17(1)Subject to section 30, a judge who has at least two years of pensionable service and ceases to be an active judge before becoming 60 years of age may elect to retire and be paid a deferred pension beginning when the judge becomes 60 years of age.

17(2)The amount of a deferred pension shall be 2% of the product of the number of the judge’s years of pensionable service, including parts of a year, and the judge’s average salary during those years.

17(3)Notice of an election under subsection (1)

17(4)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.

17(5)Subject to subsections (6) and (7), a judge who elects an entitlement to be paid a deferred pension is not entitled to be paid any other annual pension and is not entitled to be paid a disability benefit.

17(6)A judge who has elected an entitlement to be paid a deferred pension may, at the time when payments of the deferred pension are to begin to be paid, 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.

17(7)A judge who has elected an entitlement to be paid a deferred pension may, before the deferred pension begins to be paid, change the election and elect to be paid an annual pension under subsection 16(1), but payments of the annual pension elected under that subsection shall not be made retroactively.