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  1. Pension Benefits Division Regulations - SOR/94-612 (Section 22)

     Notwithstanding section 21, where a transfer has been effected pursuant to paragraph 8(1)(a) of the Act and the member is entitled to

    [...]


  2. Pension Benefits Division Regulations - SOR/94-612 (Section 4)
    •  (1) Where the applicant making or proceeding with the application is acting on behalf of an interested party, the original or a certified true copy of the document that authorizes the applicant to act for the interested party shall, in addition to the documents that may be required pursuant to subsection 3(2), be submitted to the Minister.

    • (2) Subject to section 6, where the applicant making or proceeding with the application is the personal representative of a deceased interested party, the following documents shall, in addition to the documents that may be required pursuant to subsection 3(2), be submitted to the Minister:

      • (a) the original or a certified true copy of the document that authorizes the applicant to act in that capacity;

    [...]


  3. Pension Benefits Division Regulations - SOR/94-612 (Section 9.1)

     In sections 10 to 12, parties means the member and the spouse, former spouse, common-law partner or former common-law partner who makes a request for information under subsection 13(2) of the Act.

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  4. Pension Benefits Division Regulations - SOR/94-612 (Section 19)
    •  (1) In this Part, division factor is 0.5, except that

      • (a) where the amount transferred is a lump sum amount referred to in subsection 8(4) of the Act, the division factor is equal to the product of

        (A / B) × 0.5

        where

        A 
        is the amount determined under subsection 8(4) of the Act, and
        B 
        is the amount determined under these Regulations that, but for subsection 8(4) of the Act, would have been transferred pursuant to paragraph 8(1)(a) of the Act; and
      • (b) where the member was not vested at valuation day and is entitled to a pension under the member’s pension plan on the day the pension benefits are adjusted, the division factor is equal to the product of

        (C / D) × 0.5

        where

        C 
        is the amount transferred under paragraph 8(1)(a) of the Act, and
        D 
        is the amount that, but for subsection 8(4) of the Act, would have been transferred pursuant to paragraph 8(1)(a) of the Act had the member been vested on valuation day.
    • (2) For the purposes of determining the indexed division annuity, if separation day occurs before termination day, the division annuity of a member is to be increased on termination day by the benefit indices established under the Supplementary Retirement Benefits Act that would apply if the member had ceased to be employed on separation day, and further increased to take into account the period beginning on January 1 of the year in which termination day occurs and ending on termination day.

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  5. Pension Benefits Division Regulations - SOR/94-612 (Section 10)
    •  (1) Subject to subsection (3), the following is the information to be provided by the Minister in response to a request under subsection 13(2) of the Act:

      • [...]

      • (j) the amount that would be determined in accordance with paragraph 8(1)(a) of the Act if valuation day were the day on which the information was prepared; and

      • (k) any period of service credited to the member by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, determined in accordance with paragraph 2(3)(e).

    • (2) For the purposes of subsection (1), if the period subject to division cannot be determined under paragraph 8(2)(a) of the Act, the period subject to division begins on the day of marriage or, in the case of common-law partners, on the day on which they began to cohabit in a relationship of a conjugal nature, and ends

      [...]

    • (3) The following is the information to be provided by the Minister in response to a request under subsection 13(2) of the Act made after the division of the member’s pension benefits under the plan in respect of which the request is made:

      • [...]

      • (g) the amount that, but for subsection 8(4) of the Act, would have been transferred in accordance with paragraph 8(1)(a) of the Act; and

      • (h) any period of service credited to the member by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, determined in accordance with paragraph 2(3)(e).

    [...]



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