Step 4 – Apply for a transfer or division from the OMERS Plan

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 Financial Services Commission of Ontario (FSCO) website.

Active Members

To apply to transfer the Family Law Value (FLV) from the Plan, send the following to OMERS:

1. A marriage breakdown document (i.e., court order, domestic contract, family arbitration award) executed on or after January 1, 2012 that:

  • Is a certified document.
  • Clearly specifies the transfer amount or percentage of the Family Law Valuation (FLV) that is to be paid from the Plan. Please refer to FSCO Family Law Form 4B or D for guidance on how interest is or is not included.
  • States the FLV Date that corresponds to the date listed in the FSCO Family Law Form 4 - Statement of Family Law Value.

Important:

  • If any of the above items is missing, your application will be considered incomplete and the marriage breakdown document will need to be amended or clarified at your expense.
  • If the start date of spousal relationship is included, it must match the start date listed in the FSCO Family Law Form 4.
  • For members with more than one OMERS membership, only a single marriage breakdown document is needed to support the application, provided the membership amounts are listed separately.

2. FSCO Family Law Form 5 – Application to Transfer the Family Law Value on the FSCO website.

  • The former spouse and witness must sign in Section I on page 5.
  • The former spouse and witness must sign on the same date.

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.

  • The receiving financial institution completes Part 4.

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.

The Direction to Administrator form is only required if the funds are being transferred to a locked-in retirement account, life income fund (LIF) or registered pension plan (RPP). Please refer to your transfer options identified in Part E of your FSCO Family Law Form 4.
 

  • Direction to administrator (869.0 KB)

    This form is a locking-in agreement and is completed by the financial institution or the administrator of the other registered pension plan that is receiving the funds.

Retired Members

To apply to divide the Family Law Value (FLV) from the Plan, send the following to OMERS:

1. A marriage breakdown document (i.e., court order, domestic contract, family arbitration award) executed on or after January 1, 2012 that:

  • Is a certified document.
  • Clearly specifies the transfer amount or percentage of the Family Law Valuation (FLV) that is to be paid from the Plan. Please refer to FSCO Family Law Form 4B or D for guidance on how interest is or is not included.
  • States the FLV Date that corresponds to the date listed in the FSCO Family Law Form 4 - Statement of Family Law Value.

Important:

  • If the start date of spousal relationship is included, it must match the start date listed in the attached FSCO Family Law Form 4.

2. FSCO Family Law Form 6 - Application to Divide a Retired Member’s Pension  on the FSCO website

  • The former spouse and witness must sign in Part H on page 6.
  • The former spouse and witness must sign on the same date.
  • Form 157 – Claim for former spouse pension (903.0 KB)

This form provides the personal and banking information for the direct deposit payment.

  • The former spouse and witness must sign in Section 4.

Optional: TD1 tax forms (federal and provincial)

The Canada Revenue Agency requires that OMERS withhold tax from OMERS monthly pension payment, where necessary.

  • If you do not complete the TD1 tax form(s), OMERS will deduct taxes after allowing the basic personal amount only.

Important Note Regarding Arrears

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.