Canada Pension Plan

Marginal note:Assignment of retirement pension to spouse or common-law partner

• 65.1 (1) Notwithstanding subsection 65(1) but subject to this section, the Minister may approve the assignment of a portion of a contributor’s retirement pension to the contributor’s spouse or common-law partner, on application in prescribed manner and form by the contributor or the spouse or common-law partner, if the circumstances described in either subsection (6) or (7) exist.

• (2) [Repealed, 2000, c. 12, s. 52]

• Marginal note:Agreement or court order not binding on Minister

  (3) Except as provided in subsection (4), where, on or after June 4, 1986, a written agreement between persons subject to an assignment under this section was entered into, or a court order was made, the provisions of that agreement or court order are not binding on the Minister for the purposes of an assignment under this section.

• Marginal note:Agreement binding on Minister

  (4) Where

  • (a) a written agreement between persons subject to an assignment under this section entered into on or after June 4, 1986 contains a provision that expressly mentions this Act and indicates the intention of the persons that there be no assignment under this section,

  • (b) that provision of the agreement is expressly permitted under the provincial law that governs such agreements,

  • (c) the agreement was entered into before the day of the application for the assignment, and

  • (d) that provision of the agreement has not been invalidated by a court order,

  that provision of the agreement is binding on the Minister and, consequently, the Minister shall not approve an assignment under this section.

• Marginal note:Minister to notify parties

  (5) The Minister shall, forthwith after receiving an application from one spouse or from one common-law partner for an assignment under this section, notify the other spouse or common-law partner, in prescribed manner, that such an application has been made, and of such other information as the Minister deems necessary.

• Marginal note:Double assignment

  (6) Where

  • (a) a retirement pension is payable to both spouses or to both common-law partners under this Act, or

  • (b) a retirement pension is payable to one spouse or to one common-law partner under this Act and a retirement pension is payable to the other spouse or common-law partner under a provincial pension plan and an agreement under section 80 provides for an assignment in this circumstance,

  the assignment shall be made in respect of both retirement pensions and, in the case described in paragraph (b), in accordance with the agreement.

• Marginal note:Single assignment

  (7) Where, in respect of spouses or common-law partners,

  • (a) one is a contributor under this Act and the other is not a contributor under either this Act or a provincial pension plan,

  • (b) a retirement pension is payable under this Act to the contributor, and

  • (c) the non-contributor has reached sixty years of age,

  the assignment shall be made only in respect of the retirement pension of the contributor.

• Marginal note:Definitions

  (8) In subsection (9),

  joint contributory period

  période cotisable conjointe

  joint contributory period means the period commencing on January 1, 1966 or with the month in which the elder of the two spouses or of the two common-law partners reaches eighteen years of age, whichever is later, and ending

  • (a) where both spouses or common-law partners are contributors, with the month in which the later of their respective contributory periods ends, or

  • (b) where only one spouse or common-law partner is a contributor, with the later of

    • (i) the month in which the contributor’s contributory period ends, and

    • (ii) the earlier of the month in which the non-contributor reaches seventy years of age and the month in which an application for an assignment of a retirement pension is approved,

  but excluding, where subsection (6) applies, any month that is excluded from the contributory period of both spouses or common-law partners pursuant to paragraph 49(c) or (d); (période cotisable conjointe)

  period of cohabitation

  période de cohabitation

  period of cohabitation has the prescribed meaning, but in all cases shall be deemed to end with the month in which the joint contributory period ends. (période de cohabitation)

• Marginal note:Portion of pension assignable

  (9) The portion of a contributor’s retirement pension to be assigned to the contributor’s spouse or common-law partner under this section is an amount calculated by multiplying

  • (a) the amount of the contributor’s retirement pension, calculated in accordance with sections 45 to 53,

  by

  • (b) fifty per cent of the ratio that the number of months in the period of cohabitation bears to the number of months in the joint contributory period.

• Marginal note:When assignment commences

  (10) An assignment under this section commences with the month following the month in which the application for the assignment is approved.

• Marginal note:When assignment ceases

  (11) An assignment under this section ceases with the earliest of

  • (a) the month in which either spouse or either common-law partner dies,

  • (b) the twelfth month following the month in which the spouses or the common-law partners commence to live separate and apart within the meaning of paragraphs 55.1(2)(a) and (b) (and in those paragraphs a reference to “persons subject to a division” shall be read as a reference to “spouses or common-law partners”),

  • (c) where subsection (7) applies, the month in which the non-contributor spouse or the non-contributor common-law partner becomes a contributor,

  • (d) the month in which a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage is issued, and

  • (e) the month following the month in which the Minister approves a request or requests in writing from both spouses or both common-law partners that the assignment be cancelled.

• Marginal note:Request for reinstatement

  (11.1) Where paragraph (11)(e) applies, either spouse or either common-law partner may make a request in writing to the Minister to have the assignment reinstated.

• Marginal note:When reinstatement effective

  (11.2) An assignment shall be reinstated on the first day of the month following the month in which the Minister approves the request referred to in subsection (11.1).

• Marginal note:Notification of assignment

  (12) On approval by the Minister of an assignment under this section, both spouses or both common-law partners shall be notified in the prescribed manner.