Acts and Regulations

2016, c.106 - Provincial Court Judges’ Pension Act

Full text
Election of judge with no spouse or common-law partner and no dependent child
14(1)A judge who, at the time when payments of an annual pension under section 10 or subsection 15(1) are to begin to be paid to the judge, or at the time when a notice of election is delivered to the Minister as provided for in subsection 16(5) or 17(6), has no spouse or common-law partner and no dependent child may at that time elect to be paid a lifetime annual pension, in accordance with subsection (5), in an amount that is less than the amount payable to the judge under section 10 or subsection 15(1), 16(1) or 17(2), in which case a payment under subsection (2) shall be guaranteed to the judge’s estate during a period of five, ten or 15 years after the payments of the reduced pension are to begin to be made to the judge, as selected by the judge.
14(2)If a judge elects to be paid a reduced annual pension under this section and dies before the expiry of the guarantee period of five, ten or 15 years selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annual pension payments that would have been paid to the judge during the remainder of the selected guarantee period if the judge had not died during that period.
14(3)The amount of a reduced annual pension to be paid to a judge making an election under this section and of the payment to the judge’s estate in total shall be the actuarial equivalent of the total amount of the payments that would have been made to the judge during the judge’s lifetime if the election had not been made.
14(4)If a judge elects to be paid a reduced annual pension under this section and dies after the end of the guarantee period of five, ten or 15 years selected by the judge, no payment shall be made to the judge’s estate under subsection (2).
14(5)Notice of an election under subsection (1)
(a) shall be made in writing, shall indicate the amount of the judge’s reduced annual pension and the period during which payment to the judge’s estate is guaranteed, and shall be signed by the judge,
(b) subject to subsections 16(5) and 17(6), shall be delivered to the Minister not earlier than 60 days and not later than ten days before the date on which the entitlement or requirement to be paid the annual pension begins,
(c) is not effective unless it is delivered to the Minister within the time period described in paragraph (b) or as provided for in subsection 16(5) or 17(6), as the case may be, and
(d) is irrevocable.
14(6)A judge who elects to be paid a reduced annual pension under this section is not entitled to re-elect to be paid a different reduced annual pension or an unreduced annual pension at another time.
2000, c.P-21.1, s.12; 2008, c.45, s.28