89.1. Where a member’s pension has been established having regard to the right of the member’s spouse to a pension under section 87 and the spouse’s right is terminated pursuant to section 89, the member is entitled, on request to the pension committee, to a pension redetermination as of the effective date of the judgment granting the separation from bed and board, the divorce or the annulment of marriage, as of the date of dissolution of the civil union or as of the date of the cessation of the conjugal relationship. The redetermined pension shall be in the same amount and have the same characteristics as the pension that would be payable to the member at the date of redetermination had the member not had a spouse on the date the payment of the pension began.
Unless the pension committee has received the notice provided for in section 89, it must also redetermine the member’s pension if the benefits accrued to the member under the plan are partitioned, pursuant to section 107 or 110, subsequent to the first payment to the member of a pension established having regard to the spouse’s right to a pension under section 87.
The redetermination of a pension under this section cannot alone operate to reduce the amount of a pension paid to the member.
2000, c. 41, s. 52; 2002, c. 6, s. 196.