Pension Benefits Division Regulations (SOR/94-612)

Regulations are current to 2013-04-29 and last amended on 2012-09-01. Previous Versions

VESTED

 For the purposes of these Regulations, a member is considered vested if the member is entitled to receive a pension or would be entitled to receive a pension if he or she ceases to be employed.

  • SOR/2003-408, s. 2;
  • SOR/2007-298, s. 1.

APPLICATIONS

  •  (1) For the purposes of paragraph 4(4)(a) of the Act, an application shall contain the following information:

    • (a) in respect of the member,

      • (i) the member’s name,

      • (ii) the member’s most recent address that is known to the applicant,

      • (iii) the member’s date of birth,

      • (iv) the most recent place of employment of the member in the public service of Canada that is known to the applicant,

      • (v) the day on which the member has ceased to be employed in the public service of Canada, where applicable, if that day is known to the applicant, and

      • (vi) the member’s employee identification number, regimental number or pension number, as the case may be, if that number is known by the applicant; and

    • (b) in respect of the spouse, former spouse or former common-law partner of the member,

      • (i) that person’s name, and

      • (ii) the most recent address of that person known to the applicant.

  • (2) For the purposes of paragraph 4(4)(b) of the Act, if the court order or agreement does not specify the period of cohabitation or the period subject to division, the application shall be accompanied by the following documents:

    • (a) if the interested parties are or were married to each other, an original or certified true copy of the certificate of marriage and a statutory declaration by the applicant stating the date on which they ceased to cohabit; and

    • (b) if the interested parties were not married to each other, a statutory declaration by the applicant stating the date on which the member and the spouse or former common-law partner began to cohabit in a relationship of a conjugal nature and the date on which that cohabitation ceased.

  • SOR/2003-408, s. 3.
  •  (1) Where the applicant making or proceeding with the application is acting on behalf of an interested party, the original or a certified true copy of the document that authorizes the applicant to act for the interested party shall, in addition to the documents that may be required pursuant to subsection 3(2), be submitted to the Minister.

  • (2) Subject to section 6, where the applicant making or proceeding with the application is the personal representative of a deceased interested party, the following documents shall, in addition to the documents that may be required pursuant to subsection 3(2), be submitted to the Minister:

    • (a) the original or a certified true copy of the document that authorizes the applicant to act in that capacity;

    • (b) the original or a certified true copy of the death certificate of the interested party; and

    • (c) evidence that the terms of the court order or agreement remain in force.

  • SOR/2003-408, s. 4.