The Superintendent of Financial Services proposed an order requiring the Ontario Teachers' Pension Plan Board to pay a member's pension as a joint and survivor pension.
The member and his spouse separated shortly after his retirement but before the first pension payment was made.
The Board requested a hearing, arguing the spouses were living separate and apart on the date the first instalment was due, triggering an exception under the Pension Benefits Act.
The Financial Services Tribunal agreed with the Board, finding that the due date for the first instalment was at the end of the month, by which time the spouses had separated.
The Tribunal directed the Superintendent to refrain from carrying out the proposed order.
