158.3. A retirement pension may be partitioned between the beneficiary and the beneficiary’s spouse
(1) if they are married and not legally separated from bed and board or if they are in a civil union, upon written application by either of them ;
(2) if neither the beneficiary nor the beneficiary’s spouse of the opposite or the same sex is married to or in a civil union with another person and they have been living in a de facto union for at least three years or, in the cases mentioned in subparagraph b of the first paragraph of section 91, for at least one year, upon written application made jointly, or
(3) if the beneficiary’s spouse satisfies one of the following conditions :
(a) he is the beneficiary of a retirement pension payable under this Act;
(b) he is the beneficiary of a retirement pension payable under a similar plan, and an agreement entered into with the authority which administers that plan permits such a partition;
(c) he has reached 60 years of age and is not a contributor within the meaning of paragraph l of section 1 or a similar plan.
Any partition made in favour of a spouse to whom subparagraph a or b of subparagraph 3 of the first paragraph applies entails the partition of the spouse’s own pension ; in the case of subparagraph b, partition is effected in accordance with the agreement referred to therein.
1993, c. 15, s. 61; 1997, c. 73, s. 65; 1999, c. 14, s. 19; 2002, c. 6, s. 170.