Pension Diversion Regulations

The Pension Diversion Regulations are made under the Garnishment, Attachment and Pension Diversion Act. These regulations respect diversion of pension benefits to satisfy financial support orders. The document outlines various rules and procedures for applying for a diversion of pension benefits, including requirements for applications, statements of arrears, and notification to recipients. The regulations also provide guidelines for determining the amount to be diverted from a recipient's net pension benefit and for addressing variations or termination of a diversion.

The definitions in this section apply in these Regulations. An act refers to the Garnishment, Attachment and Pension Diversion Act, while a plan member is a person who is or may be entitled to a pension benefit under certain statutes. The regulations also prescribe information that must be contained in an application, including the recipient's surname and given names, date of birth, most recent address known to the applicant or the person making the application, social insurance number, if known, previous surname, pension annuity or superannuation number, if known, most recent place of employment in the public service of Canada, and most recent year of employment in the public service of Canada.

The regulations also provide for additional documentation that must be contained in an application, such as a certified copy of a court order or statutory declaration by another person. The regulations specify the mailing address for applications, which is dependent on the recipient's status as a member of the Canadian Forces, judge or prothonotary to whom the Judges Act applies, member of the Senate, member of the House of Commons, or Royal Canadian Mounted Police.

The regulations also provide for the amount to be diverted from a recipient's net pension benefit, which is governed by the relevant provisions of the Act. The document outlines various rules and procedures for addressing variations or termination of a diversion, including an application for variation in the amount being diverted with respect to a diversion may be made on the grounds that there has been 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.

The document provides various prescriptions for information and documentation, including the prescription of additional documentation to be contained in an application. The regulations also provide for the notification referred to in section 34 of the Act may be sent by mail, registered mail or any means of electronic communication.

Overall, these regulations provide a framework for the diversion of pension benefits to satisfy financial support orders, and outline various rules and procedures for applying for such divestment.