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  1. Pension Diversion Regulations - SOR/84-48 (Section 9)
    Regulations Respecting Diversion of Pension Benefits to Satisfy Financial Support Orders

    9 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.

    [...]


  2. Pension Diversion Regulations - SOR/84-48 (Section 9)
    Pension Diversion Regulations

    9 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.

    [...]


  3. Pension Diversion Regulations - SOR/84-48 (Section 11)
    Pension Diversion Regulations

    • 11 (1) An application, pursuant to subsection 41(1) of the Act, for a variation in the amount being diverted with respect to a diversion may be made on the grounds that

      • (a) the financial support order or the statement of arrears of maintenance, alimony or support on which the diversion is based has been varied or replaced by another financial support order or statement of arrears, as the case may be, that would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations;

      • (a.1) a statement of arrears of maintenance, alimony or support has been submitted that would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations;

      • (b) there has been a change in the applicant’s or recipient’s habitual residence and that change would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations;

    • [...]

    • (3) An application referred to in subsection (1) or (2) shall be signed by or on behalf of the applicant or recipient and shall contain

      • (a) a written request for a variation in the amount being diverted or for termination of the diversion, as the case may be,

    [...]


  4. Pension Diversion Regulations - SOR/84-48 (Section 12)
    Regulations Respecting Diversion of Pension Benefits to Satisfy Financial Support Orders

    12 For the purposes of the definition net pension benefit in subsection 32(1) of the Act, the prescribed deductions shall be

    • (a) any arrears of income tax required to be retained pursuant to section 224.1 of the Income Tax Act and any amount required to be withheld as income tax in relation to a recipient domiciled outside of Canada or in relation to a lump sum payment;

    • [...]

    • (d) any amount deducted from the recipient’s pension benefit as a premium payment for a health care or hospital insurance plan;

    • (e) any amount deducted from the recipient’s pension benefit as a premium payment for a group life insurance plan listed in Schedule I; and

    [...]


  5. Pension Diversion Regulations - SOR/84-48 (Section 11)
    Regulations Respecting Diversion of Pension Benefits to Satisfy Financial Support Orders

    • 11 (1) An application, pursuant to subsection 41(1) of the Act, for a variation in the amount being diverted with respect to a diversion may be made on the grounds that

      • (a) the financial support order on which the diversion is based has been varied or replaced by another financial support order that would change the amount to be diverted as calculated in accordance with the Act and these Regulations;

      • (b) there is a change in the applicant’s or recipient’s place of ordinary residence that would change the amount to be diverted as calculated in accordance with the Act and these Regulations;

    • [...]

    • (3) An application referred to in subsection (1) or (2) shall contain

      • (a) a written request for a variation in the amount being diverted or for termination of the diversion, as the case may be,

      [...]

    [...]


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