DEPARTMENT OF LABOUR AND IMMIGRATION
PENSION COMMISSION UPDATE NO. 33

This update has no legal authority. The Pension Benefits Act of Manitoba and the Pension Benefits Regulation 188/87 R amended should be used to determine specific requirements.

October 2006

Division of a pension earned during the period of marriage

Reference: The Pension Benefits Act, Section 31(2) and Regulation 24

The Court of Queen’s Bench in Foster v. Foster (2006) MBQB 171 recently found that in order to determine the pension benefit credit accrued under section 24(3) of the Pension Benefits Regulation, the pension benefit credit must be valued on the basis that the member’s employment terminated as of the date of marriage and as of the date the parties began living separate and apart.

The facts are as follows:

1. The parties had married on June 22, 1987 and separated March 1, 1998.


2. Mrs. Foster requested a division of her pension entitlement based on the final order of the court which stated that for purposes of sharing their employment pensions between them, the period to be used shall be from the date of marriage to the date of separation.


3. Mrs. Foster filed an application with the Court of Queen’s Bench for a declaration that she was entitled to share in the interest accrued during the marriage on the contributions earned prior to the marriage when she was advised that her entitlement under the defined contribution plan was ½ of the contributions made by the member during their marriage, together with interest on those contributions.

The decision is being appealed to the Court of Appeal.

If you have any questions regarding this update you may contact us at:

Manitoba Pension Commission
1004 – 401 York Avenue
Winnipeg MB R3C 0S9
Phone: (204) 945-2740
e-mail: pensions@gov.mb.ca