This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption of RRSPs, DPSPs, and RRIFs from creditors’ remedies. If it is concluded that RRSPs, DPSPs, and RRIFs should enjoy some exemption from creditors’ remedies, then should the exemption be total, or should it be surrounded by limits intended to lessen the possibility of abuse? Some possible limits are discussed in detail. Another issue that is raised is: should there be different exemptions of RRSPs, DPSPs, and RRIFs from enforcement and garnishment, depending on whether the plans are offered by insurance or non-insurance vendors? If the exemption of such plans is the same for insurance and non-insurance products, should the new exemptions be limited to plans which name a beneficiary? Should Alberta legislation follow national legislative models, and should LIRAs, LIFs and LRIFs be exempt as well?
Consultation Memoranda
Back to Publication SearchCreditor Access to Future Income Plans, Consultation Memorandum 11
Resource Details
Publication No: | 11 |
FORMAT: | Publications |
TAGS: | claim, compensation, damages, death, estate, survival of action, wrongful |
FILE: | cm11.pdf |