The appellant pension board appealed a Divisional Court decision that a deceased member's former spouse was entitled to a portion of his pre-retirement death benefits pursuant to a separation agreement.
The Court of Appeal held that pension benefits, including pre-retirement death benefits, may be transferred under a domestic contract without the aid of s. 48(13) of the Pension Benefits Act.
The court also determined that the 50 per cent limit on transfers under s. 51(2) applied to the pre-1987 benefits, and that the calculation date for the benefits was the date of the member's death.
The appeal was dismissed and the cross-appeal was allowed in part.
