Disabilities -> Unlocking locked-in pension funds
Some provinces allow the "unlocking" of all or a portion of a LIRA, LIF or LRIF under certain circumstances. Some of the circumstances include:
Some provinces allow the "unlocking" of all or a portion of a locked-in account without the above restrictions. For information by province, follow the links to your pension plan regulator, in the table of RPP regulators, or the following links:
Under some circumstances, when your employment with the pension plan provider ends, it may be possible to have your plan paid out instead of being transferred to a locked-in account, if the value in the plan is low, or if you have a shortened life expectancy. Check with your plan administrator.
If your federally-regulated pension plans has been transferred to a:
then the following unlocking provisions are available:
Individuals 55 or over with LIF holdings of less than 50% of the Yearly Maximum Pensionable Earnings (YMPE, 50% = $27,450 in 2016) will be able to wind up their accounts with the option to convert to a tax-deferred savings vehicle, such as an RRSP or RRIF.
Individuals 55 or older will be entitled to a one-time conversion of up to 50% of holdings value into a tax-deferred savings vehicle with no maximum withdrawal limits. If the funds are transferred to the locked-in funds owner's own RRSP or RRIF, this does not require contribution room, and the owner is not taxed until the funds are later withdrawn from the RRSP or RRIF.
On the website of the Office of Superintendent of Financial Institutions (OSFI), it is stated that the unlocked funds can be transferred to any RRSP or RRIF, not necessarily one belonging to the holder of the locked-in funds. This statement just confuses the issue, because a transfer to someone else is the same as a taxable withdrawal and subsequent gift.
Let's say Jane is unlocking $100,000 of her locked-in funds, and she has transferred the funds to her own RRSP or RRIF. If she wants to transfer all or a portion of the funds instead to one or more others, this is the same as withdrawing the funds and then gifting them to someone else. She will be taxed on the amount withdrawn.
If the recipient (spouse or other) wishes to deposit the gift to their RRSP, they would have to have sufficient contribution room.
If Jane wishes to make a contribution to a spousal RRSP, she would have to have sufficient contribution room.
The only time that a direct transfer to a spouse's registered plan is necessary is to fulfill the requirements of a divorce or separation agreement. In this case no contribution room is necessary and the transfer does not generate taxable income.
Generally, withdrawals for financial hardship can only be done once per year, unless you have more than one locked-in account. However, if there is only one locked-in account and the maximum permitted amount was not withdrawn, another application for withdrawal can be made if done within 30 days of the 1st withdrawal. If you have more than one account and wish to make a subsequent withdrawal, the application for the 2nd withdrawal also must be made within 30 days of the of the 1st withdrawal. The total dollar amount of all withdrawals must be within the permitted maximum for the year.
The amount that can be unlocked is:
If you are no longer employed by the employer from which the pension funds originated, and you have been a non-resident of Canada for at least 2 consecutive years, then you can unlock the total value of your plan funds.
If a physician has certified that you have a shortened life expectancy due to a physical or mental disability, then the total value of your plan funds can be unlocked.
Note that the unlocking of these funds will lose the protection from creditors provided to locked-in funds.
The Office of the Superintendent of Financial Institutions Canada (OSFI) information on Pension Unlocking provides more information on federally-regulated pension plans.
The yearly maximum pensionable earnings (YMPE), is the maximum amount on which contributions to the Canada Pension Plan (CPP) are based. Thresholds which are based on the YMPE will change each year as the YMPE changes. See the CPP/EI page for the YMPE.
See also - links to all information on TaxTips.ca related to persons with disabilities.
Tax Tip: Contact the regulator of your pension plan to determine what you can do with your LIRA - don't rely solely on information from your financial institution.
Revised: September 14, 2021
Copyright © 2002 Boat Harbour Investments Ltd. All Rights Reserved. See Reproduction of information from TaxTips.ca