Form 12 Financial Hardship Application Withdrawal from a LIRA or LIF Finance and Treasury Board For Staff Use Only Stamp File no: Use this form to withdraw or transfer money from a locked-in retirement account (LIRA) or a life income fund (LIF) because of financial hardship. Answer the following questions to see if this is the right form for you. Was the pension earned by you or your spouse while working in Nova Scotia? Yes. Continue to the next question. No. Do not use this form. Contact the jurisdiction where the pension was earned. Was the pension earned while working for a company regulated by the federal government? Yes. Do not use this form. Contact the financial institution that holds your locked-in account. Check the FAQ on the OSFI website: www.osfi-bsif.gc.ca/Eng/pp-rr/faq/Pages/ulk-dbc.aspx No. Continue to the next question. Are you planning to withdraw at least $500? Yes. Continue to the next question. No. Do not complete this form. We cannot approve applications for less than $500. What is your reason for withdrawing or transferring money from this account or fund? The mortgage on my home—my principal residence—has not been paid AND I have received a written demand for payment from the creditor which indicates I could face eviction if the debt is not paid. Use this form if you have never had a withdrawal approved for this reason before. The rent on my home–my principal residence–has not been paid AND I have received a written demand from my landlord threatening eviction if the rent is not paid. Use this form if you have never had a withdrawal approved for this reason before. I, my spouse, or a dependent have medical expenses necessary to treat an illness or disability that aren’t covered by any other program. Use this form if you have not had a withdrawal approved for that person’s medical expenses for an application made in the past 12 months. I expect to earn less than $35,733 (before taxes) over the next 12 months. Use this form if you have not had a withdrawal approved for low income for an application made in the past 12 months. Have you considered other effects of withdrawing or transferring this money? • Your taxes. Contact the Canada Revenue Agency at 1-800-959-8281 to find out how your taxes may be affected. • Your eligibility for certain government benefits. Contact the government department or agency that provides those benefits to see how they may be affected. • Creditor protection. Money you withdraw is no longer protected from your creditors. Page 1 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 1 G Give your personal information Last name: First name: Middle name: Address: 2 G Postal code: Email: Phone number: Date of birth (dd/mm/yyyy): Give information about your LIRA or LIF LIRA or LIF account number: Name of financial institution: 3 G Have you applied before to withdraw money for reasons of financial hardship? Yes, I have applied before for reasons of financial hardship. Note that limits apply—see item 7 below. No, this is my first such application. 4 G Where was the money in the LIRA or LIF transferred from? my pension plan with a former employer a former spouse’s pension after the breakdown of our relationship 5 G Where was the pension earned by you or your former spouse? Company name: Province of employment: 6 G Attach a copy of the most recent statement from your LIRA or LIF Statement attached. 7 G Attach one or more of the following declarations and supporting documents 7A1 Withdrawal to cover Mortgage Arrears (see page 4) Limit: Only one withdrawal for mortgage arrears allowed. Do not use this form if a previous application was approved. 7A2 Withdrawal to cover Rental Arrears (see page 5) Limit: Only one withdrawal for rental arrears allowed. Do not use this form if a previous application was approved. 7B1 Withdrawal to cover Medical or Dental Expenses (see page 6) 7B2 Physician’s Statement and other supporting documents (see page 7) Limit: one withdrawal every 12 months. Do not use this form if an approval was given for a previous application made for that person in the past 12 months. 7C Withdrawal because of Low Income (see page 8) Limit: one withdrawal every 12 months. Do not use this form if an approval was given for a previous application made in the past 12 months. Page 2 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 8 G Attach an Owner’s Certificate for the LIRA or LIF Owner’s certificate attached, which is signed and witnessed. (see page 10) 9 G Attach a Spouse’s Consent to the withdrawal or transfer, if needed Spouse’s Consent attached, which is signed and witnessed. (see page 11) I have no spouse as defined in the Pensions Benefit Act (see our definition of spouse on page 12) 10 G Sign the consent To administer this application, we may need to share your personal information with your financial institution. By signing this consent, you allow us to do that. I consent to the use of the personal information that I provided with this application for the purpose of administering the financial hardship provisions of the Pension Benefits Act only. Name: Signature: Date (dd/mm/yyyy): It is an offence under the Criminal Code for anyone to knowingly make or use a false document with the intent that it be acted upon as genuine. This form is approved by the Superintendent of Pensions under the Pension Benefits Act. 11G Return the form and attachments By mail to: Finance and Treasury Board Pension Regulation Division PO Box 2531 Halifax, NS B3J 3N5 By fax to: (902) 424-1298 By courier to: Finance and Treasury Board Pension Regulation Division 1723 Hollis St, 4th floor Halifax, NS B3J 1V9 Questions? Call 902-424-8915 or email [email protected] Page 3 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Form 12 • 7A1 Declaration in support of a withdrawal to cover Mortgage Arrears I declare that • The mortgage on my home has not been paid. • My financial institution has indicated I could face foreclosure on my principal residence, the home where I normally live. • I have not had a previous application for mortgage arrears approved by the Superintendent of Pensions. Declare the location of your principal residence The same address given above in my personal information or The following address: Declare the amount you wish to withdraw $ • This amount must be at least $500. • This amount cannot be greater than the mortgage payments that are in arrears and enforcement costs that are owed at the time of the application. • This amount cannot include any other money that is owed, like property taxes or insurance. Attach a copy of the following document The written demand for payment from the mortgage holder that sets out the amount you need to pay both the mortgage debt in default on your home and all directly related enforcement costs to bring the mortgage into good standing. The demand must also indicate that you could face foreclosure if the debt is not paid. Page 4 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Form 12 • 7A2 Declaration in support of a withdrawal to cover Rental Arrears I declare that • The rent on my principal residence has not been paid. • I could face eviction on my principal residence, the home where I normally live. • I have not had a previous application for rental arrears approved by the Superintendent of Pensions. Declare the location of your principal residence The same address given above in my personal information or The following address: Declare the amount you wish to withdraw $ • This amount must be at least $500. • This amount cannot be greater than the rental arrears and all directly related enforcement costs that are owed at the time of the application. • This amount cannot include any other money that is owed. Attach a copy of the following document The written demand for payment from your landlord that sets out the amount you need to pay both the rental arrears and all directly related enforcement costs. The written demand must indicate you could face eviction if the debt is not paid. Page 5 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Form 12 • 7B1 Declaration in support of a withdrawal to cover Medical or Dental Expenses I declare that • These expenses are for medical or dental expenses that aren’t covered by any other program, like insurance, a benefit plan, Pharmacare, or any other government program. • These expenses are needed to treat an illness or disability. • No approval has been given by the Superintendent of Pensions for a previous application for a withdrawal to cover medical or dental expenses for that person made in the last 12 months. Declare the amount you wish to withdraw $ • This amount must be at least $500. • This amount cannot be more than the cost of all medical or dental expenses in the 12 months before and the 12 months after the date of this application. • Your doctor or dentist must identify the goods or services that are necessary to treat an illness or disability. • Estimated future costs must be based on written information from the provider of the goods or services. Declare who the medication or medical treatment is for me, the owner of the LIRA or LIF my spouse or dependent (as defined in definitions on page 12 of this form) Spouse or Dependent Information: Last name: First name: Middle name: Attach receipts or estimates, or both copies of receipts of all medical or dental expenses for the last 12 months a written estimate of future costs for the next 12 months from the product or service provider Attach one of the following statements about other coverage a signed and dated statement listing any other coverage available to pay all or part of the medical or dental expenses a signed and dated statement confirming that no other coverage is available Attach one of the following from your doctor or dentist Note that if the medical or dental expenses are for a future period, the statement or letter must clearly state the period for which the goods or services are required. Physician or Dentist’s Statement, signed and completed by my doctor or dentist who is licensed to practice medicine or dentistry in Canada (see page 7 of this form) letter signed by my doctor or dentist stating that they are licensed to practice medicine or dentistry in Canada and that the goods or services are necessary for the treatment of an illness or disability Page 6 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Form 12 • 7B2 Physician’s Statement in support of the owner’s Withdrawal to cover Medical or Dental Expenses Use this form to give your opinion for the purposes of the owner’s application. or Give your opinion in another written format, such as a letter. The other format must • state that you are a physician or dentist licensed to practice medicine or dentistry in a jurisdiction in Canada • state that, in your opinion, the patient requires specified goods or services necessary to treat an illness or disability • specify the goods or services that are necessary • sign and date the letter Physician or Dentist’s Information Last name: First name: Middle name: Address: Postal code: Phone number: Physician or Dentist’s Statement I am a physician or dentist licensed to practice medicine/dentistry in a jurisdiction in Canada. In my opinion, my patient, (Print the name of your patient) has an illness or physical disability and the following goods or services are or were necessary for my patient’s treatment: Signature : Date (dd/mm/yyyy): Time-sensitive material: This statement must be received by the Superintendent of Pensions within 12 months of signing to be valid. Page 7 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Form 12 • 7C Declaration in support of a withdrawal Because of Low Income I declare that • I expect to earn less than $35,733 (before taxes) over the next 12 months. (Do not include income earned by family members.) • I have not had an application for a withdrawal because of low income made in the last 12 months approved by the Superintendent of Pensions. Calculate your Expected Income for the next 12 months Part-time or Full-time work (gross income before taxes/deductions): $ Employment Insurance (EI) $ Canada Pension Plan (regular or disability): $ OAS/GIS/other pensions $ Social Assistance: $ LIF Income: $ Workers’ Compensation Income: $ Self-Employment/Business Income $ Other (specify): $ Total Expected Income A $ 0 Calculate the maximum amount you can unlock due to low income in a 12-month period Is your Total Expected Income (A) more than $35,733? Yes. You are not eligible to withdraw any funds. No. Use your Total Expected Income (A). Total Expected Income A Subtract B from $26,800 = multiply by 0.75 = B $ $ 0.00 $ 26,800.00 Maximum that you can unlock Identify the amount you wish to withdraw I want to withdraw the maximum allowed. or $ (This amount must be at least $500.) Page 8 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Attach your most recent Notice of Assessment (NOA) or equivalent document issued by the Canada Revenue Agency attached (required) . If you don’t have a NOA, sign up for an epass at cra-arc.gc.ca/myaccount to access your NOA. Call Canada Revenue Agency at 1-800-959-8281 to request an NOA or an equivalent document. Attach other documents that confirm your income Employment Insurance Statement with benefit amount, end date of benefits, and number of eligible weeks Canada Pension Plan statement Social Assistance benefits statement or cheque stub Workers Compensation benefits statement or cheque stub Record of Employment (ROE) Last 3 consecutive pay stubs for all part-time or full-time employment Long-term or short-term disability statement Page 9 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Form 12 • 8 Owner’s Certificate I certify that I own the LIRA or LIF named in this application and am applying to withdraw or transfer money from it. I certify that on the date I sign this statement: (Check only one box.) I do not have a spouse. I have attached my spouse’s consent to the withdrawal of money from my LIRA or LIF—Spousal Consent, page 8 of this form. I have a spouse, but we do not live together now and do not intend to live together again in the future, and my spouse is not entitled to any part of the money in the LIRA or LIF because of a court order or domestic contract. I have a spouse but all the money in my LIRA or LIF was originally earned by my former spouse under his or her pension plan, and I became the owner of that money as a result of the breakdown of our relationship. I certify that all of the information in this application is true and complete. I understand that, in addition to the amount that I have applied to withdraw or transfer from my LIRA or LIF, applicable taxes and an application fee of $116.65 will be withheld. I understand that any money withdrawn or transferred from my LIRA or LIF will no longer be protected from my creditors. I understand that it is a criminal offence under the Criminal Code of Canada for anyone to knowingly make or use a false document with the intent that it be acted on as genuine. Signature (Owner): Date (dd/mm/yyyy): Witnessed by: Date (dd/mm/yyyy): This certificate must be signed before a witness. Your witness • must be at least 18 years of age • must see you sign the form • must sign, print their name, and date this form immediately after seeing you sign and date this form Witness’ Information Last name: First name: Middle name: Address: Postal code: Phone number: Time-sensitive material: This application must be received by the Superintendent of Pensions within 60 days of signing to be valid. Page 10 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 Form 12 • 9 Spouse’s Consent to the Withdrawal or Transfer of Money To be completed by the spouse referred to in the Owner’s Certificate portion this application. Before signing this consent, you should speak to a lawyer about your rights and the legal consequences of signing this consent. Spouse’s Information Last name: First name: Middle name: Address: Postal code: Phone number: Spouse’s Consent I am the spouse of the owner of the LIRA or LIF identified in this application. I understand that the owner is applying to withdraw or transfer money from the LIRA or LIF named in this application. I understand that the owner must have my consent to withdraw or transfer the money from the LIRA or LIF. I understand that I do not have to give my consent—it is my choice to consent or not to consent. I understand that while this money is kept in the LIRA or LIF, I may have a right to a share of this money if our relationship breaks down or if the owner dies. I understand that when money is withdrawn or transferred from the LIRA or LIF, I may lose any right that I have to a share of the money that is withdrawn of transferred. I consent to the owner’s application to withdraw or transfer money from the LIRA or LIF. I give my consent by signing and dating this consent in the presence of a witness. Signature (Spouse): Date (dd/mm/yyyy): Witnessed by: Date (dd/mm/yyyy): This consent must be signed before a witness. Your witness may not be your spouse (the owner). Your witness must be at least 18 years of age. Your witness must see you sign the form. Your witness must sign, print their name, and date this form immediately after seeing you sign and date this form. Witness’ Information Last name: First name: Middle name: Address: Postal code: Phone number: Time-sensitive material: This application must be received by the Superintendent of Pensions within 60 days of signing to be valid. Page 11 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01 How we define spouse, dependent, and domestic contract Spouse • The person you are married to. • The person you are married to, if the marriage hasn’t been legally ended. • The person you thought you were married to, if you are still living together. • The person you thought you were married to, if you have lived together within the last 12 months. • The person you are living with as a registered domestic partner under the Vital Statistics Act. • The person you have been living with in a sexual relationship for at least one year, if neither of you are married to someone else. • The person you have been living with in a sexual relationship for at least three years, even if one or both of you are married to someone else. Dependent A dependent is one of the following who is dependent on you or your spouse for support at the time this application is signed or in the 12 months before it is signed: • • • • • a child, stepchild, grandchild a parent, step-parent, or grandparent a brother, half-brother, or step-brother a sister, half-sister, or step-sister an uncle, aunt, niece, or nephew Domestic contract A domestic contract means • a written agreement that provides for a division between spouses of a pension benefit, deferred pension, or pension • a marriage contract as defined in the Matrimonial Property Act Page 12 of 12 novascotia.ca/finance/en/home/pensions/default.aspx Form 12 • 2015/01
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