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Pension Diversion Regulations

Version of section 9 from 2006-03-22 to 2020-12-22:


 Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable at the same time as any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be governed by the following rules:

  • (a) where the relevant financial support order provides only for a lump sum payment, the amount specified in the order shall first be satisfied out of the lump sum portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and, if any amount thereof remains unsatisfied, that amount shall be treated as a new lump sum payment to be satisfied in accordance with section 37 of the Act as if the recipient’s pension benefit consisted only of periodic payments;

  • (b) where the relevant financial support order provides only for periodic payments, the payments shall be satisfied out of the periodic payments of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments; and

  • (c) where the relevant financial support order provides for both a lump sum payment and periodic payments, the lump sum payment portion shall be satisfied out of the lump sum payment portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and the periodic payments shall be satisfied out of the periodic payments portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments.

  • SOR/97-177, s. 7
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