The moving party sought summary judgment requiring a pension plan administrator to pay her a pre‑retirement death benefit under a federally regulated pension plan following the death of her former spouse.
The claim relied on a separation agreement stating that she would receive survivor benefits from the pension.
The court considered whether s. 25(4) of the Pension Benefits Standards Act permitted assignment of a pre‑retirement death benefit to a former spouse and whether the language of the parties’ separation agreement and related documents constituted an effective assignment.
Although the court held that the statute permits assignment of such benefits, it concluded the wording of the separation agreement and related direction did not clearly and unambiguously effect an assignment.
The statutory priority of the surviving spouse therefore prevailed and the death benefit was payable to the deceased member’s later spouse.
