Following the breakdown of a marriage, civil union or de facto union, the former spouses can share the pension benefits accrued in a supplemental pension plan subject to the Act respecting supplemental pension plans . Spouses formerly in a marriage or civil union When partitioning their family patrimony, spouses formerly in a marriage or civil union must consider the pension benefits accrued in their supplemental pension plans during the marriage or civil union. They should consult a lawyer to find out if the benefits are covered by their matrimonial regime, in particular if they have renounced partition of the family patrimony. Spouses formerly in a de facto union Spouses formerly in a de facto union, including same-sex spouses, can partition the benefits accrued in a supplemental pension plan after the breakdown of their union on the basis of a written agreement made within 12 months following the breakdown. Statement of benefits accrued in a pension plan (estimate)
Before applying for partition, the former spouses can ask the plan administrator for a statement indicating the value of the benefits accrued in the plan at the time of the break-up. The estimate in the statement will help the former spouses make a decision adapted to their situation.
After receiving an application for a statement of benefits, the plan administrator sends each former spouse a statement setting out the total value of the benefits accrued in the plan and, for spouses formerly in a marriage or civil union, the value of the benefits accrued during the marriage or civil union. Partition of benefits In general, a former spouse who is awarded benefits following partition will not receive the amount in cash. The benefits can be used only to generate retirement income. In most cases, the former spouse will transfer the amount, with interest, to another type of retirement plan, such as a locked-in retirement account (LIRA) or life income fund (LIF). The former spouse may also leave the amount in the plan, under his or her own name, or transfer it to his or her existing pension plan if this is allowed by the rules of the plans concerned. Interest will be added to the amount awarded to the former spouse, from the date on which the spouses ceased to live together or the date on which proceedings were instituted, as the case may be, until the time when the amount is transferred to the former spouse. The interest is deducted from the participating spouse’s remaining benefits under the plan. Exception The former spouse may receive his or her share in cash in the following situations:
More information For more information concerning a pension plan, contact the plan administrator.
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