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Family Law related FAQs - Forms

 
 
Q200. What do I have to do in order to get the Family Law Value of my spouse’s/former spouse’s pension assets?
 
A200. You will need to complete the Application for Family Law Value (FSCO Family Law Form 1).  You may also need to complete the following form(s):
 
 
Q201. Do I have to complete the contact person information (Part C and/or D) on the Application for Family Law Value (FSCO Family Law Form 1)?
 
A201. No. You only need to complete Part C and/or D of the Application for Family Law Value  (FSCO Family Law Form 1) if you and/or your spouse/former spouse have appointed a contact person to communicate with the plan administrator on your behalf. -03/2012
 
 
Q202. Who can sign the Statement of Family Law Value (FSCO Family Law Form 4A, 4B, 4C, 4D or 4E) under the section called “Certification by the Plan Administrator or Plan Administrator’s Agent or Representative”?
 
A202.  The person (or entity) who signs the Statement of Family Law Value certifies this form on behalf of the plan administrator and must be authorized to do so in writing. This delegation should be documented in the plan governance documents. -03/2012
 
 
Q203. Can a plan administrator develop and use its own application forms related to the new family law regime under the new rules?
 
A203. No, all plan administrators must use the FSCO family law forms after January 1, 2012.  These forms have been developed and are now posted on FSCO’s website. -12/2011
 
 
Q204. What forms have been developed by FSCO?
 
A204. FSCO has developed forms related to the new rules on the division of pension assets on breakdown of a spousal relationship. These forms will include:
 
  • a form the spouses complete to ask the plan administrator to determine the value of the pension assets for family law purposes;
  • forms that the plan administrator completes to show the value of the pension assets for family law purposes; and,
  • other forms to support the election and payment of pension assets after the breakdown in the spousal relationship. -12/2011
 
Q205. Are these new FSCO family law forms to be filed with FSCO?
 
A205. No. None of these family law forms are to be filed with FSCO. -06/2011
 
 
Q206. My spouse/former spouse and I are both members of the same pension plan. Do we need to make two separate applications to get our Family Law Value?
 
A206. Yes, you will need to make two separate applications to get the Family Law Value for each pension and pay two separate fees (if any). -12/2011
 
 
Q207. I am the Plan Member and have a pension entitlement under more than one pension plan. Do separate Application Forms have to be filled out for each pension plan?
 
A207.  Yes, separate Application Forms will have to be filled out and sent to the Plan Administrator for each pension plan along with the required documents and the fee (if any). -12/2011
 
 
Q208. Can I have my lawyer (or someone else) deal with the Plan Administrator on my behalf?
 
A208. Yes.  You may authorize your lawyer or someone else to communicate and receive information from the Plan Administrator on your behalf. You provide your authorization by completing the Contact Person Authorization (FSCO Family Law Form 3) and sending it to the Plan Administrator. You must sign this Authorization Form (and any other required form).  
 
If you want to change the person you have authorized as your contact person, you need to provide the Plan Administrator with another Contact Person Authorization (FSCO Family Law Form 3).
 
There may be situations where someone is authorized to act on your behalf through a power of attorney for property or a court order.
 
If you are acting on behalf of the Plan Member or the spouse/former spouse of the Plan Member under a power of attorney for property, you may complete the Application for Family Law Value (FSCO Family Law Form 1) and sign on his or her behalf. You must include a certified copy of the power of attorney for property with this Application Form. You must identify yourself under Part C or Part D of this Application Form (whichever applies).
 
If you are acting on behalf of the Plan Member or the spouse/former spouse of the Plan Member under a court order, you may complete the Application for Family Law Value (FSCO Family Law Form 1) and sign on his or her behalf if you have been given this authority under the court order. You must include a certified copy of the court order with this Application Form. You must identify yourself under Part C or Part D of this Application Form (whichever applies). -12/2012
 
 
Q209. I only deal with my former spouse’s lawyer. Is the Contact Person Authorization (FSCO Family Law Form 3) required from my former spouse?
 
A209. If your former spouse wants the Plan Administrator to communicate directly with his/her lawyer, your former spouse must complete the Contact Person Authorization (FSCO Family Law Form 3) in order to provide this authorization. -12/2011
 
 
Q210. I don’t want to provide the Plan Administrator with my current mailing address. Is my telephone or cell number or e-mail address sufficient?
 
A210. The Plan Administrator is required by law to provide both you and your spouse/former spouse with a Statement of Family Law Value (FSCO Family Law Form 4). Contact the Plan Administrator to find out what alternate arrangements can be made in order for you to receive this Statement.
 
If you have a contact person, you also need to complete the Contact Person Authorization (FSCO Family Law Form 3) and send this form to the Plan Administrator. -12/2011
 
 
Q211. What is a “certified copy”?
 
A211.  A “certified copy” is a copy of the original document that has been certified as being a true copy of the original document. Typically, people who provide certification include lawyers and notaries. Contact the Plan Administrator to find out if it will accept certified copies from other people (e.g. Human Resource personnel).
-02/2013
 
 
Q212. What happens if my spouse/former spouse and I agree to change either the starting date or the separation date (Family Law Valuation Date) of our spousal relationship after we receive the Statement of Family Law Value (FSCO Family Law Form 4) from the Plan Administrator?
 
A212. You or your spouse/former spouse must complete and send another Application for Family Law Value (FSCO Family Law Form 1) to the Plan Administrator along with all required documents and the fee (if any). The Plan Administrator will then provide you and your spouse/former spouse with the new Family Law Value based on the revised date(s). 
 
You may want to get legal advice before making your decision. -12/2011
 
 
Q213. My spouse/former spouse and I completed Appendix A of the Application for Family Law Value (FSCO Family Law Form 1) and have provided two proposed separation dates (Family Law Valuation Dates). We have now agreed on our separation date, which is a different date than the dates that were provided in Appendix A of that Application Form. Can I report our new separation date on this Application Form?
 
A213. No. The change in your separation date will require a new Family Law Value calculation. A new Application for Family Law Value (FSCO Family Law Form 1), accompanied by all required documents and the fee (if any) must be given to the Plan Administrator.  -12/2011
 
 
Q214. When will I receive my share of the Family Law Value?
 
A214. The Plan Administrator has 60 days after receiving a complete application, including all required documents, to transfer your share of the Family Law Value in accordance with your chosen transfer option, subject to certain exceptions. -12/2011
 
 
Q215. What are the exceptions that could delay or reduce payment of my share of the Family Law Value? 
 
A215. In some circumstances, the Plan Administrator may be limited in the amount that it can transfer to you under the Ontario Pension Benefits Act. These circumstances include wind up of the pension plan or if the transfer ratio of the pension plan is less than 1. If these limited circumstances apply to you, the Plan Administrator will let you know. -12/2011
 
 
Q216. When will I receive my share of the pension?
 
A216. The Plan Administrator has 60 days after receiving a complete application, including all required documents, to divide and pay you your share of the Retired Member’s pension in accordance with your chosen option. -12/2011
 
 
Q217. I have specific questions pertaining to a form.  Where can I find answers to my questions?
 
A217. Frequently asked questions pertaining to the forms are available at:
 

 

-12/2011
 
 
NewQ218. When a plan administrator receives an Application for Family Law Value (FSCO Family Law Form 1), how long does the plan administrator have to provide the Statement of Family Law Value (FSCO Family Law Form 4) to both spouses?
 
A218. The plan administrator must give the Statement of Family Law Value to both spouses within 60 days after receiving a complete application in accordance with section 25 of Ontario Regulation 287/11.
 
In order to finalize property division, spouses often need to make an application to the court and set court dates. As a result, plan administrators should review all applications promptly in order to ensure that they are complete. If the application is incomplete, the applicant should be alerted in order that any potential delays may be taken into consideration when setting court dates.
 
Likewise, the applicant should confirm with the plan administrator that the application was received and complete before setting court dates. -03/2015
 
 
 
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