56.0.3. Where the benefits attributed to the spouse are paid from the benefits of the member that are pension benefits within the meaning of section 33 and no pension is being paid to the member at the date referred to in section 56.0.2 the pension committee shall determine at that date the amount of the portion of the normal pension that, determined according to the value of the benefits attributed to the spouse, would have been paid to the member by the plan for that pension. The amount is said to be a negative pension. The pension committee must keep a record of the negative pension, as well as the adjustments made thereto pursuant to section 56.0.6.
Where the pension benefits correspond to a postponed pension, the negative pension is determined on the basis of the value of the pension recalculated at the date referred to in section 56.0.2, pursuant to section 79 of the Act.
In every case, the negative pension is determined by using the same assumptions as those used to determine the value of the member’s benefits at the date referred to in section 56.0.2.
The negative pension is determined taking into account the periodic increase in the amount of the pension, before payment begins, based on the index or rate provided for under the plan, if applicable.
Where, for the purpose of the seizure of benefits, the value of the benefits of the member is determined taking into account the degree of solvency of the plan at the date referred to in section 56.0.2, the negative pension is determined using the value of the benefits granted to the spouse divided by that degree of solvency.
O.C. 173-2002, s. 47; 1183-2017O.C. 1183-2017, s. 3111; 308-2022O.C. 308-2022, s. 3311.