Marriage Breakdown

New Regulations Regarding Division of Pension on Marriage Breakdown are in effect as of May 1, 2004.

If there is any discrepancy between this information and the Plan, the provisions of the Teachers’ Pension Plans Act and applicable legislation will determine entitlements and options available.

New Regulations are effective May 1, 2004 governing the division of pension benefits upon marriage breakdown. They affect all members, except those who had a Matrimonial Property Order (MPO) made by the court prior to May 1, 2004. ATRF will continue to apply those MPO’s in accordance with their terms, providing they were in compliance with the previous laws.

The regulations regarding division of pensions on marriage breakdown apply to members who were legally married and have since divorced. They do not apply to common-law or same-gender relationships as they are not covered under Alberta's Matrimonial Property Act.

Transitional Provision

A transitional provision has been put in place whereby MPO’s, reflecting the laws that were applicable before May 1, 2004, can be filed with ATRF up to April 30, 2010. This is to accommodate members who may have commenced matrimonial property negotiations prior to May 1, 2004, but had not yet obtained a MPO.

In other words, if a MPO is filed with ATRF on or before April 30, 2010, members may choose to divide their pensions either in accordance with the new Regulations (one-time immediate lump-sum payment) or in accordance with the previous laws (division only upon the retirement, termination, or death of the member).

If you do not file a MPO by April 30, 2010, in compliance with Section 45 of Teachers' Pension Plans (Legislative Provisions) Regulation (AR 204/95), the choice will end. Any MPO's filed with ATRF on or after May 1, 2010, must be in accordance with the new Regulations, unless, the pension is already in pay. See section entitled "What is Available When the Pension is Already in Pay" for more details.

See the Information Sheet "Division of Pension on Marriage Breakdown" for more information.