Pension Benefits Act (amended)

BILL NO. 42

(as introduced)

5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013

Government Bill

Pension Benefits Act
(amended)

The Honourable Frank Corbett
Minister of Labour and Advanced Education

First Reading: April 15, 2013

(Explanatory Notes)

Second Reading: April 25, 2013

Third Reading: May 2, 2013 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the definition of "spouse" to use the present tense rather than the past tense of "cohabit" in subclause (v) of the definition, consistent with subclauses (i) to (iv).

Clauses 2 to 4 correct an error and improve language.

Clause 5 amends the heading preceding Section 74 to reflect that the Section also applies to the breakdown of spousal relationships other than marriages.

Clause 6 clarifies the application of the provision governing the division of pension entitlement to former spouses.

Clause 7 adds clarity by adding a cross-reference and corrects two incorrect cross-references.

An Act to Amend Chapter 41
of the Acts of 2011,
the Pension Benefits Act

Be it enacted by the Governor and Assembly as follows:

1 Subclause 2(ax)(v) of Chapter 41 of the Acts of 2011, the Pension Benefits Act, is repealed and the following subclause substituted:

(v) not being married to each other, are cohabiting in a conjugal relationship with each other, and have done so continuously for at least

(A) three years, if either of them is married, or(B) one year, if neither of them is married;

2 Subsection 55(1) of Chapter 41 is amended by striking out "of" the first time it appears in the second line.

3 Clause 63(4)(b) of Chapter 41 is amended by

(a) striking out "and" in the fourth line and substituting "if"; and

(b) adding "has" immediately before "delivered" in the first line of subclause (i).

4 Clause 67(3)(a) of Chapter 41 is amended by adding "has" immediately before "delivered" in the first line.

5 The heading immediately before Section 74 of Chapter 41 is amended by striking out "MARRIAGE BREAKDOWN" and substituting "BREAKDOWN OF SPOUSAL RELATIONSHIP".

6 Section 74 of Chapter 41 is amended by adding immediately after subsection (2) the following subsection:

(3) In this Section, "spouse" includes a former spouse.

7 (1) Subsection 115(3) of Chapter 41 is amended by adding "under subsection 48(1)" immediately after "order" in the second line.

(2) Subsection 115(9) of Chapter 41 is amended by striking out "(6)" in the second line and substituting "(8)".

(3) Subsection 115(10) of Chapter 41 is amended by striking out "(6)" in the second line and substituting "(8)".

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2013 Crown in right of Nova Scotia. Created May 9, 2013. Send comments to legc.office@novascotia.ca.

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