Pension Benefits Division Regulations (SOR/94-612)

Vested

2.1 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.

Applications

• 3 (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.

• 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;

  • (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.

5 A person may make an application on behalf of an interested party or may act on behalf of an interested party in prosecuting an application where the interested party is incapable of managing their own affairs.

6 If the spouse, former spouse or former common-law partner of a deceased member makes an application, he or she shall submit to the Minister a statutory declaration stating that the terms of the court order or agreement have not been or are not being satisfied by other means.

7 An applicant may, by notice in writing to the Minister, withdraw the application at any time before a transfer is effected pursuant to paragraph 8(1)(a) of the Act.

8 The notice referred to in subsections 5(1) and 8(7) of the Act shall be sent by the Minister by registered mail.

Information to the Spouse, Former Spouse, Common-law Partner or Former Common-law Partner

• 9 (1) A request for information referred to in subsection 13(2) of the Act shall be in writing and be accompanied by

  • (a) if there is a court order or agreement,

    • (i) a certified true copy of the court order or agreement, and

    • (ii) in the following circumstances, a statutory declaration by the spouse or former spouse or common-law partner or former common-law partner that meets the requirements set out in subsection (2):

      • (A) the court order or agreement does not specify the period of cohabitation or the period subject to division, or

      • (B) an appeal or review referred to in paragraph 6(2)(c) of the Act has been commenced in respect of the period of cohabitation or the period subject to division;

  • (b) if there is no court order or agreement, a statutory declaration by the spouse or former spouse or common-law partner or former common-law partner that meets the requirements set out in subsection (2).

• (2) The statutory declaration must state

  • (a) in the case of a spouse or former spouse, the date of marriage and the date on which he or she ceased to cohabit with the member or, if the spouse and member have not ceased to cohabit, that it is his or her intention to cease cohabiting; and

  • (b) in the case of a common-law partner or former common-law partner, the date on which he or she began to cohabit with the member in a relationship of a conjugal nature and the date on which that cohabitation ceased or, if the common-law partner and member have not ceased to cohabit, that it is his or her intention to cease cohabiting.

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.

• 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:

  • (a) the day on which the information is prepared;

  • (b) the day on which the member

    • (i) first received a pension other than a pension by reason of disability,

    • (ii) will be eligible to receive a pension that is not reduced on account of age, or

    • (iii) would have received a pension that is not reduced on account of age had the member not become entitled to a pension by reason of disability;

  • (c) the period subject to division;

  • (d) if the member is not vested on the day on which the information is prepared, the amount of contributions made by the member in respect of pensionable service accrued during the period subject to division and the interest on the contributions;

  • (e) the amount paid by the member during the period subject to division in respect of any period of elective service and the period of service included in the period subject to division, determined in accordance with paragraph 2(3)(b);

  • (f) the amount of the member’s division annuity;

  • (g) any period of pensionable service credited to the member under a reciprocal transfer agreement or a pension transfer agreement in respect of the period subject to division, determined in accordance with paragraph 2(3)(d);

  • (h) the amount of any minimum death benefit payable on the death of the member in respect of the period subject to division, determined as though there were no surviving spouse, surviving common-law partner or dependent children;

  • (i) the amount of the supplementary death benefit payable on the death of the member, determined as of the day on which the information is prepared;

  • (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

  • (a) on the day on which the parties ceased to cohabit, as stated in the statutory declaration referred to in subsection 9(2); or

  • (b) on the last day of the month preceding the month in which the request for information is made, if the parties have not ceased to cohabit.

• (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:

  • (a) the period subject to division;

  • (b) where the member was not vested on valuation day, the amount of contributions made by the member in respect of pensionable service accrued during the period subject to division and the interest on the contributions;

  • (c) the amount paid by the contributor during the period subject to division in respect of any period of elective service and the period of service included in the period subject to division, determined in accordance with paragraph 2(3)(b);

  • (d) the amount of the member’s division annuity on valuation day;

  • (e) any period of pensionable service credited to the member under a reciprocal transfer agreement or a pension transfer agreement in respect of the period subject to division, determined in accordance with paragraph 2(3)(d);

  • (f) the amount of any minimum death benefit that, on valuation day, would have been payable on the death of the member in respect of the period subject to division, determined as though there were no surviving spouse, surviving common-law partner or dependent children;

  • (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).

Refusal of Request

11 The Minister may refuse to provide information in response to a request for information made by a spouse, former spouse, common-law partner or former common-law partner under subsection 13(2) of the Act or section 12 if the Minister has responded within the preceding 12 months to a similar request made by that person, unless, since that previous request,

• (a) the parties have ceased to cohabit;

• (b) the member or his or her spouse, former spouse, common-law partner or former common-law partner began proceedings in relation to separation, divorce or annulment;

• (c) the parties entered into an agreement; or

• (d) the member’s pensionable service included in the period subject to division has been adjusted.

Supplementary Death Benefit

12 If a court in Canada of competent jurisdiction has ordered that a spouse, former spouse, common-law partner or former common-law partner be designated as the beneficiary of the supplementary death benefit provided under Part II of the Public Service Superannuation Act or Part II of the Canadian Forces Superannuation Act, or the parties have agreed in writing to such a designation, the Minister shall, at the written request of the spouse, former spouse, common-law partner or former common-law partner, inform that person whether he or she is the designated beneficiary and the amount of the supplementary death benefit that would be payable to him or her.

Valuation

13 For the purposes of section 8 of the Act, the value of pension benefits that have accrued to a member during the period subject to division is equal to

• (a) where the member is vested at valuation day, the actuarial present value on valuation day of the member’s pension benefits accrued during the period subject to division, determined in accordance with sections 14 and 15; and

• (b) where the member is not vested at valuation day, the amount determined under section 16.

• 14 (1) The accrued pension benefits of a member shall be determined in accordance with the member’s pension plan and, where applicable, the Supplementary Retirement Benefits Act, subject to the following rules:

  • (a) any reference in the member’s pension plan to an annuity shall be replaced by a reference to a division annuity;

  • (b) any reference in the member’s pension plan to the CPP deduction shall be replaced by a reference to the member’s division annuity deduction;

  • (c) the member’s minimum death benefit, if any, shall be determined as if the member’s annuity were the member’s division annuity;

  • (d) any benefits that are or may become payable to the member’s spouse, former spouse, common-law partner or children on the death of the member are to be excluded; and

  • (e) supplementary benefits, including supplementary benefits payable under the Supplementary Retirement Benefits Act, are determined on the basis of the benefit indices established under that Act that would have applied had the member ceased to be employed on the earlier of separation day and termination day, increased to take into account the period beginning on January 1st of the year in which valuation day occurs and ending on valuation day.

• (2) Where on valuation day, a member is in receipt of a pension by reason of disability, the member’s accrued pension benefits to be valued are the pension benefits that the member would be entitled to if the member were not entitled to a pension by reason of disability.

• (3) Where a member dies before a transfer is effected pursuant to paragraph 8(1)(a) of the Act, the calculation of the member’s pension benefits shall be made as if the member had not died and

  • (a) if the member was employed on the date of death, termination day shall be deemed to be the day before the date of death; and

  • (b) if the member was in receipt of a pension on the day before the date of death, the member’s accrued pension benefits shall be determined as of the day before the member’s death.