Retirement Benefit upon Separation or Divorce
On marriage breakdown effective July 1, 1995 or later, which includes separation and divorce, the Trustees of the Plan are bound by the Family Relations Act. Effective July 1, 1995, the Family Relations Act was amended to:
- reduce the need for lengthy and possibly expensive court proceedings in deciding how a pension is to be divided;
- reduce the need for ex-spouses to maintain financial ties; and
- ensure that both partners in a marriage breakdown receive a fair division of retirement income.
Under the Family Relations Act, an ex-spouse may make an application to the Trustees of the Plan to become a "Limited Member" of the Plan if there is an agreement or court order pertaining to a division of pension. A copy of the agreement or court order must be filed with the Administration office. A "Limited Member" has the right to request specific information about Plan benefits, receive annual information and receive retirement benefits directly from the Plan.
Applications and forms required under the Family Relations Act to apply for Limited Membership are available at the Administration Office. An administration fee of $500.00 is required prior to any calculations being performed and/or pension benefit payments being paid pertaining to the division of pension.
Limited Members who are entitled to a proportionate share of a Member's unmature pension are not entitled to any future retirement increases.
Alternate Arrangements to Settle Family Assets with a Ex-Spouse
Pension benefits form part of family assets subject to a division on marriage breakdown. If you wish to make alternate arrangements for a division of your pension we advise you to consult with a lawyer. A lawyer may require an actuary to determine the value of your Plan benefits. The Plan does not provide this actuarial service.
Note: Contact the Plan Administrator for additional information concerning division of benefits on marriage breakdown.