Fundamentals of Pension Division for Family Lawyers
Thomas G. Anderson
Anderson Pension Law Consulting
I. Introduction 8
II. Pensions are family assets 8
III. Types of Pensions 8
IV. Legislative Responsibility in Canada 8
A. Income Tax Act 9
B. Federal Public Sector Plans 9
C. Provincial Public Sector Plans 9
D. Private Sector Plans 9
1. Federally regulated undertakings 9
2. Provincially regulated undertakings 10
E. Social Benefits: Canada Pension Plan and Old Age Security 10
F. Benefits provided outside Canada 11
V. British Columbia's Pension Division Rules:
Part 6 of the Family Relations Act ("FRA") 11
A. What is a Pension? 11
B. Must a Pension be Divided under Part 6? 13
C. Who is a Spouse? 13
1. Federal Modernization of Benefits and Obligations Act 13
2. Definition of Spouse under B.C. Legislation 14
3. Definition of "spouse" under the B.C. PBSA 15
4. Definition under the FRA 16
5. Agreements 16
6. Definition of "spouse" under the Income Tax Act 17
D. Plans Subject to Part 6 of the FRA 18
1. "Local Plans" 18
2. Extraprovincial Plans 19
3. "Top up" or Supplemental Plans 20
E. Basic Models of Pension Division under Part 6 21
1. Matured pensions 21
2. Unmatured pension in a defined contribution plan 21
3. Unmatured pension in a defined benefit plan 21
4. Supplemental or top-up plan 21
F. Spouse's Entitlement to Information From the Plan 22
VI. Useful resources: 23
VII. Detailed Discussion of Pension Division
under Part 6 of the Family Relations Act: Introduction 24
VIII. Tables 24
IX. Dividing a Pension in a Local Plan 25
A. Matured Pension 25
1. Meaning of "matured" 25
2. Division of a matured pension 25
3. Determining the limited member's "proportionate share" 25
4. Meaning of "entitlement date" 26
5. If there is an agreement or order about the "proportionate share" 26
6. Pre-marriage accruals 26
7. Example (matured defined benefit plan) 27
B. Unmatured Pension in a Defined Contribution Plan 27
1. Division of an unmatured pension in a defined contribution plan 28
2. Determining the spouse's share 28
C. Unmatured Pension in a Defined Benefit Plan 29
1. Division of an unmatured pension in a defined benefit plan 29
2. The election to transfer the commuted value from the plan 29
3. Determining the limited member's proportionate share 30
4. Example (unmatured defined benefit plan):
electing to transfer the share from the plan 30
5. Example (unmatured defined benefit plan):
waiting for a separate pension 31
D. Unmatured Pension in a Hybrid Plan 31
1. Division of an unmatured pension in a Hybrid Plan 31
2. Division with Plan consent 32
E. If the Method of Division is Inappropriate 32
X. Dividing a Pension in an Extraprovincial Plan 32
XI. The Rights of a Limited Member 34
A. Generally 34
B. Rights of a Spouse Under the Former Law 35
C. The Spouse's Rights When the Member Dies
Before Reaching a Retirement Age 35
1. If the Member Dies Before the Limited Member Receives a Share 35
2. Determining the Proportionate Share of a Death Benefit 35
3. Why a Different Proportionate Share is Used for the Death Benefit 36
4. Death benefits under provincial public plans 36
5. Death benefits under federally regulated plans 36
6. Form of the Death Benefit 37
7. If the Limited Member Dies Before Receiving a Share 37
8. No Further Rights to Death Benefit After
Limited Member Receives Share 37
9. When the Member Dies after Retirement 37
(a) Benefits paid when the member dies after retiring 38
(1) Single life pension 38
(2) Guarantee period 38
(3) Joint annuities 38
(4) Other postretirement survivor benefits 38
(b) If the pension is single life 38
(c) If the pension is in the form of a joint annuity 39
(d) If a survivorship benefit is payable to a member's "spouse" 39
D. When a Member Terminates Employment Before Retiring. 40
XII. Transferring the Spouse's Share to another Pension Vehicle. 41
XIII. Using Locked-in Benefits 41
A. Meaning of "locked-in" 41
B. Earliest age locked-in funds can be used 41
C. Exceptions to the lock-in rules 42
1. Commutation of Small Amounts 42
2. Age 65 and Small Total Amounts 42
3. Permanent Departure from Canada 42
4. Commutation for Shortened Life Expectancy 43
XIV. Arrears 43
XV. Agreements 44
A. Old Agreements and Court Orders 44
1. Orders and Agreements made before July 1, 1995 44
2. Requiring the Plan to Administer a Rutherford-type Benefit Split 44
3. Agreements to Opt-in to Part 6 44
4. Template for Bringing Old Orders and Agreements Within Part 6 44
5. Spouse Can Opt-In Unilaterally if Agreement or Order
Requires Member to Sever Spouse's Interest 45
B. Varying the Share of the Pension 45
C. The 50 per cent Ceiling 45
D. Waiver 46
E. Waiving equalization of CPP 48
F. Waiving Preretirement and Postretirement Survivorship Benefits 49
G. Specific contractual obligations 50
1. Obligation to make beneficiary designation 50
2. Obligation to obtain consent before retiring 51
3. Obligation to elect a joint annuity 51
XVI. Integration of Pension Division Arrangements with Support Obligations 52
A. Agreement or Court Order Should State Whether Support
is to Continue After the Member Retires 52
B. If the Value Placed on the Pension Was Inadequate 52
C. Drafting Considerations 53
XVII. Dividing Pre-marriage Accruals 54
XVIII. Dividing Post-separation Accruals 56
XIX. Obligation on plan to provide information and liability for failing to do so 59
XX. Compensation Payments 60
A. When will a compensation payment be made
instead of division under Part 6? 60
B. Exceptions to the General Rule 61
C. How to Calculate a Compensation Payment:
Termination or Retirement approach? 61
D. Evidence of Value 63
XXI. Employment Termination Benefits (Severance, etc.) 64
A. Severance Benefits 64
1. Termination Benefits are Usually Called "Severance Payments" 64
2. Examples of severance payments 65
(a) Early retirement benefits 65
(b) Dismissal benefits 65
(c) Retirement benefits 65
3. Which kinds of severance payments qualify as family assets? 65
(a) Basic rules 66
(b) Special rules for severance payments 66
(c) Basic distinction 68
(d) The principles restated 69
4. Application of the principles in case law 69
5. Issues that arise if a severance payment qualifies as a family asset 73
6. Can a severance payment not payable until some future date
qualify as a family asset? 73
B. Deposit in an RRSP or Acquiring further Pension Entitlement 74
C. Reapportionment 74
XXII. Constructive Trusts and Pensions 74
A. Overview 75
B. Is a causal link required between the contributions and the pension? 75
C. Beblow holds that indirect contributions can support
a constructive trust against a pension 76
XXIII. Pension Benefits Division Act 78
A. In force 78
B. Application 78
C. Provides a Mechanism for Pension Division 78
D. Married and Unmarried Spouses 78
E. Making the Application 79
F. Old orders and agreements 79
G. Where a Member or Spouse has Died Before Division 79
H. Method of Division: Lump Sum Transfer 80
I. Estimating the Value 81
J. Tips and Traps 81
1. Methods for speeding up the process 81
(a) Request division of the pension only 81
(b) Have the member write a letter consenting to the division 82
(c) Certified documents 82
2. Timing of the pension division and how it affects value 82
(a) How vesting affects a pension's value 82
(b) How assumptions about retirement date
affect a pension's value 83
(c) Adjusting the member's pension
if division takes place before vesting 84
(d) How interest rate assumptions affect value 84
(e) Summary 85
3. Common Mistakes to Avoid 85
(a) Application can only be made after the parties divorce,
or have been separated for one year 85
(b) Severance is not divided under the PBDA 85
(c) Drafting the order or agreement 85
(d) Survivor benefits 86
XXIV. Disability Benefits 87
A. Types of disability benefits 87
B. Are disability benefits divisible as family assets? 87
C. Analysis of the different types of disability benefits 88
1. CPP disability benefits 88
2. Disability insurance benefits: short term and long term disability insurance 89
3. Employment disability pensions and long term benefits 90
4. Military disability pensions 90
5. Workers compensation benefits 91
D. The cases represent a philosophical division 91
E. Part 6 Rules 92
1. Disability "Pensions" 92
2. Division if the member qualifies for a disability pension 92
3. Division of other disability benefits 93
4. Agreement or Court Order must provide for division 94
F. Determining the Spouse's share of disability benefits 94
1. Part 6 Rules 94
2. Reapportionment of entitlement to disability benefits 94
3. Share of retirement pension when entitlement
continues to accrue while disabled 94
XXV. Protecting the Client's Position
with Respect to Pension Entitlement 95
A. Overview 95
B. Plan's obligations to Member 95
C. What might happen if the spouse's interest
is not protected before the pension is divided? 95
1. Retirement 96
2. Termination of employment 96
3. Death of the member 96
(a) Form of the benefit 97
(b) Tax treatment 97
4. Bankruptcy 98
D. Protecting the spouse's interest in the member's pension before it is divided 98
1. Consider obtaining a restraining order preserving the pension 98
2. Deliver a Form 1 to the plan administrator 98
3. Consider obtaining a s. 57 declaration 99
(a) Consequences of delaying the triggering event 99
(b) Death of member before the occurrence of a triggering event 99
4. Delivering to the plan administrator the agreement or court order
that provides for dividing the pension 100
XXVII. Appendices 102
Appendix A. Pension plans registered under the B.C. Pension Benefits Standards Act 103
Appendix B. Federally Regulated Plans (under the federal PBSA and
Under the Supervision of the Office of Superintendent of Financial Institutions) 129
Appendix C. 2003 Life Income Fund ("LIF") Maximum Annual Withdrawals 158
Appendix D. Facts about the Child Rearing Drop-out Provision: February 2002 159
I. Introduction
These materials discuss pension division principles that apply across Canada, and then focus on the pension division rules under Part 6 of the FRA. They are revised and updated versions of materials that were first presented at the CLE course on Family Lawyers Guide to Pensions and RRSPs (Feb., 2000) and Family Essentials: Practice and Procedure (June, 2000).
Sections I to VI are an introductory overview. A detailed examination of the pension division rules begins with Section VII.
Further valuable information about pensions and RRSPs are to be found in the course materials for Family Lawyers Guide to Pensions and RRSPs.
II. Pensions are family assets
Pensions are family assets and divisible on marriage breakdown (FRA, s. 58(3)(d), FRA, Part 6).
III. Types of Pensions
There are three basic types of pension plans:
1. defined benefit plans: the value of the pension depends on a formula such as, e.g., (2 per cent) x (years of service) x (average of final 5 years of salary). There are three types of defined benefit plans: (a) flat benefit, (b) career average earnings, and (c) final average earnings.
2. defined contribution plans: these are also called "money purchase plans." They consist of contributions (made by employers, employees or both) and investment returns on the contributions. When the member retires, the pension account is used to purchase an annuity for the member.
3. hybrid plans: hybrid plans have features of both defined benefit plans and defined contribution plans.
B.C. legislation provides different rules for dividing pensions, depending on the kind of plan (because each of the plans is structured differently).
Table 1 sets the rules that apply to each kind of plan.
IV. Legislative Responsibility in Canada
Legislative responsibility over pensions is divided between the federal and provincial governments. A number of statutes are relevant.
A. Income Tax Act
The Income Tax Act sets out rules that all plans must observe in order to be registered under that Act, in order to benefit from special tax rules. These rules allow for pension division, but place restrictions on what can be done.
B. Federal Public Sector Plans
Federal public sector plans (e.g., armed forces, public service, members of parliament, RCMP, diplomats and so on) are established, and regulated by, federal statutes. The statute establishing the plan in question must be consulted. To some extent, the federal Pension Benefits Standards Act also applies, but not the federal PBSA pension division rules. Division of pensions in federal public sector plans is governed by the Pension Benefits Division Act. More information on the PBDA is set out later in these materials.
C. Provincial Public Sector Plans
Each province and territory has established plans for persons employed in the public sector. These plans are established, and regulated, by relevant provincial (and territorial) legislation. In B.C., plans for the public service, municipal workers, and teachers were once each the subject of specific legislation. They are now, however, set up under an umbrella Act, the Public Sector Pension Plans Act, S.B.C. 1999 c. 44. Pensions in these plans are divided under Part 6 of the FRA, although the plan texts do also expressly address pension division issues.
D. Private Sector Plans
Responsibility for private sector plans is also divided between federal and provincial governments.
1. Federally regulated undertakings
Federal legislation governs federally regulated private undertakings (such as telecommunications, banks, airlines, inter-provincial transportation, and waterfront workers). These plans must be registered under the federal Pension Benefits Standards Act. Provincial law applies to these pension plans to some extent, but the relationship and paramountcy between federal and provincial law has not been completely worked out.
The regulatory statute is the federal Pension Benefits Standards Act. It sets out pension division rules (PBSA, s. 25) which incorporate by reference the relevant provincial law that governs family property. Nevertheless, many of these plans have adopted pension division rules that are inconsistent with provincial law.
The federal PBSA came into force in 1987. The previous legislation did not provide for pension division. Some plans took the position that if the pension had matured before 1987, or if the pension division arrangements were finalized before that date, there was no obligation on them to assist in the pension division. However, it has now been held that, at least with respect to agreements or orders made before 1987, the plan must administer the pension in accordance with the agreement or order: Robertson v. CNR (2000), 79 B.C.L.R. (3d) 168 (S.C.).
A list of plans registered under the federal PBSA is set out in an Appendix to these materials.
2. Provincially regulated undertakings
In all other cases, Canadian plans established for employees are subject to provincial regulation. The basic rule is that the plan must register in each province that it has members. However, to avoid the problems that would arise from requiring a plan to abide by multiple sets of regulatory rules, provincial legislation has been enacted which provides that if the plan is registered in the province in which it has the majority of members, it will be granted an exemption from registration in other provinces in which it has members accruing pension entitlement (see, e.g., B.C. PBSA, s. 4).
Complicated issues still arise, however, concerning which laws govern a plan (i.e., whether federal or provincial rules apply and, where more than one province is involved, which province). Things become even more complex in matrimonial disputes, since different rules apply to determine which territory's laws and which territory's courts have jurisdiction to decide family matters, including the division of pensions. For example, a B.C. court may have jurisdiction to divide family assets, and apply B.C. rules to the division of a pension. But if the plan is registered outside B.C., there may be problems enforcing the order. Part 6 solves some, but not all, of these problems, as is discussed below.
Most Canadian provinces have adopted pension division legislation of some kind. There is a great deal of variety in the rules that apply from province to province.
As a general rule of thumb, it is the law of the province in which the member accrued pension entitlement (or, if the member worked in more than one province, the last province in which the member accrued pension entitlement) that determines the pension division rules that apply to the plan.
A list of plans registered under the B.C. PBSA is set out in an Appendix to these materials.
E. Social Benefits: Canada Pension Plan and Old Age Security
Pension benefits are also available under the Canada Pension Plan, which has its own statutory rules for division on marriage breakdown. Benefits accruing to each of the spouses during the relationship can be equalized when the relationship ends.
In B.C. it has been held that Old Age Security benefits are also divisible on marriage breakdown: Lattey v. Lattey (1989), 21 R.F.L. (3rd) 229 (BCSC). However, these benefits are often not an issue for two reasons:
(a) if the spouses are similar in age, each will have similar OAS entitlement, and
(b) if there is an age gap, so that one will qualify for OAS sooner, courts will often reapportion entitlement to the senior person on the basis of need for economic self-sufficiency (e.g., Ree v. Ree, [1999] B.C.J. No. 2628, Young v. Young, 2000 BCSC 1245).
The only method of division for OAS benefits would be a Rutherford-type split (named after the seminal decision in B.C. concerning pension division-Rutherford v. Rutherford (1981), 30 B.C.L.R. 145 (BCCA)-where the member pays part of each monthly cheque to the spouse). If OAS is to be divided, the agreement or court order should require its division only until the spouse qualifies for a separate OAS benefit: Trono v. Trono, [1984] B.C.J. No. 828 (BCSC) Boyle J.
F. Benefits provided outside Canada
Because of the high level of immigration to Canada, it is often the case that one or both spouses will have accrued pension entitlement in another country. Usually pension division arrangements for these benefits present difficult enforcement issues. The discussion of these issues is beyond the scope of these materials.
V. British Columbia's Pension Division Rules:
Part 6 of the Family Relations Act ("FRA")
A. What is a Pension?
Part 6 of the FRA provides a mechanism for dividing pensions.
When a person terminates employment to take retirement, often a variety of benefits are provided. Difficult questions sometimes arise concerning whether the benefit qualifies as a family asset because it is a pension, or on some other basis. See, for example, the discussion later in these materials about severance benefits and about deferred compensation plans.
Part 6 provides expressly for the division of pensions. "Pension" is a defined term (FRA, s. 70(1)).
"pension" means a series of payments that continue for the life of a member, whether or not it is afterward continued to any other person;
A pension plan provides the basic retirement annuity, together with related benefits.
One kind of related benefit is a death benefit payable before or after retirement (referred to in Part 6 of the FRA and in the B.C. PBSA as, respectively, "preretirement survivor benefits" and "postretirement survivor benefits"). These kinds of benefits are expressly dealt with under Part 6, and are divisible between the spouses (FRA, s. 78).
Another kind of related category of benefits that is also divisible as part of the pension is what is called "bridging benefits." Bridging benefits are a temporary monthly supplement designed to provide level income. Probably the most common example is the CPP bridge benefit. This is an additional monthly payment that ceases when the member becomes entitled to CPP. Some plans make similar arrangements for OAS benefits. Some plans are structured to provide the bridging benefit automatically. Others allow the member to elect the option. Where the benefit is optional, what essentially is taking place is that the member elects to receive an additional amount of the pension early on. Although these are not referred to expressly in Part 6, these bridging benefits are divisible as family assets. This was confirmed in Vestrup v. Vestrup, [1999] B.C.J. No. 1057 (BCSC) Burnyeat J.:
14 Mr. Vestrup takes the position that Ms. Vestrup is only in a position to share in the lesser monthly amount as the remainder of what he has receiving represents 'Old Age Security integration' and that the Old Age Security payments which he will receive when he reaches age 65 in 2004 will not be available to Ms. Vestrup. The problem with that submission is that Mr. Vestrup has bargained away part of the amount of his MBL Pension which would be received by him after 2004 and is receiving a portion of that now. Part of what he is presently receiving is part of what Ms. Vestrup would be entitled to receive after July 1, 2004. Mr. Vestrup should not be allowed to receive part of what Ms. Vestrup would later be entitled to receive unless it is with the approval of Ms. Vestrup.
15 To be consistent, Ms. Vestrup should either share the lesser amount now but a higher percentage later to reflect what she should have been receiving if Mr. Vestrup had not exercised the option he did or share the same percentage of anything received both before and after July 1, 2004. In these circumstances, Ms. Vestrup wishes to receive a consistent percentage of the higher amount being received to July 1, 2004 and then the lesser amount which will be payable after that date. In the circumstances, she should be allowed to make that decision for herself.
16 Accordingly, the share of Ms. Vestrup in the pension will be based on the entire payment which started on August 1, 1995 and on all future payments to be received by Mr. Vestrup under his pension plan pursuant to any increased amounts granted in accordance with paragraph 17.01 of the MBL Pension Plan...
Part 6 does not deal with benefits analogous to, but which are not, pensions, such as severance payments that might be made on termination of employment. That does not mean that analogous benefits are not divisible under Part 5 of the FRA. It does mean that the methods of pension division provided under Part 6 cannot be automatically used to divide them. The parties, or the court, may well proceed by analogy with the pension division methods set out under Part 6. (See the discussion later in these materials on Employment Termination Benefits).
Plan members are sometimes entitled to make additional, voluntary contributions to their plans. These are sometimes overlooked when pensions are divided. Voluntary contributions should be divided in the same fashion as defined contribution plans or RRSPs, and not by a pro rata, Rutherford-type formula, because their value depends upon contributions made to date (plus investment returns) and not on some formula based on future events. If, however, the agreement or order sets out a pro rata approach, which does not expressly address how voluntary contributions are to be divided, the formula will apply to both the pension and the voluntary contributions equally: see Srivastava v. Srivastava (1997), 40 B.C.L.R. (3d) 358 (BCCA).
B. Must a Pension be Divided under Part 6?
In every case, an option open to the member and spouse is for them to agree that the spouse will waive entitlement to the pension (usually in exchange for a compensation payment, the transfer of another asset, or the member waiving rights to an asset owned by the spouse). If so, Part 6 becomes irrelevant, except with respect to rules for valuing the compensation payment. (Pension Division Regulation, para. 11).
Spouse and member can also agree to divide the pension in different proportions from those set out in the Regulation to Part 6. (FRA, S. 80(1)) Similarly, a court can reapportion entitlement under s. 65.
Four situations where the spouse and member might consider satisfying the spouse's share by a compensation payment are:
(1) the spouse's share is very small
(2) the member has substantial assets and wants to retain the pension
(3) the spouse has separate pension entitlement of roughly equal value,
(4) the spouse is significantly younger than the member and has an opportunity to acquire pension entitlement, while the member is near retirement.
C. Who is a Spouse?
Federal and provincial legislation was amended between 1997 and 2000 to apply equally, for many purposes, to persons (of the same or opposite sex) who are in marriage-like relationships.
1. Federal Modernization of Benefits and Obligations Act
In 2000, federal legislation was amended by the Modernization of Benefits and Obligations Act to recognize "common law partners" and "common-law partnerships". "Common-law partnership" is defined following this pattern:
"common-law partnership" means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.
"Common law partner" has an equivalent meaning.
The definition requires (a) a conjugal relationship and (b) cohabitation that (c) has a duration of at least one year. This is essentially the same test that has been adopted in federal legislation for recognizing unmarried persons in opposite sex relationships.
There are some variations in the standard definition. Some of the amended definitions, for example, require the conjugal relationship and cohabitation to have been "continuous". It is not clear what distinction is intended by including this requirement in some statutes and omitting it from others.
Some of the benefits now available to same-sex spouses include:
(1) tax benefits, effective January 1, 2001 (the application of rollover rules to transfers of pension benefits and RRSPs between partners when their relation ends),
(2) entitlement to survivor benefits on the death of a partner under the Old Age Security Act, R.S.C. 1985, Chap. 0-9, and under the Canada Pension Plan Act, R.S.C. 1985, Chap. C-8, and entitlement to equalization of CPP unadjusted pensionable earnings at the end of the relationship, and
(3) beneficiary designations in favour of a partner (under, for example, an RRSP or pension) to allow survivor benefits to be paid on a roll-over basis, or in the form of a joint annuity (as opposed to being unable to make a designation, or the benefit being paid in a lump sum subject to tax).
Disadvantages include the clawback of social benefits that are subject to a family means test, tax consequences that depend upon the combined incomes of the parties, and the application of tax rules that prevent income splitting.
2. Definition of Spouse under B.C. Legislation
In 2000, the B.C. government brought into force the Definition of Spouse Amendment Act, 1999, S.B.C. 1999, c. 29 and the Definition of Spouse Amendment Act, 2000, S.B.C. 2000, c. 24.
While the Definition of Spouse Amendment Acts extend all references in British Columbia legislation to unmarried opposite-sex spouses to include persons in same-sex relationships, legislation that currently recognizes only married relationships is not affected (for example, Part 5 of the Family Relations Act, which governs property rights, including the division of pensions, at the end of a relationship applies to only married spouses). The question of whether Part 5 was vulnerable to a Charter challenge was answered by the Supreme Court of Canada in Walsh v. Bona, 2002 SCC 83, where it held that Nova Scotia family property legislation which similarly did not apply to unmarried spouses was constitutionally valid.
3. Definition of "spouse" under the B.C. PBSA
The B.C. PBSA definition of spouse is as follows:
1. (1) In this Act,
...
"spouse" means, in relation to another person,
(a) a person who at the relevant time was married to that other person, and who, if living separate and apart from that other person at the relevant time, did not live separate and apart from that other person for longer than the 2 year period immediately preceding the relevant time, or
(b) if paragraph (a) does not apply, a person who was living and cohabiting with that other person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and who had been living and cohabiting in that relationship for a period of at least 2 years immediately preceding the relevant time;
(2) For the purposes of paragraph (a) of the definition of "spouse" in subsection (1), persons are living separate and apart
(a) if they are living apart and either of those persons has the intention to live separate and apart from the other, or
(b) if, before the relevant time,
(i) they had lived separate and apart for any period, and
(ii) that period was interrupted or terminated only because either person became incapable of continuing to live separate and apart or of forming or having the intention to continue to live separate and apart of that person's own volition,
and the separation would probably have continued if that person had not become incapable.
This definition also applies to the provincial public sector pension plans (Public Sector Pension Plans Act, S.B.C. 1999 c. 44, s. 15.)
Note that a married spouse retains that status for only two years after the parties separate. For unmarried spouses, the relationship ends as soon as they cease cohabiting. (See further later in these materials : "Protecting the Client's Position with Respect to Pension Entitlement").
4. Definition under the FRA
The Family Relations Act was amended in 1997 (Family Relations Amendment Act, 1997, S.B.C. 1997, c. 20, s. 1(c) - "FRAA 1997") to recognize persons of the same or opposite sex in marriage-like relationships for all purposes except the division of family assets:
..."spouse" means a person who
(a) is married to another person,
(b) except under Parts 5 and 6, lived with another person in a marriage-like relationship for a period of at least 2 years if the application under this Act is made within one year after they ceased to live together and, for the purposes of this Act, the marriage-like relationship may be between persons of the same gender,
(c) applies for an order under this Act within 2 years of the making of an order
(i) for dissolution of the person's marriage,
(ii) for judicial separation, or
(iii) declaring the person's marriage to be null and void, or
(d) is a former spouse for the purpose of proceedings to enforce or vary an order.
The definition specifically excludes spouses in common law and same sex relationships from the operation of the Parts dealing with the division of family property (Part 5) and the division of pensions (Part 6).
5. Agreements
While Parts 5 and 6 do not automatically apply to unmarried spouses, s. 120.1 of the FRA (also added by the FRAA 1997) allows persons in a common law or a same sex relationship to opt into Parts 5 and 6 of the FRA:
Property agreements
120.1 (1) If spouses who are not married to each other make an agreement, Parts 5 and 6 apply to
(a) the agreement, and
(b) if covered by the agreement,
(i) an annuity,
(ii) a pension or an interest in a pension plan,
(iii) a home ownership savings plan, or
(iv) property not described in subparagraphs (i) to (iii).
(2) In this section:
"agreement" means an agreement that would be
(a) a marriage agreement for the purposes of Part 5 if the spouses were married to each other or
(b) a separation agreement if the spouses were married to each other or separated after marriage;
"property" means property of a spouse that would be a family asset under Part 5 if the spouses were married to each other.
(3) In applying Part 5 or 6 for the purpose of this section, a reference to "marriage" in Part 5 or 6 must be deemed to be a reference to a marriage-like relationship between the spouses who are not married to each other.
The ambit of this section was recently considered by the B.C. Court of Appeal, which held that any agreement made between unmarried spouses, even one that specifically provides that Parts 5 and 6 do not apply to their relationship or property, and which was made well before the section came into force, may qualify as a s. 120.1 agreement: Johnstone v. Wright (2002), 29 R.F.L. (5th) 335, 2002 BCCA 406. The consequences of this decision may prove to be very far reaching, and may result in discouraging unmarried persons from making agreements about their relationship, since the very act of making the agreement may confer rights and obligations that are inconsistent with the agreement itself, and which would not exist in the absence of the agreement.
Where, however, the parties expressly wish to opt-in to the operation of Part 5 and 6, s. 120.1 is very useful. It means, for example, that if at the end of a relationship the parties recognize that one spouse is entitled under principles of constructive trust to an interest in the other spouse's pension, they do not require a court order to that effect, because a pension plan may rely upon their agreement that Part 6 applies.
6. Definition of "spouse" under the Income Tax Act
The division of pensions between a married couple is, for the most part, tax neutral, because there is a roll-over of the member's pension into the hands of the spouse. The member will not be taxed on the part of the pension that is transferred. The spouse will be taxed when the amount transferred is used to generate an income stream. Such a roll-over is also available to unmarried spouses, but with respect to unmarried same sex relationships, that has only been the case since 2001 (see Bill C-23: Modernization of Benefits and Obligations Act).
D. Plans Subject to Part 6 of the FRA
1. "Local Plans"
Part 6 of the FRA applies to "local plans," a defined term meaning one of the following:(S. 70)
(a) a plan that is established by the government;
(b) a plan that must be registered under the Pension Benefits Standards Act;
(c) a plan that is subject to this Part [i.e., it is subject to B.C. law concerning the division of family property and, therefor, subject to Part 6 of the FRA concerning the mechanics of dividing a pension]
(i) by of the terms of the plan
(ii) by the operation of legislation that regulates the plan, or
(iii) by reason of a reciprocal agreement under the Pension Benefits Standards Act.
See Table 2 in this section of the binder. The following are local plans:
(1) any B.C. public plan (para. (a) of the definition)
(2) any plan with members employed in B.C. (para (b) of the definition). A plan is required to register in the province in which the majority of its members are employed. If the majority of a plan's members are employed in B.C., it must be registered under the B.C. PBSA (a list of plans registered in B.C. is set out in an Appendix to these materials). Even plans with a majority of members employed in another province "must," if they have B.C. members, be registered under the B.C. PBSA. As a matter of agreement, however, plans registered in the province in which the majority of its members are employed are typically given an exemption from this requirement. The exemption simplifies matters for a plan, which is required to abide by only the regulatory standards regarding pensions of the province in which it is registered. The exemption does not apply to other legislation, such as legislation governing the division of family property on marriage breakdown. If, for example, the member earned a pension while working in B.C., but the plan is registered in another province, it is a "local plan."
(3) any occupational plan governed by the federal Pension Benefits Standards Act, 1985, S.C. 1986, c. 40, where the member accrued pension entitlement while employed in B.C. (para. (c)(ii)). A list of plans registered under the federal PBSA is set out in an Appendix to these materials. The federal PBSA incorporates provincial pension division legislation by reference. Ss. 25(2) and (3) provide:
25.(2) Subject to this section, pension benefits, pension benefit credits and any other benefits under a pension plan shall, on divorce, annulment or separation, be subject to the applicable provincial property law.
(3) A pension benefit, pension benefit credit or other benefit under a pension plan that is subject to provincial property law pursuant to this section is not subject to the provisions of this Act relating to the valuation or distribution of pension benefits, pension benefit credits or other benefits under a pension plan, as the case may be.
As mentioned, however, not all federally regulated private plans have accepted that the provincial legislation applies to them. Typically, these are plans that adopted a method of pension division before the FRA amendments came into force. The question has not been litigated. In most cases, the method of pension division the plan is prepared to accept places a lower value on the spouse's share than would the FRA rules.
Also as mentioned, federal public plans (e.g., pensions for the armed services, the RCMP or the public service) are divided in accordance with the federal Pension Benefits Division Act and do not qualify as "local plans." (see, e.g., Baker v. Baker (1998), 34 R.F.L. (4th) 364 (BCSC))
2. Extraprovincial Plans
Plans not subject to the pension division rules under Part 6 are called "extraprovincial plans." Part 6 provides that extraprovincial plans are divided in accordance with rules that govern the plan in its home jurisdiction. If there are no pension division rules, or if they are unfair by reference to standards accepted in B.C., the pension can be divided by a benefit split (i.e., the spouse's share of each monthly payment is paid directly to the spouse, after making the necessary withholdings for taxes--basically what is referred to as a Rutherford Order) (s. 77).
Part 6 provides that the benefit split will be administered by the plan but, if the plan is located outside the province, that arrangement may be difficult to enforce and, as a practical matter, responsibility for dividing the pension may fall on the member.
A common mistake under Part 6 of the FRA is to assume that any plan located outside the province is an extraprovincial plan. Many, although not all, plans located outside the province, even those registered in other provinces, or subject to federal legislation, will, nevertheless, qualify as local plans.
"Local plan" is defined to mean registered pension plans that are subject to B.C. law, which includes plans that are located outside B.C. "Extraprovincial plan" is defined as "a plan that is not a local plan." The term is used to refer to
(a) non-registered plans that provide periodic benefits, such as supplementary pension plans, and long term disability plans, which may be located in B.C.,
as well as
(b) registered plans that are subject to the law of another jurisdiction--because benefits accrued from service outside B.C., or the plans are subject to federal law--such as federal public sector plans (see, e.g., Baker v. Baker (1998), 34 R.F.L. (4th) 364 (BCSC)) and CPP benefits (see, e.g., Coulter v. Coulter (1998), 60 B.C.L.R. (3d) 6 (BCCA)).
(See Table 2 that sets out in graphic form how to distinguish between local plans and extraprovincial plans).
Some examples of extraprovincial plans:
(1) A plan registered outside the province that has no B.C. members, where the member earned all pension entitlement in employment outside the province.
(2) A plan located in another country.
Most cases involving extraprovincial plans will involve a spouse and member who moved to B.C. after the member retired.
3. "Top up" or Supplemental Plans
The Income Tax Act places a limit on the amount of a pension that can be paid from a registered pension. In order to exceed that limit, some companies provide high income earners with a "top up" or supplemental pension plan ("SPP"). An SPP is not registered under the Income Tax Act.
At one time, these plans were relatively rare. The Income Tax Act thresholds, however, have not kept pace with inflation and it is quite common to find that a member is entitled to benefits under a registered plan as well as under a supplementary plan. For federal public servants and for British Columbia public servants, the supplementary part of the pension is automatically divided under the relevant legislation. In other cases, it is sometimes difficult to discover a supplementary plan. Requests to the plan for information may not disclose the SPP if, for example, it is set up and operated by the employer, and a different party is the fund holder. If a party has an interest in an SPP, a copy of the plan text should be reviewed to identify the benefits available under it. Some kinds of SPP, for example, are directly integrated with the registered plan and simply pay the amount that exceeds the ITA maximum for registered plans. Other SPPs take the form of a defined contribution plan, and provide for increased benefits (through indexing, for example).
E. Basic Models of Pension Division under Part 6
These are the basic models for dividing a pension:
1. Matured pensions
If the member has retired, the pension is called a "matured pension." If the member has not yet retired, the pension is "unmatured." (The terms "matured" and "matured pension" are defined in FRA s. 70 (1)).
A matured pension is divided by a benefit split administered by the plan (i.e., the spouse's share of each monthly payment is paid directly to the spouse, after making the necessary withholdings for taxes. The pension itself is not divided. It is the income stream--the monthly payments-- that are divided. Basically, the plan is required to administer a Rutherford-type of pension division). The spouse becomes a "limited member"of the plan.
2. Unmatured pension in a defined contribution plan
An unmatured pension in a defined contribution plan is divided by transferring the spouse's share, on marriage breakdown, to another pension vehicle. (FRA, s. 73)
3. Unmatured pension in a defined benefit plan
An unmatured pension in a defined benefit plan is divided by making the spouse a limited member of the plan. The limited member can
(a) wait until the member retires and receive a separate pension, or
(b) not wait, and direct the plan at any time after a member becomes eligible to retire to transfer the limited member's share to another pension vehicle, such as an RRSP. (s. 74)
The methods of pension division under Part 6 are discussed in more detail later in this materials: see: Detailed Discussion of Pension Division under Part 6 of the Family Relations Act.
4. Supplemental or top-up plan
A supplemental pension plan to a local plan or extraprovincial plan is divided in the same way as an extraprovincial plan--by a plan-administered benefit split (i.e., the spouse's share of each monthly payment is paid directly to the spouse by the plan, after making the necessary withholdings for taxes) (see the definition of "extraprovincial plan": FRA, s. 70(1)). An alternative is to obtain a court order, under s. 75.1 of the FRA, that the supplemental pension will be divided by providing the spouse with a separate pension payable for the spouse's lifetime when the member retires, determined in the same manner as the separate pension option available for unmatured pensions in defined benefit plans (the lump sum transfer option is not available because in most cases the supplemental benefit is unfunded). The advantage of the separate pension approach is that the spouse's share lasts for the spouse's lifetime. Under the plan-administered benefit split, in contrast, in most cases the pension will terminate when the member dies.
If the pension is supplemental to a pension in a local plan, there would be no difficulties enforcing the requirement that the plan administer the benefit split.
F. Spouse's Entitlement to Information From the Plan
Up to 1995, a plan's fiduciary obligation to the plan member meant that a plan could not provide information to a spouse about a member's pension without the member's permission. Moreover, a plan could not advise a spouse about events taking place that might prejudice the spouse's interest in the pension. For example, a plan could not advise a spouse that the member had left employment and directed the plan to transfer the pension to another plan outside of the province, even though the transfer would undoubtedly make it more difficult for the spouse to assert rights to the pension.
Part 6 addresses these two issues. It provides that once a spouse sends the appropriate form (Form 1: Claim of Spouse to Interest in Member's Pension) the spouse is entitled to
(1) information from the plan about the member's pension, (s. 82, Reg. 14) and
(2) 30 days advance notice of any transaction relating to the member's interest in the pension. (Reg. 15).
While there is no doubt that plans registered in B.C. must comply with a Form 1 request for information (and observe the other requirements imposed by a Form 1), not all plans subject to B.C. pension division legislation by operation of the federal PBSA regard themselves as bound by a Form 1. For those plans, it will still be necessary to obtain the member's written consent to receive information directly from the plan. Those federally regulated plans, however, that disregard the Form 1 notice requirements may well be placing themselves in jeopardy.
Form 1 does not request the plan to divide the pension. The pension may end up being divided without the plan's involvement at all (e.g., by transferring other property to satisfy the spouse's share).
Form 1 places the plan on notice that the spouse is claiming an interest. Filing a Form 1 is like filing a lien against the pension or like obtaining an injunction.
Form 1 is effective if pension funds are still held by the plan administrator. If they have been transferred from the plan, however, then it will be necessary to obtain a restraining order and serve it properly. In Sauer v. Dunnaway (1997), 41 B.C.L.R. (3d) 367 (BCSC), the member had previously had pension funds transferred to an RRSP. A restraining order was served on the employer, who advised that it no longer held the pension funds. A further restraining order was obtained against the bank holding the RRSP, but this was not properly served. The lawyer was responsible for compensating the client for loss arising when the RRSP funds were removed by the member.
If there is an order or agreement dividing the pension, this should be served on the plan promptly. In the absence of a restraining order, a Form 1, or service of the order or agreement, the plan's obligations are to the member and not to protect the interests of the spouse: Chaisson v. Chaisson (1997), 33 R.F.L. (4th) 205 (Ont. Gen. Div.). See further, in these materials, "Protecting the Client's Position with Respect to Pension Entitlement".
A Form 1 is usually issued before there is a separation agreement or court order dividing the pension. Some plans, unfamiliar with the legislation, want some proof of the spouse's interest in the pension. But the whole point of the Form 1 is that the spouse is claiming an interest. Under PBSA, s. 65, a plan may require evidence from a person claiming to be entitled to an interest in a pension. In this respect, consequently, it would be open to the plan administrator to request proof of the person's relationship to the member (by, for example, producing a certified copy of the marriage certificate). But the plan is entitled to rely upon the Form 1, provided it is apparently valid (FRA, s. 85).
Some plans request payment of an administrative fee if information is requested. Part 6 sets limits on what can be charged as an administrative fee (Pension Division Regulation, para. 13). Administrative fees, however, are not chargeable until the plan is actually asked to take a step in dividing the pension (FRA, s. 81 provides that the prescribed amount is "to offset administrative costs incurred by the plan in satisfying the share of the spouse under this Part.")
The plan is required to provide information that will allow the spouse to value the pension (see Pension Division Regulation, para. 14). There is no obligation on a plan to provide a value (although federal public sector plans subject to the Pension Benefits Division Act will provide a statement concerning the maximum amount transferrable to a spouse: see the discussion later in these materials about the PBDA).
When it comes time to transfer the spouse's share, the plan will have to do its own valuation at it's own expense.
Some plans will provide a valuation. Usually the valuation is based on the assumption that the member terminated employment, placing the lowest possible value on the pension entitlement, often significantly less than the value the spouse is entitled to under Part 6.
VI. Useful resources:
The following are useful resources of information on pension division:
Q & A About Pension Division on Marriage Breakdown in British Columbia (2nd ed., 2001). Copies may be purchased from the British Columbia Law Institute: (604) 822-0142, and are also available on CD-Rom, or on-line at www.bcli.org.
Family Law Agreements - Annotated Precedents (CLE) - for precedents for drafting agreements (and other legal documents) relating to pension division.
Family Law Sourcebook (CLE) - for a discussion of legal principles that apply to pensions and pension division issues.
Family Law Practice Manual (CLE) - for precedents for drafting orders relating to pension division.
Useful pension materials are also located on the internet:
1. see my website: www.pensionlaw.PensionSite.com, and
2. the website hosted by the British Columbia Law Institute: www.bcli.org
VII. Detailed Discussion of Pension Division
under Part 6 of the Family Relations Act: Introduction
The balance of these materials provides a detailed look at Part 6 of the FRA.
Pension division under Part 6 of the FRA makes distinctions based on whether
(1) the pension is in a local plan or an extraprovincial plan
(2) the pension is in a defined contribution plan or a defined benefit plan, and
(3) the member has retired by the time the pension is being divided.
VIII. Tables
Tables set out in a separate section of this binder summarize in graphic form much of the information set out below: see
Table 1: Dividing a "Local Plan" and Dividing an "Extraprovincial Plan"
Table 2: Deciding Whether a Pension is in a Local or Extraprovincial Plan
Table 3: Canadian Pension Division Legislation
IX. Dividing a Pension in a Local Plan
A. Matured Pension
1. Meaning of "matured"
A pension is "matured" if the member has retired.
2. Division of a matured pension
Whatever kind of plan the pension is in, if marriage breakdown takes place after the member retires (so that the pension is "matured"),
(1) the pension is divided by a benefit split administered by the plan, (s. 76) (each month the plan pays part of the member's pension to the spouse).
(2) the spouse is registered with the plan (as a "limited member") (s. 72)
(3) a limited member is entitled to a share of any benefit (including a postretirement survivor benefit) paid under the pension until the limited member dies, or the pension terminates. (If there is a survivorship benefit payable when the member dies, the pension does not terminate until the survivorship benefit terminates.)
(4) the plan is required to send the member and the limited member separate cheques, and is required to make separate source deductions.
The limited member is entitled to a "proportionate share" of any benefit paid under the pension.
3. Determining the limited member's "proportionate share"
The Pension Division Regulation sets out how to determine the proportionate share. (Regulation 6(1)and (2)).
This is the formula:
proportionate share = ½ (A/B)
where
A = the pensionable service accumulated by the member from the date of marriage to the entitlement date for the spouse, excluding any pensionable service for that period purchased by and credited to the member after that entitlement date;
B = the total pensionable service accumulated by the member to (the date that the spouse receives (or begins to receive) a share).
4. Meaning of "entitlement date"
"Entitlement date" is defined in Reg. 1 to mean "in relation to a spouse, the date on which the spouse became entitled to an interest in family assets in accordance with section 56(1)," and therefore is determined by the first of the following events to occur:
(a) the court makes a declaration under s. 57 of the Family Relations Act that the spouses have no reasonable prospect of reconciliation,
(b) the parties make a separation agreement, or
(c) the court makes an order of nullity or divorce.
These are sometimes referred to as "triggering events" because they operate to vest an interest in family assets in each of the spouses.
In a recent case involving a matured pension, the member retired in 1996, but the spouse argued that the proportionate share must be determined by reference to the first triggering event, which was the divorce order made in 2002. The argument that the entitlement date included any period after the member retired was, however, rejected. The formula in the Regulation measures "pensionable service" accumulated by the member during defined periods. Because additional pensionable service cannot be accumulated after the member retires, the wife's entitlement date for determining her share of a matured pension is capped by reference to the date the member retires: Margetish v. Margetish, 2002 BCSC 1177
The entitlement date is used to determine the spouse's proportionate share of a pension. But the proportionate share may be changed by the agreement of the spouse and member, or a court order, and one way of doing that would be to select another entitlement date. (S. 80(1)(a))
Another way would be for the agreement or order to set out a different formula or fraction.
5. If there is an agreement or order about the "proportionate share"
If the agreement or court order is silent about the proportionate share, the default rules under para. 6 of the Regulation apply. If there is an agreement between the spouse and member setting out a different formula, however, that would override the default rules. Similarly, if there is a court order setting out the formula, that would be the proportionate share (see s. 80, and see the definition of "proportionate share in s. 70)
6. Pre-marriage accruals
Pre-marriage entitlement is not divided under the basic formula (but the spouse and member may agree, or the court may order, that it be divided).
Case law suggests some situations in which pre-marriage accruals should be divided:
- if there is a long marriage during which most of the pension accrued.
- if the spouse brings assets into the marriage that are divided equally.
- if the spouse requires economic self-sufficiency (i.e., if the spouse doesn't get an equal share of the pension, the member will have to pay maintenance).
- if most of a long marriage extended into the period of retirement and therefore was not taken into account by the formula.
See further the materials on "Pre-Marriage Accruals" in Selected Pension Issues.
7. Example (matured defined benefit plan)
Member (who is 30) enters plan in 1970
Member and spouse marry in 1975
Member retires and elects a
60 per cent survivorship option on
the spouse's life. The pension pays $1000/mo.
On the death of either the member, the
pension reduces to $600. 2005
Marriage breakdown 2008
The spouse is entitled to ½ (30/35) of the pension (42.86 per cent). The spouse would, by filing the appropriate forms, become a limited member of the plan and be entitled to receive from the plan $428.60/mo. (less deductions for income tax). The member would receive a separate cheque for $572.40/mo. If the member dies first, the spouse's monthly cheque would increase to $600/mo. (S. 76(2) provides that if the spouse has been designated the beneficiary of the survivorship benefit, the spouse is not limited to a proportionate share of it, but receives the entire amount). If the spouse dies first, the member becomes entitled to the whole of the pension ($1000/mo.)
Note: the examples, for simplicity, base the calculations on years, but the Regulations require pensionable service to be calculated in months or parts of months: (Reg. 1)
B. Unmatured Pension in a Defined Contribution Plan
1. Division of an unmatured pension in a defined contribution plan
An unmatured pension in a defined contribution plan is divided by an account split. On marriage breakdown, a share of the pension account is transferred to the credit of the spouse to a prescribed pension vehicle, such as an RRSP (usually on a locked-in basis--which means that it cannot be simply withdrawn, but must be used to produce a retirement income). (s. 73, Reg. 9)
This method of division is available only for an unmatured pension in a defined contribution plan. An unmatured pension in a defined benefit plan is divided by another type of account split, but the division does not take place on marriage breakdown. The division is deferred.
2. Determining the spouse's share
The regulations set out how to determine the spouse's share. (Regulation 9). It is not based on a fraction, like the division of a matured pension or the division of an unmatured pension in a defined benefit plan.
The formula used to determine the spouse's share is:
½ (A-B)
where
A = the total of
(a) the contributions to the plan to the credit of the member on the entitlement date for the spouse, and
(b) the net investment returns allocated, or that are to be allocated, in respect of those contributions to the date the spouse's share is transferred from the plan;
B = the total of
(a) the contributions, if any, to the credit of the member on the date of marriage for the member and spouse, and
(b) the net investment returns allocated, or that are to be allocated, in respect of those contributions to the date the spouse's share is transferred by the plan.
It is convenient to think of the formula as providing for
[value at marriage breakdown] minus [value at date of marriage],
except that the member keeps all investment returns on pre-marriage contributions.
C. Unmatured Pension in a Defined Benefit Plan
1. Division of an unmatured pension in a defined benefit plan
An unmatured pension in a defined benefit plan is divided by a deferred account split, under which
(1) the spouse is registered with the plan as a limited member (ss. 72, 74)
(2) the limited member is given a choice about how the pension is to be divided (s. 74)
(a) the limited member can wait until the member retires and receive a separate pension (s. 74(b)). The member's pension is divided into two separate accounts, one for the member and one for the spouse. Each share is now entirely separate from the other and each spouse can make decisions about the pension that are in their respective best interests.
(b) or the limited member can choose not to wait, and can direct the plan to transfer a proportionate share of the commuted value of the pension at any time after the member becomes eligible to retire. (s. 74(a)). The plan calculates a lump sum that represents the present value of the future stream of payments (the "commuted value"). The spouse is credited with a proportionate share of the commuted value. It is transferred to the credit of the spouse in another pension vehicle such as, e.g., to an RRSP for the spouse (usually on a locked-in basis, which means that it cannot be simply withdrawn, but must be used to produce a retirement income).
2. The election to transfer the commuted value from the plan
The reason the spouse is given an election between taking a transfer of the commuted value and waiting for a separate pension is because, in many cases, the overall value of the pension is greater the earlier the retirement date. Members don't usually wish to take an early retirement date, however, because the income they make more than compensates for any loss in overall value that results from deferring retirement. A decision to postpone retirement, consequently, would prejudice the interests of the spouse unless the spouse is able to elect to take a transfer of the commuted value of the pension.
Part 6 specifically defers the transfer until the member becomes eligible to retire.(S. 74 (a)) The plan, however, may be willing to make the transfer at an earlier time (the terms of some plans allow for this). The spouse cannot be forced to accept a transfer before the member becomes eligible to retire, but the spouse may agree to do so.(S.80(4))
The Pension Division Regulation, para. 11 sets out some rules for calculating a transfer value in this situation. The valuation must make reasonable allowance for projected increases in the value of the pension. Most plans prepared to make an immediate transfer, however, are structured to value the transfer on the assumption the member terminates employment immediately. If the spouse has doubts, an actuarial opinion must be sought.
Most provinces that have pension division legislation provide for a transfer of the spouse's share on marriage breakdown (such as Alberta, Manitoba and Saskatchewan). The value placed on the spouse's share is much lower than the value the pension will probably eventually have because it is based on the assumption that the member leaves employment on the transfer date. This approach to valuation is known as the "termination method."
An immediate transfer at a low value does not benefit a spouse, particularly when the transfer is locked-in until the spouse reaches a retirement age (i.e., the spouse is going to have to wait a period of years to be able to use the money in any event). By deferring the transfer date, in most cases the B.C. method places a significantly higher (and fairer) value on the spouse's share of the pension.
3. Determining the limited member's proportionate share
The limited member is entitled to a "proportionate share" of any benefit paid under the pension.
The Regulation sets out how to determine the proportionate share.(Regulation 6(1)and (2))
It is the same formula as for a matured pension.
4. Example (unmatured defined benefit plan):
electing to transfer the share from the plan
Member (who is 30) enters plan in 1970
Member and spouse marry in 1975
Marriage breakdown 1992
Spouse elects to receive transfer
when member reaches age 61 2001
The spouse is entitled to ½ (17/31) of the pension (27.4 per cent, or slightly more than 1/4 of it). The plan will calculate a lump sum representing the present value of the future stream of payments of a pension (the "commuted value") based on the member retiring at age 61. 27.4 per cent of the commuted value would be transferred at that time to the credit of the spouse in another pension vehicle such as, e.g., to an RRSP. (The member's share of the pension is adjusted by reducing service by half of service accrued during marriage or, in this case, 8.5 years: Reg. 8. This is the service that has been credited to the spouse to determine the spouse's share.)
The examples, for simplicity, base the calculations on years, but the Regulation requires pensionable service to be calculated in months or parts of months (Reg. 1).
5. Example (unmatured defined benefit plan):
waiting for a separate pension
Member (who is 30) enters plan in 1970
Member and spouse marry in 1975
Marriage breakdown 1995
Spouse waits until member retires 2005
The spouse is entitled to ½ (20/35) of the pension (28.6 per cent). The spouse is entitled to a separate pension (S. 74(b)). The plan must provide the spouse with a pension based on: (Reg. 10(a))
(1) 28.6 per cent of the pension the member would have received had there been no division of the pension and the member elected a pension in the unadjusted normal form provided under the plan. (If the normal form is based on a guaranteed period, e.g., that would be included.)
(2) the spouse is entitled to the pension based on the spouse's single life or in another form (or forms) allowed by the plan for members (Reg. 10(b))
(3) whatever form the spouse's pension takes, it is adjusted to reflect the option elected, as well as the difference in life expectancy between the spouse and the member.(Reg. 10(c))
The adjustment is made on actuarial principles. It protects the plan. Whatever form is elected, the plan will, on average, over all, pay out the same amount to the spouse.
(4) the member's share of the pension is adjusted by reducing service by half of service accrued during marriage or, in the example, 10 years: Reg. 8. This is half of the service credited to the spouse to determine the spouse's share.
The method of dividing an unmatured pension in a defined benefit plan is deferred. In some cases (e.g., where the member dies before reaching a retirement age) the spouse's share may not be satisfied in either of the mentioned ways. Part 6 of the FRA sets out rules for satisfying the spouse's pension depending on the events that occur. See, below, "Rights of a Limited Member."
D. Unmatured Pension in a Hybrid Plan
1. Division of an unmatured pension in a Hybrid Plan
A hybrid plan is a plan under which
(1) some benefits, but not all of the benefits, are determined as if the plan were a defined contribution plan, and
(2) some benefits, but not all of the benefits, are determined by a defined benefit formula. (S. 70)
An unmatured pension (i.e., the member has not yet retired) in a hybrid plan is divided
(1) by dividing the portion that is a defined contribution plan using the same principles that apply to a defined contribution plan, and
(2) by dividing the remainder using the principles that apply to a defined benefit plan (s. 75).
To divide the portion of the unmatured pension in the hybrid plan that is based on defined contribution principles, see the discussion above on unmatured defined contribution plans.
To divide the portion of the unmatured pension in the hybrid plan that is based on defined benefit principles, see the discussion above on unmatured pensions in defined benefit plans.
2. Division with Plan consent
A spouse may elect, with the consent of the plan administrator, to have a pension in a hybrid plan divided as if it were in a defined benefit plan (FRA, s. 75(2)).
Administrators of hybrid plans are sometimes prepared to consent to this arrangement because it will reduce the administrative costs of division. Such an arrangement could have been made between the administrator and the spouse without the enactment of legislation, but it is convenient to have the option specifically listed.
E. If the Method of Division is Inappropriate
If the method of division provided under Part 6 is inappropriate because of the terms of the plan, the Supreme Court may make an order binding on the plan requiring another method of pension division. (FRA, s. 75.1.) Note, however, that there must be a specific finding that the usual rules under Part 6 are inappropriate because of some special feature of the terms of the plan. It is not a jurisdiction to depart from the legislative rules simply because the parties would prefer some other method of pension division.
S. 75.1 was designed to ensure that the court retained a jurisdiction to deal with unexpected provisions in pension plans. As yet, while the section has been referred to in several B.C. decisions, I am unaware of any reported decision in which the court has actually exercised the jurisdiction conferred by this section.
X. Dividing a Pension in an Extraprovincial Plan
An extraprovincial plan is a plan that is not a "local plan." (s. 70)
In most cases, a matured or unmatured pension in an extraprovincial plan will be divided by a benefit split administered by the plan. The spouse is entitled to receive from the plan a share of any benefit (including a preretirement or postretirement survivor benefit) paid under the pension until the spouse dies, or the pension terminates.
If there is a survivorship benefit payable when the member dies, the pension does not terminate until the survivorship benefit terminates. The spouse is entitled to a proportionate share of any benefit paid under the pension, including a preretirement or postretirement survivor benefit. Any person who receives a share to which the spouse is entitled holds the share in trust for the spouse. (s. 83) However, where the recipient is located outside B.C., there may be difficulties enforcing the spouse's rights.
Legislation governing the plan may provide for, or the plan's terms may offer, a superior method of dividing the pension. (S. 77(3)).
If the plan is located outside the province, there may be difficulties enforcing the plan's obligation to administer the pension division, in which case, the obligation must be met by the member. In this respect, it is significant that s. 77(1) designates the member to be a "trustee of the proportionate share of benefits for the spouse." This ensures that enforcement machinery is available if the member fails to faithfully administer the benefit split of an extraprovincial pension. The spouse would be entitled to require the member to pay to the spouse a "proportionate share" of any benefit paid under the pension.
The Regulation sets out how to determine the proportionate share.(Regulation 6(1)and (2)) It is based on Rutherford principles.
It is the same formula as for a matured pension in a local plan and for an unmatured pension in a local defined benefit plan.
Many problems arose under Rutherford-type agreements or orders because the member retired making elections that did not adequately protect the spouse (i.e., typically, the member will make an election for a pension that will not continue for the spouse's lifetime). The risk of these problems continues when dividing pensions in extraprovincial plans. Certainly, if the agreement or order provides that
- the member is a trustee, or
- that the member must first obtain the spouse's consent, or
- the member must first provide notice to the spouse of the intention to retire
all of which are relatively common terms-then there are avenues available to provide some remedy to the spouse. But available remedies are often not adequate substitute for the member having made an appropriate election which ensures that the spouse will have lifetime pension income.
For this reason, consider
(a) adding a term to the agreement or order dividing the pension in the extraprovincial plan stipulating that the plan may not accept the member's election to retire without first obtaining the spouse's written consent to the form of pension selected, and
(b) when delivering the agreement or order to the plan, specifically directing the plan to the requirement for the spouse's consent.
XI. The Rights of a Limited Member
A. Generally
When the pension being divided is
- matured in a local plan, or
- unmatured in a local plan that is a defined benefit plan,
the method of division requires the spouse to be designated a "limited member" of the plan.
A limited member has a number of rights (FRA, s. 72(2)):
(1) the right to receive from the plan direct payment of a separate pension or a proportionate share of benefits paid under the pension, as the case may be, as determined under Part 6 of the FRA.
(2) the right to enforce rights against the plan and recover damages for losses suffered as a result of a breach of a duty owed by the plan to the limited member.
(3) except as modified by Part 6 of the FRA, all of the rights of a member under the PBSA.
(4) the right to receive directly from the plan information about the member's pension and the spouse's share in it. (s. 82; Reg. 14)
(5) the right, if the member terminates employment before reaching a retirement age, to require a proportionate share of the commuted value of the pension to be transferred from the plan to the credit of the limited member (s. 74(a)).
Examples of rights a limited member doesn't have include:
- no right to vote concerning amendments in the plan.
- no right to purchase additional pension entitlement offered to members.
It is also important to recognize the difference between a pension and other kinds of employment benefits, even if they are typically provided in an integrated package. A limited member would not, for example, be entitled to group benefits members are entitled to by virtue of being employees, such as a group life insurance plan or medical and dental benefits.
B. Rights of a Spouse Under the Former Law
The rights granted the limited member represent quite a change over the previous law. Under the old law, the plan could not provide information to the spouse without the consent of the member. And the plan was not compelled to recognize the spouse or the spouse's interest in the member's pension.
C. The Spouse's Rights When the Member Dies
Before Reaching a Retirement Age
When the pension being divided is an unmatured pension in a local defined benefit plan, the division is essentially deferred until the member retires (or reaches a retirement age). But some events may take place before either of those times. The member may leave employment and request a transfer of the pension to another plan. The member may die before retiring. The spouse may die before the member.
Part 6 addresses all of these situations. This section discusses the issues that arise when the member or spouse dies. See the next section for information about issues that arise when a member terminates employment before retiring.
1. If the Member Dies Before the Limited Member Receives a Share
If the member dies before the limited member receives a share of the pension, the limited member is entitled to a share of any death benefit payable by the plan (s. 78(1)).
The B.C. PBSA and the FRA refer to a death benefit as a "preretirement survivor benefit." The spouse is entitled to a "proportionate share" of any preretirement survivor benefit payable under the member's pension.
2. Determining the Proportionate Share of a Death Benefit
The proportionate share of a preretirement survivor benefit is determined by this formula (Reg. 6(3)):
Proportionate Share = A/B
where
A = the pensionable service accumulated by the member from the date of marriage to the entitlement date for the spouse, excluding any pensionable service for that period purchased by and credited to the member after that entitlement date;
B = the total pensionable service accumulated by the member to the date of the member's death.
As mentioned above, a different proportionate share is used to determine the spouse's share of other kinds of benefits paid under the plan. That formula is (½)x(A/B).
3. Why a Different Proportionate Share is Used for the Death Benefit
The formula A/B is a method of identifying the part of the pension that accrues during the marriage. The general formula divides this part of the pension equally between spouse and member: each gets half. That is why the general formula--discussed earlier--is (½)x(A/B). The death benefit paid under a plan is typically reduced because it will be used to support only one person. The proportionate share for the death benefit, consequently, gives all of the portion of the death benefit attributable to the marriage to the limited member. In this way, the surviving former spouse will usually receive close to the same value that would have been received had the member survived.
If, under the terms of the plan, the death benefit is not reduced, then the agreement or court order should provide for a different division of the death benefit. Death benefits under a defined contribution plan or a hybrid plan, for example, may be based on total contributions made to the plan, in which the case the death benefit may equal or almost equal the value of the retirement benefit.
4. Death benefits under provincial public plans
Preretirement survivor benefits payable under the provincial public service plans were once paid in a reduced amount. In 2000, however, this was changed. Now, after the member has been in the plan for a sufficient period of time, the death benefit is determined by reference to 100% of the commuted value of the pension before the member died. Therefore, typically the agreement or court order dividing death benefits payable under a provincial public service plan should use the formula (½)x(A/B) for determining the surviving former spouse's share.
5. Death benefits under federally regulated plans
While s. 34 of the B.C. PBSA provides that a minimum death benefit must be paid by a plan if a member dies before retirement (at least 60% of the commuted value of benefits accruing after 1993, plus contributions made before that date together with interest), the federal PBSA sets the minimum death benefit as a refund of contributions plus interest. If the plan does not require members to contribute, then no death benefit may be payable, at least under the terms of the federal PBSA.
When dealing with any federally regulated pension plan, therefore, it is necessary to determine whether the plan is contributory and, if so, whether the death benefit will be sufficient. The spouse must be advised of the situation. Consideration should be given to putting in place alternative arrangements to protect the spouse (such as arranging for life insurance, not always possible or affordable) or electing to receive the share of the pension as soon as possible, even if that option places a low value on the pension benefit.
6. Form of the Death Benefit
The limited member is entitled to a proportionate share of the preretirement survivor benefit in the form of
(a) a separate benefit, or
(b) if the preretirement survivor benefit is in the form of an annuity, a separate pension determined in accordance with the regulation to Part 6. (s. 78(1)).
7. If the Limited Member Dies Before Receiving a Share
If the limited member dies before the member and before receiving a share of the pension, the limited member's share (based on the value of the pension at that time) is paid to the limited member's estate: s. 78(3).
8. No Further Rights to Death Benefit After
Limited Member Receives Share
Once the limited member receives a share of the pension under s. 74 (i.e., a separate pension, or a transfer of a share of the member's pension after the member reaches a retirement age), the limited member is no longer entitled to a further share of benefits under the member's pension (unless the member designated the spouse to be a beneficiary of those benefits). (Ss. 78(2), 72(4))
9. When the Member Dies after Retirement
If the pension being divided was an unmatured pension, (i.e., marriage breakdown occurs before the member retires) then the spouse's share in it will be satisfied no later than when the member retires. After the spouse receives a share, the spouse is entitled to no further share of the member's pension, including a share of a postretirement survivor benefit, unless the member designates the spouse as a beneficiary.
If the pension being divided is a matured pension (i.e., marriage breakdown occurs after the member retires), the pension is divided by a benefit split administered by the plan. The spouse is entitled to a share of each benefit paid under the plan until the spouse dies or the pension terminates.(S. 76(1)). The spouse's rights in this respect depend upon the form of pension selected when the member retired, and the person who is designated as a beneficiary to receive survivorship benefits.
(a) Benefits paid when the member dies after retiring
If a member dies after retirement, then whether a death benefit is payable depends upon the form of pension the member has elected. Benefits payable on the death of a member after retirement are called "postretirement survivor benefits" under the B.C. PBSA and the FRA.
(1) Single life pension
A single life pension is paid only for the member's lifetime. If the member elects a single life pension, no benefits are payable after the member dies.
(2) Guarantee period
If the member elects a form of pension guaranteed to last for a minimum period of time (e.g., 5, 10 or 15 years), then any portion of the guarantee period that remains unexpired at the date of the member's death is still payable to the beneficiary designated by the member.
(3) Joint annuities
If the member elects a joint annuity, then a survivorship benefit is payable to the joint annuitant on the member's death. The survivorship benefit is typically a reduced amount. A joint and 50 per cent survivor pension would pay the survivor 50 per cent of the amount paid during the member's lifetime. A joint and 60 per cent survivor pension would pay the survivor 60 per cent of the member's pension. A joint and 100 per cent survivor pension would pay the survivor the same amount that was paid during the member's lifetime. If the member has a spouse at the date of retirement, both federal and provincial legislation require the member to elect and joint and 60 per cent survivor pension, unless the spouse waives that benefit. In B.C., the form of waiver is prescribed.
(4) Other postretirement survivor benefits
Some plans do not require a member to elect a joint annuity. Under the terms of the plan, a postretirement survivor benefit is payable if there is a person who qualifies as the member's spouse when the member dies.
(b) If the pension is single life
If the pension is payable only for the life of the member, then when the member dies, the pension is terminated. The spouse receives no further share.
Under the PBSA, a married member must elect a 60 per cent joint life and last survivor pension unless the spouse waives that requirement. If a single life pension was selected, it will usually be because there is enough life insurance or other assets that the spouse decided that the security of a survivorship benefit was unnecessary.
(c) If the pension is in the form of a joint annuity
If the pension is in the form of a joint annuity with the limited member, the limited member receives the entire survivor benefit. (S. 76(2)).
Example: the limited member is entitled to 1/4 of the pension benefits. The member has elected a 60 per cent survivor option. The limited member is the beneficiary of the survivorship option. While the member is alive, the monthly payment is $1000. On the death of either the member or the limited member, the monthly payment reduces to $600. While the member is alive, the limited member receives $250 per month. When the member dies, the limited member receives $600 per month (the entire survivorship benefit). If the limited member dies first, the member receives $1000/per month (the amount of the annuity does not reduce on the death of the joint annuitant).
If the joint annuity is with someone other than the limited member, the limited member is entitled to a share of the survivor benefit paid to the designated beneficiary. Typically, the order or agreement will provide that the limited member is entitled to a level amount of retirement income (i.e., the same amount paid during the member's lifetime will be received when the member dies from the survivorship benefit paid to the third party.
Example: the limited member is entitled to ½ of the pension benefits. The member has elected a 60 per cent survivor option. The member has remarried, and spouse2 is the beneficiary of the survivorship option. While the member is alive, the monthly payment is $1000. On the death of either the member or the limited member, the monthly payment reduces to $600. While the member is alive, the limited member receives $500 per month. If the agreement or court order is silent about the limited member's share of the survivorship benefit, the limited member will be entitled to only ½ of it (i.e., $300/mo.). However, the fair arrangement, having regard to the amount of the pension that accrued during the relationship, is to provide the limited member with level income, so that when the member dies, the limited member will continue to receive $500 per month (i.e., 5/6 of the survivorship benefit).
If the member elects a single life pension with a guarantee period, and a portion of the guarantee period is unexpired when the member dies, it is the same result as with the survivor benefit. If the limited member is beneficiary of the guarantee period, the limited member receives all of it. If the limited member is not the beneficiary, the limited member receives a share of it.
(d) If a survivorship benefit is payable to a member's "spouse"
Some plans provide a survivorship benefit only if the member has a "spouse" at the date of the member's death. Usually, a former spouse no longer qualifies as a "spouse" and is ineligible for the benefit.
This structure is typical, for example, of many federal public sector plans. However, the enactment of the Pension Benefits Division Act, which provides for dividing the pensions by the transfer of the spouse's share in a lump sum (before the member's death, or within 18 months of the death) has largely resolved problems for these kinds of plans.
This structure was also once common in many federally regulated occupational plans (e.g., many bank plans were set up this way, as were Air Canada plans). However, the federal PBSA enacted in 1987 provided that, as a minimum standard, a plan must provide a 60% survivor benefit for the person who qualifies as the member's spouse at the date of retirement. Therefore, any private plan that revokes that benefit if spousal status is subsequently lost is non-complying: Smiley v. Ontario (Pension Board) (1994), 4 R.F.L. (4th) 275 (Ont. Gen. Div.). Not all plans have revised their texts appropriately, however. Even Air Canada, which has revised its plan text to provide a 60% survivor benefit payable to the person who qualifies as the member's spouse when the member retires, has retained the 50% survivor benefit option that is revoked if spousal status is lost after the member retires.
In cases where the survivorship benefit is lost because of a subsequent change of status, a Rutherford-type benefit split leaves the former spouse with no security in the event the member dies first and the pension ends. Separate arrangements must be made (for example, life insurance should be put in place, or provisions could be made for support payments from the member's estate).
A lawyer acting for a spouse must determine whether the pension will continue for the spouse's lifetime. If not, the lawyer must make sure the spouse is aware of the limited nature of pension benefits and should explore whether alternative arrangements can be made to protect the spouse.
Plan materials often state that there is a survivorship benefit for the member's "spouse," which sometimes creates a misleading impression. It is important to verify whether or not the benefit remains payable after a "spouse" becomes a "former spouse."
D. When a Member Terminates Employment Before Retiring.
When a member terminates employment, and the pension is "vested," the PBSA gives the member a choice. The member can leave the pension in the plan and eventually claim a pension. Or, the member can direct the plan to transfer the commuted value of the pension to another pension vehicle (an RRSP, e.g., or another plan).
Once the spouse has been designated a limited member, the spouse is protected even if the member directs the plan to transfer the commuted value of the pension out of the province. The plan is required to give the limited member 30 days advance notice of the transaction (Reg. 15). The limited member is entitled to a proportionate share of the commuted value. (S. 72(2), and s. 74(a)). The limited member will have to direct the plan as to where the share should be transferred.
It is not open to the limited member to require the plan to retain the limited member's share. While the legislation allows a spouse to wait until the member retires to claim a separate pension from the plan, in every other case, nothing in the legislation allows a limited member to do anything but claim a proportionate share of any benefit paid out from the plan.
XII. Transferring the Spouse's Share to another Pension Vehicle.
As already mentioned, the spouse is entitled to direct the plan to transfer a share of the pension in two circumstances:
(1) the pension being divided is an unmatured pension in a local defined contribution plan,
(2) the pension being divided is an unmatured pension in a local defined benefit plan and the member has become eligible to retire but has not yet elected to commence payment of the pension.
In either case, the transfer is governed by the Pension Division Regulation, para. 7, which provides that the transfer must be made pursuant to s. 33(2) of the B.C. PBSA. The spouse can have the share transferred to:
(1) a locked-in RRSP,
(2) another pension plan (if that plan consents to accept the transfer), or
(3) an insurance company to purchase an annuity.
The plan can also offer to set up an account for the spouse in the same plan. (Reg. 7(b)). (A plan cannot be required to set up another account for a spouse and retain the share within the plan, but is free to provide that option, if it wishes.)
XIII. Using Locked-in Benefits
A. Meaning of "locked-in"
When benefits are transferred to an RRSP, they are typically "locked-in", which means that the funds cannot simply be withdrawn, but must be used to produce a retirement income. This protects the retirement security of the owner of the funds.
Benefits in an RRSP do not have to be used immediately to generate an income. They can be retained in the RRSP until the owner reaches age 69. At that date, they must be used to produce an income. If the benefits are not locked-in, they can be rolled over into a Registered Retirement Income Fund ("RRIF"). If they are locked-in, then the transfer would be to Life Income Fund ("LIF"). An alternative is to purchase an annuity.
B. Earliest age locked-in funds can be used
There are age requirements under the B.C. PBSA for when locked-in benefits may be used.
A former spouse who receives a share of a pension on marriage breakdown by a transfer to a locked-in RRSP may transfer the funds to a LIF at the earlier of the date when the spouse reaches age 55, or the member could have commenced a pension under the terms of the pension plan (see para. 29 and 30 of the PBSA regulations). In contrast, there are no age restrictions if the transfer is from a plan regulated under the federal PBSA. Moreover, a surviving spouse of a deceased plan member is not subject to an age restriction for using the funds, and can transfer the funds to a LIF at any age.
The maximum annual withdrawal from a LIF is prescribed by the Pension Benefits Standards Regulation and these amounts vary from year to year according to the person's age and prevailing interest rates.
For 2003, the maximum annual withdrawal ranges from 6.45234% of the value of the LIF, for a person who turns 55 during the year, to 11.96160% for a person who turns 80 during the year.
A table of the maximum allowable withdrawals for 2003 is set out in an Appendix to these Materials.
C. Exceptions to the lock-in rules
In B.C., there are a number of exceptions to the lock-in rules.
1. Commutation of Small Amounts
The PBSA requires all pension plans to allow terminating members the option for commutation of small vested benefits. This option, however, applies only to termination of membership from a pension plan, and does not apply to locked-in RRSPs or LIFs.
2. Age 65 and Small Total Amounts
The PBSA entitles a person age 65 or older to unlock pension entitlements if the sum of all that person's entitlements in every pension plan, locked-in RRSP and LIF under British Columbia jurisdiction is less than 40 % of the Year's Maximum Pensionable Earnings ("Y.M.P.E.") as defined under the Canada Pension Plan (40% of Y.M.P.E. = $15,960 in 2003). If so, the owner may transfer the funds to an RRSP that is not locked-in, or receive the funds in cash. Withdrawals, however, would be fully taxable as income for the year in which they are withdrawn. There are prescribed forms under the PBSA for effecting the withdrawal (see PBSA Form 5, "Declaration of Commutable Amount"). If the person has a spouse, a spousal waiver is also required (see PBSA Form 2, "Spouse's Waiver of Entitlements Under a Pension Plan, an RRSP, a Life Annuity or a LIF Contract").
3. Permanent Departure from Canada
A person absent from Canada for 2 or more years, and who qualifies as a non-resident under the Income Tax Act (Canada) may have benefits in a pension plan, RRSP or LIF commuted and paid out in a cash lump sum (see PBSA Form 6, "Certificate of Non-Residency"). If the person has a spouse, again a spousal waiver is required.
4. Commutation for Shortened Life Expectancy
Benefits in a pension plan, RRSP or LIF may also be commuted and cashed out if the person has a physical disability likely to considerably shorten the person's life expectancy. The illness or disability must be certified by a medical practitioner. Again, if the person has a spouse, a spousal waiver is required.
XIV. Arrears
In some cases, pension division arrangements cannot be finalized until after the member has retired and begun receiving monthly payments. In these circumstances, questions arise concerning compensating the spouse for the share of pension payments that have already been made.
As a general rule, the plan is not liable to pay arrears. The spouse's claim is against the member (or, if the member has died, against the member's estate) who may be required to compensate the spouse (see FRA, s. 66(2)(c)): see Wichman v. Reinhard, [1992] B.C.J. No. 1727 (BCSC); O'Malia Estate v. O'Malia, [1997] B.C.J. No. 2931 (BCSC) Edwards J.; Vestrup v. Vestrup, [1999] B.C.J. No. 1057 (BCSC); Leppard v. Leppard, [1991] B.C.J. No. 1053 (BCSC); Irving v. Irving (1988), 17 R.F.L. (3d) 318 (BCSC); and Mitchell v. Mitchell, 2002 BCCA 327. Or the arrears may be taken into consideration when determining a compensation payment for the spouse for waiving a share of the pension: Penner v. Penner (1984), 42 R.F.L. (2d) 402 (BCCA).
Courts, however, have reserved to themselves a jurisdiction (under FRA, s. 65) to
(a) decline to award compensation for arrears if that would be unfair in the circumstances (e.g., because of the quantum that had accumulated and the retired member's financial inability to repay it, or because the funds were used to enhance family assets that are divided) or
(b) provide for their repayment in instalments.
See, e.g., Cunningham v. Cunningham [1991] B.C.J. No. 3542 (BCSC); Parsons v. Parsons, [1991] B.C.J. No. 1039 (BCSC); Schoch v. Schoch, [1989] B.C.J. No. 1422 (BCSC); Robertson v. Robertson, [1988] B.C.J. No. 1341 (BCSC); Drummond v. Drummond, [1987] B.C.J. No. 525 (BCSC); Buckingham v. Buckingham, [1994] B.C.J. No. 2707 (BCSC).
Even if arrears are recoverable from the member, they may not be recoverable for a period during which the retired member was paying support: W.(R.S.) v. W.(A.T.), [1997] B.C.J. No. 3065 (BCSC).
The spouse's delay in applying for pension division is not necessarily a ground for declining to award the spouse a share of arrears: Sherliker v. Sherliker, 2000 BCSC 1757.
XV. Agreements
A. Old Agreements and Court Orders
1. Orders and Agreements made before July 1, 1995
Pension division in B.C. has been available since the enactment of the FRA in 1979. What is the position with orders or agreements dividing a pension made before July 1, 1995, the date Part 6 of the FRA came into force?
2. Requiring the Plan to Administer a Rutherford-type Benefit Split
If the member has already retired, and the pension is being divided by a member-administered benefit split, the spouse can require a local plan to administer the benefit split. (s. 76(4); Form 5.)
The pension remains unchanged, but now the plan, instead of issuing one cheque to the member (who would be required to pay the spouse's share to the spouse) must now issue two cheques, one to the member, one to the spouse, and make separate source deductions for each of them.
3. Agreements to Opt-in to Part 6
If the member has not yet retired, the spouse and member can agree to opt in to Part 6 of the FRA. (s. 80(2).)
Members are often reluctant in these cases to agree to opt in. But usually it is in the member's best interests. Opting in means that the member can make decisions respecting the pension that fit personal needs. E.g., if the member has remarried, the member can take a survivorship option on spouse2.
The spouse benefits by being able to access separate pension entitlement.
4. Template for Bringing Old Orders and Agreements Within Part 6
Part 6 provides a template for bringing the original pension division arrangement into Part 6: (s. 72(2.1)
(2.1) If the spouse and member agree under subsection (2) to divide the pension in accordance with this Part, then, unless the spouse and member otherwise agree, for the purposes of this Part
(a) the original agreement or order dividing the pension applies as if it were made as of the date of the agreement under subsection (2).
(b) despite paragraph (c), subsection (1) or section 75.1, the spouse's proportionate share of the pension is determined by the share or formula set out in the original agreement or order,
(c) the original agreement or order dividing the pension is of no further effect to the extent that it contains provisions that are inconsistent with division under this Part because they
(i) provide for a different method of pension division, or
(ii) are inapplicable because of changed circumstances, and
(d) to the extent that the original agreement or order dividing the pension contains provisions that clarify, supplement or are collateral to division under this Part, those provisions continue in effect.
5. Spouse Can Opt-In Unilaterally if Agreement or Order
Requires Member to Sever Spouse's Interest
Part 6 also provides that if the original order or agreement contains a term that places an obligation on the member to sever the spouse's share from the member's pension (a very common term), that term is conclusively deemed to be an agreement to opt into Part 6 of the FRA:
(2.2) A term in an order or agreement, whenever made, that requires the member to sever, or to assist the spouse in severing, the spouse's share from the member's pension as soon as it becomes possible to do so is conclusively deemed to be an agreement referred to in subsection (2), unless the parties otherwise agree or the court otherwise orders, made as of the date the plan receives notice in the prescribed form under subsection (2).
There are sometimes problems in cases where the formula determining the spouse's share is ambiguous. This is often the situation, for example, when the pension being divided is in a defined contribution plan and a Rutherford formula has been used.
In these cases, the plan will still require the spouse and member's agreement concerning how to determine the spouse's share.
B. Varying the Share of the Pension
Part 6 allows the spouse and member to agree on dividing a pension in different proportions from those set out under the Regulations. (S. 80(1))
C. The 50 per cent Ceiling
An agreement varying the formula for dividing the pension may not give the spouse more than half of the pension. As mentioned earlier, pre-marriage accruals are not automatically divisible between spouses (but the spouses may agree, or the court may order, that they be divided in appropriate circumstances).
The 50 per cent ceiling applies to the entire pension. Consequently, it would not prevent the parties from dividing pre-marriage accruals (s. 80(1)).
It is open to the court to make an order conferring more than 50 per cent of the pension on the spouse (s. 75(2)). The 50 per cent ceiling may also be exceeded by a consent order.
D. Waiver
The legislation allows the spouses to waive a division of pension entitlement. (S. 80(1)(b) and (c)). Part 6 stipulates that if a form of waiver is prescribed, it must be used, but currently no form of waiver is prescribed. (S. 80(5))
A separation agreement that is silent about pension entitlement is deemed to allocate all of the pension to the member (s. 71(3). However, this is subject to the court's jurisdiction to review agreements (under Part 5 of the FRA). A division of property under an agreement that is unfair because it did not divide the pension appropriately--whether there is an express waiver or the agreement is silent--may be reapportioned by dividing the pension: Walker v. Walker (1996), 31 R.F.L. (4th) 63 (BCSC); Thomson v. Thomson, 2002 BCSC 271. In Lawrence v. Lawrence, [1998] B.C.J. No. 1907 (BCSC) Shabbits J. said:
28 The separation agreement is silent as to the pensions. Although the value of the pensions are now the subject of agreement between the parties, when the parties signed the agreement, neither of them knew what their respective pensions were worth.
29 Part 6 of the Family Relations Act relates to division of pension entitlements. Section 71, which is within that part, provides that if a marriage agreement is silent on pension entitlement, but represents a final settlement and separation of the financial affairs of the parties in recognition of the end of their marriage, that for the purposes of section 71(2), the silence is an allocation of the entire pension to the 'member' of the pension. That provision is subject to a review in respect of judicial apportionment on the basis of fairness.
30 I find that, except for the pension entitlements, the agreement entered into between the parties on March 1, 1993, is fair, and ought not to be the subject of an order for judicial reapportionment. ...
33 That leaves then the matter of pension entitlement. As noted, the agreement is silent as to pension entitlement. I am of the view that it is unlikely that the parties intended that the agreement would relate to their respective pensions. If it does, it is unfair, and I would order judicial reapportionment on the basis of fairness. In my opinion, the order that ought to be made, and the only fair and equitable result, is that the provisions of Part 6 ought to apply to each of the two pensions. The application of that Part ought to reflect that the parties separated on March 1, 1993 pursuant to a written separation agreement.
The mere fact that pensions (or related benefits) are not divided, however, does not make the separation agreement unfair. In Gariepy v. Gariepy, [1996] B.C.J. No. 1544 (BCCA), for example, the separation agreement did not give the wife a share of a number of family assets including the husband's pension and severance payments. The Court of Appeal held that the unequal division provided for under the agreement was not unfair, particularly having regard to the fact that the husband had custody of the children.
27 That leaves us the two significant items which were not expressly dealt with in the separation agreement: the husband's accumulated leave potential and the husband's severance pay potential. As I have said, I do not consider it necessary to decide in this case whether those amounts should properly be considered to have been family assets within the meaning of s. [58]. A close examination would have to be made of the entitlement provisions before any firm answer could be given to that question. I am prepared to assume, without deciding, that they are family assets within the meaning of s. [58] for the purposes of considering the fairness of the allocation which left them entirely with the husband. In my opinion, after considering the provisions of s. [65] (e) and s. [65] (f), the amount that the husband had available to support these children from the ages of 9 and 10 was by no means enough to do the job and, in my opinion, it is not unfair to think of those two assets as being assets that should go entirely to the husband. Again, I am not deciding whether, when the parties agreed the husband should be entitled to his Canadian Armed Forces pension for his own use absolutely, they were using the word 'pension' as a general term to cover not only the regular pension but also the accumulated leave potential and the severance pay potential, both of which would arise at the same time as the pension started to become payable. But even assuming that they were not, I think that it is not unfair that they should remain with him.
28 Accordingly, in my opinion, the marriage agreement in this case, at the time when it was made, did not depart from what would have been a fair division of assets between the parties under sections [56] and [65], if an apportionment had been made under those sections.
In Carrothers v. Carrothers, [1997] B.C.J. No. 1535 (BCSC), the parties made a separation agreement in which the wife waived division of the husband's pension. The wife later applied to vary the agreement. One ground was that the waiver was ineffective because the value of the pension and future severance payments had not been disclosed. On this head, however, it was held that the husband had not concealed the pension, and the wife knew it had substantial value. Nevertheless, the court found that the agreement did not take into account the wife's need to become economically independent and awarded her one-third of the pension and one half of the severance payment.
Nothing in the legislation prevents a waiver from being included in a pre-marriage agreement, but the agreement would be subject to the Gold v. Gold principles (Gold v. Gold (1993), 82 B.C.L.R. (2d) 180 (B.C.C.A.). The B.C. Court of Appeal held that an agreement that was fair when it was made, and that was fairly obtained, can be varied under the FRA if it is unfair having regard to the factors listed in s. 65 at the time the agreement operates).
There may be a difference between waiving division of a pension, and waiving statutory benefits that accrue to a person that qualifies as a spouse. For example, under the B.C. PBSA, when a member dies before retirement, a preretirement survivor benefit must be paid by the plan and, if the member is survived by a spouse, the spouse is entitled to receive the benefit. If there is no spouse, then a beneficiary designated by the member would be entitled to receive the benefit and, if there is no beneficiary, it would be paid to the member's estate. Under the PBSA, a person remains a spouse for up to 2 years after the parties separate. The fact that parties have made a separation agreement would not in itself affect status of the member's spouse. If the member dies within 2 years of separation, the separated spouse would be entitled to the benefit. The PBSA, however, prescribes a form to be used to waive the preretirement survivor benefit. This places in doubt the validity of a waiver in a separation agreement that does not comply with the prescribed form.
E. Waiving equalization of CPP
Under the Canada Pension Plan, when a relationship ends, the parties' unadjusted pensionable earnings accruing during the relationship can be equalized. Equalization is available once the parties have lived separate and apart for more than one year.
Equalization is available even after a separated spouse dies, but the application must be made within 3 years of the death. The application may be made by the deceased spouse's personal representative. The CPP Regulations provide:
44. (2) Where either or both former spouses are deceased, an application for a division of unadjusted pensionable earnings under section 55 or paragraph 55.1(1)(b) or (c) of the Act may be made by the personal representative of a deceased former spouse or by or on behalf of a child of a deceased former spouse. SOR/80-757, s. 1; SOR/86-1133, s. 4; SOR/89-345, s. 3; SOR/90-829, s. 15; SOR/96-522, s. 23
Waiver of equalization is available only if the province enacts legislation permitting waiver. To date, only Saskatchewan and B.C. have enacted such legislation (for B.C., see FRA, s. 62).
If the parties agree to waive equalization of unadjusted pensionable earnings under the Canada Pension Plan, the waiver must specifically refer to the Canada Pension Plan sections that provide for division on marriage breakdown.
If there is no enforceable waiver, then equalization of CPP at the end of a relationship is automatic. There is no specific need for the agreement or court order to provide expressly for division: Verbeek v. Craig (1998), 37 R.F.L. (4th) 143 (BCSC).
Typically the result of equalization is fair to both parties, and is based on the view that for the years during their relationship, each should benefit equally from CPP. In some cases, however, as discussed below, because of the way CPP calculates benefits, it is to the advantage of both parties to waive equalization.
Benefits under the Canada Pension Plan are determined by contributions made by the person from age 18 until age 65. The total benefits payable are determined by a formula (25% of each year's pensionable earnings - adjusted to take into account the fact that, with inflation, the maximum required contributions have increased over the years).
Entitlement to maximum CPP benefits, however, does not depend upon making maximum contributions in every year. Benefits are adjusted by dropping out specified years in which a person may not have been able to contribute fully. These drop out adjustments include:
(a) Lowest Years Dropout: 15% of the years in which lowest contributions were made,
(b) Child Rearing Dropout: years in which the person had a child under 7 (this is available only to the parent who was entitled to receive Family Allowance payments or the Child Tax Benefit), and
(c) Disability Dropout: years in which the person was entitled to receive CPP disability benefits.
Most often, when the parties have children, one parent will have substantially reduced CPP contributions for the years in which the children are younger. The Child Rearing Dropout will protect that parent, by excluding those years from the calculations. If that parent has CPP contributions in other years, the Child Rearing Dropout often protects that parent fully. In these cases, equalization typically results in a reduction in one spouse's CPP benefits with no corresponding benefit to the parent who looked after the children. (See Appendix D for more information about the Child Rearing Dropout).
Another situation in which CPP should not be automatically equalized (or where equalization should be delayed) is where one of the spouses is currently receiving CPP disability benefits. The disability benefit is based on a flat rate, plus an additional amount determined with respect to the spouse's unadjusted pensionable earnings. If equalization results in reducing the spouse's unadjusted pensionable earnings, it will cause an immediate reduction in the disability benefits, even if the other spouse cannot use the CPP entitlement until years later.
F. Waiving Preretirement and Postretirement Survivorship Benefits
The B.C. PBSA provides that
(a) a member's spouse is entitled to receive preretirement survivor benefits, and
(b) when the member retires, the member who has a spouse must take a joint life and 60 per cent survivor pension.
In both cases, the PBSA allows a spouse to waive the entitlement, but the form of waiver is prescribed.
It is not clear the extent to which a plan is entitled to rely upon a general waiver of pension entitlement contained in a separation agreement. A waiver of pension entitlement in a separation agreement was effective to waive survivorship benefits, notwithstanding the fact that the former spouse was maintained as beneficiary under the plan, in Re Hodgsen Estate (1996), 11 C.C.P.B. 109 (BCSC).
G. Specific contractual obligations
1. Obligation to make beneficiary designation
A common contractual term in separation agreements addressing pension entitlement is a requirement for the member to designate the spouse beneficiary of particular benefits (such as preretirement or postretirement survivor benefits).
If the member designates someone else, contrary to the agreement, the member (or the member's estate) will be liable in damages (Munro v. Munro Estate (1995), 13 R.F.L. (4th) 139 (BCCA); McLean v. McLean Estate (1998), 35 R.F.L. (4th) 214 (NBQB).
A trust claim may lie against the person who was appointed beneficiary (Henry v. Henry (1998), 25 E.T.R. (2d) 198 (Ont. CA.); Fraser v. Fraser Estate (1995), 16 R.F.L. (4th) 112 (BCSC)).
Although the question has not been judicially considered, it may also be possible to attack a beneficiary designation that was made contrary to the terms of separation agreement relying on s. 66(3) of the FRA. S. 66(3) provides:
(3) If the Supreme Court, on application, is satisfied that a spouse has made or intends to make a gift of property to a third person, or has transferred or intends to transfer property to a third person who is not a purchaser in good faith for value, for the purpose of defeating a claim to an interest in the property the other spouse may then or in the future have under this Part, the Supreme Court may make an order under this section to restrain the making of the gift or transfer, or vest all or a portion of the property in, or in trust for, the other spouse.
See, for example, Dacyshyn v. Semeniuk, [1996] B.C.J. No. 626 (BCSC) for a non-pension case in which s. 66(3) was considered.
In some cases, the obligation to maintain a beneficiary designation is limited in time. This is often the case where life insurance is used to secure support obligations. These cases are instructive concerning principles that may apply to pension beneficiary designations. The agreement, for example, may require the member to maintain the spouse as beneficiary of preretirement survivor benefits until the spouse receives a separate share of the pension.
Sometimes the member forgets to change the beneficiary designation when it becomes possible to do so (after the purpose for the beneficiary designation has ended). In the pension context, if the beneficiary designation is unchanged, this would theoretically provide the spouse with not only the half interest in the pension, but a further amount in the form of death benefits payable under the member's separate share.
In these cases arising in the life insurance context, courts will often find that the beneficiary holds the benefits in trust for the member's estate: Martindale v. Martindale Estate (1998), 55 B.C.L.R. (3d) 63 (BCCA). It is likely a similar position would apply to pension beneficiary designations.
2. Obligation to obtain consent before retiring
It is quite common for agreements and orders to require the member to obtain the spouse's consent before retiring (or to give notice of an intention to retire, or to obtain consent to the form of election made on retirement). These types of contractual provision are also often ignored by both member and plan.
The purpose of provisions of this nature is to ensure that the election the member makes protects the spouse's interests in the pension. If the member elects a single life pension, for example, the interests of the spouse have been prejudiced because the pension will end when the member dies.
These kinds of concerns do not arise if division is under Part 6, and the spouse receives a share either in the form of a separate pension, or a transfer of the commuted value of the pension. But where the agreement provides for a Rutherford-type division, the form of the pension is a very important part of ensuring the division operates as intended.
Where the obligation is ignored, the spouse would have remedies against the member for breach of contract (see, e.g., Woodrow v. Woodrow, [1997] O.J. No. 2014 (Ont. Gen. Div.) and, if the contract places trust obligations on the member, for breach of trust. If the plan had notice of the agreement, the plan may be liable as well.
3. Obligation to elect a joint annuity
Another common contractual provision is the requirement that on retirement the member elect to take the pension in the form of a joint annuity (a joint annuity will provide continued benefits to the joint annuitant on the death of the member).
If the member fails to make the appropriate election on retirement, the same remedies as discussed in the previous section would be available.
However, in some cases the member is simply unable to make the required election. The terms of the plan, or its governing legislation, may provide, for example, that a survivorship benefit is available only when the member has a spouse. This is true for most federal public plans, as well as many federally regulated private plans. What happens in these cases?
This was the situation that arose in Munro v. Munro Estate (1995), 13 R.F.L. (4th) 139 (BCCA). The Court of Appeal held that, even though it was not possible for the member to make the appropriate election, he was in breach of the contractual and trust obligations imposed on him by the pension division arrangements because the member had not made the appropriate inquiries. As such, the member's estate was liable to the former spouse to compensate for the pension rights lost on the member's death.
XVI. Integration of Pension Division Arrangements with Support Obligations
A. Agreement or Court Order Should State Whether Support
is to Continue After the Member Retires
Parties must be taken to be aware that a member will eventually retire, and to have considered that event when determining support obligations. Courts, therefore, do not consider the event an unforeseen material change of circumstances.
Consequently, if the separation agreement or court order does not state what is to happen to the support obligation when the member retires, chances are that the courts will find that it continues. In a series of cases, the question has been characterized as one of whether "double-dipping" should be permitted: that is, should the spouse, having received a share of the pension, be entitled to support which, in whole or in part, will be paid from the member's retirement income. A very thorough analysis of the issues and previous authorities is to be found in Schmidt v. Schmidt (1998), 44 B.C.L.R. (3d) 223 (BCCA). The question of whether a court, when determining the support obligations of a retired spouse receiving pension income, should take into account any portion of the pension received by the supported spouse as part of the property division, was subsequently considered by the Supreme Court of Canada in Boston v. Boston, 2001 SCC 43. In Boston, the Court held that ordinarily a retired spouse should not be required to pay spousal support from the proceeds of a matured pension where the value of the pension was taken into account in dividing family assets. Nevertheless, double recovery cannot be avoided in some circumstances, such as where the paying spouse has the ability to pay and the supported spouse has made a reasonable effort to use assets received when the relationship ended to produce income, but economic prejudice or hardship flowing from the marriage or its breakdown persists, and the claim for support is not compensatory but needs-based.
B. If the Value Placed on the Pension Was Inadequate
In Schmidt it would appear that the value placed on the member's pension was a fair one. Even so, the courts held that the member was required to continue to pay support after retirement. The main reason in this context is that the sources of the parties' income are not relevant when determining whether one former spouse is entitled to support from the other. The inquiry is based on need, within the context of the court's jurisdiction to vary.
However, in a number of cases, there is at least a suggestion that the continuation of the support obligation is based on the fact that the spouse received an unfairly low value for the pension: see the dicta quoted in Schmidt from Linton v. Linton (1990), 30 R.F.L. (3d) 1 (Ont. C.A.) and Strang v. Strang [1992] 2 S.C.R. 112, 39 R.F.L. (3d) 233 (SCC).
In Boudreau v. Bradbury (1998), 38 R.F.L. (4th) 1 (BCSC), the parties had not divided the member's pension when the relationship ended in 1981. This was one factor which led the court to reopen the support obligation in an application 16 years later.
While it is certainly questionable whether the adequacy of property division arrangements themselves can justify varying a support obligation, it is important to be aware that, nevertheless, this is a factor which may indirectly affect the court's sympathies.
C. Drafting Considerations
If the review or termination of support is linked to the pension, does it matter how it is expressed? Is there any difference among the following clauses?
1. The support obligation will be reviewed when the member retires.
2. The support obligation will be reviewed when the spouse's share of the pension is transferred to her.
and
3. The support obligation will be reviewed when the spouse begins to receive her share of the pension.
A decision of the BCCA suggests that, as a general rule, if the intention is that each spouse will support themselves from the pension funds, best practice is to link the review or termination of the support obligation to the transfer of the spouse's share.
In Lee v. Lee (1997), 35 R.F.L. (4th) 200 (BCCA) a consent order provided that the husband's pension was to be divided by a Rutherford order. The husband was required to pay support to the wife until the wife began to receive her share of the pension.
The pension was subject to the federal Pension Benefits Division Act, and the wife applied for a transfer of her share under that Act when it came into force. The husband said that ended the obligation to pay support. The wife said that, as there was no longer a termination event, the husband was obliged to pay support for the foreseeable future.
At trial, (reported at (1996) 23 B.C.L.R. (3d) 321 ) Skipp J. held that, according to fairness and the intent of the order, the husband's obligation to pay support ended when the wife received her share of the pension, and he canceled arrears of support. The Court of Appeal found that the introduction of the federal PBDA was a material change of circumstances that justified a court varying support obligations. It set aside the trial judge's decision and returned the question of support to the trial court.
In the second proceedings (reported at [1998] B.C.J. No. 2201) Cole J. held that, in order to give effect to the spirit of the consent order, the fact that the wife had received her share of the pension should relieve the husband of the obligation to pay support. The court, however, took into account the husband's delay in seeking an amendment to the consent order, and the wife's delay in using the pension funds to generate an income stream, and found that the husband's obligation to pay support should have continued for six months after the wife received the pension funds.
The best approach is to take into account the possible alternatives and simply provide expressly that support may be reviewed when
(a) the member retires, or
(b) the spouse otherwise becomes entitled to use the share of the pension,
as was done in Haeusser v. Haeusser (1995), 8 B.C.L.R. (3d) 245 (BCSC) Warren J.
XVII. Dividing Pre-marriage Accruals
Before Part 6 came into force, the courts had established the general rule that all of the pension that accrued up to the first triggering event-including any portion of the pension acquired before marriage-was a family asset and equally divisible between the spouses, unless grounds for reapportionment existed under s. 65: Mailhot v. Mailhot (1988), 32 B.C.L.R. (2d) 109 (BCCA).
Part 6 provides that only the portion of pension that accrues during the relationship is divided. But it is still possible for the parties to agree, or the court to order, that pre-marriage accruals be divided if that is fair in the circumstances (see FRA, s. 65(3)): Dumais-Koski v. Koski, [1997] B.C.J. No. 1334 (BCSC)).
In Chapman v. Chapman, 2002 BCSC 1483 and Shirran v. Shirran (1999), 46 R.F.L. (4th) 371 (BCSC), for example, pre-marriage accruals were included because of the duration of the marriage (16 years in Chapman, 30 years in Shirran). In Shirran, in holding that 3 years of pre-marriage accruals should be included in the pension for division, Curtis J. said:
25 In this case I favour an equal division of the pension over an award of spouse maintenance at this time. Division of the pension is easily accomplished and is self adjusting, not requiring an application to vary as an order for spousal support might. I am satisfied Mrs. Shirran has met the onus of establishing a re-division of the pension is required by the terms of section 65 of the Act. In the circumstances of the Shirrans' marriage an unequal division of the pension in the proportion determined by the statutory scheme would be unfair having regard to the 30 year duration of the marriage, and Mrs. Shirran's 'need to become or remain economically independent'. If she does not receive an equal division of the pension, I would find her entitled to spousal support - if she receives an equal division she is economically independent and does not need the support. I order that Mr. Shirran's pension benefits shall be divided equally between the parties.
In Sangha v. Sangha, [1998] B.C.J. No. 1087 (BCSC), the spouse collapsed a pension (part of which accrued before the marriage) and used it to benefit the family. In these circumstances, it was held, it would be unfair not to divide the other spouse's pension equally, including pre-marriage accruals.
In Baker v. Baker (1998), 34 R.F.L. (4th) 364 (BCSC), a case under the federal Pension Benefits Division Act, Melvin J. held that the portion of the pension that accrued before the marriage, while the parties were cohabiting, should be divided on the basis that any other result would be illogical given that pension entitlement was now divisible between common law spouses who never marry.
Over 20 years ago, the B.C. Court of Appeal settled that, when determining whether equal division of family assets is fair in the circumstances, or entitlement should be reapportioned, a relevant factor was whether the spouses cohabited before marriage (Piskor v. Piskor (1981), 22 R.F.L. (2d) 257, 27 B.C.L.R. 230, 233 (B.C.C.A.)). It was held that this factor could be considered by a court under s. 65(1)(f) of the Family Relations Act, which provides
65(1) If the provisions for division of property between spouses under section 56, Part 6 or their marriage agreement, as the case may be, would be unfair having regard to:
...
(f) any other circumstances relating to the acquisition, preservation, maintenance, improvement or use of property or the capacity or liabilities of a spouse . . .
In Piskor v. Piskor, supra, at p. 233, the court said:
The sixth consideration is what might be called the basket clause: that is, any other circumstances relating to the acquisition, preservation, maintenance, improvement or use of property for the capacity or liabilities of the spouse. Under this heading one must consider the substance of the relationship and the respective contributions of the parties, including their respective contributions during the five year period of cohabitation prior to marriage, put another way, what the parties respectively contribute prior to the marriage and brought into the marriage.
When Piskor was decided, unmarried relationships were not extensively recognized by the law, nor did the breakdown of the relationship automatically give rise to rights between unmarried spouses (with respect to support or sharing family assets, for example). In the early years following Piskor, it is not surprising that prior cohabitation between married parties was seldom an important factor in family litigation. Of course, the rights and obligations of unmarried spouses on the breakdown of their relationship are now extensively recognized, both at law and under statute, and it is natural to find that more significance is now being attached to prior cohabitation by married spouses.
B.C. courts now accept that s. 65 should often be used to include in the division the portion of a pension that accrued during a period of cohabitation prior to marriage (see, e.g., Baker v. Baker (1998), 34 R.F.L. (4th) 364; Jeannotte v. Jeannotte, 2002 BCSC 506; M.J.S. v. L.S., 2001 BCSC 820; and Edwards v. Edwards, 2002 BCSC 1211).
In Jeannotte, supra and M.J.S. v. L.S., supra, however, the court made it clear that all pensionable service accruing from the moment the parties moved in together will not necessarily be included in the division. Regard will be had to the nature of the relationship. Only those periods of cohabitation should be included where the relationship was marriage-like (a term that, at least in B.C., has been given statutory recognition). For example, any period the parties live together but are childless and independent in most respects (particularly in financial matters) would probably not be included (Jeannotte, supra; M.J.S., supra, para. 25 - 27). Similarly, periods where unmarried parties lived separate and apart with the intention that the relationship is at an end may also be excluded (see, e.g. Jeannotte, supra. With respect to whether living separate and apart without the requisite intention to end the relationship affects the nature of the relationship, see Thompson v. Floyd (2001), 17 R.F.L. (5th) 450, 86 B.C.L.R. (3d) 56 (C.A.) where the separation of the parties when one partner moved in with family to be cared for during a period of illness was not considered to end the relationship in the absence of a direct statement by either party to the other that the relationship was over). This approach is consistent generally with principles developed in other B.C. cases addressing the question of when a marriage-like relationship may be said to begin, and what consequences should attach to an intermittent relationship: see, e.g., the seminal decision of the B.C. Court of Appeal in Gostlin v. Kergin (1986), 3 B.C.L.R. (2d) 264 (C.A.) as to when unmarried partners may be considered to be "spouses".
The law in B.C., consequently, would appear to be that the default rules under Part 6 of the Family Relations Act for determining a spouse's share of a pension will operate unfairly, and entitlement to the pension should be reapportioned under s. 65 of the FRA, to the extent that the default rules exclude pensionable service accruing in any period before marriage in which the parties cohabited in a marriage-like relationship.
The significance of pensionable service accruing during a period of cohabitation before marriage may diminish, however, if there are other factors relevant under s. 65 of greater weight. In one case, for example, a period of cohabitation before marriage was not included in dividing the pension to adjust for the fact that the member had assumed family debts when the relationship ended: Margetish v. Margetish, 2002 BCSC 1177.
XVIII. Dividing Post-separation Accruals
Part 6 sets out rules for determining what is referred to as the "entitlement date" for determining the spouse's share of the pension (see also Green v. Green (2000), 6 R.F.L. (5th) 197, 2000 BCCA 310). This is basically the same concept as the date of the first triggering event (see the definition of "entitlement date" in the Pension Division Regulation). Consequently, this rule is the same as was being applied under the former law (see, e.g., Mailhot v. Mailhot (1988), 32 B.C.L.R. (2d) 109 (BCCA).)
In most cases, courts apply the Part 6 rules. Nevertheless, parties may agree on an entitlement date that differs from the first triggering event, and court's may do so by way of reapportionment under FRA, s. 65. This is the same jurisdiction the courts enjoyed before Part 6 came into force, so that earlier precedent on this point is still relevant. The general rule was described in Toth v. Toth (1995), 17 R.F.L. (4th) 55 (BCCA) per Taylor J.A.:
In Mailhot v. Mailhot (1988), 32 B.C.L.R. (2d) 109 (C.A.), this court held that the whole pension of either party in existence at the date of the 'triggering event' under s. [56] , including that part which had accrued since the date of separation, should be regarded as a 'family asset', divisible between the parties (but not that part of the pension earned after the 'triggering event') unless it would be unfair so to treat that part of the pension which had accrued since the separation - for example, in a case where the claimant spouse had been building up his or her own pension benefits during the post-separation period. In Miller v. Miller (1988), 18 R.F.L. (3d) 424 (BCCA) Mr. J. Macfarlane, for the court, held (at p. 430) that it is permissible to exclude the value of post-separation pension contributions from division where any of the factors enumerated in s. [65] would demonstrate equal division under s. [56] to be unfair.
In the early days under the FRA, courts often chose the date of separation for determining the spouse's share almost by reflex. But, as is now well accepted, any departure from the first triggering event must be determined by the principles under FRA, s. 65. A very clear statement of this position is to be found in Spencer J.'s decision in Wilson v. Wilson, [1988] B.C.J. No. 2541 (BCSC):
In Rutherford v. Rutherford (1981), 30 B.C.L.R. 145 the Court chose the separation date rather than the triggering date to prevent unfairness. The circumstances there included the fact that since the separation the wife had created her own pension plan which was not a family asset. The prima facie effect of the Family Relations Act, however, is to require an equal division with effect from the triggering date. That is subject to adjustment if any of the provisions of s. [65] are found applicable. In Mills v. Mills (1980), 20 R.F.L. (2d) 197, Esson J., as he then was, said that unless the circumstances of the case make equal division of the assets unfair, the principle of equality requires the use of values current at the time of the decision. Other cases can be found, some selecting the triggering date and some selecting an earlier separation date as the date for valuing a spouse's pension share. See Hauptman v. Hauptman (1981), 32 B.C.L.R. 119, Cort v. Cort, [1988] B.C.J. No. 3029, Cranbrook Registry No. 120332, March 1, 1988; Strahl v. Strahl (1985), 44 R.F.L. (2d) 189 and Brown v. Brown, [1988] B.C.J. No. 1272, Vernon Registry No. 5938-3765, April 15, 1988. Those are only examples, there must be many more on either side of the question. Counsel have an invidious task in trying to predict what enumerator the Court will choose in any given case where pension contributions continues to be made for the period of time between separation and the triggering event. I propose to set out some of what I think to be the proper considerations to be taken into account.
First, an unequal division may be made only when it is necessary to achieve fairness. See Family Relations Act, s. [65] and Rutherford v. Rutherford (supra). Second, the burden of proof that an unequal division is necessary lies on the spouse who claims it. Third, the fact that the intervening contributions have been made by payroll deduction, is, of itself not particularly significant because one spouse's salary earned before separation is not a family asset in any event. Fourth, the fact that maintenance may have been paid to the non-contributing spouse during the period of separation is also not of great significance because prior to separation the non-contributing spouse, generally the wife, would have received support and also earned an entitlement to an interest in any pension fund being built up by the wage earner simply by virtue of s. [58] of the Act. Fifth, of great significance is the question of whether in fixing the appropriate level of maintenance during the separation period, the need for the supported spouse to have funds to contribute to a pension or other savings plan of her own was taken into account. In most cases it is unlikely that it was. In this case there is no suggestion of it. Sixth, of great significance is whether the supported spouse has a pension plan of her or his own or had the capability to commence one, and whether that plan is a family asset. That appears to have been the compelling, but not the only factor, in Rutherford (supra). Seventh, was the supporting spouse continuing to provide services in the nature of those mentioned in s. [59] (2) of the Act during the period of separation. In the case at bar, she continued to do that by caring for the two children of the marriage. Eighth, is the question of whether the pension-owning spouse had an opportunity to bring about a triggering date by proceedings under s. [57] of the Act and failed to do so. Those factors all come within the general criteria set out in s. [65] of the Act. The reasons advanced on behalf of the respondent here for selection of the date of separation as the date for valuing the petitioner's share of the pension are that the parties have been separated for five years, that maintenance has been paid to the wife for herself and the children throughout that time, and they have been left to reside in the family home. In addition, the wife has obtained employment, at first part-time and latterly full-time. On the circumstances of this case, I do not think those factors require a valuation date other than the date of the divorce. It was open to the husband at any time during the separation to bring proceedings to show the impossibility of reconciliation and thus to trigger a valuation date under s. [57] of the Act. The petitioner's income-earning ability is substantially less than the respondent's. Her involvement in caring for the two children has, presumably, inhibited her ability to obtain full-time work until fairly recently. Unlike Mrs. Rutherford, she has not been able to start a pension plan of her own. There is an additional factor which should also be noted. The petitioner offers that if the five years of separation are credited to her for the purpose of the Rutherford formula, she will forego any right to receive a share of the pension or compensation in lieu from the husband's 55th birthday and wait until his normal retirement age of 65. Under the plan he has the option of early retirement commencing at age 55. I do not rely upon this last factor in reaching my decision, but I note that it creates a potential advantage in favour of the respondent, that the petitioner has an increased chance of not surviving to receive any part of the pension.
Even substantial post-separation accruals may be included. In one case, for example, after a 22 year marriage, because of a greater need for economic self-sufficiency, and as compensation for the economic prejudice caused by the marriage, the spouse's share of the member's pension was held to include 11 year's of post-separation accruals: Budden v. Budden (2001), 16 R.F.L. (5th) 256 (B.C.S.C.).
In Poon v. Poon, 2002 BCSC 290, in contrast, post-separation accruals were excluded because each spouse had a pension, and also support had been paid throughout.
XIX. Obligation on plan to provide information and liability for failing to do so
Pensions are complex financial vehicles. In many cases, they offer very flexible options that, if wisely selected, will benefit the member and spouse. But it is very easy to make a costly mistake. In these situations, questions arise concerning whether the plan owes some overriding duty of care in providing information to the member and spouse.
There is no doubt a plan would be responsible for negligently provided information. There are not many cases falling into this category, possibly because they are usually quietly settled.
More litigation is notable in situations where the complaint is that the plan did not provide enough information. These cases do not all involve marriage breakdown situations, but are worth noting, since the principles defining the plan's duty of care would presumably also apply with respect to information provided to member and spouse in marriage breakdown cases. Some examples:
1. an employee with AIDS-related dementia resigned, not appreciating that disability benefits were lost by doing so. This fact pattern has recurred in two cases and in each it was found that the employer or plan did not have sufficient notice of the employee's condition to raise a duty of care to provide additional information about benefit entitlement and elections available on terminating employment: see Bueckert Estate v. IBM Canada Ltd. 1999 CarswellOnt 2663 (BCSC) and A. Estate v. B.C. Rail Ltd. (1999), 72 B.C.L.R. (3d) 227 (BCCA) . In A. Estate, the employee resigned without converting group life insurance to personal insurance. The estate sued the employer alleging that it had provided inadequate information, but the action was unsuccessful.
2. under the terms of the plan, survivorship benefits on the death of a member were paid only to a surviving spouse who had that status when the member retired. A surviving spouse who married the member after retirement sued the plan on the basis of misleading statements in the annual benefit statements. The court held that the plan was not liable. Annual benefit statements contained cautionary language and other communications had contained accurate information: Watson Estate v. CMHC (1995), 7 C.C.P.B. 87 (Alta. T.D.).
3. a plan member relied on a booklet that wrongly advised that he could not buy pension entitlement for past service. The booklet contained a warning that it provided general information only and advised members to contact the personnel office for specialized information. It was held that the member was not entitled to damages. The booklet warning was satisfactory. But the member was also permitted to purchase the past service at rates in effect when he was first eligible to make the purchase: Spinks v. The Queen (1995), 7 C.C.P.B. 63 (Fed. T.D.).
4. the spouse signed a waiver of a joint and 60 per cent survivor pension, knowing that the member had only a year to live. The plan counselor had advised that the single life option paid a higher monthly amount, but did not explain that it did so because the pension ended when the member died. The court held that the plan had not provided enough information to the spouse and member and that, notwithstanding the single life election, the spouse was entitled to a survivor pension: Deraps v. Labourer's Pension Fund of Central and Eastern Canada (Trustees of) (1999), 179 D.L.R. (4th) 168 (Ont. C.A.).
XX. Compensation Payments
A. When will a compensation payment be made
instead of division under Part 6?
The general rule is that, barring exceptional circumstances, the court will not require a member to give up capital in exchange for retaining future benefits that the member may never live to enjoy. In Andrews v. Andrews (1995), 11 R.F.L. (4th) 117 (BCSC) Tysoe J. made the following observations:
[125] Counsel for Mrs. Andrews referred me to the following passages from Syrette v. Syrette (Aug. 30, 1991) New Westminster No. D026217 (BCSC) [at pp. 4 and 7]
A person with pension entitlement and this should include separated persons, must ordinarily wait until the pension's time has come to collect what they are due. This is unless, in a court's discretion, there are exceptional circumstances otherwise.
I find no exceptional circumstances in the instant case which would compel me to depart from what I consider the correct rule to be - without the consent of the parties a pension should not be distributed before it is payable.
I agree with this statement of the general rule. The spouse with the pension may never receive it if he or she dies prior to retirement. If the spouse with the pension retires early the amount of the pension payments would be less and a present day valuation of the pension would be inaccurate to the extent that the calculation is based on the assumption that the spouse will retire at the normal retirement age. A distribution of an interest in a pension at the time of divorce would essentially deprive the spouse with the pension of present day capital when they may have a desire to use the capital prior to the time the pension becomes payable.
B. Exceptions to the General Rule
The dicta from Andrews acknowledges the possibility of exceptions to the general rule, but refers only to the situation where the parties otherwise agree that compensation should be paid instead of dividing the pension. Some other situations where courts have ordered compensation to be paid:
(1) the pension is not of great value, and the member is years from retirement: Redpath v. Redpath, [1994] B.C.J. No. 582 (BCSC); Samson v. Samson (1996), 27 B.C.L.R. (3d) 363 (BCCA); Osborne v. Osborne, 2002 BCSC 1539. In these cases, the reason for making an exception to the general rule is probably the fact that the spouse's share can be satisfied with a relatively nominal compensation payment.
(2) it will assist the spouse in achieving economic self-sufficiency: In Freeman v. Freeman, [1996] B.C.J. No. 532 (BCSC), the court ordered that the husband would keep the pension (which had a present value of about $200,000) and the wife would keep the family residence, which had a similar value. These arrangements were seen as promoting the wife's ability to be economically self sufficient.
C. How to Calculate a Compensation Payment:
Termination or Retirement approach?
In Stokes v. Stokes (1986), 6 R.F.L. (3d) 342 (B.C.C.A.), it was decided that when a spouse elects to have the share of the member's pension satisfied by an immediate compensation payment, the spouse also elects "to rely on the facts as they existed at the valuation date" (at p. 349). Taking into account future increases in the respondent's income "with virtually no evidence before us as to future contingencies, would be to assume a very large risk of making an inequitable division of the pension" (at p. 349). There is some suggestion that the Court of Appeal's decision turned on the fact that the member's retirement was 18 years away (at p. 350).
Stokes left many questions unanswered and was the subject of much criticism. Some of the questions included:
1. Should the same approach be adopted if the member is closer to retirement?
2. Would the court take future contingencies into account if sufficient evidence was led on the actuarial issues?
3. By their very nature, actuarial calculations involve the consideration of future contingencies, such as mortality. Exactly what future contingencies and factors did the Court of Appeal intend be ignored?
Criticism leveled at Stokes centered primarily on the fact that the decision seemed based on a misapprehension of fundamental principles involving actuarial valuation: see, e.g., Ian M. Karp, "Division of Pension Rights Upon Marriage Breakdown; Two Important Issues," (1990) 48 Adv. 181-195. The court's hesitation in accepting a valuation of the pension that takes into account future contingencies rests on the hazards of predicting future events and reflects a suspicion of actuarial science. Actuarial principles are sophisticated enough, however, and well enough accepted, that they can be relied upon in personal injury and fatal accident law, and multi-billion dollar industries such as the insurance industry, as well as for all pension valuation issues, excepting, according to Stokes, those arising in family property litigation.
These issues have now been resolved by legislation in B.C. The Regulation to Part 6 of the Family Relations Act (B.C. Reg. 77/95) effectively reversed Stokes. S. 11 of the Regulation provides:
Calculation of a compensation payment
11.(1) This section applies if provision is made for satisfaction of pension entitlement by any of the following:
(a) a compensation payment under section [66] [determination of ownership, possession or division of property] of the Act;
(b) a compensation payment under section [80](1)(d) [written agreements between member and spouse] of the Act; ...
(2) A compensation payment or transfer referred to in subsection (1) must be determined as a proportionate share of an amount equal to the present value of the future pension benefits payable to the member.
(3) Without limiting the contingencies that may be considered in making a determination under subsection (2), the determination must make reasonable provision for the following contingencies:
(a) the possibility that the member may terminate employment or die before retirement;
(b) the possibility that the member may retire at an early, late or normal retirement date;
(c) the possibility that benefits being divided as family assets and paid under the plan will increase, whether by an automatic formula or on an ad hoc basis, after the date selected for valuing the benefits;
(d) to the extent that benefits being divided as family assets are related to future salary levels, the possibility that salary levels will increase after the date selected for valuing the benefits...
The possibilities both of immediate termination of employment and of continued employment to retirement age must be taken into account when valuing the pension for the purpose of making a compensation payment. The Canadian Institute of Actuaries have also adopted Standards of Practice which actuaries are required to follow when valuing a pension for the purposes of determining a compensation payment on marriage breakdown. The Standards of Practice indicate that alternative retirement ages may be used, so the actuary will, in most cases, present valuations based on alternative scenarios.
The B.C. Court of Appeal considered the rules set out in the Pension Division Regulation in Park v. Park, 2000 BCCA 92, and held that they were not exhaustive. Other relevant considerations (such as the impact of tax) could be taken into account in valuing the pension provided a proper evidentiary basis were provided for them.
D. Evidence of Value
It is necessary to provide accurate information to the court concerning the value of the pension if a compensation order is sought. In the absence of accurate information, the court has no choice except to rely upon the evidence that is led.
In Dhillon v. Dhillon (1996) 21 R.F.L. (4th) 1 (BCCA), for example, an inordinately low value had been placed on the pension at trial. The appeal was based on the ground that there had been no evidence on which to value the pension. The Court of Appeal, however, held that there was some evidence, and since there was nothing to the contrary, the judge was compelled to accept the low value. At trial, counsel for the spouse had submitted the universal contributor report prepared by the plan, with the consent of the member, who later objected to it as evidence. It was held, however, that by consenting to admit the document, the document was proof of its contents. The report indicated a refund value of $6,924, which was accepted as the value of the pension for the purposes of dividing the family assets.
(See, however, Armstrong v. Armstrong (1992) 44 R.F.L. (3rd) 141 (BCCA), where the court allowed new evidence concerning the value of the pension on the basis that the trial judge was in error to reapportion entitlement to the pension in the absence of evidence concerning value. Apparently there is a distinction between no, and inadequate, evidence of value. Evidence of value, however, is not necessary when reapportioning the fractional entitlement of a spouse to a division of monthly pension payments under a Rutherford Order. In Weitzel v. Weitzel, [1993] B.C.J. No. 2543 (BCSC) it was said:
24 It was submitted by the petitioner that an unequal division of the pension without a valuation of the pension should not be considered on the authority of Armstrong v Armstrong (1992) 44 R.F.L. (3d) 141 (B.C.C.A.). In Armstrong, Proudfoot, J.A. at pages 148-149 pointed out that proceeding to divide unequally a pension without evidence of value created a potential for injustice to occur. I agree, however, the unequal division ordered in this case is with respect to the income benefits only. In this case unequal division of the income rights under the pension is made with evidence as to the value of the payments and as such the potential for injustice does not arise...
The same position should be true with respect to varying a proportionate share under Part 6. (See also Mailhot v. Mailhot (1988), 32 B.C.L.R. (2d) 109 (BCCA) where the BCCA specifically acknowledged that the Rutherford formula was a rule of thumb courts were prepared to adopt in the absence of more precise information concerning the value of the pension.)
As a general rule, a statement concerning contributions, or the refund value, of a pension is not a good indication of its true value (typically, the pension will have a significantly greater value).
XXI. Employment Termination Benefits (Severance, etc.)
A. Severance Benefits
1. Termination Benefits are Usually Called "Severance Payments"
When a person terminates employment, payments may be made for a number of reasons, but even so they are usually grouped under the generic term "severance payments".[See, however, Overton v. Overton, [1993] B.C.J. No. 608 (B.C.S.C.) where Collver J. attempted to preserve the term "severance" to describe only those payments made on dismissal.]
Sometimes a terminated employee is entitled to payments under more than one head, and receives what is called a "severance package."
Termination may arise for at least one of three reasons:
(a) an employee elects to change jobs or retire,
(b) an employee is dismissed, or
(c) the employer wishes to reduce the workforce by providing incentives to take earlier retirement. ((c) combines elements of (a) and (b)).
Courts have developed principles for determining whether or not particular kinds of severance payments, and particular parts of severance payments, qualify as family assets.
2. Examples of severance payments
The following kinds of severance payments have been considered by B.C. courts.
(a) Early retirement benefits
Early retirement benefits include:
(1) benefits provided as a gratuitous inducement to retire. For example,
(a) lump sum payments,
(b) leave entitlement, or
(c) compensation for leave entitlement,
(2) compensation for lost wages,
(3) compensation for reduced pension, and
(4) miscellaneous benefits, such as:
(a) opportunity to buy out lease of vehicle, and
(b) extended medical, dental and insurance benefits
(b) Dismissal benefits
Dismissal benefits include:
(1) compensation in lieu of notice
(c) Retirement benefits
Retirement benefits include:
(1) banked vacation time: sometimes referred to as banked holiday time, or accumulated past annual leave. The employee may be entitled to take the time, and extend the employment period, or receive a lump sum payment in compensation, and
(2) contractual benefits (or money or leave) based on past service.
3. Which kinds of severance payments qualify as family assets?
(a) Basic rules
Property may qualify as a family asset in one of two ways:
(1) it may be designated to be a family asset in Part 5 (this applies, for example, to RRSPs, pensions and annuities), or
(2) it must satisfy the test of having been used for a family purpose.
These rules apply in all cases. Courts, however, have created an exception for some kinds of severance payments.
(b) Special rules for severance payments
(1) Not family assets by definition
Severance payments are not specifically mentioned in Part 5 as being family assets, so they do not qualify on that basis.
(2) Not typically used for a family purpose
Severance payments are seldom used for a family purpose (particularly where the benefit in question is one that will be paid, if at all, only at some time in the future). So the general test is rarely applicable. See, however, Sykes v. Sykes, [1993] B.C.J. No. 699 (B.C.S.C.), where severance used to pay family medical bills, and invested in a summer cottage and RRSP qualified as a family asset on that basis. Moreover, some courts have accepted that severance payments are property intended for the spouses' future security and, as such, qualify as family assets: see, e.g., McLaren v. McLaren, [1997] B.C.J. No. 397 (B.C.S.C.). However, there is no general rule that such an intention can be implied in all cases in the absence of evidence as to the parties' actual intentions, nor that intention to use for retirement is sufficient in all circumstances to qualify an asset as a family asset: Martin v. Martin (1992),39 R.F.L. (3d) 360, para. 24 to 31 (B.C.C.A.)
This has presented a problem to courts. There is a perception that assets that accumulate during a relationship should generally qualify as family assets. But the FRA does not expressly state that. (The situation is different for payments that were receivable during the relationship, and which would have been used for family purposes, but which are not actually paid until after the relationship ends: see, e.g., Mitchell v. Mitchell (2002), 27 R.F.L. (5th) 374 (B.C.C.A.)).
(3) Severance payments are not a "pension"
It has been frequently argued that severance payments that are linked to retirement should be considered divisible family assets on the basis that they are pensions. It has been consistently held, however, that to qualify as a pension the benefit in question must be paid periodically: Webb v. Webb, [1985] B.C.J. No. 363 (B.C.S.C.); Penner v. Penner (1984), 42 R.F.L. (2d) 402 (BCCA); although in Henry v. Henry, [1992] B.C.J. No. 1522 (B.C.S.C.), Gow J. found a severance payment qualified as a "pension" on a fair and liberal interpretation of the FRA.
(4) Some kinds of severance payments, even if not a pension, are nevertheless "family assets"
Courts, however, recognized that some kinds of benefits are stipulated by the employment contract. They accrue over the course of employment and are payable when the employee terminates employment. Starting from this position, courts have held that property that accrues during the relationship will be considered to be a family asset. It is a stretch of the principles under Part 5, but it is well established (perhaps in part because other provinces, which are not limited in the same way by the test of use for a family purpose, have held that certain kinds of severance payments are divisible family property).
This analysis was first put forward by Allan J. in Warrington v. Warrington, [1991] B.C.J. No. 602 (B.C.S.C.):
In my view, a distinction should be made between payments to which a spouse is entitled as a condition of employment and payments in lieu of appropriate notice for a dismissal. The payment in this case of $2,722.68 falls into the latter category but not the payment of $13,615.14 which represents compensation for past service. ... While Dsuba dealt with a lump sum severance payment that was to become payable on retirement, I would distinguish it on the basis that the monies paid to Mr. Warrington appear to have been one of the contractual benefits of his 5-year term of employment with Aramco and they were readily capable of division. Further, in Dzuba, the triggering event occurred some six years before trial and the payment would not be made for some significant time in the future.
In the present case, I conclude that the severance pay did possess the characteristics of a family asset.
However, Allan J. declined to award compensation, since the severance payment had been spent some years before. The value of a previously spent severance benefit was taken into account in Seed v. Seed, [1986] B.C.J. No. 2149 (B.C.S.C.) and in Bibeau v. Bibeau, [1993] B.C.J. No. 232 (B.C.S.C.). In Bibeau it was held that assets lost their special nature when they were spent.
The Warrington analysis was subsequently adopted by Owen-Flood J. in Durling v. Durling, [1991] B.C.J. No. 2694 (BCSC) and by Vickers J. in Stewart v. Stewart (1993), 50 R.F.L. (3d) 294 (B.C.S.C.) (who noted the significance of Moge on the question before him) and, in the most complete statement and analysis to date, by Melvin J. in Cameron v. Cameron (1994),100 B.C.L.R. (2d) 104 (B.C.S.C.) which is the leading case:
In Stewart v. Stewart, 50 R.F.L. (3d) 294, Vickers J. reviews the varying decisions dealing with severance pay and the Court of Appeal decision in Penner v. Penner with reference to salary paid as an inducement to take early retirement. In Stewart Vickers J. noted that both Penner and Lenning pre-dated the decision in Moge v. Moge, [1993] 1 W.W.R. 481 and stated that the focus today is on the impact of separation on the economic aspects of the partnership of marriage. Vickers, J. noted that: It strikes me as entirely unfair to deprive the wife of her share of an asset she helped to acquire by the support and encouragement she gave to him in pursuit of his career.
(c) Basic distinction
Melvin J. in Cameron, supra, formulated the following principles for determining whether particular kinds of severance payments qualify as family assets:
[13]...there is a substantial divergence of opinion in the trial court of this province as to matters of holiday pay and severance pay and the applicability of [s. 58] of the Family Relations Act. Holiday pay and severance pay do not appear to fall within the definition of family asset pursuant to s. [58](2) or s. [58](3)(d). However, current jurisprudence expanded the definition to include these items as family assets as they were earned and acquired during the marriage as a result of efforts of the family unit, the receipt of which may have been postponed. Recently, the courts have concluded, relying on a principled approach in Moge v. Moge, that accumulated leave and severance pay are family assets within the meaning of s.[58] of the Family Relations Act. It should be noted, however, that the principled approach in Moge v. Moge is based on the existence of the Divorce Act in the philosophy behind explicit statutory provisions and does not involve an expansion of the legislation.
[14] As the benefits referred to are an outgrowth of the efforts of both the husband and wife during the course of the marriage and are created as a result of the husband making certain choices during that marriage, which would have impacted to a varying degree on the family unit, in my view it is appropriate to follow the recent decisions of this court and to conclude that severance pay and accumulated holiday pay fall within the definition of family assets under the Family Relations Act.
[15] The sum received as compensation for the defendant's involuntary early release as an inducement for that release, in my opinion is in a different category. Although the fund occurs as a result of employment, by its nature it is not an asset and would more appropriately be considered a form of income which would normally be earned in the future presented to the defendant now as the inducement to leave his employment. This fund does not have a characteristic of being a benefit that was earned or accrued during the course of marriage or the employment, the taking of which was postponed, such as holiday leave. In my view, it is important that the payment which is made to the defendant at this time has no impact on the pension which would otherwise be payable to him. The decision of the Court of Appeal of this Province in Penner v. Penner concluded that an inducement to take early retirement was not a family asset despite that inducement payment reducing the pension which would otherwise be received. In the case at bar that latter factor impacting upon the pension otherwise payable is absent.
[16] Mr. Justice Owen-Flood, in Durling (June 21, 1991), with reference to this issue, stated as follows:
"In Penner, the payment was a gratuitous offer on the part of the employer. The employee did not have a pre-existing right to it. (As in the case at bar.)
That is a different circumstance from that at bar where the right to the severance benefit is one that was earned in part during the period of the marriage."
[17] In my view, the above distinction is well taken, especially in the case at bar as the gratuitous payment by the employer to induce early retirement has no adverse impact on the plaintiff's share of the pension benefit.
[18] Consequently, the sum of $40,167.00 to be paid to the defendant as an inducement for early retirement is not a family asset; special leave on release, accumulated past annual leave and 1994 leave and severance pay are family assets.
(d) The principles restated
These appear to be the necessary elements for a payment made on termination of employment to qualify as a family asset:
(i) it must not be gratuitous but, rather, be a pre-existing entitlement (by, for example, the contract of employment).
(ii) it must have accrued during the relationship (or by reference to service during the relationship).
(iii) while it does not have to have been paid, if not paid or payable, it must be capable of being valued.
Therefore: entirely gratuitous payments do not qualify as family assets (even if they, to some extent, compensate for reduced value of the pension resulting from not working to the normal retirement age).
4. Application of the principles in case law
(a) A gratuitous inducement to retire is not a family asset
This category would include a payment of money, entitlement to additional leave, or compensation for additional leave: Penner, supra. While Penner in many respects appears to have been distinguished by subsequent cases, it still stands for this basic proposition; see also Phillips v. Phillips, 2001 BCCA 428); King v. King, [1999] B.C.J. No. 1569 (B.C.S.C.); Pevecz v. Pevecz, [1995] B.C.J. No. 1155 (B.C.S.C.); Zander v. Zander, [1995] B.C.J. No. 444 (B.C.S.C.); Cameron supra; Sweet v. Sweet, [1997] B.C.J. No. 3076 (B.C.S.C.).
In Sweet, supra, Quijano J. said:
Here the payment that was made to Mr. Sweet was a payment made on the basis of an offer to all employees in his category for a flat payment of a six-month base salary. It clearly bears no relationship to contributions made by him during the course of employment or by the fact of the length of his employment. It is not an entitlement which accrued during his employment. Therefore, although the payment was made to him as a result of his employment, it is, as in Cameron, more appropriately considered to be a form of income which would have been earned in the future, but was offered as an inducement to leave employment; therefore, it is not a family asset.
(b) Compensation for lost wages or in lieu of notice is not a family asset
See, e.g., Dzuba v. Dzuba, [1983] B.C.J. No. 536 (BCSC); Stephens supra; Sweet supra; Smith v. Smith, [1995] B.C.J. No. 787 (B.C.S.C.); Jenkins v. Jenkins, [1993] B.C.J. No. 1191 (B.C.S.C.); Hickley v. Hickley (6 January 1982), Vancouver A801605 (B.C.S.C.).
A technical issue that had to be resolved was the test described in various cases (including Cameron, supra) that seemed to suggest that all benefits determined by reference to service during the relationship were family assets. Some kinds of benefits are calculated in that manner, but perform functions that take them out of the category of family assets. This was explained very well in Jenkins, supra:
The issue here is whether the severance pay received by the respondent, $46,600, is a family asset...
The respondent says the severance pay is not a family asset because the right to severance pay for dismissal without cause does not fit within the definition of family asset in section 45, particularly as it was paid after separation to compensate for a dismissal that occurred after separation.
The petitioner argues this amount paid in lieu of notice is a family asset because the quantum received reflects the employee's length of service, that is, it was a benefit or protection earned during the marriage.
In my view, this sum, in the circumstances of this case, is not a family asset; in the language of section 45(2), it is not "property owned by [the respondent] and ordinarily used by a spouse ... for a family purpose ". Nor does it fit within one of the interests listed in section 45(3). I say this because the sum of $46,600 was not received, and accordingly not used, by any member of the family prior to separation and since separation the moneys have been used as income by the respondent for his own purposes.
In my view, a sum paid in lieu of notice is unlike an entitlement under a written contract whereby a severance or retiring allowance is earned according to a formula and is payable whether or not the individual assumes new employment. In the latter case, a family may rely upon this benefit as a forced saving and base future security plans upon it. In the case of money paid in lieu of notice, whether achieved through litigation or voluntarily paid by an employer, there is no such certainty. Given an employee's obligation to mitigate damages arising from wrongful dismissal, it is not uncommon for a person who, by dint of long service, would be entitled to a significant damage award in the event they fail to obtain replacement employment, to find their entitlement to damages has evaporated upon obtaining new employment within the notice period.
The theory of severance pay, where there is no contractual language establishing entitlement, is that an employee should be compensated for loss of income the employee would have received had the employee worked the notice period: Prince v. The T. Eaton Co. Ltd. 67 B.C.L.R. (2d) 226. From this amount is deducted any employment income the person received during the notice period to ensure the employee is not compensated twice.
In the case at bar, the parties were not assured they would receive a sum as severance pay for dismissal without notice because the respondent's ability to mitigate his damages was uncertain. In the words of Judge Wong (as he was then) in Hickley v. Hickley, Vancouver A801605, January 6, 1982, (B.C. Co. Ct.) at p. 7: I do not view damages paid in lieu of appropriate notice for dismissal in the same category as a pension, home ownership or retirement savings plan or annuity. I am of the view that it is basically compensation for loss of income.
Counsel for the petitioner pointed me to several cases in which either funds in settlement of a wrongful dismissal case were received prior to separation and paid into an RRSP account, or were paid pursuant to written terms of a contract or policy which established a formula entitlement on cessation of employment: Warner v. Warner (1991), 33 R.F.L. (3d) 228; Warrington v. Warrington, [1991] B.C.J. No. 602, New Westminster D023509, March 15, 1991; Durling v. Durling, [1991] B.C.J. No. 2694, Victoria 22766, August 20, 1991; Henry v. Henry, [1992] B.C.J. No. 1522, Chilliwack 5904/7884, June 2, 1992. In my view these cases are all distinguishable from the case at bar because, unlike this case, they involved funds received prior to separation and placed in the family's savings pool or were specific entitlements payable to the former employee in all circumstances.
The petitioner also referred me to decisions from other provinces. With the exception of an Alberta case, Berghofer v. Berghofer (1988), 15 R.F.L. (3d) 199, they all involved specific entitlements to severance pay on which the employee could rely, or were received before separation and placed in the family's pool of savings. In Berghofer v. Berghofer the court found that a sum paid in lieu of notice was a family asset. Given the differences in the Alberta and British Columbia legislation, the lack of information in that decision describing the circumstances in which the funds were paid, and the jurisprudence in British Columbia which distinguish payments made in lieu of notice from other payments also loosely called severance pay, Berghofer v. Berghofer is not a case on which I should rely.
For these reasons I do not include the sum of $46,600 received by the respondent from his former employer as a family asset to be divided between the parties.
(c) Banked holiday time paid or payable at the time of marriage breakdown is a family asset:
See, e.g., Cameron, supra; Stewart, supra.
The rationale is explained by Melvin J. in Cameron, supra as follows:
...payments were created by the terms of employment that the defendant had with his employer. They were an outgrowth of the efforts of both parties during the course of the marriage and were created as a result of the defendant making certain choices during the marriage, which impacted on the family unit. Consequently, they were family assets.
(d) Banked holiday time accumulated after separation is not a family asset:
See, e.g., Davies, supra; Sweet, supra; Clarke v. Clarke, [1999] B.C.J. No. 156 (B.C.S.C.).
(e) Bank holiday time accumulated before the relationship is not a family asset:
See, e.g., Zander, supra --but this may be distinguishable, since the fact that the asset was brought into the relationship is a factor for reapportionment, not as to whether it is a family asset.
(f) Banked holiday time not payable at the time of marriage breakdown is not a family asset:
See, Lenning v. Lenning, [1987] B.C.J. No. 351 (B.C.S.C.); Christensen v. Reid, [1997] B.C.J. No. 1023 (B.C.S.C.).
An exception may exist if the asset had been valued, or was capable of valuation. Cameron, supra. In Christensen, supra, however, it was doubted that the asset could be valued while the spouse was still an employee.
(g) Compensation for reduced pension is not a family asset:
See Penner, supra. The pension was reduced in value by $32,000, but offset by severance payment of $35,000.
(h) Money paid in lieu of pension is not a family asset:
See Penner, supra.
(i) Contractual right that accumulates (in whole or in part) during the relationship is a family asset:
See Cameron, supra; Durling, supra; Stewart, supra; Warrington, supra; Berghofer v. Berghofer (1988), 15 R.F.L. (3d) 199 (Alta. Q.B.); Gasparetto v. Gasparetto (1988), 15 R.F.L. (3d) 401 (Ont. H.C.); Zander, supra; Davies v. Davies (1995), 15 R.F.L. (4th) 394 (B.C.S.C.); Davies v. Davies, [1999] B.C.J. No. 1578 (B.C.S.C.); King, supra; Overton, supra; Moslinger v. Moslinger, [1993] B.C.J. No. 2945 (B.C.S.C.); Melson v. Melson, [1996] B.C.J. No. 1505 (B.C.S.C.); contra: Leppard v. Leppard, [1991] B.C.J. No. 1053 (B.C.S.C.).
5. Issues that arise if a severance payment qualifies as a family asset
A single payment may have different components, some of which may qualify as family assets and some of which may not: Warrington, supra; Davies (1995), supra. An example would be a severance payment, part of which accrued during the relationship and part of which accrued after the parties separated.
Another example would be a payment, part of which was based on past service, part of which is compensation for future service: Davies (1995), supra.
The court may distinguish between the different components of the payment If it is not possible to distinguish between the components, or no evidence is led by which it can be determined the extent to which part of the asset is not a family asset, the court will treat the whole of the payment as a family asset: Davies (1999), supra; King, supra.
One method of dividing a severance payment is to apportion pro-rata, using a Rutherford-type fraction: Durling, supra; Dennie v. Dennie, [1993] B.C.J. No. 2430 (B.C.S.C.); Fotheringham v. Fotheringham, 2001 BCSC 1367. This method may also be used to divide a severance payment that will not be payable until a future date: Durling, supra; Dennie, supra.
Another method is to calculate the values of the respective components on an actuarial basis: Gasparetto, supra. The calculations should be net of tax: Durling, supra; Gasparetto, supra.
6. Can a severance payment not payable until some future date
qualify as a family asset?
There is a division in the cases concerning whether there is a requirement that the severance be paid or currently payable, or whether even future payments may qualify as family assets.
Some judges have proceeded on the basis that it is relevant that the payment has already been made-Warrington, supra; Christensen, supra; Grainger v. Bush, [1998] B.C.J. No. 2277 (B.C.S.C.); Stewart, supra-or at least that it is valued, or capable of being valued.
Other judges have not been troubled by the fact that the asset is not payable until a future date: Durling, supra; Dennie, supra; Cameron, supra; Carrothers v. Carrothers, [1997] B.C.J. No. 1535 (B.C.S.C.). Eddy v. Eddy, [1994] B.C.J. No. 3071 (B.C.S.C.).
B. Deposit in an RRSP or Acquiring further Pension Entitlement
It is quite common to find that a person who receives a severance payment deposits it into an RRSP, because that usually achieves the best tax position. RRSPs are family assets by definition.
There is some case law that supports the position that placing a non-family asset into an RRSP does not make it a family asset: Booth v. Booth, [1990] B.C.J. No. 1358, for example, on the basis that equity looks to the substance and not the form of the transaction. And that was also the result in Penner, supra, although the Court of Appeal did not directly address the fact that the payment had been placed in an RRSP.
The majority of cases, however, have accepted--with very little doubt--that conversion into an RRSP makes the deposit a family asset without the need to prove use for a family purpose: Jering v. Jering (1987), 7 R.F.L. (3d) 42. (Man.C.A.).; Bates v. Bates (1987) 14 B.C.L.R. (2d) 225 (B.C.C.A.).; R.S.W. v. A.T.W., [1997] B.C.J. No. 3065 (B.C.S.C.); Eddy, supra; Clarke v. Clarke, [1997] B.C.J. No. 2869 (B.C.C.A.); Pevecz, supra; Berikoff v. Berikoff [1998] B.C.J. No. 1592 (B.C.S.C.); Seed, supra; Fright v. Fright, [1997] B.C.J. No. 304 (B.C.S.C.); McLaren, supra.
Similarly, using severance to purchase additional pension entitlement effectively converts the payment into a family asset: King, supra; Wheatley v. Oliver (1996), 22 R.F.L. (4th) 91 (B.C.C.A.).; Berikoff; King, supra; Fright, supra.
C. Reapportionment
Courts may take into account the source of funds when considering the division of a family asset and reapportioning entitlement. In some cases, for example, family assets have been reapportioned to give the terminated employee credit for the severance payment: See, e.g., Berikoff, supra; Eddy, supra. In Eddy, for example, the court accepted that the terminated employee would require retraining to be economically self-sufficient and therefore reapportioned entitlement to the severance payment that would be payable when the member retired 100 per cent to the member.
XXII. Constructive Trusts and Pensions
A. Overview
Part 6 of the FRA provides rules for dividing pensions between legally married spouses on marriage break up.
Application to unmarried spouses: The Part 6 pension division rules may also apply between unmarried spouses (of the same or opposite sex) if
(a) they agree ( FRA, s. 120.1), or
(b) the court finds that the spouse is entitled to a share of the member's pension on some other basis, such as by way of a constructive trust, on principles of unjust enrichment: see Dorflinger v. Melanson (1994) 91 B.C.L.R. (2d) 91 (B.C.C.A.); Hinder v. Beharrell, [1993] B.C.J. No. 1516 (B.C.S.C.) ; Maloney v. Maloney (1993), 109 D.L.R. (4th) 161 (Ont. Gen. Div.); Thibert v. Thibert (1992) 66 B.C.L.R. (2d) 93 (B.C.C.A.); Gregory v. Gregory (1994), 92 B.C.L.R. (2d) 133 (B.C.S.C.); Sigvardsen v. Stanley, [1996] B.C.J. No. 1429 (B.C.S.C.); Fraser v. Fraser (1995), 16 R.F.L. (4th) 112 (B.C.S.C.); Manley v. Buckmaster, 2000 BCSC 1145.).
When a spouse dies: The FRA pension division rules have limited application when one of the spouses dies. Rights in such a case depend upon
(a) whether a triggering event occurred before the death: see Wong v. Wong, [1991] B.C.J. No. 2280 (B.C.S.C.)) or, if not
(b) the court finds that the spouse is entitled to a share of the member's pension on some other basis, such as trust principles or principles of unjust enrichment: see Gregory v. Gregory (1994), 92 B.C.L.R. (2d) 133 (B.C.S.C.).
B. Is a causal link required between the contributions and the pension?
Some B.C. courts have held that it is not possible to establish an interest in a pension on the basis of unjust enrichment because there is no direct link between any contribution made by the claimant and the acquisition of the asset: see: Wong v. Spencer, [1995] B.C.J. No. 2571 (BCSC); Strachan v. Brownbridge (1997), 36 B.C.L.R. (3d) 368 (B.C.S.C.); Bebbington v. Carter (1997) 28 R.F.L. (4th) 305 (B.C.S.C.); Thompson v. Johnson, [1993] B.C.J. 664 (B.C.S.C.); Nemeth v. Timperly (1997), 33 B.C.L.R. (3d) 8 (B.C.S.C.).
One of the few situations in which a link may be found between the spouse's contributions and the pension is where the spouse contributed to the member's education, which allowed the member to attain the qualifications to obtain the pensionable employment: see, e.g., Thompson v. Floyd, [1999] B.C.J. No. 2268 (BCSC) Williamson J.; Maloney v. Maloney (1993), 109 D.L.R. (4th) 161 (Ont. Gen. Div.).
Green v. Melnyk, [1998] B.C.J. No. 1466 (BCSC) Davies J., is also of interest. The court found a resulting trust in favour of the spouse based on the fact that she had signed a waiver, allowing the member to take a single life pension on his promise to look after her. The single life pension allowed slightly higher payments to be made during the member's life, since it provided no survivorship benefits.
C. Beblow holds that indirect contributions can support
a constructive trust against a pension
The cases requiring a direct causal link appear to be relying upon Peter v. Beblow [1993] 1 S.C.R. 980, the leading case, as requiring that such a link exist.
It should be noted, however, that judges in these cases:
(1) have not followed binding precedent in the form of the B.C. Court of Appeal decisions mentioned above that did find that a constructive trust would lie against a pension in order to prevent unjust enrichment; and
(2) appear to have misread Peter v. Beblow.
At one point, in Peter v. Beblow (1993), 44 R.F.L. (3d) 329 (S.C.C.), McLachlin, J. states (at p. 342) that:
[F]or a constructive trust to arise, a plaintiff must establish a direct link to the property which is the subject of the trust by reason of the plaintiff's contribution.
But then McLachlin J. goes on to say:
Clearly, the appellant's contribution -- the "value received" by the respondent -- was considerable. But what then of the "value surviving"? It seems clear that the maintenance of the family enterprise through work in cooking, cleaning, and landscaping helped preserve the property and saved the respondent large sums of money which he was able to use to pay off his mortgage and to purchase a houseboat and a van. The appellant, for her part, had purchased a lot with her outside earnings. All these assets may be viewed as assets of the family enterprise to which the appellant contributed substantially.
The question is whether, taking the parties' respective contributions to the family assets and the value of the assets into account, the trial judge erred in awarding the appellant a full interest in the house. In my view, the evidence is capable of supporting the conclusion that the house reflects a fair approximation of the value of the appellant's efforts as reflected in the family assets. Accordingly, I would not disturb the award.
Courts requiring a strict link between the acquisition of the pension and the contributions are in error. Beblow holds that there must be a link, but the link need not necessarily be direct. The SCC considered that it was an error on the part of the lower courts that they concentrated on the fact of the link to the specific asset, where the correct approach was to detect the link between indirect contributions and all family assets. In such a case, it was then appropriate to focus on one asset to compensate for the others. (One of the assets considered in Peter v. Beblow was a War Veteran's Allowance which, presumably, was taken into account in determining the common law spouse's share of family assets which were compensated by a share in the family residence secured by a constructive trust.)
XXIII. Pension Benefits Division Act
A. In force
The PBDA came into force September 30, 1994. The discussion below provides a general overview. A much more detailed examination of the PBDA is to be found in the course materials Family Lawyers' Guide to Pensions and RRSPs (CLE, 2000).
B. Application
The PBDA applies to federal public sector pension plans, namely, plans established under:
Canadian Forces Superannuation Act
Defence Services Pension Continuation Act
Diplomatic Service (Special) Superannuation Act
Governor General's Act
Lieutenant Governors Superannuation Act
Members of Parliament Retiring Allowances Act
Public Service Superannuation Act
RCMP Pension Continuation Act
RCMP Superannuation Act, and
pension plans or retirement compensation arrangements established under the Special Retirement Arrangements Act
The PBDA applies only to the Acts listed above. It does not apply to
- pensions established under provincial jurisdiction
- federally regulated occupational pensions governed by the federal Pension Benefits Standards Act, or
- CPP or OAS.
C. Provides a Mechanism for Pension Division
The Act does not create a jurisdiction to divide pensions on the breakdown of a relationship. It operates when provincial legislation allows spouses to divide a pension as a family asset, and the spouses have their entitlement to the pension determined by an agreement or court order. In such a case, the PBDA provides the mechanism for dividing the pension. (Part 6 of the FRA would not apply to these pensions, or does so only to the extent that it characterizes them as "extraprovincial plans" divisible according to the rules set out under their governing legislation: FRA, s. 77(3))
D. Married and Unmarried Spouses
The Act applies to married spouses and to common law partners (of the same or opposite sex) when their relationship breaks up.
If there is no order of divorce, nullity or judicial separation, the Act will not apply unless the spouses have been living separate and apart for at least one year.
Although the B.C. FRA does not automatically confer rights to share in a pension on unmarried spouses when the relationship ends, nothing prevents the spouses from agreeing on such a division, or from the court recognizing such rights by, e.g., a constructive trust: Dorflinger v. Melanson (1994) 91 B.C.L.R. (2d) 91 (B.C.C.A.).
E. Making the Application
The application for division must be in writing. Each plan has its own forms. The application can be made by either the plan member or the spouse. The application must include a certified copy of the court order or the spousal agreement dividing the pension. The non-applicant receives notice from the plan that the application has been made (but not the actual application, so personal information--such as the applicant's address--is protected).
The non-applicant has 60 days to file a notice of objection if
(a) the agreement or court order has been varied or is no longer valid,
(b) the pension entitlement has been satisfied by other means, or
(c) the court order is being appealed or proceedings to review the agreement have been commenced.
F. Old orders and agreements
Pension division is available even if the agreement or order was made before the legislation came into force, but the agreement or court order must provide for a final, irrevocable share. Problems may arise, e.g., where the agreement or court order is variable, such as where division is by way of maintenance. Even where the agreement or order characterizes the division as a property settlement, terms that depart from the idea of a final division may cause problems, (such as, for example, an agreement that provides that the spouse is entitled to have the pension unless the spouse pre-deceases the member, in which case the whole of the pension reverts to the member).
G. Where a Member or Spouse has Died Before Division
An application can be made if the death occurred on or after September 29, 1992. If the person died before the PBDA came into force, the application had to have been made by March 31, 1996. If the death occurs after the PBDA came into force, the Regulations provide that the application must be made within 18 months of the death. (Pension Benefits Division Regulations SOR/94-612, para. 6(1)) although this paragraph of the Regulations was found to be ultra vires in Smith v. Canada (A.G.) (1999), 22 C.C.P.B. 229 (Fed. T.D.).
H. Method of Division: Lump Sum Transfer
Once approved, a lump sum is paid out to the credit of the non-pensioned spouse. It is usually transferred to a retirement savings vehicle selected by the spouse . This method of division is available for matured and unmatured pensions.
The valuation is on a termination basis of benefits that accrue during the relationship, based on guidelines included in the Pension Benefits Division Regulations. These guidelines differ in many respects from the Standard of Practice for the Computation of Transfer Values from Registered Pension Plans and the Standard of Practice for Marriage Breakdown Computations, promulgated by the Canadian Institute of Actuaries. The valuation is relatively generous because in most cases the pension is indexed and the valuation takes the indexing into account.
The non-member is entitled to no more than half of the amount that accrues "during the period subject to division". In most cases, the spouse will be entitled to 50 per cent of the pension that accrues from the date of marriage to the date of separation. If a part of the pension accrues before marriage, while the spouses were cohabiting, the parties may agree, or a court may order, that part to be divided as well: Baker v. Baker (1998), 34 R.F.L. (4th) 364 (BCSC). Post-separation accruals and pre-cohabitation accruals--i.e., accruals during times when the spouses were not cohabiting--are divisible only if a court so orders (see PBDA, ss. 8(2) and (3)).
If a member has already retired and is receiving the pension, the valuation will not include the pension payments that have already been made.
The court order or spousal agreement may provide for the payment of a smaller lump-sum amount. If it provides for the payment of a larger lump-sum amount, any shortfall between this amount and the amount the PBDA allows to be transferred must be satisfied in some other way.
The transfer to the spouse is usually to a prescribed pension vehicle, such as an RRSP. This is not the case, however, for Retirement Compensation Act benefits.
If there is a portion of the value that relates to Retirement Compensation Arrangement ("RCA") benefits, this portion is payable directly to the spouse, with tax withheld at source. It cannot be transferred to an RRSP even if the spouse has RRSP "room". RCA benefits are top-up or supplementary pension plans for high income earners in the public service. RCA benefits are currently applicable where the member's average salary is above about $100,000 or if the member received a waiver of early retirement reduction under the Early Retirement Initiative (ERI) program in effect between 1995 and 1998. The ERI was available to employees between 50 and 55 laid off from certain departments. There is no need to specify RCA benefits in the agreement or order. They will be divided automatically if applicable because they are linked to the benefits under the plan.
I. Estimating the Value
The plan will estimate the value if it receives a written request. The value is referred to as the MTA (the "maximum transferable amount") in the plan's report. Note that this valuation is not intended to be the same value that would be placed on the pension (and on the spouse's share) by an actuary where the spouses decide that the member will keep the pension and make a compensation payment to the spouse. The amount calculated under the PBDA is subject to limits to avoid prejudice to the plan and its other members. (In some cases, however, the PBDA value will be greater than the amount that an actuary would determine for a compensation payment. For example, an actuary takes the member's mortality into account. If the member's health is poor, that will affect the valuation. The PBDA valuation, however, is based on standard mortality tables, and does not take the member's actual health into account).
Where the transfer takes place after the member has retired, the amount transferred to the credit of the spouse may not be enough to purchase an annuity that will pay a monthly amount equivalent to what would have been received under a Rutherford-type benefit split. This occurs if
(a) the spouse is younger than the member, or
(b) if the spouse and member are the same age, the spouse is female.
In either case, the spouse is assumed to have a longer life expectancy than the member, so that the annuity pays a smaller monthly amount on the theory that it will be paid for a greater length of time.
J. Tips and Traps
1. Methods for speeding up the process
Division under the PBDA is a slow process. The time from initial request to the actual transfer of funds to the credit of the spouse may take between 6 months to a year. In part, this is because of requirements under the Act that require notice be given to the member and that provide time for the member to object.
There are some options, however, for speeding up the process, or avoiding undue delay.
(a) Request division of the pension only
The process consists of two parts:
(a) a request for information about the maximum transferrable value to the spouse and
(b) an application for division of the pension.
Although it is usually prudent to request information concerning the value of the pension, it is not a precondition to division that step (a) be taken. It would be possible to simply file the forms for division of the pension.
(b) Have the member write a letter consenting to the division
When an application for division of the pension is made, the member is given 60 days to object. A letter from the member advising that the member consents to the division and waives the 60 day period for filing an objection should allow the process to be completed more quickly.
The member--or the spouse, if the member applied for division--can waive the right to object, but only after the notice has been received. The administrators of the PBDA need to be assured that the non-applicant spouse understands the grounds for objection, etc. before a waiver will be accepted. Similarly, an agreement or order may state that the non-applicant spouse will not object, but the PBDA administrators still provide that opportunity and still evaluate the merits of any objection that is made.
(c) Certified documents
When an application for a statement about the MTA is made, the application must be accompanied by specified documents--usually a certified copy of the marriage certificate and of the court order or agreement dividing the pension.
Theoretically, it is not necessary to send these documents in a second time, when the application for division is made, since they will be on file.
But the federal government is vast, and different sections may be responsible for (a) calculating the MTA and (b) carrying out the actual division. In these cases, documents sometimes go astray. When that happens, a month or two of additional delay is incurred, and a request will be made to the spouse to provide the additional documents.
It is good practice to have two copies of the necessary certified documents, and simply send copies in at each stage of the process.
2. Timing of the pension division and how it affects value
The value placed on the pension can change significantly over night because of the rules used for calculating the maximum transferrable amount. Either spouse can apply for division (once there is an agreement or court order dividing the pension). If a member is concerned that delay will affect the part the member keeps, the member does not need to wait and can apply on behalf of the spouse.
(a) How vesting affects a pension's value
When a pension "vests" if means that the member has satisfied the requirements under the plan to qualify eventually for a pension (even if the member ceased to be employed, a pension would be payable): SOR/94-612, s. 2.
The value of the pension after it has vested is significantly greater than before it has vested. If the member is not vested, the MTA is based on the contributions made during the period subject to division--placing a very low value on the pension. If acting for the spouse, it is important to wait until the pension is vested before applying for division.
The vesting rules vary from plan to plan--and can vary by type of member within a plan. Here is a list:
(a) 2 years pensionable service: pensions under the Public Service Superannuation Act.
(b) 5 years pensionable service: pensions under
(i) the Lieutenant Governors Superannuation Act, or
(ii) the Diplomatic Service (Special) Superannuation Act,
(c) 10 years of service: pensions for
(i) members of the regular force, Canadian Forces Superannuation Act, or
(ii) regular members of the force, Royal Canadian Mounted Police Superannuation Act, (it is 5 years if the member is a civilian).
(b) How assumptions about retirement date
affect a pension's value
The value of the pension varies depending on how close to retirement the member is, and whether the member has retired.
The valuation of the pension before retirement is made based on information about when members of the plan take retirement. A pension, however, is typically worth more the earlier the member takes retirement. That fact is not reflected in the MTA. For example, if the pension is valued before retirement when the member is, for example, 55, the calculation will assume the member takes retirement at some later date. If the member, however, retires the next day, the actual value of the pension will be significantly greater than the valuation. (If, however the member postpones retirement after the date at which it is assumed members will ordinarily retire, delaying the MTA valuation of the pension will result in decreased values.)
(This is a complicated area, and these comments must be understood as being of a general nature. While it is generally true that, all things being equal, a greater value is placed on the pension if the member takes early retirement than if the member continues in employment, there are exceptions. In some cases, for example, the valuation assumptions take into account the possibility that the member will qualify for an unreduced pension by working for several more years. If the member immediately retires with a reduced pension, the value would be lower. Under the Public Service Superannuation Act, for example, an employee who retires at age 55 with at least 30 years of service qualifies for a full pension (i.e. no reduction for early retirement). The probability of this occurring will be taken into account when valuing the pension of a 45 year old employee who has at least 20 years of service. However, if the employee terminates employment at age 45, entitlement to a full pension is delayed to age 60, which produces a lesser value.)
Members in the midst of property division proceedings frequently want the spouse to receive the lowest amount of the pension possible--believing that means they keep more of the pension. However, after a pension has vested, the adjustments to the member's pension do not depend on the value assigned to the spouse's share-the member loses half the credited service, not its value. Whatever value is placed on the spouse's share, the member keeps the same amount of pension. Trying to reduce the value of the spouse's share by playing cards close to the chest about retirement plans, for example, merely results in benefitting the plan.
(c) Adjusting the member's pension
if division takes place before vesting
The member benefits if the division takes placed before vesting. If the spouse's share is based on the non-vested value of the pension (e.g. contributions and interest) and later the member becomes entitled to a pension, the member's pension is adjusted to reflect the amount paid, not the value of that service had the member been vested. If, for example, the non-vested amount was 1/3 of the vested value, the reduction to the member would be 1/3 x ½ of the pension for that period (i.e. 1/6) rather than ½.
After a pension has vested, it is usually in the best interests of the spouse and member for the spouse to receive the largest value possible on the share of the pension (this may, for example, reduce the spouse's support needs, or affect how other assets must be divided).
(d) How interest rate assumptions affect value
Changes in interest rate assumptions also affect value. This is not really a factor that can be predicted when timing the division of the pension. But it is important to be aware of this factor, since the value set out in the MTA statement may differ from the amount actually transferred because of changes in interest rate assumptions that have occurred between the making of the statement and the actual transfer date.
The assumed rate of return (minus inflation because the plan is indexed to the cost of living) is set monthly. It usually doesn't vary much from month to month but even a .25% change will make a noticeable difference.
(e) Summary
In short, before making an application under the PBDA, the lawyer for the spouse should
(a) ascertain whether the member's pension has vested and, if not, when it will vest, and
(b) inquire about the member's retirement plans,
to ensure that the application for division under the PBDA is submitted at the optimum time.
3. Common Mistakes to Avoid
(a) Application can only be made after the parties divorce,
or have been separated for one year
The way most matrimonial files proceed, it is rare to have a problem that arises from too prompt an application. However, occasionally the PBDA application is filed too soon.
The Act permits pensions to be divided only after
(a) the member and spouse have divorced (or their marriage has been annulled), or
(b) the member and spouse have lived separate and apart for at least one year (PBDA, s. 4(2)).
If the application is made too soon, it will be rejected.
(b) Severance is not divided under the PBDA
Various benefits are payable to persons in the public sector when they terminate employment (particularly to the RCMP and persons in the armed forces). Many of these benefits qualify as divisible family assets (see the discussion in these materials about Employment Termination Benefits).
It is a relatively common mistake to assume that these benefits are taken into account in the valuation under the PBDA. The PBDA, however, does not provide a mechanism for dividing any benefits paid on termination of employment, other than the employee's pension. Arrangements for other benefits must be dealt with separately.
(c) Drafting the order or agreement
Orders or agreements providing for PBDA division are sometimes ambiguous when they provide for the transfer of a specific sum of money-usually the amount set out in the MTA. Is it intended to set an upper limit on what can be transferred?
If it is intended that the spouse receive the full value (i.e. the MTA), the agreement or order should not mention the estimated amount. This only serves to set an upper limit on what can be paid under the PBDA. It must be remembered that the MTA is only an estimate, and that the calculation may produce a higher or lower amount (for reasons discussed above). Setting out the specific amount will not ensure the spouse receives that amount if, for example, the MTA calculations at the time of transfer produce a lower value. On the other hand, if the calculations produce a higher value than the original estimate, the excess would not be transferred to the spouse.
Similarly, if it is intended that an amount be deducted to compensate for some other asset being retained by the spouse, this is best accomplished by stating that the spouse is entitled to the MTA minus X dollars.
If both spouses are members of the plan and wish to have the entitlements equalized, it would be preferable to stipulate in general terms that one MTA is to be deducted from the other, rather than indicate a specific amount based on estimates. The problem with relying on estimates in this situation relates not only to the fact that the estimates may be inaccurate because they were done in the past but also that they would probably have been calculated on different dates, perhaps with different interest assumptions.
If interest is to be added to a lump-sum, this needs to be set out precisely in terms of the period (e.g. from the date of the agreement to the date of the PBDA payment), the interest rate, and method of calculation (e.g. compounded annually). Interest is considered to form part of the lump sum, therefore, any amount up to the MTA can be paid.
The agreement or court order should avoid specifying conditions on the valuation (for example, "value the benefits as of the date of separation," or "assume that the member will retire next year," etc.). The method of valuation is prescribed, so that any conditions that are inconsistent with the regulations cannot be taken into account. The valuation must be done in the prescribed manner. The parties would have to arrange for an independent valuation if they wished to arrive at a settlement on a different basis. They could then apply under the PBDA for payment of an amount up to the MTA.
(d) Survivor benefits
If the couple is not divorced and don't expect to become divorced, they should consider the impact of a division on survivor benefits. A separated spouse normally qualifies for the standard survivor allowance equal to approximately ½ of the member's pension but will not be eligible for benefits on that portion of the member's service in respect of which a division has been received. Therefore the couple may wish to forego the division or effect the division by some others means.
Once the couple divorces, however, survivorship benefits are no longer available to the former spouse.
There is no adjustment to a survivor allowance payable to a different spouse (e.g. if a division is paid to spouse #1 and the member remarries prior to retirement).
XXIV. Disability Benefits
A. Types of disability benefits
There are a variety of disability benefits, such as:
1. CPP disability benefits
2. Disability insurance benefits: short term and long term disability insurance
3. Employment disability pensions
4. Military disability pensions
5. Workers compensation benefits
A continuing issue is the extent to which these kinds of benefits are divisible as family assets. This is a very complicated topic, and the comments below represent an overview of case law and issues. The case law is not entirely satisfactory.
Leading cases represent decisions made at different points of an evolving legal analysis of pension issues. Some early precedents rely on grounds that have since been rejected as having any significance.
The Court of Appeal has signaled in several cases a willingness to reconsider the law governing the division of disability benefits (Meier v. Meier (1995), 17 R.F.L. (4th) 40 (BCCA); Coulter v. Coulter (1998), 60 B.C.L.R. (3d) 6 (BCCA); McLure v. McLure (1999), 45 R.F.L. (4th) 31 (BCCA)) on the basis that they have a hybrid quality (they represent an asset, but the asset provides replacement income, and income is not considered an asset). But this invitation has yet to be accepted. It is possible that the inconsistencies in case law will not be resolved by anything short of legislative restatement.
B. Are disability benefits divisible as family assets?
Each of the types of disability benefit listed above has been considered by courts to determine whether it is divisible as a family asset, with the following results:
Divisible as family assets:
1. CPP disability benefits
2. Disability insurance benefits: short term and long term disability benefits
3. Employment disability pensions
Not divisible as family assets:
4. Military disability pensions
5. Workers compensation benefits
C. Analysis of the different types of disability benefits
1. CPP disability benefits
CPP disability benefits qualify as a pension and, as such, are family assets by definition (FRA, s. 58(3)(d)): Webb v. Webb (1985), 39 R.F.L. (2d) 280 (BCSC); Coulter v. Coulter, supra.
The Part 6 pension division rules, however, do not apply to CPP disability benefits. Pension division of CPP is under the terms of the governing federal Canada Pension Plan Act, which provides for equalization of unadjusted pensionable earnings. Equalization of CPP will probably result in reducing the disability benefit, with no offsetting amount being payable to the member's spouse (until the spouse qualifies for the normal CPP benefit). For this reason, in Coulter v. Coulter, the BCCA reapportioned the CPP disability benefit 100 per cent to the member, and protected the spouse by awarding support. The ruling was expressly held not to be binding on subsequent courts which may come to different decisions concerning CPP disability benefits on expert testimony:
7 The status of Canada Pension Plan entitlements and benefits was the source of some confusion on this appeal. Written submissions requested from counsel have been received. I have reviewed those submissions, which are helpful, and my conclusions follow. I wish to add the caveat, however, that my conclusions should not be considered definitive for future cases in view of the apparent complexity of the issues and the absence of any expert opinion.
8 The husband currently receives a Canada Pension Plan disability pension of $1,047.40 per month. It will be reduced to $878.40 per month when the parties' 17-year old son Ben turns 18 next July. Payments are indexed to the cost of living.
9 The trial judge held the Canada Pension Plan Disability Pension was a family asset under the Family Relations Act [now section 58(3)(d), R.S.B.C. 1996, c. 128]. He directed that it be divided pursuant to the provisions of part 3.1 of the Act. [now part 6]. The formal order simply states:
THIS COURT FURTHER ORDERS THAT the disability pension payable to the [husband] by the Canada Pension Plan is a family asset.
The Canada Pension Plan is not a 'local plan' as defined by s. 70 of the Act and is therefore an 'extraprovincial plan' as defined.
10 Section 55.1 of the Canada Pension Plan sets out a formula for the division unadjusted pensionable earnings, as defined, and s. 55.2(2) provides that a court order is not binding on the Minister with respect to a division. The wife is entitled to the share of the husband's unadjusted pensionable earnings determined by the formula, independently of any court order. The pensionable earnings, however, relate directly to the regular Canada pension payable on retirement and not to the Disability Pension payable to the husband in the interim. The difference between the regular pension and the disability pension has caused the confusion. The wife has an election. She can defer asking for a s. 55.1 division until normal retirement age or, alternatively, she can ask for division now. If she elects to defer, the husband's disability pension remains unaffected during the deferral period. If she applies now for a s. 55.1 division of the unadjusted pensionable earnings, the husband's disability pension will be immediately reduced by that election. The amount of the reduction is unclear on the evidence but counsel for the husband estimates it at about 50 percent.
11 On this analysis the husband's CPP disability pension, as distinct from unadjusted pensionable earnings, cannot be divided directly. The trial judge apparently accepted that the division of unadjusted pensionable earnings on the s. 55.1 formula was fair. I do not think that there is any error in that conclusion. However, he apparently also assumed that the effect of the division would be to give the wife the equivalent share of the disability pension. He was not aware that the effect of the division would be to substantially reduce the husband's disability pension, without transferring the amount of the reduction to the wife. To avoid that undesirable result, the disability pension should be allocated entirely to the husband and the wife should receive her 'share' of that pension through spousal maintenance. The notional portion of her maintenance which reflects her share of the CPP disability pension should only be payable if she does not elect to divide the unadjusted pensionable earnings before normal retirement. Otherwise the effect of the division will be to eliminate the portion of the disability pension that is the intended source of that maintenance.
2. Disability insurance benefits: short term and long term disability insurance
In Webb v. Webb (1985), 39 R.F.L. (2d) 280 (BCSC), Lysyk J. held that disability insurance benefits are pensions in that they provide periodic payments on involuntary retirement. As such, they qualify as family assets by operation of s. 58(3)(d) (which provides that pensions and annuities are family assets).
In other cases, where the disability insurance benefits are provided as a lump sum (and therefore cannot be considered to be a pension), they are nevertheless found to be family assets since the serve the family purpose of providing for the future security of the family unit. In Jiwa v. Jiwa (1992), 42 R.F.L. (3rd) 388 (BCCA), for example, it was said:
[para19] As to the Hartford Policy I think the admission as to its purpose removes any successful argument the defendant could advance that it was not a family asset. I take the admission in the agreed facts to mean that it was the intention of both Mr. and Mrs. Jiwa to take out this policy for the purpose of protecting the family security.
[para20] In my opinion, it is clear on these agreed facts that when the Hartford Policy was taken out and maintained that policy was then being ordinarily used for a family purpose within s. 45(2) of the Act. That family purpose is the provision for the future security of the family unit in the event of mishap leading to family income being lessened or lost.
3. Employment disability pensions and long term benefits
There is no serious doubt that if the employer's plan also pays a disability pension that this would qualify as a divisible family asset. See, e.g, Coulter, supra.
4. Military disability pensions
Pensions payable to veterans for disabilities incurred in military service have consistently been held not to qualify as divisible family assets. See, e.g., Robichaud v. Robichaud (1988), 17 R.F.L. (3d) 285 (BCCA). This line of cases stems from precedent decided only shortly after the FRA came into force.
There are, however, no grounds for treating these kinds of pensions differently, and the Webb analysis should apply here as well. But there is a problem in overcoming the weight of precedent, as described by Saunders J. in Campbell v. Campbell [1995] B.C.J. No. 770 (BCSC):
[13] The DVA pension has these several characteristics: first, it was wholly earned before the marriage; second, it is given in recognition of injury sustained while in wartime service; third, as it is paid under federal legislation, the amount of the pension is variable depending on rulings under that legislation. On the other hand, it must be considered that this pension formed part of the family income for over 40 years.
[14] Several cases in British Columbia have held that a DVA pension is not a family asset: Nevin v. Nevin (1980), 24 B.C.L.R. 127 (S.C.); Jarvis v. Jarvis (1982), 32 R.F.L. (2d) 144 (B.C.S.C.); Rafferty v. Rafferty (1984), 39 R.F.L. (2d) 374 (B.C.S.C.); Robichaud v. Robichaud, [1987] B.C.J. No. 840 (April 21, 1987), Vancouver Registry No. 16286 (B.C.S.C.), per Proudfoot J. These cases contrast with Artus v. Artus, [1985] B.C.J. No. 952 (January 30, 1985), Terrace Registry No. 0268 (B.C.S.C), per Errico J. wherein the pension was held to be a family asset. All of these cases pre-date Mailhot v. Mailhot, supra.
[15] Counsel for Mrs. Campbell urges me to reach a different result from that reached in Nevin v. Nevin, supra, and the cases which followed that decision, on the basis that the later decision in Mailhot v. Mailhot, supra, opens the question for fresh analysis. Yet that view ignores the reasoning, much of which is apt to this issue, in the cases holding that a Workers Compensation pension is not a family asset: Smith v. Smith (1986), 1 R.F.L. (3d) 219 (B.C.S.C.); Young v. Young (1986), 5 R.F.L. (3d) 337 (B.C.S.C.). It also ignores the tacit approval by the Court of Appeal of the law as stated in Robichaud v. Robichaud, supra, in Jiwa v. Jiwa (1992), 42 R.F.L. (3d) 388 (B.C.C.A.) 388 at pp. 397-8.
[16] In my view, I am bound to follow the earlier decisions of this court. Change, if any, must come from above. I conclude the DVA pension is not a family asset.
5. Workers compensation benefits
The dicta from Campbell refers to precedent decided in connection with workers compensation benefits. Here too, B.C. courts have consistently decided that these benefits are not divisible family assets: see, e.g., Young v. Young (1986), 5 R.F.L. (3d) 337 (BCSC); Coulter, supra; Entesary v. Entesary, [1996] B.C.J. No. 781 (BCSC); Smith v. Smith (1986), 1 R.F.L. (3d) 219. The earlier decisions were based on the fact that workers compensation is not contributed to by the employee, as well as the fact that legislation prohibits these benefits from being attached. The problem with this analysis is that other kinds of non-contributory benefits have been held to qualify as pensions (this is the case, for example, with respect to Old Age Security benefits: see Lattey v. Lattey (1989), 21 R.F.L. (3d) 229 (BCSC)), and similar legislative provisions providing that pensions are non-exigible have been found to not prevent courts from dividing them under family property legislation.
It should be noted that the B.C. position on workers compensation benefits is not universal. In Alberta, for example, workers compensation is a divisible family asset: see Hughes v. Hughes (1998), 43 R.F.L. (4th) 319 (Alta. C.A).
D. The cases represent a philosophical division
In my view, these cases fall into two basic camps:
(a) some judges see disability benefits as being personal to the victim. They equate these benefits as being equivalent to personal injury damages or to income replacement. Income is not a family asset, and personal injury damages will only qualify as such if the ordinary use for a family purpose test is satisfied.
(b) other judges see disability benefits as a property asset which, like a pension, provides for family security and, as such, should be divisible as family assets.
As mentioned, the BCCA has signaled that it is open to review precedent respecting entitlement to disability pensions and benefits: see Meier v. Meier (1995), 17 R.F.L. (4th) 40 (BCCA); and McLure v. McLure, supra.
It is difficult to predict what the result of such a review may be. However, since the first of these invitations (to review Jiwa) was initially given by Southin J.A., it is possible to hazard that there is some indication that the philosophy of regarding these benefits as personal to the victim will carry the day (Southin J.A.'s 1986 decision in Young confirmed that workers compensation benefits are not divisible assets).
In my view, it would be regrettable to adopt principles which automatically deprive the spouse of any share of disability benefits. The current principles allow the courts to protect the interests of both the spouses, including the spouse receiving the disability benefits. While the current rules provide that in many situations disability benefits are divisible family assets, that is only the starting point. Courts must then consider whether entitlement should be reapportioned under FRA s. 65. See further, below: Determining the Spouse's Share of Disability Benefits.
E. Part 6 Rules
1. Disability "Pensions"
The definition of "matured pension" (FRA, s. 70.1) specifically refers to disability pensions, but not other kinds of disability benefits:
"matured pension", or "matured" with reference to a pension, means a pension under which benefits are being paid to a retired member or a beneficiary and includes a payment of a disability pension when the member reaches a prescribed age;
The Pension Division Regulation, para. 12, provides that a disability pension is treated as a matured pension when the member reaches age 60.
"Disability pension" is also defined in s. 70(1). It means "a benefit paid to a member under a plan as a consequence of a member's disability."
The FRA incorporates the B.C. PBSA definition of "benefit" by reference (s. 70(2)). The B.C. PBSA defines "benefit" as meaning "a pension or any other benefit under a pension plan, and includes a return of contributions and any payment in a series of payments that constitutes a benefit."
The combined effect of these provisions is that if the pension plan provides a disability pension, the default rules under Part 6 apply to it when the member reaches age 60.
2. Division if the member qualifies for a disability pension
Typically the way a disability pension operates is that it provides periodic payments to the member until the member is eligible to retire under the basic retirement pension. At that point, the disability pension ends, and the member begins receiving payments under the retirement pension. In many cases, pension entitlement continues to accrue in favour of the member while on the disability pension: see, e.g., the description in Coulter concerning the B.C. Hydro disability pension.
If
(a) the agreement or court order simply says that a pension (in a defined benefit plan or hybrid plan which is not matured) is divisible under Part 6 of the Family Relations Act,
(b) the spouse becomes a limited member of the plan, and
(c) the member subsequently becomes entitled to a disability pension, this is the result:
1. the limited member is entitled to the basic rights available under Part 6 with respect to the plan. The limited member may elect to take the share by a commuted value transfer at any time after the member becomes eligible to retire, or wait until the member retires and take a separate pension. (FRA, s. 74) The fact that the member is receiving a disability pension does not in any way affect the way the retirement pension is divided.
2. if the limited member elects to take the commuted value transfer, then that ends any further rights with respect to sharing in the member's pension (s. 72(5)).
3. if the limited member elects to wait until the member retires and take a separate pension, then the limited member may also elect to receive payments under the disability pension, after the member reaches age 60. The plan would be required to divide the monthly payments made under the disability pension between the member and the spouse (s. 76).
It should be noted that Part 6 sets out "default" rules. It is open to parties to agree on, or the court to order, a different result.
3. Division of other disability benefits
As emphasized, these rules apply to benefits that meet the definition of "disability pension" under Part 6. Not all disability benefits will meet the definition.
Part 6, however, also applies to disability benefits that qualify as "pensions" (such as long term disability benefits--see Webb). These would be divisible by the rules that apply to "extraprovincial plans:" the plan is required to divide each payment between the member and the spouse, and the division would not be postponed until the member reaches age 60.
It is a bit confusing that the rules that apply to "extraprovincial plans" also apply to various disability benefits, until the meaning given to "extraprovincial plan" under Part 6 is understood.
Under s. 70(1), "local plan" and "extraprovincial plan" are defined terms. "Local plan" is used to mean registered pension plans that are subject to B.C. law. "Extraprovincial plan" is defined as "a plan that is not a local plan." As such, the term is not restricted to registered pension plans that are located outside B.C. and subject to the law of another jurisdiction. "Extraprovincial plan" is used as a catch-all term, and also includes all non-registered plans that provide periodic benefits.
4. Agreement or Court Order must provide for division
It is important to remember that benefits under plans are not divisible unless the agreement or order provides for their division. Consequently, if the parties have a separation agreement that is silent about these kinds of benefits, there would be no basis under Part 6 for them to be divided. On the other hand, if a person is in receipt of these benefits before the relationship ends, it would be open to the court to order their division under Part 6 by the rules that apply to extraprovincial plans.
F. Determining the Spouse's share of disability benefits
1. Part 6 Rules
Entitlement to disability benefits that come within Part 6 is determined by the same rules that apply to pensions--the basic Rutherford formula set out in the Pension Division Regulation.
But Part 6 sets out what may be referred to as "default" rules. It is open to the parties to agree on, or the courts to order, a different share.
2. Reapportionment of entitlement to disability benefits
The finding that a disability benefit qualifies as a family asset (because it is a "pension" or because it is ordinarily used for a family purpose) is only the beginning of the analysis. Entitlement to family assets is subject to reapportionment under FRA, s. 65.
While courts will divide disability benefits, or order that compensation be paid for them (e.g., Jiwa, supra; McClure, supra), many courts, often with little analysis, will reapportion entitlement to provide the member with most, or all, of the benefit. Where reasons for the finding that an equal division is unfair are provided, they most commonly cite the member's need for economic self-sufficiency (see, e.g., Fuller v. Fuller, [1998] B.C.J. No. 1738 (BCSC) Vickers J.; McNiven v. Feng, [1995] B.C.J. No. 279 (BCSC); Kossen v. Kossen, [1999] B.C.J. No. 595 (BCSC); Wood v. Wood, 2000 BCSC 1647, add'l reasons 2001 BCSC 895; M.(S.) v. A.(H.), 2002 BCSC 1677.
3. Share of retirement pension when entitlement
continues to accrue while disabled
As mentioned, often when a member of a pension plan receives disability benefits, entitlement under the retirement pension continues to accrue for so long as the member receives the disability benefits.
In Herrington v. Herrington, 2002 BCSC 1744, the spouse argued that her share of the retirement pension should be determined by service up to the date the member became disabled. The court, however, held that because service continued to accrue while the member was receiving disability benefits, all service up to the spouse's entitlement date should be included in determining the spouse's proportionate share, by analogy to the rules that apply to purchased service.
XXV. Protecting the Client's Position
with Respect to Pension Entitlement
A. Overview
This section provides information about securing and safeguarding the client's position with respect to pension entitlement.
B. Plan's obligations to Member
Unless legislation provides to the contrary, administrators of a pension plan have a fiduciary obligation to the plan member
1. to pay pension benefits to the member (and no other party), and
2. not to disclose information about the member or the member's pension to third parties (including a spouse or former spouse).
As mentioned before, in Chaisson v. Chaisson (1997), 33 R.F.L. (4th) 205 (Ont. Gen. Div.), for example, the member's wife informed the plan administrators that an order had been made dividing the pension. The plan requested a copy of the order, but it was never delivered to the plan. Pension benefits were later transferred to an RRSP to the credit of the member (on the member's application) and the monies were withdrawn and spent. The member then became bankrupt.
The wife sued the plan arguing that it had notice of the order and was, therefore, a constructive trustee of the wife's interest and morally obligated to pay the funds to her. It was held that unless a restraining order was made and served on the plan, the plan's only obligation was to administer the pension according to the plan text and legislation. In the circumstances, it had no alternative except to transfer the pension funds as directed by the member.
C. What might happen if the spouse's interest
is not protected before the pension is divided?
Various events and transactions may take place after a relationship ends, but before arrangements concerning pension division can be finalized, with the potential to affect the spouse's claim to a share of the pension.
1. Retirement
If no steps have been taken to preserve the spouse's interest in the pension and the member retires, the spouse may be prejudiced. For pension purposes, spousal status is considered to last only for a certain length of time after the parties separate. Under federal legislation, for example, spousal status may be lost immediately on separation. This was also the previous rule under B.C. legislation, until changed by the Pension Benefits Standards Amendment Act, 1999, S.B.C. 1999, c. 41 to provide that spousal status persists for two years after the parties separate. However, spousal status for unmarried spouses still ends when they separate.
A member with a spouse is required to take a joint annuity on the life of a spouse (see, e.g., B.C. PBSA, s. 35). The minimum benefit to the spouse is 60 per cent of the pension payable to the spouse on the death of the member. This can be waived by the spouse, to allow the member to take the pension in a different form. (Usually the various options are cost neutral from the plan's perspective. A single life pension pays a certain amount, but is only payable for the member's lifetime. As the benefits payable after the member's death increase in value or duration under the option selected, the monthly pension payments during the member's lifetime reduce--so that, overall, the plan is paying the same amount). The member usually wants the single life pension-to maximize payments during the member's lifetime. Waiver of postretirement survivorship benefits by the spouse makes sense if there is income security after the member's death. Surprisingly often, however, a spouse will imprudently waive the joint annuity in situations in which the spouse will have no income when the member dies.
If the spouse's interest in the pension is not protected, and spousal status is lost, the member is free to make any election the member chooses on retirement. So, for example, in B.C., after the parties have been separated for more than two years, a member taking retirement would not require the spouse's waiver to take a single life pension.
Whether the member elects a single life pension, or a joint annuity on the life of a new spouse, the former spouse is prejudiced. In most cases, the election cannot be changed, and pension division arrangements must be made with respect to an income stream that may not last for the spouse's lifetime.
2. Termination of employment
If the member's employment is terminated, it may be possible for the member to either cash out some or all of the pension, or to transfer it to another plan, possibly outside the province. Any of these steps will make it more difficult to realize on the spouse's share of the pension. (Similar issues arise if the plan is wound up, or converted into another form).
3. Death of the member
The death of a member before retirement affects the form in which the benefit is paid and how it is taxed.
(a) Form of the benefit
Death transforms the benefit from a pension to a death benefit. Depending on the amount of service accrued by the member, and the terms of the plan, the death benefit may consist of a refund of contributions or a payment of some percentage of commuted value, or take the form of an annuity. Canadian pension benefits standards legislation generally requires that the preretirement survivor benefit be no less than 60 per cent of the commuted value of the pension (e.g., Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, s. 34.) Even, then, however, the death benefit is obviously worth less than the pension.
It is still possible to divide the pension after death of a member in two cases. If the pension is subject to the Pension Benefits Division Act, S.C. 1992, c. 46 (Schedule II), an application for pension division after the death of the member may be made within 18 months of the death. (Pension Benefits Division Regulation SOR/94-612, para. 6(1)).
Unadjusted pensionable earnings under the Canada Pension Plan are also divisible after the death of the member. If the parties were married, the limitation period is 3 years from the date of the former spouse's death. If the parties were not married, the limitation period is 4 years from the parties' separation.
In other cases, if the pension has not been divided before the member dies, the spouse's claim is restricted to death benefits payable under the pension.
(b) Tax treatment
Death may affect how the pension benefits are taxed. If the spouse is claiming an interest in a death benefit payable to the estate, for example, the death benefit is paid to the estate net of tax, and since it is paid in a lump sum, it receives the least favourable tax treatment. This obviously impacts on the spouse's interest.
Where entitlement to the death benefit arises by reason of marriage breakdown, however, CCRA has now adopted a policy of allowing the benefit to be rolled-over from the plan into an RRSP in the name of the spouse (see p. 23 of the T4040, the CCRA Guide to RRSPs) so that taxes can be deferred until the funds are withdrawn from the RRSP. The direction to the plan to roll the benefit over must be made when applying for the death benefit. It will be too late after the death benefit is paid out in cash.
In other cases, the form of the death benefit depends upon whether or not the member is survived by a spouse. The spousal death benefit may take the form of an annuity, for example, so tax is paid on monthly payments (reducing the overall tax burden).
Canadian legislation requires that a member's spouse is entitled to preretirement survivor benefits, unless the spouse formally waives entitlement (there is a prescribed form for this under the B.C. Pension Benefits Standards Act). The member cannot change the beneficiary designation to another person without the spouse's consent. However, as mentioned above, spousal status does not last indefinitely after the parties separate. A member who does not have a spouse is free to change the beneficiary of preretirement survivor benefits, unilaterally affecting the former spouse's rights.
4. Bankruptcy
Bankruptcy of the member is not going to affect pension entitlement. However, the spouse is at risk in two situations, if the member is in a position to cash the pension in and does so. First, the character of the asset changes, and the spouse will have difficulty establishing priority to it over the trustee in bankruptcy. Second, the member may spend the funds, so there is nothing left to claim (as in Chaisson, supra).
D. Protecting the spouse's interest in the member's pension before it is divided
1. Consider obtaining a restraining order preserving the pension
There is often considerable delay between the breakdown of a relationship and finalizing pension division arrangements, during which time many of the problems discussed in the last section may arise. A restraining order will protect the spouse. The order should prohibit the member from (a) changing the beneficiary designation of preretirement survivor benefits, (b) applying for the transfer of, or receiving, funds from the plan, or (c) taking retirement, until the spouse's interest in the pension is determined. Obtaining a properly drafted restraining order will prevent the other spouse from voluntarily entering into bankruptcy: Van-Sluytman v. Van-Sluytman, 2002 BCSC 1352.
If a restraining order is obtained, care must be taken to ensure that it is properly served on the plan administrator. In Sauer v. Dunnaway (1997), 41 B.C.L.R. (3d) 367 (S.C.) the order preserving the pension was obtained too late, because the pension had already been transferred to an RRSP. A further order preserving the RRSP was obtained and served on the bank by fax, but the bank claimed never to have received it. The member cashed in the RRSP and the spouse's remedy was against her lawyer.
2. Deliver a Form 1 to the plan administrator
If the plan is subject to Part 6 of the Family Relations Act, a Form 1 may be delivered to it (a copy of a Form 1 is in the Appendix to this paper). Plans subject to Part 6 include: the B.C. public sector plans, all private occupational plans that are registered (or required to be registered) under the B.C. Pension Benefits Standards Act, and plans that are subject to B.C. provincial legislation by reason of their governing legislation. As a general rule of thumb, other than for federal public sector plans, if the member accrued pension entitlement while working in B.C., the pension is subject to Part 6 of the Family Relations Act.
The effect of a Form 1 is that:
1. it entitles the spouse to receive information about the pension on request directly from the plan (the rule in the absence of a Form 1 is that the plan would be in breach of its fiduciary obligations to the member if it provided information about the pension to the spouse); and
2. it entitles the spouse to receive 30 days advance notice from the plan before the plan takes steps with respect to the pension (for example, as a result of the member's termination of employment, election to retire, or preretirement death). This provides the spouse with an opportunity to take the necessary legal proceedings to preserve rights.
The Form 1 gives the plan notice that the spouse is claiming an interest in the pension. It is not necessary for a triggering event to have occurred before delivering the Form 1.
3. Consider obtaining a s. 57 declaration
This is a topic that has been fully covered in other materials (particularly, see Tracy L. Jackson, "Be Trigger Happy: Know When to Obtain a Section 57 Declaration Under the B.C. Family Relations Act" Asset Issues for Family Lawyers (CLE, February, 2000), reprinted in this binder). If the asset in question, however, is a pension, there are two additional aspects to the issue that should be considered.
(a) Consequences of delaying the triggering event
Canadian legislation governing pension division does not apply uniform rules for determining the spouse's share of the member's pension on marriage breakdown. In some cases, for example, the general rule is that the spouse's interest is determined by reference to the date of separation. That approach is pretty standard in most Canadian jurisdictions, and is also the rule under the federal Pension Benefits Division Act, which applies to federal public sector pensions.
The rule in B.C. is that the spouse's interest is determined by reference to the first triggering event--which is, for the purposes of Part 6, referred to as the "entitlement date": see, e.g., Pension Division Regulation (B.C. Reg. 77/95), para. 1, (definition of "entitlement date"), para. 6 (determining proportionate share of a pension a defined benefit plan) and para. 9 (determining share of pension in a defined contribution plan).
Consequently, delay in obtaining a s. 57 declaration allows the spouse's interest in the pension to grow.
(b) Death of member before the occurrence of a triggering event
If you represent the spouse of the member, delay in obtaining a s. 57 declaration to allow the pension share to grow may seem like a good idea. However, the benefits of delay must be balanced against the problems that arise from not obtaining a triggering event in various situations, such as bankruptcy of the member, termination of employment, death of the member or retirement of the member.
The possibility of the member's death is probably the most serious concern. Death is not a triggering event under the Family Relations Act. If the member dies before the occurrence of a triggering event, establishing the spouse's entitlement to a share in the pension may require relying upon principles of constructive trust. Case law in this area is not entirely satisfactory and still in the process of development: see Wong v. Wong, [1991] B.C.J. No. 2280 (B.C.S.C.) in which Stewart J. summarizes how failing to obtain a triggering event before the deceased spouse's death affects the surviving spouse's claim for a share of family assets; and Gregory v. Gregory (1994), 92 B.C.L.R. (2d) 133 (B.C.S.C.), where the surviving spouse received a share of the pension on the basis of a constructive trust. In recent cases, some B.C. courts have held that a constructive trust will not lie against a pension (on the basis that the spouse's contributions had no causal link with the acquisition of the asset). But, as discussed earlier, these cases are based on a misreading of Peter v. Beblow (1993), 44 R.F.L. (3d) 329 (S.C.C.), the leading case on constructive trusts.
4. Delivering to the plan administrator the agreement or court order
that provides for dividing the pension
As Chaisson, supra, demonstrates, obtaining an agreement or order that divides a pension does not protect the spouse unless it is actually delivered to the plan administrator. The most frequent problem in this respect is that, for some reason, the need to deliver the agreement or court order is not recognized until years later, when the member retires. As explained above, retirement fundamentally changes the circumstances, and limits what may be done with respect to providing the spouse with a share of the pension. As soon as the agreement or court order dividing the pension has been made, it should be delivered to the administrator of the pension plan.
With respect to pension division under Part 6 of the Family Relations Act, arrangements are not finalized until the plan has received the agreement or court order dividing the pension, in addition to the prescribed form (and prescribed administrative fee). If the pension is
(a) matured (the member has retired), the spouse receives a share of each monthly pension payment directly from the plan. To do this, the spouse must become a limited member of the plan (by filing a Form 2 - see the Appendix to this paper);
(b) unmatured, and in a defined contribution plan (a plan in which the pension consists of contributions made by or on behalf of the member, plus net investment returns on those contributions), the spouse's share may be transferred immediately to the spouse's credit to a prescribed pension vehicle, such as an RRSP (using a Form 3 - see the Appendix to this paper, and ITA form T2151 E (99)); and
(c) unmatured, and in a defined benefit plan (a plan in which the pension is based on a formula) the division is deferred. The spouse must become a limited member of the plan (using a Form 2) and may elect between:
(i) waiting until the member retires and taking a separate pension; or
(ii) at any time after the member becomes eligible to retire, taking the share by a lump sum transfer of its commuted value to a prescribed pension vehicle (such as an RRSP).
The election is made using a Form 4 (see the Appendix to this paper) and ITA form T2151 E (99).
XXVI. Appendices
Appendix A. Pension plans registered under the B.C. Pension Benefits Standards Act
Following is a list of the employment pension plans registered in British Columbia as of May 1, 2002. This list does not include plans that are still in the process of becoming registered. Plans are listed alphabetically by their registered name.
A & W Food Services of Canada Inc. Pension Plan (B.C. Reg. No. P086211)
A Pension Plan for the Hourly Employees of S & R Sawmills Ltd. (B.C. Reg. No. P085483)
Action Construction Ltd. Pension Plan for Management Employees (B.C. Reg. No. P086372)
Ainsworth Lumber Company Ltd. Employee Retirement Plan (B.C. Reg. No. P085058)
Ambulance Paramedics of British Columbia CUPE Local 873 Supplemental Pension Plan (B.C. Reg. No. P085793)
Army & Navy Dept. Store Limited Employees Retirement Plan (B.C. Reg. No. P086421)
Arrow & Slocan Lakes Community Services Pension Plan (B.C. Reg. No. P086351)
Ash Grove Canadian Hourly Employee Pension Plan (B.C. Reg. No. P085022)
Atkinson & Terry Insurance Brokers Pension Plan (B.C. Reg. No. P085848)
Autumn Industries Inc. and Participating Affiliates Retirement Plan (B.C. Reg. No. P085146)
B-A Materials Limited Hourly Employees' Pension Plan (B.C. Reg. No. P085550)
B.C. College of Dental Surgeons Pension Plan (B.C. Reg. No. P085284)
B.C. Credit Union Employees Pension Plan (B.C. Reg. No. P085253)
B.C. Fruit Industry Pension Plan (B.C. Reg. No. P085278)
B.C. Fruit Packers Pension Plan (B.C. Reg. No. P085178)
B.C. Labourers' Pension Plan (B.C. Reg. No. P085909)
B.C. Tree Fruits Limited & Associated Companies Pension Plan (B.C. Reg. No. P086108)
B.C.G.E.U. Pension Plan (B.C. Reg. No. P085218)
B.K. Two Way Radio Ltd. Pension Plan (B.C. Reg. No. P085652)
Babine Forest Products Company Salaried Employees' Pension Plan (B.C. Reg. No. P085303)
Bayside Sawmills Ltd. Pension Plan (B.C. Reg. No. P085420)
BC Gas Utility Ltd. Pension Plan for IBEW and OPEIU Members (B.C. Reg. No. P085038)
BC Gas Utility Ltd. Retirement Plan for Management and Exempt Employees (B.C. Reg. No. P085037)
BC Rail Ltd. Pension Plan (B.C. Reg. No. P085254)
Bel Construction Ltd. Pension Plan for Horst Palm (B.C. Reg. No. P085300)
Bel Investments Ltd. Pension Plan for Al Frost (B.C. Reg. No. P086126)
Bel Investments Ltd. Pension Plan for Bernard Albert (B.C. Reg. No. P086129)
Bel Investments Ltd. Pension Plan for Peter Frew (B.C. Reg. No. P086127)
Bell Pole Co. Ltd. Pension Plan (B.C. Reg. No. P086114)
Bentall Capital GP Limited Retirement Plan (B.C. Reg. No. P086177)
Boilermakers Lodge 191 Pension Plan (B.C. Reg. No. P085621)
Boilermakers Lodge 359 Production Workers Pension Plan (B.C. Reg. No. P085442)
Boilermakers' Pension Plan (B.C. Reg. No. P085447)
Boliden Westmin (Canada) Limited Hourly-Paid Employees Pension Plan (B.C. Reg. No. P085887)
Boliden Westmin (Canada) Limited Pension Plan for Salaried Employees (B.C. Reg. No. P085886)
Border Gas-Tech Ltd. Pension Plan (B.C. Reg. No. P085616)
Brentwood College Association Hourly Employees Pension Plan (B.C. Reg. No. P085577)
Brewers' Distributor Ltd. Pension Plan for Bottle Sort Employees in British Columbia (B.C. Reg. No. P085464)
Brewers' Distributor Ltd. Pension Plan for Hourly Employees in British Columbia (B.C. Reg. No. P086221)
Bridgeside Higa Forest Industries Ltd. Pension Plan for David N. Ure (B.C. Reg. No. P086335)
British Columbia & Yukon Hotels Association Hotel, Restaurant, Culinary Employees & Bartenders Union Local 40 Pension (B.C. Reg. No. P085269)
British Columbia Hydro and Power Authority Pension Plan (B.C. Reg. No. P085023)
British Columbia Lottery Corporation Pension Plan (B.C. Reg. No. P085193)
British Columbia Packers Limited and Subsidiary Companies Employees Retirement Plan (B.C. Reg. No. P086055)
British Columbia Teachers' Federation Staff Pension Plan (B.C. Reg. No. P085635)
British Pacific Properties Limited Pension Plan for Salaried Employees (B.C. Reg. No. P085482)
Bulkley Valley Health Council Retirement Plan (B.C. Reg. No. P086138)
Calona Wines Limited Trusteed Retirement Plan (B.C. Reg. No. P085345)
Cam Chain Co. Ltd. Employees Pension Plan (B.C. Reg. No. P085648)
Campbell River Fibre Employees' Pension Plan (B.C. Reg. No. P086436)
Canaccord Capital Corporation Inc. Management Employees' Past Service Pension Plan (B.C. Reg. No. P086314)
Canada Bread Company, Limited (Venice Bakery) Employee Pension Plan (B.C. Reg. No. P085413)
Canadian Forest Products Ltd. Annuity Plan (B.C. Reg. No. P086360)
Canadian Forest Products Ltd. Salaried Pension Plan (B.C. Reg. No. P086109)
Canem Systems Ltd. Retirement Plan (B.C. Reg. No. P086237)
Canusa Wood Products Limited Pension Plan (B.C. Reg. No. P085900)
Canwel Distribution Ltd. Defined Contribution Pension Plan (B.C. Reg. No. P086406)
Cariboo Pulp & Paper Company Salaried Employees' Pension Plan (B.C. Reg. No. P085304)
Carpentry Workers' Pension Plan of British Columbia (B.C. Reg. No. P085543)
Cascadia Brands Inc. Pension Plan for Executive Employees (B.C. Reg. No. P085403)
Cascadia Brands Inc. Pension Plan for Salaried Employees (B.C. Reg. No. P085724)
Cement Masons' Pension Plan (Local 919) (B.C. Reg. No. P085325)
Centra Gas B.C. Inc. Employees Retirement Plan (B.C. Reg. No. P085288)
Ceramic Tile Workers Pension Plan (B.C. Reg. No. P085632)
Cerebral Palsy Association Pension Plan (B.C. Reg. No. P086281)
Christian Labour Association of Canada, Local 44 and Repap British Columbia Inc. (Smithers Operations) Employees Pension (B.C. Reg. No. P085523)
Clear Lake Sawmills Pension Plan (B.C. Reg. No. P085197)
Coast Paper Pension Plan for Employees (B.C. Reg. No. P086075)
Coast Paper Pension Plan for Executive Employees (B.C. Reg. No. P086232)
Coast Underwriters Limited Pension Plan (B.C. Reg. No. P085307)
Coastal Community Credit Union Pension Plan for Kermit Culham (B.C. Reg. No. P086248)
Coastal Community Credit Union Pension Plan for Lynne F. Fraser (B.C. Reg. No. P086249)
Coastal Community Credit Union Pension Plan for Victor L. Purchase (B.C. Reg. No. P086247)
Coldstream Ranch Limited Pension Plan (B.C. Reg. No. P086026)
Colley West Shipping Ltd. Employee Pension Plan (B.C. Reg. No. P086396)
Communications, Energy and Paperworkers Union of Canada - Canadian Forest Products Ltd. Taylor Division Pension Plan (B.C. Reg. No. P085561)
Communications, Energy and Paperworkers Union of Canada - Skeena Cellulose Inc. - Carnaby Operations Pension Plan (B.C. Reg. No. P085562)
Concert Properties Ltd. Employees Pension Plan (B.C. Reg. No. P085091)
Cookson Motors Ltd. Registered Pension Plan (B.C. Reg. No. P086399)
Council of Forest Industries Pension Plan (B.C. Reg. No. P085397)
Council of Northern Interior Forest Employment Relations Employees' Pension Plan (B.C. Reg. No. P085237)
Covenant House (Vancouver) Pension Plan (B.C. Reg. No. P086381)
Credit Union Central of British Columbia Supplemental Pension Plan (B.C. Reg. No. P085247)
CRSA Logistics Ltd./Transpacific Container Terminal Ltd. Pension Plan (B.C. Reg. No. P086172)
Cummins British Columbia Pension Plan for Hourly Employees (B.C. Reg. No. P085053)
Cummins British Columbia Pension Plan for Salaried Employees (B.C. Reg. No. P085065)
D. Robinson Contracting Ltd. Pension Plan for Designated Employees (B.C. Reg. No. P086187)
Dairyworld Foods Pension Plan No. 1 for Salaried Employees (B.C. Reg. No. P085244)
Davis Management Limited Partnership Employees' Pension Plan (B.C. Reg. No. P085531)
DBC Marine Safety Systems Ltd. Pension Plan (B.C. Reg. No. P085126)
Defined Contribution Pension Plan for Employees of Lumberland Materials (B.C. Reg. No. P085767)
Defined Contribution Pension Plan for Employees of Rona Revy Inc. (B.C. Reg. No. P086426)
Defined Contribution Pension Plan for Salaried Employees of Weyerhaeuser Company Limited (B.C. Reg. No. P086283)
Delta Building Products Ltd. Pension Plan for Designated Employees (B.C. Reg. No. P086323)
Delta Cedar Products Ltd. Employees' Pension Plan (B.C. Reg. No. P085467)
Design Roofing and Sheet Metal Ltd. Pension Plan (B.C. Reg. No. P085572)
Diocese of Victoria Employee Pension Fund (B.C. Reg. No. P086039)
District Council 38 Pension Plan (B.C. Reg. No. P085688)
Doman Industries Limited Salaried Employees Pension Plan (B.C. Reg. No. P085784)
Dominion Information Services Pension Plan (B.C. Reg. No. P085151)
Downie Timber Ltd. Pension Plan for Salaried Employees (B.C. Reg. No. P086147)
Dr. Donald MacRitchie Inc. Pension Plan for Designated Employees (B.C. Reg. No. P085285)
Dunkley Lumber Ltd. Employees' Retirement Plan (B.C. Reg. No. P085364)
Ecowaste Industries Ltd. Operating Employees Pension Plan (B.C. Reg. No. P085286)
Employee Retirement Plan for the Employees of Brown's Septic Tank Service Ltd. (B.C. Reg. No. P086219)
Employee Retirement Plan for the Employees of Coast Aggregates Ltd. (B.C. Reg. No. P085923)
Employee Retirement Plan for the Employees of Coast Powertrain Ltd. (B.C. Reg. No. P085873)
Employee Retirement Plan for the Employees of Daniels Electronics Ltd. (B.C. Reg. No. P085800)
Employee Retirement Plan for the Employees of Dynamic Specialty Vehicles Ltd. (B.C. Reg. No. P086330)
Employee Retirement Plan for the Employees of Kekinow Native Housing Society (B.C. Reg. No. P086332)
Employee Retirement Plan for the Employees of Petrosul International Ltd. (B.C. Reg. No. P086253)
Employee Retirement Plan for the Employees of R. P. Richmond Industrial Contractors Ltd. (B.C. Reg. No. P086240)
Employee Retirement Plan for the Employees of Tri-K Drilling Ltd. (B.C. Reg. No. P085764)
Employee Retirement Plan of 537141 British Columbia Ltd. (B.C. Reg. No. P086256)
Employee Retirement Plan of A. H. Winter & Son Construction (1995) Ltd. (B.C. Reg. No. P085947)
Employee Retirement Plan of Alpha Home Care Services Ltd. (B.C. Reg. No. P085823)
Employee Retirement Plan of Curtis Lumber Co. Ltd. (B.C. Reg. No. P085893)
Employee Retirement Plan of Enersul Limited Partnership (B.C. Reg. No. P086294)
Employee Retirement Plan of Fraser Valley Steel & Wire Ltd. (B.C. Reg. No. P086174)
Employee Retirement Plan of Graeme & Murray Consultants Ltd. (B.C. Reg. No. P085964)
Employee Retirement Plan of Hastings Brass Foundry Ltd. (B.C. Reg. No. P085993)
Employee Retirement Plan of K & S Petroleum Sales (B.C. Reg. No. P086328)
Employee Retirement Plan of Lu'ma Native Housing Society (B.C. Reg. No. P086272)
Employee Retirement Plan of M'akola Housing Society (B.C. Reg. No. P086413)
Employee Retirement Plan of Mc Forest Products Inc. (B.C. Reg. No. P085862)
Employee Retirement Plan of Meadowridge Dental Centre (B.C. Reg. No. P086342)
Employee Retirement Plan of Okanagan Metis & Aboriginal Housing Society (B.C. Reg. No. P086382)
Employee Retirement Plan of Pacific Montessori Society (B.C. Reg. No. P085842)
Employee Retirement Plan of Phaser Fire Protection Ltd. (B.C. Reg. No. P086215)
Employee Retirement Plan of Raybern Erectors Ltd. (B.C. Reg. No. P086357)
Employee Retirement Plan of Rescan Environmental Services Ltd. (B.C. Reg. No. P085953)
Employee Retirement Plan of Royal Victoria Yacht Club (B.C. Reg. No. P085692)
Employee Retirement Plan of Spare Time Fun Centre Society (B.C. Reg. No. P086289)
Employee Retirement Plan of Specific Mechanical Systems Ltd. (B.C. Reg. No. P086016)
Employee Retirement Plan of Stong's Markets Ltd. (B.C. Reg. No. P085734)
Employee Retirement Plan of Summer Equipment Ltd. (B.C. Reg. No. P085922)
Employee Retirement Plan of T.R. Trades Reproductions Ltd. (B.C. Reg. No. P086292)
Employee Retirement Plan of Toyo Importing Co. Ltd. (B.C. Reg. No. P085666)
Employee Retirement Plan of Tuberculous and Chest Disabled Veterans' Association (B.C. Reg. No. P086309)
Employee Retirement Plan of Vancouver Grande Hotel Limited o/a the Sutton Place Hotel (B.C. Reg. No. P085944)
Employee Retirement Plan of Vancouver Native Housing Society (B.C. Reg. No. P086363)
Employee Retirement Plan of Wayside House (B.C. Reg. No. P085760)
Employee Retirement Plan of West Pender Property Management Ltd. (B.C. Reg. No. P085924)
Employee Retirement Plan of Windsor Personnel Services Ltd. (B.C. Reg. No. P085737)
Employee Retirement Plan of Word Entertainment (Canada) Inc. (B.C. Reg. No. P086073)
Employees Pension Plan for Employees of Willowhaven Private Hospital (1992) Ltd. (B.C. Reg. No. P085726)
Employees' Pension Plan for Employees of Carter Motor Cars Ltd. (B.C. Reg. No. P085740)
Employees' Pension Plan for Employees of Edith Cavell Private Hospital (B.C. Reg. No. P085757)
Employees' Pension Plan for Employees of Fraser Valley Christian High School (B.C. Reg. No. P085751)
Employees' Pension Plan for Employees of the Archdiocese of Vancouver (B.C. Reg. No. P085778)
Employees' Pension Plan for Salaried Employees of OK Builders Supplies Ltd. (B.C. Reg. No. P085787)
Employees' Pension Plan for Salaried Employees of Prok International Canada Inc. (B.C. Reg. No. P085754)
Employees' Retirement Plan for the Pas Lumber Company Ltd. (B.C. Reg. No. P085046)
ERIP Pension Plan for Hourly Paid Employees of Weyerhaeuser Company Limited (Plan 03) (B.C. Reg. No. P085245)
Excel Transportation Inc. Pension Plan (B.C. Reg. No. P085203)
Farmer Construction Ltd. Employees Pension Plan (B.C. Reg. No. P085547)
Farris Management Limited Employees Pension Plan (B.C. Reg. No. P085312)
Finning International Inc. Retirement Plan (B.C. Reg. No. P085132)
First Heritage Delta Credit Union Supplemental Pension Plan (B.C. Reg. No. P085262)
Floorlayers' Industry Pension Plan (B.C. Reg. No. P085226)
FMC of Canada Limited Non-Bargaining Employees' Retirement Plan (B.C. Reg. No. P086213)
Fording Coal Limited and United Steelworkers of America Local 7884 Pension Plan Agreement (B.C. Reg. No. P085955)
Gault Distributors Inc. Employees' Pension Plan (B.C. Reg. No. P085149)
General Paint Ltd. Hourly Pension Plan (B.C. Reg. No. P085373)
General Paint Salaried Pension Plan (B.C. Reg. No. P086076)
Gorman Bros. Lumber Ltd. Pension Plan for J. Howard Fenton (B.C. Reg. No. P086185)
Gorman Bros. Lumber Ltd. Pension Plan for Salaried Employees (B.C. Reg. No. P085281)
Graphic Communications International Union Local 525-M-105b Pension Plan (B.C. Reg. No. P085117)
Graphic Communications International Union Local 525-M-210 Pension Plan (B.C. Reg. No. P085490)
Graphic Packaging Canada Corporation Retirement Plan for Hourly Employees Who Are Members of Local #5 of Pulp, Paper And (B.C. Reg. No. P085935)
Great Canadian Casinos Inc. Employees' Pension Plan (B.C. Reg. No. P085305)
Grosvenor Canada Limited Pension Plan (B.C. Reg. No. P085080)
Group Pension Plan for the Employees of S & R Sawmills Limited (B.C. Reg. No. P085618)
Group Pension Plan for the Employees of the Ukranian Catholic Eparchy of New Westminster (B.C. Reg. No. P085610)
Group Registered Pension Plan for the Employees of Heritage Home Intermediate Care Inc. (B.C. Reg. No. P086156)
Gulf Log Salvage Co-Operative Association Pension Plan (B.C. Reg. No. P085609)
Heat and Frost Local Union 118 Pension Plan (B.C. Reg. No. P085434)
Heritage Executive Personnel Co. Ltd. Pension Plan for Hendrik Willem Mooy (B.C. Reg. No. P086270)
Highland Valley Copper Pension Plan for Hourly-Paid Employees (B.C. Reg. No. P085569)
Highland Valley Copper Pension Plan for Salaried Employees (B.C. Reg. No. P085568)
Hollyburn Country Club Employee Retirement Plan (B.C. Reg. No. P085119)
Holnam West Materials Ltd. Salaried Employees' Pension Plan (B.C. Reg. No. P086061)
Hotel Restaurant Culinary Employees and Bartenders Union Local 40 Camp, Culinary & Non-Aligned Employees Pension Plan (B.C. Reg. No. P085258)
Houston Forest Products Company Salaried Employees' Pension Plan (B.C. Reg. No. P085302)
Industrial Equipment Co. Ltd. Employee Retirement Plan (B.C. Reg. No. P086106)
Industrial Forestry Service Ltd. Employee Profit Sharing Pension Plan (B.C. Reg. No. P085031)
Inland Industries Ltd. Pension Plan (B.C. Reg. No. P085035)
Insurance Corporation of British Columbia Pension Plan for Management and Confidential Employees (B.C. Reg. No. P086385)
Intata Logging Ltd. Pension Plan for Designated Employees (B.C. Reg. No. P085260)
Interior Lumber Manufacturers' Association Employee Retirement Plan (B.C. Reg. No. P085164)
Interior Lumbermen's Pension Plan (B.C. Reg. No. P085224)
International Forest Products Employees' Pension Plan (B.C. Reg. No. P085332)
Intracorp Developments Ltd. Employee Pension Plan (B.C. Reg. No. P086042)
Intrawest Corporation Employee Pension Plan (B.C. Reg. No. P085329)
Ironworkers Local 97 Pension Plan (B.C. Reg. No. P085460)
Island Sheet Metal Workers' and Roofers' Pension Plan (B.C. Reg. No. P085231)
Ivan Andersen Holdings Ltd. Pension Plan for Designated Employees (B.C. Reg. No. P085267)
IWA - Forest Industry Pension Plan (B.C. Reg. No. P085995)
IWA-Canada Pension Plan for Elected Officers and Appointed Staff Members (B.C. Reg. No. P086103)
JTB International (Canada) Ltd. Pension Plan (B.C. Reg. No. P086319)
Kaman Industrial Technologies Ltd. Pension Plan (B.C. Reg. No. P085438)
Kami Insurance Agencies Employee Pension Plan (B.C. Reg. No. P086383)
Kelowna Chamber of Commerce Pension Plan (B.C. Reg. No. P085059)
Kerrisdale Lumber Co. Ltd. Pension Plan (B.C. Reg. No. P085611)
Killick Metz Bowen Rose Architects Planners Inc. Designated Employees Pension Plan (B.C. Reg. No. P085282)
King Bros. Limited Pension Plan (B.C. Reg. No. P085463)
Kraft Canada Inc Retirement Plan for Dickson Hourly Employees (B.C. Reg. No. P086160)
Kraft Canada Inc. Retirement Plan for Former Non-Unionized Employees of Nabob Foods Limited (B.C. Reg. No. P086259)
Lakeland Mills Ltd. Pension Plan (B.C. Reg. No. P085168)
Lakeland Mills Ltd. Pension Plan for Designated Employees (B.C. Reg. No. P085309)
Le Foyer Maillard Pension Plan (B.C. Reg. No. P085169)
Listo Products Ltd. Retirement Plan (B.C. Reg. No. P085415)
Local 15 O.T.E.U. Pension Plan (B.C. Reg. No. P085673)
Local 213 Electrical Workers Pension Plan (B.C. Reg. No. P085358)
Louisiana-Pacific Canada Ltd. Pension Plan for British Columbia and Manitoba Hourly Employees (B.C. Reg. No. P085356)
Louisiana-Pacific Canada Ltd. Pension Plan for Salaried Employees (B.C. Reg. No. P085383)
LP Engineered Wood Products Limited Salaried Employees' Pension Plan (B.C. Reg. No. P085522)
Machinists Pension Plan (B.C. Reg. No. P085617)
Machinists, Fitters & Helpers Local 3 Pension Plan (B.C. Reg. No. P085672)
Marine and Shipbuilders' Pension Plan (Local 506) (B.C. Reg. No. P085201)
Marine Workers Pension Plan (B.C. Reg. No. P085362)
Master Trade Union Sector Pension Plan (B.C. Reg. No. P085452)
McKenzie Barge & Marine Ways Ltd. Employee Retirement Plan (B.C. Reg. No. P085064)
MDS Metro Laboratory Services Pension Plan (B.C. Reg. No. P085259)
Mitchell Island Forest Products Ltd. Pension Plan (B.C. Reg. No. P085746)
Molson Breweries B.C. Wage Rate Employees Retirement Plan (B.C. Reg. No. P085205)
Molson Breweries Pension Plan for Hourly Employees in Western Canada (B.C. Reg. No. P085204)
Monarch Beauty Supply Co. Ltd. Pension Plan (B.C. Reg. No. P086182)
Nippon Express Travel Canada Ltd. Registered Pension Plan (B.C. Reg. No. P086401)
Nohels Group Inc. Pension Plan for Designated Employees (B.C. Reg. No. P086260)
Nootka Sound Service Ltd. Pension Plan (B.C. Reg. No. P085603)
Norske Skog Canada Limited Defined Benefit Retirement Plan for Former Pacifica Papers Inc. Employees (B.C. Reg. No. P086365)
Norske Skog Canada Limited Defined Contribution Pension Plan for Former Pacifica Papers Inc. Employees (B.C. Reg. No. P086366)
Norske Skog Canada Limited Retirement Plan A (B.C. Reg. No. P085994)
Norske Skog Canada Limited Retirement Plan for Salaried Employees (B.C. Reg. No. P085400)
Northern Hardware & Furniture Co. Ltd. Employees' Pension Plan (B.C. Reg. No. P085240)
O.P.E.I.U. - W.K.P. Pension Plan (B.C. Reg. No. P085882)
Office & Professional Employees' International Union Local 378 Pension Plan (B.C. Reg. No. P085150)
OPEIU 378/Insurance Corporation of British Columbia Pension Plan (B.C. Reg. No. P085321)
Operating Engineers' Pension Plan (B.C. Reg. No. P085512)
Pacific Corporate Trust Company Senior Executives Pension Plan (B.C. Reg. No. P086115)
Pacific Northern Gas Ltd. Employees' Retirement Plan (B.C. Reg. No. P085266)
Pacific Press Ltd. Pension Plan (B.C. Reg. No. P085161)
Pacific Press Ltd. Retirement Plan (B.C. Reg. No. P085163)
Pension (College) Act (B.C. Reg. No. P085498)
Pension (Municipal) Act (B.C. Reg. No. P085497)
Pension (Public Services) Act (B.C. Reg. No. P085496)
Pension (Teachers) Act (B.C. Reg. No. P085495)
Pension Plan Aurora Holdings Ltd. & Related Companies (B.C. Reg. No. P086377)
Pension Plan for Apollo Forest Products Ltd. (B.C. Reg. No. P085133)
Pension Plan for Employees of B.C. Shipper Supplies Ltd. (B.C. Reg. No. P085097)
Pension Plan for Ardew Wood Products Ltd. (B.C. Reg. No. P085018)
Pension Plan for B.C. Livestock Producers Co-Operative Association (B.C. Reg. No. P085159)
Pension Plan for British Columbia Administrative Employees of Fording Coal Limited (B.C. Reg. No. P085956)
Pension Plan for Bulldog Bag Ltd. (B.C. Reg. No. P085513)
Pension Plan for Canada Way Care Centre and Canada Way Lodge (B.C. Reg. No. P085542)
Pension Plan for Certain Faculty and Staff of the University of British Columbia (B.C. Reg. No. P086386)
Pension Plan for Certain Hourly-Rated Employees At the Vancouver, British Columbia, Factory Service Branch Of (B.C. Reg. No. P085449)
Pension Plan for Certain Members of the Staff of Simon Fraser University (B.C. Reg. No. P086288)
Pension Plan for Coal Mountain Operating Employees of Fording Coal Limited (B.C. Reg. No. P086116)
Pension Plan for Coulson Group of Companies (B.C. Reg. No. P085471)
Pension Plan for Dufferin Care Centre Union Members (B.C. Reg. No. P085796)
Pension Plan for Duz Cho Logging Ltd. (B.C. Reg. No. P085194)
Pension Plan for Eligible Employees of Howe Sound Pulp and Paper Limited Partnership (B.C. Reg. No. P085195)
Pension Plan for Employees and Contractors for M.B.M. Contracting Ltd. (B.C. Reg. No. P085545)
Pension Plan for Employees of Ahbl Management Limited Partnership (B.C. Reg. No. P086433)
Pension Plan for Employees of Arranglen Lodge, a Division of C-Pac (Cypress Gardens) Inc. (B.C. Reg. No. P085752)
Pension Plan for Employees of B.C. Dairy Foundation (B.C. Reg. No. P085057)
Pension Plan for Employees of B.C. Door Co. Ltd. (B.C. Reg. No. P085122)
Pension Plan for Employees of Benton and Overbury Ltd. (B.C. Reg. No. P085515)
Pension Plan for Employees of Benwell-Atkins Limited (B.C. Reg. No. P085703)
Pension Plan for Employees of British Columbia Automobile Association (B.C. Reg. No. P085295)
Pension Plan for Employees of British Columbia Lung Association (B.C. Reg. No. P085357)
Pension Plan for Employees of Canadian Ford Dealers/Amalgamated Plan (B.C. Reg. No. P085062)
Pension Plan for Employees of Capilano Golf & Country Club (B.C. Reg. No. P085188)
Pension Plan for Employees of Carter Pontiac Buick Ltd. (B.C. Reg. No. P085720)
Pension Plan for Employees of Central Heat Distribution Limited and Subsidiaries (B.C. Reg. No. P085747)
Pension Plan for Employees of Central Park Lodges Long Term Care Real Estate Investment Trust on Behalf of Its Subsidiaries (B.C. Reg. No. P086415)
Pension Plan for Employees of Chevron Canada Limited and Participating Companies (B.C. Reg. No. P086113)
Pension Plan for Employees of Creston and District Society for Community Living (B.C. Reg. No. P085054)
Pension Plan for Employees of Custom Building Products of Canada Ltd. (B.C. Reg. No. P086196)
Pension Plan for Employees of Delta View Habilitation Centre Ltd. (B.C. Reg. No. P085759)
Pension Plan for Employees of Duke Seabridge Limited and Associated Companies (B.C. Reg. No. P086262)
Pension Plan for Employees of Evergreen Cottages Corp. (B.C. Reg. No. P086093)
Pension Plan for Employees of Extendicare (Canada) Inc. (B.C. Reg. No. P086374)
Pension Plan for Employees of Fraser Valley Credit Union (B.C. Reg. No. P085374)
Pension Plan for Employees of Gilbert Smith Forest Products Ltd. (B.C. Reg. No. P085558)
Pension Plan for Employees of Graymont Limited (B.C. Reg. No. P085431)
Pension Plan for Employees of Great West Paper Box Co. Ltd. (B.C. Reg. No. P085732)
Pension Plan for Employees of Hope International Development Agency (B.C. Reg. No. P085424)
Pension Plan for Employees of Island Acoustics Inc. (B.C. Reg. No. P085773)
Pension Plan for Employees of Kvaerner Chemetics Inc. and Participating Associated Companies (B.C. Reg. No. P086263)
Pension Plan for Employees of Kyahwood Forest Products Joint Venture (B.C. Reg. No. P086439)
Pension Plan for Employees of Lakeshore Care Centre (B.C. Reg. No. P085473)
Pension Plan for Employees of Larsen Bros. Tire Centre Ltd. (B.C. Reg. No. P085590)
Pension Plan for Employees of Masonlift Ltd. (B.C. Reg. No. P085906)
Pension Plan for Employees of Metrovalley Newspaper Group (B.C. Reg. No. P086192)
Pension Plan for Employees of Monahan Agency Ltd. (B.C. Reg. No. P085774)
Pension Plan for Employees of Morgan Place (B.C. Reg. No. P086286)
Pension Plan for Employees of Nechako Lumber Company Limited, L & M Lumber Limited, M. Manojlovic Holdings Ltd. and Etc. (B.C. Reg. No. P085418)
Pension Plan for Employees of Nechako Valley Community Services Society (B.C. Reg. No. P086038)
Pension Plan for Employees of Neufeld Management Inc. (Highland Lodge) (B.C. Reg. No. P086092)
Pension Plan for Employees of North Sea Products Ltd. (B.C. Reg. No. P085109)
Pension Plan for Employees of North Shore Home Support Society (B.C. Reg. No. P085213)
Pension Plan for Employees of Northern Savings Credit Union (B.C. Reg. No. P085008)
Pension Plan for Employees of Nutreco Canada Inc. (B.C. Reg. No. P086251)
Pension Plan for Employees of Orangeville Raceway (B.C. Reg. No. P085068)
Pension Plan for Employees of Orr Development (1980) Corp. (B.C. Reg. No. P085567)
Pension Plan for Employees of Pacific Customs Brokers Ltd. and Related Companies (B.C. Reg. No. P085410)
Pension Plan for Employees of Pentiga Holdings Ltd. (B.C. Reg. No. P085700)
Pension Plan for Employees of Princeton Light and Power Company Limited (B.C. Reg. No. P085466)
Pension Plan for Employees of Queenship Yacht Works Inc. (B.C. Reg. No. P086432)
Pension Plan for Employees of Real Estate Board of Greater Vancouver (B.C. Reg. No. P085323)
Pension Plan for Employees of Redl Industries Limited (B.C. Reg. No. P085073)
Pension Plan for Employees of Richmond Christian School Association (B.C. Reg. No. P085223)
Pension Plan for Employees of Richmond Kinsmen Home Support Society (B.C. Reg. No. P086228)
Pension Plan for Employees of Sherwood Crescent Manor Ltd. (B.C. Reg. No. P085785)
Pension Plan for Employees of Sidney Intermediate Care Home (B.C. Reg. No. P085809)
Pension Plan for Employees of South Cariboo Home Support Service Association (B.C. Reg. No. P086131)
Pension Plan for Employees of South Okanagan Community Services Society (B.C. Reg. No. P086094)
Pension Plan for Employees of Spee-Dee Printers Limited and Associated and Affiliated Companies (B.C. Reg. No. P085407)
Pension Plan for Employees of St. Leonard's Youth and Family Services Society (B.C. Reg. No. P085153)
Pension Plan for Employees of St. Vincent De Paul Society of Victoria (B.C. Reg. No. P085143)
Pension Plan for Employees of Sulzer Pumps (Canada) Inc. OTEU Local 15 Members (B.C. Reg. No. P085476)
Pension Plan for Employees of the I.U.O.E. of Carlton Gardens (B.C. Reg. No. P085528)
Pension Plan for Employees of the Vancouver Club (B.C. Reg. No. P085319)
Pension Plan for Employees of the Vancouver Jewish Community Centre (B.C. Reg. No. P085650)
Pension Plan for Employees of the Vancouver Lawn Tennis and Badminton Club (B.C. Reg. No. P085075)
Pension Plan for Employees of Thos. W. Mackay & Son Ltd. (B.C. Reg. No. P085758)
Pension Plan for Employees of Towns Netting & Marine Supplies Ltd. (B.C. Reg. No. P085768)
Pension Plan for Employees of Toyo Pumps North America Corporation (B.C. Reg. No. P086428)
Pension Plan for Employees of Triton Marine Group Inc. (B.C. Reg. No. P085327)
Pension Plan for Employees of Tsayta Contracting Ltd. (B.C. Reg. No. P086023)
Pension Plan for Employees of Valley Medical Laboratories (B.C. Reg. No. P086134)
Pension Plan for Employees of Vel-Rey Lodge (B.C. Reg. No. P086409)
Pension Plan for Employees of Victoria Association for Community Living (B.C. Reg. No. P085685)
Pension Plan for Employees of Westgen, Western Canada's Genetics Centre (B.C. Reg. No. P085134)
Pension Plan for Employees of Willingdon Park Hospital (B.C. Reg. No. P085806)
Pension Plan for Employees of Worldwide Church of God Canada (B.C. Reg. No. P086130)
Pension Plan for Executive and Senior Salaried Employees of Teck Mining Group Limited and Associated Companies (B.C. Reg. No. P086141)
Pension Plan for Executive Employees of Arkwel Industries Ltd. (B.C. Reg. No. P086293)
Pension Plan for Executive Employees of Wajax Limited (B.C. Reg. No. P086324)
Pension Plan for Executive, Business Representatives and the Office Manager of the Hotel, Restaurant, and Culinary Employees (B.C. Reg. No. P085271)
Pension Plan for Fraser Valley Real Estate Board (B.C. Reg. No. P085003)
Pension Plan for Greenhills Employees of Fording Coal Limited (B.C. Reg. No. P085687)
Pension Plan for Group "E" Employees of Westac (Western Transportation Advisory Council) (B.C. Reg. No. P086279)
Pension Plan for Harper Grey Easton (B.C. Reg. No. P086429)
Pension Plan for Hourly Employees of Chasm Sawmills, a Division of West Fraser Mills Ltd. (B.C. Reg. No. P086434)
Pension Plan for Hourly Employees of Greenwood Forest Products (1983) Ltd. (B.C. Reg. No. P085030)
Pension Plan for Hourly Employees of Line Creek Resources Ltd. (B.C. Reg. No. P085662)
Pension Plan for Hourly Employees of Microtel Limited (B.C. Reg. No. P085220)
Pension Plan for Hourly Employees of the Burnaby Plant of Bombardier Transportation (B.C. Reg. No. P086419)
Pension Plan for Hourly Employees of Weyerhaeuser Company Limited (Plan 81) (B.C. Reg. No. P085291)
Pension Plan for Hourly Employees of Weyerhaeuser Company Limited (Plan 82) (B.C. Reg. No. P085289)
Pension Plan for Hourly Employees of Weyerhaeuser Company Limited (Plan 84) (B.C. Reg. No. P085272)
Pension Plan for Hourly Paid Members of C.U.P.E. Local 116 At the University of British Columbia (B.C. Reg. No. P086301)
Pension Plan for Hourly Union Employees of Valon Kone Brunette Ltd. (B.C. Reg. No. P085943)
Pension Plan for Hourly-Paid Employees of Canadian Forest Products Ltd. Howe Sound Pulp Division (B.C. Reg. No. P086194)
Pension Plan for Hourly-Paid Employees of the Rustad Division of Canadian Forest Products Ltd. (B.C. Reg. No. P085251)
Pension Plan for Irwood Holdings Ltd. (B.C. Reg. No. P085152)
Pension Plan for Lekiu Importing Co. Ltd. (B.C. Reg. No. P086355)
Pension Plan for Lentia Enterprises Ltd. (B.C. Reg. No. P085629)
Pension Plan for Management and Exempt Employees of Pacific Blue Cross (B.C. Reg. No. P085630)
Pension Plan for Management Employees of Ames Taping Tools of Canada Ltd. (B.C. Reg. No. P085857)
Pension Plan for Members of the Brewery Winery and Distillery Workers - Local Union #300 (B.C. Reg. No. P085722)
Pension Plan for Nalley's Canada Limited (B.C. Reg. No. P085446)
Pension Plan for New World Hotels Ltd. o/a Renaissance Hotels-Vancouver (B.C. Reg. No. P085517)
Pension Plan for Non-Union Employees of Celgar Pulp Company (B.C. Reg. No. P085402)
Pension Plan for Non-Union Hourly-Paid Employees and Salaried Non-Supervisory Employees of Riverside Forest Products Ltd (B.C. Reg. No. P085454)
Pension Plan for Officers of Trinity (N.A.) Holdings Inc. (B.C. Reg. No. P086112)
Pension Plan for Prince George Activators Society (B.C. Reg. No. P085686)
Pension Plan for Radian Communication Services (Canada) Limited (B.C. Reg. No. P086257)
Pension Plan for Richmond Country Club (B.C. Reg. No. P085883)
Pension Plan for Royal Diamond Casino Inc. (B.C. Reg. No. P086391)
Pension Plan for Salaried Employees of Crown Packaging Ltd. (B.C. Reg. No. P085443)
Pension Plan for Salaried Employees of Dawson Construction Limited and Subsidiary Companies (B.C. Reg. No. P086307)
Pension Plan for Salaried Employees of PTPC Corrugated Company (B.C. Reg. No. P086423)
Pension Plan for Salaried Employees of S. J. Kernaghan Adjusters Ltd. (B.C. Reg. No. P086064)
Pension Plan for Salaried Employees of Teck Mining Group Limited and Associated Companies (B.C. Reg. No. P086142)
Pension Plan for Salaried Employees of the North West Life Assurance Company of Canada (B.C. Reg. No. P085396)
Pension Plan for Sentinel Importing Corp. (B.C. Reg. No. P086265)
Pension Plan for Southpines Private Hospital Employees of Windermere Care Centre Inc. (B.C. Reg. No. P085781)
Pension Plan for St. Vincent's Health Care Society (B.C. Reg. No. P085807)
Pension Plan for Support Staff of I.W.A. Canada (B.C. Reg. No. P086101)
Pension Plan for T.A. Management Limited (B.C. Reg. No. P086371)
Pension Plan for Tanizul Timber Ltd. (B.C. Reg. No. P086195)
Pension Plan for Team Members of Canadian Autoparts Toyota Inc. (B.C. Reg. No. P085160)
Pension Plan for the Employees of Pacific Pentecostal Education and Communication Society (B.C. Reg. No. P085101)
Pension Plan for the Administrative Staff of the IWA-Forest Industry Pension Plan (B.C. Reg. No. P085633)
Pension Plan for the British Columbia Society for the Prevention of Cruelty To Animals (B.C. Reg. No. P085108)
Pension Plan for the Diocesan Priests of the Diocese of Nelson Who Belong To the St. Joseph's Clergy Pension Association (B.C. Reg. No. P085642)
Pension Plan for the Employees and Subcontractors of Coombes Steep Slope Logging Ltd. (B.C. Reg. No. P086258)
Pension Plan for the Employees of a M Managing Partnership (B.C. Reg. No. P085013)
Pension Plan for the Employees of ABC Recycling Ltd. (B.C. Reg. No. P086384)
Pension Plan for the Employees of Acacia Ty Mawr Holdings Ltd. (B.C. Reg. No. P086029)
Pension Plan for the Employees of Active Chemicals Ltd. (B.C. Reg. No. P085157)
Pension Plan for the Employees of Airex Systems Ltd. (B.C. Reg. No. P085896)
Pension Plan for the Employees of Anchor Industries and Related Companies (B.C. Reg. No. P085139)
Pension Plan for the Employees of Andersen Pacific Forest Products Ltd. (B.C. Reg. No. P086356)
Pension Plan for the Employees of Askew's Food Services Ltd. (B.C. Reg. No. P085804)
Pension Plan for the Employees of Auld Phillips Ltd. (B.C. Reg. No. P085511)
Pension Plan for the Employees of Avison Management Services Ltd. (B.C. Reg. No. P086267)
Pension Plan for the Employees of B.C. Comfort Air Conditioning Limited (B.C. Reg. No. P085409)
Pension Plan for the Employees of B.C. Courthouse Library Society (B.C. Reg. No. P085429)
Pension Plan for the Employees of BC Institute of Technology Student Association (B.C. Reg. No. P085246)
Pension Plan for the Employees of Blackwater Construction Co. Ltd. (B.C. Reg. No. P086370)
Pension Plan for the Employees of Blenheim Lodge (B.C. Reg. No. P086327)
Pension Plan for the Employees of Brentwood College Association (B.C. Reg. No. P085576)
Pension Plan for the Employees of Bridge Machine Shop Ltd. (B.C. Reg. No. P085875)
Pension Plan for the Employees of Bulldog Bag Ltd. (B.C. Reg. No. P085516)
Pension Plan for the Employees of Burns Lake Native Development Corporation (B.C. Reg. No. P086420)
Pension Plan for the Employees of Burrard Clean Operations, a Division of Western Canada Marine Response Corporation (B.C. Reg. No. P085884)
Pension Plan for the Employees of Byland's Nurseries Ltd. (B.C. Reg. No. P086353)
Pension Plan for the Employees of Cameron Ashley Canada, Inc. (B.C. Reg. No. P086311)
Pension Plan for the Employees of Canada Way Care Centre & Canada Way Lodge (B.C. Reg. No. P085541)
Pension Plan for the Employees of Canadian Springs Water Company Ltd. (B.C. Reg. No. P086336)
Pension Plan for the Employees of Canadian Woodworks Ltd. (B.C. Reg. No. P086037)
Pension Plan for the Employees of Capilano Highway Services Company (B.C. Reg. No. P085339)
Pension Plan for the Employees of Cariboo Press Limited (B.C. Reg. No. P085565)
Pension Plan for the Employees of Carlton Gardens (B.C. Reg. No. P085340)
Pension Plan for the Employees of Castleview Care Centre (B.C. Reg. No. P085049)
Pension Plan for the Employees of Cedarhurst Private Hospital Ltd. o/a Amherst Private Hospital (B.C. Reg. No. P085907)
Pension Plan for the Employees of Central Vancouver Island Health Region (B.C. Reg. No. P085574)
Pension Plan for the Employees of Century Holdings Ltd. (B.C. Reg. No. P085544)
Pension Plan for the Employees of Century Pacific Foundry Ltd. and Associated Companies (B.C. Reg. No. P085158)
Pension Plan for the Employees of Chemical Lime Company of Canada Inc. (B.C. Reg. No. P086036)
Pension Plan for the Employees of City of Duncan Housing Society (B.C. Reg. No. P085658)
Pension Plan for the Employees of Clearly Canadian Beverage Corporation (B.C. Reg. No. P086189)
Pension Plan for the Employees of Collins Manufacturing Co. Ltd. (B.C. Reg. No. P085179)
Pension Plan for the Employees of Columbia Foam Inc. (B.C. Reg. No. P086044)
Pension Plan for the Employees of Comox Valley Child Development Association (B.C. Reg. No. P086136)
Pension Plan for the Employees of Compwood Products Ltd. (B.C. Reg. No. P086322)
Pension Plan for the Employees of Cooper Market Ltd. (B.C. Reg. No. P085084)
Pension Plan for the Employees of Decker Management Limited (B.C. Reg. No. P085803)
Pension Plan for the Employees of Detroit Diesel-Allison British Columbia Ltd. (B.C. Reg. No. P085564)
Pension Plan for the Employees of Dr. J. U. Coleman & Associates (B.C. Reg. No. P085675)
Pension Plan for the Employees of Dynamic Engineering Inc. (B.C. Reg. No. P085948)
Pension Plan for the Employees of Eagle Mapping Services Ltd. (B.C. Reg. No. P086352)
Pension Plan for the Employees of East Kootenay Loggers Association (EKLA) Member Companies (B.C. Reg. No. P086227)
Pension Plan for the Employees of Excel Transportation Inc. (B.C. Reg. No. P085202)
Pension Plan for the Employees of Extendicare(Canada) Inc./Pine Grove Lodge (B.C. Reg. No. P085951)
Pension Plan for the Employees of Farr Installations Ltd. (B.C. Reg. No. P085682)
Pension Plan for the Employees of Finlay Navigation Ltd. (B.C. Reg. No. P085654)
Pension Plan for the Employees of Fleming Printing Ltd. (B.C. Reg. No. P085819)
Pension Plan for the Employees of Fraser River Terminal Inc. (B.C. Reg. No. P086119)
Pension Plan for the Employees of Freybe Sausage Ltd. (B.C. Reg. No. P086066)
Pension Plan for the Employees of Gaea Management Limited (B.C. Reg. No. P086254)
Pension Plan for the Employees of Galloway Lumber Company Ltd. (B.C. Reg. No. P085041)
Pension Plan for the Employees of GE Smallworld (Canada) Ltd. (B.C. Reg. No. P086416)
Pension Plan for the Employees of Gemm Diesel Ltd. (B.C. Reg. No. P086325)
Pension Plan for the Employees of Good Shepherd Lodge Inc. (B.C. Reg. No. P086412)
Pension Plan for the Employees of Gourmet Baker Inc. (B.C. Reg. No. P086299)
Pension Plan for the Employees of Greater Vancouver Community Services Society (B.C. Reg. No. P086397)
Pension Plan for the Employees of Greer Shipping Ltd. (B.C. Reg. No. P085855)
Pension Plan for the Employees of Grimm's Fine Foods Ltd. (B.C. Reg. No. P086104)
Pension Plan for the Employees of H. Macdonald Printing Co. Ltd. (B.C. Reg. No. P085840)
Pension Plan for the Employees of Howe Sound Sort Ltd. (B.C. Reg. No. P086212)
Pension Plan for the Employees of Hub City Motors & Equipment Ltd. (B.C. Reg. No. P085166)
Pension Plan for the Employees of Imperial Limestone Co. Ltd. (B.C. Reg. No. P085601)
Pension Plan for the Employees of Iris the Visual Group Western Canada Inc. (B.C. Reg. No. P086065)
Pension Plan for the Employees of Island Publishers Limited (B.C. Reg. No. P085571)
Pension Plan for the Employees of Island Ropes and Equipment Ltd. (B.C. Reg. No. P085814)
Pension Plan for the Employees of J. D. Sweid Ltd. (B.C. Reg. No. P085596)
Pension Plan for the Employees of Jackpine Forest Products Ltd. (B.C. Reg. No. P086379)
Pension Plan for the Employees of Jacobson Ford Sales Ltd. (B.C. Reg. No. P086398)
Pension Plan for the Employees of Kelowna Industrial Plastics (1995) Ltd. (B.C. Reg. No. P086367)
Pension Plan for the Employees of Kintetsu International Express (Canada) Inc. (B.C. Reg. No. P085235)
Pension Plan for the Employees of Kito Canada Inc. (B.C. Reg. No. P085872)
Pension Plan for the Employees of Kobe Japanese Steakhouse Ltd. (B.C. Reg. No. P086404)
Pension Plan for the Employees of Lakeview Irrigation District (B.C. Reg. No. P085946)
Pension Plan for the Employees of Lawdell Services Limited Partnership (B.C. Reg. No. P085514)
Pension Plan for the Employees of Lifestyle Retirement Communities Ltd. (B.C. Reg. No. P086362)
Pension Plan for the Employees of Lineham Logging Ltd. (B.C. Reg. No. P085579)
Pension Plan for the Employees of Lodge Contracting Ltd. (B.C. Reg. No. P086346)
Pension Plan for the Employees of Lytton Lumber Ltd. (B.C. Reg. No. P085106)
Pension Plan for the Employees of Maax Canada Inc. - Westco Div. (B.C. Reg. No. P086139)
Pension Plan for the Employees of Manpower Services (Vancouver) Ltd. (B.C. Reg. No. P085478)
Pension Plan for the Employees of Marine Way Industries Inc. (B.C. Reg. No. P085470)
Pension Plan for the Employees of McCall Bros. Funeral Directors Ltd. (B.C. Reg. No. P085313)
Pension Plan for the Employees of McGregor & Thompson Hardware Ltd. (B.C. Reg. No. P085627)
Pension Plan for the Employees of Megson Fitzpatrick Inc. (B.C. Reg. No. P086199)
Pension Plan for the Employees of Mennonite Educational Institute (B.C. Reg. No. P085831)
Pension Plan for the Employees of Mid-Island Reman Inc. (B.C. Reg. No. P086275)
Pension Plan for the Employees of Mitsui & Co. (Canada) Ltd. (B.C. Reg. No. P086168)
Pension Plan for the Employees of Moly-Cop Canada (B.C. Reg. No. P086163)
Pension Plan for the Employees of Montenay Inc. (B.C. Reg. No. P086098)
Pension Plan for the Employees of Mussallem Chevrolet Oldsmobile Cadillac Ltd. (B.C. Reg. No. P085536)
Pension Plan for the Employees of National Forming Systems Inc. (B.C. Reg. No. P086394)
Pension Plan for the Employees of National Money Mart Inc. (B.C. Reg. No. P085950)
Pension Plan for the Employees of Nikka Industries Ltd. (B.C. Reg. No. P085534)
Pension Plan for the Employees of Northcrest Care Centre Ltd. (B.C. Reg. No. P086137)
Pension Plan for the Employees of Northern Airborne Technology Ltd. (B.C. Reg. No. P085821)
Pension Plan for the Employees of Northern Trailer Ltd. (B.C. Reg. No. P086084)
Pension Plan for the Employees of Oldcastle Building Products Canada, Inc. and Affiliated Companies (B.C. Reg. No. P086392)
Pension Plan for the Employees of Olympic Forest Products Ltd. & Affiliated Companies (B.C. Reg. No. P085444)
Pension Plan for the Employees of Owen G. Carney Ltd. (B.C. Reg. No. P085606)
Pension Plan for the Employees of P & P Industries Inc. (B.C. Reg. No. P086303)
Pension Plan for the Employees of Pacific Children's Shelter Society (B.C. Reg. No. P085506)
Pension Plan for the Employees of Pacific Metals Ltd. (B.C. Reg. No. P085172)
Pension Plan for the Employees of Pacific Screenprint Ulc (B.C. Reg. No. P086320)
Pension Plan for the Employees of Pacnord Agencies Ltd. (B.C. Reg. No. P085468)
Pension Plan for the Employees of Peace Portal Properties Ltd. (B.C. Reg. No. P085408)
Pension Plan for the Employees of Peterbilt Trucks Pacific Inc. (B.C. Reg. No. P086321)
Pension Plan for the Employees of Pleasant Meadows Lodge (1987) Ltd. (B.C. Reg. No. P086285)
Pension Plan for the Employees of Polypak Distributors Ltd. (B.C. Reg. No. P086407)
Pension Plan for the Employees of Professional Components Ltd. (B.C. Reg. No. P086400)
Pension Plan for the Employees of Pull Master Winch Corporation (B.C. Reg. No. P085423)
Pension Plan for the Employees of Quilchena Golf and Country Club (B.C. Reg. No. P085365)
Pension Plan for the Employees of Refrigerative Supply (B.C. Reg. No. P086144)
Pension Plan for the Employees of Renfrew Care Centre Ventures Ltd. (B.C. Reg. No. P086380)
Pension Plan for the Employees of Richmond Elevator Maintenance Ltd. (B.C. Reg. No. P086414)
Pension Plan for the Employees of Rupert Cleaners & Laundry Ltd. (B.C. Reg. No. P085085)
Pension Plan for the Employees of Salton Fabrication Ltd. (B.C. Reg. No. P085867)
Pension Plan for the Employees of SBC Firemaster Ltd. (B.C. Reg. No. P086390)
Pension Plan for the Employees of Seacor Environmental Engineering Inc. (B.C. Reg. No. P086341)
Pension Plan for the Employees of Seafirst Insurance Brokers (Brentwood Bay), a Division of Seaboard Properties Ltd. (B.C. Reg. No. P086422)
Pension Plan for the Employees of Seton Villa (B.C. Reg. No. P085170)
Pension Plan for the Employees of Seymour Golf & Country Club (B.C. Reg. No. P085908)
Pension Plan for the Employees of Silver Threads Service (B.C. Reg. No. P085349)
Pension Plan for the Employees of Simon Fraser Lodge Inc. (B.C. Reg. No. P085939)
Pension Plan for the Employees of Skaha Ford Inc. (B.C. Reg. No. P085864)
Pension Plan for the Employees of Smith Industries Ltd. (B.C. Reg. No. P085088)
Pension Plan for the Employees of Southcoast Millwork Ltd. (B.C. Reg. No. P085912)
Pension Plan for the Employees of St. Margaret's School (B.C. Reg. No. P085394)
Pension Plan for the Employees of Stave Lake Cedar Mills (1992) Inc. (B.C. Reg. No. P086162)
Pension Plan for the Employees of Still Waters Private Hospital and Joseph Benjamin Residence (B.C. Reg. No. P086020)
Pension Plan for the Employees of Stones Bay Holdings Ltd. (B.C. Reg. No. P086191)
Pension Plan for the Employees of Sun Pointe Village in Rutland (B.C. Reg. No. P086408)
Pension Plan for the Employees of Suntech Optics Inc. (B.C. Reg. No. P085118)
Pension Plan for the Employees of Sure-Spar Logging Co. Ltd. (B.C. Reg. No. P085684)
Pension Plan for the Employees of Sutherland Hills Rest Home Ltd. (B.C. Reg. No. P085651)
Pension Plan for the Employees of Team Skyline Sports Ltd. (B.C. Reg. No. P086080)
Pension Plan for the Employees of the Alma Mater Society of the University of British Columbia (B.C. Reg. No. P085707)
Pension Plan for the Employees of the East Kootenay Log Haulers Association Member Companies (B.C. Reg. No. P086295)
Pension Plan for the Employees of the Kelowna Home Support Society (B.C. Reg. No. P085649)
Pension Plan for the Employees of the Pepsi Bottling Group (Canada), Co. (B.C. Reg. No. P086097)
Pension Plan for the Employees of Thunderbird Press Ltd. (B.C. Reg. No. P086223)
Pension Plan for the Employees of Toshiba International Corporation (B.C. Reg. No. P085997)
Pension Plan for the Employees of Tremco Canada Division, Rpm Canada (B.C. Reg. No. P086170)
Pension Plan for the Employees of Trinity Western University (B.C. Reg. No. P086304)
Pension Plan for the Employees of Tristar Industries Ltd. (B.C. Reg. No. P085341)
Pension Plan for the Employees of Tyee Timber Products Ltd. (B.C. Reg. No. P085351)
Pension Plan for the Employees of Unipro Distributors Co. Ltd. and Participating Employers (B.C. Reg. No. P085344)
Pension Plan for the Employees of Vala Holdings Ltd. (B.C. Reg. No. P085645)
Pension Plan for the Employees of Van-Whole Produce Ltd. (B.C. Reg. No. P085128)
Pension Plan for the Employees of Vancouver College Limited (B.C. Reg. No. P085336)
Pension Plan for the Employees of Vancouver Resource Society for the Physically Disabled (B.C. Reg. No. P085024)
Pension Plan for the Employees of Variety Club of British Columbia (B.C. Reg. No. P086268)
Pension Plan for the Employees of Victoria Christian Education Society (B.C. Reg. No. P085653)
Pension Plan for the Employees of Vortek Industries Ltd. (B.C. Reg. No. P085619)
Pension Plan for the Employees of Waldun Forest Products Ltd. (B.C. Reg. No. P085849)
Pension Plan for the Employees of Wasserman & Partners Advertising Inc. (B.C. Reg. No. P086206)
Pension Plan for the Employees of Web Press Graphics Ltd. (B.C. Reg. No. P085594)
Pension Plan for the Employees of West Bay Sonship Yachts Ltd. (B.C. Reg. No. P086290)
Pension Plan for the Employees of West Coast Express Limited (B.C. Reg. No. P086271)
Pension Plan for the Employees of West Vancouver Care Centre (B.C. Reg. No. P085042)
Pension Plan for the Employees of Westcan Industries Ltd. (B.C. Reg. No. P085836)
Pension Plan for the Employees of Western Canadian Dairy Herd Improvement Services - B.C. Division (B.C. Reg. No. P085051)
Pension Plan for the Employees of Western Pacific Wood Preservers Ltd. (B.C. Reg. No. P085559)
Pension Plan for the Employees of Westkey Graphic Communications Inc. and Subsidiary and Affiliated Companies (B.C. Reg. No. P086208)
Pension Plan for the Employees of Westower Communications Ltd. (B.C. Reg. No. P086418)
Pension Plan for the Employees of Westside Care Centre (B.C. Reg. No. P086019)
Pension Plan for the Employees of Willowdale Guest Home Ltd. (B.C. Reg. No. P086302)
Pension Plan for the Employees of WWNT1 Limited (B.C. Reg. No. P086411)
Pension Plan for the Excluded Employees of Vancouver Art Gallery Association (B.C. Reg. No. P085337)
Pension Plan for the Exempt Employees of School District No. 60 (B.C. Reg. No. P085895)
Pension Plan for the Gardens of Gethsemani (B.C. Reg. No. P085090)
Pension Plan for the H.E.U. and B.C.N.U. Employees of Fraserview Intermediate Care Lodge Co. Ltd. (B.C. Reg. No. P086157)
Pension Plan for the Hourly Employees of Ipex Inc. (B.C. Reg. No. P085156)
Pension Plan for the Hourly Paid Employees of Apollo Forest Products Ltd. (B.C. Reg. No. P085067)
Pension Plan for the Management and Executive Staff of B.P.L. Management Ltd. (B.C. Reg. No. P085211)
Pension Plan for the Management and Full-Time Administrative Employees of Zlotnik, Lamb & Company (B.C. Reg. No. P085131)
Pension Plan for the Management Employees of Aero Trading Co. Ltd. (B.C. Reg. No. P085592)
Pension Plan for the Management Employees of Ken Evans Ford Sales Ltd. (B.C. Reg. No. P086403)
Pension Plan for the Non Union and Inside Union Employees of Hollyburn Lumber Company (B.C. Reg. No. P086085)
Pension Plan for the Non-Union Employees of Mitchell Press Limited (B.C. Reg. No. P086405)
Pension Plan for the Non-Union Employees of Wedgewood Village Estates Ltd. (B.C. Reg. No. P086235)
Pension Plan for the Regular and Seasonal Employees of Canadian Fishing Company (B.C. Reg. No. P085530)
Pension Plan for the Salaried and Hourly Employees of Frontier Equipment Limited (B.C. Reg. No. P086280)
Pension Plan for the Salaried Employees of Belmont Properties (B.C. Reg. No. P085210)
Pension Plan for the Salaried Employees of Dyno Nobel Titan Ltd. (B.C. Reg. No. P085350)
Pension Plan for the Salaried Employees of Hayes Forest Services Limited (B.C. Reg. No. P085832)
Pension Plan for the Salaried Employees of International Brotherhood of Electrical Workers Union Local 258 (B.C. Reg. No. P085641)
Pension Plan for the Salaried Employees of Titan Steel & Wire Co. Ltd. (B.C. Reg. No. P085861)
Pension Plan for the Secretarial Staff of the Hotel Restaurant and Culinary Employees and Bartenders Union Local 40 (B.C. Reg. No. P085270)
Pension Plan for the Staff of Deltassist Family and Community Services Society (B.C. Reg. No. P085165)
Pension Plan for the Staff of SDM Realty Advisors Ltd. (B.C. Reg. No. P086166)
Pension Plan for the Union Employees of Hollyburn Lumber Company (B.C. Reg. No. P085475)
Pension Plan for the Union Employees of Nanaimo Seniors Village (B.C. Reg. No. P086431)
Pension Plan for the Union Employees of School District No. 60 (B.C. Reg. No. P085428)
Pension Plan for the Union Employees of Vancouver Art Gallery Association (B.C. Reg. No. P085334)
Pension Plan for Union Employees in British Columbia of Mueller Flow Control, a Division of Mueller Canada Ltd. (B.C. Reg. No. P085445)
Pension Plan for Union Employees of Inglewood Private Hospital (B.C. Reg. No. P085379)
Pension Plan for Union Employees of Pacific Blue Cross (B.C. Reg. No. P085487)
Pension Plan for United Concrete & Gravel Ltd. (B.C. Reg. No. P086359)
Pension Plan for Valon Kone Brunette Ltd. (B.C. Reg. No. P085755)
Pension Plan for Villa Cathay Care Home Society (B.C. Reg. No. P085549)
Pension Plan for West Coast Electric Ltd. (B.C. Reg. No. P085343)
Pension Plan for Western Star Trucks Inc. Kelowna Hourly Employees (B.C. Reg. No. P085173)
Pension Plan for Westwood Fibre Ltd. (B.C. Reg. No. P085820)
Pension Plan of the United Way of the Lower Mainland (B.C. Reg. No. P085744)
Pile Drivers, Divers, Bridge, Dock & Wharf Builders Pension Plan (B.C. Reg. No. P085441)
Pope & Talbot Ltd. Pension Plan for Permanent Salaried Employees (B.C. Reg. No. P085745)
Pope & Talbot Ltd. Retirement Plan for Employees Represented By the Canadian Merchant Service Guild (B.C. Reg. No. P086087)
PPWC - Mackenzie Wood Products Pension Plan (B.C. Reg. No. P085230)
Profit Sharing Pension Plan for the Qualified Employees of West Coast Apparel Inc. (B.C. Reg. No. P085239)
Pulp and Paper Industry Pension Plan (B.C. Reg. No. P085324)
Queen Charlotte Islands/Haida Gwaii Health Care Council Retirement Plan (B.C. Reg. No. P086135)
Quesnel River Pulp Company Hourly-Paid Employees' Pension Plan (B.C. Reg. No. P085333)
Quesnel River Pulp Company Salaried Employees' Pension Plan (B.C. Reg. No. P085328)
Reg. Pension Plan for Employees of Independent Contractors & Business Assoc. of B.C. and Participating Affiliates (B.C. Reg. No. P085637)
Registered Pension Plan for B.C. Lions Society for Children With Disabilities (B.C. Reg. No. P085346)
Registered Pension Plan for Employees of A.M. Naqvi Inc., C.M. Berg Inc., and Stefan Lehmann Inc. dba Berg, Naqvi & Co. (B.C. Reg. No. P085114)
Registered Pension Plan for Employees of Andrew Sheret Limited (B.C. Reg. No. P085588)
Registered Pension Plan for Employees of B.C. Amateur Hockey Association (B.C. Reg. No. P085070)
Registered Pension Plan for Employees of B.P.Y.A. Management Limited Partnership (B.C. Reg. No. P085660)
Registered Pension Plan for Employees of Barry Hamel Equipment Ltd. and Participating Affiliates (B.C. Reg. No. P085032)
Registered Pension Plan for Employees of Belair Resthome Ltd. and Participating Affiliates (B.C. Reg. No. P086246)
Registered Pension Plan for Employees of Benwest Logging Ltd. (B.C. Reg. No. P086368)
Registered Pension Plan for Employees of Boundary Electric (1985) Ltd. (B.C. Reg. No. P085069)
Registered Pension Plan for Employees of Brenco Industries Limited and Participating Affiliates (B.C. Reg. No. P085072)
Registered Pension Plan for Employees of C & M Management Services Limited Partnership (B.C. Reg. No. P085631)
Registered Pension Plan for Employees of Canaccord Capital Corporation (B.C. Reg. No. P086306)
Registered Pension Plan for Employees of Catholic Public Schools of Nelson Diocese and Participating Affiliates (B.C. Reg. No. P085580)
Registered Pension Plan for Employees of Central Interior Family Foundation (B.C. Reg. No. P085033)
Registered Pension Plan for Employees of Central Laboratory for Veterinarians Ltd. (B.C. Reg. No. P085082)
Registered Pension Plan for Employees of Chalmers Lodge (B.C. Reg. No. P085706)
Registered Pension Plan for Employees of Coast Tractors & Equipment Ltd. (B.C. Reg. No. P085098)
Registered Pension Plan for Employees of Coast Trade Bindery Ltd. (B.C. Reg. No. P085705)
Registered Pension Plan for Employees of Community Living Society and Participating Affiliates (B.C. Reg. No. P085537)
Registered Pension Plan for Employees of Crofton House School (B.C. Reg. No. P085538)
Registered Pension Plan for Employees of E-One Moli Energy (Canada) Limited (B.C. Reg. No. P085187)
Registered Pension Plan for Employees of Echo Toyota Ltd. (B.C. Reg. No. P085457)
Registered Pension Plan for Employees of Enterprise Paper Co. Ltd. (B.C. Reg. No. P086222)
Registered Pension Plan for Employees of Exchange-A-Blade Ltd. (B.C. Reg. No. P085505)
Registered Pension Plan for Employees of Feely's Tank Truck Service Ltd. (B.C. Reg. No. P086148)
Registered Pension Plan for Employees of Fraser River Pile & Dredge Ltd. and Participating Affiliates (B.C. Reg. No. P085546)
Registered Pension Plan for Employees of Greater Vancouver Youth for Christ (B.C. Reg. No. P085816)
Registered Pension Plan for Employees of Hallmark Management Services Limited Partnership (B.C. Reg. No. P085570)
Registered Pension Plan for Employees of Harris & Company (B.C. Reg. No. P085103)
Registered Pension Plan for Employees of Herzog Rope Ltd. (B.C. Reg. No. P085963)
Registered Pension Plan for Employees of Hilton Villa (B.C. Reg. No. P085055)
Registered Pension Plan for Employees of HMS Lumber Inc. (B.C. Reg. No. P085525)
Registered Pension Plan for Employees of Ingledew's Limited and Ingledew's Kelowna Ltd. (B.C. Reg. No. P085539)
Registered Pension Plan for Employees of Jones Ties & Poles (1978) Ltd. and Participating Affiliates (B.C. Reg. No. P085212)
Registered Pension Plan for Employees of Kelowna Catholic School Council and Participating Affiliates (B.C. Reg. No. P085667)
Registered Pension Plan for Employees of Klimko Insurance Brokers Ltd. (B.C. Reg. No. P085027)
Registered Pension Plan for Employees of Lark Enterprises Ltd. and Participating Affiliates (B.C. Reg. No. P086224)
Registered Pension Plan for Employees of Mining Association of British Columbia (B.C. Reg. No. P085120)
Registered Pension Plan for Employees of Pacific Centre Family Services Association (B.C. Reg. No. P085145)
Registered Pension Plan for Employees of Parksville and District Home Support Society (B.C. Reg. No. P085142)
Registered Pension Plan for Employees of Peace Arch Community Services Society (B.C. Reg. No. P085798)
Registered Pension Plan for Employees of Pliant Packaging of Canada, L.L.C. (B.C. Reg. No. P085527)
Registered Pension Plan for Employees of Point Grey Golf & Country Club (B.C. Reg. No. P085657)
Registered Pension Plan for Employees of Point Hope Shipyard Co. Ltd. (B.C. Reg. No. P085056)
Registered Pension Plan for Employees of Porter Engineering Ltd. (B.C. Reg. No. P085089)
Registered Pension Plan for Employees of Real Estate Council of British Columbia (B.C. Reg. No. P085083)
Registered Pension Plan for Employees of Regent College (B.C. Reg. No. P085290)
Registered Pension Plan for Employees of Ring Contracting Ltd. and Associated Companies (B.C. Reg. No. P085607)
Registered Pension Plan for Employees of Riverside Forest Products (Williams Lake) Limited (B.C. Reg. No. P085655)
Registered Pension Plan for Employees of School District No. 34 (Abbotsford) (B.C. Reg. No. P085301)
Registered Pension Plan for Employees of Sky Chefs Canada Company (B.C. Reg. No. P086203)
Registered Pension Plan for Employees of St. Thomas More Collegiate Ltd. (B.C. Reg. No. P086291)
Registered Pension Plan for Employees of the Children's Foundation (B.C. Reg. No. P085107)
Registered Pension Plan for Employees of the Fraser Institute (B.C. Reg. No. P085052)
Registered Pension Plan for Employees of Thompson Creek Mining Ltd. (B.C. Reg. No. P085430)
Registered Pension Plan for Employees of VAE Nortrak Ltd. (B.C. Reg. No. P086158)
Registered Pension Plan for Employees of Vancouver General Hospital (B.C. Reg. No. P086326)
Registered Pension Plan for Employees of Vancouver Talmud Torah Association (B.C. Reg. No. P085643)
Registered Pension Plan for Employees of Westbank Packers Ltd. (B.C. Reg. No. P085725)
Registered Pension Plan for Employees of Westran Services Limited and Participating Affiliates (B.C. Reg. No. P085733)
Registered Pension Plan for Executive Employees of Stanley Pharmaceuticals, a Division of Vita Health Products Inc. (B.C. Reg. No. P085991)
Registered Pension Plan for the Employees of Blubber Bay Quarry Division (B.C. Reg. No. P085007)
Registered Pension Plan for the Employees of British Columbia Milk Marketing Board (B.C. Reg. No. P085691)
Registered Pension Plan for the Employees of Fleetwood Sausage, a Division of Consolidated Food Brands Inc. (B.C. Reg. No. P085277)
Registered Pension Plan for the Employees of H & C Management Consultants Ltd. (B.C. Reg. No. P086378)
Registered Pension Plan for the Employees of Simpson, Spence & Young (Canada) (B.C. Reg. No. P085002)
Registered Pension Plan for Union Employees of Andres Wines (B.C.) Ltd. (B.C. Reg. No. P085811)
Repap British Columbia Inc. Retirement Plan for Salaried Employees (B.C. Reg. No. P085521)
Retail Wholesale Union Pension Plan (B.C. Reg. No. P085296)
Retirement Income Plan for Certain Bargaining Unit Employees of CSG Security Inc. (B.C. Reg. No. P086165)
Retirement Pension Plan for Employees of Vernon and District Credit Union (B.C. Reg. No. P085112)
Retirement Plan for B.C. Employees of Edwards, a Unit of General Signal Limited Who Are Members of IBEW Local 213 (B.C. Reg. No. P085427)
Retirement Plan for Bargaining Unit Employees of the Canadian Northern Shield Insurance Company (B.C. Reg. No. P085375)
Retirement Plan for Canadian Ports Clearance Association (B.C. Reg. No. P085405)
Retirement Plan for Employees of Commonwealth Insurance Company (B.C. Reg. No. P085280)
Retirement Plan for Employees of Ellett Industries Ltd. (B.C. Reg. No. P085174)
Retirement Plan for Employees of Forest Industrial Relations Limited and of the Pulp and Paper Employee Relations Forum (B.C. Reg. No. P085595)
Retirement Plan for Employees of Gescan (B.C. Reg. No. P086110)
Retirement Plan for Employees of Ladner Downs (B.C. Reg. No. P085890)
Retirement Plan for Employees of Okanagan Regional Library District (B.C. Reg. No. P085414)
Retirement Plan for Employees of Stanley Pharmaceuticals, a Division of Vita Health Products Inc. (B.C. Reg. No. P085933)
Retirement Plan for Employees of the Butchart Gardens Ltd. (B.C. Reg. No. P085361)
Retirement Plan for Executive Employees of Weyerhaeuser Company Limited (Plan 97) (B.C. Reg. No. P085292)
Retirement Plan for Management and Union-Exempt Employees of the Canadian Northern Shield Insurance Company (B.C. Reg. No. P085376)
Retirement Plan for Management Employees of Stanley Pharmaceuticals, a Division of Vita Health Products Inc. (B.C. Reg. No. P085934)
Retirement Plan for Non-Management Employees of Butler Brothers Supplies Ltd. and Subsidiary Companies (B.C. Reg. No. P085723)
Retirement Plan for Non-Teaching Employees of School District No. 35 (Langley) (B.C. Reg. No. P085034)
Retirement Plan for Non-Teaching Employees of School District No. 43 (Coquitlam) (B.C. Reg. No. P085320)
Retirement Plan for Salaried Employees of Cipa Lumber Co. Ltd. (B.C. Reg. No. P085148)
Retirement Plan for Salaried Employees of Finlay Forest Industries Inc. (B.C. Reg. No. P085422)
Retirement Plan for Salaried Employees of Pope & Talbot Ltd. Harmac Division (B.C. Reg. No. P085837)
Retirement Plan for Salaried Employees of Steveston Harbour Authority (B.C. Reg. No. P085369)
Retirement Plan for Salaried Employees of the Westar Group (B.C. Reg. No. P085501)
Retirement Plan for Salaried Employees of Tyrer Enterprises Ltd., Overseas Courier Service Ltd. and Trans-Pacific Etc. (B.C. Reg. No. P086143)
Retirement Plan for Salaried Employees of Weyerhaeuser Company Limited (Plan 90) (B.C. Reg. No. P085287)
Retirement Plan for the Employees of B-H Woodturning Ltd. (B.C. Reg. No. P085368)
Retirement Plan for the Employees of BC Biomedical Laboratories Ltd. (B.C. Reg. No. P085404)
Retirement Plan for the Employees of Cherington Intercare Inc. (B.C. Reg. No. P085450)
Retirement Plan for the Employees of Crestbrook Forest Industries Ltd. (B.C. Reg. No. P086239)
Retirement Plan for the Employees of David Oppenheimer and Associates Limited Partnership (B.C. Reg. No. P086067)
Retirement Plan for the Employees of Dr. James Findlay Inc. (B.C. Reg. No. P086028)
Retirement Plan for the Employees of Emil Anderson Construction Co. Ltd. & Associated Companies (B.C. Reg. No. P085255)
Retirement Plan for the Employees of Gibsons Building Supplies Ltd. (B.C. Reg. No. P085417)
Retirement Plan for the Employees of Golden West Bakery Ltd. and Gizella Pastry Ltd. (B.C. Reg. No. P085640)
Retirement Plan for the Employees of IRLY Distributors Ltd. (B.C. Reg. No. P085921)
Retirement Plan for the Employees of Nicholson Manufacturing Ltd. (B.C. Reg. No. P085401)
Retirement Plan for the Employees of Operating Engineers Local 115 Joint Apprenticeship and Training Plan (B.C. Reg. No. P085138)
Retirement Plan for the Employees of Pacific Lumber Inspection Bureau, British Columbia Division (B.C. Reg. No. P085021)
Retirement Plan for the Employees of Pacific Western Brewing Company Ltd. (B.C. Reg. No. P085679)
Retirement Plan for the Employees of Reliable Parts Ltd. (B.C. Reg. No. P086105)
Retirement Plan for the Employees of Servomation Inc. (B.C. Reg. No. P085919)
Retirement Plan for the Employees of Southwest Contracting Ltd. (B.C. Reg. No. P085788)
Retirement Plan for the Employees of Stuart Lake Lumber Co. Ltd. (B.C. Reg. No. P085598)
Retirement Plan for the Employees of Summit Motors Ltd. (B.C. Reg. No. P085801)
Retirement Plan for the Employees of Sunshine Coast Disposal Services Ltd. (B.C. Reg. No. P085416)
Retirement Plan for the Employees of Whillis Harding Insurance Agencies Ltd. and Participating Affiliates (B.C. Reg. No. P085905)
Retirement Plan for the Non-Union Employees of Pacific Builders' Supplies Ltd. And/Or Associated and Affiliated Co (B.C. Reg. No. P085366)
Retirement Plan for Union and Non-Union Employees of Parking Corporation of Vancouver (B.C. Reg. No. P085257)
Retirement Plan of the Vancouver Bargaining Unit Employees of Sonoco Limited-Sonoco Limitüe (B.C. Reg. No. P085978)
Retirement Savings Plan for the Employees of BEI Engineering Inc. (B.C. Reg. No. P086350)
Revised Employees' Pension Plan for Employees of British Columbia Rapid Transit Company Ltd. (B.C. Reg. No. P085770)
Revised Employees' Pension Plan for Employees of North Arm Transportation Limited (B.C. Reg. No. P085753)
Revised Employees' Pension Plan for Employees of O.K. Industries Ltd. (B.C. Reg. No. P085771)
Revised Employees' Pension Plan for Employees of Okanagan Similkameen Co-Operative Growers Association (B.C. Reg. No. P085750)
Revised Employees' Pension Plan for Employees of Smith-Barregar a Division of Sodisco-Howden Group Inc. (B.C. Reg. No. P085735)
Revised Pension Plan for Employees of Girl Guides of Canada B.C. Council (B.C. Reg. No. P085783)
Revised Pension Plan for Employees of Jones Food Store Equipment Ltd. (B.C. Reg. No. P085702)
Revised Pension Plan for Employees of Ladner Private Hospital Ltd. (B.C. Reg. No. P085698)
Revised Pension Plan for Employees of Teleflex (Canada) Limited (B.C. Reg. No. P085810)
Revised Pension Plan for Employees of Universal Supply Co. Ltd. (B.C. Reg. No. P085769)
Revised Pension Plan for Non-Union Employees of National Signcorp Investments Ltd. (B.C. Reg. No. P085850)
Richmond Steel Recycling Limited Retirement Plan (B.C. Reg. No. P085249)
Riverside Forest Products Limited Registered Pension Plan (B.C. Reg. No. P086425)
Riverside Forest Products Limited Retirement Plan for Salaried Employees (B.C. Reg. No. P085426)
Robert Stewart Holdings Ltd. Pension Plan for Designated Employees (B.C. Reg. No. P085264)
Rogers Sugar Ltd. Pension Plan for Salaried Employees (B.C. Reg. No. P086154)
Salzgitter Trade, Inc. Retirement Income Plan (B.C. Reg. No. P085256)
Scott Paper Limited Western Manufacturing Division Hourly Employees Pension Plan (B.C. Reg. No. P085485)
Shawnigan Lake School Employees' Pension Plan (B.C. Reg. No. P085664)
Sheet Metal Workers (Local 280) Pension Plan (B.C. Reg. No. P085147)
Shopworkers Industrial Union Local 1928 Pension Plan (B.C. Reg. No. P085458)
Shoreworker Pension Plan, Administered By the United Fishermen and Allied Workers' Union (B.C. Reg. No. P085311)
Shuswap Home Support Services Defined Contribution Pension Plan (B.C. Reg. No. P085183)
Simon Fraser University Pension Plan for Administrative/Union Staff (B.C. Reg. No. P085176)
Simon Fraser University Pension Plan for the Members of Academic Staff (B.C. Reg. No. P085175)
Skytrain Employees' Pension Plan (B.C. Reg. No. P085236)
Slocan Group Money Purchase Pension Plan (B.C. Reg. No. P086315)
Slocan Group Salaried Pension Plan (B.C. Reg. No. P085749)
Snowcrest Packers Ltd. Pension Plan (B.C. Reg. No. P086364)
Southern Railway of British Columbia Pension Plan for Unionized Employees (B.C. Reg. No. P085584)
St. George's School Staff Pension Plan (B.C. Reg. No. P085347)
Staff Pension Plan for Salaried Employees of Terminal City Iron Works Ltd. (B.C. Reg. No. P086153)
Staff Pension Plan for Caribou Road Services Ltd. (B.C. Reg. No. P085990)
Staff Pension Plan for Centennial Park Lodge (Kamon Holdings Ltd.) (B.C. Reg. No. P086310)
Staff Pension Plan for Employees of Ames Bros. Distributors Ltd. and Its Subsidiary and Associated Companies (B.C. Reg. No. P086140)
Staff Pension Plan for Employees of Beacon Hill Villa (B.C. Reg. No. P085387)
Staff Pension Plan for Employees of Boundary Home Support Service (B.C. Reg. No. P085639)
Staff Pension Plan for Employees of Campbell River Home Support Services (B.C. Reg. No. P085765)
Staff Pension Plan for Employees of Castlegar & District Home Support Services (B.C. Reg. No. P085969)
Staff Pension Plan for Employees of Central Cariboo Chilcotin Health Council (B.C. Reg. No. P086132)
Staff Pension Plan for Employees of Central Vancouver Island Health Region, Port Alberni Home Support Site (B.C. Reg. No. P085353)
Staff Pension Plan for Employees of Chantelle Management Ltd. (B.C. Reg. No. P085779)
Staff Pension Plan for Employees of Coast Wholesale Appliances Ltd. (B.C. Reg. No. P086059)
Staff Pension Plan for Employees of Comox Valley Home Support Society (B.C. Reg. No. P085377)
Staff Pension Plan for Employees of CPAC (Malaspina Gardens) Inc. (B.C. Reg. No. P086011)
Staff Pension Plan for Employees of Cranbrook Home Support Services (B.C. Reg. No. P085388)
Staff Pension Plan for Employees of Creston & District Health Council (B.C. Reg. No. P085782)
Staff Pension Plan for Employees of CVIHR Cowichan Home Support (B.C. Reg. No. P085359)
Staff Pension Plan for Employees of Greater Trail Community Health Council/Greater Trail Home Support Services (B.C. Reg. No. P085903)
Staff Pension Plan for Employees of Hu Enterprises Ltd. (B.C. Reg. No. P085853)
Staff Pension Plan for Employees of Kamloops Community Support Services (B.C. Reg. No. P085854)
Staff Pension Plan for Employees of Keremeos & District Home Support Services (B.C. Reg. No. P085363)
Staff Pension Plan for Employees of Kimberley Community Health Council (B.C. Reg. No. P085354)
Staff Pension Plan for Employees of Matsqui Credit Union (B.C. Reg. No. P085384)
Staff Pension Plan for Employees of North Shore Private Hospital (1985) Ltd. (B.C. Reg. No. P085844)
Staff Pension Plan for Employees of Penticton Home Support Services (B.C. Reg. No. P085797)
Staff Pension Plan for Employees of Powell River Community Health Council/Powell River & District Home Support (B.C. Reg. No. P085676)
Staff Pension Plan for Employees of Prince Rupert Home Support Association (B.C. Reg. No. P085977)
Staff Pension Plan for Employees of Quesnel and District Community Health Council: Home Support Services (B.C. Reg. No. P085669)
Staff Pension Plan for Employees of Seafood Products Company Ltd. (B.C. Reg. No. P085670)
Staff Pension Plan for Employees of Simon Fraser Home Support Association (B.C. Reg. No. P085858)
Staff Pension Plan for Employees of the Fairhaven United Church Homes (B.C. Reg. No. P085386)
Staff Pension Plan for Employees of the News Group, Division of Jim Pattison International Ltd. (B.C. Reg. No. P085940)
Staff Pension Plan for Employees of Thompson Health Region (B.C. Reg. No. P085937)
Staff Pension Plan for Employees of Wayne Watson Construction Ltd. (B.C. Reg. No. P086051)
Staff Pension Plan for Employees of West Shore Laylum Intermediate Care Home (B.C. Reg. No. P085902)
Staff Pension Plan for Employees of Windermere Care Centre Inc. (B.C. Reg. No. P085936)
Staff Pension Plan for H.E.U. Employees of Trout Lake Manor Inc. (B.C. Reg. No. P085975)
Staff Pension Plan for Haney Intermediate Care Centre Employees of Mide Holdings Ltd. (B.C. Reg. No. P085695)
Staff Pension Plan for Haven Hill Retirement Centre Employees of A.C.M.C.J Holdings Ltd. (B.C. Reg. No. P085385)
Staff Pension Plan for Management and Administrative Employees of Campbell River Home Support Services (B.C. Reg. No. P085766)
Staff Pension Plan for Management Employees of Kimberley & District Home Support Service Society (B.C. Reg. No. P085578)
Staff Pension Plan for Management Employees of Mount Waddington Family Services Society (B.C. Reg. No. P085372)
Staff Pension Plan for Professional Nurses of Trout Lake Manor Inc. (B.C. Reg. No. P085971)
Staff Pension Plan for the Employees of Bonnymuir Lodge Ltd. (B.C. Reg. No. P086297)
Staff Pension Plan for the Employees of Cartier House Care Centre Ltd. (B.C. Reg. No. P085391)
Staff Pension Plan for the Employees of Mount Waddington Health Council (B.C. Reg. No. P085815)
Staff Pension Plan for the Employees of Navigant Consulting Limited (B.C. Reg. No. P086358)
Staff Pension Plan for the Employees of Point Grey Private Hospital (B.C. Reg. No. P086045)
Staff Pension Plan for Vernon & District Home Support - Administration (B.C. Reg. No. P085795)
Sterling Newspapers Ltd. and Associated Companies Pension Plan (B.C. Reg. No. P085060)
Sterling Pulp Chemicals Ltd. Employees' Pension Plan for Members of Pulp & Paper Workers of Canada, Local 5 (Vancouver) (B.C. Reg. No. P085526)
Sulzer Pumps (Canada) Inc. Employees' Pension Plan (B.C. Reg. No. P086171)
Sumitomo Canada Limited Employee Pension Plan (B.C. Reg. No. P086169)
Sun-Rype Products Ltd. Pension Plan (B.C. Reg. No. P086072)
Taylor Gas Liquids Ltd. Employees' Retirement Plan (B.C. Reg. No. P086226)
TCG International Inc. Life Income Plan (B.C. Reg. No. P085488)
Teamsters Canadian Pension Plan (B.C. Reg. No. P086202)
Technical University of British Columbia Pension Plan (B.C. Reg. No. P086393)
Terminal City Club Pension Plan (B.C. Reg. No. P085472)
Terminal Forest Products Ltd. Pension Plan (B.C. Reg. No. P085743)
Texada Quarrying Ltd. Hourly Employees Pension Plan (B.C. Reg. No. P085586)
The Pension Plan for the Employees of Canadian Paraplegic Association - B.C. Division (B.C. Reg. No. P085095)
The Bricklayers and Masons Pension Plan (B.C. Reg. No. P085491)
The Dominion Company Retirement Plan (B.C. Reg. No. P086089)
The Grocery Group Retirement Plan (B.C. Reg. No. P085494)
The North West Life Assurance Company of Canada Pension Plan for Former Employees of Seaboard Life Insurance Company (B.C. Reg. No. P086180)
The Pension Plan for Best Recycling (Canada) Ltd. (B.C. Reg. No. P085317)
The Pension Plan for Continental Distributors Ltd. & Affiliated Companies (B.C. Reg. No. P086225)
The Pension Plan for Employees of Elk Valley and South Country Health Council (B.C. Reg. No. P085968)
The Pension Plan for Employees of Ten Point Enterprises Ltd. (B.C. Reg. No. P085061)
The Pension Plan for Hourly Employees of Tolko Industries Ltd. (B.C. Reg. No. P085208)
The Pension Plan for Pacific Fundraising Limited (B.C. Reg. No. P086334)
The Pension Plan for the B.C. Employees of A. J. Forsyth and Company Ltd. (B.C. Reg. No. P085456)
The Pension Plan for the Employees of Allied Holdings Ltd. (B.C. Reg. No. P085036)
The Pension Plan for the Employees of Highland Foundry Ltd. (B.C. Reg. No. P085048)
The Pension Plan for the Employees of R. Griffith Land Surveying Inc. (B.C. Reg. No. P086417)
The Pension Plan for the Insurance Council of British Columbia (B.C. Reg. No. P085382)
The Plumbing and Pipefitting Workers Local 170 Pension Plan (B.C. Reg. No. P085748)
The Ravelston Corporation Limited Pension Plan for Managerial and Salaried Employees in British Columbia (B.C. Reg. No. P085019)
The Retirement Plan for the Employees of Kelland Foods Ltd., Quality Foods (Parksville) Ltd. and Quality Foods (Nanoose) (B.C. Reg. No. P085433)
The Staff Pension Plan for the Employees of Vernon and District Home Support (B.C. Reg. No. P085719)
The Teck Cominco Metals Ltd. Pension Plan for B.C. Unionized Employees (B.C. Reg. No. P085499)
Themis Program Management & Consulting Ltd. Pension Plan (B.C. Reg. No. P085079)
Timberwest Forest Corp. Retirement Plan for Salaried Employees (B.C. Reg. No. P086316)
Timberwest Forest Management Limited Retirement Plan "B" (B.C. Reg. No. P085399)
Tokyu Canada Corporation Pension Plan for Executive Employees (B.C. Reg. No. P085192)
Tokyu Canada Corporation Pension Plan for Hourly Employees (B.C. Reg. No. P085190)
Tokyu Canada Corporation Pension Plan for Salaried Employees (B.C. Reg. No. P085191)
Tolko Industries Ltd. Salaried Employees' Pension Plan (B.C. Reg. No. P085207)
Turlex Office Services Limited Pension Plan (B.C. Reg. No. P085889)
United Food and Commercial Workers Union Pension Plan (B.C. Reg. No. P085453)
United Petroleum Products Inc. Pension Plan (B.C. Reg. No. P085306)
University of British Columbia Faculty Pension Plan (B.C. Reg. No. P085435)
University of British Columbia Staff Pension Plan (B.C. Reg. No. P085439)
University of Northern British Columbia Pension Plan (B.C. Reg. No. P085484)
University of Victoria Combination Pension Plan (B.C. Reg. No. P085294)
University of Victoria Money Purchase Pension Plan (B.C. Reg. No. P085318)
University of Victoria Staff Pension Plan (B.C. Reg. No. P085215)
Valley First Credit Union Pension Plan for Edward D. Houston (B.C. Reg. No. P086338)
Valley Medical Laboratories Pension Plan for Designated Employees (B.C. Reg. No. P086054)
Vancouver City Savings Credit Union Pension Plan for Archibald H. Mullan (B.C. Reg. No. P086277)
Vancouver Steelworkers Pension Plan (B.C. Reg. No. P085504)
Vancouver Stock Exchange Employees Pension Plan (B.C. Reg. No. P085885)
Versacold Pension Plan for Members of the United Food and Commercial Workers Union (B.C. Reg. No. P085553)
Victoria Mechanical Industry Pension Plan (B.C. Reg. No. P085540)
Wastech Services Ltd. Pension Plan (B.C. Reg. No. P085086)
Weiser Inc. Salaried Employees Retirement Plan (B.C. Reg. No. P085099)
Weldwood of Canada Limited Salaried Employees' Pension Plan (B.C. Reg. No. P086233)
West Fraser Mills Ltd. Pension Plan for Hourly-Rated Employees (B.C. Reg. No. P085355)
West Fraser Mills Ltd. Salaried and Executive Pension Plan (B.C. Reg. No. P085585)
West Kootenay Power Ltd. - IBEW Pension Plan - 1992 (B.C. Reg. No. P085827)
West Kootenay Power Ltd. Basic Retirement Income Plan for Non-Union Employees (B.C. Reg. No. P085243)
Western Forest Products Limited Retirement Plan for Salaried Employees (B.C. Reg. No. P085507)
Western Star Trucks Inc. Pension Plan for Non-Bargaining Employees (B.C. Reg. No. P086209)
Westminster Savings Credit Union Employee Pension Plan (B.C. Reg. No. P085462)
Weyerhaeuser Company Ltd. Retirement Plan for Salaried Employees (B.C. Reg. No. P086197)
Winvan Paving Ltd. Employee Pension Plan (B.C. Reg. No. P085028)
Woodland Windows Ltd. Pension Plan (B.C. Reg. No. P085315)
Workers' Compensation Board Superannuation Fund (B.C. Reg. No. P085663)
Young Life of Canada Pension Plan for Paul Burgoyne (B.C. Reg. No. P086376)
Appendix B. Federally Regulated Plans (under the federal PBSA and
Under the Supervision of the Office of Superintendent of Financial Institutions)
- 0-9
629112 Saskatchewan Ltd. Retirement Plan
- A
A Pension Plan for the Employees of Lac La Ronge Indian Band
A-P-A Transport Corp. Canadian Employees' Pension Plan
Abinoojii Family Services Pension Plan
Access Communications Inc. Employees Pension Plan
Adams Lake Indian Band Pension Plan
ADM Agri Industries Ltd. Windsor Grain Terminal Pension Plan
ADM Pension Plan for Hourly Employees - Canada
ADM Retirement Plan Salaried
Afton Band Pension Plan
Agency Chiefs Tribal Council Inc. Pension Plan
AGP, Inc. (Masterfeeds) Canadian Contributory Retirement Plan
AgPro Grain Employees Retirement Plan
Agricore Cooperative Ltd. Retirement Plan
Air Canada Executive Pension Plan
Air Canada Pension Plan
Air Canada Pension Plan - Pilots
Air Canada Regional Inc. Pension Plan for Directors
Air Canada Regional Inc. Pension Plan for Management and ATS Employees
Air Canada Regional Inc. Pension Plan for Union Employees
AirBC Pension Plan for Commercial Service Employees
AirBC Pension Plan for Flight Attendants
AirBC Pension Plan for Members of the CAW, Local 2213
AirBC Pilots Pension Plan
Alexis First Nations Pension Plan
Algonquin Nation Negotiations Directorate Pension Plan
Algonquin of Pikwakanagan Pension Plan
ALNAV Platinum Group Inc. Pension Plan
Anglo Canadian Shipping Company Pension Plan for Supercargoes
APL Canadian Pension Plan
APM*DelStar Inc. Pension Plan
Arrow Transportation Systems Inc. Officers Pension Plan
Arrow Transportation Systems Inc. Staff Pension Plan
Assembly of Manitoba Chiefs Pension Plan
AT&T Canada Corp. Defined Contribution Pension Plan
AT&T Canada Long Distance Services Company Contributory Pension Plan
AT&T Canada Long Distance Services Non-Contributory Pension Plan
Athabasca Chipewyan First Nation Pension Plan
Atlantic Broadcasters Ltd. CJFX Pension Plan
Atlantic Towing Ltd. Pension Plan for Employees
Atomic Transportation System Inc. Pension Plan
- B
B.C. Bancorp Staff Pension Plan
Bank of Canada Pension Fund
Bank of Tokyo-Mitsubishi (Canada) Pension Plan
Bank One, National Association, Canada Branch Pension Plan
Barren Lands Indian Band Pension Plan
Battlefords Tribal Pension Plan
BCE Mobile Communications Inc. Pension Plan
BCR Marine Ltd. Pension Plan
Bearskin Lake Air Service Ltd. Employee Pension Plan
Bearskin Lake First Nation Pension Plan
Bell Canada Plan for Employees' Pensions, Disability Benefits and Death Benefits
BHP Diamonds Inc. Retirement Plan
Black Lake Indian Band Education Section Pension Plan
Blanchard Transport Ltd. and C.D.M. Enterprises Ltd.Pension Plan
Blood Tribe Employee Pension Plan
Bloodvein First Nation Pension Plan
Blueberry River First Nations Pension Plan
British Airways PLC Employees' Pension Plan (Canada)
British Columbia Maritime Employees Association Retirement Plan
British Columbia Telephone Company Pension Plan for Management and Exempt Employees
Bruce Power Pension Plan
Burlington Northern Railroad Company Canadian Pension Plan for Salaried Employees
Burnham (Canada) Inc. Pension Plan
By-Laws of USB Bank (Canada) / Société de Banque USB (Canada) Pension Plan
British Columbia Terminal Elevator Industry Pension Plan
Brokenhead Ojibway Nation Retirement Plan
- C
C1.COM Inc. Employee Pension Plan
Cable Atlantic Inc. Pension Plan
Cameco Corporation Employee Pension Plan
Cameco Defined Benefit Pension Plan for Senior Executives
Cameco Employees Pension Plan
Canada Lands Company CLC Limited Pension Plan
Canada Mortgage and Housing Corporation Pension Fund
Canada Post Corporation Registered Pension Plan
Canadian Airport Authorities and Canadian Port Authorities Pension Plan
Canadian Broadcasting Corporation Pension Plan
Canadian Coachways (Alberta) Limited Pension Plan
Canadian Forces Non-Public Fund Employees Pension Plan
Canadian Freightways Limited Employees' Retirement Plan
Canadian Greyhound Employees Retirement Income Plan
Canadian Marine Officers Union Pension Plan
Canadian Merchant Service Guild - Western Branch Pension Plan (Towboats)
Canadian Merchant Service Guild Retirement Security Plan
Canadian National Pension Plan
Canadian Pacific Express & Transport Limited Pension Plan
Canadian Pacific Management Retirement Income Plan
Canadian Pacific Railway Company Pension Plan
Canadian Pacific Railway Executive Employee Pension Plan
Canadian Pension Plan for Employees of The Salvage Association
Canadian Port Authorities Pension Plan
Canadian Regional Airlines (1998) Ltd. Pension Plan
CanGro Processors Ltd. EmployeesPension Plan
CanWest Maritime Television Employees Pension Plan
Cape Breton Development Corporation Contributory Pension Plan
Cape Breton Development Corporation Non-Contributory Pension Plan
Cargill Limited and Associated Companies Salaried Employees' Pension Plan
Carrier Sekani Family Sevices Pension Plan
Carrier Sekani Tribal Council Pension Plan
Carry the Kettle First Nation and Participating Affiliates Registered Pension Plan
Cast North America Inc. Pension Plan
Celtic Broadcasting Limited Pension Plan
Cesar Van and Storage Limited Employees Pension Plan
CFJC-TV, CFJC-AM, CIFM-FM, CFFM-FM, Divisions of Jim Pattison Industries Ltd.(effective Jan. 1, 1997)
CHC Helicopters International Inc. Employees' Pension Plan
Chemawawin Band Education Pension Plan
Chemical Bank of Canada Pension Plan
Chippewas of Mnjikaning First Nation Registered Pension Plan
Chippewas of the Thames First Nation and Participating Affiliates Pension Plan
CIBC Pension Plan
Citibank Canada Pension Plan
Clarke Group Pension Plan
CN 1935 Pension Plan
Conair Aviation Ltd. Employees' Pension Plan
Confederation of Tribal Nations Pension Plan
Contributory Defined Benefit Pension Plan for the Employees of Air Ontario Inc.
Contributory Pension Plan for Employees of Transit Windsor
Corus Entertainment Inc. Pension Plan for Employees of CJOY-AM/CIMJ-FM
Corus Entertainment Inc. Pension Plan for Non-Union Employees of CKWS-TV, CFFX-AM, CFMK-FM, CHEX-TV, CKRU-AM, CKWF-FM, CIQB-FM, CKCB-FM
Corus Entertainment Inc. Pension Plan for the Union Employees of CHEX-TV, CKRU-AM, CKWF-FM
Corus Entertainment Inc. Pension Plan for the Union Employees of CKWS-TV, CFFX-AM, CFMK-FM
Corus Entertainment Inc. Retirement Plan for Former Allarcom/Moffat Employees of WIC Western International Communications Ltd.
Cote First Nation Pension Plan
Couchiching Indian Reserve 16A Pension Plan
Craig Broadcast Systems Inc. Pension Plan
Cree Nation Child and Family Caring Agency Employee Retirement Plan
CSL Equity Investments Ltd. Subsidiary Companies Pension Plan for Salaried Employees
CSP Foods Ltd. Pension Plan 1977
Cumberland House Indian Band Pension Plan
- D-E
Dakota Plains Tribal Council Retirement Plan
Defined Benefit Retirement Plan for Employees of CTV Inc. and Associated Companies
Defined Contribution Pension Plan for Salaried Employees of Canadian Transport Company Limited
Defined Contribution Retirement Plan for Employees of CTV Inc. and Associated Companies
Defined Contributions Plan for Non-Unionized Employees and Certain Ground Employees of Inter-Canadien (1991) Inc.
Delta Cable Television Ltd. Retirement Plan
Delta Family-Care Retirement Plan for Canadian Personnel
Detroit and Canada Tunnel Corporation Canadian Salaried Employees Pension Plan
Dokis Indian Band Pension Plan
Dresdner Bank Canada Pension Plan
Driftpile River Band #450 Pension Plan
Dynamex Express Inc. Pension Plan
E & N Railway Company (1998) Ltd. Pension Plan
Eaglebrook Inc. of Canada Pension Plan
Eastern Canada Car Carriers Pension Plan
Eastern Canadian Greyhound Lines Retirement and Disability Plan
Employee Pension Plan of King Milling of Canada
Employee Retirement Plan for Employees of Beausoleil First Nation
Employee Retirement Plan for the Employees of Blood Tribe Department of Health Inc.
Employee Retirement Plan for the Employees of Fort Alexander Health Centre Inc.
Employee Retirement Plan for the Employees of Ministic Air Limited
Employee Retirement Plan for the Employees of Multi-Mode Logistics Inc.
Employee Retirement Plan for the Employees of Timiskaming Band Council
Employee Retirement Plan of North Frontenac Telephone Co. Ltd.
Employee Retirement Plan of Yusen Air & Sea Service (Canada) Inc.
Employees Retirement Plan for the Employees of Ojibways of Sucker Creek
Employees' Pension Plan of Montship Inc.
Esquimalt Nation Employees Pension Plan
EVA Airways Corporation Employee Pension Plan
Evergreen Forestry Management Ltd. Pension Plan
Employees' Pension Plan of Nisga'a Valley Health Board
- F-G
Federal Express Canada Ltd. Employees' Pension Plan
Federation of Saskatchewan Indian Nations Pension Plan
Fednav Limited Staff Pension Plan
File Hills Agency Employees Pension Plan
File Hills Qu'Appelle Tribal Council Pension Plan
Fishing Lake First Nation #89 Pension Plan
Flin Flon Indian-Metis Friendship Association Inc. Registered Pension Plan
Fort McMurray #468 First Nation Pension Plan
Fort Severn First Nation Pension Plan
Frontec Logistics Corp. Employees' Pension Plan
Garden Hill Band - Education Pension Plan
George Colon Memorial Home Inc. Employees Pension Plan
George M. Guimond Care Centre Inc. Employee Pension Plan
Gitanyow Independent School Society Pension Plan
Gitksan Local Services Society Pension Plan
Global Communications Limited Employees' Pension Plan
Global Communications Limited Retirement Plan for BCTV Senior Management
Global Communications Limited Retirement Plan for BCTV Staff
Global Communications Limited Retirement Plan for CH Employees
Global Communications Limited Retirement Plan for CHBC Management
Global Communications Limited Retirement Plan for CHBC Staff
Global Communications Limited Retirement Plan for CICT and CISA Employees
Global Communications Limited Retirement Plan for Former WIC Head Office and Transferred Employees
Global Communications Limited Retirement Plan for Former WIC-Allarcom Employees
Global Communications Limited Retirement Plan for WIC Designated Executives
Gordon Indian Band Pension Plan
Grassy Narrows Band #21 Employee Pension Plan
Greater Toronto Airports Authority Employees' Pension Plan
Greater Toronto Airports Authority Pension Plan for Designated Executives
Greyhound Lines of Canada Ltd. Retirement Plan
Group Pension Plan for Employees of Fosters Seed & Feed Limited
Group Pension Plan for Sheshegwaning Band
Group Pension Plan for Windigo Education Authority
Group Pension Plan of Blood Tribal Board of Education
Group Pension Plan of Mid West Television Ltd.
Group Pension Plan of Omar Aviation Limited
Group Pension Plan of Pikangikum Education Authority
Gulf Broadcasting Company Limited Employees' Pension Plan
- H-K
Halifax Grain Elevator Ltd. Pension Plan
Halifax International Airport Authority Pension Plan
Halifax Port Authority Pension Plan
Heiltsuk Indian Band Pension Plan
Hendrie Transportation Inc. Pension Trust Fund
Hiawatha Indian Band Pension Plan
Hobbema Police Services Pension Plan
Hollow Water First Nation Retirement Plan
Hong Kong Aircrew Officers' Association Canadian Chapter Pension Plan
Hourly Employees' Pension Plan of Robin Hood Multifoods Inc.
Hoyt's Moving & Storage Ltd. and Subsidiary Companies Employees' Pension Plan
HSBC Pension Plan 'B'
HSBC Pension Plan A
HSBC Pension Plan C
I.L.A. Checkers - Quebec Locals Pension Plan
ILA/Port of Saint John Employers Association Pension Plan
Interlake Reserves Tribal Council Inc. Pension Plan
Interlink Freight Systems Inc. Pension Plan
International Longshoremen's Association Pension Plan (Local 1842 1869 1654 & 1879)
IntesaBci Canada Pension Plan
Island Lake Band Pension Plan
James Bay Cree-Naskapi Pension Plan
James Richardson & Sons, Limited and Affiliated Companies Pension Plan (1974)
Kanaweyimik Pension Plan
Karl Karlsen & Co. Ltd. and Karlsen Shipping Co. Ltd. Senior Employees' Pension Plan
Keeseekoowenin First Nation Pension Plan
Keewatin Tribal Council Incorporated
Keewaytinook Okimakanak Pension Plan
Kent Line, Limited Employee Pension Plan
Kispiox Band Council Pension Plan
Kispiox Elementary School Pension Plan
Kitasoo Indian Band Pension Plan
Kitchenuhmaykoosib Education Authority Pension Plan
Kitsumkalum Band Council Pension Plan
Kleysen Investments Limited and Subsidiary and Affiliated Companies Employees' Retirement Plan
Ktunaxa/Kinbasket Tribal Council Society and Associated Employers Employees' Pension Plan
- L-M
McLeod Lake Indian Band Money Purchase Pension Plan
MDS Nordion Inc. Retirement Plan
Membertou Band Council Pension Plan
Mi'kmaq Education Authority Pension Plan
Mi'kmaq Family & Children's Services of Nova Scotia
Miawpukek Mi'Kamawey Mawi'Omi Registered Pension Plan
Mikisew Cree First Nation Pension Plan
Milling Products Limited and Participating Affiliates Registered Pension Plan
Miramar Con Mine Ltd. Pension Plan for Unionized Employees
Miskooseepi Education Authority Pension Plan
Mississauga First Nation Registered Pension Plan
Mizuho Bank (Canada) Pension Plan for Former Employees of The Industrial Bank of Japan (Canada)
Mohawk Council of Akwesasne Pension Plan
Money Purchase Pension Plan for Employees of Hudson Bay Mining and Smelting Co., Limited
Montreal Lake Indian Band Pension Plan
Montreal Trust Pension Plan (1990)
Moricetown Band Council Pension Plan
Mount Currie Indian Band Pension Plan
Mustang Freightways Ltd. Pension Plan
Labrador Inuit Health Commission Pension Plan
Lake St. Martin First Nation Pension Plan
Le Régime de retraite des employés du Conseil de bande des Montagnais d'Essipit
Lesser Slave Lake Indian Regional Council and Associated Employers Pension Plan
Liquid Cargo Lines Pension Plan
Little Black Bear Indian Band Pension Plan
Little Black River Band Retirement Plan
Lloyd's Register of Shipping Canadian Pension Plan
Loomis Canadian Pension Plan 'A'
Lufthansa German Airlines Pension Plan for Canadian Employees
MacLean Hunter Limited Retirement Plan for Former Selkirk Employees
Maid of the Mist Steamboat Company Limited Employees Pension Plan
Manitoba Indian Education Association Inc. Pension Plan
Manitoba Telecom Services Inc. and Participating Subsidiaries Employee Pension Plan
Maple Leaf Foods Inc. Employees Retirement Plan 500
Maple Leaf Foods Inc. Employees Retirement Plan 600
Maple Leaf Foods Inc. Employees Retirement Plan 700
Maritime Broadcasting System Limited Pension Plan
Maritime Employers Association Employees' Pension Plan
Maritime Tel & Tel Limited Employees' Pension Plan,
Matawa First Nations Management Inc. Pension Plan
Mathias Colomb First Nation Health Authority Pension Plan
Mayne Nickless Transport Inc. Hourly Pension Plan
McGillivary Care Home Pension Plan
- N-O
Nanaimo Port Authority Pension Plan
Nanaimo Port Authority Pension Plan for Union Employees
Napierville Junction Railway Company Pension Plan
Narrows Education Authority Pension Plan
National Automobile, Aerospace, Transportation and General Workers Union Members' Pension Plan
National Westminster Bank of Canada Local Staff Pension Plan
NAV CANADA Executive Pension Plan
Nerco Con Mine Ltd. Basic Retirement Income Plan for Non-Union Employees
NetStar Communications Inc. Retirement Plan for Designated Salaried Employees
Netstar Communications Inc. Retirement Plan for Salaried Employees
Newfoundland Telephone Company Limited Employees Pension Plan
Nishnawbe-Aski Nation Pension Plan
Non-Contributory Pension Plan for the Employees of Standard Broadcasting Corporation
Non-Contributory Pension Plan for the Employees of Télécable Laurentien Inc.
Non-Union Pension Plan of Brink's Group Companies in Canada
Norske Skog Canada Limited Retirement Plan 'C'
North 60 Petro, Ltd. Retirement Plan
North Caribou Lake Education Authority and its Affiliates
Northern Carpenter and Allied Workers' Pension Plan
Northern Construction Company Ltd. Retirement Plan No. 2
Northern Employee Benefits Services' Pension Plan
Northern Industrial Carriers Limited Pension Plan
Northern Nishnawbe Education Council Employees' Pension Plan
Northern Spruce Housing Corporation Pension Plan
Northern Telephone Limited Pension Plan
Northumberland Ferries Limited Senior Executives Pension Plan
Northwest Airlines, Inc. 1976 Retirement Plan for Employees in Canada
Northwestel Inc. Pension Plan
Nothern Resource Trucking Limited Partnership Pension Plan
Nunee Health Board Pension Plan
O-Chi-Chak-Ko-Sipi First Nation Pension Plan
Ogden Services Salaried Employees' Pension Plan
Ojibways of Onegaming Employees' Pension Plan
Ojibways of the Pic River First Nation Pension Plan
OK Transportation Limited Pension Plan
Onen'To: Kon Treatment Services Pension Plan
Opaskwayak Cree Nation Pension Plan
Osoyoos Indian Band Registered Pension Plan
Ottawa Carleton Regional Transit Commission Employees' Pension Plan
Otter Farm and Home Co-operative Pension Plan
Oxford House Band Pension Plan
Oxford House School Pension Plan
- P
Pension Plan for the Employees of The Organization for the Advancement of Aboriginal People's Health
Pension Plan for the Employees of the Sakura Bank (Canada)
Pension Plan for the Employees of the Siksika Nation Tribal Administration
Pension Plan for the Employees of the Six Nations Police
Pension Plan for the Employees of the St. John's International Airport Authority
Pension Plan for the Employees of the Tsilhqot'in National Government
Pension Plan for the Employees of Tl'azt'en Nation Indian Band
Pension Plan for the Employees of TNT Canada Inc.
Pension Plan for the Employees of Town of Faro
Pension Plan for the Employees of Tsawwassen First Nation
Pension Plan for the Employees of Unama'ki Tribal Police
Pension Plan for the Employees of Verspeeten Cartage Ltd.
Pension Plan for the Employees of Voyageur Ariways Limited
Pension Plan for the Employees of Wabaseemoong Territorial Government
Pension Plan for the Employees of Wahpeton Dakota Nation
Pension Plan for the Employees of Waterhen Lake First Nation
Pension Plan for the Employees of Waycobah Board of Education
Pension Plan for the Employees of Whiskyjack Treatment Centre Inc.
Pension Plan for the Employees of White Bear First Nation
Pension Plan for the Employees of Woodland Cultural Centre
Pension Plan for the Employees of Yellowknife Catholic Schools
Pension Plan for the Employees of Zim Israel Navigation Company (Canada) Ltd.
Pension Plan for the Employees oTsuu T'ina Board of Education & Administration
Pension Plan for the Esketemc First Nation
Pension Plan for the Kitchener Office Union Employees of TST Overland Express Teamsters Local 879
Pension Plan for the Nak'Azdli Indian Band
Pension Plan for the Permanent Employees of Grand River Employment & Training Inc.
Pension Plan for the Salaried Employees of Goderich Elevators Limited
Pension Plan for the Sherbrooke Hourly Employees of TST Overland Express - Transport Champlain Express
Pension Plan for the Union Employees of Home Delivery Service (Container Management Center), Local 879 of TNT Canada Inc.
Pension Plan for the Windsor Office Union Employees of TST Overland Express Teamsters Local 880
Pension Plan for the Yukon Employees of A.J. Forsyth and Company Limited
Pension Plan for Tla-o-qui-aht First Nations
Pension Plan for Trentway-Wagar Inc.
Pension Plan for Union Employees of Alberta Terminals A Division of Cargill Limited
Pension Plan for Union Employees of TST Overland Express, Wabush,
Pension Plan for Unionized Employees of CHVR-FM
Pension Plan for Unionized Employees of VIA Rail Canada Inc.
Pension Plan for VOCM Radio Newfoundland Limited Pension Plan
Pension Plan for Vuntut Gwitchin Tribal Council
Pension Plan for Yellowknife Salaried Employees
Pension Plan of Atlantic Container Line AB
Pension Plan of the Canadian Bankers' Association
Pension Plan of The Chase Manhattan Bank of Canada
Pension Plan of the Saanich Indian School Board
Pension Plan of TNT Canada Inc.
Pension Trust Fund for the Employees at Chief Napew Memorial School
Pension Trust Fund for the Employees of Big 'C' Band
Pension Trust Fund for the Employees of Buffalo River Dene Nation
Pension Trust Fund for the Employees of Long Lake #58 First Nation
Pension Trust Fund for the Employees of Meadow Lake Tribal Council
Pension Trust Fund for the Employees of WEECHI-IT-TE-WIN Family Services Inc.
Peter Ballantyne Cree Nation Pension Plan
Pine Creek First Nation Pension Plan
Plan for Employees of Michigeeng First Nation
Poplar River First Nation Retirement Plan
Prairie Teamsters Pension Plan
Prince Rupert Grain Ltd. Employees' Retirement Plan
Pukatawagan Indian Education Authority Inc. Pension Plan
Purolator Courier Ltd. Hourly Employees Retirement Plan
Purolator Courier Ltd. Salaried Employees Pension Plan
Pension Plan for Technical Services and Clerical Employees, as represented by the International Association of Machinists and Aerospace Workers, of Canadian Airlines International Ltd.
Pension Plan for the Executive Employees of Norfolk Co-operative Company Limited
Pension Plan for the Burnt Church Indian Nation
Pension Plan for the Designated Employees of 2701839 Canada Inc. and Other Designated Affiliates
Pension Plan for the Eligible Employees of 168886 Canada Inc.
Pension Plan for the Eligible Employees of RSB Logistic Inc.
Pension Plan for the Employees of 168886 Canada Inc.
Pension Plan for the Employees of Abegweit First Nation
Pension Plan for The Employees of Access Communications Co-operative Ltd.
Pension Plan for the Employees of Ahtahkakoop Child & Family Services
Pension Plan for the Employees of Ahtahkakoop Reserve #104
Pension Plan for the Employees of Alitalia Linee Aeree Italiane S.P.A.
Pension Plan for the Employees of Anishinaabe Mino-Ayaawin Inc.
Pension Plan for the Employees of Annapolis Valley First Nation
Pension Plan for the Employees of Athabasca Denesuline Child and Family Services
Pension Plan for the Employees of Beardy's & Okemasis Band #96 & #97
Pension Plan for the Employees of Berry and Smith Trucking Limited.
Pension Plan for The Employees of Blue Star (North American) Limited
Pension Plan for the Employees of C.S. Day Transport Ltd.
Pension Plan for the Employees of Canadian Freightways Eastern Limited and Affiliated Companies
Pension Plan for the Employees of Cascade Carriers Ltd.
Pension Plan for the Employees of Chapel Island First Nation
Pension Plan for the Employees of Chehalis Indian Administration
Pension Plan for the Employees of Chipewyan Prairie First Nation
Pension Plan for the Employees of CHUM Limited
Pension Plan for the Employees of Clarke Inc.
Pension Plan for the Employees of Cold Lake First Nations
Pension Plan for the Employees of Corus Entertainment Inc.
Pension Plan for the Employees of Ditidaht Band Council
Pension Plan for the Employees of Dukes Transport Ltd.
Pension Plan for the Employees of English River First Nation
Pension Plan for the Employees of Eskasoni Band Council
Pension Plan for the Employees of Fort Albany First Nation
Pension Plan for the Employees of G. Marshall Transport Limited
Pension Plan for the Employees of Ginew Wellness Center
Pension Plan for the Employees of H. Krofchick Cartage Ltd.
Pension Plan for the Employees of Harken Towing Co. Ltd.
Pension Plan for the Employees of Hay Communications Co-operative Limited
Pension Plan for the Employees of Hupacasath First Nation
Pension Plan for the Employees of Inuit Broadcasting Corporation
Pension Plan for the Employees of Jay's Moving & Storage Ltd.
Pension Plan for the Employees of Kashechewan First Nation
Pension Plan for the Employees of Keeseekoose First Nation
Pension Plan for the Employees of Khowutzun Mustimuhw Contractors Limited Partnership
Pension Plan for the Employees of Korea Exchange Bank of Canada
Pension Plan for The Employees of Korean Airlines Co. Ltd.
Pension Plan for the Employees of Loon River First Nation
Pension Plan for the Employees of Mastec Canada
Pension Plan for the Employees of Mishkeegogamang First Nation
Pension Plan for the Employees of Mistawasis First Nation
Pension Plan for the Employees of Miyo Wahkobtowin Community Education Authority
Pension Plan for the Employees of Mizuho Bank (Canada)
Pension Plan for the Employees of Montana Community School
Pension Plan for the Employees of Munsee-Delaware Nation
Pension Plan for the Employees of Muscowpetung Saulteaux First Nation
Pension Plan for the Employees of Muskowekwan Band No. 85
Pension Plan for the Employees of Musqueam Indian Band
Pension Plan for the Employees of N-Xpress Canada Inc.
Pension Plan for the Employees of Nadleh Whut'en Indian Band
Pension Plan for the Employees of Nanoose First Nation
Pension Plan for the Employees of Native Alcohol and Drug Abuse Counselling Association of Nova Scotia
Pension Plan for the Employees of Nazko Band Government
Pension Plan for the Employees of Newfoundland Broadcasting Co. Ltd. and Sunday Herald Limited
Pension Plan for the Employees of North Central Insurance Brokers (NCI) Ltd.
Pension Plan for the Employees of O'Chiese Band Administration
Pension Plan for the Employees of Oak Lake Sioux Band
Pension Plan for the Employees of Ontario First Nations Limited Partnership
Pension Plan for the Employees of Pasqua First Nation
Pension Plan for the Employees of Pehdzeh Ki First Nation
Pension Plan for the Employees of Pinaymootang First Nation
Pension Plan for the Employees of Quatsino Band Council
Pension Plan for the Employees of Quebec Railway Corporation Inc.
Pension Plan for the Employees of Rogers Communications Inc.
Pension Plan for the Employees of Sakimay Band #74
Pension Plan for the Employees of Samson Cree Nation Tribal Administration
Pension Plan for the Employees of Serco Aviation Services Inc.
Pension Plan for the Employees of Shu'ulh-Etun Health Society
Pension Plan for the Employees of Skyward Aviation Ltd.
Pension Plan for the Employees of Southern Chiefs' Organization Inc.
Pension Plan for the Employees of Squamish Tugboat Company (1972) Ltd.
Pension Plan for the Employees of Standing Buffalo Dakota Nation
Pension Plan for the Employees of Stone Indian Band
Pension Plan for the Employees of Stoney-Nakoda Nation and Stoney Health Centre
Pension Plan for the Employees of T. Bell Transport Inc.
Pension Plan for the Employees of Tallman Transports Limited
Pension Plan for the Employees of Tallman Transports Limited (Executive)
Pension Plan for the Employees of The Blue Water Bridge Authority
Pension Plan for the Employees of the Brantford Flying Club
Pension Plan for the Employees of The Canadian Transit Company
Pension Plan for the Employees of the Canoe Creek Indian Band
Pension Plan for Employees of J.P. Morgan Canada
Pension Plan for Employees of James Smith Indian Band
Pension Plan for Employees of Kingsway Transport Limited
Pension Plan for Employees of Kinonjeoshtegon First Nation
Pension Plan for Employees of Kluane First Nation
Pension Plan for Employees of L.E. Walker Transport Ltd.
Pension Plan for Employees of Logistics Express Inc.
Pension Plan for Employees of Louis Dreyfus Canada Ltd.
Pension Plan for Employees of Madawaska Mailiseet First Nation
Pension Plan for Employees of Manitoba Keewatinowi Okimakanak Inc.
Pension Plan for Employees of Marine Atlantic Inc.
Pension Plan for Employees of Martin Feed Mills Limited & Participating Affiliates
Pension Plan for Employees of Mohawk Council of Kahnawake
Pension Plan for Employees of Montana Cree Nation
Pension Plan for Employees of Mushkegowuk Council, Hishkoonikun Educational Authority, Attawapiskat First Nation Education Authority and Wakenegun Community Futures Development Corporation.
Pension Plan for Employees of Nelson House Education Authority
Pension Plan for Employees of New Brunswick Broadcasting Co., Limited
Pension Plan for Employees of Newfoundland Dockyard Corp.
Pension Plan for Employees of Nipissing First Nation
Pension Plan for Employees of Norcom Telecommunications Limited
Pension Plan for Employees of Norfolk Co-operative Company Limited
Pension Plan for Employees of North American Van Lines Canada Ltd.
Pension Plan for Employees of Northern Transportation Company Limited
Pension Plan for Employees of Norway House Cree Nation
Pension Plan for Employees of Oceanex
Pension Plan for Employees of Ojibway Tribal Family Services Inc.
Pension Plan for Employees of Paul First Nation-Education Authority
Pension Plan for Employees of Pictou Landing Band Council
Pension Plan for Employees of Provincial Airlines Limited
Pension Plan for Employees of RailAmerica, Inc. and Associated Companies
Pension Plan for Employees of Red Sucker Lake Education Foundation Inc.
Pension Plan for Employees of Restigouche Band Council
Pension Plan for Employees of Rising Sun Native Alcohol & Drug Abuse Rehabilitation Assoc. Inc.
Pension Plan for Employees of Sapotaweyak Cree Nation
Pension Plan for Employees of Seabase Limited
Pension Plan for Employees of Selkirk First Nation
Pension Plan for Employees of Seton Lake Band
Pension Plan for Employees of Shaw Cablesystems G.P. and Associated and Affiliated Companies
Pension Plan for Employees of Siksika Board of Education
Pension Plan for Employees of Six Nations Council
Pension Plan for Employees of Stotesbury Transfer Limited
Pension Plan for Employees of Symcor Services Inc.
Pension Plan for Employees of Taku River Tlingit First Nation
Pension Plan for Employees of Teslin Tlingit Council
Pension Plan for Employees of the Business Development Bank of Canada
Pension Plan for Employees of the Canada Pension Investment Board
Pension Plan for Employees of The Confederacy of Mainland Micmacs
Pension Plan for Employees of The Essex Terminal Railway Company
Pension Plan for Employees of the Garden River First Nation
Pension Plan for Employees of the Hamilton Port Authority
Pension Plan for Employees of the Nipisihkopahk Education Authority - Samson Cree Nation
Pension Plan for Employees of the St. Lawrence Seaway Management Corporation
Pension Plan for Employees of the Sydney Airport Authority
Pension Plan for Employees of the Toronto Port Authority
Pension Plan for Employees of the Union of Nova Scotia Indians
Pension Plan for Employees of The Yarmouth Airport Commission
Pension Plan for Employees of Touchwood Agency Tribal Council
Pension Plan for Employees of Trans Canada PipeLines Ltd. and Designated Associated, Subsidiary or Affiliated Companies
Pension Plan for Employees of Trans Frt McNamara Inc.
Pension Plan for Employees of Upper Lakes Group Inc. and Associated Companies
Pension Plan for Employees of Westbank Indian Band
Pension Plan for Employees of Williams Moving & Storage (B.C.) Ltd. & Associated Companies
Pension Plan for Employees of Winnipeg Airports Authority Inc.
Pension Plan for Employees of Yellowknife Education District No.1
Pension Plan for Employers of Cablenet, A Division of Cogeco Cable Canada Inc.
Pension Plan for Executives of CAIL
Pension Plan for Full Time Employees of Gwa'Sala-'Nakawaxda'xw Council
Pension Plan for Grassy Narrows Education Authority
Pension Plan for Group 'C' Employees of Temujine Investment Ltd.
Pension Plan for Hourly-Rate Canadian Employees of The Detroit and Canada Tunnel Corporation
Pension Plan for Huu-Ay-Aht (Ohiaht) First Nations,
Pension Plan for KLM Personnel in Canada
Pension Plan for Laidlaw Transit Ltd. operating as Grey Goose Bus Lines
Pension Plan for Liberty Linehaul Inc.
Pension Plan for Liberty Liquid Transport Inc.
Pension Plan for Lillooet Tribal Council
Pension Plan for Lower Nicola Indian Band
Pension Plan for Management Employees of Canadian Airlines International Ltd.
Pension Plan for Members of the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 4268, of Buckley Cartage Limited
Pension Plan for Neptune Bulk Terminals Ltd.
Pension Plan for Non-Unionized Employees of VIA Rail Canada Inc.
Pension Plan for of Trentway-Wagar Inc. Salaried Staff
Pension Plan for Red Bank Indian Band
Pension Plan for Salaried Employees of Eastern Canada Towing Limited and Subsidiary and Associated Companies
Pension Plan for Salaried Employees of Goderich Elevators Limited
Pension Plan for Salaried Employees of Kindersley Transport Ltd.
Pension Plan for Salaried Employees of TSI Terminal Systems Inc.
Pension Plan for Sea-Land Service Inc.
Pension Plan for Shaw Cablesystems G.P. New Brunswick Union Employees
Pension Plan for STL'ATL'IMX Tribal Police
Pension Plan for Sto:Lo Nation and Associated Employers
Pension Plan for Employees of Hishkoonikun Education Authority
Pension Plan for Employees of Hobbema Indian Health Services
Pension Plan for Employees of Humber Valley Broadcasting Company Limited
Pension Plan for Employees of Image Cable Systems Ltd. and Participating Affiliates
Pension Plan for Employees of Iskut Band
PADC Management Co. Ltd. Pension Plan
Paskwawaskihk Pension Plan
Pelican Lake Indian Band Pension Plan
Penelakut Indian Band Pension Plan
Penner International Inc. Employee Pension Plan
Pension for Employees of Valley Towing Limited
Pension Fund for Employees of El Al Israel Airlines Ltd.
Pension Fund Society of Canada Steamship Lines Limited
Pension Fund Society of The Toronto-Dominion Bank
Pension Investment Plan for Employees of Louis Bull Tribal Administration
Pension Investment Plan for Employees of Western Grain Elevator Association
Pension Plan fo the Employees of Wasaya Group
Pension Plan for Employees of Iron Ore Company of Canada and Associated and Subsidiary Companies
Pension Plan for Pilots, as Represented by the Air Line Pilots Association International, of Canadian Airlines International Ltd.
Pension Plan for Air Creebec Inc.
Pension Plan for Alberta and Saskatchewan Hourly Employees of Reimer Express Lines Ltd.
Pension Plan for Anishinaabe Child & Family Services
Pension Plan for Bargaining Unit Employees of the Hamilton Port Authority - C.U.P.E. Local 5167
Pension Plan for Cabin Personnel, as Represented by the Canadian Union of Public Employees, of Canadian Airlines International Ltd.
Pension Plan for Canadian Employees of CSX Transportation Inc.
Pension Plan for Canadian Employees of Singapore Airlines Limited
Pension Plan for Canadian Employees of Yellow Freight
Pension Plan for CAW Members Employed by Canadian Airlines International Ltd.
Pension Plan for Designated Executives of CFCF Inc.
Pension Plan for Designated Executives of Telesat Canada
Pension Plan for Dispatch Employees, as Represented by the Canadian Airline Dispatchers Association, of Canadian Airlines International Ltd.
Pension Plan for Employee of Atlantic Turbines International Inc. and Participating Affiliates
Pension Plan for Employees of Aboriginal Recruitment Coordination Office
Pension Plan for Employees of Airport Group Canada Inc.
Pension Plan for Employees of Alderville First Nation
Pension Plan for Employees of Allied Systems (Canada) Company Part B
Pension Plan for Employees of Altanic Transportation Inc.
Pension Plan for Employees of Amtelecom Group Inc. and Subsidiary Companies
Pension Plan for Employees of Astral Media Inc. and Participating Affiliates
Pension Plan for Employees of Atlantic Policy Congress
Pension Plan for Employees of Awasis Agency of Northern Manitoba Inc.
Pension Plan for Employees of B.T.C. Indian Health Services Inc.
Pension Plan for Employees of Bank of America, National Association, Canada Branch
Pension Plan for Employees of Big Cove Band Council
Pension Plan for Employees of Blackburn Radio Inc.
Pension Plan for Employees of Blue Quills First Nations College
Pension Plan for Employees of Buffalo and Fort Erie Public Bridge Authority in Canada
Pension Plan for Employees of C & S Trucking Limited
Pension Plan for Employees of Canadian Lynden Transport Ltd. and Participating Employers
Pension Plan for Employees of Canco Transportation (Services) Inc.
Pension Plan for Employees of Canim Lake Band and Its Subsidiary Organization
Pension Plan for Employees of Cathay Pacific Airways Limited
Pension Plan for Employees of Cement Cartage Company Limited and Participating Affiliates
Pension Plan for Employees of CF Television Inc.
Pension Plan for Employees of CNF Transportation Inc. Canadian Operations
Pension Plan for Employees of Comerica Bank
Pension Plan for Employees of Commercial Highway Services Limited
Pension Plan for Employees of Corus Entertainment Inc.
Pension Plan for Employees of Cowichan Indian Band Council
Pension Plan for Employees of Cross Lake Education Authority
Pension Plan for Employees of Cross Lake First Nation
Pension Plan for Employees of Curve Lake First Nation
Pension Plan for Employees of Deer Lake Regional Airport Inc.
Pension Plan for Employees of Eabametoong First Nation
Pension Plan for Employees of Edmonton Regional Airports Authority
Pension Plan for Employees of Eel River Band Council
Pension Plan for Employees of Export Development Canada
Pension Plan for Employees of Farm Credit Canada
Pension Plan for Employees of Fond du Lac Indian Band
Pension Plan for Employees of Fort Frances Tribal Area Health Authority
Pension Plan for Employees of Fountain Indian Band
Pension Plan for Employees of Fox Lake First Nations
Pension Plan for Employees of Fuji Bank Canada
Pension Plan for Employees of Galileo Canada Distribution Systems Inc.
Pension Plan for Employees of Gitlakdamix Council
Pension Plan for Employees of Gitsegukla Elementary School
Pension Plan for Employees of Gitswinksihlkw Band
Pension Plan for Employees of Golden West Broadcasting Ltd. and Participating Affiliates
Pension Plan for Employees of Habib Canadian Bank
Pension Plan for Employees of Halifax Cablevision Limited, Bragg Communications Inc. and Participating Affiliates
Pension Plan for Employees of Halterm Limited
Pension Plan for Employees of Hapag-Lloyd (Canada) Inc.
Pension Plan for Employees of Heart Lake First Nation #469
- Q-R
Régime de rentes des pilotes du St-Laurent Central Inc.
Régime de rentes des salariés non syndiqués de Radio Futura Ltée
Régime de rentes des Teamsters du Local 106 et du Local 69 et de l'industrie du Transport Routier du Québec
Régime de rentes pour les Débardeurs Membres de l'union des Métallurgistes unis d'Amérique Locaux 5197 et 7065Locaux 5197 et 7065
Régime de rentes pour les employés de la BNP Paribas (Canada)
Régime de retraite de Gilles Robert Inc.
Régime de retraite de Les Services Sociaux Minokin
Régime de retraite de Télébec ltée
Régime de retraite des Bénéfices Autochtone à cotisations déterminées
Régime de retraite des cadres supérieurs de Logistec Corporation
Régime de retraite des débardeurs du Port de Trois Rivières
Régime de retraite des employés (AID) de Bowater Produits forestiers du Canada Inc.
Régime de retraite des employés de Aéroport du Québec inc.
Régime de retraite des employés de l'Administration portuaire de Québec
Régime de retraite des employés de L'Association - Centre de finition Bombardier Inc.
Régime de retraite des employés de La Compagnie de Téléphone de Warwick
Régime de retraite des employés de Ledair Inc.
Régime de Retraite des employes de Terminal Termont Inc.
Régime de retraite des employés des Aéroports de Montréal
Régime de Retraite des Salariés de Communications Mount-Royal inc.
Régime de retraite des salariés du Conseil de Bande Abitibiwinni
Régime de retraite des salariés non syndiqués de Bunge du Canada Ltée.
Régime de retraite des salriés de TQS inc.
Régime de retraite du personnel de direction, cadre et cadre auxiliaire de la Banque Laurentienne du Canada et de ses filiales participantes
Régime de Retraite du Personnel Syndiqué de la Banque Laurentienne du Canada et du Trust La Laurentienne.
Régime de retraite du personnel synidiqué de la Compagnie Bunge du Canada Ltée.
Régime de retraite du Syndicat Canadien des Communications, de l'Énergie et du Papier (S.C.E.P.), Section lcoale 141 de Transport Provost Inc.
Régime de retraite du Syndicat des Débardeurs SCFP, Section Locale 375
Régime de retraite non-contributif des salariés de Téléglobe
Régime de retraite pour certains employés de La Société aéroportuaire de Québec
Régime de retraite pour les employés de Daily Transport Inc.
Régime de retraite pour les employés de garage et chauffeurs d'autobus de la Sociéte de Transport de l'Outaouais
Régime de retraite pour les employés de l'Administration portuaire de Montréal
Régime de retraite pour les employés de Les Elévateurs des Trois-Rivières, Division Upper Lakes Group Inc.
Régime de retraite pour les employés rémunérés à l'heure de Cargill Limitée au service de la compagnie à Baie-Comeau, et représentés par le Syndicat national des employés de Cargill Limitée, CSN
Régime de sécurité sociale de l'Association Internationale des débardeurs - Local 1739 -Québec
Régime des Bénéfices Autochtones
Régime supplémentaire de rentes à l'intention des employés doyens et des dirigeants de Cogeco Inc. et ses filiales participantes
Régime supplèmentaire de rentes de retraite pour les cadres supérieurs désignés de Groupe TVA inc.
Régime supplémentaire de rentes des employés cadres de Vidéotron Ltée.
Régime supplémentaire de rentes des employés syndiqués de Vidéotron Ltée. - Division de Québec
Régime supplémentaire de rentes des employés syndiqués de Vidéotron Ltée. - Région Ouest du Québec
Régime supplémentaire de rentes des marins de Gestion C.T.M.A. Inc. et ses filiales
Régime supplémentaire de rentes des officiers de Gestion C.T.M.A. Inc. et ses filiales
Régime supplémentaire de rentes des salariés de Société Air France
Régime supplémentaire de retraite des employés de la Société Générale (Canada)
Regina Airport Authority Employee Pension Plan
Registered Pension Plan for Active Canada Inc.
Registered Pension Plan for Carcem Transport Inc. Local 141 (Teamsters)
Registered Pension Plan for Champagne Aishihik First Nation
Registered Pension Plan for Employees of 3051361 Nova Scotia ULC
Registered Pension Plan for Employees of Air Nova Inc.
Registered Pension Plan for Employees of Ako Child and Family Services
Registered Pension Plan for Employees of Amos Okemow Memorial Education Authority Inc.
Registered Pension Plan for Employees of Anderson Lake Indian Band
Registered Pension Plan for Employees of Bear River First Nations
Registered Pension Plan for Employees of Bonaparte Indian Band
Registered Pension Plan for Employees of Calm Air International Ltd.
Registered Pension Plan for Employees of Empire Transportation Limited
Registered Pension Plan for Employees of Flying Dust Band
Registered Pension Plan for Employees of Fraser Canyon Tribal Administration
Registered Pension Plan for Employees of Ganoh'kwa 'SRA' Family Assault Support Services
Registered Pension Plan for Employees of Gods Lake Narrow First Nation School Board
Registered Pension Plan for Employees of Hayhoe Mills Limited
Registered Pension Plan for Employees of Indian Island Band
Registered Pension Plan for Employees of International Commercial Bank of Cathay
Registered Pension Plan for Employees of Island Lake First Nations Family Services
Registered Pension Plan for Employees of Katlodeeche First Nation (Hay River Dene Band) and Participating Affiliates
Registered Pension Plan for Employees of Kehewin Tribal Administration
Registered Pension Plan for Employees of Kingland Ford Mercury Sales Ltd. and Participating Affiliates
Registered Pension Plan for Employees of Kingsclear Indian Band
Registered Pension Plan for Employees of Laxgalt's Ap Village Government
Registered Pension Plan for Employees of Little Red River Education Authority
Registered Pension Plan for Employees of Nelson House First Nation
Registered Pension Plan for Employees of Nelson House Medicine Lodge Inc.
Registered Pension Plan for Employees of New Dawn Valley Centre Inc.
Registered Pension Plan for Employees of Nlaka' Pamux Nation Tribal Council
Qu'Appelle Child and Family Services Inc. Pension Plan
Rainy River Band Pension Plan
Red Pheasant Education Authority Inc. Pension Plan
Régime complémentaire de retraite des employés de Gestion Transforce inc.
Régime complémentaire de retraite des employés non syndiqués de Terminaux Portuaire du Québec inc. et ses divisions et les employés syndiqués reguliers de Terminaux Portuaires du Québec inc. division Grande-Anse
Régime complémentaire de retraite des employés syndiqués de Quai Fagen Inc.
Régime complémentaire de retraite du personnel des Remorqueurs du Québec Ltée.
Régime complémentaire de retraite pour le personnel cadre du Groupe TVA inc.
Régime complémentaire de retraite pour les employés de l'Aéroport régional de Val D'Or inc
Régime complémentaire de retraite pour les employés syndiqués du Groupe TVA inc.
Régime de pension agrée pour les employés de Vidéotron Ltée - Division Télésag
Régime de pension des employées et employés de la Société de Transport de l'Outaouais
Régime de pension des Employés de la Banque Nationale du Canada
Régime de pension des Employés Designés de la Banque Nationale du Canada
Régime de pension des pilotes de la Corporation des Pilotes du Bas Saint-Laurent
Régime de pensions des employés de Royal Air Maroc (Montréal)
Régime de rente pour les employés de Radio Beauce Inc.
Régime de rentes à l'intention des employés de Cogeco inc. et ses filiales participantes GA 1517 and GA 3169
Régime de rentes de Corus Entertainment Inc.
Régime de rentes de la sécurité publique des Premières Nations
Régime de rentes de retraite des employés de Logistec Corporation et ses filiales
Régime de rentes des employés de Cogeco Radio-Télévision inc.
Régime de rentes des employés de Québec-Téléphone
Régime de rentes des employés de Radio Edmundston inc.
Régime de rentes des employés des Agences Maritimes Nortec Inc.
Régime de rentes des membres du Syndicat Général de la Radio CKOI/CINF-INFO 690 (FNC/CSN)
Régime de rentes des officiers supérieurs de la Banque Laurentienne du Canada et du Trust La Laurentienne
Registered Pension Plan for Employees of Northlands' Dene Education Authority
Registered Pension Plan for Employees of Ochapowace Pension Plan and Participating Affiliates
Registered Pension Plan for Employees of Ontario First Nations Technical Services Corp.
Registered Pension Plan for Employees of Pabineau Indian Band
Registered Pension Plan for Employees of Pavilion Indian Band
Registered Pension Plan for Employees of Peter Ballantyne Cree Nation Health Services Incorporated
Registered Pension Plan for Employees of Pinaow Wachi Inc.
Registered Pension Plan for Employees of Public Sector Pension Investment Board
Registered Pension Plan for Employees of Saulteau First Nations
Registered Pension Plan for Employees of Sayisi Dene Education Authority
Registered Pension Plan for Employees of Sheshatshiu Innu Band Council Incorporated
Registered Pension Plan for Employees of Shubenacadie Band Council and Participating Affiliates
Registered Pension Plan for Employees of Six Nations Natural Gas Limited
Registered Pension Plan for Employees of Skeetchestn Indian Band
Registered Pension Plan for Employees of Snuneymuxw First Nation
Registered Pension Plan for Employees of Spallumcheen Indian Band Council
Registered Pension Plan for Employees of St. John's Shipping Association Limited. Represented by the International Longshoremen's Assoc. Local 1953
Registered Pension Plan for Employees of St. Mary's First Nation
Registered Pension Plan for Employees of Tahltan Indian Band
Registered Pension Plan for Employees of Tataskweyak Education Authority
Registered Pension Plan for Employees of the Little Shuswap Indian Band
Registered Pension Plan for Employees of Tr'on Dek Hwech'in
Registered Pension Plan for Employees of United Chiefs and Councils of Manitoulin and Participating Affiliates
Registered Pension Plan for Employees of Wabun Tribal Council
Registered Pension Plan for Employees of Wahgoshig First Nation
Registered Pension Plan for Employees of York Factory Education Authority
Registered Pension Plan for Employees of York Factory First Nation
Registered Pension Plan for Kaska Tribal Council
Registered Pension Plan for North Shore MicMac District Council
Registered Pension Plan for Republic National Bank of New York (Canada)
Registered Pension Plan for the Employees of Anishnaabe Kwewag Gaming Inc.
Registered Pension Plan for the Employees of Native Addictions Council of Manitoba
Registered Pension Plan for the Employees of Perth County Co-operative Inc.
Registered Pension Plan for the Employees of Qualicum First Nation
Registered Pension Plan for the Employees of Six Nations Polytechnic
Registered Pension Plan for the Employees of Union of New Brunswick Indians and Participating Affiliates
Registered Pension Plan of Split Lake Cree First Nation
Retirement Plan of Agricore Cooperative Ltd.
Retirement Benefit Plan for American Airlines Inc. for Employees in Canada
Retirement Benefit Plan for Employees of TD Waterhouse Investor Services (Canada) Inc.
Retirement Benefit Plan for the Employees of Day & Ross Inc.
Retirement Plan (Part A and Part B) for the Employees of Parrish & Heimbecker Limited
Retirement Plan Chapleau Cree First Nation
Retirement Plan for Bargaining Unit Employee of Municipal Tank Lines Limited
Retirement Plan for Bargaining Unit Employees of CanWest Television Inc.
Retirement Plan for Canadian Employees of US Airways, Inc.
Retirement Plan for CF Kingsway Inc.
Retirement Plan for Designated Employees of CFRN-TV
Retirement Plan for Employees at CFCN
Retirement Plan for Employees at CFQC-TV
Retirement Plan for Employees at CFRN-TV
Retirement Plan for Employees at CKCK-TV
Retirement Plan for Employees at CKCO-TV
Retirement Plan for Employees at Ottawa.
Retirement Plan for Employees of BAX Global (Canada) Ltd.
Retirement Plan for Employees of Berens River First Nation
Retirement Plan for Employees of Hay River Community Health Board
Retirement Plan for Employees of Logistec Stevedoring Inc.
Retirement Plan for Employees of Montreal Pipe Line Limited
Retirement Plan for Employees of Reimer World Corp. and Subsidiary and Associated Companies
Retirement Plan for Employees of Standard Chartered Bank of Canada
Retirement Plan for Employees of Starblanket Band #83
Retirement Plan for Employees of the Canadian Division of Overnite Transportation Company
Retirement Plan for Employees of United Grain Growers & its Subsidiary & Associated Companies
Retirement Plan for Employees of Walpole Island Council
Retirement Plan for Employees of Whitefish River First Nation
Retirement Plan for Employees of Wills Transfer Limited
Retirement Plan for Executive Supervisory and Sales Staff of Canadian Freightways Limited
Retirement Plan for Management and Non-Bargaining Unit Employees of CanWest Television Inc.
Retirement Plan for of Thunder Bay Port Athority
Retirement Plan for Salaried Employees of Pacific Coast Terminals Co. Ltd.
Retirement Plan for Salaried Employees of Sultran Ltd.
Retirement Plan for Staff Employees of Moffat Communications Limited and Subsidiary Companies
Retirement Plan for the Employees Comox Indian Band
Retirement Plan for the Employees GX Radio
Retirement Plan for the Employees of Whitefish Lake First Nation Band No.6
Retirement Plan for the Employees of 'K' Line Canada, Ltd.
Retirement Plan for the Employees of (Mamaweswen) the North Shore Tribal Council
Retirement Plan for the Employees of ABN AMRO Bank N.V. Canada Branch
Retirement Plan for the Employees of Ahousat Band Council
Retirement Plan for the Employees of Anishnabie Naadmaagi Gamig Substance Abuse Treatment Centre
Retirement Plan for the Employees of Bella Bella School Board
Retirement Plan for the Employees of Bigstone Cree Nation
Retirement Plan for the Employees of Campbell River Band Council
Retirement Plan for the Employees of Canoe Lake First Nation
Retirement Plan for the Employees of Chemainus Band Council
Retirement Plan for the Employees of Chippewa's of Sarnia Band
Retirement Plan for the Employees of Chippewas of Georgina Island
Retirement Plan for the Employees of Chippewas of Kettle and Stoney Point
Retirement Plan for the Employees of Delaware Nation Council
Retirement Plan for the Employees of Dodwell of Canada Ltd.
Retirement Plan for the Employees of Eagle Village First Nation-Kipawa
Retirement Plan for the Employees of Elgin Cartage Limited
Retirement Plan for the Employees of Enbridge Pipelines Inc.and Affiliates
Retirement Plan for the Employees of Grant's Transport Limited
Retirement Plan for the Employees of Haliburton Broadcasting Group Inc.
Retirement Plan for the Employees of Harold North Trucking Ltd.
Retirement Plan for the Employees of Hatchet Lake Band
Retirement Plan for the Employees of Interior Native Alcohol & Drug Abuse Society
Retirement Plan for the Employees of International Air Transport Association - Canadian Group
Retirement Plan for the Employees of Island Lake Tribal Council Inc.
Retirement Plan for the Employees of Island Tug and Barge Ltd.
Retirement Plan for the Employees of Kainaiwa Children Services Corp.
Retirement Plan for the Employees of Kerr Steamships (Canada) Limited
Retirement Plan for the Employees of Kitamaat Village Council
Retirement Plan for the Employees of Makwa Sahgaiehcan Band
Retirement Plan for the Employees of Mississaugas New Credit Council
Retirement Plan for the Employees of Mohawks of the Bay of Quinte Band Council
Retirement Plan for the Employees of Moncton Flight Centre
Retirement Plan for the Employees of Moose Cree First Nation
Retirement Plan for the Employees of Murphy The Mover Ltd.
Retirement Plan for the Employees of Muskoday First Nation #99
Retirement Plan for the Employees of Ngwaagan Gaming Recovery Centre Inc.
Retirement Plan for the Employees of Nimpkish Band Council
Retirement Plan for the Employees of North West Terminal Ltd.
Retirement Plan for the Employees of Northumberland Ferries Limited and Bay Ferries Limited
Retirement Plan for the Employees of One Arrow Band No. 95
Retirement Plan for the Employees of Oneida Nation of the Thames
Retirement Plan for the Employees of P & H Shipping
Retirement Plan for the Employees of Participating Employers of Many Nations Pension Plan Number 2
Retirement Plan for the Employees of Quinte Broadcasting Company, Limited
Retirement Plan for the Employees of Red Earth Band
Retirement Plan for the Employees of Rockbrune Brothers Limited
Retirement Plan for the Employees of Sagamok Anishnawbek
Retirement Plan for the Employees of Saskatoon District Tribal Council
Retirement Plan for the Employees of Serpent River Indian Band
Retirement Plan for the Employees of Shields Navigation Ltd.
Retirement Plan for the Employees of Sweetgrass Indian Band
Retirement Plan for the Employees of Tewatohnhi' Saktha
Retirement Plan for the Employees of The Bank of East Asia (Canada)
Retirement Plan for the Employees of the Fort William Indian Band
Retirement Plan for the Employees of the North Fraser Port Authority
Retirement Plan for the Employees of the Sakeeng First Nation
Retirement Plan for the Employees of Thessalon First Nation
Retirement Plan for the Employees of Trans Quebec & Maritimes Pipelines Inc.
Retirement Plan for the Employees of Treaty Seven Tribal Council
Retirement Plan for the Employees of Turnor Lake Band
Retirement Plan for the Employees of Union of Ontario Indians
Retirement Plan for the Employees of United Chiefs and Councils of Manitoulin Police Services Commission
Retirement Plan for the Employees of Upper Nicola Indian Band
Retirement Plan for the Employees of Vancouver Island Helicopters Ltd.
Retirement Plan for the Employees of Wasauksing-Parry Island First Nation #16
Retirement Plan for the Employees of Westcan Terminals Ltd.
Retirement Plan for the Employees of Yorkton Tribal Administration
Retirement Plan for the Hourly Employees of Agricore Cooperative Limited, Terminal Division at Thunder Bay
Retirement Plan for the Hourly Employees of Richardson Terminals Limited, at Thunder Bay
Retirement Plan for the Hourly Paid Employees of Cargill Limited, Terminal Elevator Division at Thunder Bay
Retirement Plan of Norfolk Southern Corporation and Participating Subsidiary Companies
Retirment Plan for Employees Formerly at CTV Television Network Ltd.
Retirment Plan for the Employees of Participating Employers of the Many Nations Pension Plan No. 1
Revised Employees Adjusted Compensation Plan
Revised Pension Plan for Employees of Eel Ground Indian Band
Revised Pension Plan for Employees of Inchcape Shipping Services Inc., and Affiliated Companies
Revised Pension Plan for Employees of Ottawa Valley Grain Products Inc.
Revised Pension Plan for Employees of Pacific Towing Services Limited
Revised Pension Plan for Employees of Sioux Valley School Board
Revised Retirement Pension Plan for Employees of Hudson Bay Mining and Smelting Co., Limited, and its Designated Subsidiaries and Affiliated Companies
Rio Algom Limited Pension Plan for Elliot Lake Security Guards
Rio Algom Pension Plan for Bargaining Unit Employees at Elliot Lake
Rivtow Marine Inc. a Smit International Company Pension Plan
Road and Sea Transport Limited Pension Plan for Employees
Rogers Communications Inc. 1995 Pension Plan
Roseau River Anishinabe First Nation Pension Plan
Royal Oak Mines Inc. Pension Plan for Yellowknife Hourly Employees
RSL COM Canada Inc. Pension Plan
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Saddle Lake Education Authority Pension Plan
Salaried Retirement Income Plan for Employees of Hudson Bay Mining and Smelting Co., Limited
Sandy Bay Ojibway Tribal Council Employees Pension Plan
Sandy Lake Board of Education Pension Plan
Saskatchewan Indian Cultural Centre Pension Plan
Saskatchewan Indian Institute of Technologies Pension Plan
Saskatchewan Wheat Pool and Affiliated Companies Accumulation Pension Plan
Saskatchewan Wheat Pool Hourly Employees' Retirement Plan
Saskatchewan Wheat Pool Out of Scope Defined Benefit Pension Plan
Saskatchewan Wheat Pool/Grain Services Union (I.L.W.U.) Pension Plan
Saskatoon Airport Authority Employee Pension Plan
Scotiabank Pension Plan
Seaboard Shipping Company Limited Pension Plan
Securicor Canada Limited Pension Plan 'B'
Securicor Canada Limited Pension Plan A
Sheguiandah First Nation
Siksika Family Services Pension Plan
Silk FM Broadcasting Ltd. Pension Plan
Sioux Lookout First Nations Health Authority Pension Plan
Skownan First Nation Retirement Plan
Smith Transport Co. Local 927 &76 Teamsters
Southeast Resource Development Council Corp. Retirement Plan
St. Paul Treatment & Training Centre for Alcohol and Drug Abuse Pension Plan
St. Theresa Point First Nation Health Authority Pension Plan
St. Theresa Point Indian Band Pension Plan
St. Theresa Point School Pension Plan
Staff Pension Plan for Employees of the Peigan Board of Education
Staff Pension Plan for the Employees of Christina River Enterprises (1987) Ltd. and Its Affiliates
Staff Pension Plan for All Employees of Ridley Inc.
Staff Pension Plan for Employees of Akaitcho Territory Government
Staff Pension Plan for Employees of Batchewana First Nation of Ojibways
Staff Pension Plan for Employees of Big Grassy River Ojibwe First Nation
Staff Pension Plan for Employees of Bimose Tribal Council
Staff Pension Plan for Employees of Canadian Ports Clearance Association
Staff Pension Plan for Employees of Confederacy of Treaty Six First Nations and its Affiliates
Staff Pension Plan for Employees of Dakota Oyate Lodge Inc.
Staff Pension Plan for Employees of Deton' Cho Corporation and Affiliates
Staff Pension Plan for Employees of First Nations Emergency Services Society of B.C.
Staff Pension Plan for Employees of Fraser River Port Authority
Staff Pension Plan for Employees of Kelowna Flightcraft Aircharter Ltd. and Associated Companies
Staff Pension Plan for Employees of Kiseputinow Education Authority
Staff Pension Plan for Employees of Kitaskinaw Education Authority Inc.
Staff Pension Plan for Employees of Maersk Canada Inc. and Associated Companies
Staff Pension Plan for Employees of Mattagami First Nation No.71
Staff Pension Plan for Employees of Naicatchewenin First Nations
Staff Pension Plan for Employees of Nanicost Ltd.
Staff Pension Plan for Employees of Nicickousemenecaning Band
Staff Pension Plan for Employees of Nimkee Nupigawagan Healing Centre
Staff Pension Plan for Employees of Noojmowin Teg Health Centre
Staff Pension Plan for Employees of Northwest Angle #37 First Nation
Staff Pension Plan for Employees of Ochapawace Band No. 71
Staff Pension Plan for Employees of Oteenow Employment & Training Society and Its Affiliates
Staff Pension Plan for Employees of Sagkeeng Child & Family Services Inc.
Staff Pension Plan for Employees of Saik'uz First Nation
Staff Pension Plan for Employees of Sechelt Indian Band
Staff Pension Plan for Employees of Seven Generations Education Institute
Staff Pension Plan for Employees of Shamattawa Education Authority
Staff Pension Plan for Employees of Shuswap Nation Tribal Council
Staff Pension Plan for Employees of Slate Falls Nation and Its Affiliates
Staff Pension Plan for Employees of Swan Lake First Nation
Staff Pension Plan for Employees of T'It' Kit Administration and Its Affiliates
Staff Pension Plan for Employees of the Woodland Cree Band and Its Affiliates
Staff Pension Plan for Employees of the Anishinaabeg of Kabapikotawangag Resources Council Inc.
Staff Pension Plan for Employees of the Big Island First Nation
Staff Pension Plan for Employees of the Birdtail Sioux Band and its Affiliates
Staff Pension Plan for Employees of the Brunswick House First Nation
Staff Pension Plan for Employees of the Cayoose Creek Band Council
Staff Pension Plan for Employees of the Dakota Ojibway Tribal Council
Staff Pension Plan for Employees of the Lac La Croix First Nation
Staff Pension Plan for Employees of the Paul Band Administration
Staff Pension Plan for Employees of the Peguis School Board and its Affiliates
Staff Pension Plan for Employees of the Sahtu Dene Council and Sahtu Secretariat Inc. and their Affiliates
Staff Pension Plan for Employees of the Stanjikoming First Nation
Staff Pension Plan for Employees of the Temagami First Nation
Staff Pension Plan for Employees of Treaty Seven Economic Development Corporation
Staff Pension Plan for Employees of Tsewultun Police Service Board
Staff Pension Plan for Employees of Wahnapitae First Nation
Staff Pension Plan for Employees of Wasagamack Health Authority
Staff Pension Plan for Employees of Western Cree Tribal Council
Staff Pension Plan for Employees of Whitesand First Nation & Affiliates
Staff Pension Plan for Employees of Wikwemikong Nursing Home
Staff Pension Plan for Employees of XCAN Grain Pool Limited
Staff Pension Plan for Employees of Zhiibaahaasing First Nation
Staff Pension Plan for Lake Manitoba Education Authority and its Affiliates
Staff Pension Plan for Management Employees of TransX Ltd.
Staff Pension Plan for Okanagan Indian Band
Staff Pension Plan for Pwi-Di-Goo-Zing Ne-Yaa-Zhing Advisory Services
Staff Pension Plan for Saddle Lake Tribal Administration
Staff Pension Plan for Shareholder Employees of TranX Ltd.
Staff Pension Plan for the Employees of Athabasca Tribal Council
Staff Pension Plan for the Employees of Bridge River Indian Band
Staff Pension Plan for the Employees of Dakota Tipi Reservation No. 56
Staff Pension Plan for the Employees of Deh Cho First Nations
Staff Pension Plan for the Employees of Ebb & Flow Band No. 52
Staff Pension Plan for the Employees of Household Movers and Shippers Limited and Its Associated or Subsidiary Companies
Staff Pension Plan for the Employees of Long Plain First Nations Education Authority
Staff Pension Plan for the Employees of Peigan First Nation
Staff Pension Plan for the Employees of Ridley Inc.
Staff Pension Plan for the Employees of Sioux Valley Band
Staff Pension Plan for the Employees of the BWIA West Indies Airways Limited
Staff Pension Plan for the Employees of the Manitoba Association of Native Fire Fighthers
Staff Pension Plan for the Employees of the Southern First Nations Secretariat
Staff Pension Plan for the Employees of Whitefish Bay Band #32A and Whitefish Bay Northwest Angle Education Authority
Staff Pension Plan for the Employees of Wikwemikong Unceded Indian Reserve
Star Shipping (Canada) Ltd. and Squamish Terminals Ltd.Pension Plan
Stentor Pension Plan
Sturgeon Lake Band No. 101 Pension Plan
Sturgeon Lake Indian Band # 154 Pension Plan
Supplemental Pension Plan for Ottawa MacDonald-Cartier International Airport Authority
Supplemental Pension Plan for the Employees of Telecom Media International Italy - Canada Inc.
Supplementary Pension Plan for Employees of Persona Inc.
Swampy Cree Tribal Council Incorporated Pension Plan
Swiss Air Transport Company Limited Employees' Pension Plan
Swiss Bank Corporation (Canada)/Société de Banque Suisse (Canada) Employees' Defined Contribution Pension Plan
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T.C.U. Trucking Division / Express Airborne Pension Trust Fund
Tallcree Indian Band Pension Plan
TCT Logistics Inc. Employees' Pension Plan
TCU-Interlink Freight Systems Inc. Pension Plan
Teamsters (Local 213) Pension Plan
Teamsters and Participating Employers of Ontario Pension Plan
Teck Cominco Metals Ltd. - Basic Retirement Income Plan for Non-Union Employees
Teekay Shipping (Canada) Ltd. Employees' Pension Plan
Telecommunciation Workers Pension Plan
Teleglobe Canada Inc. Contributory Employees' Pension Plan
Telesat Canada Employees Pension Plan
TELUS Corporation Pension Plan
Telus Defined Contribution Plan
TELUS Edmonton Pension Plan
Thai Airways International Ltd. Employees' Pension Plan
The British Columbia Coast Pilots Ltd. Pension Plan
The Canadian Press/Broadcast News Limited Pension Plan for Employees Represented by The Canadian Media Guild
The Chippewas of Nawash First Nation Pension Plan
The CSL Group Executive Pension Plan
The Employee Pension Plan of Algoma Central Corporation
The Federal Bridge Corporation Limited Pension Plan
The Halifax Port International Longshoremen's Association/Halifax Employers' Association Pension Plan
The Island Telephone Company Limited Employees' Pension Plan
The Miramar Giant Mine Ltd. Pension Plan for Unionized Employees
The Money Purchase Pension Plan for the Employees of Empire Stevedoring Co. Ltd. - Eastern - and Associated Companies
The Money Purchase Plan for Employees of Air Ontario Inc.
The NAV CANADA Pension Plan
The Neptune Bulk Terminals Ltd. Salaried Employees Pension Plan
The New Brunswick Telephone Company, Limited Plan for Employees' Pensions
The Nicola Tribal Association and its Affiliates Pension Plan
The Pension Fund Society of The Bank of Montreal
The Pension Fund Society of The Royal Bank of Canada
The Pension Plan for Beaver Enterprises Ltd.
The Pension Plan for Employees of Foothills Pipe Lines (Yukon) Ltd.
The Pension Plan for Employees of Kwanlin Dun First Nation
The Pension Plan for Employees of Na-Cho Nyak Dun First Nation
The Pension Plan for Employees of The White Pass and Yukon Corporation Limited
The Pension Plan for Employees of Yekooche First Nation
The Pension Plan for Executive Employees of The Canadian Press
The Pension Plan for Grant Transport
The Pension Plan for Kamloops Indian Band
The Pension Plan for Musgamagw Tsawataineuk Tribal Council
The Pension Plan for Stoney Tribal Education Authority
The Pension Plan for the Canadian Press, Broadcast News Limited and Press News Ltd.
The Pension Plan for the Employees of Beaver Lake Cree Nation
The Pension Plan for the Employees of Canadian North
The Pension Plan for the Employees of Millbrook Band Council
The Pension Plan for the Employees of Peepeekisis Band No.81
The Pension Plan for the Employees of The Association of Iroquois and Allied Indians
The Pension Plan for the Employees of the Calgary Airport Authority
The Pension Plan for the Employees of The White Pass Transportation Limited
The Pension Plan for the Employees of Tippet-Richardson Limited
The Pension Plan for the Employees of Wilride Transport Ltd.
The Pension Plan for the Lennox Island Band Council
The Pension Plan for Urban Native Indian Education Society
The Pension Plan for Whycocomagh Band Council
The Pension Plan of Trans Mountain Pipe Line Company Ltd. and Participating Companies
The Pension Plan of TST Solutions Inc.
The Registered Pension Plan for Employees of Horse Lake Indian Band and Participating Affiliates
The Registered Pension Plan for the Employees of Takla Lake Indian Band
The Retirement Benefit Plan of The Toronto-Dominion Bank
The Retirement Plan for Barganing Unit Employees of CKVU Sub Inc.
The Retirement Plan for Canadian Employees of Japan Air Lines Company Ltd.
The Retirement Plan for Employees of Canadian Utilities Limited & Participating Companies - Plan 2
The Retirement Plan for Employees of Opaskwayak Educational Authority Inc.
The Retirement Plan for Executive Employees of DHL International Express Ltd.
The Retirement Plan for Hourly Employees of United Grain Growers Limited at Thunder Bay
The Retirement Plan for Management and Non-Bargaining Unit Employees of CKVU Sub Inc.
The Retirement Plan for Senior Officers of Agricore Cooperative Ltd.
The Retirement Plan for the Employees of Constance Lake Band No. 92
The Retirement Plan for the Employees of National Bank of Greece (Canada)
The Retirement Plan for the Employees of Pem-Air Limited
The Retirement Plan for the Employees of Waywayseecappo Education Authority
The Retirement Savings Pension Plan for Employees of Trimac Ltd. and its Designated Subsidiary and Associated Companies
The Reuters Canada Limited Employees' Pension Plan
The Revised Pension Plan for Employees of Omstead Foods Limited Transportation Division
The Sandy Bay Education Foundation Inc. Pension Plan
The Seafarers' International Union of Canada Pension Plan
The Shibogama First Nations Council Employees' Pension Plan
The Staff Pension Plan for Employees of Lower Similkameen Indian Band
The Teamsters and the Motor Transport Industrial Relations Bureau of Quebec Pension Plan
The Toronto Terminals Railway Company Pension Plan
The Town of Hay River Pension Plan
The Ucluelet Indian Band Employees' Pension Plan
The Victoria Transport Inc. Pension Plan
Thunderchild Pension Plan
Tootinaowaziibeeng Treaty Reserve Pension Plan
Towboat Seamen Retirement Plan
Trans-Northern Pipelines Inc./Pipelines Trans-Nord Inc. Employees' Pension Plan
Tsawout Indian Band Pension Plan
Tsow-Tun Le Lum Society Registered Pension Plan
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U.S. Bancorp Pension Plan
Unionized Employees' Pension Plan of Brink's Canada Limited and Related Companies
United Air Lines, Inc. Canadian Management and Salaried Employees' Retirement Plan
United Air Lines, Inc. Vancouver Agent Employees' Retirement Plan
United Parcel Service Canada Ltd. Jointly Trusteed Pension Plan
United Parcel Service Canada Ltd. Retirement Plan
United Van Lines (Canada) Limited Employees Pension Plan
USWA Local 1976 - Canpar Pension Trust Fund
Van-Kam Freightways Ltd. Pension Plan
Vancouver International Airport Authority Defined Benefit Pension Plan
Vancouver International Airport Authority Defined Benefit Pension Plan #2
Vancouver Port Authority Pension Plan
Venca Shipping Ltd. Pension Plan
Vickerd Brothers Ltd. Employee Pension Plan
Virginia Fontaine Memorial Centre Inc. Pension Plan
Voyageur Colonial Limited Pension Trust Fund
W.G. Thompson & Sons Limited Employees' Pension Plan
Wasagamack Education Authority Inc. Pension Plan
Washington Marine Group Salaried Employees Pension Plan
Waterfront Foremen's Pension Plan
Waterfront Industry Pension
Waywayseecappo First Nation Pension Plan
Wequedong Lodge of Thunder Bay Pension Plan
West Region Tribal Council Inc. Pension Plan
Westcoast Energy Inc. Employees' Retirement Plan
Western Stevedoring Company Limited Pension Plan
Westshore Terminals Ltd. Pension Plan
Westshore Terminals Ltd. Retirement Plan
Westward Shipping Ltd. Employees' Retirement Plan
Wet'suwet'en Treaty Office Pension Plan
Weyburn Inland Terminal Ltd. Pension Plan
Weyerhaeuser Company Limited Retirement Plan for Hourly Employees Who Are Subject To The Pension Benefits Standards Act, 1985 ("Plan 04")
Weyerhaeuser Company Limited Retirement Plan for Salaried Employees
Whitecap Dakota/Sioux First Nation Registered Pension Plan
Windigo Tribal Council Pension Plan
Witchekan Lake Band Pension Plan
Wuskwi Sipihk First Nation Retirement Plan
Yellowhead Tribal Council, The Alexander First Nation Tribal Government, Alexander First Nation Education Authority and O'Chiese First Nation Education Authority Pension Plan
Yorkton Tribal Council Child and Family Services Pension Plan
Yukon College Employees' Pension Plan
Yukon Energy Corporation Employees' Pension Plan
Yukon Hospital Corporation Employees Pension Plan