348/2012

O.C. 838/2012

November 26, 2012

March 18, 2013

Family Law Act

Division of Pensions Regulation

[Last amended January 1, 2025 by B.C. Reg. 194/2024]

348_2012_pit

Interpretation

Definitions

In this regulation:

Act means the Family Law Act ;

average retirement age , in relation to a plan, means

the average age of retirement for the plan assumed in the most recent actuarial valuation report filed in relation to the plan with the superintendent, or

if a specified age is adopted under

section 23 (5), the specified age;

commencement date means

the date that, in a

section 127 agreement or a

Part 6 order, is specified as the date on which the relationship between the member and the spouse began within the meaning of

section 3 of the Act, or

if another date is specified in a

section 127 agreement or a

Part 6 order as the beginning date of the period in relation to which the spouse's proportionate share of the member's benefits is to be calculated under the Act, that specified date;

entitlement date means

the date that, in a

section 127 agreement or a

Part 6 order, is specified as the date on which the spouse became entitled under

section 81 (

b) of the Act to an interest in the member's benefits under the plan, or

if another date is specified in a

section 127 agreement or a

Part 6 order as the end date of the period in relation to which the spouse's proportionate share of the member's benefits is to be calculated under the Act, that specified date;

entitlement period means the period that begins on the commencement date and ends on the entitlement date;

former regulation means the Division of Pensions Regulation, B.C. Reg. 77/95;

investment returns , in relation to money, means interest earned on, and other gains and losses accrued in relation to, the money, less related investment expenses;

Part 6 order means an order of the Supreme Court or of a superior court of another jurisdiction made, or enforceable in British Columbia, under

Part 6 of the Act;

pensionable service , in relation to a member of a plan, means the quantity of time, expressed in terms of months, parts of months or other units of time,

in relation to which the member accrues an entitlement to benefits under the plan, and

that is to be used by the administrator to calculate the benefits;

section 127 agreement means an agreement under

section 127 of the Act between the member and the spouse, which agreement may be in Form P9;

superintendent means the person appointed as the Superintendent of Pensions under

section 4 of the Pension Benefits Standards Act , or, if the plan is registered outside of British Columbia, the person in the jurisdiction in which the plan is registered whose role in that jurisdiction is similar to the role of the Superintendent of Pensions in British Columbia.

A reference in this regulation to the spouse includes, if the spouse is a limited member of the plan, a reference to the spouse as limited member, and a reference in this regulation to the limited member is a reference to the spouse in the spouse's capacity as limited member only.

If the Act applies to an agreement or order made under the former Act, the commencement date and the entitlement date to be used in respect of the agreement or order are

the dates specified under that agreement or order for the same purposes as commencement dates and entitlement dates are specified under this Act, or

if no dates are specified, the dates that were required to be used under the former Act for the same purposes as commencement dates and entitlement dates are used under this Act.

[am. B.C. Regs. 70/2015, s. 1; 64/2021, s. 3.]

Delivery

Without limiting any other means by which a record may be delivered under this regulation, a record may be delivered to a person under this regulation by faxing or emailing the record to a fax address or an email address provided by the person for that purpose.

A record that is mailed or sent by fax or email is effectively delivered under this regulation as follows:

if the record is mailed to the most recent mailing address provided by the intended recipient to the sender;

if the intended recipient provided to the sender a fax address or an email address for the purposes of deliveries under this regulation and the record is faxed or emailed to the most recent fax address or email address provided by the intended recipient for that purpose.

Notice sent by ordinary mail is deemed to have been received 5 days after the date of mailing, and notice sent by fax or email is deemed to have been received on the day on which it was sent.

Application of regulation

Subject to subsection (2), this regulation applies to

a member of a plan,

the member's spouse,

if the member's spouse has become a limited member of the plan, the limited member,

the division, under

Part 6 of the Act, of the member's benefits under the plan, and

notice of an assignment of the member's spouse's survivor benefits.

The division referred to in subsection (1) (

d) may be modified by

a waiver under

section 126 of the Act or a

section 127 agreement, or

Part 6 order.

[am. B.C. Reg. 194/2024, s. 1.]

Requirements for Notice

Notices and other documents

For the purposes of

section 136 of the Act,

notice referred to in

section 133 of the Act must be given in Form P1 (Claim and Request for Information and Notice),

notice referred to in

section 112 (5), 113 (2), 114 (2) (b), 116 (2) as that

section relates to a benefit formula provision, 117 (2), 119 (2), 121 (2) or 122 (2) of the Act must be given in Form P2 (Request for Designation as Limited Member),

notice referred to in

section 114 (2) (

a) of the Act, or in

section 116 (2) of the Act as that

section relates to a defined contribution account, must be given in Form P3 (Request for Transfer from Defined Contribution Account),

notice referred to in

section 115 (2) of the Act must be given in Form P4 (Request by Limited Member for Transfer or Separate Pension),

Repealed. [B.C. Reg. 194/2024, s. 2 (a).]

the waiver referred to in

section 126 (1) of the Act must be given in Form P7 (Withdrawal of Notice/Waiver of Claim), and

notice referred to in

section 126.1 (2) of the Act must be given in Form P10 (Notice of Assignment of Survivor Benefits by Agreement or Order).

A notice or other document delivered under the Act, including under this regulation,

is not defective or ineffective,

is not incomplete, and

does not fail to provide sufficient information

merely because it omits information referred to in

section 13 (1) (

a) or (

b) or the information referred to in

section 13 (1) (

a) or (

b) that is contained in the document is incomplete or incorrect.

[am. B.C. Regs. 70/2015, s. 2; 194/2024, s. 2.]

Withdrawal of notice

A person may, in accordance with subsection (2) of this section, withdraw a notice delivered to the administrator under

section 4 of this regulation as follows:

in the case of a notice in Form P1, at any time;

in the case of any other notice, at any time before the spouse's proportionate share of the benefits to which the notice relates

is transferred to the spouse,

is converted into a separate pension, or

iii

becomes a separate defined contribution account in the plan for the spouse.

To withdraw one or more notices and other documents, a person must deliver to the administrator a notice in Form P7.

If a notice or document is withdrawn under this section, the entitlement of the member and the spouse or their estates to the benefits must be calculated as if the notices and documents withdrawn under subsection (2) had never been delivered to the administrator.

Despite subsections (1) and (2), a Form P7 must not be used to withdraw a Form P7.

[am. B.C. Reg. 194/2024, s. 3.]

Change of information

If personal information contained in a notice delivered under

section 4 changes, the person who gave that notice must deliver to the administrator a document that provides notice of that change, which document may be in Form P8 (Change of Information).

Administrator must give notice

Within 30 days after receiving a document referred to in

section 4 or 5, the administrator must advise the member of the administrator's receipt of that document by delivering to the member a notice in Form P6 (Administrator/Annuity Issuer Response).

Without limiting subsection (1), if the administrator cannot act on a document delivered under

section 4 or 5 because the document is incomplete or otherwise fails to provide sufficient information, the administrator must, within 30 days after receipt of that document, deliver a notice in Form P6 to the member and the spouse indicating one or both of the following:

why the administrator cannot act on the document;

what must be provided before the administrator can act on the document.

Failure of administrator to act on notice

If a document referred to in

section 4 or 5 is delivered to the administrator, the member or the spouse may apply to the Supreme Court for an order referred to in subsection (2) of this

section if

the administrator does not, within 30 days after receipt of the document, do one of the following:

give, or give effect to, the benefits, entitlements or other rights that under the Act ought to follow on the receipt of such document;

provide a notice under

section 7 (2) to explain why the administrator has not acted on the document, or

the administrator provides a notice in accordance with

section 7 (2) but the applicant disputes the reasons given by the administrator in that notice as to why the administrator has not acted on the document.

On an application referred to in subsection (1), the Supreme Court may make one or more of the following orders:

an order requiring compliance with the Act;

any other order the court may make under the Act respecting the division of the benefits between the member and the spouse.

The administrator is a party to the proceedings in which the application referred to in subsection (1) is brought.

Administrator must give notice to spouse if member's interest may be affected

If the spouse is entitled to information under

section 133 of the Act or to notice under

section 143 of the Act or is otherwise entitled to information or notice as a limited member, the administrator must deliver to the spouse written notice of any action that the administrator intends to take as a result of any of the following:

the death of the member;

any direction given to the administrator by the member with respect to the benefits, including an election by the member to have the member's pension commence and a change in a beneficiary designation.

If a direction referred to in subsection (1) (

b) is a change in a beneficiary designation, the administrator must advise the spouse whether the spouse will become or will cease to be a beneficiary as a result of that direction.

Notice under subsection (1) must be given in Form P6.

The administrator must deliver the notice required under subsection (1) to the spouse at least 30 days before the date on which the administrator's intended action is taken.

Nothing in this

section changes or otherwise affects the effective date of

rights arising on the death of the member, or

a direction referred to in subsection (1) (b).

Neither the effective date of the member's direction nor the death of the member

prejudices rights the spouse may have or acquire under the Family Law Act , or otherwise, before or within the notice period referred to in subsection (4), or

prevents a court from granting an order restraining any action that is to be, or may be, taken as a result of any matter referred to in paragraph (

a) or (

b) of subsection (1).

[am. B.C. Reg. 64/2021, s. 3.]

Administrator's Duty to Provide Information

Information to be provided by administrator to spouse who has filed Form P1

Subject to subsection (3) and

section 13, if the spouse has delivered to the administrator a notice in Form P1, the administrator must, within 60 days after receiving a written request for information under

section 133 of the Act from the spouse, deliver the following information to the spouse:

a copy of the most recent annual statement provided to the member, or, if no annual statement is available, the same information that, under the Pension Benefits Standards Act , was to have been contained in the member's annual statement;

any additional information that is necessary to value the benefits of the member or to finalize the division of the benefits under the Act;

information as to whether or not the spouse is the beneficiary of the member's benefits;

if the member is receiving a pension, whether benefits are payable on the death of the member and, if so,

information about those benefits,

whether the spouse is entitled to any of those benefits, and

iii

confirmation whether a change of spousal status affects entitlement to those benefits;

if benefits are based on the member's income for any period, information as to the member's income for that period;

any information or notice that had been provided to the member after the Form P1 was filed;

if benefits are transferred to the plan by or on behalf of the member after the Form P1 was filed, or within 2 years before it was filed, information about what has been transferred;

if benefits are transferred from the plan by or on behalf of the member after the Form P1 was filed, or within 2 years before it was filed, information about what has been transferred and to where it was transferred;

to the extent that it is not provided under paragraphs (

a) to (h),

information on options available to and elections that may be made by the member with respect to receiving the benefits, and

information on options available to and elections that may be made by a limited member with respect to receiving the benefits.

Subject to subsection (3) and

section 13, if the spouse delivers to the administrator a written request for an update of the information provided to the spouse under subsection (1) of this section, the administrator must deliver that update within 30 days after receiving that request.

Unless the Supreme Court otherwise orders under

section 133 (2) of the Act, the administrator need not deliver to the spouse information under subsection (1) more than once in each calendar year and need not provide to the spouse an update under subsection (2) of this

section more than once in each calendar year.

Information to be provided by administrator to limited member

Subject to subsection (2), after the spouse becomes a limited member of a plan,

section 10 no longer applies to the limited member and at least once in each calendar year, the administrator must provide the following information to the limited member:

any information or notice available to members of the plan;

to the extent that it is not provided under paragraph (a), information on options available to and elections that may be made by the member with respect to the benefits;

to the extent that it is not provided under paragraph (a), information on options available to and elections that may be made by a limited member with respect to the benefits, including the earliest date on which the limited member will be entitled to

begin receiving a pension from the plan, and

begin receiving a pension from the plan without reduction or increase to the pension;

confirmation of whether the limited member is the beneficiary of the member's benefits.

After the limited member is in receipt of a separate pension or begins to have the limited member's proportionate share of the benefits administered in a defined contribution account for the limited member in the plan under

section 114 (2) (

b) of the Act, the only information the limited member is entitled to receive from the administrator is information relating to the separate pension or the limited member's defined contribution account.

[am. B.C. Regs. 64/2021, s. 3; 194/2024, s. 4.]

Authorizing representative

A person entitled to receive information under

section 10 or 11 of this regulation may, in writing, authorize a representative to request and receive from the administrator information that the person is entitled to receive under this regulation, and, subject to

section 13 and subsection (2) of this section, the administrator must, after receiving such a request, provide that information to both the person and the representative.

An authorization referred to in subsection (1) ceases on the earliest of

the date, if any, specified in the authorization,

if no date is specified in the authorization, the date that is one year after the date of the authorization,

the date on which the administrator receives a written revocation of the authorization from the person who issued it, and

the date on which the administrator receives a written revocation of the authorization from the representative,

and on and after that date, the administrator must cease providing to the representative any of the information that the person is entitled to receive under this regulation until a further authorization is provided.

Confidentiality and non-disclosure of personal information

When providing information under this regulation, the administrator must not, unless the member consents in writing, provide the spouse with

the member's address, fax number, email address, telephone number or marital status, or

the identity of any beneficiary designated by the member other than the spouse.

Without limiting subsection (1), the administrator must edit any information provided by the administrator to the spouse to remove any of the information that the administrator is, under subsection (1), restricted from providing to the spouse.

An administrator acting in good faith who accidentally discloses any information listed in subsection (1) is not liable to the member or any other person to pay damages arising from the disclosure.

A person who receives any documents or information from an administrator under this regulation must keep the information in confidence and, without limiting this obligation, must not disclose the documents or information to anyone other than

for the purposes of dividing benefits under

Part 6 of the Act, or determining compensation for those benefits, or

in the course of permitting the documents to be introduced into evidence in proceedings involving the benefits.

[am. B.C. Reg. 70/2015, s. 3.]

Administrator to provide equal rights to spouse

If, under the plan text document of the plan, a member may, with the consent of the administrator, have the member's benefits valued, calculated or provided in a particular way or exercise or obtain certain rights in relation to the member's benefits, the limited member may also seek that consent in relation to the limited member's proportionate share of those benefits and the administrator must not withhold consent in response to the limited member's request for that consent unless consent would have been withheld had the member applied for that consent.

[am. B.C. Reg. 64/2021, s. 8.]

Division of Benefits

Period for division of benefits under

section 137 of Act

The benefits that the administrator is, under

section 137 of the Act, required to divide are, with reference to a pension that has commenced other than by withdrawals from a defined contribution account, or with reference to disability benefits under

section 122 of the Act, those benefits that become payable within the period that

begins on the 30th day to follow the date on which the administrator has received

all of the documents referred to in

section 137 (2) of the Act, and

the payment of the fee permitted under

section 28 of this regulation, if required by the administrator, and

ends on the earlier of the termination of the pension or disability benefits, as the case may be, and the death of the limited member.

Period for complying with division requirements of Act

Within 60 days after the date on which the administrator has received all of the documents referred to in

section 137 (2) of the Act and the payment of the fee permitted under

section 28 of this regulation, if required by the administrator,

if the spouse has filed a Form P2, the administrator must register the spouse as a limited member and deliver to the limited member and the member a notice in Form P6 confirming that registration,

if the spouse has filed a Form P3 in which the spouse requested to have the spouse's proportionate share of the member's defined contribution account transferred from the plan to the credit of the spouse, the administrator must effect that transfer,

if the limited member has filed a Form P4 in which the limited member elected to receive the limited member's proportionate share of the benefits by a separate pension, the limited member's separate pension must commence, or

if the limited member has filed a Form P4 in which the limited member elected to have the limited member's proportionate share of the commuted value of the benefits transferred from the plan to the credit of the limited member, the administrator must effect that transfer.

[am. B.C. Regs. 70/2015, s. 4; 64/2021, ss. 2 and 3.]

Calculation of proportionate share in relation to pensions, benefits under benefit formula provision, disability benefits and phased retirement benefits

If it is necessary, under the Act, including under this regulation, to calculate a proportionate share of the following:

payments under a pension that has commenced or the commuted value of those payments;

benefits under a benefit formula provision before pension commencement or the commuted value of those benefits;

disability benefits under a plan;

annuity payments under an annuity that was purchased by an administrator on behalf of a member;

phased retirement benefits;

this

section applies to that calculation.

1.1

In accordance with

section 117.1 (4) of the Act, this

section applies to the calculation of a proportionate share of a LIRA benefit or LIF benefit that was transferred from a plan under which benefits are determined under a benefit formula provision.

The formula set out in subsection (3) applies to the calculation referred to in subsection (1) unless a

section 127 agreement, a

Part 6 order or an original agreement or order referred to in

section 25 (1) of this regulation

supplants that formula, in which case the formula provided for in the agreement or order applies to the calculation, or

modifies that formula, in which case the formula as modified by the agreement or order applies to the calculation.

Subject to sections 18 and 19, the proportionate share referred to in subsection (1) of this

section must be calculated in accordance with the following formula:

proportionate share = 1/2 (pensionable service during entitlement period ÷ total pensionable service)

where

pensionable service during entitlement period means the pensionable service accumulated under the plan by the member in the entitlement period;

total pensionable service means the pensionable service accumulated by the member to the earliest of

the date that the member's spouse's share is transferred from the plan,

the beginning of the month in which the member's spouse begins to receive a separate pension,

the beginning of the month in which the member's spouse begins to receive a payment of benefits from the member or the administrator, and

the day immediately preceding the day of the member's death.

[am. B.C. Regs. 70/2015, s. 5; 194/2024, s. 5.]

Calculation of proportionate share in relation to payments under annuity not purchased by administrator

17.1

If it is necessary, under the Act, including under this regulation, to calculate a proportionate share of annuity payments that a spouse is receiving under an annuity that was not purchased by an administrator on behalf of a member, this

section applies to that calculation.

The formula set out in subsection (3) of this

section applies to the calculation referred to in subsection (1) unless a

section 127 agreement, a

Part 6 order or an original agreement or order referred to in

section 25 (1) of this regulation

supplants that formula, in which case the formula provided for in the agreement or order applies, or

modifies that formula, in which case the formula as modified by the agreement or order applies.

The proportionate share of annuity payments referred to in subsection (1) is half of each annuity payment.

[en. B.C. Reg. 194/2024, s. 6.]

Application of purchased service and transferred service

For the purposes of accounting in

section 17 for purchased service and transferred service, pensionable service during entitlement period

includes

all pensionable service, regardless of the period to which it is allocated, that was purchased by or on behalf of the member during the entitlement period, and

all pensionable service, regardless of the period to which it is allocated, that was accumulated under another plan during the entitlement period and transferred to the member's plan, and

does not include pensionable service purchased by or on behalf of the member, or accumulated under another plan, before or after the entitlement period.

Phased retirement period and recalculation of proportionate share

If the member accumulates additional pensionable service after the calculation of the limited member's proportionate share of a phased retirement benefit under

section 115 (5) of the Act or the calculation of the spouse's proportionate share of benefits payable under

section 117 (2) of the Act, the proportionate share must, whenever any of the following occurs, be recalculated to take into account the additional pensionable service accumulated by the member:

the spouse is to receive

a proportionate share of the commuted value of the benefits under

section 115 (2) (

b) of the Act,

a separate pension, or

iii

a share of benefits under

section 124 (2) of the Act on the death of the member;

the spouse's estate is to receive a proportionate share of the commuted value of the benefits under

section 124 (4) of the Act;

payment of the member's pension resumes.

[am. B.C. Reg. 70/2015, s. 6.]

Calculation of proportionate share in relation to benefits under defined contribution provision

If it is necessary, under the Act, including under this regulation, to calculate a proportionate share of the member's defined contribution account, this

section applies to that calculation.

1.1

In accordance with

section 117.1 (3) of the Act, this

section applies to the calculation of a proportionate share of a LIRA benefit or LIF benefit that was transferred from a defined contribution account under a plan.

The formula set out in subsection (3) applies to the calculation referred to in subsection (1) unless a

section 127 agreement, a

Part 6 order or an original agreement or order referred to in

section 25 (1) of this regulation

supplants that formula, in which case the formula provided for in the agreement or order applies to the calculation, or

modifies that formula, in which case the formula as modified by the agreement or order applies to the calculation.

The proportionate share referred to in subsection (1) must be calculated in accordance with the following formula:

transfer amount = 1/2 (account balance − pre-relationship contributions)

where

account balance means the total of

the benefits, before division, as at the entitlement date, and

the investment returns earned on the amount referred to in paragraph (

a) after the entitlement date up to and including the date on which the spouse's proportionate share is transferred to the credit of the spouse or used to establish a defined contribution account in the plan for the spouse;

pre-relationship contributions means the total of

the benefits as at the commencement date, and

the investment returns earned on the amount referred to in paragraph (

a) after the commencement date up to and including the date on which the spouse's proportionate share is transferred to the credit of the spouse or used to establish a defined contribution account in the plan for the spouse.

[am. B.C. Reg. 194/2024, ss. 7 and 8.]

Adjustment of member's benefits under benefit formula provision

This

section applies if the member's benefits under a benefit formula provision are divided under

Part 6 of the Act.

The administrator must, in accordance with subsection (3), adjust the benefits to which the member is entitled and the basis on which they are calculated if

the division referred to in subsection (1) occurs before the member's pension commences, and

the limited member or the limited member's estate has received

the limited member's proportionate share of the benefits by a separate pension, or

a transfer of the limited member's proportionate share of the commuted value of the benefits.

For the purposes of subsection (2), if the member's benefits have vested, the member's pensionable service must be reduced by the amount of pensionable service reflected in the limited member's proportionate share of the benefits.

As an example of the application of subsection (3), if the proportionate share of the benefits to which a limited member is entitled is calculated under

section 17 and the member's benefits have vested, the member's pensionable service is to be reduced by one-half of the pensionable service that, in

section 17, constitutes the "pensionable service during entitlement period".

A reduction of pensionable service under subsection (3) of this

section

is only for the purpose of adjusting

the portion of the benefits that the member is entitled to receive after the division referred to in subsection (1), or

if the member is deceased, the amount of survivor benefits, if any, and

is not to be taken into account in any determination of eligibility for those benefits under the plan.

[am. B.C. Reg. 70/2015, s. 7.]

Adjustment of member's benefits if divided on death of member

In a situation referred to in

section 124 (2) of the Act,

the member's benefits must be adjusted, to reflect that division, in accordance with

section 21 of this regulation, and

any survivor benefits payable under the plan must be calculated on the adjusted amount referred to in paragraph (

a) of this section.

Calculation of commuted value

In this section, valuation date , in relation to a matter referred to in subsection (3) (a), (b), (c), (

d) or (e), means the date that, under subsection (3), applies to that matter.

This

section applies if

the limited member is entitled under

Part 6 of the Act to a proportionate share of the benefits under a benefit formula provision, and

it is necessary, under the Act, including under this regulation, to calculate the commuted value of the benefits.

The commuted value of the benefits referred to in subsection (2) (

b) must

when calculating the separate pension payable to the limited member for the purposes of

section 115 (2) (a), 119 (3) (

c) or 121 (3) of the Act, be calculated as at a date not earlier than the end of the month immediately preceding the commencement date of the separate pension,

when calculating the amount to be transferred to the limited member for the purposes of

section 115 (2) (

b) or (6) of the Act, be calculated as at a date not earlier than the end of the month immediately preceding the date of the transfer,

when calculating the commuted value of the benefits for the purposes of

section 124 (2) of the Act, be calculated as at a date not earlier than the end of the month immediately preceding the day before the death of the member,

when calculating the amount payable to the estate of the limited member for the purposes of

section 124 (4) of the Act, be calculated as at a date not earlier than the end of the month immediately preceding the date of the limited member's death, and

when calculating the amount required by the administrator to be transferred for the purposes of

section 139 (

b) of the Act, be calculated as at a date not earlier than the end of the month immediately preceding the date on which the administrator notifies the limited member that the transfer is required.

Subject to subsection (5) of this section, the limited member's proportionate share of the commuted value of benefits must be calculated as follows:

the commuted value of the pension the member would have received must be calculated as if

there had been no division under the Act,

the member's pension had been calculated by reference only to the benefits accrued to the valuation date, and

iii

the member had elected a pension in the unadjusted normal form, applicable to the member, provided under the plan commencing at the later of

the valuation date, and

the date the member would reach the average retirement age for the plan;

after that, the limited member's proportionate share of the amount referred to in paragraph (

a) must be calculated.

For the purposes of subsection (4) (a) (iii) (B), the administrator may elect, as the average retirement age for the plan, a specific age that is younger than the actual average retirement age for the plan, and if that election is made, the administrator must not change the average retirement age for the plan without first applying for and obtaining the written consent of the superintendent.

[am. B.C. Reg. 70/2015, s. 8.]

Limited member's separate pension in a local defined benefit plan

If the limited member is entitled to receive a separate pension,

the separate pension must be calculated on the basis of the limited member's proportionate share of the commuted value of the benefits as calculated under

section 23, and

the separate pension must be provided in one of the following forms as elected by the limited member:

in the form of a pension payable for the limited member's lifetime only;

in any other form of pension, or any combination of forms of pension, that members of the plan may elect to receive

adjusted in accordance with actuarial principles.

If, in a situation referred to in

section 124 (2) of the Act, the member was eligible at the date of the member's death to have the member's pension commence, the limited member may elect to receive the limited member's proportionate share of the commuted value of the benefits by a separate pension.

[am. B.C. Reg. 64/2021, s. 3.]

Original agreements and orders

If, in a situation referred to in

section 112 (2) of the Act, the member and the spouse agree under

section 112 (3) (a) (i), or are deemed to agree under

section 112 (5), to divide benefits in accordance with

Part 6 of the Act, the following applies unless the member and spouse otherwise agree:

despite paragraph (

b) of this subsection and subject to

section 131 of the Act and to subsection (2) of this section, the spouse's proportionate share of the benefits is calculated by the share or formula set out in the original agreement or order;

provisions of the original agreement or order that are inconsistent with division of benefits under

Part 6 of the Act cease to have effect;

provisions of the original agreement or order that clarify, supplement or are collateral to division of benefits under

Part 6 of the Act continue in effect.

If subsection (1) applies and the benefits referred to in subsection (1) are in a defined contribution account, the spouse's share of those benefits is calculated in accordance with

section 20 of this regulation, using the commencement date and entitlement date specified in the original agreement or order.

Transfer from plan to locked in retirement plan

If the Act requires or authorizes an administrator of a plan to transfer from the plan an amount to the credit of the spouse, the transfer must be made in accordance with the provisions of the Pension Benefits Standards Act , and any regulations under that Act, that would have applied had the transfer been made to the credit of the member.

[am. B.C. Reg. 70/2015, s. 9.]

Transfer from LIRA or LIF

26.1

In this section, "issuer" has the same meaning as in

section 146 (1) of the Income Tax Act (Canada).

If the Act requires or authorizes an issuer of a LIRA or LIF to transfer from the LIRA or LIF an amount to the credit of the spouse, the transfer must be made in accordance with the provisions of the Pension Benefits Standards Act , and any regulations under that Act, that would have applied had the transfer been made to the credit of the member.

[en. B.C. Reg. 194/2024, s. 9.]

Calculation of a compensation payment

This

section applies if provision is made for satisfaction of the spouse's interest in benefits by any of the following:

a compensation payment under

section 97 (2) (

c) of the Act;

a compensation payment under

section 127 (1) (

b) of the Act;

a compensation payment or amount transferred under

section 128 (2) of the Act.

A compensation payment or transfer referred to in subsection (1) must be equal to the spouse's proportionate share of the commuted value of the future benefits payable to the member.

Without limiting the contingencies that may be considered in calculating the amount of a compensation payment or transfer referred to in subsection (1), the calculation must make reasonable provision for the following contingencies:

the possibility that the member may terminate employment or die before commencement of the member's pension;

the possibility that the member's pension commences earlier or later than the date at which the member is entitled, under the plan text document, to begin receiving a pension without reduction or increase to the pension;

the possibility that benefits being divided and paid under the plan will increase in value, whether by an automatic formula or on an ad hoc basis, after the date of the calculation of the compensation payment or transfer;

to the extent that benefits being divided are related to future salary levels, the possibility that salary levels will increase after the date of the calculation of the compensation payment or transfer.

If an entitlement to receive a pension has not vested in the member at the date of valuation, the spouse may elect to

postpone valuation until it is ascertained whether the entitlement vests, or

have the valuation proceed assuming the entitlement will vest, but adjusting it to take into account the contingency that the member may die or leave employment before vesting.

[am. B.C. Reg. 70/2015, s. 10.]

Administrative costs

The amount to be paid to the administrator by the member and the spouse under

section 140 of the Act must not exceed the following:

for registering the spouse as a limited member of the plan, $1 000;

for transferring a proportionate share of the member's defined contribution account to the credit of the spouse under

section 114 (2) (

a) of the Act, $200.

[am. B.C. Reg. 194/2024, s. 10.]

Transition

In this section, limited member has the same meaning as in

section 70 of the former Act.

If, before March 18, 2013, the administrator received written notice from a limited member seeking to have the limited member's proportionate share of the commuted value of benefits transferred from a plan to the credit of the limited member or seeking to receive the limited member's proportionate share of benefits by a separate pension, the former Act and the former regulation apply to the calculation of the limited member's proportionate share of the commuted value.

If, before March 18, 2013, the administrator delivered written notice to a limited member setting out options as to how the limited member's proportionate share of benefits could be provided to the limited member, the following applies:

the limited member may, after March 18, 2013, in accordance with paragraph (b), elect one of those options;

to make an election under paragraph (a), the limited member must, within the period referred to in the notice, or, if no period is referred to in the notice, within 60 days after the date of the notice, deliver to the administrator a notice in Form P4 within which the limited member elects one of the options referred to in the administrator's notice;

if the limited member makes an election in accordance with paragraph (b), the limited member is entitled to receive the limited member's share of benefits in accordance with that election and the former Act and the former regulation applies;

if the limited member does not make an election in accordance with paragraphs (

a) and (b), the Act applies.

[am. B.C. Reg. 64/2021, s. 3.]

Schedule

Form P1 Claim and Request for Information and Notice [en. B.C. Reg. 194/2024, s. 12.]

Form P2 Request for Designation as Limited Member [en. B.C. Reg. 194/2024, s. 12.]

Form P3 Request for Transfer from Defined Contribution Account [en. B.C. Reg. 94/2024, s. 12.]

Form P4 Request by Limited Member for Transfer or Separate Pension [en. B.C. Reg. 194/2024, s. 12.]

Form P5 Repealed. [B.C. Reg. 194/2024, s. 11.]

Form P6 Administrator/Annuity Issuer Response [en. B.C. Reg. 194/2024, s. 12.]

Form P7 Withdrawal of Notice/Waiver of Claim [en. B.C. Reg. 194/2024, s. 12.]

Form P8 Change of Information [en. B.C. Reg. 194/2024, s. 12.]

Form P9 Agreement to Have Benefits Divided under

Part 6 [en. B.C. Reg. 194/2024, s. 12.]

Form P10 Notice of Assignment of Survivor Benefits by Agreement or Order [en. B.C. Reg. 194/2024, s. 12.]

[Provisions relevant to the enactment of this regulation: Family Law Act , S.B.C. 2011, c. 25, ss. 246 and 248.]