Application for Division

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.

Application

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 Next Page - Division and Payment section for specific details pertaining to the payment process.

Documents and Forms

1. Required - Form PWGSC-TPSGC 2486 titled "Application for Division of a Public Service Superannuation Act Pension in accordance with the Pension Benefits Division Act".

   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.

2. Required – Court Order or written Agreement that:
   • provides for the division of the accumulated pension benefits and that;
   • establishes the dates of the period of cohabitation subject to division, including any dates when interruptions occurred.

   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:

   • a lawyer, notary public or commissioner for oaths has to witness form PWGSC-TPSGC 2484.
   • the Court Order has to be certified by the Clerk of the Court, original signature or stamp;
   • the written Agreement has to be the original or a certified true copy.

   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 Contact Us - Public Service Pension Centre for further details.

3. If applicable – Authorization to act on behalf of the applicant

   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.

4. If applicable– Copy of the marriage certificate

   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 Contact Us - Public Service Pension Centre.

Notification and Objection

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 Next Page - 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 Contact Us - Public Service Pension Centre. If the objection is valid, the application for division is put on hold until the objection is resolved.

* The non-applicant may waive the 90-day objection period in writing but only after having received the notification letter from us.

There are three grounds for objection:

1. the Court Order or written Agreement has been changed or is no longer valid; or
2. the terms of the Court Order or written Agreement have been or are being satisfied by other means; or
3. proceedings are under way to appeal or review the Court Order or to challenge the terms of the written Agreement (documents from the court are required to confirm that such proceedings are underway).

Documentation in support of the objection must be forwarded to the Contact Us - Public Service Pension Centre 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 Next Page - Division 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.

Next Page - Division and Payment