouse may be paid without taking into account the conditions or time periods that affect the member’s benefits. Such payment reduces the member’s benefits in the following manner:
(1) where the benefits attributed to the spouse are paid from capital benefits, the value of the capital benefits is reduced by the amount paid;
(2) where the benefits attributed to the spouse are paid from pension benefits:
– any retirement, disability or replacement pension that is in payment on the date referred to in section 56.0.2 is reduced in proportion to the amount paid to the spouse over the value of the pension being paid on that date;
— any retirement, disability or replacement pension of which payment begins after the date referred to in section 56.0.2 must be reduced by the amount referred to in section 56.0.3 or, where the payment of the pension begins on a date other than the date of the normal retirement age, by a sum equal to the amount of the payment to the spouse;
– any other pension benefit, except for a phased retirement benefit or a benefit referred to in section 69.1 of the Act or in section 16.2, as well as any benefit or refund that must be paid or transferred must be reduced, up to its amount or value, by the amount referred to in section 56.0.3 or its value.
For the purposes of subparagraph 2 of the first paragraph, the amount referred to in section 56.0.3 must be adjusted, in accordance with the rules provided for under the second and third paragraphs of section 55, to take into account any change to the normal pension registered or taking effect after the date referred to in section 56.0.2 that would have had an effect on the value of the benefits of the member at that date.
Furthermore, where the pension amounts were received between the date referred to in section 56.0.2 and the date of the seizure, the pension paid on the latter date must be reduced in proportion to the accrued value of the overpayment by the value of the pension paid, the values having been determined using the assumptions provided for in the second paragraph of section 37.
The pension plan may provide for reducing the member’s benefits in a different manner, provided that manner leads to a lesser reduction of such benefits.
O.C. 173-2002, s. 47; O.C. 1073-2009, s. 40; O.C. 1183-2017, s. 3214.