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Separation & Divorce

 

Update for September 1, 2006

 

Separation/divorce agreement REQUIRED

 

In the event of a marriage breakdown or separation by a Member, the Plan requires evidence that the ex-spouse is entitled to a share of the Member’s pension, or that he or she has waived such entitlement. The best source of this evidence is a copy of the separation or divorce agreement that directly addresses the settlement of the pension entitlement.

 

At the time a separation or divorce is being negotiated, the Plan is willing to review the proposed wording that relates to the division of the Member’s pension entitlement. This review is only to determine whether the proposed settlement is enforceable by the Plan under the terms and limits of the Ontario Pension Benefits Act.

 

When the agreement is finalized we ask that you provide a copy of the title page, the paragraph or paragraphs pertaining to the pension division and the signature page. We will keep this in the Member’s file so that any subsequent claims that occur will be supported or negated by the document.

 

 

NOTARIZED AFFIDAVIT IN LIEU OF SEPARATION/DIVORCE AGREEMENT

 

In the event that there is no agreement, or the agreement does not address the pension issue, or if the Member refuses or is unable to submit a copy of the agreement or a signed waiver, the Plan will accept a notarized affidavit, paid for by the Member or former Member, in which they must declare:

  • that they are no longer married to or living in a common-law relationship with the named individual, and
  • that should the former Spouse submit a valid claim at any time in the future the Member/former Member will reimburse the Plan for any costs or settlements made with the former Spouse.

For information regarding your CAAT Pension and Separation or Divorce, please visit the CAAT Pension Website regarding Divorce and Separation Agreements at:

 http://www.caatpension.on.ca/Atrium/PensionerHandbook/PH10.html

You may also contact CAAT Pension directly at 1 866 350 2228.


Marriage Breakdown Documentation:

Members who have experienced a marriage breakdown should keep in mind the importance of providing their HR department with a copy of their divorce or separation agreement when they have a change in marital status.

The plan cannot ensure that appropriate payments are made to the right parties without having this information properly recorded.

Sending the part of the agreement that covers the pension, along with the first page and the signature page, is sufficient. If the pension is not mentioned in the agreement, it is assumed that no agreement to split the pension was made. In this case, the Plan needs a copy of the whole agreement.

Additional Forms:

Waiver of Pre-Retirement Death Benefit -  this form is used by spouses of pension plan members and former members to waive entitlement to a pre-retirement death benefit.


Please don't hesitate to contact us if you have any questions or Feedback.

Click here for a complete listing of Human Resources Contact Information.



 
March 4, 2008