Applicable fees
Fees for the partition and the issuance of the Statement of Benefits
The fees for the partition and the issuance of the Statement of Benefits are administration costs. They are assumed by the pension fund, unless the plan text provides otherwise.
For the payment to be required from the spouses, the plan text must provide for it. This rule applies even where the administrator issues a Statement that it is not required to issue under the Supplemental Pension Plans Act.
Division of fees between spouses
The administrator cannot charge fees to the member only or to the former spouse only.
Fees must be charged to both spouses, in equal portions. However, the spouses may agree to pay unequal portions.
Maximum fees
There is a maximum fee that can be charged to spouses.
Issuance of the Statement of Benefits
| Pension plan | Maximum |
|---|
| Defined-contribution plan | $150 |
| Plan including both a defined-contribution component and a defined-benefit component | $325 |
| Other plan | $250 |
Carrying out partition
| Pension plan | Maximum |
|---|
| Defined-contribution plan | $100 |
| Plan including both a defined-contribution component and a defined-benefit component | $200 |
| Other plan | $150 |
These fees are the maximum fees that can be charged to the spouses. They do not apply to fees charged to the administrator by an actuary. For example, the fees for a Statement of Benefits in a defined-benefit plan, a maximum amount of $125 can be claimed from each spouse.
If married or civilly united spouses apply for a first Statement showing the value of benefits at the end of the conjugal relationship, in the course of mediation and a second Statement showing the value of benefits as at the date of institution of an action, the limit applies once again for the second Statement. The same is true if the values at these 2 dates are indicated on the same Statement.
Compensation
Fees payable by the spouses can be paid by compensation, that is, by reducing the fees of the person who owes them by an equivalent amount. However, the spouses must always be asked first to pay the fees in some other manner.
The administrator can pay the fees by means of a compensation only if the spouse's benefits are allocated to the administrator at the time of partition.
Refusal to pay
The administrator cannot refuse to issue the Statement under the Supplemental Pension Plans Act or to carry out the partition because the spouses refuse to pay the fees. The payment of fees is not a condition that must be met to obtain a Statement or partition. Therefore, an administrator may not in any case refuse to act for the sole reason that the applicable fees have not been paid.
Application of the rules
Most of the rules above apply only to the partition and Statements that must be issued under the Supplemental Pension Plans Act.
When an administrator issues a Statement that does not have to be issued under the Supplemental Pension Plans Act, for example in the case of married spouses who are not in family mediation and who have not instituted an action for divorce, separation from bed and board or civil annulment of marriage, higher fees can be charged and can be charged to only one of the spouses.
In the event of a refusal to pay, the administrator cannot compensate himself or herself by reducing the benefits of the member or the member's spouse (compensation), but the administrator can refuse to issue the Statement.
With respect to partition, when the Act does not give the spouses the right to partition, the administrator cannot decide to carry out partition since the member's benefits are unassignable.
Legal references