The Pension Benefits Division Act (PBDA)
See also Garnishment, Attachment and Pension Diversion Act (GAPDA)
If the marriage or common-law relationship of a CF member/pensioner breaks down, the pension benefits acquired during the course of that marriage or relationship may, upon application, be divided according to the terms of the PBDA.
Estimated values of the division may be obtained from DCFPS by completing and sending the "Request for Estimate of Pension Division Value" form to the address on the "Contact Us" page.
View the PBDA on the Department of Justice Web site: The Pension Benefits Division Act (PBDA)
Common Questions:
- Who is eligible for a division of pension benefits?
- What happens if the division is approved?
- Can I object to the division?
- How do I obtain an estimate of the Pension Benefits Division value?
Who is eligible for a division of pension benefits?
Spouses who have divorced or who have been living separate and apart for at least one year, and spouses who have lived in a common-law relationship for a minimum of one year and who have been living separate and apart for at least one year are eligible. Either the CF member, pensioner, their spouses or former spouses may apply for a division by making a formal application, which must be accompanied by either:
- a court order or
- written spousal agreement which specifically provides for the division of the pension benefits.
What happens if the division is approved?
If the division is approved, a lump-sum representing the spousal share of the value of the benefits subject to division, will be transferred to either a locked-in retirement savings vehicle chosen by the member's / pensioner's spouse, or to a financial institution for the purchase of a life annuity. This lump-sum can never be greater than 50 per cent of the value of the benefits subject to division. The CF pension benefits will be reduced to reflect that division. The reduction of the pension is for life. The member or pensioner cannot "buy back" the portion of the pension that was paid out.
Yes. the CF member or pensioner will be notified of any application made to divide their benefits, after which they can file an objection with the Minister of National Defence within 90 days of the notice of application being sent out. Please note that the grounds for objection are very specific. They are:
- The court order or spousal agreement has been changed or is no longer valid;
- The terms of the court order or spousal agreement have been satisfied, or are being satisfied, by some other means; or
- The court has been appealed or the terms of the spousal agreement are being challenged in court.
How do I obtain an estimate of the Pension Benefits Division value?
Estimates of Pension Benefits Division Values may be obtained from DCFPS by sending DCFPS the form: "Request for Estimate of Pension Division Value". You can download it from our Forms page or you can contact us and we'll mail you a copy.
Click on Contact us for addresses and phone numbers.
