R-17.0.1 - Voluntary Retirement Savings Plans Act

Section 78 Disposition versions

2016-01-01

78. The rules governing the partition of the member’s benefits from both the locked-in and the not locked-in accounts are determined by regulation.

In the case of the partition of the member’s benefits or to pay a compensatory allowance,

(1)  the benefits awarded to the spouse from the member’s locked-in account must, except in the cases determined by regulation, remain locked in, even when the benefits are transferred to a pension plan determined by regulation; and

(2)  the benefits awarded to the spouse from the member’s not locked-in account may be transferred to a pension plan determined by regulation or refunded, in accordance with the conditions determined by regulation.

However, the benefits awarded to the spouse following a seizure for non-payment of support in accordance with articles 694 and following of the Code of Civil Procedure (chapter C-25.01) must be paid in a lump sum, in the manner determined by regulation.

2013, c. 26, s. 78; I.N. 2014-10-01; I.N. 2016-01-01 (NCCP).

2014-10-01

78. The rules governing the partition of the member’s benefits from both the locked-in and the not locked-in accounts are determined by regulation.

In the case of the partition of the member’s benefits or to pay a compensatory allowance,

(1)  the benefits awarded to the spouse from the member’s locked-in account must, except in the cases determined by regulation, remain locked in, even when the benefits are transferred to a pension plan determined by regulation; and

(2)  the benefits awarded to the spouse from the member’s not locked-in account may be transferred to a pension plan determined by regulation or refunded, in accordance with the conditions determined by regulation.

However, the benefits awarded to the spouse following a seizure for non-payment of support in accordance with the second paragraph of article 553 of the Code of Civil Procedure (chapter C-25) must be paid in a lump sum, in the manner determined by regulation.

2013, c. 26, s. 78; I.N. 2014-10-01.

2014-07-01

78. The rules governing the partition of the member’s benefits from both the locked-in and the not locked-in accounts are determined by regulation.

In the case of the partition of the member’s benefits or to pay a compensatory allowance,

(1)  the benefits awarded to the spouse from the member’s locked-in account must, except in the cases determined by regulation, remain locked in, even when the benefits are transferred to a pension plan determined by regulation; and

(2)  the benefits awarded to the spouse from the member’s not locked-in account may be transferred to a pension plan determined by regulation or refunded, in accordance with the conditions determined by regulation.

However, the benefits awarded to the spouse following a seizure for non-payment of support in accordance with the fourth paragraph of article 553 of the Code of Civil Procedure (chapter C-25) must be paid in a lump sum, in the manner determined by regulation.

2013, c. 26, s. 78.