R-15.1 - Supplemental Pension Plans Act

Section 110 Disposition versions

2016-01-01

110. In the event of cessation of conjugal relationship between a spouse, within the meaning of subparagraph 2 of the first paragraph of section 85, and a member of the plan, the member and spouse may, in the ensuing year, agree in writing to a partition of the benefits accumulated by the member under the pension plan; such an agreement cannot, however, confer on the spouse more than 50% of the value of such benefits.

For that purpose, the member and the spouse shall be entitled to obtain, upon application in writing to the pension committee, the statement described in section 108 and established at the date on which they ceased to live together in a conjugal relationship.

An agreement under the first paragraph may also apply to the amounts transferred to another pension plan pursuant to section 98.

Section 109 applies to benefits conferred on the spouse pursuant to an agreement referred to above. In addition, articles 694 and following of the Code of Civil Procedure (chapter C-25.01) apply, with the necessary modifications, to the partition of benefits agreed upon between the spouses for the purposes of this section.

1989, c. 38, s. 110; 2000, c. 41, s. 70; I.N. 2016-01-01 (NCCP).

2001-01-01

110. In the event of cessation of conjugal relationship between a spouse, within the meaning of subparagraph 2 of the first paragraph of section 85, and a member of the plan, the member and spouse may, in the ensuing year, agree in writing to a partition of the benefits accumulated by the member under the pension plan; such an agreement cannot, however, confer on the spouse more than 50% of the value of such benefits.

For that purpose, the member and the spouse shall be entitled to obtain, upon application in writing to the pension committee, the statement described in section 108 and established at the date on which they ceased to live together in a conjugal relationship.

An agreement under the first paragraph may also apply to the amounts transferred to another pension plan pursuant to section 98.

Section 109 applies to benefits conferred on the spouse pursuant to an agreement referred to above. In addition, the last paragraph of article 553 of the Code of Civil Procedure (chapter C‐25) applies, with the necessary modifications, to the partition of benefits agreed upon between the spouses for the purposes of this section.

1989, c. 38, s. 110; 2000, c. 41, s. 70.

1990-09-01

110. In the event of cessation of conjugal relationship between a spouse, within the meaning of subparagraph 2 of the first paragraph of section 85, and a member of the plan, the member and spouse may, within six months, agree in writing to a partition of the benefits accumulated by the member under the pension plan; such an agreement cannot, however, confer on the spouse more than 50 % of the value of such benefits.

For that purpose, the member and the spouse shall be entitled to obtain, upon application in writing to the pension committee, the statement described in section 108 and established at the date on which they ceased to live together in a conjugal relationship.

Section 109 applies to benefits conferred on the spouse pursuant to an agreement referred to above. In addition, the last paragraph of article 553 of the Code of Civil Procedure (chapter C-25), adapted as required, applies to the partition of benefits agreed upon between the spouses for the purposes of this section.

1989, c. 38, s. 110.