Here you will find answers to questions about post-2012 marriage breakdown rules.
FSCO refers to the Financial Services Commission of Ontario.
General Questions about the Statement of Family Law Value (FLV)
The Statement of FLV Application Process
Calculating the Family Law Value (FLV)
Dividing the Plan Benefit
Post Division Impact to Your Pension
FSCO Family Law Forms Reference Guide
Glossary of Terms
A: If you and your former spouse want to value the Plan’s benefit, a FSCO Family Law Form 4 - Statement of Family Law Value is the legal statement that provides this value. It is referred to as the Statement of Family Law Value (FLV).
To receive a Statement of FLV, there must be a complete FSCO Family Law Form 1 - Application for Family Law Value provided to OMERS.
As the administrator of the Plan, OMERS prepares and provides the Statement of FLV and provides copies to both the member and the former spouse.
A: OMERS is required to follow specific rules (2012 rules) related to valuation, payment and adjustment to pensions on marriage breakdown.
A: No, the application for the Statement of FLV is not mandatory.
A: No, you or your former spouse who is/was legally married to you can apply at any time. However, you may want to seek independent legal advice in regards to other factors which may be affected by the timing of your application.
A: The law requires the FSCO forms. Read more at www.fsco.gov.on.ca. Please note that specific documents must accompany the forms to make the application complete. You can also refer to the FSCO Family Law Forms Reference Guide.
A: Post-2011 rules apply if your court order, family arbitration award or domestic contract was signed or executed on or after January 1, 2012. The date your pension started is not a factor. However, membership status (active, former, or retired), at the separation date (FLV Date) will determine how the FLV is calculated and the payment options if your FLV is divided as part of an equalization payment.
A: Yes and no.
A former legally married spouse can apply for a Statement of FLV. A common-law spouse cannot. OMERS will provide the Statement of FLV to both the member and the former spouse (or designated contact person), regardless of who applied – this is a legal requirement.
A: No. A common-law spouse of a member is not an eligible applicant. An eligible applicant includes a member or a former spouse who is/was legally married to the member.
A: No. It means that that you (the member) must initiate the process by applying for the Statement of FLV from OMERS. Once you apply, a common-law former spouse is treated the same as a legally married former spouse for the purpose of a Statement of FLV.
After a Statement of FLV has been issued, the common-law former spouse can apply for a transfer or division from the OMERS Plan.
A: No. The Retirement Income Estimator is not designed to perform these calculations.
A: If both yourself and your former spouse are Plan members and wish to receive a FSCO Family Law Form 4 for each of your pensions, you will need to submit separate FSCO Family Law Form 1 applications in relation to each individual.
A: You must submit the FSCO Family Law Form 1 - Application for Family Law Value. It is very important that it is submitted accurately and completed in order to not delay the process.
Please see FSCO’s website for a video tutorial and further information on how to complete the FSCO Family Law Form 1 as well as other forms used in the process.
In addition to the FSCO Family Law Form 1, submit one of the following documents as proof of the start date and separation date of the spousal relationship.
Important! The proof of start date and separation date of the spousal relationship must match what you have submitted in Part E and F of the FSCO Family Law Form 1.
In addition to the proof of spousal relationship dates which must be submitted with your FSCO Family Law Form 1, you must submit copies of you and your former spouse’s proofs of age (e.g. birth certificate). Certified original documents are not required.
A: The first Statement of FLV issued to you and your former spouse will be provided at no cost. Any subsequent applications made by you or your former legally married spouse will cost $600 per Statement of FLV.
Note: If you request a Statement of FLV for more than one date, the first statement issued will be provided at no cost, the second date, however, would cost $600.
A: Make the cheque payable to the "OMERS Administration Corporation."
A: The $600 fee paid is not considered a contribution to the Plan and it is not tax deductible. OMERS can issue a receipt, but the receipt will state that this is not a Plan contribution.
A: If you and your former spouse have not agreed to or determined your FLV Date, fill out Appendix A of the FSCO Family Law Form 1.
If you and your spouse later decide to apply for a transfer or division from the OMERS Plan, one FLV Date must be confirmed. That date must correspond with one of the dates on Appendix A.
A: Submit one Statement of FLV application to OMERS. While only one application is required, two Statement of FLV packages are provided.
A: Yes. Regardless of who applies OMERS is required to send copies to both the member and the former spouse.
A: Yes, if you would like a third party (e.g. lawyer) to act on your behalf you and/or your former spouse will have to submit a FSCO Family Law Form 3 - Contact Person Authorization. While all correspondence will be sent to the designated third party, please keep in mind they will not have the authority to sign the forms and required documents on your behalf.
A: Send your application for the Statement of FLV and required documents to:
One University Avenue, Suite 400
Toronto, ON, M5J 2P1
Important! To avoid delays, be sure to include all required forms, documents and a cheque to cover the cost of the fee (if applicable).
A: The pension valuation for marriage breakdown is the process to calculate the FLV. OMERS uses a method that involves using contributory earnings and credited service (as at the FLV Date), legally required assumptions and the terms of the OMERS Plan to calculate the FLV through a formula set in the law.
A: The assumptions used are disclosed on the Statement of FLV. (The FLV must be calculated according to requirements established by the law so the methods and formulae are standardized.)
A: If you purchased service in the OMERS plan during your spousal period (based on the date funds were deposited), it will be included as part of the benefit earned during spousal period even if the actual time period of service purchased did not occur during the spousal period.
If your credited service increased due to an omission period, it will only be included as part of your FLV if the dates that the omission occurred fell within your spousal period.
A: If you transferred service in through a reciprocal or divestment transfer agreement, the service is included if it occurred during the spousal period despite when it may have been transferred. Note: service that is not transferred in under one of these agreements is treated the same as a purchased leave or buy-back.
A: The 2012 rules specifically refer to an amount calculated by OMERS and reported on the Statement of FLV. While you are not prevented from getting a second opinion at your own expense, OMERS cannot accept a third party valuation as a basis for OMERS FLV valuation.
A: OMERS determination of the FLV will comply with legal requirements. If you believe that the information used in the calculation of the FLV is incorrect, contact OMERS.
A: No, there is no time limit to apply. However, if a member’s circumstances change the amount available for transfer may be affected. For example, if a member retires and starts collecting their pension, the amount available to transfer from OMERS to the former spouse will be less than the FLV amount quoted on the Statement of FLV. This is because the member was in receipt of a pension that did not factor in any payments that could have been made to the former spouse. The difference between the FLV amount quoted and the amount that OMERS can pay is outside of OMERS and between the member and his or her former spouse.
A: No, there is no time limit to apply for the division of the member’s pension. However, it is important to keep in mind that the member’s pension can be reduced by more than 50% if arrears are applicable.
A: If the settlement between you and your former spouse requires OMERS to transfer or divide the Plan benefit (as applicable), the following must be submitted to OMERS:
If a FSCO Family Law Form 4B or 4D was issued to you and your former spouse:
If a FSCO Family Law Form 4E was issued to you and your former spouse:
A: Generally no, if you were active at your FLV Date and your former spouse is eligible for a lump sum transfer the amount must be transferred to a locked-in retirement account (LIRA), a life income fund (LIF) or another registered pension plan (RPP) within Canada.
A: If the FSCO Family Law Form 7 is provided to OMERS, we will keep this on the member’s record to note that there was a Statement of FLV issued and that the member and their former spouse have separated. The FSCO Family Law Form 7 does not, however, prevent the member and their former spouse from settling any net family property after this form is submitted to OMERS. The former spouse may still apply to OMERS to transfer or divide the Plan benefit after the fact.
A: Yes, OMERS will accept a separation agreement because it is a domestic contract. There are three types of domestic contracts: marriage contract, cohabitation agreements and separation agreements
A: A “certified copy” is a copy of the original document with the signature and official stamp of an appropriate authority indicating that they have viewed the original document and that the copy they are signing is a true copy.
Important! When submitting certified documents to OMERS, the statements must be in the original ink used by the certifier.
Please be advised that OMERS will only accept certification of court orders, arbitration awards, separation agreements or other domestic contracts by the following individuals:
A: Yes. A divorce granted outside of Ontario has no impact in regards to your application.
A: No, to transfer or divide your OMERS pension, OMERS requires a court order issued by the Ontario Superior Court or the Family Court of the Ontario Superior Court. Alternatively, you can execute a domestic contract or a family arbitration award executed under the Ontario Family Law Act in place of a court order.
A: Yes, OMERS requires the entire document.
A: The legal document must give clear direction stating that OMERS is to perform the division under the Ontario Pension Benefits Act (PBA) (do not reference the Pension Benefits Division Act (PBDA), for example). Please ensure the document also includes the following:
Important! If you received a FSCO Family Law Form 4B or 4D: Interest will be added to the former spouse’s share of the FLV from the FLV Date to the beginning of the month in which the transfer is made if the former spouse’s share is expressed as a proportion (i.e. percentage) of the FLV in the parties’ legal document or if the legal document explicitly requires that interest be paid on the amount.
Important! If you received a FSCO Family Law Form 4E: OMERS will include arrears in the division from the FLV Date to the month the division is administered unless the marriage breakdown document specifies that the division of pension is to not include arrears.
A: If an amendment has been made to your legal document pertaining to your pension prior to a transfer or division, submit certified original copies of both the original and amended documents.
A: Dual members must address each membership separately in their legal documents and FSCO Family Law Form 5 or 6. Clear direction for the division of pension for each membership must be provided.
OMERS provides “Next Steps” instructions with the Statement of FLV.
A: Yes, whether the division is affected through a lump-sum transfer or split of the pension payments, your pension will be adjusted and reduced to account for the value paid out to your former spouse.
A: No, OMERS cannot provide you an estimate of the impact to your pension. You have to apply for a Statement of FLV, and if you go through with the division OMERS can calculate the impact at that time.
A: No, it's not allowed under the Income Tax Act and the OMERS Plan’s provisions.
A: No, your retirement eligibility for both your normal retirement date and earliest unreduced retirement date will not change as a result of a division. The service you have accrued in the Plan remains the same for eligibility purposes.
A: No, the division will not affect your "best five" earnings.
A: No, amounts shown on your Pension Report will not reflect the amount that has been carved out. Rather, you will receive an annual Pension Report Supplement, which provides details on the current carve out amount.
Unfortunately, OMERS can only provide the current value of the carve out in each year following the transfer, and not an estimated amount carve out at future retirement dates.
A: If you and your former spouse were married; and
your former spouse will get a survivor pension for the remainder of their life.
If you were in a common-law relationship, in addition to the criteria above, your former common-law spouse will be eligible for survivor benefits;
A: If you pass away before your former spouse and they are not your retirement-date spouse, there are no further benefits payable following your death.
A: Yes, your former spouse can waive their right to a survivor benefit by completing a FSCO Family Law Form 8 - Post-retirement Waiver of Joint and Survivor Pension by the Former Spouse of a Retired Member on Spousal Relationship Breakdown.
Read more at www.fsco.gov.on.ca under “Pensions” > “Family Law” > “Family Law Forms”.
A: Normally, your pension will be restored to its full amount. However, if the legal document provides for it, payments can continue to be paid to your former spouse’s estate.
Submitting an incomplete application WILL significantly delay the process. Top 5 Reasons for Delays
Frequently Asked Questions
FSCO Family Law Forms Reference Guide
Glossary of Terms