Fifty Percent Rule Family Law Terminology

Fifty Percent Rule

Fifty Percent Rule: There are two definitions for this:

1) OPBA, Section 51(2) – The spouse in any situation will he or she never receive over 50% of the pension that the member has earned/accrued throughout the marriage. This only relates to the value of the pension.

2) OPBA, Section 39(3) – As of January 1987, Ontario provincial legislation ordered that the contributions made by the pension member and the accumulated interest accrued under a pension plan may not be used to provide over 50% of the post 1987 computed value on the date the pension was terminated. If the pension plan member is entitled to a contributory benefit, an amount deemed as surplus value can be given to the plan member in a lump sum payment or contributed back into the value of the pension, (this only is related to pension contributions). This will be found in a pension plan report as ‘ Special Adjustment’.

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