Pension Division Review Project Committee considers transitional provisions, disability benefits at April meeting


26 April 2019

By Kevin Zakreski

The Pension Division Review Project benefits from having an expert project committee. At this month’s meeting, the committee considered two topics: transitional provisions and disability benefits.

The transitional rules that deal with division of pension benefits under the Family Law Act are found in section 253. The committee examined each of section 253’s four subsections, with a view to whether experience in applying the transitional provisions over the first five years of the Family Law Act’s existence has yielded insights that could be used to improve the transitional provisions.

Unlike its predecessor legislation (the Family Relations Act), the Family Law Act has a dedicated provision addressing disability benefits. It’s found in section 122 of the act. The committee considered this section’s operation in light of its purposes and discussed potential reforms to it.

The committee is working toward publishing a consultation paper, later in the project’s life cycle. The consultation paper will allow the public to comment on the committee’s proposals to reform pension division under the Family Law Act.


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