What is the test for an equal share of a spouse's pension under the Pension Reform Regulation?
British Columbia, Canada
The following excerpt is from Parminter v. Parminter, 2010 BCSC 1997 (CanLII):
The plaintiff asserts that she has a right to an equal share of the defendant's pension in accordance with Parts 5 and 6 of the Act. The pension is, by definition, a family asset. The plaintiff's share is determined by the Regulation. The plaintiff says the cut-off date for calculating the spousal share of the pension is the entitlement date. The entitlement date is not the same as the triggering event. The spouse’s entitlement date for determining her share of the mature pension is the date the member retires: Margetish v. Margetish, 2002 BCSC 1177, 6 B.C.L.R. (4th) 384 [Margetish] at paras. 14-15.
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