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S.M. 1985-86, c. 33
An Act to amend The Pension Benefits Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 21(5.7) of The Pension Benefits Act, being chapter 38
of the Statutes of Manitoba, 1975 (chapter P32 of the Continuing Consolidation of the Statutes of Manitoba), is amended by adding thereto, immediately after the word "employment" in the 1st line of clause (a) thereof, the words "or upon termination of membership in the pension plan,".
Subsection 21(6.6) of the Act is amended
(a) by adding thereto, immediately after the figures "1984" where they appear in the 2nd line of clause (c) thereof and again in the 2nd line of clause (d) thereof, in each case, the words "or the commencement date of the pension plan, whichever is the later,"; and
(b) by striking out the words and figures "part-time or temporary employment after January 1, 1984" in the 3rd line of clause (d) thereof and substituting therefor the words "employment after that date".
Subsection 21(12) of the Act is repealed and the following subsection is substituted therefor:
Notwithstanding any provision of this Act or of the pension plan, where a member or former member of a pension plan who is entitled to a deferred life annuity under a pension plan provided in compliance with clause (1.1) (a) dies, the pension plan shall provide benefits
(a) by way of a life annuity to the surviving spouse or common-law spouse of the member or former member, but only where that spouse has not received or is not entitled to receive a benefit under subsection 27(2); or
(b) where there is no surviving spouse or common-law spouse, by way of payment to the beneficiary or estate of the member or former member;
the value of which is not less than the commuted value of the deferred life annuity to which the member or former member was entitled under clause (1.1)(a).
The Act is amended by adding thereto, immediately after subsection 21.2(5) thereof, the following subsection:
Benefit under division of assets.
The spouse of a member who receives or is entitled to receive a benefit under subsection 27(2) pursuant to a division of assets with the member is not entitled to receive a benefit under this section in respect of a joint pension with that member.
Section 21.4 of the Act is amended by striking out the words "in respect of service" where they appear
(a) in the 2nd and 3rd lines of subsection (1) thereof; and
(b) in the 3rd line of subsection (3) thereof.
Subsection 27(2) of the Act is amended
(a) by striking out the word "Where" in the 1st line thereof and substituting therefor the words "Subject to subsection (2.1), where"; and
(b) by striking out all the words in the last 5 lines thereof and substituting therefor the words "the pension benefit credit of the spouses or the parties, as the case may be, in a pension plan, or any payments due to them under a pension plan, shall be divided between them, and the division shall be made in the manner prescribed in the regulations notwithstanding that the order or the agreement, as the case may be, may require the division to be made in a different manner".
The Act is further amended by adding thereto, immediately after subsection 27(2) thereof, as amended, the following subsection:
Effective date of subsection (2).
Subsection (2) does not apply except in the case of
(a) spouses; or
(b) parties to a common-law relationship;
as the case may be, who began living separate and apart from each other after December 31, 1983.
Subsection 27(3) of the Act is amended
(a) by striking out the words "who is not a member or former member of a pension plan" in the 2nd line thereof; and
(b) by striking out the words "the pension plan" in the 4th line thereof and substituting therefor the words "a pension plan".
Subsection 27.1(2) of the Act is amended
(a) by striking out the word "and" at the end of clause (b) thereof;
(b) by adding thereto, at the end of clause (c) thereof, the word "and"; and
(c) by adding thereto, immediately after clause (c) thereof as amended, the following clause:
(d) to report to the superintendent any instance of non-compliance with this Act or the regulations.
The Act is further amended by adding thereto, immediately after subsection 33(3) thereof, the following subsection:
A prosecution for an offence under this section may be commenced within 6 years after the date the commission becomes aware of the offence, but not thereafter.
This Act comes into force on the day it receives the royal assent.