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ARTICLE · 30 NOVEMBER 2018

Unknown Unknowns: Pension Rights And Estate Planning

While it is less common these days for employment benefits to include a pension, many individuals still do have either a pension (not including the Canada Pension Plan,

CanadaFamily and Matrimonial

While it is less common these days for employment benefits to include a pension, many individuals still do have either a pension (not including the Canada Pension Plan, which is subject to its own rules and which is not the subject of this blog) or a locked-in retirement account (LIRA) which was created from former pension funds. While these funds, particularly LIRAs, tend to be thought of as if they are RRSPs or RRIFs, it is important to remember that the rights associated with them, including the right to designate a beneficiary, are not always the same.

In Canada, pensions rights under provincial and territorial jurisdiction are governed by fairly rigid statutory rules. Under Ontario pension legislation, surviving spouses generally have the right to receive either a survivor's pension or a lump sum payable on the death of their spouse (or possibly a choice between the two, depending on the pension plan in question). As well, a surviving spouse's rights take

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