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Bill C-23

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	Marriage or Common-law Partnership
New relationship not to terminate pension benefit	24. A pension benefit payable to the spouse, former spouse or former common-law partner of a member or former member or to the survivor of a deceased member or former member shall not terminate by reason only that the spouse , former spouse, former common-law partner or survivor marries or enters into a common-law partnership.
	259. (1) Subsections 25(1) and (2) of the Act are replaced by the following:
Definition of ``provincial property law''	25. (1) In this section, ``provincial property law'' means the law of a province relating to the distribution, pursuant to court order or agreement between them ,
	(a) of the property of spouses on divorce, annulment or separation; or
	(b) of the property of former common-law partners on the breakdown of their common-law partnership.
Application of provincial property law	(2) Subject to this section, pension benefits, pension benefit credits and any other benefits under a pension plan shall, on divorce, annulment, separation or breakdown of common-law partnership , be subject to the applicable provincial property law.
	(2) Subsections 25(4) to (8) of the Act are replaced by the following:
Power to assign to spouse, etc.	(4) Notwithstanding anything in this section or in provincial property law, a member or former member of a pension plan may assign all or part of that person's pension benefit, pension benefit credit or other benefit under the plan to that person's spouse, former spouse, common-law partner or former common-law partner , effective as of divorce, annulment, separation, or breakdown of the common-law partnership, as the case may be , and in the event of such an assignment the assignee shall, in respect of the assigned portion of the pension benefit, pension benefit credit or other benefit, be deemed for the purpose of this Act, except subsections 21(2) to (6),
	(a) to have been a member of that pension plan, and
	(b) to have ceased to be a member of that pension plan as of the effective date of the assignment,
	but a subsequent spouse or common-law partner of the assignee is not entitled to any pension benefit, pension benefit credit or other benefit under the pension plan in respect of that assigned portion.
Duty of administrator	(5) Where, pursuant to this section, all or part of a pension benefit, pension benefit credit or other benefit under a pension plan of a member or former member is required to be distributed to their spouse, former spouse or former common-law partner under a court order or an agreement between them , the administrator, on receipt of
	(a) a written request from either the member or former member or their spouse, former spouse or former common-law partner that all or part of the pension benefit, pension benefit credit or other benefit, as the case may be, be distributed in accordance with the court order or the agreement, and
	(b) a copy of the court order or agreement,
	shall determine and henceforth administer the pension benefit, pension benefit credit or other benefit, as the case may be, in prescribed manner, in accordance with the court order or agreement. However, in the case of a court order, the administrator shall not administer the pension benefit, pension benefit credit or other benefit in accordance with the court order until all appeals therefrom have been finally determined or the time for appealing has expired.
Notice	(6) On receipt of a request referred to in subsection (5), the administrator shall notify the non-requesting spouse, former spouse or former common-law partner of the request and shall provide that person with a copy of the court order or agreement submitted in support of the request, but this requirement does not apply in respect of a request or an agreement received by the administrator in a form or manner that indicates that it was jointly submitted.
Splitting of joint and survivor pension benefit	(7) A pension plan may provide that, where, pursuant to this section, all or part of a pension benefit of a member or former member is required to be distributed to that person's spouse, former spouse or former common-law partner under a court order or agreement, a joint and survivor pension benefit may be adjusted so that it becomes payable as two separate pensions, one to the member or former member and the other to that person's spouse, former spouse or former common-law partner , if the aggregate of the actuarial present values of the two pensions is not less than the actuarial present value of the joint and survivor pension benefit.
Limitation	(8) Notwithstanding subsection (2), the aggregate of
	(a) the actuarial present value of the pension benefit or other benefit paid to the member or former member, and
	(b) the actuarial present value of the pension benefit or other benefit paid to the spouse, former spouse or former common-law partner of the member or former member
	pursuant to this section shall be not greater than the actuarial present value of the pension benefit or other benefit, as the case may be, that would have been payable to the member or former member had the divorce, annulment, separation or breakdown not occurred.
	260. Subsection 27(1) of the Act is replaced by the following:
Sex discrimina- tion prohibited	27. (1) The sex of a member or former member or of their spouse, former spouse, common-law partner or former common-law partner may not be taken into account in determining
	(a) the amount of any contribution required to be paid by the member under a pension plan after December 31, 1986; or
	(b) the amount of any benefit to which any of those persons becomes entitled under the plan after December 31, 1986.
	261. Subsection 29(7) of the Act is replaced by the following:
Assets of the plan	(7) On the termination or winding-up of the whole of a pension plan, no part of the assets of the plan shall revert to the benefit of the employer until the Superintendent's consent has been obtained and provision has been made for the payment to members and former members and their spouses, common-law partners , beneficiaries, estates or successions of all accrued or payable benefits in respect of membership up to the date of the termination or winding-up and, for that purpose, those benefits shall be treated as vested without regard to conditions as to age, period of membership in the plan or period of employment.
	262. Paragraph 36(3)(b) of the Act is replaced by the following:
	(b) is made under subsection 25(4) pursuant to a written agreement.
Replacement of ``spouse'' with ``spouse or common-law partner''	263. The Act is amended by replacing ``spouse'', ``spouse's'' and ``spouses'' with ``spouse or common-law partner'', ``spouse's or common-law partner's'' and ``spouses or common-law partners'', respectively, in the following provisions:
	(a) paragraph 18(1)(b);
	(b) subsections 22(2) and (3);
	(c) subsection 22(5); and
	(d) paragraphs 28(1)(a) to (d).
Replacement of ``surviving spouse'' with ``survivor''	264. The Act is amended by replacing ``surviving spouse'' and ``surviving spouse's'' with ``survivor'' and ``survivor's'', respectively, in the following provisions:
	(a) subsections 23(1) and (2);
	(b) subsection 23(4);
	(c) subsections 23(6) and (7); and
	(d) subsections 26(1) to (3).
R.S., c. P-8	PENSION FUND SOCIETIES ACT
	265. *The heading before section 2 of the French version of the Pension Fund Societies Act* is replaced by the following:**
	Définitions
	266. Section 2 of the Act is replaced by the following:
Definitions	2. The definitions in this section apply in this Act.
``parent corporation'' « personne morale mère »	``parent corporation'' means the corporation any of whose officers establish or take proceedings to establish a pension fund society under this Act.
``relative'' « parent »	``relative, in relation to an officer or employee, includes a relative of the survivor of the officer or employee.
``survivor'' « survivant »	``survivor'', in relation to an officer or employee, means their spouse or a person who was cohabiting with the officer or employee in a conjugal relationship for a period of at least one year immediately before the death of the officer or employee.
	267. Paragraph 10(b) of the Act is replaced by the following:
	(b) on the death of those officers or employees, pay annuities or gratuities to their survivors and minor children, or other relatives, in such manner as may be specified by the by-laws of the society.
	268. Paragraph 11(1)(d) of the Act is replaced by the following:
	(d) the survivors and minor children , or other relatives, of those officers and employees; and
	269. Section 12 of the Act is replaced by the following:
Powers	12. All the powers, authority, rights, penalties and forfeitures whatever in the premises, whether of the pension fund society, of the individual members thereof, of the officers and employees thereof or of their survivors, minor children and relatives, or of the parent corporation, shall be such as are defined and limited by the by-laws of the society and may be exercised and enforced in the manner prescribed by those by-laws.
	270. Paragraph 17(1)(b) of the Act is replaced by the following:
	(b) on the death of those officers or employees, pay annuities or gratuities to their survivors and minor children, or other relatives, in such manner as may be specified by the by-laws of the society.
R.S., c. 13 (2nd Supp.)	PUBLIC PENSIONS REPORTING ACT
Replacement of ``spouses allowances'' with ``allowances''	*271. The Public Pensions Reporting Act* is amended by replacing ``spouses allowances'' with ``allowances'' in subsection 5(3).**
R.S., c. P-33	PUBLIC SERVICE EMPLOYMENT ACT
	272. *Subsection 2(1) of the Public Service Employment Act* is amended by adding the following in alphabetical order:**
``common-la w partner'' « conjoint de fait »	``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;
1992, c. 54, s. 13	273. Paragraph 16(4)(b) of the Act is replaced by the following:
	(b) persons who do not come within paragraph (a) and who are veterans as defined in Schedule II or survivors of veterans as defined in Schedule II, or
1992, c. 54, s. 30(2)	274. (1) The definition ``widow or widower of a veteran'' in section 1 of Schedule II to the Act is repealed.
	(2) Section 1 of Schedule II to the Act is amended by adding the following in alphabetical order:
``survivor of a veteran'' « survivant d'un ancien combattant »	``survivor of a veteran'' means the surviving spouse or surviving common-law partner of a person who, being a veteran, died from causes arising during the service by virtue of which the person became a veteran;
R.S., c. P-36	PUBLIC SERVICE SUPERANNUATION ACT
1992, c. 46, s. 10	275. *Section 13.1 of the Public Service Superannuation Act* is replaced by the following:**
Election for contributors	13.1 (1) If the person to whom a contributor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor's death, the contributor may elect, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2 ).
Payment	(2 ) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor's death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor's death.
No entitlement	(3) A person who is entitled to receive an annual allowance under section 25 after the contributor's death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor.
1992, c. 46, s. 17	276. (1) Subsection 32(1) of the Act is replaced by the following:
Diversion of payments to satisfy financial support order	32. (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.
1999, c. 34, s. 82	(2) Subsection 32(4) of the Act is repealed.
1992, c. 46, s. 22	277. Paragraphs 42.1(1)(j) to (l) of the Act are replaced by the following:
	(j) respecting the election that may be made under section 13.1, including regulations respecting
	(i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked,
	(ii) the reduction to be made in the amount of an annuity or annual allowance when an election is made,
	(iii) the amount of the immediate annual allowance to be paid under subsection 13.1(2), and
	(iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 13.1;

Bill C-23

Marriage or Common-law Partnership

PENSION FUND SOCIETIES ACT

Définitions

PUBLIC PENSIONS REPORTING ACT

PUBLIC SERVICE EMPLOYMENT ACT

PUBLIC SERVICE SUPERANNUATION ACT