Section 1(1), definitions of "defined contribution account", "former Act", "plan text document" and "proportionate share" BEFORE repealed by BC Reg 70/2015, effective September 30, 2015.
"defined contribution account", in relation to a plan, means,
(a) in the case of a member of the plan, the money referred to in paragraphs (a) to (c) of the definition of "defined contribution provision" in section 110 of the Act, or
(b) in the case of a limited member of the plan, the money administered for him or her under section 114 (2) (b) of the Act;
"former Act" means the Family Relations Act, R.S.B.C. 1996, c. 128;
"plan text document", in relation to a plan, means the document that sets out the rights, obligations and entitlements under the plan;
, when used in relation to a reference in the Act to a proportionate share, includes a reference in the Act to a portion;
Section 1 (1), definition of "superintendent" BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
"superintendent" means the person appointed as the Superintendent of Pensions under section 2 of the Pension Benefits Standards Act, or, if the plan is registered outside of British Columbia, the person in the jurisdiction in which the plan is registered whose role in that jurisdiction is similar to the role of the Superintendent of Pensions in British Columbia.
Section 1 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) A reference in this regulation to the spouse includes, if the spouse is a limited member of the plan, a reference to the spouse as limited member, and a reference in this regulation to the limited member is a reference to the spouse in his or her capacity as limited member only.
Section 4 (1) (b) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(b) notice referred to in section 112 (5), 113 (2), 114 (2) (b), 116 (2) as that section relates to a defined benefit provision, 117 (2), 119 (2), 121 (2) or 122 (2) of the Act must be given in Form P2 (Request for Designation as Limited Member),
Section 9 (1) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) any direction given to the administrator by the member with respect to the benefits, including an election by the member to have his or her pension commence and a change in a beneficiary designation.
Section 11 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) After the limited member is in receipt of a separate pension or begins to have his or her proportionate share of the benefits administered in a defined contribution account for the limited member in the plan under section 114 (2) (b) of the Act, the only information the limited member is entitled to receive from the administrator is information relating to the separate pension or the limited member's defined contribution account.
Section 13 (1) (b) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(b) the identity of any beneficiary nominated by the member other than the spouse.
Section 14 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Administrator to provide equal rights to spouse
14 If, under the plan text document of the plan, a member may, with the consent of the administrator, have his or her benefits valued, calculated or provided in a particular way or exercise or obtain certain rights in relation to the member's benefits, the limited member may also seek that consent in relation to his or her proportionate share of those benefits and the administrator must not withhold consent in response to the limited member's request for that consent unless consent would have been withheld had the member applied for that consent.
Section 16 (b) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(b) if the spouse has filed a Form P3 in which he or she elected to have a portion of the member's defined contribution account transferred from the plan to the credit of the spouse, the administrator must effect that transfer,
Section 16 (b), (c) and (d) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) if the spouse has filed a Form P3 in which the spouse requested to have his or her proportionate share of the member's defined contribution account transferred from the plan to the credit of the spouse, the administrator must effect that transfer,
(c) if the limited member has filed a Form P4 in which he or she elected to receive his or her proportionate share of the benefits by a separate pension, the limited member's separate pension must commence, or
(d) if the limited member has filed a Form P4 in which he or she elected to have the limited member's proportionate share of the commuted value of the benefits transferred from the plan to the credit of the limited member, the administrator must effect that transfer.
Section 17 (1) (b) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(b) benefits under a defined benefit provision before pension commencement or the commuted value of those benefits;
Section 19 (part) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
Phased retirement period and recalculation of proportionate share
19 If the member accumulates additional pensionable service after the calculation of the limited member's proportionate share of a phased retirement benefit under section 115 (5) of the Act or the calculation of the spouse's proportionate share of benefits paid under section 117 (2) of the Act, the proportionate share must, whenever any of the following occurs, be recalculated to take into account the additional pensionable service accumulated by the member:
Section 21 (1) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(1) This section applies if the member's benefits under a defined benefit provision are divided under Part 6 of the Act.
Section 23 (2) (a) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(a) the limited member is entitled under Part 6 of the Act to a proportionate share of the benefits under a defined benefit provision, and
Section 23 (3) (a) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(a) when calculating the separate pension payable to the limited member for the purposes of section 115 (2) (a), 119 (3) (d) or 121 (3) of the Act, be calculated as at a date not earlier than the end of the month immediately preceding the commencement date of the separate pension,
Section 24 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) the separate pension must be calculated on the basis of his or her proportionate share of the commuted value of the benefits as calculated under section 23, and
Section 24 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) If, in a situation referred to in section 124 (2) of the Act, the member was eligible at the date of his or her death to have his or her pension commence, the limited member may elect to receive the limited member's proportionate share of the commuted value of the benefits by a separate pension.
Section 26 BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
Transfer from plan to locked in retirement plan
26 If the Act requires or authorizes an administrator of a plan to transfer from the plan an amount to the credit of the spouse, the transfer must be made in accordance with the provisions of the Pension Benefits Standards Act that would have applied had the transfer been made to the credit of the member.
Section 27 (3) (b) BEFORE amended by BC Reg 70/2015, effective September 30, 2015.
(b) the possibility that the member's pension may commence at a date that is earlier or later than the date at which he or she reaches the age at which a member is normally eligible to begin receiving a pension under the plan text document without reduction or increase to the pension;
Section 29 (3) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) if the limited member makes an election in accordance with paragraph (b), the limited member is entitled to receive his or her share of benefits in accordance with that election and the former Act and the former regulation applies;
