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> > In the Event of Divorce or Separation |
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Retired Member - In the Event of Divorce or Separation
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Printable Version
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In the event that your marriage or relationship of a conjugal nature breaks down, it is important to understand the possible impact on your pension and insurance benefits plans. The following information
outlines the potential consequences to your plans.
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You may want to know... |
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Can your pension benefits be divided in the event of divorce or separation?
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Who is eligible for a division of pension benefits?
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What steps are involved in obtaining a division of pension benefits?
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How does a pension division affect your pension?
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How are your survivor benefits affected?
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Will your spouse be entitled to a survivor benefit upon your death if you are separated?
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How is your Supplementary Death Benefit (SDB) Plan affected?
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How are my insurance benefit plans affected?
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Can your pension benefits be divided in the event of divorce or separation?
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Yes. The Pension Benefits Division Act
provides for the division of the pension benefits that you have accumulated under the Public Service Pension Plan (PSPP) in the event of your
marriage or common-law relationship breakdown.
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Who is eligible for a division of pension benefits?
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You or your spouse/common-law partner may apply after you have been separated for at least one year. However, if the application is based on a court order
pertaining to divorce, annulment or separation, then the one-year separation requirement does not apply.
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In the case of a common-law relationship, an application may be made only if your relationship lasted a minimum of one year.
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In either case, you must have a court order or written agreement signed by you and your spouse that provides for the division of your pension benefits.
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What steps are involved in obtaining a division of pension benefits?
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Either you or your former spouse/common-law partner may apply for a pension benefits division.
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Step 1: |
Request information on pension benefits division.
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If you want an estimate of the division amount before you apply for a division, you must submit the
Request for Pension Benefits Division Information
form (PDF 19.56 KB), along with any other required documents.
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Step 2: |
Apply for pension benefits division.
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You must submit the Application for Division of a Public Service Superannuation Act Pension
form (PDF 1.02 MB), along with your court order or written agreement, and any other required documents.
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Step 3: |
Division of pension benefits.
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Once the division is approved, the amount representing the value of the benefits earned during the period subject to division is transferred into a chosen registered retirement savings account(s).
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These steps are described in further detail in the Pension Benefits Division Act (PBDA) Information Kit.
For a summary of the Act and its Regulations,
consult the Pension Benefits Division Act - Description and the
Pension Benefits Division Act - Program Overview.
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How does a pension division affect your pension?
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If you are in receipt of a pension, your pension will be reduced immediately upon completion of the division.
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How are your survivor benefits affected?
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If you are divorced, your former spouse will not be entitled to a survivor benefit.
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For more information, consult the Treasury Board of Canada, Secretariat.
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Will your spouse be entitled to a survivor benefit upon your death if you are separated?
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If you are separated from your legal spouse, but not divorced, your spouse will be entitled to a survivor benefit.
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In cases where you are separated from your legal spouse and have a division of pension benefits, your former spouse is only entitled to a survivor benefit in respect of the portion not covered by the division.
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If a valid claim for a survivor benefit is made by both a legal spouse from whom you are separated and by a common-law partner, the survivor benefit will be apportioned based on the
length of your relationship with each claimant.
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How is your Supplementary Death Benefit (SDB) Plan affected?
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There is no impact for SDB purposes.
However, your former spouse will still be entitled to receive your SDB benefit if you have named this person as your beneficiary.
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To designate a new beneficiary, you must complete a new Naming or Substitution of a Beneficiary form (PDF 654 KB).
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How are my insurance benefit plans affected?
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Once you become divorced, your former spouse is no longer eligible for benefits under the following plans:
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Public Service Health Care Plan (PSHCP)
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Pensioners' Dental Services Plan (PDSP)
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