Pension Benefits Division Regulations (SOR/94-612)
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Regulations are current to 2013-05-20 and last amended on 2012-09-01. Previous Versions
16. For the purposes of section 8 of the Act, the value of pension benefits that have accrued to a member who is not vested on valuation day is equal to the sum of
(a) the contributions made by the member under the member’s pension plan during the period subject to division, and
(b) the interest that would have been payable to the member under the member’s pension plan in respect of the amount determined under paragraph (a) had the member begun to be a member of the pension plan on the first day of the period subject to division and ceased to be a member on valuation day.
DIVISION
17. (1) For the purposes of subparagraph 8(1)(a)(ii) of the Act, a retirement savings plan or fund of the prescribed kind is
(a) if the transfer is being made in respect of the spouse, former spouse or former common-law partner of a member who is vested at valuation day, a retirement savings plan prescribed for the purposes of section 26 of the Pension Benefits Standards Act, 1985 and administered in accordance with that Act; and
(b) if the transfer is being made in respect of the spouse, former spouse or former common-law partner of a member who is not vested at valuation day, a registered retirement savings plan or registered retirement income fund as defined in the Income Tax Act.
(2) For the purposes of subparagraph 8(1)(a)(iii) of the Act, “immediate life annuity” and “deferred life annuity”, as those expressions are defined in subsection 2(1) of the Pension Benefits Standards Regulations, 1985, are of the prescribed kind.
- SOR/97-420, s. 2;
- SOR/2003-408, s. 12.
CHARGING
18. Where an amount has been transferred pursuant to section 8 of the Act, that amount shall be charged to the account from which the member’s pension benefits are or will become payable.
ADJUSTMENT
19. (1) In this Part, “division factor” is 0.5, except that
(a) where the amount transferred is a lump sum amount referred to in subsection 8(4) of the Act, the division factor is equal to the product of
(A ÷ B) × 0.5
where
- A
- is the amount determined under subsection 8(4) of the Act, and
- B
- is the amount determined under these Regulations that, but for subsection 8(4) of the Act, would have been transferred pursuant to paragraph 8(1)(a) of the Act; and
(b) where the member was not vested at valuation day and is entitled to a pension under the member’s pension plan on the day the pension benefits are adjusted, the division factor is equal to the product of
(C ÷ D) × 0.5
where
- C
- is the amount transferred under paragraph 8(1)(a) of the Act, and
- D
- is the amount that, but for subsection 8(4) of the Act, would have been transferred pursuant to paragraph 8(1)(a) of the Act had the member been vested on valuation day.
(2) For the purposes of determining the indexed division annuity, if separation day occurs before termination day, the division annuity of a member is to be increased on termination day by the benefit indices established under the Supplementary Retirement Benefits Act that would apply if the member had ceased to be employed on separation day, and further increased to take into account the period beginning on January 1 of the year in which termination day occurs and ending on termination day.
- SOR/97-420, s. 3.
- Date modified: