Canada Pension Plan

55.2 (1) [Repealed, 2000, c. 12, s. 48]

Marginal note:Agreement or court order not binding on Minister

(2) Except as provided in subsection (3), where, on or after June 4, 1986, a written agreement between persons subject to a division under section 55 or 55.1 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 a division of unadjusted pensionable earnings under section 55 or 55.1.

Marginal note:Agreement binding on Minister

(3) Where

• (a) a written agreement between persons subject to a division under section 55 or 55.1 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 division of unadjusted pensionable earnings under section 55 or 55.1,

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

• (c) the agreement was entered into

  • (i) in the case of a division under section 55 or paragraph 55.1(1)(b) or (c), before the day of the application for the division, or

  • (ii) in the case of a division under paragraph 55.1(1)(a), before the issuance of the decree absolute of divorce, the judgment granting a divorce under the Divorce Act or the judgment of nullity of the marriage, as the case may be, 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 make a division under section 55 or 55.1.

Marginal note:Minister to notify parties

(4) The Minister shall, forthwith after being informed of a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage or after receiving an application under section 55 or paragraph 55.1(1)(b) or (c), notify each of the persons subject to the division, in prescribed manner, of the periods of unadjusted pensionable earnings to be divided, and of such other information as the Minister deems necessary.

Marginal note:Division of unadjusted pensionable earnings

(5) Where there is a division under section 55.1, the unadjusted pensionable earnings for each person subject to the division for the period of cohabitation attributable to contributions made under this Act, determined in the same manner as the total pensionable earnings attributable to contributions made under this Act are determined in section 78, shall be added and then divided equally, and the unadjusted pensionable earnings so divided shall be attributed to each person.

Marginal note:Effect of division

(6) Where there is a division under section 55.1 and under a provincial pension plan, for the purposes of benefit calculation and payment under this Act, the total unadjusted pensionable earnings of a contributor for a year of division shall be the aggregate of his unadjusted pensionable earnings attributed under subsection (5) and his unadjusted pensionable earnings attributed under a provincial pension plan.

Marginal note:Provincial pension plans

(7) No division under section 55.1 shall be made for any month during which the persons subject to the division cohabited and for which either of them contributed to a provincial pension plan (and, for the purposes of this subsection, months during which the persons cohabited shall be determined in the prescribed manner), unless the unadjusted pensionable earnings attributed to the persons under the provincial pension plan are divided for that month in a manner substantially similar to that described in this section and section 55.1.

Marginal note:No division

(8) No division under section 55.1 for a period of cohabitation of the persons subject to the division shall be made

• (a) for a year in which the total unadjusted pensionable earnings of the persons does not exceed twice the Year’s Basic Exemption;

• (b) for the period before which one of the persons reached eighteen years of age or after which one of the persons reached seventy years of age;

• (c) for the period in which one of the persons was a beneficiary of a retirement pension under this Act or under a provincial pension plan; and

• (d) for any month that is excluded from the contributory period of one of the persons under this Act or a provincial pension plan by reason of disability.

Marginal note:Payment of benefit

(9) Where there is a division under section 55.1 and a benefit is or becomes payable under this Act to or in respect of either of the persons subject to the division for a month not later than the month following the month in which the division takes place, the basic amount of the benefit shall be calculated and adjusted in accordance with section 46 and adjusted in accordance with subsection 45(2) but subject to the division, and the adjusted benefit shall be paid effective the month following the month in which the division takes place but in no case shall a benefit that was not payable in the absence of the division be paid in respect of the month in which the division takes place or any prior month.

Marginal note:Notification of division

(10) Where there is a division under section 55.1, both persons subject to the division, or their respective estates, shall be notified in the prescribed manner.

Marginal note:Regulations

(11) The Governor in Council may make regulations prescribing

• (a) the time, manner and form of making applications for a division of unadjusted pensionable earnings or withdrawal of applications for such division;

• (b) the procedures to be followed in dealing with and approving such applications and the information and evidence to be furnished in connection therewith; and

• (c) the effective dates of the approval or taking place of a division and of the attribution of pensionable earnings following a division.