CLHIA-ACCAP - Consumer Information

Key facts about segregated fund contacts

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3 FEATURES OF SEGREGATED FUND CONTRACTS 3 A guaranteed maturity benefit, equal to at least 75 per cent (and up to 100 per cent, depending on the contract) of contributions less previous withdrawals. This guarantee takes effect on a specified maturity date, typically not less than 10 years from the date the segregated fund contract is issued. In many cases, each additional contribution has its own maturity date. A guaranteed death benefit, equal to at least 75 per cent (and up to 100 per cent, depending on the contract) of contributions less previous withdrawals. The benefit is payable to the beneficiary of the contract upon the death of the insured person. If a beneficiary is named and the death benefit paid directly to him or her, that benefit is not subject to probate, executor or lawyer's fees. Potential creditor protection. When the contract's named beneficiary is a spouse, child, grandchild or parent of the insured person (or, in Quebec, the contract owner), when the beneficiary is designated irrevocably or where the contract is registered (for example, as a Registered Retirement Savings Plan), creditors cannot seize a segregated fund contract if the contract owner declares bankruptcy or fails to pay his or her debts, as long as he or she has not entered into the contract for the primary purpose of shielding assets from creditors. Courts of law have deemed the purchase of segregated fund contracts while the contract owner was insolvent to be an attempt to shield assets, and have disallowed the creditor protection in those cases.

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