Pension Benefits Division Act

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Notice of Objection

• An interested party who submits a notice of objection to a pension benefits division must include documentary evidence to support their grounds for objection.
• The Minister will defer any decision on the application if the grounds for objection are related to cohabitation, and will refuse approval if the grounds have been established.

Division of Pension Benefits

• A division of pension benefits shall be effected by transferring 50% of the value of the pension benefits that have accrued to the member during the period subject to division.
• The Minister may approve the division on the basis of a court order or agreement, and may refuse approval if the application is withdrawn, the grounds for objection are established, or the court order or agreement is no longer valid.

Amounts Transferred in Error

• If an amount exceeding what was due is transferred to a spouse, former spouse, or former common-law partner under section 8, it constitutes a debt due to Her Majesty.
• An adjustment may be made under paragraph 8(1)(b), and any excess amounts paid to a member of a pension plan constitute a debt due to Her Majesty.

General

• Amounts transferred under section 8 are exempt from attachment, seizure, and execution.
• The Minister is prohibited from taking action that would prejudice the ability of a spouse or former spouse to make an application for a division of pension benefits.