If you experienced a separation in a marriage or common-law relationship after December 31, 1983 and there is a written agreement or court order to divide assets, Manitoba pension legislation requires that your pension benefits may also be subject to division. However, after receiving a statement from the Board indicating the value of the benefit earned during the relationship, both parties may waive the division by providing the required documentation.
Requirements for Dividing a Pension
A member’s pension or, if the pension has not commenced, the member’s or former member’s pension benefit credit may be divided if
(a) pursuant to an order of the Court of King’s Bench made under The Family Property Act, family assets of the member or former member or his or her spouse, former spouse or common-law partner are required to be divided;
(b) pursuant to a written agreement between the member or former member and his or her spouse, former spouse or common-law partner, their family assets are divided; or
(c) a division of the pension or the pension benefit credit, as the case may be, is required by
(i) an order of a court of competent jurisdiction in another province or territory of Canada, or
(ii) an order of the Court of King’s Bench regarding a common-law relationship.
The pension can only be divided if one of these requirements has been met.
The following options are applicable:
- The former spouse or partner can apply for an equal division of the member’s pension benefits, or
- The parties can apply for a division of the net difference between their pension benefits if both are members of a pension plan, or
- The parties can agree to waive the division of benefits.
Where under an order or agreement, a person becomes entitled to a portion of a pension benefit credit, the person is only entitled to transfer that benefit
(a) to another pension plan in which the person is a member, if permitted by the terms of that plan; or
(b) to a Locked-In Retirement Account (LIRA) or Life Income Fund (LIF).
Once the member’s pension has commenced, the person is only entitled to a division of the monthly pension in pay.
Requesting a Statement for Division of Pension
The options indicated above require that a statement for division of pension be provided to the member and the member’s former spouse or common-law partner. Either party or their legal counsel can request this statement. If someone other than the member makes the request, the information will also be sent to the member.
In order for the CSSB to provide a statement for division of pension, a written request or e-mail is required with the following information or the attached form can be completed and returned to our office:
- Member’s name and either employee number, PIN number or SIN (Please do not email SIN),
- Member’s date of birth,
- Former spouse or partner’s name and birthdate,
- Full date of marriage or co-habitation,
- Full date of separation, and
- Mailing address for all parties you would like the information sent to.
The request can be mailed of faxed to the Civil Service Superannuation Board or e-mailed to email@example.com