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The Pension Benefits Amendment Act

S.M. 1989-90, c. 48

Bill 57, 2nd Session, 34th Legislature

The Pension Benefits Amendment Act

(Assented to March 15, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P32

1           The Pension Benefits Act is amended by this Act.

Subsection 31(2) amended

2           Subsection 31(2) is amended by adding "and subsection (3.1)" after "(3)".

Subsection 31(3.1) added

3           The following is added after subsection 31(3):

Non-application

31(3.1)     Subsection (2) does not apply where

(a) either of the following conditions is satisfied:

(i) the pension benefit credit of one spouse or party under a pension plan differs from the pension benefit credit of the other spouse or party under a pension plan by 20% or less of the larger pension benefit credit, or

(ii) the payments due to one spouse or party under a pension plan differ from the payments due to the other spouse or party under a pension plan by 20% or less of the larger payment;

(b) one or both of the pension plans referred to in clause (a) is subject to this Act; and

(c) the spouses or parties have agreed in writing not to divide the pension benefit credits of or payments from the pension plan or plans which is or are subject to this Act.

Coming into force

4           This Act comes into force on royal assent.