DIVORCE AND RESERVIST PENSION
- Thread starter riotstick
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riotstick said:
The CF makes no decision about the "entitlement" of a (former?) spouse to assets or income of current or former serving members. That is decided by the parties in the relationship or by the courts. Should a former spouse become entitled to a share of any pension, then the question becomes how access to that asset is accomplished. Depending on the circumstances that may be done by division, garnishment, attachment or diversion.
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http://www.forces.gc.ca/en/caf-community-pension/division-of-benefits-marriage-breakdown.page
Read carefully.
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Generally, division of benefits under federal pension plans is per the Pension Benefits Division Act and its related regulations. (See http://laws-lois.justice.gc.ca/eng/acts/P-6.7/FullText.html and http://laws-lois.justice.gc.ca/eng/regulations/SOR-94-612/FullText.html)
At this point, however, the regulations do not include reference to benefits accrued under part I.1 of the CFSA. There is a stated intent to amend the regulations within the next two years to address this oversight (http://www.tbs-sct.gc.ca/ip-pi/trans/ar-lr/frp-ppr/pbdr-rpfr-eng.asp).
At this point, however, the regulations do not include reference to benefits accrued under part I.1 of the CFSA. There is a stated intent to amend the regulations within the next two years to address this oversight (http://www.tbs-sct.gc.ca/ip-pi/trans/ar-lr/frp-ppr/pbdr-rpfr-eng.asp).
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Bit of a necropost, and didn't see any more general sub, but asking on the reg force side vice reservist.
Reading through the updated guidance at the link below, and one question I have wrt to pension division is does that impact the eligibility for an annuity at 25 years or is it it just the amount paid out over time?
For example, if someone is divorced, and they split the pension with the spouse getting 5 years worth, with the appropriate value transferred, would the annuity be calculated at 20 years of service vs 25, or would you need to do 25 years of pensionable service (i.e. 30 years total).
www.canada.ca
The pension center folks would be the best positioned to answer, but even as someone that has a lot of experience reading through boring standards, contracts, and agreements I find a lot of their references hard to decipher.
Reading through the updated guidance at the link below, and one question I have wrt to pension division is does that impact the eligibility for an annuity at 25 years or is it it just the amount paid out over time?
For example, if someone is divorced, and they split the pension with the spouse getting 5 years worth, with the appropriate value transferred, would the annuity be calculated at 20 years of service vs 25, or would you need to do 25 years of pensionable service (i.e. 30 years total).
Divorce or separation : Active member—Canadian Armed Forces pensions - Canada.ca
A divorce or separation, resulting in the division of a member's pension benefits.
The pension center folks would be the best positioned to answer, but even as someone that has a lot of experience reading through boring standards, contracts, and agreements I find a lot of their references hard to decipher.
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My understanding (which, together with $3, gets a large coffee) is that your 35 years maximum window remains the same. So, at 25 years (in your example) you would be pension eligible, for a pension of around the equivalent of 20 years.
But yes, it's complex, and the CFSA, its related regulations and the PBDA and its regulations are complex - better to contact the pension office for clarity.
But yes, it's complex, and the CFSA, its related regulations and the PBDA and its regulations are complex - better to contact the pension office for clarity.
