Income Tax Act — I-3.3 147.3
rriage breakdown (5) An amount is transferred from a registered pension plan in accordance with this subsection if the amount (a) is a single amount no portion of which relates to an actuarial surplus; (b) is transferred on behalf of an individual who is a spouse or common-law partner or former spouse or common-law partner of a member of the plan and who is entitled to the amount under a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a division of property between the member and the individual in settlement of rights arising out of, or on a breakdown of, their marriage or common-law partnership; and (c) is transferred directly to (i) another registered pension plan for the benefit of the individual, (ii) a registered retirement savings plan under which the individual is the annuitant (within the meaning assigned by subsection 146(1)), or (iii) a registered retirement income fund under which the individual is the annuitant (within the meaning assigned by subsection 146.3(1)). Transfer — pre-1991 contributions (6) An amount is transferred from a registered pension plan in accordance with this subsection if the amount (a) is a single amount; (b) is transferred on behalf of a member who is entitled to the amount as a return of contributions made (or deemed by regulation to have been made) by the member under a defined benefit provision of the plan before 1991, or as interest (computed at a rate not exceeding a reasonable rate) in respect of those contributions; and (c) is transferred directly to (i) another registered pension plan for the benefit of the member, (ii) a registered retirement savings plan under which the member is the annuitant (within the meaning assigned by subsection 146(1)), or (iii) a registered retirement income fund under which the member is the annuitant (within the meaning assigned by subsection 146.3(1)). Transfer — lump sum benefits on death (7) An amount is transferred from a registered pension plan in accordance with this subsection if the amount (a) is a single amount no portion of which relates to an actuarial surplus; (b) is transferred on behalf of an individual who is entitled to the amount as a consequence of the death of a member of the plan and who was a spouse or common-law partner or former spouse or common-law partner of the member at the date of the member’s death; and (c) is transferred directly to (i) another registered pension plan for the benefit of the individual, (ii) a registered retirement savings plan under which the individual is the annuitant (within the meaning assigned by subsection 146(1)), or (iii) a registered retirement income fund under which the individual is the annuitant (within the meaning assigned by subsection 146.3(1)). Transfer where money purchase plan replaces money purchase plan (7.1) An amount is transferred from a registered pension plan (in this subsection referred to as the “transferor plan”) in accordance with this subsection if (a) the amount is a single amount; (b) the amount is transferred in respect of the surplus (as defined by regulation) under a money purchase provision (in this subsection referred to as the “former provision”) of the transferor plan; (c) the amount is transferred directly to another registered pension plan to be held in connection with a money purchase provision (in this subsection referred to as the “current provision”) of the other plan; (d) the amount is transferred in conjunction with the transfer of amounts from the former provision to the current provision on behalf of all or a significant number of members of the transferor plan whose benefits under the former provision are replaced by benefits under the current provision; and (e) the transfer is acceptable to the Minister and the Minister has so notified the administrator of the transferor plan in writing. Transfer where money purchase plan replaces defined benefit plan (8) An amount is transferred from a registered pension plan (i