Restricted life income funds — s. 40 of the federal regulation
 12. (1) For the purpose of the application of section 40 (Prescribed restricted life income fund) of the federal regulation under this Regulation, (a)  the reference in paragraph 40 (1) (h) of the federal regulation to “survivor” shall be read as a reference to “surviving spouse”; (b)  paragraph 40 (1) (i) of the federal regulation does not apply; (c)  subparagraphs 40 (1) (j) (i) and (l) (i) of the federal regulation shall be read without the reference to “a transfer under the Pension Benefits Standards Act, 1985”; (d)  subparagraphs 40 (1) (j) (ii), (k) (iii) and (l) (ii) of the federal regulation do not apply; and (e)  the reference in subsection 40 (1) of the federal regulation to paragraph 53 (4) (b) of the federal Act shall be read as a reference to clause 19 (2) (c) of the Pooled Registered Pension Plans Act, 2015. (2) For the purpose of receiving a transfer of funds from a PRPP, a restricted life income fund must meet the following conditions in addition to those set out in section 40 of the federal regulation, as it applies under this Regulation: 1.  It must provide that in order to qualify as the surviving spouse under paragraph 40 (1) (h) of the federal regulation, a person must be either, i.  a spouse described in clause (a) of the definition of “spouse” in section 2 of the Act from whom the holder of the restricted life income fund is not living separate and apart at the time of the holder’s death, or ii.  a spouse who meets the description in clause (b) of the definition of “spouse” in section 2 of the Act at the time of the holder’s death. 2.  It must provide that in order to be paid the funds in the restricted life income fund under paragraph 40 (1) (j) of the federal regulation, the holder must apply, on a form approved by the Chief Executive Officer, to the financial institution with which the contract or arrangement for the restricted life income fund was entered into. The form must contain the following requirements: i.  It must require the holder to certify that the information the holder provides on the form is complete and accurate. ii.  It must require the holder to indicate whether the holder has a spouse as of the date of the application and, if so, whether the holder is living separate and apart from the holder’s spouse on that date. iii.  It must require that if the holder has a spouse from whom the holder is not living separate and apart as of the date of the application, the spouse must consent to the payment of funds. 3.  It must provide that in order to withdraw an amount from the restricted life income fund under paragraph 40 (1) (k) of the federal regulation, the holder must apply, on a form approved by the Chief Executive Officer, to the financial institution with which the contract or arrangement for the restricted life income fund was entered into. The form must include the requirements described in subparagraphs 2 i, ii and iii, with necessary modifications. 4.  It must provide that in order to transfer 50 per cent of the funds in the restricted life income fund to a registered retirement savings plan or a registered retirement income fund under paragraph 40 (1) (l) of the federal regulation, the holder must apply, on a form approved by the Chief Executive Officer, to the financial institution with which the contract or arrangement for the restricted life income fund was entered into. The form must include the requirements described in subparagraphs 2 i, ii and iii, with necessary modifications. 5.  It must provide that the funds in the restricted life income fund, or any interest or right in those funds, shall not be assigned, charged, anticipated or given as security except as permitted under this section or section 10 of the Act. 6.  It must provide that the funds in the restricted life income fund, or any interest or right in those funds, shall not be surrendered or withdrawn except as permitted under section 40 of the federal regulation. 7.  It must provide that the funds in the restricted life income fund, or any interest or right in those funds, are exempt from execution, seizure or attachment except as specified under section 12 of the Act. 8.  It must provide that the value of the assets in the restricted life income fund is subject to division in accordance with the terms of an order under Part I (Family Property) of the Family Law Act, a family arbitration award or a domestic contract. O. Reg. 359/16, s. 12 (2); O. Reg. 148/19, s. 1. (3) An order under Part I (Family Property) of the Family Law Act, a family arbitration award or a domestic contract is not effective to the extent that it purports to entitle the holder’s spouse or former spouse to the transfer of a lump sum that exceeds 50 per cent of the value of the assets in the restricted life income fund, determined as of the family law valuation date.