Pension Diversion Regulations

Pension Diversion Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 22, 24, 25, 27 and 36 of the Garnishment, Attachment and Pension Diversion Act*, is pleased hereby to make the annexed Regulations respecting diversion of pension benefits to satisfy financial support orders. S.C. 1980-81-82-83, c. 100 [Repealed, SOR/2020-265, s. 12] The definitions in this section apply in these Regulations. Act means the Garnishment, Attachment and Pension Diversion Act. (Loi) plan member means a person who is or may be entitled to a pension benefit under the Public Service Superannuation Act, under Part I of the Canadian Forces Superannuation Act or under the Reserve Force Pension Plan Regulations and against whom there is a financial support order. (participant au régime) An application referred to in subsection 33(1) of the Act shall be signed by the applicant or the person or provincial enforcement service making the application on the applicant’s behalf and shall contain the following information: in respect of a recipient, the recipient’s surname and given names, date of birth, most recent address known to the applicant or the person or provincial enforcement service making the application and the year that the recipient was known to reside at that address, social insurance number or regimental number, if known, previous surname, if applicable, pension, annuity or superannuation number, if known, most recent place of employment in the public service of Canada known to the applicant or the person or provincial enforcement service making the application, and most recent year of employment in the public service of Canada known to the applicant or the person or provincial enforcement service making the application, each enactment referred to in the schedule to the Act pursuant to which a pension benefit is payable to the recipient, if known, and any other information that would aid in establishing the recipient’s identification; in respect of an applicant, the applicant’s place of residence at the time the application is made, and mailing address; where the applicant is in the custody and control of another person, the full name and address of the other person; where the application is made on behalf of the applicant by another person or a provincial enforcement service, that person’s or provincial enforcement service’s full name, address and legal relationship to the applicant; where a diversion payment is to be made to a person designated in a financial support order, other than the applicant, the full name and address of that person; the amount payable under the financial support order by way of either periodic payments or lump sum payment, or a combination of both, at the time the application is made; and a declaration that the information in the application is correct and that the information was provided for the purpose of applying for a diversion of a pension benefit under the Act. If an applicant or a person or provincial enforcement service making an application is unable to provide the recipient’s date of birth but provides other information sufficient to enable the Minister to identify the recipient within a reasonable time, the requirement that the application contain the recipient’s date of birth shall be waived. An application referred to in subsection 33(1) of the Act shall be accompanied by the following documentation: where an applicant’s name is different from the name shown on the financial support order a certified copy of the certificate evidencing the change where a formal change of name has occurred, or a statutory declaration by the person making the application as to the circumstances concerning the difference in any other case; [Repealed, SOR/2020-265, s. 15] where an applicant is in the custody and control of another person, a certified copy of any relevant court order or a statutory declaration by the other person as to the circumstances concerning the custody and control of the applicant; and a certified copy of the financial support order or, if the application is made by a provincial enforcement service, a copy of that order. A statement of arrears of maintenance, alimony or support submitted under subsection 33(2.2) of the Act shall contain the following information: the recipient’s given names and surname; the applicant’s given names and surname; if known, the recipient’s social insurance number and date of birth; if known, the recipient’s pension, annuity or superannuation number; the amount of the arrears, including interest; and a declaration made by the provincial enforcement service that the information in the statement is correct and that the information was provided for diversion of a pension benefit under the Act. The statement of arrears may accompany the application made under subsection 33(1) of the Act or may be submitted later in accordance with section 5. An application referred to in subsection 33(1) of the Act and a statement of arrears of maintenance, alimony or support shall be sent to the applicable address, as follows: if the recipient was a member of the Canadian Forces Minister of Public Works and Government Services Government of Canada Pension Centre – Mail Facility 150 Dion Boulevard P.O. Box 9500 Matane, Quebec G4W 0H3; if the recipient was a judge or prothonotary to whom the Judges Act applies Minister of Justice Attention: General Counsel, Legal Services Office of the Commissioner for Federal Judicial Affairs99 Metcalfe Street, 8th Floor Ottawa, Ontario K1A 1E3; if the recipient was a member of the Senate President of the Treasury Board Attention: Human Resources, Senate of Canada Parliament Buildings Ottawa, Ontario K1A 0A4; if the recipient was a member of the House of Commons Attention: Pension and Entitlement Officer – Members of Parliament Retiring Allowances Government of Canada Pension Centre P.O. Box 5155 Shediac, New Brunswick E4P 8T9; if the recipient was a member of the Royal Canadian Mounted Police P.O. Box 8500 Matane, Quebec G4W 0E2; and in any other case, or in cases of doubt P.O. Box 8000 Matane, Quebec G4W 4T6. The application and statement of arrears may be sent by mail, registered mail or any means of electronic communication that is agreed to by the Minister. Where an application referred to in subsection 33(1) of the Act is received and the person named as a recipient in the application is not a recipient as defined by subsection 32(1) of the Act at that time, the application shall be retained by the Minister for a period of 12 months. A notification referred to in section 34 of the Act shall contain a statement that a duly completed application for diversion of the recipient’s pension benefit has been made on behalf of named persons, domiciled and habitually resident at the time of the application in a stated province, territory or foreign country or place, the address of the recipient stated in the notification is the address that will be used by the Minister for purposes of any diversion, a diversion of a stated amount or stated portion of the net pension benefit will be made for the benefit of the applicant no later than a stated date, and the recipient may at any time apply to the Minister in accordance with the Act and these Regulations for a variation or termination of the diversion; be accompanied by a copy of the financial support order on which the application is based and the statement of arrears of maintenance, alimony or support, if any; and be sent if the recipient’s latest known address is in Canada, by mail, registered mail with an acknowledgement of receipt or any means of electronic communication, and in any other case, by air mail or other similar means. Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable in advance of any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be determined in accordance with the relevant provisions of the Act as if there were only one such type of payment at the relevant time. Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable at the same time as any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be governed by the following rules: where the relevant financial support order provides only for a lump sum payment, the amount specified in the order shall first be satisfied out of the lump sum portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and, if any amount thereof remains unsatisfied, that amount shall be treated as a new lump sum payment to be satisfied in accordance with section 37 of the Act as if the recipient’s pension benefit consisted only of periodic payments; where the relevant financial support order provides only for periodic payments, the payments shall be satisfied out of the periodic payments of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments; and where the relevant financial support order provides for both a lump sum payment and periodic payments, the lump sum payment portion shall be satisfied out of the lump sum payment portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and the periodic payments shall be satisfied out of the periodic payments portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments. In this section, applicant’s proportionate share means, in respect of an applicant, the quotient obtained by dividing the amount specified in the financial support order of the applicant by the sum of the amounts specified in the financial support orders accompanying the two or more duly completed applications for diversion referred to in subsection (3) or (4). This section applies where two or more duly completed applications for diversion of a recipient’s net pension benefit are received before a diversion is made or where a diversion of a recipient’s net pension benefit is being made and another duly completed application for diversion of the pension benefit is received. Where two or more duly completed applications for diversion of a recipient’s net pension are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be that portion of the net pension benefit multiplied by the applicant’s proportionate share, to a maximum of the amount specified in the financial support order of the applicant. Where two or more duly completed applications for diversion of a recipient’s net pension benefit are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is not, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be if the sum of the amounts specified in the financial support orders accompanying the applications is equal to or less than the net pension benefit, an amount equal to the amount that would be diverted to that applicant had that applicant been a sole applicant under the Act; or if the sum of the amounts specified in the financial support orders accompanying the applications is greater than the net pension benefit, the net pension benefit multiplied by each applicant’s proportionate share, to a maximum of the net pension benefit that would be diverted to that applicant had that applicant been a sole applicant under the Act. Where the amount of the recipient’s net pension benefit to be diverted to an applicant pursuant to paragraph (4)(b) is less than the maximum referred to in that paragraph, the amount, not to exceed that maximum, to be diverted to that applicant shall be equal to the amount diverted to that applicant pursuant to paragraph (4)(b); and the amount of the difference, if any, between the sum of the amounts to be diverted to each applicant from that net pension benefit pursuant to paragraph (4)(b) and the net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act. The notification referred to in paragraph 39(1)(b) of the Act may be sent by mail, registered mail or any means of electronic communication. The copy of a varied financial support order referred to in subsection 39(5) of the Act shall be a certified copy unless it is submitted by a provincial enforcement service. An application, pursuant to subsection 41(1) of the Act, for a variation in the amount being diverted with respect to a diversion may be made on the grounds that the financial support order or the statement of arrears of maintenance, alimony or support on which the diversion is based has been varied or replaced by another financial support order or statement of arrears, as the case may be, that would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations; a statement of arrears of maintenance, alimony or support has been submitted that would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations; there has been a change in the applicant’s or recipient’s habitual residence and that change would result in a change in the amount to be diverted as calculated in accordance with the Act and these Regulations; there is a change in the status of a person on whose behalf diversion payments are being made to another person; there is a change in a condition of payment specified in the financial support order on which the diversion is based that changes the amount to be paid pursuant to the order; or a written request for a reduction in the amount being diverted has been made by and signed by the applicant or the person or provincial enforcement service to whom diversion payments are being made for the benefit of the applicant. An application, pursuant to subsection 41(1) of the Act, for termination of a diversion may be made on the grounds that there is a change in a condition of payment specified in the financial support order on which the diversion is based that has the effect of terminating the order; the order is terminated, rescinded or nullified by another order or a judgment of a court; or a written request to terminate the diversion has been made by and signed by the applicant or the person or provincial enforcement service to whom diversion payments are being made for the benefit of the applicant. An application referred to in subsection (1) or (2) shall be signed by or on behalf of the applicant or recipient and shall contain a written request for a variation in the amount being diverted or for termination of the diversion, as the case may be, sufficient information to enable the Minister to identify the applicant and recipient, a statement of the grounds for the application, and written evidence of the facts alleged concerning the application sufficient to permit the Minister to ascertain the truth of the facts. For the purposes of the definition net pension benefit in subsection 32(1) of the Act, the prescribed deductions shall be any arrears of income tax required to be retained pursuant to section 224.1 of the Income Tax Act and any amount required to be withheld as income tax in relation to a recipient domiciled outside of Canada or in relation to a lump sum payment; any amount deducted from the recipient’s pension benefit for instalments being paid in respect of elective service and deficiencies in pension contributions for current or elective service; any amount deducted from the recipient’s pension benefit pursuant to an Act of Parliament, but not including income tax, other than the income tax deduction set out in paragraph (a), and any pension diversion made pursuant to Part II of the Act; any amount deducted from the recipient’s pension benefit as a premium payment for a health care or hospital insurance plan; any amount deducted from the recipient’s pension benefit as a premium payment for a group life insurance plan listed in Schedule I; and any amount deducted from the recipient’s pension benefit for supplementary death benefit contributions or shortages of such contributions. A written statement referred to in subsection 37(3) of the Act shall be filed within 30 days after the anniversary date of the commencement of the diversion payments; contain information as to whether or not, to the knowledge of the applicant, the financial support order has been replaced or varied by any other order, the financial support order has been satisfied by the diversion payments made, by any other means or by any combination thereof, and the conditions of payment in the financial support order, if any, are still applicable; and be witnessed by a person who knows the applicant. An application under section 35.3 of the Act shall be made in the form set out in Schedule II and be accompanied by a copy of the financial support order, which shall be a certified copy unless the application is made by a provincial enforcement service. If a person or provincial enforcement service who makes an application referred to in section 35.3 of the Act is unable to provide the plan member’s date of birth but provides other information sufficient to enable the Minister to identify the plan member within a reasonable time, the requirement that the application contain the plan member’s date of birth shall be waived. An application referred to in section 35.3 of the Act shall be sent to If an application is made under section 35.3 of the Act, the Minister shall provide the following information to the person or provincial enforcement service making the application: the date on which the plan member ceased to be employed in the public service of Canada, ceased to be required to make contributions under the Canadian Forces Superannuation Act or ceased to be a participant under subsection 5(1) of the Reserve Force Pension Plan Regulations, as well as the period of pensionable service to the credit of the plan member; the date of birth of the plan member; whether the plan member is, at the time of the application, eligible to exercise an option for a benefit under the Public Service Superannuation Act, the Canadian Forces Superannuation Act or the Reserve Force Pension Plan Regulations; whether the plan member has made such an option and, if so, the details of the option; if the plan member has not exercised such an option, the last day for exercising that option; the amount of the deferred annuity that the plan member would be entitled to receive; the annual allowance that the plan member would be entitled to receive had the member made an option for that benefit on the date of providing the information; and the date on which the information is provided. If an application referred to in section 35.3 of the Act is received and the person named as a plan member in the application has not yet exercised an option under any of sections 12 to 13.001 of the Public Service Superannuation Act, section 18 of the Canadian Forces Superannuation Act or section 45 of the Reserve Force Pension Plan Regulations, the application shall be retained by the Minister for a period of 12 months and the Minister shall inform the person or provincial enforcement service that made the application of any option exercised by the plan member during that 12-month period. The Public Service Management Insurance Plan established under the Financial Administration Act. A Royal Canadian Mounted Police group life insurance plan. [Repealed, SOR/2020-265, s. 27] Protected “B” when completed Protégé « B » une fois rempli Please provide the following information concerning the plan member. ☐ A copy of the financial support order under which the application is made must be attached. I request pension benefits information in respect of the plan member named in Part 1 of this application in accordance with the Garnishment, Attachment and Pension Diversion Act and Pension Diversion Regulations. I understand that a notation reflecting that such a request has been made will be placed on the plan member’s personal record once the information is sent to me. Signature Minister of Public Works and Government Services / Ministre des Travaux publics et Services gouvernementaux Government of Canada Pension Centre – Mail Facility / Centre des pensions du gouvernement du Canada — Service du courrier 150 Dion Boulevard / 150, boulevard Dion P.O. Box 8000 / C.P. 8000 Matane, Quebec G4W 4T6 / Matane (Québec) G4W 4T6