16(1)Subject to section 30, a judge who has at least two years of pensionable service and ceases to be an active judge before he or she becomes 60 years of age may elect to retire and be paid an annual pension, in accordance with subsection (2), beginning on the date of retirement, in which case the judge’s annual pension shall be the amount that would have been payable to the judge under section 10 if the annual pension had not begun until the judge became 60 years of age, reduced by three-twelfths of 1% for each calendar month from the calendar month following the calendar month in which the judge actually began retirement, to and including the calendar month before the calendar month in which the judge would become 60 years of age.

16(2)Notice of an election under subsection (1)

16(3)A notice of election that is made under this section by a judge who ceases to be an active judge because he or she has been removed from office as a judge shall be delivered to the Minister not more than 60 days after all opportunities for appeal of the removal from office have been exhausted.

16(4)Subject to subsection (5), an annual pension payable under subsection (1) is payable instead of any other annual pension and a judge who elects to be paid an annual pension under subsection (1) is not entitled to be paid any other annual pension at any other time.

16(5)A judge may, at the same time as a notice of election is delivered to the Minister in accordance with subsection (2), make an election under section 13 or 14 by delivering to the Minister a notice of election under and in accordance with subsection 13(10) or 14(5), as the case may be.