If you and your former spouse choose to divide your OMERS pension, your former spouse must apply for a transfer or division from the OMERS Plan and provide the supporting documentation. OMERS will transfer or divide the pension within 60 days of receiving a completed application.
Important! Before applying, please read FSCO Family Law Form 4E, page 8, Next Steps on the Finanical Services Commission of Ontario (FSCO) website.
To apply to transfer the Family Law Value (FLV) from the Plan, send the following to OMERS:
The former spouse and witness must sign in Section I on page 5.
For members with more than one OMERS membership, complete a separate FSCO Family Law Form 5 for each membership.
The former spouse completes Parts 1 to 3.
For members with more than one OMERS membership, only one Direction to administrator form is required if the funds from the separate memberships are going to the same account.
This is a fund transfer form that supports tax-deferred transfers.
For members with more than one OMERS membership:
To apply to divide the Family Law Value (FLV) from the Plan, send the following to OMERS:
This form provides the personal and banking information for the direct deposit payment.
The Canada Revenue Agency requires that OMERS withhold tax from OMERS monthly pension payment, where necessary.
Arrears represent the split pension that was not deducted from the FLV Date to the settlement month (plus interest). It is not payable in a lump sum manner; rather, it increases the deduction to the member’s pension payable to the former spouse over the remaining life of the member.
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 not to include arrears.
If the marriage breakdown document is silent or unclear, OMERS will calculate and include arrears. Language such as “the parties will divide the pension only on a go-forward basis” will not be considered sufficient to exclude arrears. This is required under the governing framework.
Once the pension, including arrears, has commenced payment, if further adjustments are required, OMERS will only adjust the division to exclude arrears on a prospective basis. Any payments already made will be up to the parties to manage. We would require an amendment or clarification to the marriage breakdown document to make this change.
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