Project

Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia (2015-2016)

Project Status: Work in Progress
Project Contact: Alex Blondin
Telephone Number: 604-822-0142
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Overview

British Columbia’s Family Law Act now extends the family property regime to long-term marriage-like relationships as well as legal marriages, with the result that pensions belonging to persons in marriage-like relationships have become subject to division on the breakdown of those relationships under Part 6 of the Act.

The new Pensions Benefit Standards Act and its supporting regulations will come into force in September 2015, modernizing key benefits and largely harmonizing with Alberta’s pension legislation. BCLI is responding to the new pension benefits legislation by updating its Questions and Answers on Pension Division at the Breakdown of a Relationship resource, last published in March 2013 when it was updated in order to anticipate the coming into force of the Family Law Act and the changes in Part 6 of the Act. This will be the fourth revision of the Questions and Answers materials – an ongoing project dating back to March 1996.

This update will examine the new upcoming changes to pensions benefits standards, it will reflect the effect of ancillary provisions in British Columbia’s Family Law Act, as well as reviewing developments in the common law since 2013 in British Columbia courts. By performing this update, the Questions and Answers materials will remain an up-to-date practice resource for the BC legal community, other professionals, and members of the general public.

BCLI will, as with the 2013 publication, continue to work closely with Tom Anderson of Anderson Pension Law Consulting for this update.

Do you have a question about the new Pension Benefits Standards Act you would like to have included in the new Questions and Answers materials? Do you have comments about a particular area of the law you would like to see explained in more detail in the new update? BCLI is accepting questions, comments, and suggested updates at pensiondivision@bcli.org. Please send your submissions before October 30, 2015.

Keywords:

pension, division, spouse, marriage, breakdown, divorce, dissolution, termination, defined benefit, defined contribution, hybrid, plan, PBSA, RRSP, RRIF, LIF, extraprovincial, survivor, disability, transfer, benefit

Media Releases

BCLI Seeks Input on New and Emerging Issues for Update to Pension Division Q & A Materials 

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