C-52.1, r. 1 - Regulation respecting the partition and assignment of benefits accrued under the pension plan of the Members of the National Assembly

Section 16 Disposition versions

2012-09-01

16. If the amount paid to the spouse derives from an entitlement to a refund of contributions or a retirement pension payment of which is deferred to age 60, to the date determined under subparagraph a of subparagraph 1 of the first paragraph of section 3 or to the date determined under subparagraph a of subparagraph 1 of the fourth paragraph of section 3, the benefits of the Member or former Member are established in accordance with the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) and recalculated as follows:

(1)  where the Member or former Member is entitled to a refund of contributions or the payment of the actuarial value of his or her reduced retirement pension, the amount of the refund or the amount of the payment is reduced by the sums awarded to the spouse at the date of assessment with interest compounded annually at the rate determined for each period under Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and accrued from the date of assessment to the date on which the refund or payment is made;

(2)  where the Member or former Member is entitled to a retirement pension, the pension is reduced, from the date on which it becomes payable or from the date of the payment to the spouse if the retirement pension is being paid at that date, by the amount of pension that would be obtained on the basis of the sums awarded to the spouse at the date of assessment.

Decision 1611-1, s. 16.