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Decision
[1] The Added Party was entitled to a Canada Pension Plan (CPP) credit split. It cannot be reversed. My reasons are as follows.
Overview
[2] The late J. K. applied for a CPP Division of Unadjusted Pensionable Earnings (DUPE), or CPP credit split, on July 12, 2017. The Minister processed the credit split on August 14, 2018. J. K. passed away about 10 days after the credit split was processed.
[3] In September 2018, the Claimant requested reconsideration of the credit split and that it be reversed. The Minister denied the request for reconsideration. The Claimant appealed the reconsideration decision to the Social Security Tribunal.
Issue
[4] Was the Added Party entitled to a Division of Unadjusted Pensionable Earnings (DUPE), or CPP credit split?
Analysis
[5] The Claimant and the late J. K. were married from April 14, 1979 until March 15, 2016. They entered into a written separation agreement that referenced the DUPE on June 30, 2016. The dates of marriage and contents of the separation agreement are not disputed.
[6] The late J. K. applied for the DUPE on July 12, 2017. That was more than one year after she and the Claimant had been living separate and apart. In June 2018, a letter was sent to the Claimant stating that a CPP credit split application had been received from J. K.. The Claimant did not respond to the letter. A CPP credit split was then processed on August 14, 2018. The period of credit division was from January 1, 1979 to December 31, 2015.
[7] The Claimant requested that the credit split be reversed shortly after J. K. passed away. He submitted that it was unfair to have half of the CPP credits he worked 40 years for taken away and then not able to be used because of J. K.’s sudden passing. I agree that these circumstances must be quite frustrating for the Claimant, but I am bound by the CPP legislation. I do not have the authority to make case-by-case exceptions.
[8] The Minister submitted that the fact that J. K. passed away in the same month the credit split was performed has no bearing on preventing the pensionable credits from being divided. While unfortunate, I have to agree.
[9] The Minister does have the discretion to refuse a division, or to cancel one made within 60 days after making the division, but only in specific cases where both contributors would see their pension decrease because of a credit splitFootnote 1. That does not apply in this situation. The applicant for the CPP credit split can also withdraw their application by sending a notice in writing no later than 60 days after the date they receive notification of the decisionFootnote 2. That, again, does not apply here. J. K. would have had to be the one sending a notice because she was the original applicant.
[10] I find that the CPP credit split has been performed in accordance with the CPP. There is no further discretion to reverse or withdraw the credit split.
Conclusion
[11] The appeal is dismissed.