Canada Pension Plan — C-8 65.1
Assignment of retirement pension to spouse or common-law partner 65.1 (1) Notwithstanding subsection 65(1) but subject to this section, the Minister may approve the assignment of a portion of a contributor’s retirement pension to the contributor’s spouse or common-law partner, on application in prescribed manner and form by the contributor or the spouse or common-law partner, if the circumstances described in either subsection (6) or (7) exist. (2) [Repealed, 2000, c. 12, s. 52] Agreement or court order not binding on Minister (3) Except as provided in subsection (4), where, on or after June 4, 1986, a written agreement between persons subject to an assignment under this section 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 an assignment under this section. Agreement binding on Minister (4) Where (a) a written agreement between persons subject to an assignment under this section 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 assignment under this section, (b) that provision of the agreement is expressly permitted under the provincial law that governs such agreements, (c) the agreement was entered into before the day of the application for the assignment, 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 approve an assignment under this section. Minister to notify parties (5) The Minister shall, forthwith after receiving an application from one spouse or from one common-law partner for an assignment under this section, notify the other spouse or common-law partner, in prescribed manner, that such an application has been made, and of such other information as the Minister deems necessary. Double assignment (6) Where (a) a retirement pension is payable to both spouses or to both common-law partners under this Act, or (b) a retirement pension is payable to one spouse or to one common-law partner under this Act and a retirement pension is payable to the other spouse or common-law partner under a provincial pension plan and an agreement under section 80 provides for an assignment in this circumstance, the assignment shall be made in respect of both retirement pensions and, in the case described in paragraph (b), in accordance with the agreement. Single assignment (7) Where, in respect of spouses or common-law partners, (a) one is a contributor under this Act and the other is not a contributor under either this Act or a provincial pension plan, (b) a retirement pension is payable under this Act to the contributor, and (c) the non-contributor has reached sixty years of age, the assignment shall be made only in respect of the retirement pension of the contributor. Definitions (8) In subsection (9), first additional joint contributory period means the period commencing on January 1, 2019 or with the month in which the elder of the two spouses or of the two common-law partners reaches 18 years of age, whichever is later, and ending (a) if both spouses or common-law partners are contributors, with the month in which the later of their respective first additional contributory periods ends; or (b) if only one spouse or common-law partner is a contributor, with the later of (i) the month in which the contributor’s first additional contributory period ends, and (ii) the earlier of the month in which the non-contributor reaches 70 years of age and the month in which an application for an assignment of a retirement pension is approved; ( première période cotisable conjointe supplémentaire ) joint contributory period means the period commencing on January 1, 1966 or with the month in which the elder of the two spouses or of the two common-law partners reaches eighteen years of age, whichever is later, and ending (