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Pension Benefits Division Regulations (SOR/94-612)

Regulations are current to 2022-06-20 and last amended on 2012-09-01. Previous Versions

Pension Benefits Division Regulations

SOR/94-612

PENSION BENEFITS DIVISION ACT

Registration 1994-09-29

Regulations Respecting the Division of Pension Benefits

P.C. 1994-1609 1994-09-29

His Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to subsection 4(4), section 5, subsections 7(3), 8(1), (4), (6) and (7) and 13(2) and sections 14 and 16 of the Pension Benefits Division ActFootnote *, hereby makes the annexed Regulations respecting the division of pension benefits, effective on the later of

  • (a) the day on which these Regulations are made, and

  • (b) the day on which the Pension Benefits Division Act comes into force.

Short Title

 These Regulations may be cited as the Pension Benefits Division Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Pension Benefits Division Act; (Loi)

    annuity

    annuity means, in respect of a member, a benefit calculated in accordance with

    applicant

    applicant includes a personal representative and a person acting on behalf of an interested party; (demandeur)

    CPP deduction

    CPP deduction means the deduction from a member’s annuity required under the member’s pension plan when the member reaches 65 years of age or is in receipt of a pension by reason of disability under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a similar provincial pension plan; (déduction RPC)

    division annuity

    division annuity means the amount equal to the product of

    • (a) the amount of the member’s annuity determined as if the member ceased to be employed on the earlier of separation day and termination day, and

    • (b) the ratio of the number of years of pensionable service to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service to the credit of the member under the member’s pension plan on separation day; (rente de partage)

    division annuity deduction

    division annuity deduction means the amount equal to the product of

    • (a) the amount of the CPP deduction determined as if the member ceased to be employed on the earlier of separation day and termination day, and

    • (b) the ratio of the number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan on separation day;(déduction de la rente de partage)

    division factor

    division factor means the factor determined in accordance with subsection 19(1); (facteur de partage)

    employed

    employed includes holding an office, being a participant within the meaning of Part I of the Retirement Compensation Arrangements Regulations, No. 1 who is required to contribute to the Retirement Compensation Arrangements Account, being a member of the Senate or the House of Commons or serving in the Canadian Forces or the Royal Canadian Mounted Police; (employé)

    indexed reduction

    indexed reduction means the amount equal to the product of the division factor and the lesser of

    • (a) the indexed division annuity, and

    • (b) the retirement annuity; (réductionindexée)

    indexed reduction adjustment

    indexed reduction adjustment[Repealed, SOR/97-420, s. 1]

    interested party

    interested party means an interested party within the meaning of subsection 5(4) of the Act; (intéressé)

    minimum death benefit

    minimum death benefit means, with respect to a member, the benefit payable under

    pension

    pension includes a pension, an annual allowance or an annuity payable under a pension plan; (pension)

    recipient

    recipient, in respect of a member, means that the member is

    reduction

    reduction means the amount equal to the product of the division factor and the lesser of

    • (a) the division annuity, and

    • (b) the retirement annuity; (réduction)

    reduction adjustment

    reduction adjustment means the amount equal to the product of the division factor and the retirement annuity deduction; (réduction révisée)

    retirement annuity

    retirement annuity means the amount equal to the product of

    • (a) the amount of the member’s annuity on termination day, and

    • (b) the ratio of the number of years of pensionable service to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service to the credit of the member under the member’s pension plan on termination day; (rente de retraite)

    retirement annuity deduction

    retirement annuity deduction means the amount equal to the product of

    • (a) the amount of the CPP deduction, and

    • (b) the ratio of the number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan on termination day; (déduction de la rente de retraite)

    return of contributions

    return of contributions, with respect to a member of a pension plan provided under

    separation day

    separation day means the day following the last day of the period subject to division; (date de séparation)

    termination day

    termination day means the day a member ceases to be employed; (date de cessation d’emploi)

    valuation day

    valuation day means the day in respect of which the determination of the value of a member’s pension benefits is made pursuant to these Regulations; (date d’évaluation)

    vested

    vested, [Repealed, SOR/2003-408, s. 1]

  • (2) For the purposes of these Regulations, a member’s pension plan is the plan in respect of which an application for a division or a request for information has been made.

  • (3) For the purposes of these Regulations, pensionable service to the credit of a member under the member’s pension plan accrued during the period subject to division includes

    • (a) all pensionable service that is current service during the period subject to division, less any period of absence on leave without pay;

    • (b) any period of elective service, other than a period described in paragraph (e), to the credit of the member at separation day in the proportion that the contributions in respect of the elective service paid by or on behalf of the member during the period subject to division bears to the total amount of the contributions required to be paid for that elective service;

    • (c) any period of service during which the member was absent on leave without pay in the proportion that the amount of contributions made by or on behalf of the member during the period subject to division bears to the total amount required to be paid by the member for the purpose of considering the total period of leave without pay as pensionable service;

    • (d) any period of pensionable service credited to the member before valuation day by reason of a transfer of funds from another pension plan or pursuant to a reciprocal transfer agreement or a pension transfer agreement in the proportion that the period credited to the member under that other plan in respect of the period subject to division bears to the total period of pensionable service to the credit of the member under the other plan; and

    • (e) any period of service credited to the member before valuation day by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, in the proportion that

      • (i) the period of pensionable service that accrued during the period subject to division that was included in the determination of the transfer value referred to in that clause

      bears to

      • (ii) the total period of pensionable service represented by the payment of that transfer value.

  • (4) For the purposes of these Regulations, except section 18, if a member of a pension plan referred to in paragraph (a) of the definition pension plan in section 2 of the Act is subject to a retirement compensation arrangement established under section 10 or 11 of the Special Retirement Arrangements Act and is required to contribute to or is eligible to receive benefits from the Retirement Compensation Arrangements Account, and those benefits are determined by reference to the benefits payable under that pension plan, the pension benefits accrued under that retirement compensation arrangement are considered to have been accrued under that pension plan.

  • SOR/97-420, s. 1
  • SOR/2003-408, s. 1

Vested

 For the purposes of these Regulations, a member is considered vested if the member is entitled to receive a pension or would be entitled to receive a pension if he or she ceases to be employed.

  • SOR/2003-408, s. 2
  • SOR/2007-298, s. 1

Applications

  •  (1) For the purposes of paragraph 4(4)(a) of the Act, an application shall contain the following information:

    • (a) in respect of the member,

      • (i) the member’s name,

      • (ii) the member’s most recent address that is known to the applicant,

      • (iii) the member’s date of birth,

      • (iv) the most recent place of employment of the member in the public service of Canada that is known to the applicant,

      • (v) the day on which the member has ceased to be employed in the public service of Canada, where applicable, if that day is known to the applicant, and

      • (vi) the member’s employee identification number, regimental number or pension number, as the case may be, if that number is known by the applicant; and

    • (b) in respect of the spouse, former spouse or former common-law partner of the member,

      • (i) that person’s name, and

      • (ii) the most recent address of that person known to the applicant.

  • (2) For the purposes of paragraph 4(4)(b) of the Act, if the court order or agreement does not specify the period of cohabitation or the period subject to division, the application shall be accompanied by the following documents:

    • (a) if the interested parties are or were married to each other, an original or certified true copy of the certificate of marriage and a statutory declaration by the applicant stating the date on which they ceased to cohabit; and

    • (b) if the interested parties were not married to each other, a statutory declaration by the applicant stating the date on which the member and the spouse or former common-law partner began to cohabit in a relationship of a conjugal nature and the date on which that cohabitation ceased.

  • SOR/2003-408, s. 3
  •  (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;

    • (b) the original or a certified true copy of the death certificate of the interested party; and

    • (c) evidence that the terms of the court order or agreement remain in force.

  • SOR/2003-408, s. 4
 
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