67.2 (1) The preliminary value of a member’s pension benefits, a former member’s deferred pension or a retired member’s pension under a pension plan, before apportionment for family law purposes, is determined by the administrator in accordance with the regulations and as of the family law valuation date of the member, former member or retired member and his or her spouse.  2010, c. 9, s. 44 (1). Same, spouse (2) The preliminary value of the pension of the spouse of a retired member under a pension plan, before apportionment for family law purposes, is determined by the administrator in accordance with the regulations and as of the family law valuation date of the spouse and the retired member.  2010, c. 9, s. 44 (2). Adjustments (3) If the pension benefits, pension or deferred pension are provided under a pension plan that provides defined benefits, the preliminary value includes such adjustments as may be prescribed for ancillary benefits and other entitlements.  2009, c. 11, s. 49. Same (4) There is no preliminary value attributable to ancillary benefits and other entitlements otherwise than by virtue of subsection (3).  2009, c. 11, s. 49. Imputed value for family law purposes (5) The imputed value, for family law purposes, of each spouse’s pension benefits, deferred pension or pension, as the case may be, is that portion of the preliminary value that is attributed by the administrator, in accordance with the regulations, (a)  to the period beginning with the date of the spouses’ marriage and ending on their family law valuation date, for the purposes of an order under Part I (Family Property) of the Family Law Act; or (b)  to the period beginning with the date determined in accordance with the regulations and ending on the spouses’ family law valuation date, for the purposes of a family arbitration award or domestic contract.  2009, c. 11, s. 49. Application for statement of imputed value (6) The following persons may apply to the administrator of the pension plan, in accordance with the prescribed requirements, for a statement of the imputed value, for family law purposes, of each spouse’s pension benefits, deferred pension or pension, as the case may be: 1.  In the case of spouses to whom Part I of the Family Law Act applies, either spouse. 2.  In the case of spouses to whom Part I of the Family Law Act does not apply, the member, former member or retired member.  2009, c. 11, s. 49; 2010, c. 9, s. 44 (3); 2017, c. 34, Sched. 33, s. 24. Application fee (7) The application must be accompanied by the applicable fee, if any, imposed by the administrator and the applicable fee must not exceed the prescribed amount.  2009, c. 11, s. 49. Duty to determine imputed value (8) Once the application is complete, the administrator shall determine the imputed value, for family law purposes, of each spouse’s pension benefits, deferred pension or pension, as the case may be.  2009, c. 11, s. 49. Duty to provide statement (9) The administrator shall give a statement containing the prescribed information to both spouses within the prescribed period.  2009, c. 11, s. 49. Transition (10) Neither spouse is eligible to apply under paragraph 1 of subsection (6) for the statement if an order made under Part I of the Family Law Act before the day on which this section comes into force requires one spouse to pay to the other spouse the amount to which the other spouse is entitled under section 5 (equalization of net family properties) of that Act.  2009, c. 11, s. 49. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 49 - 01/01/2012 2010, c. 9, s. 44 (1-3) - 01/07/2012 2017, c. 34, Sched. 33, s. 24 - 08/06/2019 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2019, c. 14, Sched. 9, s. 30) Valuation for family law purposes, unavailability of benefits etc. Application of section 67.2.1 (1) This section applies if, on or after the family law valuation date of the member, former member or retired member and his or her spouse but before an application for a statement of imputed value under section 67.2 is complete, assets attributable to the member’s pension benefits, the former member’s deferred pension or the retired member’s pension, as the case may be, are transferred out of the plan or otherwise cease to be available as a result of such circumstances as may be prescribed. 2019, c. 14, Sched. 9, s. 30. Manner of obtaining statement of imputed value (2) Section 67.2 applies in the circumstance referred to in subsection (1) with the modifications set out in the Authority rules or the regulations. 2019, c. 14, Sched. 9, s. 30. Authority’s rules (3) For the purposes of this section, the Authority may make rules in respect of the following matters: 1.  Prescribing modifications to section 67.2 respecting the manner in which spouses referred to in subsection 67.2 (6) may obtain a statement of imputed value, including prescribing who is responsible for determining the imputed value of the member’s pension benefits, the former member’s deferred pension or the retired member’s pension, as the case may be. 2.  Prescribing any matters necessary to implement the modifications referred to in paragraph 1, including prescribing circumstances in which information must be provided to the spouse about the member’s pension benefits, the former member’s deferred pension or the retired member’s pension, as the case may be, and the information that must be provided. 3.  Prescribing the manner in which any matter referred to in section 67.2 in respect of which the Authority may make rules applies in the circumstance referred to in subsection (1), including prescribing different Authority rules than those prescribed for the purposes of section 67.2. 2019, c. 14, Sched. 9, s. 30. Regulations (4) The regulations may prescribe the manner in which anything referred to in section 67.2 as being provided for in the regulations applies in the circumstance referred to in subsection (1), including prescribing different requirements than those prescribed for the purposes of section 67.2. 2019, c. 14, Sched. 9, s. 30. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 9, s. 30 - not in force Transfer of a lump sum for certain family law purposes