Proof of the member's death
Proof of legal marriage
Proof of common-law relationship: Statutory declaration
Proof of common-law relationship: Other documents
Proof of eligibility for child's benefit
Proof of age
When applying for an OMERS survivor benefit, supporting documents and forms are needed to process the claim. Unless otherwise stated, we
do not need certified or notarized copies of documents.
Proof of the member's death
We will accept legible photocopies of the following documents as proof of the member's death, in order of preference:
- provincial death certificate (or equivalent);
- funeral director's statement of death; or
- certificate of appointment of estate trustee with or without a will.
Proof of legal marriage
OMERS will accept a legible photocopy of one of the following documents as valid evidence of a legal marriage:
- a marriage certificate; or
- a statutory declaration (or a signed letter from the place of worship where the marriage took place); or
- a sworn affidavit; or
- a notarized copy of an extract from a family Bible (if it indicates the date of marriage).
Proof of common-law relationship: statutory declaration
After a member's death, the surviving common-law spouse must make a statutory declaration or swear an affidavit before a Commissioner of Oaths (such as a lawyer, MPP, municipal or court official with the authority to administer oaths or take affidavits). The declaration has to address the following issues:
- Were you living together like a married couple, e.g., had a physical relationship, ate meals together, socialized as a couple, shared expenses, financially supported each other, etc.? Was the relationship to the exclusion of others? Was there any discussion of the possibility of future marriage?
- When did you begin to live together? Did this relationship continue until the member's date of death? Were there any breaks when you were not living together? If there were breaks, please provide dates.
- What was your and the member's marital status while you were living together and at the time of death?
- Did you present yourselves openly as spouses?
- Did the member have any children (indicate their ages and enclose birth certificates, if available), regardless of whether they are your children or not? If the children are under age 18, who has legal custody of them?
- Were you and the member natural or adoptive parents (completed formal adoption procedures) of a child?
Proof of common-law relationship: Other documents
Other documents required for proof of a common-law marriage include copies of any three of the following:
- Supporting affidavits sworn by friends, relatives, legal, medical, or spiritual advisors, bank managers, etc. who can verify your affidavit.
- Any pertinent birth certificates or formal adoption papers for children of the relationship.
- Proof of existence of joint charge and bank accounts, tax returns, home ownership, or jointly held property.
- Statements in the member's will, insurance policies, RRSPs or RHOSPs that you are the designated beneficiary.
- Application for retired member grants.
- Newspaper and social announcements.
- Greeting cards, social invitations and any other pertinent material that indicates a public perception of a marital relationship.
- Any other relevant evidence not listed above.
Proof of eligibility for child's benefit
The person who has legal custody of the deceased member's eligible children, and is applying for a child's benefit on their behalf, must submit the child's:
- birth certificate, or
- adoption papers, or
- guardianship papers and a letter stating that the child was a dependent of the member.
If the spouse does not have custody of the eligible child, please provide the name and address of the person who does have custody, or the name and address of the child.
If the deceased member's child is between 18 and 25, and a full-time student, they must submit a Form 155 - Declaration of full-time attendance at an educational institute
on an annual basis.
If the deceased member's child is over 18 and is totally disabled OMERS needs written confirmation of the child's disability from a legally qualified medical practitioner (such as a Form 141 - Certificate of child's total disability).
Proof of age
OMERS needs proof of age for a member who dies before retirement, and for any eligible children. A document submitted as proof of age must include the date of birth.
We will accept a legible photocopy of one of the following documents:
- birth certificate
- baptismal papers
- adoption papers
- Canadian registration of birth
- Canadian passport
- Canadian citizenship papers
- Certificate of Indian Status (status card)
- Canadian driver's licence
If none of the above documents are available, we need legible photocopies of two of the following documents:
- marriage records
- school records
- military records
- foreign passport
- a notarized copy of an extract from a family Bible
- Age of Majority card
- statutory declaration
- Canadian immigration papers