Contents of the application for a statement of benefits

Important Notice

Please consult Newsletter number 32, Amendments to the Regulation respecting supplemental pension plans effective 4 January 2018, as well as division V – Transfer of benefits between spouses This link will open in a new window. of the Regulation respecting supplemental pension plans, to find out the rules for partition applicable to spouses in a civil union, the changes to the payment methods applicable to the former spouse, and the calculation of member benefits after partition.

The plan administrator must ensure that the application for a statement of benefits for the purposes of partition is complete and that it fulfills certain requirements.

Married spouses in mediation

  • Names and addresses for both spouses
  • Proof of the date of marriage
  • An attestation signed by both spouses as to the date of the end of the conjugal relationship
  • An attestation from the mediator confirming the mediation

For the plan administrator

  • The proof of the date of the marriage must meet the administrator's satisfaction. For example, it could be a marriage certificate from the Directeur de l'état civil for spouses who married in Québec.

Married spouses who have instituted an action

  • Names and addresses for both spouses
  • Proof of the date of marriage
  • Proof of the date of the institution of the action

For the plan administrator

  • The proof of the date of the institution of the action must meet the administrator's satisfaction. For example, it could be a copy of the divorce application that was filed with the court stamped with the filing date (clerk's seal). The administrator may also accept a copy of the court docket or a certificate from the clerk of the court.
  • This is the sole case in which only one of the spouses (or his or her representative) can obtain a statement of benefits, with a copy being sent to the other spouse, without the latter's consent.
    • In all other cases, one of the spouses may file an application, but he or she has to have obtained the necessary attestations from the other spouse.

De facto (common law) spouses 

  • Names and addresses for both spouses
  • The member's declaration that he is not married
  • Attestation from both spouses as to the dates of the beginning and end of the conjugal relationship
  • If applicable, proof that they had a child together

For the plan administrator

To be deemed to be former de facto spouses (same-sex or opposite-sex) the following conditions must be met:

  • Before the breakdown of the conjugal relationship, the former spouses have to have lived together for at least 3 years, or 1 year if a child was or is to be born of their union or they have adopted a child.

and

  • The plan member must be neither married nor in a civil union.

Important

The plan member only must not be married, a requirement which does not apply to his or her former de facto spouse.

A member who is separated from bed and board is considered to be married. Therefore, his or her former de facto spouse cannot be recognized as such.


Among other things, the purpose of the required information is to ensure that former spouses fulfill the above conditions.

Make it simple

We offer forms for spouses with detailed instructions that spouses can use to obtain a statement.

You can give the forms to members who are separating. However, they can file an application without using the forms.

Find out more...

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