MODEL SPOUSAL WAIVER OF SURVIVOR
BENEFITS
PROBLEM: Determining who’s entitled to pension plan survivor benefits of a dead plan
member (or former member) is complicated. Regardless of who plan members designate
as their beneficiary, you must figure out whether a spouse exists (either actual or at
common law) and if so, whether that spouse is entitled to first priority of the member’s
benefits.
HOW TOOL HELPS SOLVE THE PROBLEM: Here’s a form you can give to plan
members who want to name someone other than their spouse as a designated beneficiary
of their pension plan benefits. Adapt the form to meet the needs of your company and
make sure the member’s spouse (common-law or actual) completes and signs it properly.
This form was drafted to comply with the law in BC. You’ll need to tailor it to meet the
requirements of your jurisdiction. Be sure to have your lawyer approve your form before
you use it.
SPOUSE’S WAIVER OF SURVIVOR BENEFITS
1. I, ______________________, certify that I am the "spouse" of
____________________,
Name of Spouse
Name of
Employee
who is a member or former member of the ABC Company Pension Plan, regulated by
the Pension Benefits Standards Act of British Columbia.
2. Being the "spouse" of the member or former member means that (check one):
 I am married to the member or former member, and have not been living separate
and apart from that person for the preceding two years,
 I have been living with the member, or former member, as husband and wife, for
the preceding two years, or
 I am the same gender as, and have been living with, the member or former
member in a marriage-like relationship for the preceding two years.
3. I understand that the Pension Benefits Standards Act requires that the benefits earned
by a member or former member under a pension plan must be paid as at least a 60%
joint and survivor pension. This means that if my spouse dies after the payments start,
it is my entitlement to receive lifetime payments of at least 60% of the amount paid to
my spouse unless I waive my entitlements.
4. I understand that if I sign this waiver form and it is filed with the plan administrator, I
waive my entitlements to the minimum 60% joint and survivor pension. I further
understand that signing this form means (check one):
 (a)
if a pension is to be paid, my spouse may elect a pension that:
(i)
gives me a different survivor benefit, or
(ii)
gives me no survivor benefit at all, or
1
 (b)
if the pension is to be cashed out because the person who owns the
entitlement is age 65 or older and that person’s total entitlements are less
than the prescribed amount:
(i)
payment will be made to my spouse as a cash lump sum or as a
series of payments for a fixed period, and
(ii)
this may give me no survivor benefit at all.
5. I certify that I am waiving my entitlements to receive the survivor benefit or a lump
sum payment as the designated beneficiary and that:
(a) I have read this form and understand it,
(b) I have reviewed the information provided to my spouse by the plan
administrator,
(c) neither my spouse nor anyone else has put any pressure on me to sign this form,
(d) my spouse is not present while I am signing this form,
(e) I realize that
(i) this form only gives a general description of the legal rights that I have under
the Pension Benefits Standards Act and the regulations, and
(ii) if I wish to understand exactly what my legal rights are I must read the
Pension Benefits Standards Act and regulations, and/or seek legal advice,
and
(f) I realize that I am entitled to a copy of this form.
Name:
Address:
Phone Number:
Signature:
Date:
STATEMENT OF WITNESS
I certify that
(a) My full name is
(b) My address is
(c) I witnessed this spouse sign this waiver form in absence of his or her spouse.
Signature:
Date:
Phone Number: ________________________________________________________________
[Sidebar 3: KNOW THE LAWS OF YOUR PROVINCE]
WHO’S A ‘SPOUSE’?
Here’s how pension laws define “spouse” with respect to general industry private pension
plans only. (The definition may vary under public service plans or industry-specific
plans.)
FEDERAL: “Spouse” is a person who: (a) Has been living with the plan member in a
conjugal relationship for at least one year; or, (b) If no such person exists, is married to
the plan member or is party to a void marriage with the plan member (Pension Benefits
Division Act, Section 2).
2
ALBERTA: “Spouse” is a person of the opposite sex who: (a) Is married to the plan
member and has not been living apart from the plan member for more than 3 consecutive
years; or, (b) If no such person exists, has been living with the plan member in a conjugal
relationship (i) for the last 3 years, or (ii) of some permanence, if there is a child of the
relationship by birth or adoption (Employment Pension Plans Act, Section 1(1)).
BRITISH COLUMBIA: “Spouse” is a person who: (a) Is married to the plan member
and has not been living separate and apart from the plan member for the preceding 2
years; or (b) Is not married to the plan member but has been living with the plan member
as husband and wife for the preceding 2 years; or (c) Is the same gender as, and has been
living with, the plan member in a marriage-like relationship for the preceding 2 years
(Pension Benefits Standards Act, Section 1).
MANITOBA: “Spouse” is the person who: (a) Is married to the plan member; or (b) If
not married, has been living with the plan member in a conjugal relationship for (i) the
previous 3 years if either of the parties is married, or (ii) the previous year if neither party
is married (Pension Benefits Act, Section 1(1)).
NEW BRUNSWICK: “Spouse” is a person who: (a) Is married to the plan member; (b)
Is married to the plan member by a marriage that is voidable and has not been annulled;
(c) Has gone through a form of marriage in good faith that is void and has lived with the
plan member within the last 12 months; (d) Without being married to the plan member,
has cohabited with the plan member in a conjugal relationship continuously for at least
the 2 previous years, provided that either party has been substantially dependent on the
other for support; or (e) Without being married to the plan member, has lived with the
plan member in a relationship of some permanence during the last year, if both parties are
the natural parents of a child together (Pension Benefits Act, Section 1(1)).
NEWFOUNDLAND/LABRADOR: “Spouse” is the person who: (a) While not the
member’s spouse, has lived with the member in a conjugal relationship continuing for (i)
3 years if the member has a spouse, or (ii) one year if the member does not have a spouse;
(b) If there is no cohabitating partner, is married to the plan member; (c) Is married to the
plan member by a marriage that is voidable and has not been annulled; or (d) Has gone
through a form of marriage in good faith that is void and has lived with the plan member
within the last 12 months (Pension Benefits Act, Section 2).
NORTHWEST TERRITORIES/NUNAVUT: Follow the federal definition of
“spouse” described above.
NOVA SCOTIA: “Spouse” is the person who: (a) Is married to the plan member; (b) Is
married to the plan member by a voidable marriage that has not been annulled; (c) Has, in
good faith, gone through a form of marriage with the plan member that is void and is
living with the plan member or, if they no longer live together, have lived together within
the last 12 months; or (d) Has lived with the plan member as husband and wife for the
previous two years, provided that neither party is married to another person (Pension
Benefits Act, Section 2).
3
ONTARIO: “Spouse” is the person who: (a) Is married and living with the plan member;
or (b) Is not married to but has been living with the plan member (i) in a conjugal
relationship continuously for at least 3 years, or (ii) in a conjugal relationship of some
permanence if they are both natural or adoptive parents of a child (Pension Benefits Act,
Section 1(1)).
PRINCE EDWARD ISLAND: “Spouse” is the person who: (a) Is married to the plan
member; (b) Is married to the plan member by a voidable marriage that has not been
annulled; (c) Has, in good faith, gone through a form of marriage with the plan member
that is void and is living with the plan member or, if they no longer live together, have
lived together within the last 12 months; or (d) Has lived with the plan member as
husband and wife for the previous 3 years, provided that neither party is married to
another person (Pension Benefits Act, Section 2).
QUÉBEC: “Spouse” is the person who: (a) Is married to or in a civil union with the plan
member; (b) Is not married to the plan member but has been living in a conjugal
relationship with the plan member for (i) not less than 3 years, or (ii) not less than one
year if at least one child is or is to be born of the union or both parties have jointly
adopted a child or either party has adopted at least one child of the other; however a
spouse who is legally separated from bed and board loses his or her entitlement to a death
benefit (Supplemental Pension Plans Act, Section 85).
SASKATCHEWAN: “Spouse” is the person who: (a) Is married to the plan member; or
(b) Is not married to the plan member but has lived with the plan member as a spouse for
at least one year (Pension Benefits Act, Section 2).
YUKON: Follows the federal definition of “spouse” described above.
4