Acts and Regulations

2011-60 - Pension Benefits Act

Full text
NEW BRUNSWICK
REGULATION 2011-60
under the
Pension Benefits Act
(O.C. 2011-291)
Filed September 29, 2011
1Section 16 of New Brunswick Regulation 91-195 under the Pension Benefits Act is amended
(a) in paragraph (1)(m) by striking out “spouse” and substituting “spouse or common-law partner”;
(b) in paragraph (3)(i) by striking out “spouse” and substituting “spouse or common-law partner”.
2 Paragraph 17(e) of the Regulation is amended
(a) in the portion preceding subparagraph (i) by striking out “spouse” and substituting “spouse or common-law partner”;
(b) by repealing subparagraph (i) and substituting the following:
(i) a proceeding respecting the division of property between a member or former member and his or her spouse or common-law partner,
(c) by repealing subparagraph (ii) and substituting the following:
(ii) the implementation of a domestic contract,
(d) in subparagraph (iii) by adding “or” at the end of the subparagraph;
(e) in subparagraph (iv) by striking out “or” at the end of the subparagraph;
(f) by repealing subparagraph (v).
3 Subsection 21(2) of the Regulation is amended
(a) in paragraph (c)
(i) in subparagraph (i) by striking out “to the owner’s spouse, unless the spouse” and substituting “to the spouse or common-law partner of the owner, unless the spouse or common-law partner”;
(ii) by repealing subparagraph (ii) and substituting the following:
(ii) if the owner has a spouse or common-law partner who has waived all rights under subparagraph (i) or if the owner does not have a spouse or common-law partner, to a beneficiary on death designated by the owner, or
(iii) by repealing subparagraph (iii) and substituting the following:
(iii) if the owner has a spouse or common-law partner who has waived all rights under subparagraph (i) or if the owner does not have a spouse or common-law partner and if the owner has not designated a beneficiary on death, to the estate of the owner;
(b) by repealing subparagraph (d)(ii) and substituting the following:
(ii) if the owner has a spouse or common-law partner, the owner delivers to the financial institution a waiver completed by the spouse or common-law partner in Form 3.01;
(c) in paragraph (g.1)
(i) in subparagraph (i) by striking out “spouse” and substituting “spouse or common-law partner”;
(ii) in subparagraph (ii) by striking out “spouse” and substituting “spouse or common-law partner”;
(iii) in subparagraph (iii) by striking out “spouse” and substituting “spouse or common-law partner”;
(d) in paragraph (p) by striking out “on marriage breakdown of the money in the account” and substituting “of the money in the account on the breakdown of a marriage or common-law partnership”.
4 Section 22 of the Regulation is amended
(a) in paragraph (1)(g) by striking out “on marriage breakdown of the money in the fund” and substituting “of the money in the fund on the breakdown of a marriage or common-law partnership”;
(b) in subsection (8) by striking out “spouse” and substituting “spouse, common-law partner”.
5Subsection 23(1) of the Regulation is amended
(a) in the portion preceding paragraph (a) by striking out “44(3) or (11) of the Act” and substituting “44(3), (7), (11) or (14) of the Act”;
(b) in paragraph (b)
(i) in subparagraph (i) by striking out “spouse” and substituting “spouse or common-law partner”;
(ii) in subparagraph (ii) by striking out “spouse” and substituting “spouse or common-law partner”;
(iii) in subparagraph (iii) by striking out “spouse” and substituting “spouse or common-law partner”;
(c) in paragraph (e) by striking out “spouse” and substituting “spouse or common-law partner”;
(d) in paragraph (g)
(i) by repealing subparagraph (i) and substituting the following:
(i) if the annuitant has a spouse or common-law partner at the time the payment of the pension under the annuity commences who has not provided to the financial institution a waiver in accordance with subsection 41(4) of the Act or has provided a revocation in accordance with subsection 41(6) of the Act, during the lives of the annuitant and the annuitant’s spouse or common-law partner in the form of a joint and survivor pension under section 41 of the Act,
(ii) by repealing subparagraph (ii) and substituting the following:
(ii) if, at the time the payment of the pension under the annuity commences, the annuitant has a spouse or common-law partner who has provided a waiver in accordance with subsection 41(4) of the Act and has not provided a revocation in accordance with subsection 41(6) of the Act, during the life of the annuitant, or
(iii) by adding after subparagraph (ii) the following:
(iii) if, at the time the payment of the pension under the annuity commences, the annuitant does not have a spouse or common-law partner, during the life of the annuitant,
(e) by repealing subparagraph (i)(ii) and substituting the following:
(ii) if the annuitant has a spouse or common-law partner, the annuitant delivers to the financial institution a waiver completed by the spouse or common-law partner in Form 3.01,
(f) in paragraph (j) by striking out “a marriage breakdown” and substituting “the breakdown of a marriage or common-law partnership”;
(g) in paragraph (k) by striking out “on marriage breakdown of the money in the annuity” and substituting “of the money in the annuity on the breakdown of a marriage or common-law partnership”.
6Subsection 25.31(3) of the Regulation is amended by striking out “spouse” and substituting “spouse or common-law partner”.
7Paragraph 25.4(1)(b) of the Regulation is repealed and the following is substituted:
(b) if the member has a spouse or common-law partner, the member delivers to the administrator a waiver completed by the spouse or common-law partner in Form 3.01.
8Section 26.1 of the Regulation is amended
(a) in subsection (1) by striking out “subsection 43(1) or (2)” and substituting “subsection 43.1(1) or (2)”;
(b) in subsection (2) by striking out “subsections 43(1) and (2)” and substituting “subsections 43.1(1) and (2)”;
(c) in subsection (3)
(i) in paragraph (a) by striking out “subsection 43(1) or (2)” and substituting “subsection 43.1(1) or (2)”;
(ii) by repealing paragraph (b) and substituting the following:
(b) a spouse or common-law partner who would have been entitled to a payment under subsection 43.1(1) or (2) of the Act if the exemption were not applicable, shall be immediately entitled to payment of the deceased member’s or deceased former member’s contributions with interest.
9The heading “MARRIAGE BREAKDOWN” preceding section 27 of the Regulation is repealed and the following is substituted:
BREAKDOWN OF A MARRIAGE OR
COMMON-LAW PARTNERSHIP
10Section 27 of the Regulation is repealed and the following is substituted:
27(1)Subject to subsections (2) and (3), for the purposes of the division of benefits or the commuted value of benefits under sections 28 to 34, the date of marriage of two spouses shall be
(a) if they are married to each other, the date on which they were married;
(b) if they are married to each other by a marriage that is voidable and has not been avoided by a declaration of nullity, the date on which they were married; or
(c) if they have gone through a form of marriage with each other in good faith that is void and have cohabited within the preceding year, the date on which they went through a form of marriage.
27(2)If, by reason of the operation of subsection (1), more than one date could be the date of marriage of two spouses, the date of marriage shall be deemed to be the earlier or earliest of those dates.
27(3)If the spouse of a member or former member was cohabiting in a conjugal relationship with the member or former member immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.
27(4)For the purpose of the division of benefits or calculation of the commuted value of benefits under sections 28 to 34, the date of common-law partnership of a member or former member and his or her common-law partner is the date on which they commenced to cohabit with each other in accordance with paragraph (b) of the definition “common-law partner” in subsection 1(1) of the Act.
11Subsection 28(2) of the Regulation is amended
(a) in the portion preceding the formula by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;
(b) in the explanation of “p” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;
(c) in the explanation of “a” in the formula by adding “or between the date of common-law partnership and the date of the breakdown of the common-law partnership, inclusive,” after “between the date of marriage and the date of marriage breakdown, inclusive,”.
12Section 29 of the Regulation is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;
(ii) in the portion following paragraph (b) by striking out “marriage breakdown” and substituting “the breakdown of the marriage or common-law partnership”;
(b) in subsection (2)
(i) by striking out the portion preceding paragraph (a) and substituting the following:
29(2)If the commuted value of the benefit of a member that is a deferred pension under a defined benefit plan is to be divided on the breakdown of a marriage or common-law partnership under section 44 of the Act, the commuted value of the benefit shall be determined as though the member had terminated employment on the date of the breakdown of the marriage or common-law partnership and shall be the total of
(ii) in paragraph (a)
(A) in subparagraph (ii) by striking out “marriage breakdown” and substituting “the breakdown of the marriage or common-law partnership”;
(B) by adding after subparagraph (iii.3) the following:
(iii.4) when the breakdown of a common-law partnership occurs on or after the commencement of this subparagraph, the actuarial assumptions contained in section 3800 of the Standards of Practice - Practice Specific Standards for Pension Plans adopted by the Canadian Institute of Actuaries and effective on April 1, 2009, to the extent that they are consistent with the Act and the regulations,
(c) in subsection (3)
(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;
(ii) in paragraph (a)
(A) in subparagraph (i) by striking out “marriage breakdown” and substituting “the breakdown of the marriage or common-law partnership”;
(B) by adding after subparagraph (ii.3) the following:
(ii.4) when the breakdown of a common-law partnership occurs on or after the commencement of this subparagraph, the actuarial assumptions contained in section 3800 of the Standards of Practice - Practice Specific Standards for Pension Plans adopted by the Canadian Institute of Actuaries and effective on April 1, 2009, to the extent that they are consistent with the Act and the regulations,
13Section 30 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
30(1)The following definitions apply in sections 30 to 34.
“common-law partner’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or former member calculated under section 28 to which the common-law partner of the member or former member is entitled on the breakdown of their common-law partnership under a domestic contract or a decree, order or judgment of a competent tribunal.(allocation du conjoint de fait)
“spouse’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or a former member calculated under section 28 to which the spouse of the member or former member is entitled on marriage breakdown under a domestic contract or a decree, order or judgment of a competent tribunal.(allocation du conjoint)
(b) by adding after subsection (2) the following:
30(2.1)If the benefit or the commuted value of the benefit of a member or a former member under a defined contribution plan or the contributions with interest made by a member who would not be entitled to a deferred pension are divided under section 44 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(b) from the date of the breakdown of the common-law partnership to the date on which the common-law partner’s portion is credited to the common-law partner under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, both dates inclusive.
(c) by adding after subsection (3) the following:
30(4)Subject to subsection 43(8), if the commuted value of the deferred pension of a member or a former member under a defined benefit plan is divided under section 44 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate set out in paragraph 43(1)(a) from the date of the breakdown of the common-law partnership to the date on which the common-law partner’s portion is credited to the common-law partner under the pension plan or is transferred or used for a purchase under section 36 or 44 of the Act, both dates inclusive.
14Section 31 of the Regulation is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by striking out “the spouse’s portion” and substituting “the spouse’s portion or the common-law partner’s portion”;
(ii) by repealing paragraph (a) and substituting the following:
(a) if the spouse or common-law partner is a member of the same plan, is credited to the spouse or common-law partner under the pension plan, or
(iii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;
(b) in subsection (2)
(i) in the explanation of “e” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;
(ii) in the explanation of “r” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;
(iii) in the explanation of “s” in the formula by striking out “the spouse’s portion” and substituting “the spouse’s portion or the common-law partner’s portion”;
(c) in subsection (3)
(i) in the explanation of “m” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;
(ii) in the explanation of “r” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;
(iii) in the explanation of “s” in the formula by striking out “the spouse’s portion” and substituting “the spouse’s portion or the common-law partner’s portion”;
(d) in subsection (4)
(i) in the portion preceding paragraph (a) by striking out “the spouse’s portion as of the date on which the spouse’s portion” and substituting “the spouse’s portion as of the date on which the spouse’s portion or the common-law partner’s portion as of the date on which the common-law partner’s portion”;
(ii) by repealing paragraph (a) and substituting the following:
(a) if the spouse or common-law partner is a member of the same plan, is credited to the spouse or common-law partner under the plan, or
(iii) in paragraph (b)
(A) in the portion preceding subparagraph (i) by striking out “spouse” and substituting “spouse or common-law partner”;
(B) in subparagraph (ii) by striking out “spouse” and substituting “spouse or common-law partner”;
(e) in subsection (5) by striking out “to which the member’s spouse is entitled on the date of marriage breakdown, including any escalated adjustment, between the date of marriage breakdown and the date of termination of employment, retirement or cessation of membership, calculated in accordance with the formula provided under the plan on the date of marriage breakdown” and substituting “to which the member’s spouse or common-law partner is entitled on the date of the breakdown of the marriage or common-law partnership, including any escalated adjustment, between the date of the breakdown of the marriage or common-law partnership and the date of termination of employment, retirement or cessation of membership, calculated in accordance with the formula provided under the plan on the date of the breakdown of the marriage or common-law partnership”;
(f) by repealing subsection (6) and substituting the following:
31(6)If the commuted value of the benefit of a member under a defined benefit plan referred to in subsection 29(2) is divided under section 44 of the Act and the member’s spouse or common-law partner is a member of the same plan, the pension or deferred pension to which the member’s spouse or common-law partner is entitled on termination of employment, on retirement or on cessation of membership shall be revalued so that it represents the pension or deferred pension to which the member’s spouse or common-law partner would have been entitled at that time had the division not been made, plus the portion of the deferred pension to which the member’s spouse or common-law partner is entitled on the date of the breakdown of the marriage or common-law partnership, including any escalated adjustment, between the date of the breakdown of the marriage or common-law partnership and the date of termination of employment, retirement or cessation of membership, calculated in accordance with the formula provided under the plan on the date of the breakdown of the marriage or common-law partnership.
(g) in subsection (8)
(i) by repealing paragraph (a) and substituting the following:
(a) if the survivor benefits under the plan are not dependent on the former member’s having a spouse or common-law partner, by deducting the amount of the pension or deferred pension to which the former member’s spouse or common-law partner is entitled from the amount of the pension or deferred pension to which the former member was entitled before the division, or
(ii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;
(h) in subsection (9) by striking out “marriage breakdown” and substituting “the breakdown of the marriage or common-law partnership”;
(i) in subsection (10)
(i) in the explanation of “a” in the formula by adding “or between the date of common-law partnership and the date of the breakdown of the common-law partnership, inclusive,” after “between the date of marriage and the date of marriage breakdown, inclusive,”;
(ii) in the explanation of “p” in the formula by striking out “the spouse’s portion” and substituting “the spouse’s portion or the common-law partner’s portion”;
(j) by repealing subsection (11) and substituting the following:
31(11)Despite any provision of the Act or this Regulation, if pension benefits have been paid to a former member or his or her beneficiary after the breakdown of the marriage or common-law partnership but before revaluation in accordance with subsection (5) or (8), the pension fund shall not be liable to the former member’s spouse or common-law partner for the spouse’s portion or the common-law partner’s portion of the benefits paid between the breakdown of the marriage or common-law partnership and revaluation.
(k) by repealing subsection (12) and substituting the following:
31(12)If pension benefits have been paid in the circumstances set out in subsection (11), a domestic contract or a decree, order or judgment of a competent tribunal may direct the administrator of a pension plan to deduct from any future benefit payments to the former member or his or her beneficiary an amount equivalent to the spouse’s portion or the common-law partner’s portion, as the case may be, of the benefits so paid and to pay that amount to the former member’s spouse or common-law partner, subject to the provisions of the Income Tax Act (Canada).
15Subsection 32(1) of the Regulation is amended
(a) in the portion preceding paragraph (a) by striking out “member’s or former member’s spouse, would be insufficient to fulfill the spouse’s entitlement” and substituting “member’s or former member’s spouse or common-law partner, would be insufficient to fulfill the entitlement of the spouse or common-law partner”;
(b) by repealing paragraph (a) and substituting the following:
(a) the member or former member shall pay the spouse or common-law partner an amount equal to the spouse’s portion or the common-law partner’s portion, or
(c) by repealing paragraph (b) and substituting the following:
(b) if agreed to in writing by the member or former member and the spouse or common-law partner or if so ordered by a competent tribunal, the actual periodic pension shall be divided in accordance with the applicable domestic contract or decree, order or judgment of the tribunal, as the case may be, and the portion of the pension payable to the spouse or common-law partner shall be subject to the terms and conditions of the annuity contract.
16Section 33 of the Regulation is amended by striking out the portion preceding paragraph (a) and substituting the following:
33If a member’s or a former member’s benefit under a pension plan is to be divided under section 44 of the Act, the administrator shall, at no charge and on written request, provide the member or former member or his or her spouse or common-law partner with a written statement, setting out
17Section 34 of the Regulation is repealed and the following is substituted:
34Subject to subsection 44(15) and section 45 of the Act, subsections 19(1) to (3) and (5) to (13.3) apply with the necessary modifications to a spouse’s portion or a common-law partner’s portion if it is dealt with in accordance with section 36 or under subsection 44(3), (7), (11) or (14) of the Act.
18Subparagraph 43(11)(b)(ii) of the Regulation is amended by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.
19Section 44 of the Regulation is amended
(a) in paragraph (2)(g)
(i) in subparagraph (iv) by striking out “spouse” and substituting “spouse or common-law partner”;
(ii) in subparagraph (v) by striking out “spouse” and substituting “spouse or common-law partner”;
(b) in subsection (14)
(i) in paragraph (f) by striking out “spouse” and substituting “spouse, common-law partner”;
(ii) in paragraph (g)
(A) in subparagraph (i) by striking out “spouse” and substituting “spouse, common-law partner”;
(B) in subparagraph (ii) by striking out “spouse” and substituting “spouse, common-law partner”;
(c) by repealing subsection (15) and substituting the following:
44(15)Despite subsection (14), the assets of a pension fund may be loaned to an employee of the employer or to the spouse, common-law partner or child of the employee on the security of a mortgage on residential property of the employee, spouse, common-law partner or child if the mortgage is guaranteed or insured by or through an agency of the Government of Canada or a province or territory of Canada or insured by a policy of mortgage insurance issued by an insurance company authorized to carry on business in Canada.
20Section 46.2 of the Regulation is amended by striking out “A spousal waiver” and substituting “A waiver of a spouse or common-law partner”.
21Form 3.01 of the Regulation is amended
(a) by repealing the heading “SPOUSAL WAIVER (REDUCED LIFE EXPECTANCY) - LIRA, LIF, ANNUITY” and substituting the following:
WAIVER BY SPOUSE OR COMMON-LAW PARTNER (REDUCED LIFE EXPECTANCY) - LIRA, LIF, ANNUITY
(b) by striking out “am the spouse of” and substituting “am the *spouse/*common-law partner of”;
(c) in the portion following “I understand that as a result of my signing the waiver”
(i) in paragraph (a) by striking out “spouse’s benefit should my spouse” and substituting “*spouse’s benefit/*common-law partner’s benefit should my *spouse/*common-law partner”;
(ii) in paragraph (b) by striking out “spouse” and substituting “*spouse/*common-law partner”;
(iii) in paragraph (c) by striking out “spouse” and substituting “*spouse/*common-law partner”;
(d) in the portion following “NOTE:” in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”.
22Form 3.02 of the Regulation is amended
(a) by repealing the heading “SPOUSAL WAIVER (GENERAL) - LIRA, LIF, ANNUITY” and substituting the following:
WAIVER BY SPOUSE OR COMMON-LAW PARTNER (GENERAL) - LIRA, LIF, ANNUITY
(b) by striking out “am the spouse of” and substituting “am the *spouse/*common-law partner of”;
(c) by striking out “*THIS WAIVER MUST BE TAKEN BY A NOTARY PUBLIC IF DECLARED OUTSIDE NEW BRUNSWICK.” and substituting “*DELETE INAPPLICABLE PORTIONS. THIS WAIVER MUST BE TAKEN BY A NOTARY PUBLIC IF DECLARED OUTSIDE NEW BRUNSWICK.”;
(d) in the portion following “NOTE:” in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”.
23Form 3.3 of the Regulation is amended
(a) by striking out “that I (do / do not) have a spouse” and substituting “that (I do/do not)* have a spouse or common-law partner”;
(b) in the portion following “NOTE:”
(i) in paragraph (a) by striking out “Superintendent of New Brunswick” and substituting “Superintendent of Pensions of New Brunswick”;
(ii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”.
24Form 3.4 of the Regulation is amended
(a) by repealing the heading “SPOUSAL CONSENT TO TRANSFER FROM LIF TO RRIF” and substituting the following:
CONSENT OF SPOUSE OR COMMON-LAW PARTNER TO TRANSFER FROM LIF TO RRIF
(b) by striking out “the spouse of” and substituting “the *spouse/*common-law partner of”.
25 Form 3.5 of the Regulation is amended
(a) by repealing the heading “SPOUSAL WAIVER” and substituting the following:
WAIVER OF SPOUSE OR COMMON-LAW PARTNER
(b) by striking out “am the spouse of” and substituting “am the *spouse/*common-law partner of”;
(c) in the portion following “I understand that as a result of my signing this waiver”
(i) in paragraph (a) by striking out “spouse’s benefit should my spouse” and substituting “*spouse’s benefit/*common-law partner’s benefit should my *spouse/*common-law partner”;
(ii) in paragraph (b) by striking out “spouse” and substituting “*spouse/*common-law partner”;
(iii) in paragraph (c) by striking out “spouse” and substituting “*spouse/*common-law partner”;
(d) in the portion following “NOTE:” in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”.
26 Form 3.6 of the Regulation is amended
(a) by striking out “Name of Spouse of Owner (if applicable)” and substituting “Name of Spouse or Common-law Partner of Owner (if applicable)”;
(b) in the portion following “NOTE:” in paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”.
27 Form 3.7 of the Regulation is amended
(a) by repealing the heading “SPOUSAL CONSENT TO WITHDRAW FROM A PENSION FUND OR A LOCKED-IN RETIREMENT ACCOUNT (LIRA)” and substituting the following:
CONSENT OF SPOUSE OR COMMON-LAW PARTNER TO WITHDRAW FROM A PENSION FUND OR A LOCKED-IN RETIREMENT ACCOUNT (LIRA)
(b) by striking out “the spouse of” and substituting “the *spouse/*common-law partner of”.
28 Form 4.1 of the Regulation is amended
(a) in the portion following “I ______________, being the member described in the request, certify that” in paragraph (d) by striking out “spouse” and substituting “spouse or common-law partner”;
(b) in the portion following “NOTE:” in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”.
29 Form 4.2 of the Regulation is amended
(a) by repealing the heading “SPOUSAL CONSENT TO TRANSFER FROM A PENSION PLAN TO AN RRIF” and substituting the following:
CONSENT BY SPOUSE OR COMMON-LAW PARTNER TO TRANSFER FROM A PENSION PLAN TO AN RRIF
(b) by striking out “the spouse of _______________, whose pension benefits are to be partially transferred to a RRIF” and substituting “the *spouse/*common-law partner of ______________, whose pension benefits are to be partially transferred to an RRIF”.
30 Form 5 of the Regulation is amended
(a) by striking out “(Describe the spouse’s entitlement to the pension, including the periodic amount the entitlement would be if this waiver were not signed.)” and substituting “(Describe the entitlement of the spouse or common-law partner to the pension, including the periodic amount the entitlement would be if this waiver were not signed.)”;
(b) by striking out “name of person’s spouse ("the spouse”)” and substituting “name of person’s *spouse/*common-law partner (*“the spouse” /*“the common-law partner”);
(c) by repealing the heading “Statement of Spouse Signing Waiver:” and substituting the following:
Statement of Spouse or Common-law Partner Signing Waiver
(d) in the portion following the heading “Statement of Spouse or Common-law Partner Signing Waiver:”
(i) in paragraph (a) by striking out “my husband’s (or wife’s) benefit should my husband (or wife)” and substituting “my *spouse’s benefit/*common-law partner’s benefit should my *spouse/*common-law partner”;
(ii) in paragraph (b) by striking out “my husband (or wife)” and substituting “my *spouse/*common-law partner”;
(iii) in paragraph (c) by striking out “my husband’s (or wife’s)” and substituting “my *spouse’s/*common-law partner’s”;
(e) in the portion following “NOTE:”
(i) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;
(ii) in paragraph (c) by striking out “spouse with benefits that are at least as favourable to the spouse” and substituting “spouse or common-law partner with benefits that are at least as favourable to the spouse or common-law partner”;
(iii) in the portion following paragraph (d) by striking out “spouse” and substituting “*spouse/*common-law partner”.
31Form 6 of the Regulation is amended
(a) by striking out “by both of us on the ____ day of ________________, 19___” and substituting “by both of us on the ____day of ___________, 20___”;
(b) by striking out “Dated the ____day of ________, 19___” and substituting “Dated the____day of ___________, 20___”;
(c) by striking out “signature of the spouse” and substituting “signature of spouse or common-law partner”.
32This Regulation comes into force on October 1, 2011.