Q100. Can a Plan Administrator charge a fee for calculating my Family Law Value?
A100. Yes, the Plan Administrator can charge a fee. The fee must not be more than the following amounts:
- $200.00 for a pension plan that provides a defined contribution benefit to the Plan Member;
- $600.00 for a pension plan that provides a defined benefit (which includes a target benefit) to the Plan Member;
- $800.00 for a pension plan that provides a combination of a defined benefit and a defined contribution benefit or a benefit that is the greater of a defined benefit or a defined contribution benefit to the Plan Member.
The person applying for the Family Law Value must arrange to pay the fee. The cost does not have to be shared between the Plan Member and his or her spouse/former spouse. If the required fee is not paid, the Plan Administrator is not required to calculate the Family Law Value. Contact the Plan Administrator to find out the amount of the fee and how to make your payment (see instructions for Part B of the Application Form about contacting the Plan Administrator). –12/2011
Q101. Is Harmonized Sales Tax (HST) included in the maximum fees?
A101. No. HST (if any) is not included in the maximum fees. -03/2012
Q102. Are plan administrators required to charge Harmonized Sales Tax (HST) on the maximum fees under section 23 of Ontario Regulation 287/11 (i.e. the fees to calculate the Family Law Value)?
A102. Plan administrators should contact the Canada Revenue Agency to find out if HST must be charged. -03/2012
Q103. Can plan administrators charge a fee for the Application to Transfer the Family Law Value (FSCO Family Law Form 5) or the Application to Divide a Retired Member’s Pension (FSCO Family Law Form 6)?
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