Changes were made to the public service pension plan effective January 1, 2013. For more information on the changes to the pension plan, visit the Information concerning changes to the public sector pension plans page of the Treasury Board of Canada Secretariat Web site or contact the Government of Canada Pension Centre.
We appreciate your patience while we gradually update all of our videos, publications and Web sites to reflect these changes.
This information package provides a summary of the division of pension benefits process upon marriage or common-law breakdown as provided for under the Pension Benefits Division Act (PBDA). It is intended for pension plan members under the Public Service Superannuation Act (PSSA) and their spouse or former spouse/common-law partner. It is for information purposes only. In the event of any discrepancies between the content of this package and the PBDA and its associated regulations, the latter will prevail.
The PBDA came into force on September 30, 1994 and provides a mechanism for the division of pension benefits upon marriage or common-law relationship breakdown. The eligible applicant has to apply for a division of pension and produce a Court Order or written Agreement providing for a division of pension benefits. Pension benefits can be divided as part of the division of family assets to a maximum of 50 percent of the value of the pension benefits accumulated during the period of cohabitation.
Note: An application for the division of pension benefits may be submitted even if the Court Order or written Agreement providing for the division of the pension benefits was drawn up before September 30, 1994, the date the PBDA came into effect, provided the plan member had not died prior to September 30, 1992 and the terms of the Court Order or Agreement have not been satisfied by other means.
Explore the following sections to learn more about the division of pension benefits:
This information package may not answer specific questions related to your situation, therefore, you are encouraged to contact the . Government of Canada Pension Centre
The following individuals may apply for a division of pension benefits *. These pension benefits must have accumulated during the period of cohabitation, while married or living together in a common-law relationship:
* Pension benefits include any annuity, annual allowance, transfer value, pension transfer or return of contributions, but do not include survivors' allowances. Purchase of prior pensionable service will count in the division of pension benefits, as long as payments were made during the period subject to division. (Return to footnote *)
There are four steps in the process related to the division of pension benefits.
You may request an estimate of the maximum transferable amount allowed for division before making an application. You can request an estimate even if you are not yet separated or divorced. Refer to the Request for Estimate section for specific details, including required documents and forms.
The application for division of pension benefits is the process for an eligible applicant to formally request a division of the plan member's pension benefits, accumulated during the period subject to division, as stated in a Court Order, written Agreement or supplementary documentation.
Refer to the Application for Division section for specific details, including required documents and forms.
Once the application is approved, the division payment is transferred into a locked-in registered retirement vehicle chosen by the recipient. In some cases, a portion of the payment may be paid directly to the recipient and taxed at source. Refer to the Division and Payment section for specific details.
After the division payment has been transferred to the recipient's locked-in registered retirement vehicle, the plan member's pension benefit is adjusted to reflect the division of pension benefits. We will notify the plan member of the resulting adjustment.
Refer to the Adjustment to the Plan Member's Pension Benefits section for specific details.
Refer to the Process Workflow section for specific details in respect of the division of pension benefits and associated time frame.
This section provides specific details if you wish to receive an estimate of the maximum transferable amount allowed for division before making a formal application for division. It includes the required documents and forms. An estimate can be requested even if you are not yet separated or divorced. This step is optional as an application for division may be made without an estimate.
Normally an estimate can only be provided once within a 12 month period unless:
The estimate calculation is based on the value of the plan member's pension benefits accumulated during the period of cohabitation and on the information you provide.
You will receive a Pension Benefits Report, which includes the estimate. A general explanation on how to interpret the report will also be included. Note that the division amount quoted on the estimate is the maximum amount that could be transferred on the date the report is prepared.
Note:
This form is required to request an estimate of the maximum transferable amount. Please ensure that you provide the plan member's name and date of birth (section C of the form), otherwise the form will be considered invalid and will be returned to the sender.
If you do not have a Court Order or written Agreement or if all the information required, as specified in paragraph 2 above, is not included in the Court Order or Agreement, you have to complete Form PWGSC-TPSGC 2483 titled "Statutory Declaration in the matter of Provision of Pension Benefits Information under the Pension Benefits Division Act".
If your spouse should request an estimate, the "Statutory Declaration in the matter of Provision of Pension Benefits Information under the Pension Benefits Division Act". Form PWGSC-TPSGC 2483, to be valid, must be witnessed by a lawyer, notary public or commissioner for oaths. There is no requirement to have the form witnessed when you request an estimate.
You only need to provide this document if you are a representative acting on behalf of the plan member or on behalf of the spouse or former spouse/common-law partner. It must be the original or certified true copy.
Once completed, the respective documents and forms must be forwarded to the . Government of Canada Pension Centre
This section provides specific details for you to apply for a division of the pension benefits accumulated during the period of cohabitation. It includes the required documents and forms. The spouse or former spouse/partner may make an application for a division as soon as there is a Court Order or a written Agreement providing for the division.
You have to submit an application for division of pension benefits, as the division is not carried out automatically upon divorce or separation. This can be done at any time. You may also withdraw an application for division at any time until the division payment is transferred to the locked-in registered retirement vehicle. Refer to the Division and Payment section for specific details pertaining to the payment process.
This form is required to apply for a division of the pension benefits accumulated during the period subject to division, as stated by the Court Order, written Agreement or supplementary documentation.
If the period of cohabitation is not included, you have to complete Form PWGSC-TPSGC 2484 titled "Statutory Declaration in the matter of an Application for Division of Pension Benefits under the Pension Benefits Division Act".
To be valid:
Note: If both parties to the division are public service plan members, the difference between the division amounts for each member may be paid to the recipient's locked-in registered retirement vehicle if the Court Order or written Agreement so provides. You may contact the for further details. Government of Canada Pension Centre
This document authorizes a representative to act on behalf of the plan member or on behalf of the spouse or former spouse/common-law partner. It must be the original or certified true copy.
A copy of the marriage certificate is required unless the period subject to division is mentioned in the Court Order.
Once completed, the respective documents and forms must be forwarded to the . Government of Canada Pension Centre
When an application for the division of the pension benefits has been approved, both the applicant and non-applicant will be notified in writing.
The recipient of the division payment will also be provided with instructions on how to direct the payment into a locked-in registered retirement vehicle once the application is approved. Refer to the Division and Payment section for additional details pertaining to the payment of the amount subject to division and required forms.
The non-applicant has 90 days** to file a notice of objection to the division from the date of being notified of the application for division. An objection to the division may be filed in writing to the . If the objection is valid, the application for division is put on hold until the objection is resolved. Government of Canada Pension Centre
** The non-applicant may waive the 90-day objection period in writing but only after having received the notification letter from us. (Return to footnote **)
There are three grounds for objection:
Documentation in support of the objection must be forwarded to the within the 90 day objection period. Once the objection period has expired and no objection has been received, the division will be processed. Refer to the Government of Canada Pension CentreDivision and Payment section for details.
If the non-applicant is able to prove grounds for objection, the application for division will be refused unless or until there is a new Court Order or written Agreement that allows for the division to proceed. The application for division can also be refused, if we cannot determine the period subject to division, as a result of a dispute regarding the dates of cohabitation.
This section provides specific details pertaining to the calculation and payment of the amount resulting from the division of pension benefits.
The plan member's accumulated pension benefits are subject to division before or after retirement. For the member who is in receipt of monthly pension payments, the maximum transferable amount is based on the value of future pension payments only.
Depending on the terms of the Court Order or written Agreement, the recipient can receive up to 50 percent of the actuarial present value of the plan member's pension benefits accumulated during the period subject to division. The actuarial present value is a lump sum equivalent to a pension benefit normally payable in the future. If the Court Order or written Agreement provides for the transfer of a smaller lump sum amount, this smaller amount will apply.
The division payment is transferred as a lump sum directly to a locked-in registered retirement vehicle chosen by the recipient. The recipient can also choose to have the funds transferred to a life income fund, to another registered pension plan or to a financial institution or life insurance company for the purchase of an immediate or deferred life annuity. The division payment can be transferred into several accounts, as long as they are locked-in registered retirement vehicles. Recipients are responsible for consulting with their chosen institution as to their financial options.
If, the recipient of the division payment is also a plan member under the Public Service Superannuation Act (PSSA), the division payment can be used as payment towards an ongoing purchase of prior pensionable service. (For additional information on prior pensionable service buyback, consult the Service Buyback Package).
The division payment can also be used to repay deficiencies in contributions for periods of leave without pay.
As the division payment is transferred into a locked-in registered retirement vehicle, taxes do not apply until the recipient starts receiving periodic benefits from the chosen financial institution. However, if any portion of the division payment exceeds the limits allowed under the Income Tax Act, it is paid directly to the recipient and income tax is withheld at source. For additional details on income tax, we invite you to consult the CRA Website.
When the division payment is transferred to the recipient's locked-in registered retirement vehicle, the plan member's pension benefits will be adjusted and the will notify the member accordingly. Government of Canada Pension Centre
Where the plan member is still actively employed, the adjustment will only take effect on the date of his entitlement to pension benefits.
Where the plan member is in receipt of pension benefits, the adjustment will take effect the first of the month following the division, unless the plan member is in receipt of an annuity for medical reasons.
If the plan member is in receipt of an annuity for medical reasons, the adjustment to the pension benefits will only take effect on the date the plan member would become entitled to an immediate annuity. In other words, the adjustment is only effective when the plan member reaches age 55 with at least 30 years of pensionable service or age 60 with at least 2 years of pensionable service, for plan members on or before December 31, 2012.
For those who became plan members on or after January 1, 2013, the adjustment will only take effect when the member reaches age 60 with at least 30 years of pensionable service or age 65 with at least 2 years of pensionable service.
Note: If the plan member regains his health and makes an option for an annual allowance (AA), the reduction takes effect on the date of entitlement to the AA.
This section provides specific details in respect of the division of pension benefits process workflow and associated time frame.
While we intend to process requests within the specified time frame, in some cases, the process may be delayed for reasons beyond our control. Some possible reasons for delays are:
Refer to the following sections, Request for Estimate or Application for Division, to learn more about each specific process workflow and associated time frames:
You are interested in receiving information related to the division of pension benefits
WHAT DOES AN APPLICANT DO?
Consult the Division of Pension Benefits Package for general information related to the division process.
WHEN DOES AN APPLICANT DO IT?
Anytime
WHAT DOES AN APPLICANT DO?
Contact the for additional information. Government of Canada Pension Centre
WHEN DOES AN APPLICANT DO IT?
As required.
WHAT DO WE DO?
Provide the applicant with general information on the division of pension benefits.
WHEN DO WE DO IT?
Phone call inquiries: Returns phone calls within 48 hours
Written inquiries: Replies to written requests within five working days of receiving all required documentation
You are interested in receiving an estimate of the amount allowable for division
WHAT DOES AN APPLICANT DO?
Request an estimate of the maximum transferable amount allowed for division. This step is optional as an application for division may be made without an estimate.
Refer to the Request for Estimate section for specific instructions, including required documents and forms.
WHEN DOES AN APPLICANT DO IT?
Anytime before proceeding with an application for the division of the pension benefits.
WHAT DO WE DO?
Provide the applicant with a pension benefits report, which includes the estimate of the maximum transferable amount allowed for division.
WHEN DO WE DO IT?
Within five working days of receiving all required documents and forms.
Note: There may be delays for reasons beyond our control. As an example, a service standard of seven working days has been established with the plan member's current employer, when additional information is required to process the estimate request.
You are interested in applying for a division of the pension benefits
WHAT DOES AN ELIGIBLE APPLICANT DO?
Apply for a division of the pension benefits.
Refer to the Application for Division section for specific instructions, including required documents and forms.
WHEN DOES AN ELIGIBLE APPLICANT DO IT?
Anytime after separation or divorce.
WHAT DO WE DO?
Validate the application for division and supporting documents.
Forward a letter to the applicant and non-applicant confirming receipt and acceptance of an application for a division of the pension benefits. The non-applicant will also be notified about the objection period
Note: The above mentioned letter will include instructions regarding the forms to be completed by the recipient and the chosen institution to process the transfer:
Form T2151 E titled "Direct Transfer of a Single Amount Under Subsection 147(19) or Section 147.3"; and
Form PWGSC-TPSGC 2347-18 titled "Certification of Lock-in for Purposes of the Public Service Superannuation Act or the Pension Benefits Division Act".
Request relevant documentation from the plan member's current employer.
WHEN DO WE DO IT?
Within 30 days from date of receipt of the application for division.
WHAT CAN A NON-APPLICANT DO?
File an objection to the division of pension benefits.
Refer to the Notification and Objection section for details pertaining to the approved grounds for objection.
WHEN CAN A NON-APPLICANT DO IT?
Within 90 days from the notification letter.
WHAT CAN A NON-APPLICANT DO?
Waive rights to object to the division (in writing).
Refer to the Notification and Objection section for details.
WHEN CAN A NON-APPLICANT DO IT?
Anytime after having received the notification letter.
Once the objection period has expired and no objection has been received, the division will be processed as follows:
WHAT DO WE DO?
Calculate and transfer the division payment to the recipient's chosen institution.
Refer to the Division and Payment section for details.
Forward a notification letter to the applicant, non-applicant and chosen financial institution, confirming that the payment process has been completed.
WHEN DO WE DO IT?
Within 120 days of receipt of an application or within 45 days of receipt of all required documents and forms.
If the non-applicant submits an objection, we will do the following:
WHAT DO WE DO?
Validate the objection to the division.
If the objection is valid, a letter is sent to the objector and to the applicant, informing both parties that the division of the pension benefits is suspended until the objector submits an amended Court Order or written Agreement.
If the objection is invalid, a letter explaining the reasons for the rejection is sent to the objector and the application for division of the pension benefits is processed.
WHEN DO WE DO IT?
Within 15 days from the date of receipt of the objection to the division.
This report presents the approximate value for a potential division under the Pension Benefits Division Act (PBDA). The value is an estimate of the maximum potential payment under the PBDA in respect of the pension benefits acquired by the plan member under the Public Service Superannuation Act (PSSA) and a Retirement Compensation Arrangement (RCA) during the period subject to division (PSTD). Additional data related to the member's pension benefits accrued during this period are also provided.
The value provided is an estimate as of the date of the report. If an application for division is made, the maximum amount payable will be the value at the date of payment (refer to 14.1 below for more details). This may differ from the estimate depending upon changes in the member's circumstances, or in the actuarial assumptions, that may have occurred in the interim. In particular, the following changes can alter the value significantly:
To help you understand the attached PBDA Pension Benefits Report, an explanation of each of the data items is provided below.
Vested means that the member is entitled to an immediate or deferred annuity or has the minimum service to be eligible for an annuity if he or she were to terminate employment as of the date the report was prepared (4);
Non-vested means that the member would be entitled only to a return of contributions if he or she were to terminate employment as of the date the report was prepared (4).
Active means that the member is still employed and contributing under the PSSA/RCA;
Pensioner means that the member is no longer employed with the federal government and is receiving a pension or is entitled to receive a pension commencing at a future date.
Terminated means that the member has terminated employment and is entitled to a lump-sum benefit, has opted to transfer to another plan, or has not yet selected the type of pension benefit that he or she wishes to receive. (For purposes of the PBDA, a member who is terminated and vested is considered to be entitled to a deferred annuity.)
From: The date on which you started living together in a marriage or common-law relationship.
To: The date on which you stopped living together.
These dates are those indicated in the court order or spousal agreement as the dates of cohabitation or those you have indicated on the Statutory Declaration. If a court order is submitted which indicates a different period for purposes of dividing the pension benefits, the period specified in the order will apply.
NOTE: If you were still living together at the time of this request, the PSTD is considered to have ended on the 31st of December of the year prior to the year in which you submitted your request.
the years of pensionable service paid for during the PSTD multiplied by the member's average salary for the best 5 *** consecutive years at the end of the PSTD multiplied by 2%.
This annual annuity amount forms the basis of the actuarial calculations to determine the MTA (14.1). A value appears in this field only if the member is vested.
*** The best 6 consecutive years will apply if the PSTD ended prior to June 17, 1999. (Return to footnote ***)