Instructions Application for Family Law Value FSCO Family Law Form 1

Transcription

1 Instructions Application for Family Law Value FSCO Family Law Form 1 The completion of this Application Form and if applicable, FSCO Family Law Forms 2 and 3 is the first step of the process for valuing and dividing a Teachers pension upon the dissolution of your relationship. Part A Applicant Information P Identify who you are by filling in your name and checking the box that applies. You must be either a member of the Ontario Teachers Pension Plan or the married spouse/former spouse of a member. If you are the common-law spouse/former spouse of the member, you cannot use this Application Form. Part B Pension Plan Information For your convenience, fields about the pension plan have already been filled in. If you reset the form, you will need to re-enter the information. Name of Pension Plan: Ontario Teachers Pension Plan Pension Plan Registration Number: # Plan Administrator: Ontario Teachers Pension Plan Board Mailing Address of Teachers : 5650 Yonge St. Toronto, ON M2M 4H5 Telephone Number: Fax Number: Website Address: If applicable, identify your employer (e.g. school board name), union (e.g. federation name), or professional association. Page 1 of 6

2 Part C Plan Member Information You MUST complete the first section of Part C, even if you are the Plan Member s spouse/former spouse. Teachers must have this information to calculate the Family Law Value. Date of Birth Retired Plan Members do not need to provide proof of birth. Active Plan Members must submit a copy of one of the following documents as proof of birth: Birth certificate Canadian passport Ontario Driver s License Canadian citizenship papers Baptismal certificate Identification Number The Plan Member s employee or pension plan identification number is the number assigned to the Plan Member for identification purposes by Teachers or employer. The Plan Member s nine-digit identification number can usually be found in any personalized correspondence from the Ontario Teachers Pension Plan to the Plan Member. Teachers may also give you this information. If you do not know this number, you may indicate that you do not know this information. Mailing Address If you do not know the Plan Member s current mailing address, provide the contact information of the Plan Member s lawyer or someone else who can accept information for him or her. This person may be someone whom the Plan Member has authorized using the Contact Person Authorization (FSCO Family Law Form 3), a person whom the court has appointed or a person who is acting on behalf of the Plan Member under a power of attorney for property or a court order. Contact Person If the Plan Member has not authorized a lawyer or someone else to communicate with and receive information from Teachers on his or her behalf, check the box marked N/A and do not complete the contact person section of Part C. If the Plan Member has authorized a contact person, we must receive a completed Contact Person Authorization (FSCO Family Law Form 3) with the application. Check Yes to confirm a completed Contact Person Authorization (FSCO Family Law Form 3) is attached and complete the last section of Part C with the contact person s information. Disclosure Information By law, Teachers must send both the Plan Member and his or her spouse/former spouse a Statement of Family Law Value (FSCO Family Law Form 4) once a complete application has been filed and all required documents are provided. Page 2 of 6

3 Part D Spouse/Former Spouse of the Plan Member Information You MUST complete the first section of Part D, even if you are the Plan Member s spouse/former spouse. Teachers must have this information to calculate the Family Law Value. Date of Birth Retired Plan Members do not need to provide proof of birth. Active Plan Members must submit a copy of one of the following documents as proof of birth: Birth certificate Canadian passport Ontario Driver s License Canadian citizenship papers Baptismal certificate Mailing Address If you do not know the spouse s/former spouse s current mailing address, provide the contact information of the spouse s/former spouse s lawyer or someone else who can accept information for him or her. This person may be someone whom the spouse/former spouse of the Plan Member has authorized using the Contact Person Authorization (FSCO Family Law Form 3), a person whom the court has appointed or a person who is acting on behalf of the spouse/former spouse of the Plan Member under a power of attorney for property or a court order. Contact Person If the spouse/former spouse has not authorized a lawyer or someone else to communicate and receive information from Teachers on his or her behalf, check the box marked N/A and do not complete the contact person section of Part D. If the spouse/former spouse has authorized a contact person, we must receive a completed Contact Person Authorization (FSCO Family Law Form 3) with the application. Check Yes to confirm a completed Contact Person Authorization (FSCO Family Law Form 3) is attached and complete the last section of Part D with the contact person s information. Disclosure Obligation By law, Teachers must send both the Plan Member and his or her spouse/former spouse a Statement of Family Law Value (FSCO Family Law Form 4) once a complete application has been filed and all required documents provided. If the Plan Member is a retired member, indicate if the spouse/former spouse in Part D is the same person as the Plan Member s spouse on the date the Plan Member retired. Page 3 of 6

4 Part E Starting Date of Spousal Relationship (Married or Common-Law) You and your spouse/former spouse must agree on the starting date of your spousal relationship. The starting date of your spousal relationship will usually be your marriage date but it cannot be a date that is earlier than the date when you and your spouse/former spouse started living together in a common-law relationship, or later than your marriage date. You must provide proof of the starting date of your spousal relationship. The only acceptable forms of proof are: a copy of your marriage certificate; or a joint declaration signed by you and your spouse/former spouse (complete Joint Declaration of Period of Spousal Relationship (FSCO Family Law Form 2)); or a copy of a court order, family arbitration award or domestic contract. IMPORTANT: Any change to the starting date of your spousal relationship will require you to file a new application and must be accompanied by all required documents. Part F Separation Date (Family Law Valuation Date) You and your spouse/former spouse must agree on your separation date. Your separation date is the Family Law Valuation Date for purposes of Family Law Value calculations. If you and your spouse/former spouse cannot agree on your separation date, do not complete this Part F. Instead, complete a Request for Two Family Law Values, which can be found at Appendix A of this Application Form. You must provide proof of the date when you separated from your spouse/former spouse. The only acceptable forms of proof are: a joint declaration signed by you and your spouse/former spouse (complete Joint Declaration of Period of Spousal Relationship (FSCO Family Law Form 2)); or Request for Two Family Law Values, Appendix A of this Application Form; or a copy of a court order, family arbitration award or domestic contract. IMPORTANT: If the dates on the application do not match the dates in the supporting documents, your application will be considered incomplete. Teachers cannot process applications received prior to the Family Law Valuation Date(s) provided on Appendix A of this Application Form or the Joint Declaration of Spousal Relationship (FSCO Family Law Form 2). If you provide two dates in Appendix A of the Application Form for Family Law Value (FSCO Family Law Form 1), Teachers won t begin processing your application until the later of the two dates occurs. Page 4 of 6

5 Part G Documents and Fee Teachers will not provide the Family Law Value unless you provide Teachers with a complete application (FSCO Family Law Form 1) and all required documents: proof of the date of birth for you and your spouse/former spouse (retired Plan Members do not need to submit proof of the date of birth); proof of the starting date of your spousal relationship (a copy of your marriage certificate; or completed FSCO Family Law Form 2; or a copy of a court order, family arbitration award or domestic contract); proof of your separation date (Family Law Valuation Date) (completed FSCO Family Law Form 2; or Appendix A of FSCO Family Law Form 1; or a copy of a court order, family arbitration award or domestic contract); a completed Contact Person Authorization (FSCO Family Law Form 3) for you and your spouse/former spouse, if required; and a copy of a power of attorney for property or a court order, if applicable. Part H Declaration You must sign, print your name and date this Application Form in the presence of a witness who is at least 18 years of age. To verify his or her presence, your witness must sign and date this Application Form on the same date as you. Your witness must also print his or her name on this Application Form and provide his or her contact information. If you are acting on behalf of the Plan Member or the spouse/former spouse of the Plan Member under a power of attorney for property or under a court order, you may sign on his or her behalf. A contact person cannot sign the Application Form unless the contact person also has power of attorney for property, or is authorized to do so by a court order. Teachers will notify you upon receiving a complete application, including all required documents, of when to expect your Statement of Family Law Value. Please note that this statement does not create an automatic entitlement to a share of the member s pension. The Plan Member s spouse/former spouse will need to complete and send a separate application (FSCO Family Law Form 5 or FSCO Family Law Form 6 as applicable) to Teachers for their share of the member s pension, along with a final separation agreement, court order or arbitration award. Appendix A - Request for Two Family Law Values You and your spouse/former spouse must complete Appendix A if you cannot agree on your separation date (Family Law Valuation Date). You and your spouse/former spouse must sign, print your names and date this Appendix A in the presence of a witness who is at least 18 years of age. To verify his or her presence, your witness must sign and date this Appendix A on the same date as you. Your witness must also print his or her name on this Appendix A and provide his or her contact information. Page 5 of 6

6 Upon receiving a complete application including the completed Appendix A, Teachers will provide you and your spouse/former spouse with two Statements of Family Law Value (FSCO Family Law Form 4), based on the two proposed separation dates. Your application will be treated as two separate applications. Before the Family Law Value can be divided, you and your spouse/former spouse will have to confirm to Teachers which of the two proposed dates should be used as your actual separation date by providing a final separation agreement, court order or arbitration award and completing an Application to Transfer the Family Law Value (FSCO Family Law Form 5) or Application to Divide a Retired Member s Pension (FSCO Family Law Form 6), as applicable. Page 6 of 6