Pension Division Upon Relationship Breakdown
Legislation Regarding Pension Division on Relationship Breakdown
- Beginning March 1, 2019, common-law partners are permitted to submit Family Property Orders or agreements for division of their Local Authorities Pension Plan (“LAPP”), Public Service Pension Plan (“PSPP”) and Special Forces Pension Plan (“SFPP”) pension benefits.
- Division can now occur through a Family Property Order or an agreement. Please review the form of order or agreement requirements as provided or described on this website to ensure that all terms required by APS to administer the division of your order or agreement are included.
- If you are seeking a division of pension benefits as a common-law partner, you must meet the definition of “pension partner” below to be entitled to share in pension benefits.
“pension partner” means
- a person who, at the relevant time, was married to a member or former member and had not been living separate and apart from them for 3 or more consecutive years, or
- if there is no person to whom subclause (i) applies, a person who, as at and up to the relevant time, had lived with the member or former member in a conjugal relationship
- for a continuous period of at least 3 years, or
- of some permanence, if there is a child of the relationship by birth or adoption.
What you need to do:
If you require information about your or your spouse/common-law partner's pension, please provide APS with a written request as soon as possible.
Written requests must contain the following information:
- the signature of the person requesting the information;
- the full names, current addresses, and current phone numbers of both the member and the spouse/common-law partner. (Please note, a current address and phone number can be care of a lawyer);
- an estimated end date for the period of joint accrual (normally, the time the parties were married or living together). This date must be either a date prior to or the date of the request;
- if the request is from or is to go to a member's lawyer, an authorization to disclose information, signed by the member permitting APS to disclose the information to that lawyer; and
- if the request is from, or is to go to, a non-member spouse/common-law partner's lawyer, the non-member spouse/common-law partner must sign an authorization to disclose information permitting APS to disclose the information to that lawyer.
Please mail or fax your request to the APS Member Services Centre:
5103 Windermere Blvd. SW
Edmonton, AB T6W 0S9
See the following for more information: