I-3 - Taxation Act

Section 965.0.35 Disposition versions

2022-06-08

965.0.35. An amount is transferred from a member’s account under a pooled registered pension plan in accordance with this section if

(a)  the amount is a single amount;

(b)  the amount is transferred on behalf of an individual

i.  who is the member,

ii.  who is a spouse or former spouse of the member and who is entitled to the amount under a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a partition of property between the member and the individual, in settlement of rights arising out of, or on the breakdown of, their marriage, or

iii.  who is entitled to the amount as a consequence of the death of the member and was a spouse of the member immediately before the death; and

(c)  the amount is transferred directly to

i.  the individual’s account under the plan,

ii.  another pooled registered pension plan in respect of the individual,

iii.  a registered pension plan for the benefit of the individual,

iv.  a registered retirement savings plan or registered retirement income fund under which the individual is the annuitant, within the meaning of paragraph b of section 905.1 or paragraph d of section 961.1.5, as the case may be,

v.  a licensed annuities provider to acquire a qualifying annuity for the individual, or

vi.  a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the member.

2015, c. 21, s. 351; 2021, c. 18, s. 75; 2022, c. 23, s. 87.

2021-06-04

965.0.35. An amount is transferred from a member’s account under a pooled registered pension plan in accordance with this section if

(a)  the amount is a single amount;

(b)  the amount is transferred on behalf of an individual

i.  who is the member,

ii.  who is a spouse or former spouse of the member and who is entitled to the amount under a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a partition of property between the member and the individual, in settlement of rights arising out of, or on the breakdown of, their marriage, or

iii.  who is entitled to the amount as a consequence of the death of the member and was a spouse of the member immediately before the death; and

(c)  the amount is transferred directly to

i.  the individual’s account under the plan,

ii.  another pooled registered pension plan in respect of the individual,

iii.  a registered pension plan for the benefit of the individual,

iv.  a registered retirement savings plan or registered retirement income fund under which the individual is the annuitant, within the meaning of paragraph b of section 905.1 or paragraph d of section 961.1.5, as the case may be, or

v.  a licensed annuities provider, within the meaning of section 965.0.1, to acquire a qualifying annuity for the individual.

2015, c. 21, s. 351; 2021, c. 18, s. 75.

2015-10-21

965.0.35. An amount is transferred from a member’s account under a pooled registered pension plan in accordance with this section if

(a)  the amount is a single amount;

(b)  the amount is transferred on behalf of an individual

i.  who is the member,

ii.  who is a spouse or former spouse of the member and who is entitled to the amount under a decree, order or judgment of a competent tribunal, or under a written separation agreement, relating to a partition of property between the member and the individual, in settlement of rights arising out of, or on the breakdown of, their marriage, or

iii.  who is entitled to the amount as a consequence of the death of the member and was a spouse of the member immediately before the death; and

(c)  the amount is transferred directly to

i.  the individual’s account under the plan,

ii.  another pooled registered pension plan in respect of the individual,

iii.  a registered pension plan for the benefit of the individual,

iv.  a registered retirement savings plan or registered retirement income fund under which the individual is the annuitant, within the meaning of paragraph b of section 905.1 or paragraph d of section 961.1.5, as the case may be, or

v.  a licensed annuities provider, within the meaning of section 965.0.1, to acquire a qualifying annuity for the individual.

2015, c. 21, s. 351.