Relationship Breakdowns

If you're separated from your partner and your pension is not yet in pay, the amount of time your partner will remain your pension partner will depend on whether you had been married or had been living common-law prior to your separation.

If you had been married prior to your separation, whether or not your partner will remain your pension partner will depend on the length of time that you have been separated:

• If you've been separated (but not divorced) for fewer than 3 years, your partner will remain your pension partner until you have been separated for at least 3 years. If you plan to commence your pension prior to being separated for more than 3 years, you will need to choose a joint lifetime pension option with your partner named as your pension partner. The only exceptions to this rule would be if your partner completed a pension waiver or if you had obtained an Order or Agreement.
• If you've been separated (but not divorced) for at least 3 years before you commence to be paid your pension, you're considered to be long-separated from your partner and no longer your pension partner. If you plan to commence your pension after having been separated for more than 3 years, you will be able to choose a single lifetime pension option.

Once you have been separated (but not divorced) for at least 3 years, you can update your records to reflect that your partner is no longer your pension partner by providing us with specific documentation:

• If you have obtained an Order, please provide us with a court-certified copy of the Order.
• If you have obtained an Agreement, please provide us with a copy of that Agreement. When you are about to commence receipt of your pension benefits, we'll send you a specific statutory declaration with your Agreement attached as Exhibit “A” that must be completed and submitted to us.
• If you have not obtained an Order or an Agreement, please contact us so that we can send you a specific statutory declaration that must be completed and submitted to us before your pension commencement date.

If you had been living common-law prior to your separation, you can update your common-law pension partner status by completing the necessary statutory declaration. Please contact us to obtain the correct statutory declaration.

Please note, additional documentation may be required prior to commencing to receive your pension. The documentation that will be required will depend on the length of time that you have been separated:

• If you plan to commence your pension prior to being separated for more than 1 year, your partner will need to complete a specific statutory declaration. The only exception to this rule would be if you had obtained an Order or Agreement.
• If you plan to commence your pension after being separated for at least 1 year, your records will be reviewed to determine if you will be required to complete a statutory declaration regarding your partner’s property rights to your pension benefits, or if your partner should be sent a letter of enquiry regarding property rights to your pension benefits. The only exception to this rule would be if you had obtained an Order or Agreement.

Please note:

• If you have obtained an Order, please provide us with a court-certified copy of the Order.
• If you have obtained an Agreement, please provide us with a copy of that Agreement. When you are about to commence receipt of your pension benefits, we'll send you a specific statutory declaration with your Agreement attached as Exhibit “A” that must be completed and submitted to us.

If you're separated from your partner and your pension is already in pay, the updates that can be made to your records will depend on whether you chose a joint lifetime pension option or a single lifetime pension option at the time you retired.

• If you chose a joint lifetime pension option with your partner as your pension partner, your partner will continue to be entitled to survivor benefits if you pass away before them. This is because once you start to receive your pension, your chosen pension option cannot be changed.* However, please note that if your partner waives all rights to your pension, and you and your partner can obtain an Order or Agreement reflecting this, your partner’s survivor benefit can be re-assigned to your estate or beneficiary(ies). This means that in the event that you die before your partner, the survivor pension that would have otherwise been paid to your partner will instead be re-assigned from your partner to your estate or beneficiary(ies) and will be paid to your estate or beneficiary(ies) until the time of your partner’s death.
• If you chose a single lifetime pension option with a 5, 10 or 15-year guaranteed period and your pension partner had completed a pension waiver at that time, you may then have designated your partner as your beneficiary. If the guarantee period has not yet expired, you can update your beneficiary(ies) online or send us a completed Designation of Beneficiary(ies) form.

*Please be aware that effective March 1, 2021 or sooner, the available options will change. More details about the changes will be added once available.

If your divorce is finalized before you commence to be paid your pension, your partner will no longer be your pension partner. You can update your records to reflect that your partner is no longer your pension partner by providing us with a divorce certificate. In addition, you may be required to provide additional documentation:

• If you have obtained an Order, please provide us with a court-certified copy of the Order.
• If you have obtained an Agreement, please provide us with a copy of that Agreement. When you are about to commence receipt of your pension benefits, we'll send you a specific statutory declaration with your Agreement attached as Exhibit “A” that must be completed and submitted to us.
• If you have not obtained an Order or an Agreement, please contact us so that we can send you a specific statutory declaration that must be completed and submitted to us before your pension commencement date.

If your divorce is finalized after you commence to be paid your pension, the updates that can be made to your records will depend on whether you chose a joint lifetime pension option or a single lifetime pension option at the time you retired.

• If you chose a joint lifetime pension option with your partner as your pension partner, your partner will continue to be entitled to survivor benefits if you pass away before them. This is because once you start to receive your pension, your chosen pension option cannot be changed.* However, please note that if your partner waives all rights to your pension, and you and your partner obtain an Order or Agreement reflecting this, your partner’s survivor benefit can be re-assigned to your estate or beneficiary(ies). This means that in the event that you die before your partner, the survivor pension that would have otherwise been paid to your partner will instead be re-assigned from your partner to your estate or beneficiary(ies) and will be paid to your estate or beneficiary(ies) until the time of your partner’s death.
• If you chose a single lifetime pension option with a 5, 10 or 15-year guaranteed period and your pension partner had completed a pension waiver at that time, you may then have designated your partner as your beneficiary. If the guarantee period has not yet expired, you can update your beneficiary(ies) online or send us a completed Designation of Beneficiary(ies) form.

*Please be aware that effective March 1, 2021 or sooner, the available options will change. More details about the changes will be added once available.