Benefits in the event of separation or a divorce

In the event of a divorce/separation or a permanent conclusion to a relationship of a conjugal nature, the superannuation benefit entitlements accrued by a PSSA participant during the course of a marriage or period of cohabitation in a relationship of a conjugal nature may be divided in accordance with the provisions of the Pension Benefits Division Act (PBDA).

Married persons who have separated or divorced, and persons who have lived in a relationship of conjugal nature for a minimum of one year and have separated are eligible to receive a division of accrued superannuation benefit entitlements. The PBDA requires a formal application for division from either party to the marriage or relationship of a conjugal nature and must be accompanied by a court order or separation agreement between the parties providing for the division of accrued superannuation benefit entitlements. In the event the application is based on a separation agreement, the couple must have been separated for a minimum of one year.
 
Should the application for division be approved, a lump sum representing the share of the accrued superannuation benefits subject to division will be transferred to either a registered savings vehicle designated by the receiving party or a life insurance company to purchase a life annuity. The lump sum amount can never exceed 50 per cent of the value of accrued superannuation benefit entitlements subject to division. The superannuation benefits of the PSSA participant will be reduced to reflect the division.
 
PSSA participants will receive notification of any application filed for division of his/her accrued superannuation benefit entitlements. An objection to the division may be filed within 90 days of the date the notice of application was sent and can only be based on the following grounds as specified under the PBSA: 
  • the court order or agreement the parties has been changed longer valid; 
  • the terms of the court order agreement between the parties been satisfied, or are being by some other means; 
  • the court order has been appealed the terms of the agreement the parties are being challenged court.
The PBSA also discretion to the Minister of Public and Government Services to approve a division if he/she that it would not be just to do Due to the complexity associated with the administration superannuation benefits division the PBDA, any PSAC member information or assistance in encouraged to contact directly Client Advisory Services Superannuation, Pension Transition Client Services Sector at the telephone or facsimile numbers: Telephone No.: 1-800 883-1411 Telecommunication Device for Hearing Impaired: 1-506 533- Facsimile No.: 1-506 533-5457 

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July 15, 2013
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