FAMILY LAW
Van Delst v.
Hronowsky, 2019 ONSC 2569
Mr. Hronowsky and Ms. Van Delst applied for divorce. Both were
members of the Public Service Superannuation Act (PSSA).
At issue was the inclusion of certain pension amounts in each
party's net family property (NFP).
Ms. Van Delst took several leaves without pay during the
marriage, some of which constituted non-pensionable leave. Under
the PSSA, a plan member is required to contribute to his or her
pension for the first three months of leave, but may opt out of
further contributions thereafter. If the plan member does not
specifically opt out or elects to continue making contributions,
then pension benefits accrue to that member while on leave, and the
plan member is required to pay the deficiencies in contribution,
either by way of a lump sum payment or by equal contributions over
time. Ms. Van Delst opted for equal contributions, and at the date
of separation, she still owed several payments.
