March 15, 2004
Amendments to the Pension Benefits Division Regulations
Please ensure that the following information is provided to employees in your
organization as soon as possible.
Background
The purpose of this bulletin is to inform you that the Pension Benefits
Division Regulations have been amended, effective December 3, 2003. These
regulations are made pursuant to the Pension Benefits Division Act.
The Pension Benefits Division Act (PBDA) provides for the division of
pension benefits accrued by members of the Public Service Pension Plan and other
public sector statutory pension plans, following a divorce or separation of the
pension plan member from his or her spouse or common-law partner.
The recent regulatory amendments reflect the amendments made to the Pension
Benefits Division Act (PBDA) by the Modernization of Benefits and
Obligations Act, Statutes of Canada 2000, c. 12 and clarify their
application.
Main changes
The option to request a division of pension benefits is extended to same-sex
common-law partners, under the same rules as apply to opposite-sex common-law
partners.
To have the option to request a division of pension benefits, common-law
partners -whether of opposite sex or same sex - must establish that they have
been cohabiting in a relationship of a conjugal nature for at least one year.
The new regulations also make minor technical changes to take into account
ongoing changes made to certain pension plans subject to the PBDA and to improve
administrative procedures regarding the provision of information to the parties
to a division of pension benefits.
Effective date
The new regulations apply to pension divisions effected after December 2003.
Further information on the application of these regulations may be obtained
by consulting your compensation advisor.
Phil Charko
Assistant Secretary
Pensions and Benefits Sector
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