2015 USER GUIDE FOR OWNERS (Applicants)
Contents
1. Part 4 Consent of the owner s spouse to the withdrawal If you have a spouse on the day you sign the certification you may only withdraw money from your locked in account if your spouse consents to the application Your spouse s consent is not required if you and your spouse are living separate and apart as a result of a breakdown in your spousal relationship or the money in your locked in account came from the pension plan of another person such as your former spouse If your spouse wishes to consent your spouse must fill in Part 4 and sign and date it in the presence of a witness who is at least 18 years of age The witness must also sign Part 4 An employee of the financial institution may be the witness The owner of the locked in account cannot be the witness If your spouse is not sure about the legal consequences of signing the consent he or she should seek legal advice Your spouse is under no obligation to sign But if spousal consent is required and your spouse does not consent the financial institution must refuse your application Your spouse must indicate that he or she understands that i the owner is making an application to withdraw money from the locked in account and that the owner cannot withdraw the money from the locked in account without your spouse s consent ii as long as this money is in the locked in account your spouse may have a right to a share of this money if there is a breakdown2. are not spouses for the purpose of this application Your living separate and apart must be because there has been a breakdown in the spousal relationship If one spouse is living elsewhere because of his her work or because he she is looking after a relative or friend or for health reasons or for other reasons that are not related Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 7 of 11 Queen s Printer for Ontario 2015 to their spousal relationship it does not mean you are living separate and apart for the purpose of this application It is possible that you may have more than one spouse That is you may be separated from your wife or husband although you are still married but you may be living common law with another person who meets the definition of spouse in the Pension Benefits Act In this case you should fill in the information about the spouse with whom you are living when you apply in this example your common law spouse The money can only be withdrawn if that person provides his or her consent see Part 4 Part 2 Arrears of payment of rent or secured debt mortgage on principal residence Question 1 Other than this application have you applied to withdraw money from this locked in account based on arrears of payment of rent or secured debt mortgage on any property that is or was your principal residence at any time during 2015 If you answered yes
3. son receives a letter stating that they will be evicted unless their overdue mortgage payments are made If David applies under this category as the owner of the locked in account his application must be refused because his son received the demand letter not David Examples of debts secured against a principal residence include a mortgage a line of credit secured against the principal residence or a lien registered against the principal residence If you have received a demand for payment on another type of secured debt against your principal residence you should ask your financial institution if that qualifies under this category Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 6 of 11 Queen s Printer for Ontario 2015 A principal residence is a person s primary place of residence It is the housing unit he or she ordinarily lives in during the calendar year in which the applicant signs the application It can be a house a condominium unit an apartment or other unit in a multi residential property a non seasonal mobile home a trailer or a houseboat A person can have only one principal residence for the purpose of this application An application is considered to have been made in the year in which the financial institution receives the completed application You may make more than one application for a withdrawal from the same locked in account under different categories of financ
4. your locked in account must be subject to Ontario pension law not federal pension law or the pension law of another province If the money is not subject to Ontario pension law the financial institution must refuse your application If you are not sure whether the money in your locked in account is subject to Ontario pension law ask your financial institution The application form You must apply on the forms approved by the Superintendent of Financial Services The application for arrears of rent or secured debt mortgage on a principal residence must be made on Form FHU 2 for the year in which you are applying Forms and other information about financial hardship unlocking may be accessed on FSCO s website You may also contact FSCO and request an application form or you may pick up an application form from FSCO s office You may also ask your financial institution for an application form If an application is signed in 2015 the 2015 form must be used You cannot use a previous year s form One application per year per category per account You may only make one application from your locked in account each calendar year under the arrears of rent or secured debt mortgage on a principal residence category Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 3 of 11 Queen s Printer for Ontario 2015 The key date is the date your financial institution receives your complete
5. FINANCIAL HARDSHIP UNLOCKING 2015 USER GUIDE FOR OWNERS Applicants FORM FHU 2 ARREARS OF RENT OR SECURED DEBT MORTGAGE ON A PRINCIPAL RESIDENCE Contents Introduction and overview Main requirements for applying for financial hardship unlocking Money must be locked in and you must be the owner Money must be subject to the Pension Benefits Act The application form One application per year per category per account Deadlines and timelines Minimum and maximum amounts you may apply for When your application is approved Payment Withholding tax and other deductions Entitlement to other government benefits Loss of creditor protection Privacy Filling out FHU Form 2 Arrears of Rent or Secured Debt Mortgage on a principal residence General information about Form 2 Part 1 information about yourself and your locked in account Part 2 arrears of rent or secured debt mortgage on principal residence Part 3 certification by the owner of the locked in account Part 4 consent of the owner s spouse to the withdrawal Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 1 of 11 Queen s Printer for Ontario 2015 INTRODUCTION AND OVERVIEW This User Guide is intended to assist owners of locked in accounts who wish to apply to withdraw money from locked in accounts because of financial hardship in accordance with the requirements of Regul
6. application along with any required accompanying documents This could be the date the completed application is submitted in person or the date it is received by mail fax or electronically Deadlines and timelines There are a number of important deadlines and timelines which must be met i 60 day time limit for submitting the application Once you sign the application and your spouse signs the consent if applicable you have 60 days to submit it to the financial institution If you submit it after 60 days from the date you signed it you will have to fill out another application ii 30 day time limit for payment by financial institutions The financial institution must review the application and determine if it meets the requirements in the Regulation for the arrears of rent or secured debt mortgage on a principal residence category of financial hardship If the requirements are met the financial institution must approve the application and make the payment within 30 days from the day it received the completed application Minimum and maximum amounts you may apply for For all applications the minimum amount you can apply for is 500 00 If you apply for less than 500 00 the application must be refused The maximum amount for the arrears of rent or secured debt mortgage on a principal residence category is described on pages 8 9 You cannot apply for an amount greater than the maximum amount to which you are entitled if you
7. ation 909 R R O 1990 under the Ontario Pension Benefits Act Please note that this User Guide is a guideline only It is meant to provide guidance to individuals who are filling out applications Where this guideline conflicts with the Financial Services Commission of Ontario Act 1997 S O 1997 c 28 FSCO Act the Pension Benefits Act R S O 1990 c P 8 or Regulation 909 R R O 1990 Regulation the FSCO Act Pension Benefits Act or Regulation govern There are four categories of financial hardship i medical expenses ii arrears of rent or debt secured on a principal residence such as a mortgage iii payment of first and last months rent and iv low expected income This User Guide is only for category ii arrears of rent or secured debt mortgage ona principal residence If you want to make an application during this year under one of the other categories you must make a separate application For applications under other categories please refer to the appropriate User Guide on the FSCO website Effective January 1 2014 all applications for financial hardship withdrawals must be made to the financial institution which holds and administers your locked in account A financial institution may be one of the following institutions bank life insurance company credit union caisse populaire trust company If you have invested the money in your locked in account through a financial advisor you should as
8. do apply for an amount greater than the maximum the financial institution should advise you to amend the application A financial institution is not permitted under the Regulation to pay an amount greater than the maximum the owner is entitled to Please refer to the section below Part 2 question 2 for more information about the maximum amount you may withdraw for arrears of rent or secured debt mortgage on a principal residence Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 4 of 11 Queen s Printer for Ontario 2015 WHEN YOUR APPLICATION IS APPROVED Payment The money must be paid in one lump sum It cannot be paid monthly or in any other manner It cannot be transferred to another tax deferred account such as a registered retirement savings plan or a registered retirement income fund Withholding tax and other deductions The amount you are approved for will be reduced by an amount withheld for income tax This is because when money is paid out of an unlocked account financial institutions are required to withhold a certain amount of money for income tax and pay that amount to the Canada Revenue Agency CRA In addition your financial institution may charge an administrative fee for your application which will be deducted from the amount that was approved for you For example if you apply and are approved for a withdrawal of 20 000 00 the financial institution mus
9. ent 24 000 so the total amount he would enter in box 2b is 36 000 Since the amount in box 2a is the smaller amount his maximum is 26 800 He must attach the demand letter for the arrears of rent Freda is in arrears on her monthly mortgage payment of 3 000 and has received a written demand for six months of payments 18 000 She can apply for that amount plus an additional amount that will bring her total to less than 26 800 Letter must be attached Question 3 How much money are you applying to withdraw from this locked in account You do not have to apply for the maximum amount you are entitled to You cannot apply for an amount that is e greater than the amount in your locked in account as of the date you sign this application e greater than the maximum amount you are allowed to withdraw box 2c or e less than 500 00 George has a line of credit with his financial institution secured by his principal residence He has received a demand for the amount by which he has exceeded his credit for 30 000 His maximum is 26 800 but he only has 20 000 in his LIF George can apply to withdraw 20 000 Remember that the amount you apply for will be reduced by withholding tax and may be reduced further by an administrative fee Question 4 What principal residence is subject to the arrears of rent or secured debt mortgage If the principal residence is the residence you have identified in Part 1 question 1 your mailing addr
10. ess check the residence identified in Part 1 box If the principal residence is at a different address check the residence at the following address box and fill in the information about that residence Additional documents You must provide a copy of the written demand for arrears of rent or default on a mortgage or other secured debt on your principal residence with your application Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 9 of 11 Queen s Printer for Ontario 2015 Part 3 Certification by the owner of the locked in account You must sign and date the certification in Part 3 in the presence of an adult witness who must be 18 years of age or older The witness cannot be your spouse or dependant An employee of your financial institution may be a witness Once the application is signed you have 60 days to submit it to the financial institution Certifications regarding spousal status You must certify certain information regarding your spousal status on the date you sign the application In Part 3 you must check only one of four boxes i You have a spouse and your spouse consents to the withdrawal of money from the locked in account If you check this box you will need your spouse to complete Part 4 ii You have a spouse but you and your spouse are living separate and apart as a result of a breakdown in your spousal relationship iii You have a sp
11. ial hardship in the same year but you must use different forms Part 1 Information about yourself and your locked in account Question 1 Fill in the information about yourself in each box Question 2 Fill in the name of the financial institution that holds your locked in account for example the name of the bank insurance company credit union and the number of the account The only number in the box should be the number of the account from which you wish to withdraw money Information about your spouse Question 3 If you have a spouse on the date you sign this application fill in the information about your spouse in each box Spouse is defined in the Pension Benefits Act as either of two persons who i are married to each other or ii are not married to each other and are living together in a conjugal relationship either a continuously for a period of not less than three years or b inarelationship of some permanence if they are the natural or adoptive parents of a child both as defined in the Family Law Act If you have a spouse and you are living separate and apart from your spouse due to a breakdown in your spousal relationship your spouse is not required to consent to the withdrawal However you must still fill in the required information about your spouse in question 3 Just because you and your spouse are living in different residences on the date the application is signed does not automatically mean you
12. in your spousal relationship or if you die and iii if any money is withdrawn from the locked in account your spouse may lose any right that he or she has to a share of the money withdrawn If the financial institution is not satisfied that the spouse understands what he or she is signing it may refuse the application The financial institution may request proof of the spouse s identity and spousal status Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 11 of 11 Queen s Printer for Ontario 2015
13. k your advisor if you should make your application through him her or directly to the financial institution that holds your locked in account You cannot make your application to the Financial Services Commission of Ontario FSCO FSCO no longer has the authority to process these applications Your financial institution is responsible for answering questions and providing information to you regarding your application Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 2 of 11 Queen s Printer for Ontario 2015 MAIN REQUIREMENTS FOR APPLYING FOR FINANCIAL HARDSHIP UNLOCKING Money must be in a locked in account and you must be the owner There are three different types of locked in accounts i Locked in retirement accounts LIRAs ii Life income funds LIFs There are two kinds of LIFs Old LIFs and New LIFs iii Locked in retirement funds LRIFs To apply for financial hardship withdrawal your money must be in one of these accounts If your money is still in your pension plan you cannot apply to withdraw money on the basis of financial hardship You must be the owner of the locked in account to apply for financial hardship The locked in account must be in your name not in your spouse s name If you are not sure whether you are the owner of the account ask your financial institution or financial advisor Money must be subject to the Pension Benefits Act The money in
14. osed in accordance with any applicable law FILLING OUT FHU FORM 2 ARREARS OF RENT OR SECURED DEBT MORTGAGE ON A PRINCIPAL RESIDENCE General Information about Form 2 Under this category you may make one application during a calendar year if you are either e inarrears of rent on your principal residence or e in default on debt secured against your principal residence such as a mortgage and you could face eviction if the money you owe is not paid The terms in arrears or in default basically mean that you have fallen behind in this example in either your rent or mortgage payments on your residence and the payments are overdue There are two other conditions that must be met e the demand for payment must be in writing and e the demand for payment must have been received by either yourself or your spouse The demand for payment refers to the formal notice that tells you that you must make your payment For example Christine has fallen behind in her rent payments Her landlord told her that unless she makes her payments she will be evicted from her residence If Christine applies under this category her application must be refused because the demand is not in writing She would need to get a written demand letter from her landlord for her application to be successful David shares a residence with his son who is David s dependant because he is disabled The residence is in the name of the son and the
15. ouse but none of the money in your locked in account is derived directly or indirectly from a pension benefit provided in respect of your past or current employment This refers to a situation where you are seeking to withdraw money from a locked in account and this money did not come from your pension but from someone else s pension plan such as your former spouse For example as a result of a divorce John was required to pay a portion of his pension to Jane and the money was paid into Jane s locked in account Jane subsequently married Bob and now wants to apply to withdraw money from her locked in account for financial hardship Since the money was earned by John Jane s current spouse Bob is not required to consent to the application John is no longer Jane s spouse so his consent is no longer required iv You do not have a spouse Other certifications By signing the application you are also certifying that all the information in the application and any accompanying documents is accurate and complete you could face eviction if the arrears of rent or default on a secured debt mortgage remains unpaid and Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 10 of 11 Queen s Printer for Ontario 2015 you have not previously applied to withdraw money for arrears of rent or default on a secured debt mortgage in this calendar year from this locked in account
16. t withhold approximately 30 percent of that amount which is 6 000 00 for income tax and pay it to CRA If the financial institution charges you a 50 00 fee that amount will also be deducted Therefore you will receive 13 950 00 If you want to receive a greater amount in cash than what you would have received after deductions you should apply to withdraw a greater amount But you cannot apply to withdraw an amount greater than the maximum to which you are entitled under the Regulation or greater than the amount in your account Entitlement to other government benefits When you withdraw money from a locked in account that amount could be considered as income This could affect your eligibility for benefits under a government program such as social assistance If you have a question as to whether this could apply to you you should contact the government agency or department that administers the program or provides these benefits Loss of creditor protection Money in locked in accounts cannot be seized by creditors However if you withdraw money from a locked in account for financial hardship it will no longer be protected from creditors and may be seized Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 5 of 11 Queen s Printer for Ontario 2015 Privacy The financial institution must advise each owner about the purpose for which personal information is collected used or discl
17. you cannot apply again under this category this year Question 2 What is the maximum amount you may withdraw The maximum amount you may withdraw is the smaller of the amounts entered in boxes 2a and 2b The amount in box 2a for 2015 is 26 800 In box 2b fill in e the total amount of arrears of rent on your principal residence that you owe plus the total amount of rent that you will have to pay for the next 12 months from the date your application is signed or e the total amount of arrears or default on your mortgage or other secured debt on your principal residence that you owe plus the total amount of payments due plus interest you will have to pay for the next 12 months from the date your application is signed The total amount of arrears of rent or arrears on your mortgage or other secured debt should be the amount that is set out in the written demand If you do not want to apply for future rent or mortgage payments for the next 12 months you should not add any additional amount to the total in box 2b Enter the smaller amount in box 2c This is the maximum amount that you may apply to withdraw under this category Effective 2015 01 01 2015 User Guide for Owners Applicants Form 2 FSCO 1297E I 2015 Page 8 of 11 Queen s Printer for Ontario 2015 Examples Eddie is in arrears on his monthly rent 2 000 each month for six months and owes 12 000 He wants to apply for the arrears plus a year s worth of r
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