Contents of the application for partition
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 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.
Certain conditions apply to the application for partition. Before proceeding, you must be sure that the application is accompanied by all the required documents.
- Either one of the former spouses can apply for partition.
- If the application is signed by both spouses, however, the procedure is simplified and can be carried out more rapidly.
Former married spouses
Judgment of the breakdown of a conjugal union (judgment of divorce, of separation from bed and board, of civil annulment of marriage or for payment of a compensatory allowance)
- In the absence of one of these judgments, partition of benefits cannot be carried out; they are unassignable.
Another judgment related to partition of the plan (if any) - In almost all cases, the judgment related to the breakdown of a union also expresses an opinion on partition of benefits.
Partition is provided for in the judgment, or the judgment confirms an agreement on partition of benefits, which is then appended to the judgment. Thus, the judgment of the breakdown of a union, including any agreement it confirms, is sufficient. However, if another judgment has been pronounced on partition of the pension plan, it is necessary to produce that judgment.
Certificate of non-appeal - The certificate of non-appeal is required in order to ensure that no appeal was lodged against partition.
Certificate of divorce - precaution
The certificate of divorce certifies only that no appeal was lodged against divorce. Thus it can be issued even if an appeal was lodged against partition of benefits.
Therefore, any administrator who carries out partition based on the certificate of divorce, rather than the certificate of non-appeal, does not have best possible evidence and can be held responsible for the consequences if partition is carried out improperly.
Former de facto (common law) spouses
Written agreement between the former de facto spouses - Partition can be carried out only if there is an agreement.
- The agreement must be reached, but not necessarily sent to the administrator, within 12 months following the breakdown of the union.
Choices related to the transfer of benefits - Former married and de facto spouses
Although not necessary to consider the application complete and for the time limit for payment to begin, the administrator must receive the former spouse's payment options before payment can be made.
Making things easier for you
forms, with detailed instructions, that the former spouses can use to apply for partition of a pension plan.
You can give the forms to members who are separating. However, they are not required to use them.
For more information