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Pension Division

Plan Members

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  • 1809 Barrington Street, Suite 1108, CIBC Building Halifax, Nova Scotia B3J 3K8

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Pension Division

Upon marriage breakdown couples typically divide their marital assets, this includes pension benefits accrued during their period of marriage. Our office is available to assist couples through this process as it relates to HRM pension benefits.

Overview for HRM Plan Members

As a Plan member, if your relationship ends, your former spouse may be entitled to a portion (up to 50%) of the pension benefits you earned while you were married and a member of the pension plan.

If you already have a court order or separation agreement, which provides for a division of your pension benefits, please ensure that you send a copy to the HRM Pension Plan Office as soon as possible. If you do not already have a court order, you should contact your legal representative to obtain one.

A court order or separation agreement must:

  • Provide for the division of the HRM Pension Plan benefit in accordance with the Nova Scotia Pension Benefits Act;
  • Identify the date of marriage or start of the common law relationship;
  • Specify the date of separation;
  • Identify the percentage (up to 50%) of the pension accrued during the period of marriage payable to the spouse or common law partner

After we receive your court order, your record will be updated in our system. When you leave the Plan (due to termination, retirement, or death) your pension benefit will be adjusted to reflect the proportion that is payable to your former spouse. 

In accordance with the Nova Scotia Pension Benefits Act, a fee of up to $650 will be payable to the HRM Pension Plan for processing a pension division.

Should you have any questions about this process, please contact our office.

How to Make a Claim as a Former Spouse

If you are the former spouse of a member of the HRM Pension Plan and wish to find out more information about any associated benefits you may be entitled to, please follow the steps outlined below:

Complete and file Form 13 – 'Spousal Request for Information' with the HRM Pension Plan Office.

Upon request, our office will provide you with all the information necessary for valuing your entitlement. This will include:

  • A summary of plan provisions
  • The accrued pension benefit
  • A breakdown of pensionable service
  • Any relevant dates

You should provide this information to your legal representative. 

After consulting with your legal representative, you must decide whether to:

  • Divide the HRM pension benefit; or
  • Settle the HRM pension benefits using assets outside the Pension Fund
    • In this case, no further action is required by you or your former spouse related to the division of HRM pension entitlements.

If you decide to divide any portion of the HRM Pension Plan benefit, your legal representative must prepare a court order outlining the division. The court order must:

  • Provide for the division of the HRM Pension Plan benefit in accordance with the Nova Scotia Pension Benefits Act;
  • Identify the date of marriage or start of the common law relationship;
  • Specify the date of separation;
  • Identify the percentage (up to 50%) of the pension accrued during the period of marriage you are entitled to

Once you have obtained a court order, please complete Form 14 – 'Request to Become a Limited Member' and deliver the signed form along with a copy of any court order to the HRM Pension Plan Office.

 

Any benefit from the HRM Pension Plan will only become payable upon the earlier of the termination, retirement, or death of your former spouse.

Definition of Spouse

The definition of Spouse in accordance with the Nova Scotia Pension Benefits Act means either of two persons who:

  • are married to each other;
  • are married to each other by a marriage that is voidable and has not been annulled by a declaration of nullity;
  • have gone through a form of marriage with each other, in good faith, that is void and are cohabiting or, where they have ceased to cohabit, have cohabited within the twelve-month period immediately preceding the date of entitlement;
  • are domestic partners within the meaning of Section 52 of the Vital Statistics Act; or
  • not being married to each other, cohabiting in a conjugal relationship with each other and have done so continuously for at least:
    • three years, if either of them is married, or
    • one year, if neither of them is married.

Where to get more information

Many situations are unique. It is therefore strongly advised that you seek independent legal, financial, and actuarial advice if you have had a marriage breakdown. If you are unsure how the rules above apply to you, or if you are unsure how to proceed, please contact us. We would be happy to answer any of your questions.

Forms and Links

Nova Scotia Guide on Dividing Pension Benefits

Beneficiary & Spouse Designation form (Non HRCE Employees)

Beneficiary & Spouse Designation form (HRCE Employees)

Form 13 – Spousal Request for Information

Form 14 – Request to Become a Limited Member 

Electronic Communications Authorization Form – choose to receive your pension division and all other Plan correspondence by email