Project

Pension Division Review Project

Project Status: Work in Progress
Project Contact: Kevin Zakreski
Telephone Number: 604-827-5336
Email Us About this Project

Overview

The Pension Division Review Project is dedicated to a review of part 6 of British Columbia’s Family Law Act. When a spousal relationship breaks down, the Family Law Act provides for the division of family property between the spouses. Pensions represent a particularly complex form of property to divide in this manner, so the Family Law Act contains a comprehensive set of rules that apply to this process. These rules are located in part 6 of the act and in the Division of Pensions Regulation.

At the outset of this project, it has been a little over five years since part 6 of the Family Law Act came into force (on 18 March 2013). Part 6 marked an important change in how the law deals with division of pensions on the breakdown of a relationship. Notably, the new part 6 applied for the first time to unmarried spouses. Since the new part 6 came into force, there have also been significant changes to allied legislation, such as the Pension Benefits Standards Act. As well, pension administration and family-law practice have both continued to evolve. The goal of this project is to take these developments into account and make recommendations to reform part 6 of the Family Law Act and the Division of Pensions Regulation.

This project also allows BCLI to build on past work involving pension division. You can view BCLI’s education resource on the current law, Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia, by clicking here 

Keywords: pension, pension division, family law, marriage & common-law relationships, property & debt at family breakup, divorce & separation, spouse, defined benefit, defined contribution, hybrid, plan, RRSP, RRIF, LIF, extraprovincial, survivor, disability, transfer, benefit

Funder

The Pension Division Review Project was made possible by funding from the Justice Services Branch, Ministry of Attorney General for British Columbia.

This website and its publications are not legal advice. Need legal assistance? Visit our Resources page.

Backgrounders

Backgrounder no.2 – Members of the Pension Division Review Project Committee

Download document (187 KB)

Backgrounder no. 1 – Introduction to the Pension Division Review Project

Download document (145 KB)

Media Releases

Media Release no.1 – BCLI forms project committee to review pension division under part 6 of the Family Law Act

Download document (145 KB)


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