Pension Diversion Regulations (SOR/84-48)

Regulations are current to 2016-04-12

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.

Prescription of Additional Documentation to Be Contained in an Application

 An application referred to in subsection 33(1) of the Act shall, in addition to containing the information required by section 3, be accompanied by the following documentation:

  • (a) where an applicant’s name is different from the name shown on the financial support order

    • (i) a certified copy of the certificate evidencing the change where a formal change of name has occurred, or

    • (ii) a statutory declaration by the person making the application as to the circumstances concerning the difference in any other case;

  • (b) where the financial support order identifies a child as entitled to support under the order and the child is an applicant, the child’s birth certificate or a certified copy thereof; and

  • (c) where an applicant is in the custody and control of another person, a certified copy of any relevant court order or a statutory declaration by the other person as to the circumstances concerning the custody and control of the applicant.

  • SOR/87-666, s. 2;
  • SOR/97-177, s. 3.

Mailing Address for Applications

 An application referred to in subsection 33(1) of the Act shall be mailed,

  • (a) where the recipient was a member of the Canadian Forces, to

    The Minister of National Defence

    Director of Pay Services

    Attention: DPS4

    Department of National Defence

    Ottawa, Ontario

    K1A 0K2;

  • (b) where the recipient was a Judge to whom the Judges Act applies, to

    The Minister of Justice

    Attention: General Counsel, Legal Services

    Department of Public Works and Government Services

    Ottawa, Ontario

    K1A 0S5;

  • (c) where the recipient was a member of the Senate, to

    The Minister of Finance

    Attention: Director, Administration & Personnel

    The Senate

    Parliament Buildings

    Ottawa, Ontario

    K1A 0A4;

  • (d) where the recipient was a member of the House of Commons, to

    The Minister of Finance

    Attention: Manager

    House of Commons District Services Office

    Room 2310, Main Building

    Tunney’s Pasture

    Ottawa, Ontario

    K1A 1G7; and

  • (e) in any other case, or in cases of doubt, to

    The Minister of Public Works and Government Services

    Attention: General Counsel, Legal Services

    Department of Public Works and Government Services

    Ottawa, Ontario

    K1A 0S5

  •  SOR/97-177, s. 4.

Applications Received for Which There Is No Recipient

 Where an application referred to in subsection 33(1) of the Act is received and the person named as a recipient in the application is not a recipient as defined by subsection 32(1) of the Act at that time, the application shall be retained by the Minister for a period of 12 months.

  • SOR/97-177, s. 5.

Prescription of Information to Be Contained in and Manner of Sending a Notification to Recipient

 A notification referred to in section 34 of the Act shall

  • (a) contain a statement that

    • (i) a duly completed application for diversion of the recipient’s pension benefit has been received for or on behalf of named persons, domiciled and ordinarily resident at the time of the application in a stated province, territory or foreign country or place,

    • (ii) the address of the recipient stated in the notification is the address that will be used by the Minister for purposes of any diversion,

    • (iii) a diversion of a stated amount or stated portion of the net pension benefit will be made to the applicant no later than a stated date, and

    • (iv) the recipient may at any time apply to the Minister in accordance with the Act and these Regulations for a variation or termination of the diversion;

  • (b) be accompanied by a copy of the financial support order on which the application is based; and

  • (c) be sent

    • (i) where the latest known address of the recipient is in Canada, by registered mail with an acknowledgement of receipt, and

    • (ii) in any other case, by air mail or other similar means.

  • SOR/97-177, s. 6.

Amount to Be Diverted

 Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable in advance of any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be determined in accordance with the relevant provisions of the Act as if there were only one such type of payment at the relevant time.

 Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable at the same time as any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be governed by the following rules:

  • (a) where the relevant financial support order provides only for a lump sum payment, the amount specified in the order shall first be satisfied out of the lump sum portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and, if any amount thereof remains unsatisfied, that amount shall be treated as a new lump sum payment to be satisfied in accordance with section 37 of the Act as if the recipient’s pension benefit consisted only of periodic payments;

  • (b) where the relevant financial support order provides only for periodic payments, the payments shall be satisfied out of the periodic payments of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments; and

  • (c) where the relevant financial support order provides for both a lump sum payment and periodic payments, the lump sum payment portion shall be satisfied out of the lump sum payment portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and the periodic payments shall be satisfied out of the periodic payments portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments.

  • SOR/97-177, s. 7.
 
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