Amendments to the Pension Benefits Act and Regulations

As of June 4, 2001

What's Changed?

The rules relating to division of pensions and pension benefits on marriage breakdown or cessation of a common-law relationship have been revised. Pensions in pay may now be divided, and separation agreements may be used to make a division. You can view a PDF containing a flowchart (PDF: 65k) that explains the steps a person takes to receive a division of a pension or pension benefits after separating from their spouse or common-law partner.

Also Changed . . .

The definition of spouse has been revised and a definition of "common-law partner" has been introduced. Individuals of the opposite or same sex who are cohabiting in a conjugal relationship of at least two years are recognized as common-law partners.

Domestic partners registered under the Vital Statistics Act may also be recognized as spouses under the Pension Benefits Act, subject to the requirements of the Income Tax Act (Canada).

Garnishment of pensions and attachment of pension benefits by the Director of Maintenance Enforcement for maintenance arrears are now recognized specifically under the Pension Benefits Act.

How Do These Changes Affect Plan Administrators?

Required amendments to pension plans must be filed by the administrator with the Superintendent of Pensions by June 30, 2002.

How Do These Changes Affect Separating Spouses or Common-Law Partners?

As of June 4, 2001, any divorces or separation agreements which address the division of pensions or pension benefits must comply with the new regulations. The regulations specify what must be addressed in the separation agreement or court order in order to divide a benefit.

How Can I Get More Information?

You can read the Pension Benefits Act and Regulations
Or you can contact Environment and Labour's Pension Regulation Division by calling Nancy MacNeill-Smith, Superintendent of Pensions at 902-424-8915 or e-mail macneiln@gov.ns.ca.