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Marriage Breakdown

​​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.

Any Matrimonial Property Order (MPO) filed with ATRF on or after May 1, 2010 must be in accordance with the May 1, 2004 Regulations which provides for a lump-sum payment division, unless the pension is already in pay.

ATRF will continue to administer MPOs that were filed as of April 30, 2010 under the previous laws and that are in compliance with Section 45 of the Teachers’ Pension Plans (Legislative Provisions) Regulation (AR 204/95), i.e., division only upon the retirement, termination, or death of the member.​

The Regulations regarding the 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 these relationships are not covered under Alberta’s Matrimonial Property Act.

The Period of Joint Accrual is generally the period during which the parties were married while the member was a member of the Plan.

The type of MPO that is required to divide a pension depends on whether the member was vested and has sufficient pensionable service to be eligible for a pension from the Plan. To request a valuation of the Benefit Entitlement and to confirm the member’s status in the Plan, complete and return the Request for Statement of Benefit Entitlement form​.​

Draft Forms of Matrimonial P​​​roperty Orders

  1. Member was not ve​sted at the end date of the Period of Joint Accrual.
    • Option A1: Former pension partner has elected a cash payment with income tax deducted; or
    • Option A2: Former pension partner has elected to transfer the payment directly to a registered retirement savings plan (RRSP) with no income tax deducted.
  2. Member was vested at the end date of the Period of Joint Accrual but less than 55.
    • Option B: Former pension partner’s payment must be transferred to a locked-in retirement account (LIRA).
  3. Member was vested at the end date of the Period of Joint Accrual and age 55 or older.
    • Option C1: Former pension partner has elected an immediate payout to a LIRA; or
    • Option C2: Former pension partner has elected to delay the transfer to a LIRA until the earliest of the member’s retirement, reciprocal transfer to another pension plan or death.
  4. Member’s pension is already in pay.
    • Option D​: Former pension partner to receive a portion of the member’s monthly pen​​sion.

See the publication Division of Pension on Marriage Breakdown for more information. You can also refer to the May​ 1, 2004 Regulations​.​

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