67.4 (1) A spouse of a retired member of a pension plan is eligible to apply under this section for the division of the retired member’s pension if all of the following circumstances exist: 1.  The spouses are separated and there is no reasonable prospect that they will resume cohabitation. 2.  Payment of the first instalment of the retired member’s pension was due on or before the family law valuation date. 3.  A statement of the imputed value, for family law purposes, of the retired member’s pension has been obtained from the administrator under section 67.2. 4.  The division of the pension is provided for by an order made under Part I (Family Property) of the Family Law Act or is authorized under a family arbitration award or domestic contract. 5.  In the order, family arbitration award or domestic contract, the amount of each pension instalment to be paid to the spouse is expressed, i.  as a specified amount, or ii.  as a proportion of the instalment otherwise payable to the retired member.  2009, c. 11, s. 49; 2010, c. 9, s. 46 (1-4). Application for division and payment (2) The eligible spouse may apply, in accordance with the prescribed requirements, to the administrator of the plan for division of the retired member’s pension and for payment of the eligible spouse’s share to him or her.  2009, c. 11, s. 49; 2010, c. 9, s. 46 (5); 2017, c. 34, Sched. 33, s. 26. Restrictions (3) The division and payment of the pension is subject to the restrictions set out in this section and to such other restrictions as may be prescribed.  2009, c. 11, s. 49. Duties of administrator (4) Once the application is complete, the administrator shall revalue the retired member’s pension in the prescribed manner and begin the payments to the eligible spouse within the prescribed period.  2009, c. 11, s. 49; 2010, c. 9, s. 46 (6). Maximum percentage (5) The order, family arbitration award or domestic contract is not effective to the extent that it purports to entitle the eligible spouse to a share that exceeds 50 per cent of the imputed value, for family law purposes, of the pension, as updated for the purposes of this subsection if the regulations or the Authority rules require the imputed value to be updated.  2009, c. 11, s. 49; 2019, c. 14, Sched. 9, s. 33 (1). Discharge of administrator (6) In the absence of actual notice to the contrary, the administrator is entitled to rely upon the information provided by the spouse in the application and is discharged on revaluing the retired member’s pension and making the payments to the eligible spouse in accordance with the application and this section.  2009, c. 11, s. 49; 2010, c. 9, s. 46 (7). Orders for support (7) This section does not affect any order for support enforceable in Ontario.  2009, c. 11, s. 49. Waiver of joint and survivor pension (8) Despite subsection 46 (2), the eligible spouse may waive his or her entitlement to a joint and survivor pension after payment of the first instalment of the retired member’s pension is due and before the pension is divided in accordance with this section.  2009, c. 11, s. 49; 2010, c. 9, s. 46 (8). No cancellation (9) A waiver authorized by subsection (8) cannot be cancelled.  2009, c. 11, s. 49. Special case, combining payments (10) The following rules and any additional prescribed rules apply if the eligible spouse is entitled to a joint and survivor pension in respect of the retired member in addition to being entitled to payment of a share of the retired member’s pension in accordance with this section: 1.  The eligible spouse may make a written request, in the form approved by the Chief Executive Officer, to the administrator for payment of a single pension from the pension plan instead of payment of a share of the retired member’s pension and payment of a joint and survivor pension. 2.  If the pension plan so permits, the administrator may comply with the request. 3.  When the eligible spouse begins to receive the single pension, he or she ceases to be entitled to payment of the share of the retired member’s pension and to payment of the joint and survivor pension in respect of the retired member.  2009, c. 11, s. 49; 2010, c. 9, s. 46 (9-11); 2018, c. 8, Sched. 23, s. 23; 2019, c. 14, Sched. 9, s. 33 (2). Section Amendments with date in force (d/m/y) 2009, c. 11, s. 49 - 01/01/2012 2010, c. 9, s. 46 (1-11) - 01/07/2012 2017, c. 34, Sched. 33, s. 26 - 08/06/2019 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 2019, c. 14, Sched. 9, s. 33 (1, 2) - 10/12/2019 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2019, c. 14, Sched. 9, s. 34) Division of pension from a successor pension plan for certain family law purposes Application of section 67.4.1 (1) This section applies if, on or after the family law valuation date of a retired member and his or her spouse but before any application for a division of the retired member’s pension under section 67.4 is complete, assets attributable to the retired member’s pension are transferred to another pension plan. 2019, c. 14, Sched. 9, s. 34. Definitions (2) In this section, “original pension plan” means the pension plan whose assets include the assets referred to in subsection (1) on the family law valuation date; (“premier régime de retraite”) “successor pension plan” means the pension plan into which the assets referred to in subsection (1) have been transferred on or after the family law valuation date or any pension plan into which those assets have subsequently been transferred. (“régime de retraite subséquent”) 2019, c. 14, Sched. 9, s. 34. Eligibility (3) A spouse of a retired member of a successor pension plan may, in the situation referred to in subsection (1), apply for the division of the retired member’s pension under the successor pension plan if all of the following circumstances exist: 1.  The spouses are separated and there is no reasonable prospect that they will resume cohabitation. 2.  Payment of the first instalment of the retired member’s pension was due under the original pension plan on or before the family law valuation date. 3.  A statement of the imputed value, for family law purposes, of the retired member’s pension under the original pension plan has been obtained under section 67.2 or 67.2.1. 4.  The division of the pension is provided for by an order made under Part I (Family Property) of the Family Law Act or is authorized under a family arbitration award or domestic contract. 5.  In the order, family arbitration award or domestic contract, the amount of each pension instalment to be paid to the spouse is expressed, i.  as a specified amount, or ii.  as a proportion of the instalment otherwise payable to the retired member under the original pension plan. 2019, c. 14, Sched. 9, s. 34. Application for division and payment (4) The eligible spouse may apply, in accordance with the prescribed requirements, to the administrator of the successor pension plan for division of the retired member’s pension and for payment of the eligible spouse’s share to him or her. 2019, c. 14, Sched. 9, s. 34. Restrictions (5) The division and payment of the pension is subject to the restrictions set out in this section and to such other restrictions as may be prescribed. 2019, c. 14, Sched. 9, s. 34. Duties of administrator (6) Once the application is complete, the administrator of the successor pension plan shall revalue the retired member’s pension in the prescribed manner and begin the payments to the eligible spouse within the prescribed period. 2019, c. 14, Sched. 9, s. 34. Maximum percentage (7) The order, family arbitration award or domestic contract is not effective to the extent that it purports to entitle the eligible spouse to a share that exceeds 50 per cent of the imputed value, for family law purposes, of the pension under the original pension plan, as updated for the purposes of this subsection if the regulations or the Authority rules require the imputed value to be updated. 2019, c. 14, Sched. 9, s. 34. Discharge of administrator of successor pension plan (8) In the absence of actual notice to the contrary, the administrator of the successor pension plan is entitled to rely upon the information provided by the spouse in the application and by the administrator of the original pension plan and is discharged on revaluing the member’s pension and making the payments to the eligible spouse in accordance with the application and this section. 2019, c. 14, Sched. 9, s. 34. Orders for support (9) This section does not affect any order for support enforceable in Ontario. 2019, c. 14, Sched. 9, s. 34. Waiver of joint and survivor pension (10) Despite subsection 46 (2), the eligible spouse may waive his or her entitlement to a joint and survivor pension under the successor pension plan after payment of the first instalment of the retired member’s pension is due and before the pension is divided in accordance with this section. 2019, c. 14, Sched. 9, s. 34. No cancellation (11) A waiver authorized by subsection (10) cannot be cancelled. 2019, c. 14, Sched. 9, s. 34. Special case, combining payments (12) The following rules and any additional prescribed rules apply if the eligible spouse is entitled to a joint and survivor pension under the successor pension plan in respect of the retired member in addition to being entitled to payment of a share of the retired member’s pension in accordance with this section: 1.  The eligible spouse may make a written request, in the form approved by the Chief Executive Officer, to the administrator of the successor pension plan for payment of a single pension from the successor pension plan instead of payment of a share of the retired member’s pension and payment of a joint and survivor pension. 2.  If the pension plan so permits, the administrator of the successor pension plan may comply with the request. 3.  When the eligible spouse begins to receive the single pension, he or she ceases to be entitled to payment of the share of the retired member’s pension and to payment of the joint and survivor pension in respect of the retired member. 2019, c. 14, Sched. 9, s. 34. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 9, s. 34 - not in force