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1 |
PURPOSE |
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1.1 |
The purpose of this bulletin is to advise compensation
advisors to exercise care when releasing specific information about the
various pension and benefit plans, particularly following the death of
a plan member. |
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1.2 |
In this text, use of the masculine is generic
and applies to both men and women.
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2 |
BACKGROUND |
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2.1 |
The Superannuation, Pension Transition and
Client Services Sector (SPTCSS) has encountered several cases where estates
have been provided with the name of the beneficiary and the amount of the
supplementary death benefit (SDB) payment. This has created problems when
it has led to estates challenging the payment. The release of this information
is also a breach of the Privacy Act.
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3 |
POLICY |
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3.1 |
In accordance with the Privacy Act,
estates are not permitted total access to information regarding the survivor
benefit and the SDB following an employee's death. Estates are only entitled
to the information specifically required for the administration of the
estate. In other words, unless the estate is the beneficiary of the SDB,
it has no right to know the identity of the beneficiary or the amount of
the benefit. Under those circumstances, the estate is entitled only to
general information on how the plan operates. |
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3.2 |
Similarly, estates have no right to know the
identity of those entitled to pension benefits (survivor benefit or minimum
benefit) or the amount of those benefits. |
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3.3 |
Quite often the executor, the surviving spouse
and the beneficiary are the same person. Nevertheless, it is incumbent
on compensation advisors to ensure that they comply with the Privacy
Act and other statutes such as the Pension Benefits Division Act (PBDA)
when releasing information. |
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3.4 |
Compensation advisors are, of course, free
to release general information to anyone on the nature and operation of
the various pension and benefit plans. |
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3.5 |
Compensation advisors may encounter cases where
the deceased employee made provisions for the administration of the SDB
or survivor entitlements following death. However, benefits payable under
the Public Service Superannuation Act (PSSA) are not subject to
the provisions included in wills. A will containing such provisions does
not authorize the compensation advisor to release information beyond the
limits outlined in this bulletin.
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4 |
INQUIRIES |
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4.1 |
Any request for information regarding the content
of this document should be addressed to your Public Works and Government
Services Canada (PWGSC) Compensation Services Office. |