What is the formula for the division of the Canadian Forces pension in a personal injury action?

Alberta, Canada


The following excerpt is from Fairall v. Fairall, 1990 CanLII 5888 (AB QB):

In my original judgment I followed the suggestion of counsel for the defendant during his opening where he agreed that the division of the Canadian Forces pension of the plaintiff should be in accordance with the formula established by McAlister v. McAlister, supra. I ordered that the defendant’s entitlement to the pension benefits when received by the husband to be one-half of that part of the benefit which bears the same ratio as the plaintiff’s years of pensionable service to January 6, 1987 bear to the plaintiff’s years of pensionable service as at the time the benefits are paid. I determined that the numerator is to be 21 and the denominator will be the total years of pensionable service.

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