1(1) In this Act

"common-law partner" of a member or former member means a person who, not being married to the member or former member, cohabited with him or her in a conjugal relationship

(a)for a period of at least 3 years; if either of them is married, or

(b) for a period of at least one year, if neither of them is married.

1(1) In this Act

"common-law partner" of a member or former member means a person who, not being married to the member or former member, cohabited with him or her in a conjugal relationship

(a) for a period of at least 3 years; if either of them is married, or

(b)for a period of at least one year, if neither of them is married.

(a) for a period of not less than 3 years, or

(a)for a period of at least one year and they are together the parents of a child.

31(2) Subject to subsections (3) to (8), where

(a)pursuant to an order of the Court of Queen's Bench made under The Marital Property Act, family assets of a person are required to be divided; or

(b)pursuant to a written agreement between spouses, family assets of the spouses are divided between the spouses; or

(c)pursuant to a written agreement between two persons who have been parties to a common-law relationship and who have terminated the relationship, assets which, if the parties had been spouses, would have been family assets of the parties, are divided between the parties;

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.

31(2) Subject to subsections (3) to (8), where

(a)pursuant to an order of the Court of Queen's Bench made under The Marital Family Property Act, family assets of a person are required to be divided; or

(b)pursuant to a written agreement between spouses or common-law partners, family assets of the spouses or common-law partners are divided between the spouses or common-law partners; or

(c)pursuant to a written agreement between two persons who have been parties to a common-law relationship and who have terminated the relationship, assets which, if the parties had been spouses, would have been family assets of the parties, are divided between the parties;

the pension benefit credit of the spouses or the parties common-law partners, 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.

31(3) 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.

31(3) Subsection (2) does not apply except in the case of

(a)spouses who began living separate and apart from each other after December 31, 1983; or

(b)parties to a common-law relationship common-law partners who began living separate and apart from each other after December 31, 2001.

as the case may be, who began living separate and apart from each other after December 31, 1983.

31(5) Subsection (2) does not apply to a pension plan in the case of persons who are parties to a common-law relationship unless the party who is a member of the pension plan makes and executes a written declaration, in the form prescribed therefore in the regulations,

(a)Identifying the other party and showing that the other party is his or her common-law partner within the meaning of the definition of that term in subsection 1(1);

(b)Specifying the commencement date of the common-law relationship; and

Stating that subsection (2) shall apply to the pension plan.

31(5) Subsection (2) does not apply to a pension plan in the case of persons who are parties to a common-law relationship unless the party who is a member of the pension plan makes and executes a written declaration, in the form prescribed therefore in the regulations,

(a)Identifying the other party and showing that the other party is his or her common-law partner within the meaning of the definition of that term in subsection 1(1);

(b)Specifying the commencement date of the common-law relationship; and

Stating that subsection (2) shall apply to the pension plan.

31(8) A declaration or agreement under subsection (5), (6) or (7) shall be filed with the administrator of the affected pension plan, but the declaration under subsection (5) is of no force or effect unless it is so filed before the member making the declaration receives any payments under the pension plan.

31(8) A declaration or agreement under subsection (5), (6) or (7) shall be filed with the administrator of the affected pension plan. but the declaration under subsection (5) is of no force or effect unless it is so filed before the member making the declaration receives any payments under the pension plan.