Pension Diversion Regulations (SOR/84-48)

Regulations are current to 2014-10-27

Pension Diversion Regulations

SOR/84-48

GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT

Registration 1983-12-22

Regulations Respecting Diversion of Pension Benefits to Satisfy Financial Support Orders

P.C. 1983-4086 1983-12-22

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 22, 24, 25, 27 and 36 of the Garnishment, Attachment and Pension Diversion ActFootnote *, is pleased hereby to make the annexed Regulations respecting diversion of pension benefits to satisfy financial support orders.

SHORT TITLE

 These Regulations may be cited as the Pension Diversion Regulations.

DEFINITIONS

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Garnishment, Attachment and Pension Diversion Act. (Loi)

“plan member”

“plan member” means a person who is or may be entitled to a pension benefit under the Public Service Superannuation Act and against whom there is a financial support order. (participant au régime)

  • SOR/97-177, s. 1.

PRESCRIPTION OF INFORMATION TO BE CONTAINED IN AN APPLICATION

  •  (1) An application referred to in subsection 33(1) of the Act shall be signed by the applicant and shall contain the following information:

    • (a) in respect of a recipient,

      • (i) the recipient’s

        • (A) surname and given names,

        • (B) date of birth,

        • (C) most recent address known to the applicant or the person making the application and the year that the recipient was known to reside at that address,

        • (D) social insurance number or regimental number, if known,

        • (E) previous surname, if applicable,

        • (F) pension, annuity or superannuation number, if known,

        • (G) most recent place of employment in the public service of Canada known to the applicant or the person making the application, and

        • (H) most recent year of employment in the public service of Canada known to the applicant or the person making the application,

      • (ii) each enactment referred to in the schedule to the Act pursuant to which a pension benefit is payable to the recipient, if known, and

      • (iii) any other relevant information that would aid in establishing the identification of the recipient;

    • (b) in respect of an applicant, the applicant’s

      • (i) surname and given names,

      • (ii) place of residence at the time the application is made, and

      • (iii) mailing address;

    • (c) where the applicant is in the custody and control of another person, the full name and address of the other person;

    • (d) where the application is made through another person acting on behalf of the applicant, the full name and address of the other person and the other person’s legal relationship to the applicant;

    • (e) where a diversion payment is to be made to a person designated in a financial support order, other than the applicant, the full name and address of that person; and

    • (f) the amount payable under the financial support order by way of either periodic payments or lump sum payment, or a combination of both, at the time the application is made.

  • (2) Where a person who makes an application referred to in subsection 33(1) of the Act is unable to provide the date of birth of the recipient but does provide other information sufficient to enable the Minister to identify the recipient within a reasonable time, the requirement that the application contain the date of birth of the recipient shall be waived.

  • SOR/85-511, s. 1;
  • SOR/87-666, s. 1;
  • SOR/97-177, s. 2.