RD v Minister of Employment and Social Development and MB

RD v Minister of Employment and Social Development and MB

Because the Minister had been informed of the divorce and provided the required information, the CPP mandated the DUPE; neither statutory exception applied (no decrease in benefits and the opt-out by agreement is not available in Ontario), and the Tribunal lacked jurisdiction to cancel the DUPE; therefore the appeal is dismissed and the credit split remains permanent.

Citation
2021 SST 980
Parties
Appellant/claimant: R. D.; Respondent (minister): Minister of Employment and Social Development; Added Party: M. B.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 June 2021
Procedural Posture
Canada Pension Plan Credit Split Appeal / Social Security Tribunal General Division Decision (hearing May 31, 2021; Decision June 2, 2021)
Outcome
Appeal dismissed
Legal Topics
Credit Splitting, Division of Pensionable Earnings, DUPE, Statutory Exceptions to Credit Split, Tribunal Jurisdiction
Source Language
English
Canada Pension Plan Family Law Administrative Law Social Security Credit Splitting Division of Pensionable Earnings DUPE Statutory Exceptions to Credit Split +1 more

Case Brief

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Parties

R. D.

Appellant/claimant

Minister of Employment and Social Development

Respondent (minister)

M. B.

Added Party

Procedural Posture

Canada Pension Plan Credit Split Appeal / Social Security Tribunal General Division Decision (hearing May 31, 2021; Decision June 2, 2021)

Legal Issues

  1. 1 Whether the Division of Unadjusted Pensionable Earnings (DUPE) can be cancelled
  2. 2 Whether statutory exceptions to mandatory credit splitting apply (decrease in benefits; spousal opt-out agreement)
  3. 3 Whether the tribunal may cancel a DUPE based on fairness or financial hardship

Ratio Decidendi

Because the Minister had been informed of the divorce and provided the required information, the CPP mandated the DUPE; neither statutory exception applied (no decrease in benefits and the opt-out by agreement is not available in Ontario), and the Tribunal lacked jurisdiction to cancel the DUPE; therefore the appeal is dismissed and the credit split remains permanent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Division of Unadjusted Pensionable Earnings (DUPE) remains in effect and cannot be cancelled